Homar v. People

Summary

Ongcoma Hadji Homar was charged with illegal possession of shabu under RA 9165 after police allegedly found drugs during a search following his jaywalking violation. The RTC and CA convicted him, ruling the warrantless arrest and search were valid. However, the Supreme Court reversed, finding that the prosecution failed to prove a lawful warrantless arrest preceded the search. The Court determined that officers merely accosted petitioner for jaywalking without intent to arrest, making the subsequent search unlawful. The shabu evidence was ruled inadmissible, leading to petitioner's acquittal. The case establishes that intent to arrest is crucial for valid warrantless arrests and that waiver of illegal arrest does not cure inadmissibility of illegally seized evidence.