Constitutional Law II

JD-1B and JD-1A

SEARCHES AND SEIZURES

INSTRUCTIONS: Answer briefly the following questions. Answers shall be

written in a yellow paper. Submit a photograph or an ecopy of your answer sheets
via Messenger or Electronic Mail (rencallueng05071989@gmail.com) on or
before 3 PM of April 27, 2020. Submit the hard copies of your answer sheets on
May 4, 2020.

1. State the constitutional guarantee on the right of the people against unreasonable
searches and seizures. (5 points)

2. Enumerate the instances when a search or seizure may be validly made

notwithstanding the absence of a warrant? (5 points)

3. Define probable cause and briefly explain the following:

a. Probable cause for the issuance of a search warrant;

b. Probable cause for the issuance of a warrant of arrest; and

c. Probable cause in warrantless arrests. (15 points)

4. Distinguish the concepts of search incident to a lawful arrest (in flagrante

delicto) and of a “stop-and-frisk” Explain substantially. (5 points)

5. What are the two-fold interests that are served by the “stop-and-frisk” search.
Explain substantially. (5 points)

6. State the rationale for the validity of search of a moving vehicle. Explain. (5
points)

7. Two hundred Philippine marines and elements of the home defense forces
raided the compound occupied by Alih and his other co-petitioners in search of
loose firearms, ammunitions and other explosives. The initial reaction of the
people inside the compound was to resist the invasion with a burst of gunfire. The
soldiers returned fire resulting in a number of casualties. The besieged compound
surrendered the following morning, and sixteen male occupants were arrested,
later to be finger-printed, paraffin-tested and photographed over their objection.
The military also inventoried and confiscated nine M16 rifles, one M14 rifle, nine
rifle grenades, and several rounds of ammunition found in the premises.
Petitioners filed before the Supreme Court a petition for prohibition and
mandamus with preliminary injunction and restraining order in order to recover
the articles seized from them and to prevent these from being used as evidence
against them. Petitioners argue that these articles were taken without a search
warrant. Rule on the petition. (10 points)

8. What is the purpose of the requirement of particularity of the things to be

seized. Explain. (5 points)

9. What is a general warrant? Is general warrant valid? Why or why not? (5

points)

10. Explain the concept of inadvertence under the palin view doctrine. (5 points)

11. PMSg. Gler Gumpad and PSSg Dexter Pingi received a tip from an
anonymous caller that a man and a woman were repacking prohibited drugs at
certain house in Ay-en Subdivision, Dagupan Weste, Tabuk City. PMSg. Gler
Gumpad and PSSg Dexter Pingi immediately proceeded to the house of the
suspects and parked their car some three (300) meters away. They walked towards
the suspects’ house together with the informer. When they reached the house, they
peeped inside through a small window and saw one man and one woman
repacking suspected marijuana. They entered the house and introduced themselves
as police officers to the occupants and thereupon confiscated the tea bags and
some drug paraphernalia. They arrested the two (2) who turned out to be the
accused Daniel Buslig and Princess Amangao. The accused were charged with
violation of the Dangerous Drugs Act. The accused argue that their arrest and the
subsequent search of their residence are both illegal. Rule on the arguments of the
accused. (10 points)

12. Give two (2) examples of situations where there was waiver of the right
against unreasonable searches and seizures. Explain substantially. (5 points)

13. Define and briefly explain the following:

a. John Doe Warrants;

b. Scatter-shot Warrants;
c. Exclusionary Rule (Fruit of the Poisonous Tree); and

d. Terry Search. (20 points)