Two Requisites:
1. Item to be searched was within the arrestee’s custody or area of immediate control.
2. Search was contemporaneous with an arrest.
Requisites:
1. Prior valid intrusion
2. Evidence was inadvertently discovered by the police
3. Illegality of the evidence is immediately apparent; and
4. Noticed without further search.
iv. Consent/Waiver
Requisites:
1.It must appear that the right exists.
2. The person involved had knowledge, either actual or constructive, of the existence of the right.
3. The person had actual intention to relinquish the right.
v. Customs Search
P12.6 Papa v. Mago, 22 SCRA 857
P12.6 Pacis v. Pamaran, 56 SCRA 16
P12.6 People v. Gatward, 267 SCRA 785
P13.6 People v. Susan Canton, GR 148825, December 27, 2002
P13.6 People v. Johnson – 348 SCRA 526
Malacat (1997): Probable cause is not required. However, mere suspicion or a hunch is not enough.
Rather, a “genuine reason must exist, in light of the police officer’s experience and surrounding
conditions, to warrant the belief that the person detained has weapons concealed about him.”
P4.7 Laserna v. DDB, GR 158633, Nov. 3, 2008: The constitutional validity of the mandatory,
random, and suspicionless drug testing for students emanates primarily from the waiver of their
right to privacy when they seek entry to the school, and from their voluntary submitting their
persons to the parental authority of school authorities.
In case of private and public employees, the constitutional soundness of the mandatory, random
and suspicious drug testing proceeds from the reasonableness of the drug test policy and
requirement.
However, there is no valid justification for mandatory drug testing for persons accused of crimes
punishable with at least 6 years and one day imprisonment as they are singled out and impleaded
against their will. The operative concepts in the mandatory drug testing are “randomness” and
“suspicionless.”
P4.7 Pimentel, Jr v. COMELEC, GR 161658, November 3, 2008: The mandatory drug test
requirements as a pre-condition for the validity of a certificate of candidacy of electoral candidates
not established under the Constitution, e.g. local government positions, is valid.