Substantive Due Process

(7) Roxas v. Macapagal-Arroyo 630 SCRA 211

10. Equal Protection of the Law

(7) Goesart v. Cleary - 335 US 464

Section 2. The right to 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.
1. Purpose of Section 2
2. Scope of the Protection
(7) People v. Marti, 193 SCRA 57
3. Requisites for a Valid Warrant
A. Probable Cause
II. Who Determines Probable Cause?
(7) People v. CA, GR 126005, Jan 21, 1999
III. Kind of Evidence Needed to Establish Probable Cause

B. Personally Determined by the Judge

(7) People v. Delgado, 189 SCRA 715

C. Personal Examination (After Examination Under Oath or Affirmation the Complainant and the
Witnesses He May Produce)

D. Particularity of Description
(7) Corro v. Lising 137 SCRA 541

4. Only a Judge May Issue a Warrant

(7) Tron Van Nyhia v. Liway, 175 SCRA 318
(5) People v. Oliver Edano, GR No. 188133, 729 SCRA 255, July 7, 2014
B. When is a search a search?
(7) Guazon v. De Villa 181 SCRA 623

D. Instances of Warrantless Searches and Seizures

List:

i. Incidental to a Lawful Arrest

Sec. 12 Rule 16, Rules of Court
Two Requisites:
1. Item to be searched was within the arrestees custody or area of immediate control.
2. Search was contemporaneous with an arrest.
(7) People v. Cuenco GR 128277, Nov. 16, 1998
ii. Plain View
Requisites:
1. Prior valid intrusion
2. Evidence was inadvertently discovered by the police
3. Illegality of the evidence is immediately apparent; and
4. Noticed without further search.
iii. Moving Vehicle
There must be a highly reasonable suspicion amounting to probable cause that the occupant
committed a criminal activity.

(7) People v. Malmstedt, GR 91107, June 19, 1991

iv. Consent/Waiver
Requisites:
1.It must appear that the right exists.
2. The person involved had knowledge, either actual or constructive, of the existence of the right.
3. The person had actual intention to relinquish the right.
v. Customs Search
(7) Papa v. Mago, 22 SCRA 857

Substantive Due Process

(7) Roxas v. Macapagal-Arroyo 630 SCRA 211

10. Equal Protection of the Law

(7) Goesart v. Cleary - 335 US 464
2. Scope of the Protection
(7) People v. Marti, 193 SCRA 57
II. Who Determines Probable Cause?
(7) People v. CA, GR 126005, Jan 21, 1999
B. Personally Determined by the Judge
(7) People v. Delgado, 189 SCRA 715
D. Particularity of Description
(7) Corro v. Lising 137 SCRA 541
4. Only a Judge May Issue a Warrant
(7) Tron Van Nyhia v. Liway, 175 SCRA 318

B. When is a search a search?

(7) Guazon v. De Villa 181 SCRA 623
i. Incidental to a Lawful Arrest
Sec. 12 Rule 16, Rules of Court
(7) People v. Cuenco GR 128277, Nov. 16, 1998
iii. Moving Vehicle

(7) People v. Malmstedt, GR 91107, June 19, 1991

v. Customs Search
(7) Papa v. Mago, 22 SCRA 857