Section 2, Article 3

What to remember in MOVING VEHICLES:

CHECKPOINT SEARCH:
Opening of bags is not valid. Then no suspicious activity
Visual Search- simple search using the eyes. Police officers is limited to peeking and
not authorized to opening of compartment or baggage compartment. Only eyes are
used. In a checkpoint, only a VISUAL SEARCH is allowed.
Thorough Search- bags will be opened. Compartments will be opened. Can only be
done if there is probable cause. Only limited to one vehicle.
Presumption of Regularity- police officers are presumed to be regular in performing
their functions
If this can happen to your friends, you have the right to unreasonable searches and
seizure
Stop and Risk- the requirement to this is a suspicious behaviour
If they require to open your bag, then you refused, it is not a probable cause
because it is within your rights.
He who exercises his right, injures nobody
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PLAIN VIEW DOCTRINE- when there is a search conducted, and as an incident to
that search, another illegal thing appeared.
1. The person conducted to search must be in the place where hes authorized
to be
2. The person did not deliberately look for that item which is plain view
3. It was discovered in avertedly or accidentally
4. That item is in PLAIN VIEW; it was not necessary to conduct a further search
in order to find that item in plain view
The police are not bound to turn off light in a face of illegality?

Ex. when police officer having a day off, he went camping, walking up the mountain,
when he reached at the top, then settled down, he wanted to enjoy the view, then
put on the binocular, then below the mountain, there is a hacienda the he saw
marijuana plants. Being an officer, he went inside the house then discovered
marijuana?
QUESTION:
Was he authorized in the place? YES, everyone can go to the mountain
Did he intentionally look for marijuana? Was there a further search required? SC said
yes, because simply of using binoculars, then its not in plain view. Marijuana can be
confiscated because it is illegal but the person cant be arrest because the evidence
is inadmissible.
FRUIT OF POISONOUS TREE DOTRINE- the fruit of poisonous tree (illegal search) is
also poisonous. Anything found in that illegal search, is also illegal.

Ex. they were looking for fire arms, then when they went inside the house, officers
smelled something fishy, or its something like marijuana. That scent came from the
basket which is hang from the rope in the ceiling, he went up and took the plastic
and indeed it was a marijuana.
QUESTION:
Was it in plain view? YES, because its not necessarily mean that its limited only to
the eyes but all the senses.
If anonymous informant, its not enough in establishment of probable cause. It must
be reliable source.
Probable cause is not certainty, merely reasonable believe that a crime has been
committed or will be committed and the person is guilty to that crime.
OPEN FIELD DOCTRINE- evidence is in the open field, which is admissible because
its in plain view

WARRANTLESS SEARCH
City government will conduct a search if we comply those requirements
Sanitary laws- city health officer could go a restaurant, and a check. Whether the
water is safe. They can do that without search warrant, even without a warning.
Customs search- office in charge for imposing and exporting taxes. They eliminate
smuggling. No need of probable cause. Customs officials can only search in
warehouses, stores but not homes.
If the search is validly made, the occupant of the house cant refuse.

VALID WARRANTLESS ARREST

If there is probable cause, warrant of arrest may be issued. Before any arrest can be
made, a warrant of arrest must be obtained
3 EXCEPTIONS TO THIS RULE:
1. When the person to be arrested is IN FLAGRANTE DELICTO (caught in the act of
committing a crime) - it means that the person arresting has knowledge of fact
of circumstance that may lead that to a crime that has just been committed, is
being committed, or is about to be committed and the person arresting has
reasonably ground to believe that the person to be arrested is probably guilty to
that crime.
When to know that the crime is about to be committed? *required is an overt
act- OVERT ACT it is an act which cannot be translated/interpreted in any other
way except that hes about to commit that crime.
2. DOCTRINE OF HOT PURSUIT- states that when a crime has just been committed
and theres a probable cause that the person is probably guilty. And that person
tries to escape the arrest, then the police officers are in pursuit. As long as it is a
continuous pursuit.
-it must be HOT. Meaning the crime fresh and just happened
-PURSUIT, it can be short or long as long as it is continuous
3. The person is an ESCAPEE/ESCAPO- being transferred from one prison site to
another, then you escaped, then you can be arrested. JUST PROBABLE CAUSE,
NOT CERTAINTY!!
-preventive imprisonment
-post bail (temporary liberty)
-the heavier crime, the heavier bail

SECTION 3- privacy of communication (oral) and correspondence (letters,

technological development, fb msgs)
-any evidence obtained in this proceedings is deemed inadmissible
-this section only applies to government officials
-section 3 can only be invoke against the government

SECTION 4
-very important section
Protected speech- it means that it cannot be punishable

There are 2 aspects of protected speech:

1. PROTECTION AGAINST PRIOR RESTRAINT- the government cant tell you that
you cant say this
2. PROTECTION AGAINST SUBSEQUENT- being punished of what you have said

So these 2 aspects are apply in freedom of speech

What kind of speech is protected or allowed? You are allowed to say hurtful
things to other people that is within the area of protected speech

Thats why censorship is not allowed

LIBEL (written) is a public and malicious imputation of a crime, vice, or defect

whether real or imaginary or any act, omission, status, condition or circumstance
tending to cause dishonour, discredit, contempt in a natural or juridical person or
to blacken the memory of one whos dead.

Public- its not libel if you said it in private

If actual malice is cannot be proof, then it cannot be libel

GENERAL RULE: the speech is protected and there is no law abridging the
freedom of speech

EXEPTIONS:
1. CLEAR AND PRESENT DANGER TEST- simply means when the words are
uttered under such circumstances, as to create and clear and present danger,
that they will bring about the substantive evil that the state has a right to
prevent. As long as the speech bring clear and present danger, that speech
may be abridged or restricted.
2. DANGEROUS TENDENCY RULE
-not clear and present. It is enough that when youll say it, there is a
tendency that it will create a danger. It is used when it is applied to judiciary.
3. BALANCING OF INTEREST TEST
-when the issue involved is between two private individuals

SECTION 5
-no religious test is required for the exercise of civil or political rights
SECTION 6

SECTION 7

SECTION 8
-cant strike about economic m

SECTION 12