SC Cases Flashcards
What is the rule In case of warrantless seizures, in the inventory and taking of photographs, which is the first link in the chain of custody of drugs cases?
The Court restated its 2022 ruling in People v. Casa that in case of warrantless seizures, the inventory and taking of photographs, which is the first link in the chain of custody of drugs cases, generally must be done at the place of seizure.
The Court also clarified that even if the succeeding links in the chain of custody were compliant with the requirements under the law, this does not serve to cure the breach which attended early on the first link. “There was already a significant break [in the chain of custody] such that there can be no assurance against switching, planting, or contamination even though the subsequent links were not similarly infirm.
What is the exception to the rule where the physical inventory and taking of photographs of the seized item may be conducted at the nearest police station or at the nearest office of the apprehending officer or team?
P o h j t 1)i in p t c t s a t p o s o 2) t i s a t b i o e d a t p o s .
W t P o a a t p s r, w i p, c a m a a, t t c w r t t p o m i c t i a tn p s o t n o o t a o/t. S r m b i i t a o t p o w p i t b- b o.
Police officers have justification that (1) it is not practicable to conduct the same at the place of seizure or (2) the items seized are threatened by immediate or extreme danger at the place of seizure;
The Court added that when the police officers are able to provide a sensible reason, which is practicable, consistent, and not merely generic or an afterthought, then the courts will recognize that the police officers may indeed conduct the inventory at the nearest police station or the nearest office of the apprehending officer/team. Such reason must be indicated in the affidavits of the police officers who participated in the buy-bust operation.
