Searches and Seizures

Searches and Seizures

   Illegal searches and seizures are necessarily unreasonable and lawful searches and seizures, reasonable. A search made without a search warrant is not necessarily illegal and one made under a search warrant is not necessarily legal.

   In order that a search or seizure is considered unreasonable, it is necessary that there is an entry of the protected enclosure, amounting to a trespass either by force, fraud, or implied coercion.

  A search and seizure may be legal even if affected without a search warrant in the following instances:

   1.) Whenever it is an incident to a lawful arrest. The right to search in this case includes searching the person thus arrested for things connected with the crime as its fruits or as the means by which it was committed, and weapons or other things that might be used to effect an escape from custody. When the crime is being committed, and weapons or other things that might be used to effect an escape from custody. When the crime is being committed, this right also includes the right to search the premises where it is being committed and to seize similar things, or the place where the arrest was made. The right to search  in this case is not more extensive  than that permitted under a valid search warrant and exploratory searching for the purpose of obtaining evidence against the arrested person are invalid.

   Under Section 6 (a) of Rule 113 of the Rules of Court, the officer arresting a person who has just committed, is committing, or is about to commit an offense must have personal knowledge of that fact. The offense must also be committed in his presence or within his view.

   2.) When there is actual, not presumed consent of the person searched;

   3.) If the search or seizure is done in a valid exercise of the police
power of the State;

   4.) If what is searched or seized is a contraband or articles prohibited by law;

   5.) In case of war or national emergency.