Rights on Arrest, Search and Seizure

What are the rights mentioned in Sec. 2, Art. III of the Constitution?

• 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 purposes

• No search warrant shall be issued except upon probable cause

• No warrant of arrest shall be issued except upon probable cause

What are the personal properties to be seized under a search warrant?

• Subject of the offense

• Stolen or embezzled and other proceeds, or fruits of the offense

• Used or intended to be used as the means of committing an offense

What must be shown by clear and convincing evidence for consent to a search?

• It must be voluntary.

• It must be coerced.

• It must be implied.

• It must be specific.

What is the requirement for a search incidental to a lawful arrest?

• The arrest must be lawful.

• The search must be conducted first.

• The person must be in a public place.

• The search must be conducted without a warrant.

What does the Plain View Doctrine require for seizure?

• The officer must have a prior justification.

• The evidence must be in plain sight.

• The discovery must be inadvertent.

• All of the above.

What is the purpose of stop and frisk searches?

• To prevent crime.

• To gather evidence.

• To arrest individuals.

• To search vehicles.

What is required for a search of a moving vehicle?

• Probable cause must be shown.

• A search warrant is always needed.

• The vehicle must be stopped.

• The driver must consent.

What are the remedies available to a person whose right against unreasonable search and seizures is violated?

• Criminal Prosecution of the offender at the instance of the offended party under Articles 129, 130, 280, and 281 of the Revised Penal Code

• Petition for the return of the objects illegally seized

• Civil action for damages under Article 32 of the Civil Code

What are the grounds for the quashal of a search warrant?

• When the search warrant is in the nature of a general warrant without specific description

• Failure to conduct searching questions and answer before the issuance of the search warrant

• The search warrant was issued based not on personal knowledge or information

• A search warrant for more than one offense which is null and void

• When the thing ordered seized are legally in possession of a person

Is a John Doe warrant valid?

• Yes, if it contains a description personae

• No, it is insufficient and void