Defining the News
“In a search incidental to a lawful arrest, the law requires that there must first be a lawful arrest before a search can be made”We hear of numerous stories about law enforcement officers effecting unlawful warrantless arrests on suspects.
Jesus was arrested without a warrant simply because the Pharisees were deeply threatened by his teachings. In the case People v. Jumarang, two law enforcement officers positioned themselves around 10 meters outside a house inside a compound. The prosecution further posited when the two law enforcement officers “went up the roof, they found two other pots of what they identified as marijuana plants. They also brought these down… decided to bring Jumarang and the plants to the police station”
“There, they saw two more marijuana plants Jumarang was the one caught handling the plant, he was arrested by the police officers.” The Supreme Court found that the warrantless arrest was unlawful, hence, the subsequent search was also unlawful.
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