Search and Seizure - Balio

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SEARCH AND

SEIZURE
Article III, Section 2
Section 2. 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.
SCOPE OF PROTECTION

PERSON HOUSES PAPERS AND


EFFECTS
WARRANT OF ARREST
An arrest warrant is a document

SEARCH WARRANT AND


issued by a judge or magistrate

WARRANT OF ARREST
that authorizes the police to take
someone accused of a crime
into custody.

SEARCH WARRANT
A search warrant is an order in writing,
issued in the name of the People of the
Philippine Islands, signed by a judge or
a justice of the peace, and directed to a
peace officer, commanding him to
search for personal property and bring
it before the court.
REQUISITES OF SEARCH WARRANT
OR WARRANT OF ARREST

1. There must be probable cause;


2. The probable cause must be determined
personally by a judge;
3. It must be issued after examination ,
under oath or affirmation, by the judge of
complainant and other witnesses he may
provide;
4. The complainant and the witnesses must
testify on facts personally known to them;
and
5. The warrant must particularly describe the
place to be searched and the persons or
things to be seized.
REQUISITES OF SEARCH WARRANT
OR WARRANT OF ARREST

1. There must be probable cause;


2. The probable cause must be determined
personally by a judge;
3. It must be issued after examination ,
under oath or affirmation, by the judge of
complainant and other witnesses he may
provide;
4. The complainant and the witnesses must
testify on facts personally known to them;
and
5. The warrant must particularly describe the
place to be searched and the persons or
things to be seized.
CITIZEN’S ARREST
Citizen’s Arrest is an arrest made
without a warrant by a person who is
not a police officer.

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