Professional Documents
Culture Documents
138) Homar v. People, GR 182534, 2 Sept 2015
138) Homar v. People, GR 182534, 2 Sept 2015
HELD:
- Prosecution failed to prove that Homar was committing a crime related to the evidence
obtained from the warrantless search and seizure. The law requires that there be first a
lawful arrest before a search can be made — the process cannot be reversed.
- S5 R113 provides the only occasions when a person may be lawfully arrested without
warrant. In this case, Tan alleged that Homar’s arrest was due to his commission of
jaywalking in flagrante delicto