Alvero vs.

Dizon

Facts:
In February 1945, Aurelio S. Alvero was arrested for treason. Certain papers were seized
from his house.
Alvero demanded the return of the papers seized from his house because it was in violation of
his constitutional rights.
The lower court denied.
The documents were presented as evidence by the prosecution.

Issue:
Whether the seizure of the documents taken from Alveros house was legal and can be used
as evidence against him.

Held:
The right of officers and men of the United States Army to arrest Alvero, and to seize his
personal papers, without any search warrant, in the zone of military operations, is
unquestionable, under the provisions the Regulations relative to the Laws and Customs of
War on Land of the Hague Conventions of 1907, authorizing the seizure of military papers in
the possession of prisoners of war;
The consitution does not prohibit the Government from taking advantage of unlawful searches
under authority of state law.
The use and presentation of documents, as evidence for the prosecution against Alvero
cannot now be legally attacked, on the ground of unlawful or unreasonable searches and
seizures.
What constitutes a reasonable or even an unreasonable search in any particular case is
purely a judicial question, determinable from a consideration of the circumstances involved.