Application of evidence in plain view doctrine

The police applied to the court for a warrant to search the home of the accused and seize a 9mm-caliber pistol he possessed without a license. After the court granted the application, the police implemented the search at the accused’s residence.

The police did not find the 9mm-caliber pistol in the course of the search. What they found, when they asked the accused to open a cabinet in the kitchen, was a .45-caliber pistol and ammunition for it, an M14 rifle, and a 9mm pistol, which they accordingly seized because the accused did not have a license to possess them.

In court, the accused questioned the seizure of the firearm and ammunition. He argued that they were not the subject of the search, which involved a 9mm pistol. Neither could the confiscated items be considered evidence in plain view because he was made to open the kitchen cabinet where they were stored.

The court nonetheless convicted him, applying the plain view doctrine. The Court of Appeals, on appeal, sustained the conviction but on a different ground — evidence obtained through a consented search.

When the matter was brought before the Supreme Court, it had this discussion:

“Similarly, the Court rules that the confiscated ‘45mm-caliber Colt 1911 pistol with serial number 421003, three magazines, 23 live ammunition, one inside holster, and one live ammunition for an M14 rifle’ found inside the cabinet are admissible in evidence.    

“Contrary to the CA’s theory, the plain view doctrine justifies the seizure of items not listed in the search warrant. The doctrine applies when: (a) the law enforcement officers in search of the evidence have a prior justification for an intrusion or are in a position from which they can view a particular area; (b) the discovery of evidence in plain view is inadvertent; and (c) it is immediately apparent to the officers that the item they observed may be evidence of a crime, contraband, or otherwise subject to seizure.

“Here all the requirements are present. First, the police officers entered the house of petitioner pursuant to a lawful search warrant. The authorities indisputably had prior justification to search and seize evidence related to a specific crime.

“Second, the law enforcers inadvertently uncovered the other firearm and ammunition in the course of the implementation of the search warrant. The discovery of other contraband was unintentional and unexpected notwithstanding the meticulous search of the premises.

“Indeed, the operatives asked petitioner to open the small cabinet in the kitchen to carry out the search warrant and not to gather additional evidence against him. Senior Associate Justice Marvic M.V.F. Leonen accurately expounded that it is imperative for law enforcement to conduct a comprehensive search of the premises to guarantee the confiscation and removal of any illicit products.

“The existence of the search warrant ensures that there is probable cause of illegal activity even before the search is conducted. This prevents arbitrary invasions of privacy and confers the ability to look for and confiscate evidence pertinent to the investigation. Law enforcement should be granted a degree of discretion to effectively execute the warrant. The authorities should not be expected to turn a blind eye if evidence of a crime beyond the scope of the warrant surfaces during the search. The police should confiscate such evidence under the plain view doctrine.

“In this case, the law enforcers were merely fulfilling their duty when they searched the cabinet within the premises. To abandon the contraband because it was not exactly described in the search warrant would pose a great risk to public safety.”

The quoted portion of the decision is from SC GR 236548 (4 March 2025).