A. When is a search a reasonable search? Valmonte v.

De Villa checkpoints Section 2 is a personal right invocable only by those whose rights have been infringed or threatened to be infringed; reasonableness is determined by a fixed formula but from the circumstances of the case; not all searches and seizures are not allowed; between the inherent right of the state to protect its existence and promote public welfare and an individual; right nhiagainst warrantless search which was reasonably conductedm the former should prevail B. Requisites of a Valid Warrant Alvarez v. CFI of Tayabas definition of a search warrant an order in writing, issued in the name of the People of the Philippine Islands, signed by a judge or justice of peace and directed to a peace officer commanding him to search for personal property and bring it before court, OATH - any form of attestation that a party signifies that he is bound by conscience to perform an act faithfully or truthfully People v. CA the general rule is that search warrants must be served during the daytime (protect the public from the abrasiveness of official intrusions). Exception: a search at any reasonable hour of day or night may be made when the application asserts that the property in on the person or place ordered to be searched. Absence of abuse of discretion, a search conducted at night where so allowed is not improper People v. Veloso parliamentary club - JOHN DOE WARRANTS Valid IF the best description possible is given in the arrest warrant it must be sufficient to indicate clearly on whom it is to be served by stating his occupation, personal appearance or peculiarities, place of residence or other circumstances which he may be identified Microsoft v. Maxicorp software probable cause such reasons, supported by facts and circumstances as will warrant a cautious man in the belief that his action and the means taken in prosecuting it are legally just and proper; OATH must refer to the truth of the facts WITHIN THE PERSONAL KNOLEDGE OF THE PETITIONER OR HIS WITNESSES; probable cause deals with probability and not absolute certainty Burgos Sr. v. Chief of Staff, AFP Metropolitan Mail and We Forum typographical error in specifying the address to be searched not sufficient to invalidate search warrant where the address intended appears on the face of the warrant; probable cause such facts or circumstances which would lead a reasonably prudent man to believe that an offense has been committed and the objects sought in connection with the offense are in the place sought to be searched People v. CA Abigails Variety Store VOID warrant the claim that the place actually searched although not the one specified in the warrant is exactly what they had in view when they applied for the warrant is unacceptable. What is material in determining the validity of the warrant is the place stated in the warrant, not the one they had in their thoughts; particularization of description may properly be done only by the judge and only in the warrant itself Corro v. Lising Philippine Times conclusions of law of military officers will not satisfy probable cause requirement for issuance of search warrants Soliven v. Makasiar The judge is not required to personally examine the complainant and his witnesses. He shall: 1) personally evaluate the report and the supporting documents submitted by the fiscal regarding the existence of probable cause and on the basis thereof, issue a warrant of arrest OR 2) if on the basis thereof, he does not find probable cause, he may disregard the fiscals report and require the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion of the existence of probable cause

Lim Sr. v. Felix certification by the fiscal of the existence of probable cause does not bind the judge. Preliminary inquiry determines probable cause for the issuance of a search warrant (prosecutor); preliminary examination (judge) - investigation for the determination of a probable cause for the issuance of a warrant of arrest; preliminary investigation proper ascertains whether the offender should be held for trial or be released. Yao Sr. v. People GASUL and SHELLANE v. MASAGANA - examination of complainant and witnesses must be probing and exhaustive not merely routinary, general, peripheral, perfunctory or pro forma; law does not require that the thihgs to be seized should be described in very precise and minute details. C. Warrantless Searches and Seizures Nolasco v. Pano articles seized by void warrants should be retuned to its owners Papa v. Mago Customs Search search warrant not necessary except if the place to be searched is a dwelling or house Tariff and Customs Code People v. CFI of Rizal search of moving vehicle Carroll doctrine search of moving vehicles or automobiles no search warrant needed People. V. Lo Ho Wing - exception to the issuance of search warrant: 1) search incidental to a lawful arrest; 2) search of moving vehicle; 3) seizure of evidence in plain view People v. Evaristo evidence in plain view Harris v. Coolidge, Coolidge v. New Hampshire no search warrant needed; Malacat v. CA valid waiver must be made in writing and in the presence of counsel; search incidental to a lawful arrest v. stop and frisk Terry Case probable cause is not required to conduct stop and frisk but mere suspicion or a hunch will not validate it. A genuine reason must exist. People v. De Gracia Eurocar Sales Office crime was in fact being committed search incidental to lawful arrest valid People v. Johnson inspection at airports Persons may lose the protection of the search and seizure clause by exposure of their persons or property to the public in a manner reflecting lack of subjective expectation of privacy David v. Macapagal-Arroyo PP 1017 case doctrines same as the ones above (related topics: freedom of expression; freedom to peaceably assemble) People v. Nuevas illegal possession of marijuana - in cases of searches incidental to a lawful arrest, the arrest must precede the search; warrantless search, when valid: 1) incidental to lawful arrest; 2) evidence in plain view [a) valid prior intrusion, police are legally present in the pursuit of their official duties, b) evidence was inadvertently discovered, c) evidence immediately apparent, d) plain view justified mere seizure with =out further search]; 3) search of moving vehicle; 4) consented warrantless search; 5) customs search; 6) stop and frisk; 7) exigent and emergency circumstances D. Searches and seizures of whatever nature for any purpose E. Warrantless Arrests Umil v. Ramos subversion a continuing offense - arrest without a warrant is justified if the person arrested in caught in flagrante delicto People v. Aminudin - M/V Wilcon; marijuana not caught in flagrante delicto; search was unreasonable; evidence inadmissible

Harvey v. Defensor-Santiago pedophiles the rights granted in Section 2 are available to all persons including aliens, whether accused of a crime or not People v. Mengote suspicious man outside a person may not be stopped and frisked in broad daylight on a bust street on a mere unexplained suspicion Posadas v. Ombudsan Sigma Rho v. Scintilla Juris Arrest made without a valid warrant: Rule 113, Section 5 of the Rules of Court when in the presence of a police officer or a private individual: 1) the person arrested has committed, is actually committing, or attempting to commit an offense; 2) when an offense has actually been committed, and he has personal knowledge of the facts indicating that the person to be arrested commited it; 3) when the person arrested is a prisoner who has escaped from a penal establishment or place where his is serving final or temporary judgment (pending), escaped while being transferred Ladlad v. Velasco imprisoned by PP 1017; rebellion/sedition doctrine same as above and People v. De Gracia