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People vs. Evaristo, GR No.

93828 Posted by Pius Morados on November 11, 2011 (Constitutional Law Lawful Arrest, Warrantless Search, Seizure, Inadmissible Evidence) Facts: Peace officers while patrol, heard burst of gunfire and proceeded to investigate in the house of appellant where they were given permission to enter accidentally discovering the firearms in the latters possession. Accused-appellant found guilty of illegal possession of firearms contends that the seizure of the evidence is inadmissible because it was not authorized by a valid warrant. Issue: Whether or not the evidence obtained without warrant in an accidental discovery of the evidence is admissible. Held: Yes, the firearms seized was valid and lawful for being incidental to a lawful arrest. An offense was committed in the presence or within the view of an officer, within the meaning of the rule authorizing an arrest without a warrant.

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