This case has been cited 2 times or more.
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2015-09-02 |
BRION, J. |
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| To determine the admissibility of the seized drugs in evidence, it is indispensable to ascertain whether or not the search which yielded the alleged contraband was lawful.[21] There must be a valid warrantless search and seizure pursuant to an equally valid warrantless arrest, which must precede the search. For this purpose, the law requires that there be first a lawful arrest before a search can be made — the process cannot be reversed.[22] | |||||
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2012-08-15 |
MENDOZA, J. |
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| This exclusionary rule is not, however, an absolute and rigid proscription. One of the recognized exception established by jurisprudence is search incident to a lawful arrest.[15] In this exception, the law requires that a lawful arrest must precede the search of a person and his belongings. As a rule, an arrest is considered legitimate if effected with a valid warrant of arrest. Section 5, Rule 113 of the Rules of Criminal Procedure, however, recognizes permissible warrantless arrests: "Sec. 5. Arrest without warrant; when lawful. -- A peace officer or a private person may, without a warrant, arrest a person: | |||||