The People of the Philippines vs Mikael Malmstedt

“The Swedish National with Hashish Case”

Facts:

Mikael Malmstedt, a Swedish national, was found, via a routine

NARCOM inspection at Kilometer 14, Acop, Tublay Mountain Province,
carrying Hashish, a 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.

Issue:

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 warrant

Held:

The RTC decision is affirmed.

Ratio:

The constitution states that a peace officer or a private person may

arrest a person without a warrant when in his presence the person to be
arrested has committed, is actually committing, or is attempting to commit
an offense. The offense was recognized with the warrantless search
conducted by NARCOM prompted by probable cause: (1) the receipt of
information by NARCOM that a Caucasian coming from Sagada had
prohibited drugs in his possession and (2) failure of the accused to
immediately present his passport.