Searches & Seizures

CHAPTER 10

SEARCHES AND SEIZURE

SCOPE OF PROTECTION

-          Available to all persons, including aliens, whether accused of crime or not

-          Artificial persons are also entitled to the guaranty, although they may be required to open their books of accounts for examination by the State in the exercise of the police power or the power of taxation

-          GR: Premises may not be searched nor may their papers and effects seized except by virtue of a valid warrant

-          Personal, may be invoked only by the person entitled to it

-          Extends not only to the privacy of one’s home but also to his office or business establishment, including the papers and effects that may be found there

REQUISITES OF A VALID WARRANT

1.       It must be based upon probable cause

-          Probable cause

·         Such facts and circumstances antecedent to the issuance of the warrant that in themselves are sufficient to induce a cautious man to rely on them and act in pursuance thereof

·         Consists of a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing accused to be committing the offense or to be guilty of the offense

·         The knowledge of facts, actual or apparent, strong enough to justify a reasonable man in the belief that he has lawful grounds for prosecuting defendant in the manner complained of, the concurrence of facts and circumstances reasonably warranting the belief

·         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 offenses are in the place sought to be searched

-          The warrant must refer to only one specific offense and must have been first issued before the search or seizure

2.       The probable cause must be determined personally by the judge

Issuing of the warrant of arrest is not a 

-          ministerial function of the judge who had the right to determine for himself the existence of probable cause

-          Does not necessarily mean that the Constitution requires the judge to personally examine the complainant and his witnesses in his determination of probable cause, what the Constitution underscores is the exclusive personal responsibility of the issuing judge to satisfy himself of the existence of probable cause

-          He shall personally evaluate the report and the supporting documents submitted by the fiscal regarding the existence of probable cause and on the basis thereof, issue a warrant of arrest

-          If on the basis thereof he finds no probable cause, he may disregard the fiscal’s report and require the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of probable cause

-          The judge should not rely on the recommendations alone of the prosecutor but must independently arrive at his own conclusion based not only on the bare report of the prosecutor but also on other relevant documents

-          Warrants may be issued by administrative authorities only for the purpose of carrying out a final finding of a violation of law and not for the sole purpose of investigation or prosecution

1.       The determination must be made after examination under oath or affirmation of the complainant and the witnesses he may produce

-          The evidence offered by the complainant and his witnesses should be based on their own personal knowledge and not on mere information or belief. Hearsay is not allowed.

-          The affidavits, to be considered sufficient, should be drawn in such a manner that the affiant could be charged with perjury if the allegations contained therein are found to be untrue

-          The Constitution requires no less than personal knowledge by the complainant or his witnesses of the facts upon which the issuance of a search warrant may be justified

-          Mere affidavits of the complainant and his witnesses are not enough to sustain the issuance of a search warrant. The judge must take depositions in writing attach them to the record as these are necessary to enable the court to determine the existence of probable cause

2.       It must particularly describe the place to be searched and the persons or things to be seized

-          Ideally, the person sought to be seized should be identified

-          XPN: if there is some description personae that will enable the officer to identify the accused

-          A description of a place to be searched is sufficient if the officer with the warrant can, with reasonable effort, ascertain and identify the place intended

-          Where by the nature of the articles to be seized their description must be rather general, it is not required that a technical description be given

-          Only articles particularly described in the warrant can be seized, and no other property can be taken thereunder unless it is prohibited by law

PROPERTIES SUBJECT TO SEIZURE

1.       Property subject of the offense

2.       Property stolen or embezzled and other proceeds or fruits of the offense

3.       Property used or intended to be used as the means of committing an offense

 

·         The return of these goods, even if illegally seized, may not be ordered by the court.

ADMISSIBILITY OF ILEGALLY SEIZED EVIDENCE

·         The fruit of the poisonous tree

·         Reason for inadmissibility: If the applicant for a search warrant has competent evidence to establish probable cause of the commission of a given crime by the party against whom the warrant is intended, then there is no reason why the applicant should not comply with the requirement of the fundamental law

·         If the said property is the subject of litigation, it will remain in custodia legis

·         Although evidence illegally seized is inadmissible for any purpose in any proceeding it may nonetheless be used in the judicial or administrative action that may be filed against the officer responsible for its illegal seizure

·         Where the accused did not raise the issue of the inadmissibility of the evidence against him, such omission constituted a waiver of the protections granted by this section

 

WARRANTLESS SEARCHES AND SEIZURE

Instances when a peace officer or even a private person may, without a warrant, arrest a person:

1.       When such person has in fact just committed, is actually committing, or is attempting to commit an offense in his presence

2.       When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested had committed it

3.       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

-          A warrantless search incidental to a lawful arrest may be made only within the permissible area of search, or the place within the immediate control of the person being arrested

-          When an officer is justified in believing that the individual whose suspicious behavior he is investigating at close range is presently dangerous to the officer or to others, he may conduct a limited protective search for concealed weapons.

-          Purpose of limited protective search:  To allow the officer to pursue his investigation without risk of violence.

-          An arrest may also be made without warrant where the right thereto is waived by the person arrested, provided he knew of such right and knowingly decided not to invoke it. (EXPRESS INFORMED WAIVER) But no waiver is to be presumed where the person merely submits to the arresting officer in manifestation of his respect for authority or where he allows entry into his home as a sign of hospitality and politeness.

-          Searches and seizure without warrant of vessels and aircraft for violation of custom laws have been the traditional exception to the constitutional requirement because the vessel can moved out of the locality or jurisdiction in which the search must be sought before the warrant could be secured. The same rule has been applied to land vehicles.

-          Prohibited articles within plain view, “open to eye hand” of the law-enforcement officer who comes upon them inadvertently may also seized by him even without warrant

-          An accused is estopped from questioning the legality of his arrest when he never raised it before entering his plea

Valid warrantless searches are limited to:

1.       Custom searches

2.       Searches of moving vehicles

3.       Seizure of evidence in plain view

4.       Consent searches

5.       Searches incidental to a lawful arrest

6.       Stop and frisk

PRIVACY OF COMMUNICATION AND CORRESPONDENCE

·         Taken from the Malolos Constitution

·         Rules out eavesdropping on private conversations through the use of electronic gadgets and thus covers with its protection even intangible things

·         The use of these records is permitted only in civil and criminal proceedings involving certain specified offenses, mainly those affecting national security

·         These acts may be done only upon previous written authorization by the court, to be issued upon compliance with the constitutional requirements for the issuance of a warrant, and shall be effective for only 60 days.