Petitioner
Velasco
Respondent
People
Citation
G.R. No. 240629
Court
Supreme Court
Division
First Division
Decided
October 3, 2018

Summary

Edward Velasco was convicted of illegal possession of dangerous drugs after being found with 1.03 grams of marijuana during a warrantless arrest. The arrest occurred when Barangay Kagawad Bolocon responded to a complaint from Velasco's mother that he was threatening to kill her and her husband. Upon arrival, Bolocon found Velasco wielding scissors and making death threats. The Court of Appeals upheld the conviction, finding the warrantless arrest valid under the in flagrante delicto rule and the subsequent search constitutional. The Supreme Court affirmed this decision, rejecting Velasco's arguments about invalid search and seizure and procedural noncompliance. The case establishes that threatening behavior constituting attempted crime justifies warrantless arrest, and valid arrests permit subsequent warrantless searches, even with minor procedural irregularities in evidence handling.

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By the Intellegal Editorial Board · October 3, 2018

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