CrimPro 10 - Rule126 Sec13 People vs Malasugui

CrimPro 10 - Rule126 Sec13 People vs Malasugui - [No 44335...

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10/5/2016 PHILIPPINE REPORTS ANNOTATED VOLUME 063 1/11 1. 2. 3. [No. 44335. July 30, 1936] THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff and appellee, vs. KAGUI MALASUGUI, defendant and appellant. CRIMINAL LAW; SEARCH AND SEIZURES; WAIVABLE RIGHT.—When one volunlarily submits to a search or consents to have it made of his person or premises, he is precluded from later complaining thereof. (Cooley, Constitutional Limitations, 8th ed., vol. I, page 631.) The right to be secure from unreasonable search may, like every right, be waived, and such waiver may be made either expressly or impliedly. ID.; ARRESTS WITHOUT JUDICIAL WARRANT. —Members of the Insular Police or Constabulary as well as those of the municipal police and those of chartered cities like Manila and Baguio, and even those of townships (sections 848, 2463, 2564, 2165 and 2383 of the Revised Administrative Code) may make arrests without judicial warrant, not only when a crime is committed or about to be committed in their presence, but also when there is reason to believe or sufficient ground to suspect that one has been committed and that it was committed by the person arrested by them. (U. S. vs. Fortaleza, 12 Phil., 472; U. S. vs. Samonte, 16 Phil., 516; U. S. vs. Batallones, 23 Phil., 46; U. S. vs. Santos, 36 Phil., 853.) ID.; ID.; LEGALITY OF THESE ARRESTS.—An arrest made under said circumstances is not unlawful but perfectly justified; and the agent of authority who makes the arrest does not violate the provisions of article 269 of the Revised Penal Code which defines and punishes unlawful arrest, nor infringe the constitutional precept relative to the inviolability of one's right to be secure in his person, house, papers, and effects against unreasonable search and seizures; as either provision of law permits, like the above cited sections of the Revised Administrative Code, the making of arrests without judicial warrant, when there exist reasonable motives
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10/5/2016 PHILIPPINE REPORTS ANNOTATED VOLUME 063 2/11 4. 5. 6. therefor so that the person arrested may be brought to the corresponding authority. ID.; ID.; SEARCH AND SEIZURES INCIDENTAL TO AN ARREST.—When the search of the person detained or arrested and the seizure of the effects found in his possession are incidental to an arrest made in conformity with the law, they cannot be considered unreasonable, much less unlawful. (Weeks vs. United States, 222 222 PHILIPPINE REPORTS ANNOTATED People vs. Kagui Malasugui 232 U. S., 652, 655, citing favorably I Bishop, Crim. Proc., sec. 211, and the other cases cited in the decision.) ID.; TIME TO PREPARE DEFENSE OF ACCUSED. —The appellant contends that the lower court did not grant him even twenty­four hours to prepare his defense, thereby denying him the right afforded to every accused by section 30 of General Orders, No. 58. To be entitled to said time as a matter of right, the interested party must expressly ask for it, inasmuch as the law so prescribes.
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  • Fall '16
  • Law School
  • Fourth Amendment to the United States Constitution, Arrest, U. S. vs, PHILIPPINE REPORTS, KAGUI MALASUGUI

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