People v Zapanta; G.R. No. 90853; 13 Mar 1991; 195 SCRA 200

FACTS:
Accused was arrested following a buy-bust operation. Police operatives searched his mat, pillow and blanket, recovering one marijuana stick. However, the buyer still had the marked money in his hand.

ISSUE(S):
Whether or not the confiscated marijuana stick is admissible in evidence.

RULING:
NO. Apart from the uncertainty among the witnesses as to how many marijuana cigarettes, if any, were found in accused’s possession during the raid, the search in his shack was made without a warrant, hence, the marijuana cigarette or cigarettes seized in that raid were inadmissible as evidence

Appealed decision is REVERSED and SET ASIDE.

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Category: Legal Chyme

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