Tamer v. People

Summary

The Supreme Court acquitted Elmer Sindac of illegal possession of dangerous drugs, reversing lower court convictions. While Sindac was arrested for possessing 0.04 gram of shabu after police observed him allegedly receiving it from another person, the Court found the warrantless arrest unlawful. The arresting officers were 5-10 meters away and could not reasonably determine criminal activity was occurring, failing to meet requirements under Section 5, Rule 113 for valid warrantless arrests. Since the arrest was illegal, the subsequent search was also invalid, making the seized shabu inadmissible evidence under the constitutional exclusionary rule. The case establishes that reliable information from surveillance alone is insufficient for warrantless arrest without personal knowledge requirements, and that waiver of illegal arrest objections does not cure inadmissibility of illegally seized evidence.