CRIM PRO

Question 1

SECTION 2. The right of the people to be secure in their

Answer 1

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 produce, and particularly describing the place to be searched and the persons or things to be seized.

Question 2

GR: Only a judge can issue a warrant (a person trained in the law.)
XPN:

Answer 2

VALID warrantless arrests/searches. (Courts are prone to validating it.)
WARRANTLESS SEARCHES
Stop and Frisk
Plain View
Moving Vehicle
Consented/Waiver
Customs Search
Exigent and Emergency Situation
Search incidental to a lawful arrest

Question 2

SECTION 3. (1) The privacy of communication and correspondence shall be

Answer 2

inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.

Question 2

Requisites of a Valid Warrant

Answer 2

1. It must be based upon PROBABLE CAUSE.
2. The probable cause must be DETERMINED PERSONALLY by the JUDGE.
3. The determination must be made after EXAMINATION UNDER OATH or AFFIRMATION of the COMPLAINANT and the WITNESSES he may produce.
4. It must PARTICULARLY DESCRIBE the PLACE to be searched and the PERSONS or THINGS to be seized. (Must comply with one specific offense rule)

Question 3

Genuine reason

Answer 3

1. Based on extensive experience
2. Acts/Circumstances (at least 2 – smell and shape)

Question 4

Essence of stop and frisk

Answer 4

Police is in a life and death situation

2-point interest
Crime Prevention
Self-preservation

Question 5

hot pursuit

Answer 5

When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it;
Time element of immediacy → just committed
Police Office need not witness the crime because it will now be in flagrante de licto

Question 6

In flagrante de licto

Answer 6

Overt act
The presence of the police officer

Question 7

Hot Pursuit

Answer 7

Immediacy
Probable Cause

*Probable Cause, not Personal Knowledge!
*Raw Information only (by POLICE)