Warrantless search

Dear Atty. Angela,

I was driving a motorcycle when I mistakenly entered a one-way street and upon seeing the police flagging me, I made a U-turn instead. The police officers followed me and upon being apprehended, they drew the gun hidden in my backpack. Unfortunately, this gun is not registered and licensed. Was the warrantless search conducted on me legal and can this be a violation on illegal possession of firearms?

Terry

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Dear Terry,

In the case of Ridon v. People, G.R. 252396 (2023), the Supreme Court ruled that the warrantless search was invalid.

Searches and seizures without a warrant may be allowed if they are part of a lawful arrest under Rule 126, Section 13 of the Rules of Court. However, a lawful arrest must first be conducted before a warrantless search and seizure can be done.

In this case, the police officers’ basis for pursuing you was your violation of traffic rules for entering a one-way street. A traffic violation, however, does not call for an arrest but merely the confiscation of the driver’s license. Hence, regardless of your guilt in entering the one-way street, you were not under arrest when the police officers pursued you.

As there was no valid arrest, the warrantless search done was also not valid. Considering that the search and seizure done was illegal, the firearm seized is deemed inadmissible in court. With no other admissible evidence left, there is nothing left to convict you of illegal possession of firearms.

Atty. Angela Antonio