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Unformatted text preview: rial jurisdiction over the place to be searched may issue a search warrant where the filing of such is necessitated and justified by compelling considerations of urgency, subject, time, and place. Q: Does the Constitution limit to judges the authority to issue warrants of arrests? A: No, the legislative delegation of such power to the Commissioner of Immigration is not violative of the Bill of Rights. Note: Section 1 (3), Article III of the Constitution does not require judicial intervention in the execution of a final order of deportation issued in accordance with law. The constitutional limitation contemplates an order of arrest in the exercise of judicial power as a step preliminary or incidental to prosecution or proceedings for a given offense or administrative action, not as a measure indispensable to carry out a valid decision by a competent official, such as a legal order of deportation, issued by the Commissioner of Immigration, in pursuance of a valid legislation. (Morano vs. Vivo, G.R. No. L‐22196, June 30, 1967) Q: What is the nature of a search warrant proceeding? A: It is neither a criminal action nor a commencement of a prosecution. It is solely for the possession of personal property. (United Laboratories, Inc. v. Isip, G.R. No. 163858, June 28, 2005) 3. Warrantless Searches Q: What are the instances of a valid warrantless search? A: 1. Visual search is made of moving vehicles at checkpoints 2. Search is an incident to a valid arrest 3. 4. 5. 6. Note: An officer making an arrest may take from the person: a. Any money or property found upon his person which was used in the commission of the offense b. Was the fruit thereof c. Which might furnish the prisoner with the means of committing violence or escaping d. Which might be used in evidence in the trial of the case Search of passengers made in airports When things seized are within plain view of a searching party Stop and frisk (precedes an arrest) When there is a valid express waiver made voluntarily and intelligently Note: Waiver is limited only to the arrest and does not extend to search made a...
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This document was uploaded on 03/12/2014.

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