Questionable search warrant clears couple of drug charges

The court cleared a couple from charges for possession of drug paraphernalia due to the questionable search warrant used by the police in their operation.

Regional Trial Court Judge Gabriel Ingles found out that the warrant used to search the floor of a house where couple Matirno and Lani Aniban lives was invalid because it indicated a wrong address. The Anibans, from whom the police recovered the alleged drug paraphernalia, resides at the residence of a relative, Mary Ann Sabalones, the subject of the search warrant.

While the search warrant indicated that Sabalones is residing at 148-D, Spolarium Street, barangay Duljo, Fatima, Cebu City, the evidence for the defense indicated that Sabalones actually resides at 148-C. Although the couple and Sabalones live in the same house, the couple occupies only the upper floor while Sabalones resides on the ground floor.

In his decision, Ingles said: "It is apparent that the use of the said search warrant against Mary Ann Sabalones in order to search the room or even the second floor of the house described therein which is occupied by the other families, including accused herein, is not valid."

Ingles said considering that police conducted an extensive surveillance on Sabalones and her place, they should have already determined that she occupies only the ground floor of the house and that another family is occupying the upper floor.

Ingles said to include the upper floor in the application of the police for a search warrant, even if their probable cause is only against Sabalones, who occupies the ground floor, is improper.

"The search warrant intended for Mary Ann Sabalones, when used to search even places which are not under her control, constitutes a general warrant, thus, void," Ingles said.

Because of this, Ingles said the search conducted on the upper floor of the house was, in effect, a warrantless search.

"Even assuming then that the drug paraphernalia were in plain view, their seizure is improper because the police officers had no justification for their intrusion into the second floor," Ingles said. - Joeberth M. Ocao/LPM