The Supreme Court has ruled that a warrantless search and seizure is not justified solely by a simple violation of ordinances or regulations, especially when the penalty does not involve imprisonment.
In a decision written by Associate Justice Mario V. Lopez dated 6 December 2023, the Supreme Court’s Second Division acquitted Angelito Ridon of illegal possession of a firearm.
The court found that the firearm seized from Ridon was inadmissible as it was the result of an illegal search and seizure.
Ridon was driving a motorcycle when police officers ordered him to stop because he was turning onto a one-way street. Instead of stopping, Ridon made a U-turn.
The two police officers, Police Officer III Sherwin Clete Limbauan (PO3 Limbauan) and PO3 Harley Manguin Abuan, along with a Bantay Bayan, pursued and cornered Ridon.
When Ridon fell off his motorcycle, he reached for something at his side, causing the Bantay Bayan to apprehend him while the police officers drew their firearms and aimed at Ridon.
He was frisked by PO3 Limbauan and recovered a revolver without a serial number. The police officers then arrested Ridon.