Searches and Siezures

Art. III, Sec. 2 of the Constitution

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 persons or things to be seized.
*any evidence obtained in violation of
this section shall be inadmissible for
any purpose in any proceeding.
Scope of Protection
- all persons, including aliens,
whether accused of crime or not.
-artificial persons, although they
are requires to open their books in the
exercise of police power or power of
taxation.
The right is PERSONAL and be invoked
by the persons entitled to it.
Requisites of a valid warrant
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 to be seized.
Probable cause referring to 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.
*Warrant must refer to only one
specific offense.
A judge may issue a warrant of arrest
only if he is satisfied from the
investigation conducted by him or the
prosecutor that there is probable
cause.
Procedure in determination of
probable cause
1. He shall personally evaluate the
report and the supporting
documents submitted by the
fiscal regarding the existence of
probable cause
2. If on the basis thereof he finds
no probable cause, he may
disregard the fiscals 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.
*Evidence offered by the complainant
and his witnesses should be based on
their personal knowledge.