Accused-appellant was on board a trisikad when the arresting team boarded said trisikad. The police officer introduced himself and insisted on opening the black bag accused appellant was carrying. Inside said bag was dried marijuana leaves. Accused-appellant was tried and convicted for violation of the Dangerous Drugs Act.
Whether or not the arrest was valid.
NO. Accused-appellants manifested no outward indication that would justify their arrest. In holding a bag on board a trisikad, accused-appellants could not be said to be committing, attempting to commit or have committed a crime.
To constitute a valid in flagrante delito arrest, two requisites must concur: (1) the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and (2) such overt act is done in the presence or within the view of the arresting officer.