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    11 - US v. de Los Reyes

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    Chou Takahiro
    The revenue officials searched de los Reyes' house without a warrant after he refused them entry. They found morphine Esguerra threw from a window. The trial court convicted both, inferring de los Reyes' refusal showed he knew contraband was inside. The Supreme Court held de los Reyes' refusal cannot be used against him, as officials cannot search without consent or a warrant. Refusing an invalid search cannot prove guilt or knowledge of contraband inside. The conviction was reversed.

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    11 - US v. de Los Reyes

    Uploaded by

    Chou Takahiro
    414 views1 page
    The revenue officials searched de los Reyes' house without a warrant after he refused them entry. They found morphine Esguerra threw from a window. The trial court convicted both, inferring de los Reyes' refusal showed he knew contraband was inside. The Supreme Court held de los Reyes' refusal cannot be used against him, as officials cannot search without consent or a warrant. Refusing an invalid search cannot prove guilt or knowledge of contraband inside. The conviction was reversed.

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    Criminal Law 2

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    The revenue officials searched de los Reyes' house without a warrant after he refused them entry. They found morphine Esguerra threw from a window. The trial court convicted both, inferring de los Reyes' refusal showed he knew contraband was inside. The Supreme Court held de los Reyes' refusal cannot be used against him, as officials cannot search without consent or a warrant. Refusing an invalid search cannot prove guilt or knowledge of contraband inside. The conviction was reversed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    414 views1 page

    11 - US v. de Los Reyes

    Uploaded by

    Chou Takahiro
    The revenue officials searched de los Reyes' house without a warrant after he refused them entry. They found morphine Esguerra threw from a window. The trial court convicted both, inferring de los Reyes' refusal showed he knew contraband was inside. The Supreme Court held de los Reyes' refusal cannot be used against him, as officials cannot search without consent or a warrant. Refusing an invalid search cannot prove guilt or knowledge of contraband inside. The conviction was reversed.

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    United States v.

    de los Reyes
    20 Phil 467
    Moreland, J.

    Facts:
    On November 5, during the visit of Appellant Gabriela Esguerra to Valeriano de los Reyes and his
    wife in Manila, revenue officials arrived at the house of Accused de los Reyes to search for opium.
    The accused refused to permit the officials to the house on the ground that they were not authorized
    to search his premises, there being no search warrant in their possession. After a few moment’s
    conversation, and with the assertion that they were officers of the law, while not consenting, he
    offerred no physical resistance to a their entry, the search began. While some of the officers were
    inside the house prosecuting the search, others were outside, making sure that no kne leaves the
    house. One of the officers outside saw Esguerra throw a package from the window of the kitchen
    into the grass behind the house, which turned out to be containing a considerable quantity of
    morphine.

    Despite no evidence to show that de los Reyes had knowledge that Esguerra had possession of the
    drug, the trial court convicted de los Reyes and Esguerra. The court admitted that the only evidence
    relative to de los Reyes’ knowledge that the contraband was in his house was derived from his
    refusal to permit the officials to search his house, inferring that de los Reyes knew that the
    contraband was in his house resulting to his refusal to the search.

    Issue:
    Whether or not de los Reyes’ refusal to permit the search of his house without a search warrant may
    be a basis for his conviction.

    Held:
    No.

    The fact that de los Reyes refused the officers to search his house for opium can not be taken against
    him. No public official or other person in any country where that portion of the Constitution of the
    United States against searches and seizures or similar provision is in force, has the right to enter the
    premises of another without his consent for the purpose of search and seizure without first being
    provided with the proper search warrant for the purpose , obtained in the manner provided by law.

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