Warrantless Searches:

1. People vs Chua Ho San

Warrantless arrest is invalid

Product is due to invalid arrest
There must be a lawful arrest preceding the seizure
Search must be preceded by an arrest

2. People vs Makalaba GR 146284-86 January 20, 2008

Violation of drugs and carnap car,

SC: Warrantless arrest It is a valid warrantless arrest. acted based on tip
information
Valid warrantless search under the plain view doctrine
SC four requisites
a.
b. evidence was evidently

3. People vs Elamparo GR 121572 March 31, 2000

Selling of shabu and marijuana in Caloocan City

SC: valid arrest valid warrantless arrest under plain view doctrine
Basis: valid prior intrusion in to a place
Buy-bust no warrant of arrest
Warrantless arrest inflagrante delicto

4. People vs Escao 129756-58 January 28, 2000

Checkpoint
Long firearm and caliber 45
SC: checkpoints are legal
Not all checkpoints are illegal
Least intrusive to motorists are allowed
In pursuit of a gun ban
Checkpoints allowed warrantless search
Legal basis: waiver; validly expressed
No need for checkpoints to be announced impractical, forewarn to those
who have intent to violate the law
5. People vs Johnson GR138881 December 18, 2000

Routinary inspection at the airport

Issue: is the search valid without the search warrant
SC: Yes, Airport Security Procedures
 Airports least expectations of privacy than in any other places
Airplane hijacking and terrorism
All items ceased are admissible against

6. People vs Mendoza GR 109279-80 Jan 18, 1999

Parricide
Can the gun be used against the accused without the search warrant?
Are the AR and the MR be admissible against the accused? YES
SC: Yes discovered by the father in law a private citizen
Discovered by a private citizen search warrant is dispensable

7. Papa vs Mago GR L-27360 Feb 28, 1968

Custom search (smuggled goods to avoid tax of imported items)

Rule: customs exclusive jurisdiction from the moment the goods are in its
possession
Exception in a search with a warrant custom search
Basis of seizure: tip information (under declared value of goods to evade
taxes)
Custom officials have the authority to deputize law enforcement officers
There is a valid seizure of contrabands
Exception: the search is done in the dwelling house
Warehouse no search warrant; not qualified as a dwelling house
Another reason: mobility total evasion of the law

8. People vs Suzuki GR 67060 Oct 23, 2003

Search conducted while undergoing airport routine inspection

Drug trafficking (marijuana)
SC: valid warrantless arrest; citing the case of People vs Johnson
Suspicions can make extensive search without the search warrant
Waiver
Language issue before the translation, appellant was able to answer the
questions; improbable not to understand English since he traveled to and fro
the country for several times
Plain view doctrine

9. Salvador vs People GR 146706 July 15, 2005

Custom search
Smuggled goods
Issue: search over the person is validly affected without the search warrant
SC: custom search is a form of valid warrantless arrest; citing Papa vs Mago
Mobility
Unreasonable Search and Seizure (1 exam)
Next Meeting: Rights of the Accused