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Gracer Erick D.

LIB - 1E

198 SCRA 401
G.R. No. 91107,June 19, 1991
Mikael Malmstedt, a Swedish national, was found, via a routine NARCOM inspection
at Kilometer 14, Acop, Tublay Mountain Province, carrying Hashish, derivative of
Marijuana. RTC La Trinidad found him guilty for violation of the Dangerous Drugs Act.
The accused filed a petition to the Supreme Court for the reversal of the decision
arguing that the search and the arrest made was illegal because there was no
search warrant.
Whether or not the decision of the trial court should be reversed (or affirmed)
because the accused argues that the search and arrest was made without a
NARCOM operation was conducted with a probable cause for a warrantless search
upon information that prohibited drugs are in the possession of the accused and he
failed to immediately present his passport.
A warrantless arrest may be lawfully made:
(a) when, in his presence, the person to be arrested has committed is actually
committing, or is attempting to commit an offense;
(b) When an offense has in fact just been committed, and he has personal
knowledge of facts indicating that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.

163 SCRA 402

The police agents in Iloilo City received a tip from a reliable informer that the
accused, Aminnudin, was on a vessel bound for Iloilo and is carrying with him
marijuana. The said vessel was to arrive few days after such tip. On the day of the
arrival, the agents then waited at the port for the vessel. Upon arrival of the vessel
and when the suspect disembarked, they immediately frisked him and searched his
bag which contained the marijuana. Subsequently, the Aminnudin was arrested.
During the trial, the accused that alleged that he was arbitrarily arrested and
immediately handcuffed and that his bag was confiscated without a search warrant.
Is the marijuana found in the accused bag admissible evidence?
No. The police agents had enough time to secure a warrant to arrest and search the
accused but did not do so. In addition to this, the arrest did not fall into any of the
exceptions of a valid warrantless arrest because the accused-appellant was not, at
the moment of his arrest, committing a crime nor was it shown that he was about to
do so or that he had just done so.