978

People v. Canton
G.R. No. 148825
December 27, 2002
FACTS:
Herein appellant Susan Canton was charged for violation of Dangerous Drugs Act
of 1972. She was caught in possession of metamphetamine hydrochloride (shabu) without
prescription or license when she was bound to travel to Vietnam. Prior to her flight, she passed
through the metal detector and it beeped, alerting a civilian inspector of the airport who then
searched her. Upon frisking, she felt something that is bulging in the abdomen of Susan. They
were able to recover packets that were wrapped with packing tape, feeling inside that it has
crystalline granules. Canton then was asked to go to the washroom with an inspector who made a
more thorough search upon her. When the wrapped packages were obtained and submitted for
examination, it was tested positive for shabu, thus Canton was convicted.
ISSUE:
1. Whether or not the warrantless search and seizure and the arrest of Canton were violative
of her constitutional rights.
HELD:
1. No.
The Court upheld the validity of the search and seizure, as well as the arrest of Canton. The
warrantless search was justified since what happened was a stop and frisk search. This is a case
where a police officer approaches a person who is acting suspiciously, for purposes of
investigating possibly criminal behavior in line with the general interest of effective crime
prevention and self-preservation. The search was made pursuant to routine airport security
procedure, which is allowed under RA 6235, stating that:
Holder hereof and his hand-carried luggage(s) are subject to search for , and seizure of,
prohibited materials or substances
Other than that the Court pointed out that after the metal detector alarmed Canton
actually consented to be frisked, which resulted in the discovery of packages on her
body. Persons may lose the protection of the search and seizure clause by exposure of their
persons or property to the public in a manner reflecting a lack of subjective expectation of
privacy, which expectation society is prepared to recognize as reasonable.

Prepared by: Jo-Anne D. Coloquio