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Bagalihog Vs Fernandez
Bagalihog Vs Fernandez
The case at bar does not come under any of the instances when a search
may be validly done without warrant and articles validly taken as a
result of that search. The warrantless seizure of the motorcycle was
unquestionably violative of "the right to be let alone," The vehicle
cannot even be detained on the ground that it is a prohibited article the
mere possession of which is unlawful.
***3. Respondent judge said he had no jurisdiction over the motorcycle because
it was in custodia legis and only the judge trying the criminal cases against the
petitioner and his co-accused could order its release.