Unreasonable Searches & Seizures – Key Vocabulary

These vocabulary cards distill key constitutional principles, legal doctrines, and jurisprudential rules governing searches, seizures, and arrests under Philippine law, helping students quickly review definitions, requisites, and distinctions required for exam mastery.

Right Against Unreasonable Searches and Seizures

Constitutional guarantee that people and their property are free from unreasonable government intrusion; warrants require probable cause, judicial determination, and particularity.

Reasonable Search and Seizure

A government intrusion that falls within recognized exceptions (e.g., airport checks) or is conducted with a valid warrant; therefore outside the constitutional prohibition.

Probable Cause (Search Warrant)

Facts and circumstances that would lead a reasonably prudent person to believe an offense has been committed and evidence is in the place to be searched.

Probable Cause (Arrest Warrant)

Facts that lead a reasonably prudent person to believe the accused committed the offense charged.

Search Warrant

Written order, signed by a judge, directing a peace officer to search a specified place and bring described items before the court.

Validity Period of Search Warrant

A Philippine search warrant is good for 10 days from its date; afterwards it is void.

Requisites of a Valid Search Warrant (POJEWS)

Probable cause, One specific offense, Judge’s personal determination, Examination under oath, Witnesses with personal knowledge, Specific description of place & items.

Particularity Requirement

Warrant must clearly limit officers to seize only the items expressly described, leaving no discretion to the executing officer.

John Doe Search Warrant

Warrant issued against an unnamed person, valid only if it contains a clear descriptio personae enabling identification.

General Warrant

A warrant lacking particularity as to items or persons; considered null and void.

Zones of Privacy

Areas protected from government intrusion, derived from the search-and-seizure clause and privacy of communication.

No Presumption of Regularity

When officers justify an intrusion, courts do not presume they acted regularly; government bears the burden of proving legality.

Knock-and-Announce Principle

Officers must give notice of authority and purpose before forcing entry, unless specific exigencies justify unannounced entry.

Plain View Doctrine

Objects in an officer’s sight who is lawfully present may be seized without a warrant if discovery is inadvertent and incriminating character is immediately apparent.

Waiver of Right Against Search

Valid only if the person knows the right exists, understands it, and intentionally relinquishes it; prosecution must show clear, convincing, voluntary consent.

Search Incidental to Lawful Arrest

After a valid arrest, officers may search the arrestee and the area within immediate control for weapons or evidence.

Exigent and Emergency Circumstances

Situations where immediate action is needed (e.g., coup, danger to life) allowing warrantless search or arrest.

Moving-Vehicle Search

Search of a vehicle based on probable cause; inherent mobility supplies exigency (Carroll Doctrine). Routine visual inspections need no probable cause.

Carroll Doctrine (Automobile Exception)

Permits warrantless vehicle search when officers have probable cause to believe it contains evidence and vehicle can quickly leave jurisdiction.

Stop-and-Frisk (Terry Search)

Brief detention and pat-down for weapons based on reasonable suspicion from specific, articulable facts; scope limited to outer clothing.

Customs Search

Warrantless search by customs officers of vehicles and containers (not dwelling houses) enforcing tariff laws.

Airport Search

Routine security screening of passengers and baggage under R.A. 6235; considered a reasonable search because of reduced expectation of privacy.

Checkpoint Search

Routine, minimally intrusive visual inspection of vehicles at a stationary, pre-announced point; body or extensive vehicle searches require probable cause.

Warrantless Search by Private Individual

Search done solely by a private actor for private purpose; constitutional protection does not apply absent state involvement.

Reasonable Search vs. Warrantless Search

Reasonable search flows from reduced privacy expectations (e.g., airports); warrantless search is presumptively unreasonable but excused by jurisprudential exceptions.

Bus Search (Saluday Rule)

Routine inspection of passengers/luggage at terminals or checkpoints allowed if least intrusive, non-discriminatory, safety-oriented, with anti-planting safeguards.

Port Search

Security x-ray/inspection at seaports analogous to airport screening; reasonable due to reduced expectation of privacy in travel.

Arrest

Taking a person into custody so they may answer for an offense; accomplished by restraint or voluntary submission.

Warrant of Arrest – Requisites (3PS)

Probable cause, Personal determination by judge, Personal evaluation of prosecutor’s report & evidence, Specific description of person to be arrested.

In Flagrante Delicto Arrest

Warrantless arrest when the person is caught in, or immediately after, committing or attempting an offense in officer’s presence.

Hot Pursuit Arrest

Warrantless arrest when an offense has just been committed and officer has personal knowledge, giving probable cause, that the suspect committed it.

Continuing Offense

Crimes like rebellion are considered ongoing, allowing warrantless arrest at any time.

Buy-Bust Operation

Undercover entrapment where suspect sells contraband to officers; resulting warrantless arrest and search are valid if officers did not induce the crime.

Immediacy Requirement (Hot Pursuit)

Personal knowledge must be gathered closely in time to the offense; delays that allow obtaining a warrant nullify the exception.

Administrative Arrest (Immigration)

Commissioner of Immigration may issue warrants to detain deportable aliens; probable-cause determination by judge not required in deportation proceedings.

Extradition Warrant

Under P.D. 1069, court issues warrant immediately upon filing of extradition petition; no prior notice or hearing required.

Exclusionary Rule

Evidence obtained from unreasonable search or seizure is inadmissible for any purpose (fruit of the poisonous tree doctrine).

Fruit of the Poisonous Tree

Doctrine excluding evidence and its derivatives obtained from an illegal search, seizure, or interrogation.

Invalid Arrest – Effects

Court lacks jurisdiction over accused; officers liable for illegal arrest; any search incident thereto is void and evidence inadmissible.

Knock-and-Announce Exceptions

Unannounced entry allowed if occupants already know police identity, risk of danger, destruction of evidence, or refusal to open after demand.

Search Witness Requirement

House search must be in presence of occupant or two residents of same locality to ensure regularity (Rule 126 §8).

Ownership Not Required (Seizable Property)

Items may be seized from anyone in control or possession, even if owned by another (e.g., stolen property).

Three Categories of Seizable Property

1) Subject of the offense; 2) Fruits/proceeds of the offense; 3) Means intended for committing an offense.

Personal Examination by Judge

Judge must question applicant and witnesses under oath before issuing a search warrant; reliance solely on affidavits is insufficient.

Executive vs. Judicial Probable Cause

Prosecutor’s finding (executive) decides if case filed; judge’s finding (judicial) decides if arrest warrant issues.

Totality of Circumstances Test (Consent)

Courts assess environment, coercion, and behavior to decide if waiver of search right was voluntary.

Silence Not Consent

Passive conformity or lack of objection does not amount to valid waiver of search-and-seizure rights.

Carroll vs. Routine Inspection

Extensive vehicle search requires probable cause; routine visual inspection at checkpoints or terminals does not.

‘Least Intrusive’ Requirement

Reasonable searches (e.g., bus/port) must use methods that minimally invade privacy and dignity.

Personal Knowledge vs. Hearsay Tip

Warrantless arrests (hot pursuit) require officers’ own observations; uncorroborated informer tips are insufficient.

Waiver of Illegal Arrest vs. Illegal Search

Failure to contest arrest before plea waives arrest issues but does not waive objections to an unlawful search or seized evidence.