DUMAUG: FREEDOM FROM UWARRANTED SEARCHES AND SEIZURES
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Transcript of DUMAUG: FREEDOM FROM UWARRANTED SEARCHES AND SEIZURES
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
“No person is allowed to enter my humble and
ruined house without my permission”
RELATED CONSTITUTIONAL
PROVISIONS•ARTICLE III, SECTION 2•ARTICLE III, SECTION 3 (Paragraph 1)
SCOPE OF PROTECTION
•All persons, including aliens whether accused of crime or not•Artificial persons•The right is PERSONAL
THE RIGHT TO BE LEFT
ALONE
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
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.
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.”
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
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.”