SC voids warantless arrest, clears man caught with gun
The Supreme Court has cleared a man of illegal possession of firearms and ammunition as it ruled the police had no justifiable reason to conduct a warrantless search against him after he tried to flee from a traffic violation.
In a 13-page decision promulgated in December 2023 and made public last week, the high court’s Second Division reiterated that a warrantless search cannot be justified when the suspect is apprehended for a traffic violation that is not punishable by imprisonment.
The case stemmed from the case of Angelito Ridon who was accosted by the police in Makati City on Aug. 2, 2013, while he was driving a motorcycle.
Ridon was instructed to stop because the road he was about to enter was a one-way street. But instead of complying, he made a U-turn and drove down a different street.
Ridon then supposedly fell off his motorcycle when the police officers cornered him. As he got up, the police claimed he acted like he was reaching for something at his side.
This led the police to draw their guns and train these on him. After conducting a search, they discovered a .38 caliber revolver and arrested him.
In 2018, a regional trial court convicted Ridon of illegal possession of a firearm and ammunition.
He appealed his conviction to the Court of Appeals, arguing that his right against unreasonable search and seizure was violated because the prosecution did not prove that he broke any traffic law or ordinance.
Accused’s argument
The appellate court upheld the lower court’s decision, prompting Ridon to file a petition for certiorari with the Supreme Court.
In the decision penned by Associate Justice Mario Lopez, the high tribunal ruled that the warrantless search and seizure of the firearm was invalid and as a result, Ridon must be acquitted.
It cited Rule 126, Section 13 of the Rules of Court, which allows for the search of a person lawfully arrested for dangerous weapons or items that could be used as evidence, even without a search warrant.
The Supreme Court noted that Ridon’s actions—his attempt to flee and his gesture as if drawing something from his waist—were the key factors that led to the decision of the police to arrest him.
“The Court decrees that the warrantless search on Angelito cannot be justified by his alleged traffic violation. A survey of jurisprudence will show that violating ordinances and regulations alone is insufficient to trigger a valid warrantless search and seizure, especially when the penalty does not involve imprisonment,” it said.
