Petitioner
People
Respondent
Mentoy
Citation
G.R. No. 223140
Court
Supreme Court
Division
First Division
Ponente
BERSAMIN
Decided
September 4, 2019

Summary

The Supreme Court reversed the conviction of Rosemarie Gardon-Mentoy for illegal transportation of dangerous drugs, ruling that her warrantless arrest and the search of her personal effects violated constitutional protections against unreasonable search and seizure. Police officers had set up a checkpoint based on an unverified informant's tip, identified the accused-appellant as 'Rose,' and searched her bag without sufficient probable cause. The Court emphasized that a lawful arrest must precede a warrantless search, not vice versa, and that the officers lacked personal knowledge of any crime being committed. Finding the search unreasonable and the arrest invalid, the Court applied the exclusionary rule to declare the seized marijuana inadmissible as evidence. This landmark decision reinforces constitutional protections and the requirement for probable cause in warrantless searches, resulting in the accused-appellant's acquittal and immediate release order.

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By the Intellegal Editorial Board · September 4, 2019

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