PS100: BILL OF RIGHTS 2
RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES/ARREST
• Warrant
⁃ an order in writing
• cannot be in oral form (verbal)
⁃ issued in the name of the people of the Philippines
⁃ signed by a judge
• judge is only the one to do a warrant
⁃ directed to a police/peace officer
• should be a police or a peace officer
• cannot be done by anyone
⁃ you can only be bodily searched if there is a search warrant
⁃ THERE ARE TWO TYPES OF WARRANTS:
• Search Warrant
⁃ if the order is to search for personal property to be brought to court,
it is called a SEARCH WARRANT
⁃ Persons, houses, papers, and effect
⁃ ex: if there is a criminal hiding inside your house, the police can
conduct a search warrant.
• Warrant of Arrest
⁃ If the command is to arrest a person and take him into the custody of
the court, the order is called a WARRANT OF ARREST
REQUISITES FOR A VALID SEARCH WARRANT OR WARRANT OF ARREST
• It must be issued upon probable cause
⁃ the judge cannot issue a warrant based on that hearsay; not a probable
cause
⁃ ex: the policemen, before they will go to the judge, they would have to
monitor the activities of a person who is suspected to be a drug pusher
• they would look for evidences
• if they have proven the suspected person with their suspected criminal
acts, it is now possible for the police/peace officers to conduct a search warrant
• Determination of probable cause is done by the judge himself
• after the judge would listen to the testimonies or whatever the police
men would say then that's the time that the judge would determine if there is a
probable cause and then the judge will come up with a search warrant
• Existence of probable cause is done by the presentation of
evidences/witness
• Specific description of things to be seized or person to be arrested
• ex: if they are looking for a .45 pistol, that is the only thing to be
searched
• ex: if you don not know the person because they are not identified,
then the judge would write down a specific description of the person
• the description should be specified
WARRANTLESS SEARCHES
• they can search you or your property without a search warrant
• There is consent or waiver
⁃ you agreed or allowed the policemen to enter your house; to search you
⁃ the consent or waiver should not be oral only and should be in writing
• When search is an incident to a lawful arrest
⁃ ex: you are caught shoplifting, the policemen will now conduct a body
search on you
⁃ ex: you can only be arrested through warrantless arrest if you are
committing a crime.
• In the case of contraband or forfeited goods to be transported
⁃ permit to own
• you can own but cannot bring anywhere
⁃ permit to carry
• you can own and carry it into other places
• Prohibited articles are in plain view or open to eye and hand
⁃ can only be searched or arrested if a gun is open to eye and hand
⁃ note: plain view = no need for you to search
• As an incident of inspection, supervision, and regulation in the
exercise of police power
⁃ ex: in airports, they would inspect your luggage
• Routinary searches in the interest of national security and the proper
enforcement of customs and immigration laws
⁃ in airports, they have to countercheck your luggage
⁃ searches in the interest of national security (checkpoints)
• Consent or waiver is given (written)
• even if you are not doing anything, ask for a search warrant
• even if you are clean, to be safe, ask for a search warrant and ask for
your barangay captain or officials to be present during a search warrant or a
search warrant be done by the policemen
• to be safe; for your protection
• ask somebody to be a witness
• it is possible for you to use your phone if the policemen are
conducting a search warrant
