Warrantless search is allowed in the following instances:

1. customs searches;
2. searches of moving vehicle;
3. seizure of evidence in plain view;
4. consented searches;
5. search incidental to a lawful arrest; and
6. stop and frisk measures. (PEOPLE VS. ARUTA, 288 SCRA 626)
7. . May a Search Warrant be issued for the crimes of Search Warrant for estafa,
falsification, tax evasion and insurance fraud?
8.

No, such would be a general warrant and violates the rule that a warrant shall be
issued for one (1) specific offense. (Asian Surety vs. Herrera, 54 SCRA 312)

9. 20. What is a Scatter-shot Warrant?

10.

It is a search warrant issued for more than one (1) specific offense like a search
warrant issued for more than one specific offense like one for estafa, robbery, theft and
qualified theft. (TAMBASEN VS. PEOPLE, July 14, 1995; PEOPLE VS. CA, 216
SCRA 101)

11. What are the requisites of a valid Search Warrant or Warrant of Arrest?
12.

No search warrant or warrant of arrest shall issue except upon probable cause
to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized. (Section 2,
Art. III).

13.

In addition, Rule 126 of the Rules on Criminal Procedure requires that no

warrant shall be issued for more than one (1) specific offense and that in the
implementation of a search warrant when the respondent is not present, witnesses
are required. Finally, a Circular issued by the Supreme Court requires that no
warrant or warrant of arrest shall be implemented during the night, week-ends or
holidays, except in exceptional circumstances.

14. NOTE: Under the Human Security Act/Anti-Terrorism Law, Republic Act No. 9372,
Approved on March 6, 2007 and effective on July 15, 2007 (This Law shall be
automatically suspended one (1) month before and two (2) months after the holding of
any election) a person may be taken into custody by the police if there is a written
authorization by the Anti-Terrorism Council and such detention may be extended upon
written approval of the Commission of Human Rights in case of actual or imminent
terrorist attack.
15. . What are the requisites of a valid search incidental to a valid arrest?
16. As held in NOLASCO VS. PANO, 139 SCRA 541, a search incidental to a valid arrest
must be done at the place where the accused is arrested. As such, if accused was arrested
while inside a jeepney, there is no valid search incidental to a valid arrest if she will be
brought to her residence and thereafter search the said place. Or as held in ESPANO VS.
CA, 288 SCRA 588, if the accused was arrested in the street during a buy-bust operation,
the search of his house nearby is not a valid search incidental to a valid arrest.
17. . Is a warrantless search and seizure by a private individual valid?
18. Yes, since the constitutional provision is not applicable to him. (PEOPLE OF THE
PHILIPPINES VS. ANDRE MARTI, G.R. NO. 81561, January 18, 1991; SILAHIS
INTERNATIONAL HOTEL, INC. VS. ROGELIO SOLUTA, ET AL., 482 SCRA 660)
19.