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Balicanta vs. People

IGNACIO BALICANTA III Y CUARTO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT

G.R. No. 246081 | 2023-06-26

DECISION
 
LEONEN, SAJ.:
 
A search incidental to a lawful arrest is different from a stop and frisk search. A search incidental to a lawful arrest "require[s] that a crime be committed in flagrante delicto" while a stop and frisk search is "conducted to prevent the occurrence of a crime."[1] Items confiscated from an invalid stop and frisk search is inadmissible in evidence and it cannot be cured by arguing that it was due to a search incidental to a lawful arrest.

This Court resolves a Petition for Review on Certiorari[2] assailing the Court of Appeals Decision[3] and Resolution[4]...