Wednesday, March 9, 2016

SEARCH INCIDENTAL TO LAWFUL ARREST:

    Searches and seizure incident to a lawful arrest are governed by Section 13, Rule 126 of the Revised Rules of Criminal Procedure. The purpose of allowing a warrantless search and seizure incident to a lawful arrest is “to protect the arresting officer from being harmed by the person arrested, who might be armed with a concealed weapon, and to prevent the latter from destroying evidence within reach.” It is therefore a reasonable exercise of the State’s police power to protect (1) law enforcers from the injury that may be inflicted on them by a person they have lawfully arrested; and (2) evidence from being destroyed by the arrestee. It seeks to ensure the safety of the arresting officers and the integrity of the evidence under the control and within the reach of the arrestee. (PEOPLE VS. CALANTIAO [2014]).https://www.facebook.com/Villasis-Law-Center-784695934976279/?ref=aymt_homepage_panel

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