Requisites of a Valid Warrant | Arrests, Searches, and Seizures | THE BILL OF RIGHTS

Requisites of a Valid Warrant (Arrests, Searches, and Seizures)

Under the Bill of Rights (Article III, Section 2) of the 1987 Philippine Constitution, the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated. This section provides the constitutional guarantee that no warrant shall issue except upon probable cause to ensure the protection of individual liberties.

1. General Principle

No search or arrest shall be deemed valid unless it is carried out through the issuance of a warrant based on probable cause, determined by a judge. This is a fundamental right enshrined in the Constitution to prevent abuses by the State and to ensure due process.

A. Requisites of a Valid Arrest Warrant

1. Probable Cause

   • Definition: Probable cause refers to the existence of facts and circumstances that would lead a reasonably prudent person to believe that a crime has been committed and that the person to be arrested is probably guilty of the crime.
   • Judicial Determination: The probable cause for an arrest warrant must be personally determined by a judge after conducting a searching inquiry. This means that the judge must go beyond the mere submission of affidavits and documents by the complainant or law enforcement.
   • Basis: Probable cause must be based on evidence, such as testimonies or affidavits, and should not be based solely on hearsay.

2. Oath or Affirmation

   • The judge must base his or her finding of probable cause on evidence given under oath or affirmation. This ensures that the facts being relied upon are credible and trustworthy.

3. Particularity of Description

   • The arrest warrant must particularly describe the person to be arrested. The description must be sufficient to prevent mistaken identity or an overly broad execution of the warrant.
   • The specificity requirement ensures that the arrest is made against the correct individual and prevents law enforcement from detaining anyone arbitrarily.

4. Issuance by a Competent Authority (Judge)

   • Only a judge has the constitutional authority to issue a warrant of arrest. The judge must be acting within their jurisdiction when issuing the warrant. Any arrest warrant issued by a person who is not a judge, or a judge acting outside of their jurisdiction, is void and invalid.
   • The judge issuing the warrant must act impartially and independently in determining the existence of probable cause.

B. Requisites of a Valid Search Warrant

1. Probable Cause

   • Judicial Determination: Probable cause for a search warrant must also be personally determined by a judge. This includes the judge's inquiry into whether there are reasonable grounds to believe that evidence of a crime exists in the place to be searched or in the items to be seized.
   • Standard: The probable cause must be established based on factual circumstances that point to the existence of the items sought in connection with an offense.

2. Oath or Affirmation

   • Similar to an arrest warrant, the facts supporting the search warrant must be sworn to by a complainant or witness under oath or affirmation.

3. Particularity of Description

   • Place to be Searched: The search warrant must specifically identify the place to be searched. The description must be so clear that the officer executing the warrant can, with reasonable certainty, identify the location.
   • Objects to be Seized: The warrant must describe the things to be seized with particularity. General warrants, which fail to specify the items to be seized, are void because they give law enforcement unchecked power and discretion, violating the constitutional guarantee against unreasonable searches.

4. Issuance by a Competent Authority (Judge)

   • Only a judge may issue a search warrant, and it must be based on probable cause within the judge's territorial jurisdiction. Any search warrant issued outside of the jurisdiction of the issuing judge or without sufficient probable cause is invalid.

5. One Specific Offense

   • A search warrant can only be issued in connection with one specific offense. This requirement prevents the issuance of a "scattershot" warrant and ensures that the warrant is limited to items relating to one particular crime.

C. Exceptions to the Warrant Requirement

While warrants are generally required for arrests and searches, there are recognized exceptions under both the Constitution and Philippine jurisprudence:

1. Warrantless Arrests (Rule 113, Sec. 5 of the Rules of Court):

   • In Flagrante Delicto Arrest: An arrest made when the person to be arrested is caught in the act of committing a crime.
   • Hot Pursuit Arrest: An arrest made immediately after a crime has been committed, when the officer has probable cause to believe the person to be arrested committed the crime.
   • Escapee Arrest: An arrest without a warrant of a prisoner who has escaped from custody or while he/she is being transported to or from jail or while confined under a warrant.

2. Warrantless Searches:

   • Search Incident to a Lawful Arrest: A lawful arrest allows a limited search of the person and the immediate surroundings to ensure officer safety and prevent the destruction of evidence.
   • Plain View Doctrine: When an object is in plain view of an officer legally in a position to see the item, it can be seized without a warrant if it is immediately apparent that the object is evidence or contraband.
   • Consent Searches: A search is valid if the person voluntarily and knowingly consents to the search.
   • Stop and Frisk: A limited search (a pat-down of the outer clothing) based on reasonable suspicion that a person is armed and dangerous.
   • Customs Searches: Searches at borders and ports of entry for contraband or illegal goods may be conducted without a warrant.
   • Exigent Circumstances: Warrantless searches are allowed in emergency situations where obtaining a warrant is not practical, such as when there is an immediate threat to life or property, or when evidence is likely to be destroyed.

D. Invalid Warrants and their Consequences

1. General Warrants:

   • A general warrant is one that does not describe with particularity the place to be searched or the person or things to be seized. General warrants are unconstitutional because they allow for arbitrary searches and seizures.

2. Judicial Remedy:

   • If a search or arrest warrant is issued without probable cause or does not meet the constitutional requirements, the warrant can be quashed or nullified through a motion to quash before the proper court.

3. Exclusionary Rule (Fruit of the Poisonous Tree Doctrine):

   • Any evidence obtained in violation of the constitutional right against unreasonable searches and seizures is inadmissible in court. This includes not only the primary evidence seized but also any further evidence derived from the illegal search or arrest.

4. Civil and Criminal Liabilities:

   • Law enforcement officers who conduct searches and arrests without a valid warrant or in violation of the exceptions may face civil and criminal liabilities. A person whose rights have been violated may file charges for damages under the Civil Code or criminal complaints under the Revised Penal Code.

Conclusion

The requisites of a valid arrest or search warrant emphasize judicial oversight, the necessity of probable cause, and the protection of individual rights. By adhering to these constitutional safeguards, the Philippine legal system upholds the balance between law enforcement needs and the protection of civil liberties.