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.
