The
following are the well-recognized instances
where searches and seizures are allowed even without a valid warrant: (1) Warrantless search
incidental to a lawful arrest: (2) [Seizure] of evidence in "plain
view." The elements are: a) a prior valid intrusion based on the valid
warrantless arrest in which the police are legally present in the pursuit of
their official duties; b) the evidence was inadvertently discovered by the
police who have the right to be where they are; c) the evidence must be
immediately apparent; and d) "plain view" justified mere seizure of
evidence without further search; (3) Search of a moving vehicle. Highly
regulated by the government, the vehicle’s inherent mobility reduces
expectation of privacy especially when its transit in public thoroughfares
furnishes a highly reasonable suspicion amounting to probable cause that the
occupant committed a criminal activity; (4) Consented warrantless search;
(5) Customs search; (6) Stop and Frisk; (7) Exigent and
emergency circumstances; (8) Search of vessels and aircraft; [and]
(9) Inspection of buildings and other premises for the enforcement of fire,
sanitary and building regulations. x x x
In the exceptional instances where
a warrant is not necessary to effect a valid search or seizure, what
constitutes a reasonable or unreasonable search or seizure is purely a
judicial question, determinable from the uniqueness of the circumstances
involved, including the purpose of the search or seizure, the presence or
absence of probable cause, the manner in which the search and seizure was made,
the place or thing searched, and the character of the articles procured (VALEROSO
vs. COURT OF APPEALS, G.R. No. 164815, September 3, 2009, 3rd Div, Nachura,
J.).
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