Category Archives: Dangerous Drug Act

Does a waiver of an illegal warrantless arrest mean a waiver of the inadmissibility of evidence seized during the illegal warrantless arrest?

Second, there being no valid arrest, the warrantless search that resulted from it was likewise illegal.           The following are the instances when a warrantless search is allowed: (i) a warrantless search incidental to a lawful arrest; (ii) search of … Continue reading

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Is the existence of all dangerous drugs a sine qua non for conviction?

Next, appellant argues that the prosecution failed to prove the corpus delicti of the crime. In particular, she alleged that the apprehending police officers failed to follow the procedure in the custody of seized prohibited and regulated drugs, instruments, apparatuses, … Continue reading

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Is proof of ownership of the confiscated marijuana necessary?

In her defense, appellant averred that the packages she was carrying did not belong to her but to a neighbor who had asked her to carry the same for him. This contention, however, is of no consequence. When an accused … Continue reading

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There being no valid arrest, the warrantless search that resulted from it was likewise illegal.

Second, there being no valid arrest, the warrantless search that resulted from it was likewise illegal.           The following are the instances when a warrantless search is allowed: (i) a warrantless search incidental to a lawful arrest; (ii) search of … Continue reading

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Instigation and Entrapment are distinguished and determined

Fifth, the evidence on record belies that the appellants were instigated to sell marijuana. Instigation means luring the accused into a crime that he, otherwise, had no intention to commit, in order to prosecute him.[26] On the other hand, entrapment … Continue reading

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