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    People V Johnson

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    Brod Lenaming
    Leila Johnson was frisked at the airport and security felt a hard object in her abdominal area. She claimed it was a girdle but was further inspected and found to have three packs of shabu weighing over 580 grams. She was convicted of drug possession but appealed, arguing the search and seizure was invalid and she was not informed of her rights. The court affirmed the conviction, finding airport security screenings reduce expectations of privacy and the search was valid given security interests in detecting drugs and weapons. While her personal effects were improperly seized, the shabu was properly obtained and admissible.

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    People V Johnson

    Uploaded by

    Brod Lenaming
    55 views1 page
    Leila Johnson was frisked at the airport and security felt a hard object in her abdominal area. She claimed it was a girdle but was further inspected and found to have three packs of shabu weighing over 580 grams. She was convicted of drug possession but appealed, arguing the search and seizure was invalid and she was not informed of her rights. The court affirmed the conviction, finding airport security screenings reduce expectations of privacy and the search was valid given security interests in detecting drugs and weapons. While her personal effects were improperly seized, the shabu was properly obtained and admissible.

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    Leila Johnson was frisked at the airport and security felt a hard object in her abdominal area. She claimed it was a girdle but was further inspected and found to have three packs of shabu weighing over 580 grams. She was convicted of drug possession but appealed, arguing the search and seizure was invalid and she was not informed of her rights. The court affirmed the conviction, finding airport security screenings reduce expectations of privacy and the search was valid given security interests in detecting drugs and weapons. While her personal effects were improperly seized, the shabu was properly obtained and admissible.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    55 views1 page

    People V Johnson

    Uploaded by

    Brod Lenaming
    Leila Johnson was frisked at the airport and security felt a hard object in her abdominal area. She claimed it was a girdle but was further inspected and found to have three packs of shabu weighing over 580 grams. She was convicted of drug possession but appealed, arguing the search and seizure was invalid and she was not informed of her rights. The court affirmed the conviction, finding airport security screenings reduce expectations of privacy and the search was valid given security interests in detecting drugs and weapons. While her personal effects were improperly seized, the shabu was properly obtained and admissible.

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    PEOPLE v JOHNSON

    G.R. No. 138881| December 18, 2000 | Mendoza | Appeal from RTC| Airport Searches
    PLAINTIFF--APPELLEE: People of the Philippines
    ACCUSED--APPELLANT: Leila Johnson y Reyes
    SUMMARY: Leila Johnson was frisked at the gate at the NAIA departure area. The lady frisker, Olivia Ramirez, felt
    something hard on Leila’s abdominal area, which Leila claimed to be a special girdle. Disbelieving this, Olivia
    reported this to her superior, SPO4 Reynaldo Embile, who instructed her to inspect her further. Leila was then
    directed to remove the object. She had three plastic packs of shabu, weighing over 580 grams total. Her passport,
    ticket, luggage, and other personal effects were seized and pictures were taken of her. She was convicted in the RTC
    for violating Sec. 16 of RA 6425
    DOCTRINE: Passengers attempting to board an aircraft routinely pass through metal detectors; their carry--on
    baggage as well as checked luggage are routinely subjected to x--ray scans. Should these procedures suggest the
    presence of suspicious objects, physical searches are conducted to determine what the objects are. There is little
    question that such searches are reasonable, given their minimal intrusiveness, the gravity of the safety
    interests involved, and the reduced privacy expectations associated with airline travel. Indeed, travelers are
    often notified through airport public address systems, signs, and notices in their airline tickets that they are subject
    to search and, if any prohibited materials or substances are found, such would be subject to seizure. These
    announcements place passengers on notice that ordinary constitutional protections against warrantless
    searches and seizures do not apply to routine airport procedures.

    FACTS: ISSUES: Whether or not the search and seizure was


    1. Leila Johnson, 58, a widow, a former Filipino valid.
    citizen, now a naturalized American, was visiting
    her son in Calamba, Laguna. She was set to fly back HELD/RATIO: YES.
    home to the US. 1. This is a warrantless arrest in flagrante delicto,
    2. Olivia Ramirez, the lady frisker on duty when Leila pursuant to a valid search made on her person. Her
    went to NAIA, felt something hard on Leila’s rights were not violated since she wasn’t placed in
    abdominal area. Leila said it was two panty girdles custodial investigation.
    she had to wear due to an ectopic pregnancy. 2. Persons may lose the protection of the search and
    3. Olivia didn’t buy it. She toldSPO4 Embile: Sir, hindi seizure clause by exposure of their persons or
    po ako naniniwalang panty lang po iyon. property to the public in a manner reflecting a
    4. Embile told her to investigate, so Olivia, with SPO1 lack of subjective expectation of privacy, which
    Rizalina Bernal, took Leila to a women’s room. society is prepared to recognize as reasonable.
    Asking again what it was and receiving the same Such recognition is implicit in airport security
    answer, Olivia told her to remove the object, which procedures, with increasing concerns over
    turned out to be shabu. hijacking & terrorism requiring increased security.
    5. Embile took Leila to the 1st Regional Aviation and 3. The shabu was acquired legitimately pursuant to
    Security Office (1st RASO) where Leila’s passport airport security procedures.
    and ticket were taken and her luggage opened. 4. The packs of shabu having thus been obtained
    Pictures were taken. through a valid warrantless search, are admissible
    6. LEILA’S VERSION: She was waiting in line at the in evidence. Her subsequent warrantless arrest,
    boarding gate when she was approached by Embile was justified since it was effected upon the
    and two female officers, handcuffed, and taken to discovery and recovery of shabu in her person in
    the women’s room, where she was asked to flagrante delicto.
    undress and subjected to a body search. Nothing 5. However, the other personal effects and pictures
    was found on her. She was transferred to the taken from and of her are inadmissible and should
    custody of Col. Castillo who presented her with two not have been confiscated/taken, since they are
    white packages and told her to admit the packages unrelated to the offense. Her belongings should be
    were hers and affix her signature thereon. She returned to her.
    claims she was detained for two days and was not
    allowed to speak to counsel or family. WHEREFORE, RTC Pasay decision is affirmed.
    7. RTC Pasay convicted her for possession. Leila
    appealed, claiming the shabu should be SO ORDERED.
    inadmissible since she was forced to sign the bags
    and not informed of her rights.

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