People v Malmstedt; G.R. No. 91107; 19 Jun 1991; 198 SCRA 401

FACTS:
Due to persistent reports that vehicles coming from Sagada were transporting marijuana and other prohibited drugs, a temporary checkpoint was set up for the checking of all vehicles coming from the Cordillera Region. During their inspection of a bus, one of the officers noticed a bulge, suspected to be a gun, on accused’s waist. The bulging object turned out to be a pouch bag and found therein hashish, a derivative of marijuana. Accused was carrying two travelling bags, each containing a teddy bear with bulges inside which did not feel like foam stuffing. The accused was arrested, tried and convicted for violation of RA 6425, as amended.

ISSUE(S):
Whether or not the search and arrest of the accused were illegal for lack of warrant.

RULING:
NO. Accused was searched and arrested while transporting prohibited drugs. A crime was actually being committed by the accused and he was caught in flagrante delicto.

Tags: , ,

Category: Legal Chyme

Leave a Reply

Your email address will not be published. Required fields are marked *