Due Process and Valid Warrant

Due Process and Valid WarrantSections 1 and 2 of Article III

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Article III section 1NO PERSON SHALL BE DEPRIVED OF LIFE, LIBERTY OR PROPERTY WITHOUT DUE PROCESS OF LAW, NOR SHALL ANY PERSON BE DENIED EQUAL PROTECTION OF THE LAWS.3

Article III section 1What do we mean by person?4

Article III section 1by deprivation of life?5

Article III section 1by liberty?6

Article III section 1by property?7

Article III section 1all persons subject to legislation should be treated alikeEqual Protection8

Aspects of due process of lawProcedural Due ProcessSubstantive Due Process

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Aspects of due process of lawProcedural Due Process-Method or manner which the law is enforced.

which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial.-Daniel Webster

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Procedural due processJudicial Proceedings Requisites:a) A court or tribunal clothed with judicial power to hear and determine the matter before it.11

Judicial proceedings Requisites:b) Jurisdiction lawfully acquired over the person of the defendant or property which is the subject matter of the proceeding12

Judicial proceedings Requisites:c) The defendant must be given notice and an opportunity to be heard. 13

Judicial proceedings Requisites:

d) Judgment must be rendered after lawful hearing.14

Procedural due processAdministrative Proceedings Requisites:a) Right to a hearing. Right to present ones case and submit evidence in support thereof.15

Administrative proceedingsb) The tribunal must consider the evidence presented.Requisites16

Administrative proceedingsc) The decision must have something to support itself.Requisites17

Administrative proceedingsd) The evidence supporting the conclusion must be substantial.Requisites18

Administrative proceedingse) The decision must be based on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affectedRequisites19

Administrative proceedingsf) The tribunal/body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy.Requisites20

Administrative proceedingsg) The board should render its decision in a manner that the parties to the proceeding can know the various issues involved and the reasons for the decision rendered.Requisites21

Aspects of due process of lawa) The student must be informed in writing of the nature and cause of any accusation against themSchool Disciplinary ProceedingsRequisites22

School disciplinary Proceedingsb) The student shall have the right to answer the charges against him, with the assistance of counsel if desired.Requisites23

School disciplinary Proceedingsc) The student has the right to be informed of the evidence against him.Requisites24

School disciplinary Proceedingsd) The student has the right to adduce evidence in his own behalf.Requisites25

School disciplinary Proceedingse) The evidence must be dully considered by the investigating committee or official designated by the school authorities to hear and decide the case Requisites26

School disciplinary Proceedingsf) The penalty imposed must be proportionate to the offenseRequisites27

Aspects of due process of lawSubstantive Due Process-Requires that the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable and just.

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Substantive Due Processa) The interests of the public generally, as distinguished from those of a particular class, requires the interference by the government Requisites:29

Substantive Due Processb) The means employed are necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.Requisites:30

Article III section 1What are the instances where hearings are not necessary?31

Article III section 2The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and 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 seized32

Article III section 21)Persons2)Houses3)Papers and effectScope of Protection33

Article III section 2An order in writing signed by a judge and directed to a peace officer, commanding to search for certain personal property and bring it before the court.Search Warrant34

Article III section 2Command to arrest a person to take him in to custody in order to answer for the commission of an offense.Warrant of Arrest35

Valid warranta) It must be issued upon PROBABLE CAUSERequisites:36

Valid warrantb) The existence of probable cause is determined personally by the judge.Requisites:37

Valid warrantc) The judge must examine under oath the complainant and the witnesses he may produce.Requisites:38

Valid warrantd) The warrant must particularly describe the place to be searched and the person or things to be seizedRequisites:39

Article III section 2Command to arrest a person to take him in to custody in order to answer for the commission of an offense.Warrant of Arrest40

Article III section 2The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and 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 seized41

Article III section 21) Test of sufficiency affidavit2) Basis of affidavitSufficiency of Affidavit42

Article III section 2PlacePersonPropertySufficiency of Description43

Article III section 2Proper party to invoke rightRight subject to waiverRight against unreasonable search and seizure, personal44

Article III section 2Valid Warrantless Search and Arrest45

Editorial Cartoon

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GroupLuneza, JelseanParales,MichelleRamirez, Johanna Ellen O'GradyCrime takes but a moment but justice an eternity.47