INTRODUCTION TO SEARCH WARRANT

Search and seizure

Section II, Article III of the 1987 constitution

Section 2.The right of the people to be secure in their persons, houses, papers and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable and no
search warrant and warrant of arrest shall be issued except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce and particularly describing the place to be searched and the persons or things
to be seized.(null and void)

Three right:

1. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose
(Right to privacy)
2. No search warrant and warrant of arrest shall be issued except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce and particularly describing the place to be
searched and the persons or things to be seized.
(provide elimination to the state or government)
Two requirements so that we can say that the place to be search and things to be seize in the
search warrant are describe with particularity or describe specifically:
1. If the law enforcement officer or the seizing officer can readily identify the properties to be
seize and thus prevent him to seizing any wrong items.
2.The search warrant must leave no discretion to the law enforcement officer or seizing officer
of the things to be seize.
#Idea of once specific effect rule -pertains only once specific offense or once specific crime or
specific subject matter, hence any search warrant which contains or which pertains to one or
more than one specific offense is considered to be invalid or null and void-scatter shot warrant
3. No warrant of arrest shall be issued except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and the witnesses he
may produce and particularly describing the place to be search and the persons or things to be
seize.

Valid warrantless arrest

There must be search warrant and the search warrant must comply with the guidelines and
requirements, this particular rule is not absolute because there is instances that the law
enforcement officer can actually conduct searches and seizure without search warrant.
WARRANTLESS SEARCH-INCIDENTAL TO LAWFUL ARREST

Incidental to valid arrest:

A law enforcement officer can search a person who was lawfully arrested for the following:

1.For any weapons that maybe used by the person arrested against the officer or any weapons the
maybe used by arrested officer to resist or scape from the officer.

2.Anything that may have been used in the commission of the crime.

3. Anything that may serve proof for the commission of the particular offense or crime,

To fall within the exception, the following must be present:

1. The item to be searched was within the arrestee’s custody or area of immediate control.
2. The search was contemporaneous with the arrest.

WARRANTLESS SEARCH-PLAIN VIEW DOCTRINE- provide that any objects in the plain view of a law
enforcement officer was the right to be in the position to have that view are subject to search and
seizure.

A. A prior valid intrusion based on the valid warrantless arrest in which the police are legally
present in the pursuit of their official duties.
B. The evidence was inadvertently discovered by the police who had the right to be where they
are;
C. The evidence must be immediately apparent ; and
D. “Plan view” justified mere seizure or evidence without further search.

EXAMPLES:
WARRANTLESS SEARCH-SEARCH TO MOVING VEHICLE

 stop and search (land transportation, and air craft and etc.)
 search on moving vehicle is allowed and it does not violate our right against
unreasonable search or seizure as long as it would a search and seizure is conducted as
accordance to constitutional provision to any stationary provision and following the
guidelines by decided cases of the supreme court.
 1. Routinary search-general rule- it involve visual inspection or visual examination (the law
enforcement officer are not allowed to let the occupant the body search, let them open
the trunk, the compartment or to let the law enforcer to get inside the car to conduct a
thorough search.
2. Extensive search-permissible only if the law enforcement conducting the search have
reasonable suspicion or probable cause to believe before the conduct of the search that
the owner of that particular vehicle is offender or they will find the instrumentality or
evidence pertaining to particular crime in the vehicle to be search.
#Checkpoint –is one activities to promote police omnipotence and discourage to deter would be
criminals.

Warrantless search- Consented Search

#The right against unreasonable search and seizure is a personal right which can be wave and can be
invoke against government authority.

Wave-voluntary relinquishment of a particular right.

Needed to be present before consented search is considered to be valid:

1. The right exist;

Warrantless Search-Custom and airport searches

 Persons exercising police authorities under the customs law may effect search and
seizure
 Non-payment of proper tax, department of national agent, airport and terminals.

Warrantless Search-Emergency and administrative searches

 There must be a search warrant however their instances were searches can be conducted even
without warrant of arrest as long as it would fall under a circumstances of valid warrantless
search.
 Exigent, natural or man-made emergencies are applying or obtaining search warrant is not
necessary and it is impractical.

Exam:kodita, -confidential informant verified by an intelligent, marawe sech,

Administrative searches-are conducted by reason of police power, and merely regulatory searches.

Example: Inspection or regulatory inspection or searches conducted by bfp

Execution of a search warrant

A. Witnesses
1. Lawful occupant or any member of his family must be present
2. In the absence of the latter, two witnesses of sufficient age and discretion residing in the
same locality.
B. Reasonable force (knock and announce rule)

“The officer if refuse admittance to the place of directed search after giving notice of his purpose
and authority, may break open any outer or inner door or window of a house or any part of a
house or anything therein to execute the warrant or liberate himself or any person lawfully
aiding him when unlawfully detained therein”.

C. Lifespan
1. At any time in the day or night, within 10 days from the issuance of the search warrant.
D. John doe search warrants

“Except in those cases where it contains a description person such as will enable the officer to
identify the accused”.