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    Article III Bill of Rights Section 2: "Right Against Unreasonable Arrest, Search and Seizure"

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    lezlie joyce laboreda
    Section 2 of Article III of the Bill of Rights states that people have the right to be secure in their persons, houses, papers, and effects from unreasonable searches and seizures. A search warrant or warrant of arrest can only be issued by a judge based on probable cause determined under oath. This protection applies to citizens and aliens in their persons, houses, garages, warehouses, and sealed mail. Arrest and search are generally only allowed with a warrant, but there are exceptions for searches incident to lawful arrest, Terry searches for weapons, and searches with consent.

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    Article III Bill of Rights Section 2: "Right Against Unreasonable Arrest, Search and Seizure"

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    lezlie joyce laboreda
    28 views15 pages
    Section 2 of Article III of the Bill of Rights states that people have the right to be secure in their persons, houses, papers, and effects from unreasonable searches and seizures. A search warrant or warrant of arrest can only be issued by a judge based on probable cause determined under oath. This protection applies to citizens and aliens in their persons, houses, garages, warehouses, and sealed mail. Arrest and search are generally only allowed with a warrant, but there are exceptions for searches incident to lawful arrest, Terry searches for weapons, and searches with consent.

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    Section 2 of Article III of the Bill of Rights states that people have the right to be secure in their persons, houses, papers, and effects from unreasonable searches and seizures. A search warrant or warrant of arrest can only be issued by a judge based on probable cause determined under oath. This protection applies to citizens and aliens in their persons, houses, garages, warehouses, and sealed mail. Arrest and search are generally only allowed with a warrant, but there are exceptions for searches incident to lawful arrest, Terry searches for weapons, and searches with consent.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    28 views15 pages

    Article III Bill of Rights Section 2: "Right Against Unreasonable Arrest, Search and Seizure"

    Uploaded by

    lezlie joyce laboreda
    Section 2 of Article III of the Bill of Rights states that people have the right to be secure in their persons, houses, papers, and effects from unreasonable searches and seizures. A search warrant or warrant of arrest can only be issued by a judge based on probable cause determined under oath. This protection applies to citizens and aliens in their persons, houses, garages, warehouses, and sealed mail. Arrest and search are generally only allowed with a warrant, but there are exceptions for searches incident to lawful arrest, Terry searches for weapons, and searches with consent.

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    © All Rights Reserved
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    of 15

    Article III Bill of Rights

    Section 2
    “RIGHT AGAINST UNREASONABLE
    ARREST, SEARCH AND SEIZURE”
    SECTION 2 states that:
    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 witness he may produce, particularly
    describing the place to be searched and the persons or things to
    be seized.
    Scope of the Protection
    PERSONS - the protection applies to everybody, to
    citizens as well as aliens in the Philippines,
    whether accused of crime or not.

    HOUSES - the protection is not limited to dwelling


    houses but extends to a garage, warehouse, shop,
    store, office, and even a safety deposit vault.

    PAPERS AND EFFECT - they include sealed letters


    and packages in the mail.
    Meaning of Search Warrant and Warrant of Arrest
    SEARCH WARRANT - is an order in writing, issued in the name of the
    People of the Philippines, signed by a judge and directed to a peace
    officer, commanding him to search for certain personal property and
    bring it before the court.

    WARRANT OF ARREST - a written order issued by the judge to arrest a


    person or take him into custody to make him answer for an offense in
    violation of a law.
    Requisites for valid search warrant or
    warrant of arrest
    1. It must be issued upon probable cause;
    2. The probable cause must be determined
    personally by the judge;
    3. Such judge must examine under oath or
    affirmation, the complainant and the witnesses he
    may produce to determine the existence of
    probable cause;
    4. The warrant must particularly describe the place
    to be searched, and the persons or things to be
    seized.
    Right against unreasonable search and seizure personal
    1. Proper party to invoke right - the legality of a search and
    seizure can be contested only by the party whose personal
    rights were involved.
    2. Right subject to waiver - without a proper search warrant, no
    public official has the right to enter the premises of another
    without his consent for the purpose of search and seizure.
    When Is An Arrest Without Warrant
    Lawful?
    Arrest without warrant is strictly
    understand as an exception to the general
    rule requiring warrant. Under the Rules of
    Court, a peace officer or a private person
    may arrest a person even without a
    warrant under the following instances:
    Warrantless Arrest
    IN FRAGRANTE DELICTO ARREST - When, in
    his presence, the person to be arrested has
    committed, is actually committing or is
    attempting to commit an offense.
    Warrantless Arrest
    ARREST OF ESCAPED PRISONERS - When
    the person to be arrested is a prisoner who
    has escaped from penal establishment or
    place where he is serving final judgment.
    Warrantless Arrest
    CITIZEN ARREST - Is an arrest made by a
    person who is not acting as a sworn law-
    enforcement official.
    When Is A Search Without Warrant
    Lawful?

    As search is valid even without a


    warrant, under the following instances:
    Warrantless Searches
    SEARCH INCIDENT
    TO LAWFUL ARREST - A
    person lawfully arrested may
    be searched for dangerous
    weapons or anything that
    may have been used or
    constitute proof in the
    commission of an offense
    without a search warrant.
    Warrantless Searches
    TERRY SEARCH - A justifiable protective search
    for weapons, even in the absence of probable
    cause to arrest, where there is a suspicion that an
    individual is armed and dangerous.
    Warrantless Searches

    CONSENTED SEARCH - are


    searches made by police officers
    based on the voluntary consent
    of the individual whose person
    or property is being searched.
    Warrantless Searches
    INSPECTION OF
    BUILDINGS - and other
    premises for the
    enforcement of fire,
    sanitary and building
    regulation.

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