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SEC. 2: THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERSAND EFFECTS AGAINST UNREASONABLE SEARCHES AND SEIZURES OF WHATEVERNATURE AND FOR ANY PURPOSE SHALL BE INVIOLABLE, AND NO SEARCH WARRANT ORWARRANT OF ARREST SHALL ISSUE EXCEPT UPON PROBABLE CAUSE TO BE DETERMINEDPERSONALLY BY THE JUDGE AFTER EXAMINATION UNDER OATH OR AFFIRMATION OFTHE COMPLAINANT AND THE WITNESSES HE MAY PRODUCE, AND PARTICULARLYDESCRIBING THE PLACE TO BE SEARCHED AND THE PERSONS OR THINGS TO BE SEIZED.

Pro!"# $!% '()r*+

P!r*($%"!r(* o- #&$r(/*(o): a search warrant may be said to particularly describe the things to be seizedwhen the description therein is as specific as the circumstances will ordinarily allow or when the descriptionexpresses a conclusion of fact not of law by which the warrant officer may be guided in making the search andseizure or when the things described are limited to those which bear direct relation to the offense for which thewarrant is being issued.

G#)#r!" r%"#: warrant for apprehension of unnamed person is void. (John Doe)

E0$#/*(o): except on those cases where it contains a description of a person such as will enable the officer toidentify the accused.

1the possibility of properly identifying the object of the search may depend on the proper identification of theoffense committed.

W!rr!)*"#&& !r$#& !) (3%r#&:

4. S#!r$ ()$(#)*!" *o !rr#&*:

n officer making an arrest may take from the person arrested any money or property found upon hisperson which was used!

) in the commission of the crime"

b) or was the fruit of the crime"

c) or which might furnish the prisoner with the means of committing violence or escaping or which may be usedin evidence in the trial of the cause.

P%r/o: '4+ to protect the arresting officer against physical harm from the arrested person who might bearmed with concealed weapon and '2+ to prevent the person arrested from destroying evidence within his reach.

2. S#!r$ o- 5o6()7 6#($"#&:

#he search must be based on probable cause.

L(5(*# *o *# -o""o8()7 $(r$%5&*!)$#&:

a) merely drawing aside of curtain.

b) simply looks into a vehicle.

c) flashes light therein without opening the doors.

d) the occupants are not subjected to physical or body search.

e) when limited to visual search and inspection.

f) when routine check conducted in a fix area.

9. E6(#)$# () /"!() 6(#8:

#he officer must have the right to be in the position to have that view. $ust be upon chance orunintentional.

. C%&*o5& ()&/#$*(o):

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%ustoms officers or border officers may search incoming persons and goods to look for concealed illegalmaterials.

;. W!(6#r:

#he waiver can be shown by failure to make any objection or even mutter a bit of protest.

&e'uisites of valid waiver!

a) the right must exist.

b) the person had knowledge of such right.

c) the person has an actual intention to relin'uish the right.

if a person enters a plea without having challenged the validity of his arrest he is deemed to have waived hisright.

Do$*r()# o- E0(7#)* C(r$%5&*!)$#:

*ase on the urgency of the moment that a warrant cannot be secured at the moment that it must bedispensed with.

S*o/ !) Fr(&< r%"#:

+hen base on experience the officer may conclude that a criminal activity may be happening and thatthe person with whom he is dealing may be armed and presently dangerous where in the course of investigationof this behaviour he identifies himself as policeman and makes reasonable in'uiries and where nothing in theinitial stages of the encounter serves to dispel his reasonable fear for his own or others, safety he is entitled forthe protection of himself and others in the area to conduct a carefully limited search of the outer clothing of

such persons in an attempt to discover weapons which might be used to assault him.T8o=-o" ()*#r#&*:

a) crime prevention and detection.

b) interest of safety and self-preservation which permit the police officer to assure himself that the person hisdealing with is not armed.

W!rr!)*"#&& Arr#&*:

Arr#&*: taking of a person into custody in order that he may be forthcoming to answer for the commission of anoffense.

W#) "!8-%":

4. +hen in the presence of the officer the person to be arrested has committed is actually committing orattempting to commit an offense.

2. +hen an offense has in fact been committed and he has personal knowledge of facts indicating that theperson to be arrested has committed it.

9. +hen the person to be arrested is a prisoner who has escaped.

SEC. 9: '4+ THE PRIVACY OF COMMUNICAATION AND CORRESPONDENCE SHALL BE INVIOLABLEEXCEPT UPON LAWFUL ORDER OF THE COURT, OR WHEN PUBLIC SAFETY OR ORDER RE>UIRESOTHERWISE AS PRESCRIBED BY LAW.

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'2+ ANY EVIDENCE OBTAINED IN VIOLATION OF THIS OR PRECEDING SECTION SHALL BEINADMISSIBLE FOR ANY PURPOSE IN ANY PROCEEDING.

nvasion of communication and correspondence is one kind of search.

Gro%) o- ()*r%&(o) *ro%7 !) or#r o- *# $o%r*: probable cause in the preceding section should be followedsince right to privacy is considered as an aspect of the right to be secure in one,s person.

R#?%(r#5#)* o- /!r*($%"!r(* o- #&$r(/*(o): it is impossible to describe the contents of a communication that hasnot yet been made. t would be %)r#!&o)!"# *o r#?%(r# ! #&$r(/*(o) o- *# $o)*#)*& o- $o55%)($!*(o) . *ut the

identity of person or persons whose communication is to be intercepted and the identity of the offense or offensessought to be prevented and period of authorization givencan be specified.

/ublic officer who exercise his power to encroach upon privacy of communication for reason of public safety or

order must be able to point to a law under which he acts.

P%"($ or#r !) &!-#*: the security of human lives liberty and property against activities of invaders

insurrectionists and rebels.

#he inadmissibility of evidence does not mean that it must be returned where it came from if the object is not

prohibited it must be returned but if it is contraband it can be confiscated.