DUMAUG: FREEDOM FROM UWARRANTED SEARCHES AND SEIZURES

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DUMAUG: FREEDOM FROM UWARRANTED SEARCHES AND SEIZURES

  1. 1. ARTICLE 3. BILL OF RIGHTS1) DUE PROCESS2) EQUAL PROTECTION3) FREEDOM FROM UNWARRANTED SEARCHES AND SEIZURES4) PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE5) FREEDOM OF EXPRESSION6) FREEDOM OF RELIGION
  2. 2. “No person is allowed to enter my humble and ruined house without my permission”
  3. 3. RELATED CONSTITUTIONAL PROVISIONS•ARTICLE III, SECTION 2•ARTICLE III, SECTION 3 (Paragraph 1)
  4. 4. SCOPE OF PROTECTION•All persons, including aliens whether accused of crime or not•Artificial persons•The right is PERSONAL
  5. 5. THERIGHT TO BE LEFT ALONE
  6. 6. REQUISITES OF A VALID WARRANT1) PROBABLE CAUSE2) PROBABLE CAUSE DETERMINED PERSONALLY BY A JUDGE3) MADE AFTER EXAMINATION UNDER OATH OR AFFIRMATION OF COMPLAINANT AND WITNESSES4) PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED OR THINGS TO BE SEIZED
  7. 7. The constitution requires thatthe place to be searched or the persons or things to be seized be described with such particularity as to enable the person serving the warrant to identify them.
  8. 8. “the fruit of the poisonous tree.”Admissibility of Illegally Seized Evidence Art. 3, Section 3 paragraph 2: “shall be inadmissible for any purpose in any proceeding”
  9. 9. WARRANTLESS SEARCHES AND SEIZURES1) A PERSON HAS JUST COMMITTED, ACTUALLY COMMITTING OR ATTEMPTING TO COMMIT AN OFFENSE IN HIS PRESENCE.2) OFFENSE HAS IN FACT BEEN COMMITTED AND HE HAS PERSONAL KNOWLEDGE OF FACTS THAT THE PERSON TO BE ARRESTED HAS COMMITTED IT.3) A PERSON WHO ESCAPED FROM A PENAL ESTABLISHMENT
  10. 10. Privacy of Communication and Correspondence Art. 3, Section 3(1): “the privacy of communication and correspondence shall be inviolable except upon lawful order of the court when public safety or order requires otherwise as prescribed by law.”

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