H.

Particularity of the place to be searched and things to be seized

I. Personal property to be seized

J. Exception to the Search Warrant Requirement

1.) As incident of lawful arrest

2.) Plain view doctrine
3.) Search of moving vehicle
 4.) Searches conducted in checkpoints
5.) Consented warrantless searches
6.) Customs searches
7.) Stop and frisk
8.) In flagrante delicto
9.) Hot pursuit
10.) Prisoners who has escaped from a penal establishment

1.) WARRANTLESS SEARCH INCIDENTAL TO A LAWFUL ARREST

Section 13.  Search incident to lawful arrest. — A person lawfully arrested may be searched for dangerous
weapons or anything which may have been used or constitute proof in the commission of an offense without a
search warrant.

‣ When a person is validly arrested, he may be searched for weapons or for anything which may be used as proof
of the commission of the offense. This must be done on his person or in the immediate place of arrest.
Objects subject during a search incidental to an arrest
1.) Dangerous weapons
2.) Anything which may have been used in the commission of an offense
3.) for anything which constitute proof in the commission of an offense

‣ This is recognized under the Rules of Court and by prevailing jurisprudence.

‣ SEE — Rule 126, Sec. 13 of the Rules of Criminal Procedure — Search incident to lawful arrest. — A person
lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute
proof in the commission of an offense without a search warrant.
‣ REQUISITES —
a. The arrest must take place before the search and seizure
b. Arrest must be valid, either with a warrant or without but falls under the exceptions
‣ RATIONALE —
1. The need to disarm the suspect in order to take him into custody
2. The need to preserve evidence for later use at trial. (Luz vs People 2012)
‣ The law requires that there be first a lawful arrest before a search can be made - the process cannot be reversed .
(People vs De Los Reyes 2011)
‣ The search can only be made at the place where the person was arrested and covers weapons or anything that
can be used as proof against him.
‣ The better and established rule is a strict application of the exception provided in Rule 126, sec. 13 and that is to
absolutely limit a warrantless search of a person who is lawfully arrested to his or her person at the time of and
incident to his or her arrest and to "dangerous weapons or anything which may be used as proof of the
commission of the offense." Such warrantless search obviously cannot be made in a place other than the place of
arrest. (Nolasco vs Pano 1987)