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Bucad vs. People

JOEMARIE MENDOZA Y BUCAD ALIAS "JOE", PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

G.R. No. 248350 | 2022-05-12

FIRST DIVISION
 
D E C I S I O N
 
ZALAMEDA,** J.:
 
It is settled that waiver as to the legality of the arrest does not affect the inadmissibility of the evidence seized. An invalid search warrant which led to a warrantless arrest of another person alleged to have been caught in flagrante delicto within the searched premises, renders the evidence seized in the said warrantless arrest inadmissible. Given the fact that law enforcement authorities would not have been able to arrest said person were it not for the invalid search warrant, the plain view doctrine is likewise not applicable.[1]
 
The Case

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