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Ravelo Evaristo Digested

Peace officers heard gunfire coming from a house and entered with the homeowner's permission. While investigating, they accidentally discovered firearms in the possession of the appellant. The appellant was found guilty of illegal possession of firearms and argued the evidence was inadmissible as it was seized without a warrant. The court held the warrantless seizure of firearms was valid and lawful as it was incidental to a lawful arrest, since an offense was committed in the presence of the officers.

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Venn Bacus Rabadon
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84 views1 page

Ravelo Evaristo Digested

Peace officers heard gunfire coming from a house and entered with the homeowner's permission. While investigating, they accidentally discovered firearms in the possession of the appellant. The appellant was found guilty of illegal possession of firearms and argued the evidence was inadmissible as it was seized without a warrant. The court held the warrantless seizure of firearms was valid and lawful as it was incidental to a lawful arrest, since an offense was committed in the presence of the officers.

Uploaded by

Venn Bacus Rabadon
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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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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