editted aruta
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7/27/2019 Editted Aruta
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7/27/2019 Editted Aruta
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public thoroughfares furnishes a highly reasonable suspicion amounting toprobable cause that the occupant committed a criminal activity;
4. Consented warrantless search;
5. Customs search;6. Stop and Frisk;7. Exigent and Emergency Circumstances.
The essential requisite of probable cause must still be satisfied before a warrantlesssearch and seizure can be lawfully conducted.
The accused cannot be said to be committing a crime, she was merely crossing thestreet and was not acting suspiciously for the Narcom agents to conclude that she wascommitting a crime. There was no legal basis to effect a warrantless arrest of theaccuseds bag, there was no probable cause and the accused was not lawfully arrested.
The police had more than 24 hours to procure a search warrant and they did not do so.The seized marijuana was illegal and inadmissible evidence.