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EVIDENCE

PEOPLE vs. AMINUDIN


163 SCRA 402

FACTS: 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.

ISSUE: Is the marijuana found in the accused bag admissible evidence?

HELD: 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.