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Unformatted text preview: s an incident thereto, or to any subsequent seizure of evidence found in the search. (People v. Peralta, G.R. 145176, March 30, 2004) 7.
8. Customs search Exigent and emergency circumstances. (People v. De Gracia, 233 SCRA 716)) Q: What is the Plain View Doctrine? A: Objects falling in plain view of an officer who has a right to be in the position to have that view are subject to seizure even without a search ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 81 UST GOLDEN NOTES 2011 warrant and may be introduced as evidence. Requisites for the application of the doctrine are: a. b. The law enforcer in search of the evidence has a prior justification for an intrusion, or is in a position from which he can view a particular area; The discovery of the evidence in plain view is inadvertent; Q: What is a “stop‐and‐frisk” search? A: It is a limited protective search of outer clothing for weapons. Probable cause is not required but a genuine reason must exist in light of a police officer’s experience and surrounding conditions to warrant the belief that the person detained has weapons concealed. (Malacat v. CA, G.R. No. 123595, Dec. 12, 1997) Q: Are searches conducted in checkpoints lawful? A: Yes, provided the checkpoint complies with the following requisites: 1. The establishment of checkpoint must be pronounced 2. It must be stationary, not roaming 3. The search must be limited to visual search and must not be an intrusive search. Note: Not all searches and seizures are prohibited. Between the inherent right of the State to protect its existence and promote public welfare and an individual’s right against warrantless search which is however reasonably conducted, the former should prevail....
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