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

in Legal Chyme by

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.

Whether or not the search and arrest of the accused were illegal for lack of warrant.

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.

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