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Search Incident To Lawful Arrest


Section 13. Search incident to lawful arrest

ALLOWABLE WARRANTLESS SEARCHES AND
SEIZURES:
1. Incidental to lawful arrest
2. Consented search (waiver of right)
3. Search of moving vehicles
4. Enforcement of customs laws
5. Checkpoints
6. RA requiring inspections or body checks in
   airports
7. When there are illegal articles open to the eye
   and hand (plain view)
8. Stop-and-frisk situations
9. Emergency
10.Enforcement of health and sanitary laws

REQUISIITES FOR PLAIN VIEW DOCTRINE
1. valid intrusion
2. item must be visible – seen without any further
   search; e.g. in a transparent bag
3. inadvertent discovery

Ex. police officer chasing a suspect, sees a box,
takes a peak and sees drugs
• can be seized because malum prohibitum but
  cannot be introduced as evidence because not
  in plain view
• if detected through smell, not case of plain
  view but probable cause
• if detected by canines - as if police themselves
  have smelled it
• if police chases a person, accidentally hits a
  jar, where drugs pour out – not plain view

Searches Incident to Lawful Arrest
This right includes searching the person who is
arrested, in order to find and seize the things
connected with the crime as its fruits or as the means
by which it was committed

Search made without a warrant cannot be justified as
an incident of arrest unless the arrest itself was lawful

A search is not incidental to the arrest unless the
search is made at the place of arrest,
contemporaneously with the arrest.

The area that may be validly searched is limited to
the area within the immediate control of the person
arrested

REQUISITES FOR VALID WAIVER OF RIGHT
(CONSENTED SEARCH)
1. right exists
2. person making the consent knows that he has
   the right
3. in spite of knowledge of the right, he voluntarily
   and intelligently gives consent

Search of Moving Vehicles
Vessels and aircraft's may be searched and seized
without a warrant because a vessel can be quickly
moved out of the locality before a warrant could be
secured.

Validity of Checkpoints
Checkpoints are not per se invalid provided that
searches conducted therein are limited to a mere
cursory inspection (Valmonte case)

UNREASONABLE SEARCH AND SEIZURE
It is such where it is not authorized by statute, or
where the conditions prescribed by the stature have
not been met.

Rules on Reasonableness of Search
What constitutes a reasonable or unreasonable
search or seizure in any particular case is purely a
judicial question

Such is determinable from a consideration of the
circumstances involved, including the ff:
• The purpose of the search
• Presence or absence of probable cause
• Manner in which the search and seizure was
  made
• Place or thing searched
• Character of the articles procured.

Searches and seizure inside a home are
presumptively unreasonable

Constitutional prohibition against unlawful searches
and seizure applies as a restraint directed only
against the government and its agencies tasked with
the enforcement of the law. It could thus only be
invoked against the State.

Who May Question the Validity of a Search
The legality of a seizure can be contested only by the
party whose rights have been impaired thereby.

The objection to an unlawful search and seizure is
purely personal and cannot be availed by third
parties.

The remedy for questioning the validity of a search
warrant can only be sought in the court that issued it,
not in the sala of another judge of concurrent
jurisdiction.

Objections to the legality of the search warrant and to
the admissibility of the evidence obtained are
deemed waived when no objection to the legality of
the search warrant was raised during the trial.








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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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