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    66 Posadas Vs CA PDF

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    KJPL_1987
    The Supreme Court case Romeo Posadas vs Court of Appeals addresses the legality of a warrantless arrest. Two police officers conducting surveillance spotted Posadas carrying a bag suspiciously. When they approached, Posadas attempted to flee. The officers detained him and found a revolver, ammunition, and grenade in his bag. Posadas argued the evidence was inadmissible due to the lack of an arrest warrant. However, the Court ruled the arrest was valid because the officers had probable cause based on Posadas' suspicious behavior and attempt to flee. It would be unreasonable to require the officers get a warrant before inspecting the bag, as that could allow evidence to be destroyed. The Court upheld the lower courts' rulings.

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    66 Posadas Vs CA PDF

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    The Supreme Court case Romeo Posadas vs Court of Appeals addresses the legality of a warrantless arrest. Two police officers conducting surveillance spotted Posadas carrying a bag suspiciously. When they approached, Posadas attempted to flee. The officers detained him and found a revolver, ammunition, and grenade in his bag. Posadas argued the evidence was inadmissible due to the lack of an arrest warrant. However, the Court ruled the arrest was valid because the officers had probable cause based on Posadas' suspicious behavior and attempt to flee. It would be unreasonable to require the officers get a warrant before inspecting the bag, as that could allow evidence to be destroyed. The Court upheld the lower courts' rulings.

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    The Supreme Court case Romeo Posadas vs Court of Appeals addresses the legality of a warrantless arrest. Two police officers conducting surveillance spotted Posadas carrying a bag suspiciously. When they approached, Posadas attempted to flee. The officers detained him and found a revolver, ammunition, and grenade in his bag. Posadas argued the evidence was inadmissible due to the lack of an arrest warrant. However, the Court ruled the arrest was valid because the officers had probable cause based on Posadas' suspicious behavior and attempt to flee. It would be unreasonable to require the officers get a warrant before inspecting the bag, as that could allow evidence to be destroyed. The Court upheld the lower courts' rulings.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    953 views2 pages

    66 Posadas Vs CA PDF

    Uploaded by

    KJPL_1987
    The Supreme Court case Romeo Posadas vs Court of Appeals addresses the legality of a warrantless arrest. Two police officers conducting surveillance spotted Posadas carrying a bag suspiciously. When they approached, Posadas attempted to flee. The officers detained him and found a revolver, ammunition, and grenade in his bag. Posadas argued the evidence was inadmissible due to the lack of an arrest warrant. However, the Court ruled the arrest was valid because the officers had probable cause based on Posadas' suspicious behavior and attempt to flee. It would be unreasonable to require the officers get a warrant before inspecting the bag, as that could allow evidence to be destroyed. The Court upheld the lower courts' rulings.

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    © All Rights Reserved
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    of 2

    Case Title Romeo Posadas vs Court of Appeals

    G.R. no. 89139


    Main Topic Warrantless Arrest
    Other Related Topic
    Date: August 2, 1990

    DOCTRINES
     Between the inherent right of the state to protect its existence and promote public welfare
    and an individual's right against a warrantless search which is however reasonably
    conducted, the former should prevail.
     It is too much indeed to requirthe police officers to search the bag in the possession of the
    petitioner only after they shall have obtained a search warrant for the purpose. Such an
    exercise may prove to be useless, futile and much too late.
    FACTS:
     Pat. Ursicio Ungab and Pat. Umbra Umpar, both members of the Integrated National Police
    (INP) of the Davao Metrodiscom assigned with the Intelligence Task Force, were conducting
    a surveillance along Magallanes Street, Davao City. While they were within the premises of
    the Rizal Memorial Colleges they spotted petitioner carrying a "buri" bag and they noticed
    him to be acting suspiciously.
     They approached the petitioner and identified themselves as members of the INP. Petitioner
    attempted to flee but his attempt to get away was thwarted by the two notwithstanding his
    resistance.
     They then checked the "buri" bag of the petitioner where they found one (1) caliber .38 Smith
    & Wesson revolver with Serial No. 770196, two (2) rounds of live ammunition for a .38
    caliber gun 2 a smoke (tear gas) grenade, and two (2) live ammunitions for a .22 caliber
    gun. They brought the petitioner to the police station for further investigation. In the course of
    the same, the petitioner was asked to show the necessary license or authority to possess
    firearms and ammunitions found in his possession but he failed to do so. He then was
    charged with Illegal Possession of Firearms in Davao RTC.
     He then assailed the validity of his seizure, that the evidences they used against him is
    inadmissible due to the lack of warrant of arrest.

    ISSUE:
    Whether it is a valid warrantless arrest
    HELD:
     It is a valid warrantless arrest:
     At the time the peace officers in this case identified themselves and apprehended the
    petitioner as he attempted to flee they did not know that he had committed, or was actually
    committing the offense of illegal possession of firearms and ammunitions. They just
    suspected that he was hiding something in the buri bag. They did now know what its
    contents were. The said circumstances did not justify an arrest without a warrant.
    The probable cause is that when the petitioner acted suspiciously and attempted to flee with the buri
    bag there was a probable cause that he was concealing something illegal in the bag and it was the
    right and duty of the police officers to inspect the same.

    It is too much indeed to require the police officers to search the bag in the possession of the
    petitioner only after they shall have obtained a search warrant for the purpose. Such an exercise
    may prove to be useless, futile and much too late.

     Under several jurisprudence, there are cases in which a police officer may stop an individual
    and investigate possible criminal behavior, even if there is no probable cause, by mere
    suspicion, in appropriate cases and circumstances.
     Supreme Court sustained the decision of RTC and CA.

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