Home Service About Us Contact

ARTICLE III BILL OF

RIGHTS

SECTION 2
RIGHT AGAINST UNREASONABLE ARREST,
SEARCH AND SEIZURE
 Leader
Prince lawrence M. Valentino
Member
Justine Castro
Jerald Feliciano
Ace Rjene Rivera
Mark Khian Lumanog
Ortiza Jesus
Lebrohn Mandani
 Home Service About Us Contact

Article III 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.
 Home Service About Us Contact

As a general rule, before a police officer can arrest or search a person, he

must validly first secure a warrant of arrest or search warrant. Without it, any
evidence that can be obtained by such shall become inadmissible evidence in
court.
 Home Service About Us Contact

Requisites for a valid warrant of arrest or search warrant

• There should be probable cause

• It must be personally determined by a judge
• It should be examined under oath or affirmation of the complainant and
the witness he may produce.
• Place to be searched and the persons or things to be seized should be
particular, not general.
 Home Service About Us Contact

Scope of the protection:

1. Persons - the protection applies to everybody, to citizens as well as aliens

in the philippines, whether accused of crime or not.
2. Houses - The protection is not limited to dwelling houses but extends to a
garage, warehouse, shop, store, office, and even a safety deposit vault.
3. Papers and effects - they include sealed letters and packages in the mail.
 Home Service About Us Contact

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 jugde and directed to a peace officer, commanding
him to search for certain 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.
 Home Service About Us Contact

When Is An Arrest Without Warrant Is Lawful?

• In flagrante delicto
• Hot pursuit
• Escapee
 Home Service About Us Contact

When Is A Search And Seizure Without Warrant Is Lawful?

• Search incident to lawful arrest

• Arrest precedes search
• Consented Search
• Plain-view search
• Checkpoints
• Airports
 Home Service About Us Contact

THANK YOU