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  • Item No. 275 - People vs. Nuevas - 516 SCRA (2007)

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    Kathleen Kindipan
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    The Supreme Court ruled that a search incidental to arrest must follow the arrest, not precede it, unless police have probable cause to make the arrest at the outset of the search. In this case, the searches of plastic bags did not follow a lawful arrest, as the police officers did not have personal knowledge that a crime had been committed and the accused were not committing a crime in the officers' presence. Reliable information alone is not sufficient to justify a warrantless arrest or search.

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    Item No. 275_People vs. Nuevas_516 SCRA (2007)

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    The Supreme Court ruled that a search incidental to arrest must follow the arrest, not precede it, unless police have probable cause to make the arrest at the outset of the search. In this case, the searches of plastic bags did not follow a lawful arrest, as the police officers did not have personal knowledge that a crime had been committed and the accused were not committing a crime in the officers' presence. Reliable information alone is not sufficient to justify a warrantless arrest or search.

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    © All Rights Reserved
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    50 views1 page

    Item No. 275 - People vs. Nuevas - 516 SCRA (2007)

    Uploaded by

    Kathleen Kindipan
    The Supreme Court ruled that a search incidental to arrest must follow the arrest, not precede it, unless police have probable cause to make the arrest at the outset of the search. In this case, the searches of plastic bags did not follow a lawful arrest, as the police officers did not have personal knowledge that a crime had been committed and the accused were not committing a crime in the officers' presence. Reliable information alone is not sufficient to justify a warrantless arrest or search.

    Copyright:

    © All Rights Reserved
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    of 1

    People vs.

    Nuevas, 516 SCRA (2007)

    (Search and seizure; prohibited drugs)

    A search incidental to a lawful arrest is sanctioned by the Rules of Court. Recent jurisprudence
    holds that the arrest must precede the search; the process cannot be reversed as in this case where
    the search preceded the arrest. Nevertheless, a search substantially contemporaneous with an
    arrest can precede the arrest if the police have probable cause to make the arrest at the outset of
    the search. 

    In this case, the accused were not committing a crime in the presence of the police officers.
    Moreover, the police officers did not have personal knowledge of the facts indicating that the
    persons to be arrested had committed an offense. The searches conducted on the plastic bag then
    cannot be said to be merely incidental to a lawful arrest. Reliable information alone is not
    sufficient to justify a warrantless arrest. The rule requires, in addition, that the accused perform
    some overt act that would indicate that he "has committed, is actually committing, or is
    attempting to commit an offense."

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