Module 3.4: Search and Seizure

1. Learning Objectives

After completing this module, you should be able to:

Understand the constitutional and procedural basis of search and seizure in the Philippines.
Identify the requisites for the issuance of a valid search warrant.
Differentiate between a valid search warrant and a general warrant.
Enumerate and explain the exceptions to the rule requiring a search warrant.
Understand the procedure for serving a search warrant and the remedies against an unlawful search.

2. CONSTITUTIONAL BASIS

Article III, Section 2, 1987 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."

Right against unreasonable searches and seizures

This is a fundamental right that protects the privacy and sanctity of the person, home, and belongings from arbitrary intrusions by the State. It is a personal right that can be waived only by the individual whose rights are invaded, not by one who is not a real party in interest.

Exclusionary rule (fruit of the poisonous tree)

Any evidence obtained in violation of this right is inadmissible for any purpose in any proceeding. This is known as the "fruit of the poisonous tree" doctrine.

3. SEARCH WARRANT (Rule 126)

A. DEFINITION

A 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 personal property described therein and bring it before the court.

B. REQUISITES FOR ISSUANCE

Probable cause: There must be a probable cause in connection with one specific offense.
Determined personally by the judge: The probable cause must be personally determined by the judge.
Examination under oath: The determination must be made after examination under oath or affirmation of the complainant and the witnesses he may produce.
Particular description of place and things: The warrant must particularly describe the place to be searched and the persons or things to be seized.

C. PROBABLE CAUSE

Definition: Such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched.
How determined: By the judge, after personally examining the complainant and witnesses. The examination must be in the form of searching questions and answers, in writing and under oath.
Personal examination by judge: The judge must not simply rely on the affidavits of the complainant and witnesses. He must personally examine them.

D. PARTICULAR DESCRIPTION REQUIREMENT

Place to be searched: The description of the place must be so particular that the officer with the warrant can, with reasonable effort, ascertain and identify the place intended.
Things to be seized: The description of the things to be seized must be so particular that the officer is left with no discretion as to what articles he shall seize.
General warrants (void): A warrant that does not particularly describe the things to be seized is a general warrant and is void.

E. VALIDITY OF SEARCH WARRANT

10 days from issuance: A search warrant shall be valid for 10 days from its date. Thereafter, it shall be void.
Time of search (daytime rule, exceptions): The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night.

F. PERSONAL PROPERTY TO BE SEIZED

Subject of the offense;
Stolen or embezzled and other proceeds, or fruits of the offense; or
Used or intended to be used as the means of committing an offense.
Possessed in violation of law (e.g. illegal drugs, unlicensed firearms).

4. WARRANTLESS SEARCHES (VALID EXCEPTIONS)

A. Search incidental 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. The search must be contemporaneous to the arrest and within the immediate control of the person arrested.

B. Plain view doctrine

Objects falling in the "plain view" of an officer who has a right to be in the position to have that view are subject to seizure and may be presented as evidence.

C. Search of moving vehicle

A moving vehicle can be searched without a warrant because the need to search is immediate and it is not practicable to secure a warrant.

D. Consented search (waiver)

A person may voluntarily waive his right against unreasonable searches. The consent must be unequivocal, specific, and intelligently given, uncontaminated by any duress or coercion.

E. Customs search

Searches of persons and baggage at customs are allowed without a warrant, as part of the sovereign's power to regulate the entry of persons and goods.

F. Stop and frisk (Terry search)

A police officer may stop a person for the purpose of investigating a possible criminal behavior, and may conduct a limited search for weapons if he has reason to believe that the person is armed and dangerous.

G. Emergency/exigent circumstances

In cases of emergency, where there is a compelling reason to believe that a crime is being committed and there is no time to secure a warrant, a warrantless search may be justified.

H. Airport/seaport searches

Routine security checks at airports and seaports are allowed without a warrant.

I. Checkpoint searches (limited)

Routine checkpoint searches are allowed as long as they are conducted in a way that is least intrusive to the public.

5. PROCEDURE IN SERVING SEARCH WARRANT

Officer must give copy: The officer must give a detailed receipt for the property seized to the lawful occupant of the premises, or in his absence, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality.
Receipt for property seized: The officer must also leave a receipt for the property seized in the place in which he found the seized property.
Inventory in presence of witnesses: The officer must make an accurate inventory of the property seized in the presence of the occupant of the house and at least two witnesses.
Return to court: The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath.

6. EXCLUSIONARY RULE

Inadmissibility of illegally obtained evidence: Evidence obtained through an illegal search and seizure is inadmissible in any proceeding.
Exceptions: The rule does not apply if the evidence was obtained by a private individual acting on his own, or if the evidence would have been inevitably discovered by legal means.
Fruit of the poisonous tree doctrine: Any evidence derived from an illegal search is also inadmissible.

7. KNOCK AND ANNOUNCE RULE

The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein.

8. Comparison Table: Search with Warrant vs Warrantless Search

Feature	Search with Warrant	Warrantless Search
Basis	A valid search warrant issued by a judge	One of the recognized exceptions to the warrant rule
Probable Cause	Determined by a judge after examination of evidence	Determined by the police officer on the spot
Scope of Search	Limited to the place and things described in the warrant	Limited by the nature of the exception (e.g., area of immediate control)
Presumption of Validity	Presumed valid	Presumed invalid; burden on the state to prove its legality

9. Important Jurisprudence on Search and Seizure

People v. Marti: The constitutional proscription against unlawful searches and seizures applies only to government actions, not to the acts of private individuals.
People v. Cogaed: A waiver of an illegal warrantless search must be unequivocal, specific, and intelligently given. Mere passive conformity is not enough.
People v. Aruta: A checkpoint search must be limited to a visual inspection. Extensive searches are permissible only if the officers have probable cause to believe that the motorist is a law offender.
Dizon v. CTA: A corporation's right to privacy is not absolute and may be limited by the state's power to tax.
Malacat v. CA: "Stop and frisk" searches are limited to a protective search of the outer clothing for weapons.

10. 25 Multiple Choice Practice Questions with Answer Key and explanations

Which of the following is NOT a requisite for the issuance of a search warrant? a) Probable cause b) Determined personally by the prosecutor c) Examination under oath of the complainant d) Particular description of the place and things
A search warrant is valid for how many days? a) 10 days b) 15 days c) 30 days d) Until the search is completed
The "fruit of the poisonous tree" doctrine states that: a) Evidence obtained illegally is inadmissible. b) Any evidence derived from an illegal search is also inadmissible. c) A search warrant must particularly describe the things to be seized. d) A person lawfully arrested may be searched without a warrant.
Which of the following is NOT a valid exception to the warrant rule? a) Search incidental to a lawful arrest b) Plain view doctrine c) Search of a moving vehicle d) Search based on a reliable tip from an anonymous informant
The "knock and announce" rule means that an officer, before breaking into a house to serve a warrant: a) Must give notice of his purpose and authority. b) Must knock at least three times. c) Must be accompanied by a barangay official. d) Must serve the warrant only in the daytime.
In a "stop and frisk" search, an officer can: a) Conduct a full search of the person's belongings. b) Search for any contraband. c) Conduct a limited protective search for weapons. d) Arrest the person immediately.
Who determines the existence of probable cause for the issuance of a search warrant? a) The police officer b) The prosecutor c) The judge d) The complainant
A general warrant is one that: a) Is valid for an unlimited period. b) Can be used to search any place. c) Does not particularly describe the things to be seized. d) Is issued for a general, unspecified crime.
The exclusionary rule applies to evidence obtained by: a) Government agents b) Private individuals c) Both government agents and private individuals d) Foreign authorities
A search warrant must be served: a) Only in the daytime. b) Only at night. c) In the daytime, unless otherwise directed. d) At any time of the day or night.
What is the purpose of the particularity requirement in a search warrant? a) To prevent general, exploratory searches. b) To ensure that the officer knows what to do. c) To protect the privacy of the person being searched. d) All of the above.
A search incidental to a lawful arrest must be: a) Made before the arrest. b) Made at the police station. c) Contemporaneous to the arrest. d) Conducted by a high-ranking officer.
The "plain view" doctrine requires that: a) The officer has a prior justification for an intrusion. b) The officer inadvertently discovers the evidence. c) It is immediately apparent to the officer that the item is evidence of a crime. d) All of the above.
For a consented search to be valid, the consent must be: a) Given in writing. b) Given in the presence of a lawyer. c) Voluntary, specific, and intelligent. d) Given by the owner of the property.
The constitutional right against unreasonable searches and seizures is primarily intended to protect: a) Privacy b) Property c) Liberty d) Life
A search warrant may be issued for the search and seizure of: a) Property subject of the offense. b) Property stolen or embezzled. c) Property used or intended to be used as the means of committing an offense. d) All of the above.
After executing a search warrant, the officer must: a) Keep the seized items in his custody. b) Return the warrant to the judge who issued it. c) File a case in court immediately. d) Inform the media about the search.
The right against unreasonable searches and seizures can be waived: a) By any person in the house. b) Only by the person whose right is invaded. c) By the head of the family. d) By the barangay captain.
A search of a moving vehicle is justified because: a) The vehicle is smaller than a house. b) It is not practicable to secure a warrant. c) Drivers are presumed to be violating the law. d) The evidence can be easily seen from the outside.
The purpose of the inventory of seized property is to: a) Prevent the planting of evidence. b) Protect the officer from false accusations. c) Ensure that the property is properly accounted for. d) All of the above.
A search warrant is directed to: a) The owner of the house. b) The person to be searched. c) A peace officer. d) The court.
The examination of the complainant and witnesses for the issuance of a search warrant must be: a) In writing and under oath. b) Conducted in open court. c) Recorded on video. d) Witnessed by the person to be searched.
Which of the following is NOT personal property that can be seized under a search warrant? a) Unlicensed firearms b) Shabu c) A person's diary d) Gambling paraphernalia
A warrantless search is presumed to be: a) Valid b) Invalid c) Reasonable d) Unreasonable
The case of People v. Marti established that the exclusionary rule does not apply to searches made by: a) Police officers b) NBI agents c) Private individuals d) Customs officers

Answer Key and Explanations

b) Determined personally by the prosecutor. The probable cause must be determined personally by the judge.
a) 10 days. A search warrant is valid for 10 days from its date.
b) Any evidence derived from an illegal search is also inadmissible. This is the essence of the "fruit of the poisonous tree" doctrine.
d) Search based on a reliable tip from an anonymous informant. A tip from an anonymous informant is not, by itself, sufficient to justify a warrantless search.
a) Must give notice of his purpose and authority. The officer must identify himself and his purpose before forcibly entering a place.
c) Conduct a limited protective search for weapons. A "stop and frisk" is a protective search, not a full search for evidence.
c) The judge. Only a judge can issue a search warrant.
c) Does not particularly describe the things to be seized. A general warrant is unconstitutional because it gives too much discretion to the officer.
a) Government agents. The exclusionary rule is a protection against state action.
c) In the daytime, unless otherwise directed. The law prefers that searches be conducted during the day.
d) All of the above. The particularity requirement serves to limit the discretion of the searching officer and protect privacy.
c) Contemporaneous to the arrest. The search must be done at the time of the arrest.
d) All of the above. These are the three requirements for the plain view doctrine to apply.
c) Voluntary, specific, and intelligent. Consent to a search must be freely given and not the result of coercion.
a) Privacy. The right to be secure in one's person, houses, papers, and effects is a right to privacy.
d) All of the above. These are the kinds of property that can be the subject of a search warrant.
b) Return the warrant to the judge who issued it. The officer must make a return of the warrant, together with an inventory of the seized items.
b) Only by the person whose right is invaded. The right is personal and cannot be waived by another.
b) It is not practicable to secure a warrant. The mobility of a vehicle makes it impractical to obtain a warrant before conducting a search.
d) All of the above. The inventory requirement is a safeguard against abuse by the searching officers.
c) A peace officer. A search warrant is an order to a peace officer to conduct a search.
a) In writing and under oath. The examination of the complainant and witnesses must be recorded and sworn to.
c) A person's diary. A person's private papers and effects are generally not subject to seizure, unless they are used in the commission of a crime.
b) Invalid. The burden is on the state to prove that a warrantless search was lawful.
c) Private individuals. The constitutional protection against unreasonable searches and seizures applies only to the government.