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Search and Seizures

1) A search warrant is a court order directing a law enforcement officer to search a specific location for evidence related to a specific crime. It can only be issued by a judge based on probable cause. 2) The Philippine Constitution prohibits unreasonable searches and seizures by the government. A search warrant must particularly describe the place to be searched and items to be seized. 3) For a search warrant to be valid, the applicant must provide under oath the specific crimes suspected and evidence sought. The warrant is only valid for 10 days and a receipt must be given for any property seized.

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196 views2 pages

Search and Seizures

1) A search warrant is a court order directing a law enforcement officer to search a specific location for evidence related to a specific crime. It can only be issued by a judge based on probable cause. 2) The Philippine Constitution prohibits unreasonable searches and seizures by the government. A search warrant must particularly describe the place to be searched and items to be seized. 3) For a search warrant to be valid, the applicant must provide under oath the specific crimes suspected and evidence sought. The warrant is only valid for 10 days and a receipt must be given for any property seized.

Uploaded by

Han Win
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SEARCH AND SEIZURES: and the witnesses he may produce, and particularly describing the place to

be searched and the persons or things to be seized."


Search Warrant Defined - It is an order in writing issued in the name of the
people of the Philippines, signed by a judge and directed to a peace officer, Scope of the prohibition: The prohibition against unreasonable searches
commanding him to search for any property described therein and bring it and seizures is imposed only upon the government and its agencies tasked
before the court. with the enforcement of law.

Constitutional Basis Art. III, Sec. 2 1987 Constitution: Nature of Right against unreasonable search and seizures:

"The right of the people to be secure in their persons, houses, papers, and The right against unreasonable searches and seizure is personal; it may be
effects against unreasonable searches and seizures of whatever nature and invoked only by the person entitled to .Waiver of the right against
for any purpose shall be inviolable, and no search warrant or warrant of unreasonable searches and seizures may be express or implied, but only by
arrest shall issue except upon probable cause to be determined personally the person whose right is invaded, not by one who is not duly authorized to
by the judge after examination under oath or affirmation of the complainant effect such waiver.

Requisites for Issuance of Search Warrant Applications for Search Warrant - All application for search warrant shall
be approved by a duly designated officer. The application shall be recorded
Warrant shall be issued only upon probable cause in connection with one in a logbook.
specific offense to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses he may The application shall indicate the following data:
produce, and particularly describing the place to be searched and things to
be seized. a. Office applying for the Search Warrant;

The following are the properties subject to seizures: b. Name of officer-applicant;

a. Properties which are the subject of the offense; c. Name of the subject, if known;

b. Stolen, embezzled proceeds, or fruits of the offense; d. Address/place(s) to be searched;

c. Objects including weapons, equipment, and other items used or intended e. Specific statement of things/articles to be seized;
to be used as the means or committing an offense;
f. Sketch of the place to be searched.
d. Objects that are illegal per se in plain view.

Conduct of Search

(Sec.78 13, Rule 126 of the 2000 Rules of Criminal) Procedure as amended) Prohibited acts in the Conduct of Search
- In the conduct of search, if after giving notice of thus, purpose and authority
the officer is refused admittance to the place of search, he may break open a. Houses, rooms, or other premises shall not be searched except in the
any outer or inner door or window or any part of a house or anything therein presence of the lawful occupant thereof or any member of his family or in the
to execute the warrant or liberate himself or any person lawfully aiding him absence of the latter, the presence of two (2) witnesses of sufficient age and
when unlawfully detained therein. discretion residing in the same locality.

b. Lawful personal properties, papers, and valuables not specifically


indicated or particularly described in the search warrant shall not be taken
Seizure of property and issuance of receipt for the property seized
Validity of Search Warrant
Once the property described in the warrant has been found and seized, the
The searched shall be valid for ten (10) days from date of issuance. officer must give a detailed receipt for such property to the lawful occupant of
Thereafter it shall be void. the premises. In the absence of such occupant, the officer must leave a
receipt in the place in which he found the seized property in the presence of
Receipt for the Property Seized at least two witnesses of sufficient age and discretion residing in the same
locality.
The officer seizing property by virtue of the warrant shall give a detailed
receipt for the same to the lawful occupant of the premises in whose The requisites for a valid waiver or consented search area follows:
presence the search and seizure was made or in the absence of such
occupant, shall, in the presence of at least two (2) witnesses of sufficient age (1) The Constitutional right exists;
and discretion residing in the same locality; leave a receipt in the place in
which he found the seized property in the absence of the lawful owner. (2) The person involved had constructive knowledge of such right; and

(3) There was an actual intention to relinquish the right.


Valid Warrantless Searches and Seizures -
Plain View: Requisites for a valid warrantless search under the plain
a. Search incidental to lawful arrest. view doctrine:

b. Search of moving vehicles (1) Prior valid intrusion based on the valid warrantless arrest in which the
police are legally present in the pursuit of their official duties;
c. Seizure of goods concealed t0 avoid duties. (2) The evidence was inadvertently discovered by the police who have the
right to be where they are;
d. Plain view search and seizure. (3 The evidence must be immediately apparent;
(4) Plain view justified the seizure of the evidence without any further search;
e. Consented Search. (5) The thing itself is illegal or prohibited.
f. Stop and Frisk

g. Administrative searches

h. Private searches

i. Border searches

j. Checkpo0069nts

Conduct of search

Upon admittance, the officer must conduct the search in the presence of the
lawful occupant of the premises or any member of his family, or in the
absence of the latter, two witnesses of sufficient age and discretion residing
in the same locality. (Rule 126, Sec. 8) Failure to Comply invalidates the
search. (People v. Gesmundo)

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