This case has been cited 1 times or more.
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2003-03-26 |
YNARES-SANTIAGO, J. |
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| A search may be conducted by law enforcers only on the strength of a warrant validly issued by a judge as provided in Article III, Section 2 of the Constitution.[14] Articles which are the product of unreasonable searches and seizures are inadmissible as evidence, pursuant to Article III, Section 3 (2) of the Constitution.[15] Warrantless searches and seizures may be made without a warrant in the following instances: (1) search incident to a lawful arrest, (2) search of a moving motor vehicle, (3) search in violation of custom laws, (4) seizure of the evidence in plain view, (5) when the accused himself waives his right against unreasonable searches and seizures,[16] (6) stop and frisk[17] and (7) exigent and emergency circumstances.[18] These instances, however do not dispense with the requisite of probable cause before a warrantless search and seizure can be lawfully conducted. In warrantless search cases, probable cause must only be based on reasonable ground of suspicion or belief that a crime has been committed or is about to be committed.[19] | |||||