Warrantless Search is Allowed in the Following Instances

Warrantless search is allowed in the following instances: 1. customs searches; 2. searches of moving vehicle; 3. seizure of evidence in plain view; 4. consented searches; 5. search incidental to a lawful arrest; and 6. stop and frisk measures. (PEOPLE VS. ARUTA, 288 SCRA 626) 7. . May a Search Warrant be issued for the crimes of Search Warrant for estafa, falsification, tax evasion and insurance fraud? 8.

No, such would be a “general warrant” and violates the rule that a warrant shall be issued for one (1) specific offense. (Asian Surety vs. Herrera, 54 SCRA 312)

9. 20. What is a “Scatter-shot Warrant”? 10.

It is a search warrant issued for more than one (1) specific offense like a search warrant issued for more than one specific offense like one for estafa, robbery, theft and qualified theft”. (TAMBASEN VS. PEOPLE, July 14, 1995; PEOPLE VS. CA, 216 SCRA 101)

11. What are the requisites of a valid Search Warrant or Warrant of Arrest? 12.

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. (Section 2, Art. III).

13.

In addition, Rule 126 of the Rules on Criminal Procedure requires that no warrant shall be issued for more than one (1) specific offense and that in the implementation of a search warrant when the respondent is not present, witnesses are required. Finally, a Circular issued by the Supreme Court requires that no warrant or warrant of arrest shall be implemented during the night, week-ends or holidays, except in exceptional circumstances.

14. NOTE: Under the Human Security Act/Anti-Terrorism Law, Republic Act No. 9372, Approved on March 6, 2007 and effective on July 15, 2007 (This Law shall be automatically suspended one (1) month before and two (2) months after the holding of any election) a person may be taken into custody by the police if there is a written authorization by the Anti-Terrorism Council and such detention may be extended upon written approval of the Commission of Human Rights in case of actual or imminent terrorist attack. 15. . What are the requisites of a valid search incidental to a valid arrest? 16. As held in NOLASCO VS. PANO, 139 SCRA 541, a search incidental to a valid arrest must be done at the place where the accused is arrested. As such, if accused was arrested while inside a jeepney, there is no valid search incidental to a valid arrest if she will be brought to her residence and thereafter search the said place. Or as held in ESPANO VS. CA, 288 SCRA 588, if the accused was arrested in the street during a buy-bust operation, the search of his house nearby is not a valid search incidental to a valid arrest. 17. . Is a warrantless search and seizure by a private individual valid? 18. Yes, since the constitutional provision is not applicable to him. (PEOPLE OF THE PHILIPPINES VS. ANDRE MARTI, G.R. NO. 81561, January 18, 1991; SILAHIS INTERNATIONAL HOTEL, INC. VS. ROGELIO SOLUTA, ET AL., 482 SCRA 660) 19.