SC: Ordinance violations do not justify warrantless search, seizure | ABS-CBN
Welcome, Kapamilya! We use cookies to improve your browsing experience. Continuing to use this site means you agree to our use of cookies. Tell me more!
SC: Ordinance violations do not justify warrantless search, seizure
SC: Ordinance violations do not justify warrantless search, seizure
The Supreme Court building in Padre Faura, Manila on August 24, 2022. George Calvelo, ABS-CBN News/File.
The Supreme Court building in Padre Faura, Manila on August 24, 2022. George Calvelo, ABS-CBN News/File.MANILA — The Supreme Court has stressed that simple violations of ordinances and regulations, especially when the penalty does not involve imprisonment, are not enough to justify warrantless search and seizure.
MANILA — The Supreme Court has stressed that simple violations of ordinances and regulations, especially when the penalty does not involve imprisonment, are not enough to justify warrantless search and seizure.
In a decision of the 2nd Division promulgated on December 6, 2023, the court acquitted Angelito Ridon of illegal possession of firearms.
In a decision of the 2nd Division promulgated on December 6, 2023, the court acquitted Angelito Ridon of illegal possession of firearms.
The court said the firearm seized from Ridon was inadmissible because it was the result of an illegal search and seizure.
The court said the firearm seized from Ridon was inadmissible because it was the result of an illegal search and seizure.
Ridon was driving a motorcycle when police officers flagged him for entering a one-way street but he made a U-turn and was pursued and eventually cornered when he fell off his motorcycle.
Ridon was driving a motorcycle when police officers flagged him for entering a one-way street but he made a U-turn and was pursued and eventually cornered when he fell off his motorcycle.
ADVERTISEMENT
After being frisked by policemen, a revolver without a serial number was recovered from Ridon.
After being frisked by policemen, a revolver without a serial number was recovered from Ridon.
The Regional Trial Court convicted Ridon of illegal possession of firearm and ammunition, which was affirmed by the Court of Appeals.
The Regional Trial Court convicted Ridon of illegal possession of firearm and ammunition, which was affirmed by the Court of Appeals.
SEARCHES AS PART OF LAWFUL ARREST
The Supreme Court said searches and seizures without a warrant may be allowed if these are part of a lawful arrest under Rule 126, Section 13 of the Rules of Court.
The Supreme Court said searches and seizures without a warrant may be allowed if these are part of a lawful arrest under Rule 126, Section 13 of the Rules of Court.
The court however said a traffic violation does not call for an arrest but only the confiscation of the driver’s license.
The court however said a traffic violation does not call for an arrest but only the confiscation of the driver’s license.
“Following the exclusionary rule, the illegality of the search and seizure means that there is no admissible evidence left to convict Angelito,” the court said in the decision penned by Associate Justice Mario Lopez, Jr.
“Following the exclusionary rule, the illegality of the search and seizure means that there is no admissible evidence left to convict Angelito,” the court said in the decision penned by Associate Justice Mario Lopez, Jr.
The court also ruled that warrantless search cannot be justified as a “stop-and-frisk” search as there must be two or more reasonable suspicious circumstances to justify a stop-and-frisk.
The court also ruled that warrantless search cannot be justified as a “stop-and-frisk” search as there must be two or more reasonable suspicious circumstances to justify a stop-and-frisk.
“Unlike in a valid stop-and-frisk case where the accused acted suspiciously even before the authorities approached, Angelito’s supposed suspicious deeds merely resulted from the actions of the police officers,” the court said.
“Unlike in a valid stop-and-frisk case where the accused acted suspiciously even before the authorities approached, Angelito’s supposed suspicious deeds merely resulted from the actions of the police officers,” the court said.
ADVERTISEMENT
ADVERTISEMENT
