Caballes vs Court of Appeals(January 15, 2002)

Ponente: PunoNature: Petition for review on certiorari of a decision of the Court of AppealsFacts:While on a routine patrol in Brgy Sampalucan, Pagsanjan, Laguna, Sgt. Victorino Nocejo and Pat. Alex de Castro spotted a passenger jeep unusually covered with kakawati leaves. Suspecting that the jeep was loaded with smuggled goods, the two officers flagged down the vehicle. Being the driver of the jeep, Caballes was asked by the officers as to what was loaded in the jeep, to which he did not respond, appearing pale and nervous. The officers checked the cargo and discovered bundles of galvanized conductor wires exclusively owned by National Power Corporation. Caballes and the vehicle with the high-voltage wires were brought to the Pagsanjan Police Station, where he was imprisoned for 7 days.The trial court found Caballes guilty of the crime of Theft of property. Upon appeal, the Court fo Aooeaksm affirmed the trial courts judgment of conviction. Issue: WON the evidence taken from the warrantless search is admissible against CaballesHeld: No; the evidence are not admissible in evidence.Ratio: The constitutional proscription against warrantless searches and seizures is not absolute, but admits of certain exceptions. The situation in the case at bar does not fall under any of the accepted exceptions.1. Search of a moving vehicle (ito yung sense ng case talaga)The rules governing searches and seizures of moving vehicles have been liberalized for the purposes of practicality. Obtaining a warrant for a moving vehicle is particularly difficult for want of a specific description of the place, things, and persons to be searches. Also, it is not practicable to secure a warrant because the vehicle can be quickly moved out of the jurisdiction in which the warrant must be sought. Still, however, there must be probable cause to conduct such warrantless search.One form of search of moving vehicles is the stop-and-search without warrant at checkpoints, which has been declared as not illegal per se, for as long as it is warranted by the exigencies of public order and conducted in a way least intrusive to motorists. A checkpoint may either be a mere routine inspection or it may involve an extensive search. Routine inspections are not regarded as violative of an individuals right against unreasonable search. The circumstances in this case, however, do not constitute a routine inspection. They had to reach inside the vehicle, lift the leaves and look inside the sacks before they were able to see the cable wires. When a vehicle is stopped and subjected to an extensive search, such a search would be constitutionally permissible only if the officers have probable cause to believe that either the motorist is a law-offender or they will find the instrumentality or evidence pertaining to a crime in the vehicle to be searched. In this case, the officers flagged down the jeep because they became suspicious when they saw that the back of the vehicle was covered with kakawati leaves, which, to them, was unusual and uncommon. The Court believes that the fact that the vehicle looked suspicious simply because it is not common for such to be covered in kakawati leaves does not constitute probable cause to justify a search without a warrant. In addition, there was no tip or confidential information that could have backed up their search, as jurisprudence is replete with cases where tipped information has become sufficient to constitute probable cause. 2. Plain view doctrineIt is clear from the records that the cable wires were not exposed to sight because they were placed in sacks and covered with leaves. They had no clue as to what was underneath the leaves. Object was not in plain view which could have justified mere seizure without further search.3. Consented searchAt most, there was only implied acquiescence, a mere passive conformity, which is no consent at all within the purview of the constitutional guarantee. Evidence is lacking that Caballes intentionally surrendered his right against unreasonable searches.