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CANTON
People of the Philippines, appellee, vs.
Susan Canton, appellant.
Digest by Raffi Reyes
Nature: Appeal from a decision of the
Regional Trial Court of Pasay City, Branch
110
Date: December 27, 2002
Ponente: Davide, Jr., C. J.
Doctrine: RA 6235 Sec. 9 is another
exception to the proscription against
warrantless searches and seizures. The
provision clearly states that the search,
unlike in the Terry search, is not limited to
weapons. Passengers are also subject to
search for prohibited materials or
substances.
Facts:
Held/Ratio:
Cantons contentions
TC erred in justifying the warrantless
search against her based on the alleged
existence of probable cause
Supreme Court
The search conducted on Canton was not
incidental to a lawful arrest
In
this
case,
no
custodial
investigation
was
conducted
after Cantons arrest. She affixed
her signature to the receipt of the
articles seized from her, but before
she did so, she was told that she had
the option to sign or not to sign it.
Aside from this, no statement was