1) A police officer conducted a buy-bust operation where Adelina Castiller sold him two foils of marijuana from her small store. When the officer identified himself, Adelina locked herself in the back of the store.
2) The police knocked and asked to be let in, and Adelina eventually opened the door. Inside they found a container with marijuana.
3) The court ruled that it would have been lawful for police to break in to arrest Adelina since she was evading arrest, but they did not need to break in as she eventually opened the door voluntarily.
1) A police officer conducted a buy-bust operation where Adelina Castiller sold him two foils of marijuana from her small store. When the officer identified himself, Adelina locked herself in the back of the store.
2) The police knocked and asked to be let in, and Adelina eventually opened the door. Inside they found a container with marijuana.
3) The court ruled that it would have been lawful for police to break in to arrest Adelina since she was evading arrest, but they did not need to break in as she eventually opened the door voluntarily.
1) A police officer conducted a buy-bust operation where Adelina Castiller sold him two foils of marijuana from her small store. When the officer identified himself, Adelina locked herself in the back of the store.
2) The police knocked and asked to be let in, and Adelina eventually opened the door. Inside they found a container with marijuana.
3) The court ruled that it would have been lawful for police to break in to arrest Adelina since she was evading arrest, but they did not need to break in as she eventually opened the door voluntarily.
1) A police officer conducted a buy-bust operation where Adelina Castiller sold him two foils of marijuana from her small store. When the officer identified himself, Adelina locked herself in the back of the store.
2) The police knocked and asked to be let in, and Adelina eventually opened the door. Inside they found a container with marijuana.
3) The court ruled that it would have been lawful for police to break in to arrest Adelina since she was evading arrest, but they did not need to break in as she eventually opened the door voluntarily.
Right of officer to break into a building or an enclosure
People v. Adelina Castiller
Cortes, J.
FACTS:
Adelina Castiller was charged of violation of section 4, Article II of the Dangerous Drugs Act for sale of illegal drugs. Acting on an information that marijuana was being sold by an old woman - later identified as Adelina - in a small store in Taguig, police officers organized a buy-bust operation. Pat. Mendibel acted as the poseur-buyer.
During the operation, Pat. Mendibel went to the store of Adelina and said to her, “La, paiksor ng dalawang foil”. She handed two foils of marijuana which she gave to Pat. Mendibel. Taking the marijuana foils, Pat. Mendibel introduced himself as a police officer. Adelina, upon learning that her "customer" was a police, scampered into the back of her store and locked herself inside even before Pat. Mendibel could hand over the twenty-peso bill in payment of the foils of marijuana. Pat. Mendibel gave the pre-arranged signal to get the team’s assistance in arresting Adelina. The police officers knocked at the door, but appellant refused to open the door. Later, however, she voluntarily opened the door when the police officers, still knocking, asked permission to be allowed inside her store.
Once inside, she pointed to a large gray container placed beside some cases of softdrink. They found a hole at the bottom of the large gray plastic container and stored inside were a plastic "Ajinomoto" bag containing substances. The police officers seized her things for evidence.
The Regional Trial Court convicted Adelina and found that she was caught in flagrante delicto delivering marijuana.
ISSUE:
Whether or not it was lawful for the police officers to break into Adelina’s store upon her arrest
RULING:
Yes. Where the person to be arrested attempts to evade the same, the Rules on Criminal Procedure allow a peace officer, in order to make a lawful warrantless arrest, to "... break into any building or enclosure in which the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after he has announced his authority and purpose" [Section 11, Rule 113, 1985 Rules on Criminal Procedure]. In the case at bar, the police officers did not have to break into the premises since appellant voluntarily allowed the law officer inside the store. Therefore, the entry by the law enforcers into the store in order to effect appellant's arrest was perfectly lawful.
I Andre Murray did try to resolve this matter through negotiation. Provincial Court of New Brunswick File Number: 9381805, THE CITY OF FREDERICTON v. Andre Murray - Municipal Bylaw Bicycle on Sidewalk.
