Posadas v Court of Appeals; G.R. No. 89139; 02 Aug 1990; 188 SCRA 288

FACTS:
While conducting a surveillance, the two policemen spotted petitioner carrying a “buri” bag and acting suspiciously. He attempted to flee when the policemen approached him and identified themselves but his attempt was thwarted. Found inside the “buri” bag were one (1) caliber .38 Smith & Wesson revolver, a smoke (tear gas) grenade, and two (2) rounds live ammunitions for a .22 caliber gun. Petitioner failed to show the necessary license or authority to possess firearms and ammunitions found in his possession. He was subsequently prosecuted for and found guilty of illegal possession of firearms and ammunitions

ISSUE(S):
Whether or not there was probable cause to justify the warrantless search and arrest of the petitioner.

RULING:
YES. The probable cause is that when the petitioner acted suspiciously and attempted to flee with the buri bag there was a probable cause that he was concealing something illegal in the bag and it was the right and duty of the police officers to inspect the same.

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Category: Legal Chyme

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