Comerciante v People

Arrest by officer without warrant | G.R. No. 205926

July 22, 2015 | Perlas-Bernabe | Sol

Doctrine Pool Facts:

A NARCOTICS group agent and a police officer were

patrolling on their motorcycle running at 30kph when
they noticed Alvin Comerciante allegedly exchanging
sachets of white powder with another person. They
arrested him and confiscated what turned out to be
shabu.

Doctrine:

The Court held that the alleged confiscated drugs were

inadmissible as evidence due to how they were
obtained. There was no search incident to a valid
warrantless arrest or “stop and frisk” search because
there was no showing of probable cause for a
warrantless arrest or search..

The officers were traveling too fast to notice if there

was really a drug transaction going on. The act of
handing something to another person is also not a
crime or activity so suspicious as to justify a search or
arrest.

FACTS:
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ISSUES:
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RULING: