001 people v johnson
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People v. Johnson CRIMPRO D2018 Prof. C. Bautista BlockDTRANSCRIPT
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PEOPLE v JOHNSON G.R. No. 138881| December 18, 2000 | Mendoza | Appeal from RTC| Airport Searches
PLAINTIFF-‐APPELLE: People of the Philippines ACCUSED-‐APPELLANT: Leila Johnson y Reyes SUMMARY: Leila Johnson was frisked at the gate at the NAIA departure area. The lady frisker, Olivia Ramirez, felt something hard on Leila’s abdominal area, which Leila claimed to be a special girdle. Disbelieving this, Olivia reported this to her superior, SPO4 Reynaldo Embile, who instructed her to inspect her further. Leila was then directed to remove the object. She had three plastic packs of shabu, weighing over 580 grams total. Her passport, ticket, luggage, and other personal effects were seized and pictures were taken of her. She was convicted in the RTC for violating Sec. 16 of RA 6425 DOCTRINE: Passengers attempting to board an aircraft routinely pass through metal detectors; their carry-‐on baggage as well as checked luggage are routinely subjected to x-‐ray scans. Should these procedures suggest the presence of suspicious objects, physical searches are conducted to determine what the objects are. There is little question that such searches are reasonable, given their minimal intrusiveness, the gravity of the safety interests involved, and the reduced privacy expectations associated with airline travel. Indeed, travelers are often notified through airport public address systems, signs, and notices in their airline tickets that they are subject to search and, if any prohibited materials or substances are found, such would be subject to seizure. These announcements place passengers on notice that ordinary constitutional protections against warrantless searches and seizures do not apply to routine airport procedures.
FACTS: 1. Leila Johnson, 58, a widow, a former Filipino citizen, now a naturalized American, was visiting her son in Calamba, Laguna. She was set to fly back home to the US.
2. Olivia Ramirez, the lady frisker on duty when Leila went to NAIA, felt something hard on Leila’s abdominal area. Leila said it was two panty girdles she had to wear due to an ectopic pregnancy.
3. Olivia didn’t buy it. She told SPO4 Embile: Sir, hindi po ako naniniwalang panty lang po iyon.
4. Embile told her to investigate, so Olivia, with SPO1 Rizalina Bernal, took Leila to a women’s room. Asking again what it was and receiving the same answer, Olivia told her to remove the object, which turned out to be shabu.
5. Embile took Leila to the 1st Regional Aviation and Security Office (1st RASO) where Leila’s passport and ticket were taken and her luggage opened. Pictures were taken.
6. LEILA’S VERSION: She was waiting in line at the boarding gate when she was approached by Embile and two female officers, handcuffed, and taken to the women’s room, where she was asked to undress and subjected to a body search. Nothing was found on her. She was transferred to the custody of Col. Castillo who presented her with two white packages and told her to admit the packages were hers and affix her signature thereon. She claims she was detained for two days and was not allowed to speak to counsel or family.
7. RTC Pasay convicted her for possession. Leila appealed, claiming the shabu should be inadmissible since she was forced to sign the bags and not informed of her rights.
ISSUES: Whether or not the search and seizure was valid. HELD/RATIO: YES. 1. This is a warrantless arrest in flagrante delicto, pursuant to a valid search made on her person. Her rights were not violated since she wasn’t placed in custodial investigation.
2. Persons may lose the protection of the search and seizure clause by exposure of their persons or property to the public in a manner reflecting a lack of subjective expectation of privacy, which society is prepared to recognize as reasonable. Such recognition is implicit in airport security procedures, with increasing concerns over hijacking & terrorism requiring increased security.
3. The shabu was acquired legitimately pursuant to airport security procedures.
4. The packs of shabu having thus been obtained through a valid warrantless search, are admissible in evidence. Her subsequent warrantless arrest, was justified since it was effected upon the discovery and recovery of shabu in her person in flagrante delicto.
5. However, the other personal effects and pictures taken from and of her are inadmissible and should not have been confiscated/taken, since they are unrelated to the offense. Her belongings should be returned to her.
WHEREFORE, RTC Pasay decision is affirmed. SO ORDERED.