SECTION 2 - Unreasonable Searches & Seizures

Question 1

Sec. 2.
The right of the people to be secure in their __________, ____________, ___________, and __________ 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.

Answer 1

persons, houses, papers, and effects

Question 2

** Simple terms
Before a police officer can arrest or search a person, he must first _______________________.

Without it, any evidence that can be obtained by such shall become ____________ evidence in court.

Answer 2

secure a warrant of arrest or search warrant;

inadmissible.

Question 3

Elements of a good evidence

Answer 3

1. Relevant
2. Material
3. Competent

Question 4

Search Warrant
- Order in writing
- Issued in the name of the people of the Philippines
- Signed by a judge
- Directed to a peace officer
- Commanding him to ___________for certain personal property, and ________________.

Answer 4

search ; bring it to court

Question 5

Warrant of arrest
- Order in writing
- Issued in the name of the people of the Philippines
- Signed by a judge
- Directed to a peace officer
- Commanding him to ______________. To take him into ______________ in order that he may be bound to answer.

Answer 5

arrest; custody

Question 6

Scope of protection
1. Persons
- _____________ , regardless of citizenship. Whether accused of a crime or not.
- _______________________ are covered.

Answer 6

Everybody;
Private corporations.

Question 7

Scope of protection
2. Houses
- Not limited to dwelling, it extends to a _____________________________________.

• Not to _________________ and fields belonging to one

Answer 7

garage, warehouse, shop, store, office, even safety deposit vault;

open spaces

Question 8

Scope of protection
3. Papers and effects
- ______________ letters and packages in the mail
- May be opened and examined only in pursuance of a ________________________.

Answer 8

Sealed;
valid search warrant.

Question 9

When search and seizure unreasonable
● General rule: __________________________
● Exception: instances where warrantless
searches and seizures or arrests is allows

Answer 9

no search warrant/warrant of arrest = illegal = unreasonable

Question 10

Requisites of a valid search warrant:
● Issued upon ________________
● Probable cause (PC) determined ______________
● Determination of PC made _______________ of the complainant and the witnesses he may produce; and
● Warrant must _________________________________ to be seized.

Answer 10

• probable cause;
• personally by judge
• after examination by the judge
• particularly describe place to be searched, and persons or things

Question 11

Probable cause
1. Such _______________________ antecedent to the issuance of a warrant sufficient in themselves to induce a cautious man to rely upon them and act in pursuance thereof.

2. Presupposes ____________________ that party against whom a warrant is sought to be issues has performed particular acts or committed specific omissions, violating a given provision of our criminal laws.

Answer 11

facts and circumstances;
competent proof

Question 12

Sufficiency of affidavit which warrant is based:
1.
2.

Answer 12

1. Test of Sufficiency of Affidavit
2. Basis of Affidavit

Question 13

Sufficiency of affidavit which warrant is based:

1. Test of Sufficiency of Affidavit
   - Whether it had been drawn in such a manner that ___________________ thereon and affiant be held liable for damages caused in case his declarations are found to be __________.

Answer 13

perjury could be charged;
fake

Question 14

Sufficiency of affidavit which warrant is based:

2. ## Basis of Affidavit-

Answer 14

• personal knowledge or information
• Insufficient if based on mere information from other people, or belief, or on mere hearsay

Question 15

______________ - a written statement confirmed by oath or affirmation used as an evidence before the court without the need for in person testimony.

Answer 15

Affidavit

Question 16

Sufficiency of description
1. Place
- Sufficient if the officer can, with reasonable effort, __________ and __________ the place intended

Answer 16

ascertain and identify

Question 17

Sufficiency of description
2. Persons
- Named.
- Otherwise, must contain ________________ or such as will enable the officer to identity the accused

Answer 17

description of the person

Question 18

Sufficiency of description
3. Property
- Specific only in so far as the circumstances will ordinarily allow
- Based on its nature, description may be _____________ and _________________ is not required.

Answer 18

general and a technical description

Question 19

Ex:
a. “that there being kept in said premises
books, receipts, lists, charts, and other
papers used by him in connection with his
activities as money lender, charging a
usurious rate of interest, in violation of the
law.” – considered _____________ as it enabled
the officer to identify the articles.

Answer 19

sufficient

Question 20

Ex:
b. “financial records, records, vouchers, xxx
and/or typewriters showing all business
transactions including disbursements,
receipts, balance sheets and related profits
and loss statements” – ___________ as it
authorized the taking of records pertaining to
all business transactions of the person
named regardless of whether transactions
were legal or illegal. - _________________

Answer 20

invalid;
general warrant

Question 21

Right against unreasonable search and seizure is
personal

● Proper party to invoke right

Ex: a. The owner, lessee, or lawful
occupant or premises searched can
raise question

Answer 21

• Only by the party whose personal
  rights were involved

Question 22

Right against unreasonable search and seizure is
personal

● Right subject to waiver

Answer 22

• Consent may be given, expressly or
  impliedly

Question 23

Right against unreasonable search and seizure is
personal:
-
-

Answer 23

• Proper party to invoke right
• Right subject to waiver

Question 24

Lawful warrantless search and seizure:
1. With ____________________
2. Search is an ____________________
3. Contraband or forfeited goods _____________________________, where reasonable cause to believe latter contains them, in view of difficulty attendant to securing a search warrant
4. Possession of articles is disclosed to ___________ or is open to eye and hand
5. Incident to inspection, supervision and regulation in the exercise of ______________
6. ________________ made at the border or
ports of entry.
7. ________________ and _____________ circumstances.

Answer 24

1. consent or waiver
2. incident to lawful arrest
3. being transported by ship, automobile, or other vehicle
4. plain view
5. police power
6. Routine searches
7. Exigent and emergency

Question 25

Military and police checkpoints: 1. Not illegal, per se as long as inspection is ________________________ – visual inspection/flashing light. 2. No _____________________ 3. Occupants not asked to ____________________ 4. Not compelled to ________________________ of the car, or any compartment therein. 5. Soldiers, including those who man checkpoints, who _________ their authority act beyond the scope of their authority and are, therefore, ______________________ for their abusive acts.

Answer 25

1. only visual routine checks 2. body search 3. step outside the vehicle 4. open the trunk or glove compartment 5. abuse; liable criminally and civilly

Question 26

TRUE OR FALSE Lawful Warrantless arrest may be only be done by a peace officer.

Answer 26

FALSE. Lawful Warrantless arrest may be done by a peace officer or a private citizen.

Question 27

Lawful Warrantless arrest: a. When, in his presence, the person ____________________, ____________________, or _______________________ an offense b. When an offense has in fact ________________________ and he has ________________________ indicating that the person to be arrested has committed it. c. When the person is a prisoner who ________________ from penal establishment of temporary confinement, or during ____________.

Answer 27

a. has committed, is actually committing, or is attempting to commit b. just been committed and personal knowledge of facts c. escaped ..., or transfer