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 or warrant of
arrest shall issue 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
A search and seizure operation is
allowed and legal when it is covered
by a valid search warrant issued by
the court. Normally, a search
warrant should be used only during
day time. Otherwise, the search
warrant must specifically indicate
that it can be used day or night.
The search warrant is only
valid for ten (10) days from the
date it was issued.
Police officers must identify themselves;
show the Search Warrant to the owner,
custodian or occupant of the house,
building, or property to be searched; and
explain the purpose and legality of the
said search operation. When the owner
or custodian refuses to cooperate or
denies entry, the police officers (search
party) can forcibly enter the property.
Illegal items or contraband may also be
seized by police officers even if these
are not covered by the search warrant
as long as the said items are in plain
view. Police officers or members of the
search party are required to present an
official receipt for all items taken or
seized.
After arresting a person (for example,
during a traffic stop or checkpoint
operation), police officers can frisk the
arrested person and conduct search
and seizure of illegal items, materials
that can be used as evidence, and
deadly weapons, or any other object
that pose a threat to the police officer
and
to the public.
All arrests should be made only on the
basis of a valid Warrant of Arrest
issued by a competent authority, except
in instances where the law allows
warrantless arrest. No violence or
unnecessary force shall be used in
making an arrest, and the person to be
arrested shall not be subjected to any
greater restraint than what is necessary
under the circumstances.
A peace officer or a private person may, without a
warrant, arrest a person:

a. When, in his presence, the person to be arrested

has committed, is actually committing, or is
attempting to commit an offense;
b. When an offense has just been committed and he
has probable cause to believe, based on personal
knowledge of facts or circumstances, that the person
to be arrested
has committed it; and
c. When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
where he is serving final judgment or temporarily
Human
Rights
Violati
ons
Thank You.