CONT. OF SEC.

2
4E – POLIREV
OCTOBER 12, 2019
2:30 – 5:30

1. How particular should the description be to comply with the constitutional requirement?
a. Up to the minutest detail?
2. Supposing the description in the warrant is not that particular but fortunately the police offixer
assigned can identify the person because he knows by supplemental knowledge, is it particular
enough?
3. Supposing the warrant directs the officer to seize undetermined amount of shabu and the place
was specifically described. The officer opened cabinets and found a canister with shabu and
unlicensed firearm
a. Can they seize the firearm?
b. Can they use the evidence as evidence in a case for violation of posession of unlicensed
firearm?
c. So a warrant may be used to fish for evidence since the firearm can be seized?
d. Their authority is limited to the warrant? Only for shabu and other drug paraphernalia?
e. What if they found a bomb and not the unlicensed firearm?
f. In reverse, what if the warrant is for firearm, then they found shabu, they cannot seize
the shabu?
NOTE: all articles of crime may be seized but to be admitted, they must be decribed in the warrant
or seized as a result of permissible warrantless arrest.
4. Does the constitution allow general warrants? How about scatter-shot warrant? Difference
NOTE: in scattershot, even if the offenses are particularly described, if there are several offenses
mentioned in the warrant it is still not allowed.
a. What if warrant states violation of several crimes like in Stonehill v. Diokno, what kind of
warrant?
b. Can we say that the search warrants issued in stonehill are both general and scatter-shot?
5. Stonehill v. Diokno v. Alvarez v. CFI why the difference in allowing the description of the things to
be seized in the latter even if they used the same term (e.g. books of accounts, documents,
receipts etc.)
a. Supposing in stonehill, the warrant only mentions one offense, does it make the warrant
valid?
b. But the description still gives the officer broad discretion to seize any and all evidence it
may find in relation to the offense?
c. Why is the description in Alvarez considered particular enough by the SC?
6. What is the nature of search warrant proceedings according to the SC in Unilab case?
a. Not criminal?
b. Even if the proceedings are titled like criminal cases and apply mechanisms in criminal
proceedings?
NOTE: Search warrant proceedings is not directed against any specific person named in
the petition but it is only a mode of discovery. Not civil because not considered with
adjudication of civil rights. Also only require probable cause as standard of evidence
7. How long is a search warrant valid?

☺ Notes
 a. Not from date of receipt by police officer? Why?
8. How about warrant of arrest?
a. But the rules also mention 10-days, what is the purpose of this 10 days? Counted from?
9. What the different permissible warrantless arrests?
a. In people v.Gerente, the statements of the neighbor does not constitute personal
knowledge? (In relation to par. B of sec. 5 rule 113)
10. Can we say that there are only 3 permissible warrantless arrest under rules of court? What are
these?
11. Under rule 113 the duty of the arresting offcer is to deliver accused to nearest police precints.
Supposing on the way, the suspect escaped. But the police officer said “I’m tired, I know where
you live I’ll just arrest you the next day”. True enough the next day the police officer arested the
accused in his house while the latter was sleeping? Valid?
12. Under in flagrante delicto, the police officer must be present according to the rules. Does it mean
that the officer or private person must be physically present at the scene of the crime?
13. Can we say that to be considered in presence of officer, the officer must have either seen it or
heard the disturbance? It is only limited to these two circumstances? We can use smell? Sense of
touch? NOTE: 2018 CASE Macad(?) v. People (Justice Gesmundo) - using touch
14. May an in flagrante delicto arrest be effected after 1 day from commission of offense?
a. But what about in umil v. Ramos? Why is it still considered in flagrante?
b. What if the crime is rebellion and not subversion?
c. Are they continuing in fact, these crimes against the government? Why are they
considered continuing?
15. 2 circumstance under rule 113 is known as? (Hot pursuit)
nd

a. Supposing the crime was committed 6 days prior to arrest?

b. Supposing offense committed late in the afternoon, then the arrest was made in the
evening? What about if 1 hr gap?
c. In people v, rodrigueza, how did sc rule re: argument of the police officer? Assuming for
sake of argument, the gap is only 3 hrs from the test buy and the actual arrest?
d. Supposing A witnessed b killing c, when b saw A he ran. A chased B, the pursuit lasted for
30 days until B gave up so now he was arrested, hot pursuit? Even if there was 30 days
gap?
16. Different warrantless searches?
17. Stop and frisk, what is this kind of permissible warrantless search?
a. What is the origin of the term stop and frisk?
- In this case, SC distinguished arrest from stop. According to USSC, McFadden
did not arrest them but only searched their outer garments.
b. What is the main purpose of the stop? The frisk?
18. 2 specific objectives of stop and frisk?
a. Can you stop a person based on hunch?
b. What is the limitation of a stop and frisk search?
- Limited only to the outer clothing. Patting and frisking outer clothing
19. Case of Posadas, valid search?
20. Difference between stop and search and stop and frisk?
21. In Malmsted, is that stop and search or stop and frisk? Why? Comparison with Aminuddin

☺ Notes
 22. How about in Mengote case, valid search?
23. Malacat case, valid search?
24. What is the extent of permissible search under search incident to lawful arrest?
25. In espano, was there valid warrantless search?
a. Supposing the arrest was effected in living room of accused, can search be effected in his
kitchen, several meters away?
b. Up to what extent can officers effect a search incident to a lawful arrest? But is it not the
owner of the house the master of the house and everything inside it is under his control?
1 meter away? 2 meters?
- People v. Musa: only within his reach
c. The arrest just precede the search?
26. Is apprehension in violation of traffic rules a valid arrest which can result to search incident to
lawful arrest?
27. Luz v. People: valid search? Is that an arrest? Why is it not considered an arrest?
28. People v. Peralta: According to police officer they searched him and found perforated bills. The
accused was not able to raise objection prior to plea. Since arrest can no longer be questioned, it
is a valid ground to conduct a search incident thereto and the perforated bills are admissible in
evidence?
a. Waiver of right to challenge arrest not result to waiver of right to challenge of validity of
search
29. Consented search:
a. Luz v. Peole is consented search because when officer asked him to empty the contents
of his bag on the table?
b. Requisites of consented search.
- Intelligently made
- Voluntary
- Unvitiated by force or duress
c. Several factors in determining whether the consent sas voluntarily made?
30. When may officer effect seizure of evidence in plain view?
31. SUPPOSING POLICE OFFICER X AND Y LOVE TO GO TO PARTIES. X SAID “I HEARD
THERE IS GOING TO BE A PARTY IN A HOUSE METERS AWAY FROM OUR PRECINCT”.
Y ASKED DO WE HAVE INVITE. X SAID WHO CARES WE ARE POLICE OFFICERS. WHEN
THEY WERE AT THE HOUSE. X AND Y KNOCKED BUT NOBODY ANSWERED. THE DOOR
WAS NOT LOCKED AND IMMEDIATELY UPON OPENING, THEY SAW DRUGS EVERYWHERE.
CAN THEY EFFECT OF SEIZURE OF EVIDENCE IN PLAIN VIEW?
32. Supposing officersmarrested accused in her living room. A plastic hanging in kitchen was found
and accused did not answer when asked. Upon opening, marijuana is found. Seizure in plain view?
a. What if the plastic says “marijuana inside”?
33. In serving the warrant, officers opened cabinets, they found with marijuana and unlicensed
firearm? Can they seize it under seizure under plain view?
a. Standard of evidence in seizure under plain view? Probable cause
b. Why did SC not apply this in People v. Del Rosaro despite same factual circumstances?

☺ Notes
 34. Supposing officers were ordered to serve a warrant for fake revicon products, entered the
building, according to them they say a transparent cabinet full of disudrin, can they effect seizure
of evidence in plain view?
35. Customs searches: what objects can be seized under this search?
a. 2 groups of products that can be searched?
b. May it be effected outside the premises of the customs? Exception?
36. Extent of permissible warrantless search during regular checkpoint? Can they require opening of
windows?
a. Opening of glove compartments?
b. Trunks?
37. How about aerial saturation drive? What is this form of warrantless search? Is this allowed?

☺ Notes