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Unformatted text preview: t in so far as it enhances their profit, nor the loyalty and allegiance which the national owes to the land. These limitations on the qualifications of aliens have been shown on many occasions and instances, especially in times of crisis and emergency. (Ichong v. Hernandez, G.R. No. L‐7995, May 31, 1957) Q: What is the intensified means test or the balancing of interest/equality test? A: It is the test which does not look solely into the government’s purpose in classifying persons or things (as done in Rational Basis Test) nor into the existence of an overriding or compelling government interest so great to justify limitations of fundamental rights (Strict Scrutiny Test) but closely scrutinizes the relationship between the classification and the purpose, based on spectrum of standards, by gauging the extent to which constitutionally guaranteed rights depend upon the affected individual’s interest. e. SEARCHES AND SEIZURES Q: What is the essence of privacy? A: The essence of privacy is the right to be left alone. In context, the right to privacy means the right to be free from unwarranted exploitation of one’s person or from intrusion into ones’ private activities in such a way as to cause humiliation to a person’s ordinary sensibilities. 1. Warrant Requirement Q: What are the requisites of a valid search warrant and warrant of arrest? A: 1.
There should be a search warrant or warrant of arrest 2.
Probable cause supported the issuance of such warrant 3.
Such probable cause had been determined personally by a judge 4.
Judge personally examined the complainant and his witnesses 5. The warrant must particularly describe the place to be searched and the persons or things to be seized. (Gorospe, Constitutional Law: Notes and Readings on the Bill of Rights, Citizenship and Suffrage, Vol. 2., p.334) Note: General warrant is not allowed. It must be issued pursuant to specific offense. Q: What are general warrants? A: These are warrants of broad and general characterization or sweeping descriptions which will authorize police officers to undertake a fishing expedition to seize and confiscate any and all kinds of evidence or articles relating to an offense. Q: What is the purpose of particularity of description? A: The purpose is to enable the law officers serving the warrant to: 1. Readily identify the properties to be seized and thus prevent them from seizing the wrong items 2. Leave said peace officers with no discretion regarding the articles to...
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