Bexples Nut GRNo. 170033 22 Febuary 2007 Tings J Police oficers Fami and Cabling, during «stationary surveillance and monitoring of legal dna walfickng in Olomgupe City cure actos Jesus Nuevas who they suspected wo be carrying drugs. Upon ingury, Nuevas showed tbem a plastic bag which ‘sninned marina lees and bricks rapes in la cl, He then informed the fiers of 2 other persons who wold he ‘making mai aia deliveries, The pale offices then proceede to where Nuevis sid his associates, Reyulus Din and Fernando Inaceacio, could be locate Din was earying a plastic bag which contained marina pucked in newspaper and wrapped therein, Whe the police officers ‘ntradce themssles, Din voluntarily inde the plstic ag vero thom. Aer the tems were coniscatel the poce ocr took the hice men tothe police office. Police oer Fumi dhs revealed that when the recip ofthe evidenas was prepared all 3 accused were not represen by course. He likewise discloed that he was the one who escorted all the aceused during thet physical examination. He also ‘conte ll 3 tothe Fiscal office where they wer infeed ofthe charges apsint them, The 3 were found yulty by the il court und the case was automatically elevated tothe CA fa review, However, Nuevas withdrew his appeal Ths the case was considered cone nd eninated aso him. The CA affine tal com WIN Din and inocencio waived their righ aginst unreasonable searches and seizures. el NO. The seurch conducted in Nuevas" ease wus made with his onsen. However in Din’s case. thre wus none, Thane s reason to belive that Nuevas indeed willingly subwitted the plastic hag with the incrinating contents 0 the police officers. Iecan be cen tha in his desperate alert to exculpalehisnself for any erminal ability, he operated with the poles, yave them the Plastic bag. and evan ceveded is associates, offering hse as an formant, His etuatons were eoasiseat withthe lamenble human incinaton wo find exeuse blame ors and save oneself even at the ost of eters’ lives. Thus, lie Cour would have aimed Nuevas" anvicton had be not withdraw his appeal. On the other band wih spew diesearch conducted inthe eave fin, the Court Finds that to such consent had actualy been given. The police officers pave inconsistent, dissimilar testimonies reaatding the manner by which they got hold ofthe plastic bas. Nester can Dias silence atthe ime be casirued asa implied acgulescence to the warratless seurch. Thus. the prosecuton fled 0 clearly show that Din stenonully surendesed is right ‘gait unreasonuble searches. On the other hand, Inovencio’s supposed possession of the dried mau leaves was sought heshown dirough his at of looking ino the plastic bg that Din was carrying. The at attibuted wo Inocencio i insufficient 0 stabi ills! possession of the dns ur eben ennspiricy to legally possess the same. The prascettion Tiled to shu by convincing poo that Ingenio knew ofthe contents the bag that be conspted with Din te possess the legal ite