DUMAUG: FREEDOM FROM UWARRANTED SEARCHES AND SEIZURES

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ARTICLE 3. BILL OF RIGHTS 1)DUE PROCESS 2)EQUAL PROTECTION 3)FREEDOM FROM UNWARRANTED SEARCHES AND SEIZURES 4)PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE 5)FREEDOM OF EXPRESSION 6)FREEDOM OF RELIGION

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Transcript of DUMAUG: FREEDOM FROM UWARRANTED SEARCHES AND SEIZURES

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ARTICLE 3. BILL OF RIGHTS

1)DUE PROCESS2)EQUAL PROTECTION3)FREEDOM FROM UNWARRANTED

SEARCHES AND SEIZURES4)PRIVACY OF COMMUNICATIONS AND

CORRESPONDENCE5)FREEDOM OF EXPRESSION6)FREEDOM OF RELIGION

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“No person is allowed to enter my humble and

ruined house without my permission”

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RELATED CONSTITUTIONAL

PROVISIONS•ARTICLE III, SECTION 2•ARTICLE III, SECTION 3 (Paragraph 1)

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SCOPE OF PROTECTION

•All persons, including aliens whether accused of crime or not•Artificial persons•The right is PERSONAL

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THE RIGHT TO BE LEFT

ALONE

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REQUISITES OF A VALID WARRANT

1) PROBABLE CAUSE2) PROBABLE CAUSE

DETERMINED PERSONALLY BY A JUDGE

3) MADE AFTER EXAMINATION UNDER OATH OR AFFIRMATION OF COMPLAINANT AND WITNESSES

4) PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED OR THINGS TO BE SEIZED

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The constitution requires that the place to be

searched or the persons or things to be seized be

described with such particularity as to enable the person serving the

warrant to identify them.

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Admissibility of Illegally Seized EvidenceArt. 3, Section 3 paragraph 2:

“shall be inadmissible for any purpose in any proceeding”

“the fruit of the

poisonous tree.”

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1) A PERSON HAS JUST COMMITTED, ACTUALLY COMMITTING OR ATTEMPTING TO COMMIT AN OFFENSE IN HIS PRESENCE.

2) OFFENSE HAS IN FACT BEEN COMMITTED AND HE HAS PERSONAL KNOWLEDGE OF FACTS THAT THE PERSON TO BE ARRESTED HAS COMMITTED IT.

3) A PERSON WHO ESCAPED FROM A PENAL ESTABLISHMENT

WARRANTLESSSEARCHES AND

SEIZURES

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Privacy of Communication and CorrespondenceArt. 3, Section 3(1): “the privacy of

communication and correspondence shall be inviolable except upon lawful order of the court when public safety or order requires otherwise

as prescribed by law.”