warrantless searches

The right to privacy is a fundamental right enshrined by implication in our Constitution. It has many dimensions. One of its dimensions is its protection through the prohibition of unreasonable searches and seizures in Article III, Section 2 of the Constitution:

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determinedpersonally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

This provision requires that the court examine with care and diligence whether searches and seizures are "reasonable." As a general rule, searches conducted with a warrant that meets all the requirements of this provision are reasonable. This warrant requires the existence of probable cause that can only be determined by a judge.56The existence of probable cause must be established by the judge after asking searching questions and answers.57Probable cause at this stage can only exist if there is an offense alleged to be committed. Also, the warrant frames the searches done by the law enforcers. There must be a particular description of the place and the things to be searched.58

However, there are instances when searches are reasonable even when warrantless.59 In the Rules of Court, searchesincidental to lawful arrests are allowed even without a separate warrant.60 This court has taken into account the "uniqueness of circumstances involved including the purpose of the search or seizure, the presence or absence of probable cause, the manner in which the search and seizure was made, the place or thing searched, and the character of the articles procured."61 The known jurisprudential instances of reasonable warrantless searches and seizures are:

1. Warrantless search incidental to a lawful arrest. . . ;

2. Seizure of evidence in "plain view," . . . ;

3. Search of a moving vehicle. Highly regulated by the government, the vehicle’s inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity;

4. Consented warrantless search;

5. Customs search;

6. Stop and frisk; and

7. Exigent and emergency circumstances.62 

THIRD DIVISION

G.R. No. 200334               July 30, 2014

THE PEOPLE OF THE PHILIPPINES, Respondent-Appellee,
vs.
VICTOR COGAED y ROMANA, Accused-Appellant.