PEOPLE v MALMSTEDT

196 SCRA 401

FACTS: Mikael Malmstedt, a Swedish national, was charged before the RTC for
violation of Sec.4, Art.II of RA 6425 (the Dangerous Drugs Act of 1972). He was
riding a bus from Sagada which was stopped at a checkpoint on Kilometer 14, Acop,
Tublay, Mountain Province. Said checkpoint was prompted by reports that vehicles
from Sagada were transporting Marijuana and other prohibited drugs. Moreover,
commanding officer of NARCOM was tipped that morning that a Caucasian coming
from Sagada had prohibited drugs in his possession. During the inspection in the
bus, the officers found hashish, a derivative of marijuana, in his pouch bag and
suspicious teddy bears inside his travelling bags. He was brought for questioning to
the headquarters of the NARCOM where the teddy bears were opened and more
hashish were found inside.
ISSUE: whether or not the search of his personal effects was illegal because it was
made without a search warrant
HELD: The Constitution guarantees the right of the people to be secure in their
persons, houses, papers and effects against unreasonable searches and seizures.
However, where the search is made pursuant to a lawful arrest, there is no need to
obtain a search warrant, provided, it is under the following circumstances: (a) when
in his presence, the person to be arrested has committed, is actually committing, or
is attempting to commit an offense; (b) when an offense has in fact just been
committed and he has personal knowledge of facts indicating that the person to be
arrested has committed it; (c) when the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is serving final judgment or
temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another. The case at bar falls under the first
circumstance, which allows a warrantless search incident to a lawful arrest, since he
was searched and arrested while transporting prohibited drugs. Under the
circumstances, there was sufficient probable cause for said officers to believe that
accused was then and there committing a crime. The receipt of information by
NARCOM that a Caucasian coming from Sagada had prohibited drugs in his
possession, plus the suspicious failure of the accused to produce his passport, taken
together as a whole, led the NARCOM officers to reasonably believe that the
accused was trying to hide something illegal from the authorities. From these
circumstances arose a probable cause which justified the warrantless search that
was made on the personal effects of the accused. Conviction by the trial court is
affirmed.