Searches and Warrantless Arrest

Hole of Justice
By Peter G. Jimenea

Searches and Warrantless Arrest

We heard so many stories about the conduct of illegal searches and warrantless arrest committed by policemen against poor and innocent individuals. Prior to creation of the Philippine Drug Enforcement Agency (PDEA), this mess is common among scalawags in PNP service.

Sometimes we heard complaints coming from victims who lost money and valuables after they had been served warrant of arrest. In most cases victims are drug-pushers who have been caught and charged but jumped after posting bail for their temporary liberty.

Some escorting policemen during the arrest of the subject person may immediately go inside the house and ransack the drawers and lockers searching for evidence. But if they found valuables and precious personal belongings of the arrested person, these are not reported to authorities.

They failed to understand that what they did was not only illegal search but also robbery, putting the PNP integrity on line. They should know that the right of a person against unreasonable search and seizures is secured by Section 2, Article III of the Constitution which states:

SEC.2. 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 determined personally 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.

As a general rule, the procurement of a Search Warrant not a Warrant of Arrest is required before a law enforcer can validly searches or seizes a person, house, papers of effects of any individual. The law attaches  to it ART. III, Section 3(2) that any evidence obtained in violation of this section shall be inadmissible in Court.

This might be one of the reasons why so many drug cases that had been filed were dismissed by the Court. This is not absolute however. The well-recognized instances where searches and seizures are allowed even without a valid warrant are: (Warrantless search incidental to lawful arrest).

[Seizure] of evidence in plain view. The elements are: a) a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties; b) the evidence was inadvertently discovered by the police who have the right to be where they are; c) the evidence must be immediately apparent; and d) plain view justified mere seizure of evidence without further search;

Search of a moving vehicle. Highly regulated by the government, the vehicles 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;

The others are: Consented Warrantless Search; Custom Search; Stop and Frisk; Exigent and Emergency Circumstances; Search of Vessels or Aircraft and Inspection of Buildings and other premises for the enforcement of fire, sanitary and building regulations.

Moreover, in a lawful arrest, it becomes both the duty and right of the apprehending officer to conduct a warrantless search not only on the person of the subject but also in the permissible area of the latter’s reached. However, it means an area from within which he might gain possession of a weapon or destructible evidence.

But if the subject person with warrant of arrest was already apprehended and brought outside the house, will the search conducted by the police who immediately swooped down the house after the arrest be justified? Much had been told about this but only few of the arrested pushers complained for fear of feeding police grudge.

This is not what we think police business is all about. The PNP indeed is between us and crime. But the new recruits should undergo a rigid training in education not warfare. Lack of knowledge would only put the integrity of the uniform they are so proud of - in peril!