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  • DELA CRUZ vs. PEOPLE 1

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    Erikha Araneta
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    The Supreme Court ruled that a drug test conducted on a suspect without consent violated his constitutional rights. Police had arrested Ariel Escobedo on drug charges and demanded a bribe from his family for his release. Entrapment operations were then conducted, leading to the arrest of the accused. At the police station, authorities required and tested his urine sample for drugs without his consent. The Court held that the drug test was illegal as the suspect was arrested for extortion, not a drug offense, and that it violated his privacy and right against self-incrimination.

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    The Supreme Court ruled that a drug test conducted on a suspect without consent violated his constitutional rights. Police had arrested Ariel Escobedo on drug charges and demanded a bribe from his family for his release. Entrapment operations were then conducted, leading to the arrest of the accused. At the police station, authorities required and tested his urine sample for drugs without his consent. The Court held that the drug test was illegal as the suspect was arrested for extortion, not a drug offense, and that it violated his privacy and right against self-incrimination.

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    © All Rights Reserved
    Als DOCX, PDF, TXT herunterladen oder online auf Scribd lesen
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    13 Ansichten1 Seite

    DELA CRUZ vs. PEOPLE 1

    Hochgeladen von

    Erikha Araneta
    The Supreme Court ruled that a drug test conducted on a suspect without consent violated his constitutional rights. Police had arrested Ariel Escobedo on drug charges and demanded a bribe from his family for his release. Entrapment operations were then conducted, leading to the arrest of the accused. At the police station, authorities required and tested his urine sample for drugs without his consent. The Court held that the drug test was illegal as the suspect was arrested for extortion, not a drug offense, and that it violated his privacy and right against self-incrimination.

    Copyright:

    © All Rights Reserved
    Als DOCX, PDF, TXT herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    von 1

    DELA CRUZ vs.

    PEOPLE
    G.R. No. 200748

    July 23, 2014

    FACTS:

    Complainants alleged that a certain Ariel Escobedo was picked up by several unknown male persons believed to be
    police officers for allegedly selling drugs. Complainants were instructed to proceed to the Gorordo Police Station.
    They met “James” at the Police Station, who demanded from them P100,000.00 which was later lowered to
    P40,000.00, in exchange for the release of Ariel.

    The accused was nabbed after an entrapment operation was conducted. The accused was later brought to the
    forensic laboratory where he was required to submit his urine for drug testing. The test yielded a positive result for
    presence of dangerous drugs.

    ISSUE:

    Whether or not the drug test conducted upon the petitioner is legal. (NO)

    HELD:

    The drug test in Section 15 does not cover persons apprehended or arrested for any unlawful act, but only for
    unlawful acts listed under Article II of the law.

    The drug test was in violation of the petitioner’s right to privacy and right against self-incrimination. It is
    incontrovertible that petitioner refused to have his urine extracted and tested for drugs.

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