WARRANTLESS SEARCH

By: Atty. Karissa Faye Tolentino

As a rule, a search without a search warrant is illegal.

What are the instances of a valid warrantless search?

1. Visual search is made of moving vehicles at checkpoints

2. Search is an incident to a valid arrest
3. Search of passengers made in airports
4. When things seized are within plain view of a searching party

5. Stop and frisk (precedes an arrest)

6. When there is a valid express waiver made voluntarily and intelligently
7. Customs search

8. Exigent and emergency circumstances. Example: The raid and seizure of
firearms and ammunition at the height of the 1989 coup-de-etat. The military
operatives had reasonable ground to believe that a crime was being committed,
and they had no opportunity to apply for a search warrant from the courts
because the latter were closed. (People v. De Gracia, 233 SCRA 716 )

Are searches conducted in checkpoints lawful?

Yes, provided the checkpoint complies with the following requisites:

1. The establishment of checkpoint must be pronounced 

2. It must be stationary, not roaming 

3. The search must be limited to visual search and must not be an intrusive
search.

A checkpoint is akin to a stop‐ and‐ frisk situation whose object is either to

determine the identity of suspicious individuals or to maintain the status quo
momentarily while the police officers seek to obtain more information. (Valmonte
vs. De Villa, 178 SCRA 211)

When may motorists and their vehicles passing though checkpoints be

stopped and extensively searched?

As a rule, motorists and their vehicles passing though checkpoints may only be
subjected to a routine inspection. But vehicles may be stopped and extensively
searched when there is probable cause which justifies a reasonable belief among
those at the checkpoints that either the motorist is a law offender or the contents
of the vehicle are or have been instruments of some offense. (People v.
Vinecario, G.R. No. 141137)