ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.
Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
CRIMINOLOGY DEPARTMENT
HUMAN RIGHTS LAW
1st Semester A.Y. 2020-2021
MODULE 7
Learning Objectives:
At the end of the module 3, you should able to:
1. Learn the basic concept of searches and seizures;
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 produce, and particularly describing the place
to be searched and the person or things to be seized.
General Rule: Search and seizures are unreasonable UNLESS
authorized by a validly issued search warrant or warrant of
arrest
Requisites for a valid warrant:
CODE: P J E D One
a. It must be issued upon PROBABLE CAUSE.
b. The existence of probable cause is determined personally by
the JUDGE.
c. The judge must EXAMINE UNDER OATH the complainant and the
witnesses he may produce.
d. The warrant must PARTICULARLY DESCRIBE the place to be
searched and person or things to be seized.
MODULE 7 Page 1
e. It must be in connection with One specific offense.
“PROBABLE CAUSE”
For the issuance of a warrant of arrest:
Probable cause refers to such facts and circumstances, which
would lead a reasonably discreet and prudent man to believe that
an offense has been committed by the person sought to be
arrested.
For the issuance of a search warrant:
Probable cause would mean such facts and circumstances, which
would lead a reasonably discreet and prudent man to believe that
an offense has been committed and that the objects sought in
connection with the offense are in the place to be searched.
NOTE: Probable cause for the issuance of a search
warrant does NOT require that the probable guilt of a
specific offender be established, unlike in the case of
a warrant of arrest.
Existence of probable cause “DETERMINED PERSONALLY BY THE JUDGE”
Procedure:
The judge personally evaluates the report and supporting
documents submitted by the prosecutor regarding the existence of
probable cause and, on the basis thereof, issue a warrant of
arrest or if on the basis thereof, the judge finds no probable
cause, he may disregard the prosecutor’s report and require the
MODULE 7 Page 2
submission of supporting affidavits of witnesses to aid him in
arriving at the conclusion as to the existence of probable cause.
JOHN DOE WARRANT
A “John Doe” warrant can satisfy the requirement of particularity
of description if it contains a description personae such as will
enable the officer to identify the accused (People v. Veloso, 48
Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any specific acts
or omissions constituting the offense charged in the application
for the issuance of the warrant. It contravenes the explicit
demand of the Bill of Rights that the things to be seized be
particularly described.
VALID WARRANTLESS SEARCH
Search made as an Incident to lawful arrest
A. An officer making an arrest may take from the person arrested:
i. Any money or property found upon his person which was used in
the commission of the offense or
ii. Was the fruit thereof or
iii. Which might furnish the prisoner with the means of
committing violence or escaping or
iv. Which may be used in evidence in the trial of the case
B. The search must be made simultaneously with the arrest and it
may only be made in the area within the immediate control of the
person arrested
MODULE 7 Page 3
Search of Moving vehicles
A. This exception is based on exigency. Thus, if there is time to
obtain a warrant in order to search the vehicle, a warrant must
first be obtained.
B. The search of a moving vehicle must be based on
probable cause.
Seizure of goods concealed to avoid Customs duties/authorized
under the Tariffs and Customs Code
A. The Tariffs and Customs Code authorizes persons having police
authority under the Code to effect search and seizures without a
search warrant to enforce customs laws.
B. Exception: A search warrant is required for the
search of a dwelling house.
C. Searches under this exception include searches at borders and
ports of entry. Searches in these areas do not require the
existence of probable cause
Seizure of evidence in Plain view
A. There was a prior valid intrusion;
B. The evidence was inadvertently discovered;
C. The evidence is immediately apparent;
MODULE 7 Page 4
D. Plain view is justified seizure without further search.
(People v. Valdez, 341 SCRA 25)
Waiver of right
A. Requisites of a valid waiver:
i. The right exists.
ii. The person had actual or constructive knowledge of the
existence of such right.
iii. There is an actual intention to relinquish such
right
B. The right against unreasonable searches and seizures is a
personal right. Thus, only the person being searched can waive
the same.
C. Waiver requires a positive act from the person. Mere absence
of opposition is not a waiver.
D. The search made pursuant to the waiver must be
made within the scope of the waiver.
Armed Conflict (wartime)
Others
A. Conduct of "Areal Target Zone" and "Saturation Drives" in the
exercise of military powers of the President (Guazon vs. De
Villa, 181 SCRA 623)
B. Checkpoints (Valmonte vs. De Villa, 178 SCRA
211)
REQUISITES:
MODULE 7 Page 5
CODE: P.A.L.V.
1. Abnormal times
2. Limited to visual search
3. Vehicle not searched
4. Passengers not subjected to body search
C. Stop and Frisk
Even before an arrest, when an officer is justified in
believing that the individual whose suspicious behavior he is
investigating at close range is presently dangerous, he may
conduct a limited protective search.
The purpose of this limited search is not to discover evidence of
a crime but to allow the officer to pursue his investigation
without risk of violence.
D. Exigent and emergency circumstances best illustrated in People
v. De Gracia (233 SCRA 716), where a warrantless search was
allowed where there was a prevailing general chaos and disorder
because of an ongoing coup.
NOTE:
Carroll rule: warrantless search of a vehicle that can be quickly
moved out of the locality or jurisdiction is valid
The 1987 Constitution has returned to the 1935 rule that warrants
may be issued only by judges, but the Commissioner of Immigration
may order the arrest of an alien in order to carry out a FINAL
deportation order.
INSTANCES WHEN WARRANTLESS ARRESTS
ARE VALID:
MODULE 7 Page 6
a. When the person to be arrested has committed, is actually
committing, or is about to commit an offense in the presence of
the arresting officer.
b. When an offense has in fact just been committed and the
arresting officer has probable cause to believe based on personal
knowledge of facts and circumstances indicating that the person
to be arrested has committed it.
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 confined while his case is pending, or
has escaped while being transferred from one confinement to
another.
Waiver of an invalid arrest: When a person who is detained
applies for bail, he is deemed to have waived any irregularity
which may have occurred in relation to his arrest. However, when
a person who is detained applies for bail, before he enters a
plea, he is not barred from later questioning the legality of
his arrest.
Hot pursuit
A. The pursuit of the offender by the arresting officer
must be continuous from the time of the commission of the offense
to the time of the arrest.
B. There must be no supervening event which breaks the continuity
of the chase.
Stop and frisk
MODULE 7 Page 7
When a policeman observes suspicious activity, which leads him to
believe that a crime is about to be committed, he can investigate
the suspicious looking person and may frisk him for weapons as a
measure of self-protection. Should he find, however, a weapon on
the suspect, which is unlicensed, he can arrest such person then
and there for having committed an
offense in the officer’s presence.
NOTE: Probable cause is the minimal requirement for
the validity of either a warrantless arrest or a
warrantless search.
MODULE 7 Page 8
ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.
Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
CRIMINOLOGY DEPARTMENT
ACTIVITY NO. 7
NAME:__________________________________ RATING:________________
SECTION:_________ DATE:__________ PROFESSOR:___________________
INSTRUCTION. Answer the following questions briefly. Utilization
of additional sheet of paper if necessary is permissible. (10 pts
each)
1. Explain the concept of unreasonable search and seizure.
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
_______________________________________________
2. Enumerate and give an example of a valid warrantless search
and seizure?
____________________________________________________________
____________________________________________________________
____________________________________________________________
________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
________________________________________________________
MODULE 7 Page 9
