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DUMAUG: FREEDOM FROM UWARRANTED SEARCHES AND SEIZURES
1. ARTICLE 3. BILL OF RIGHTS
1) DUE PROCESS
2) EQUAL PROTECTION
3) FREEDOM FROM UNWARRANTED SEARCHES AND
SEIZURES
4) PRIVACY OF COMMUNICATIONS AND
CORRESPONDENCE
5) FREEDOM OF EXPRESSION
6) FREEDOM OF RELIGION
2. “No person is allowed to enter
my humble and ruined house
without my permission”
3. RELATED CONSTITUTIONAL
PROVISIONS
•ARTICLE III, SECTION 2
•ARTICLE III, SECTION 3
(Paragraph 1)
4. SCOPE OF PROTECTION
•All persons, including
aliens whether accused
of crime or not
•Artificial persons
•The right is PERSONAL
6. REQUISITES OF A VALID WARRANT
1) PROBABLE CAUSE
2) PROBABLE CAUSE
DETERMINED PERSONALLY BY
A JUDGE
3) MADE AFTER EXAMINATION
UNDER OATH OR AFFIRMATION
OF COMPLAINANT AND
WITNESSES
4) PARTICULARLY DESCRIBING
THE PLACE TO BE SEARCHED
OR THINGS TO BE SEIZED
7. The constitution requires that
the 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. “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. WARRANTLESS
SEARCHES AND SEIZURES
1) 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. 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.”