Searches and Seizures: What constitutes lawful searches and seizures?

Searches and Seizures: What constitutes lawful searches and seizures?

Digging through my old review notesI found some notes in Constitutional Law that might be worth salvaging. Since I feel like preserving some of these studies, I might as well post them here for everyone else to analyze as well.

Just a little disclaimer. It’s not a guarantee that they will not be asked just because the notes and cases are more than a decade old. References are included either as annotations or embedded links.

admissibility in evidence

Personal Knowledge of Witnesses

Police officers applied for a search warrant in connection with alleged illegal possession of firearms and ammunition. During their examination, two of the police officers testified that they saw the firearms personally. The judge issued the search warrant.

HELD: The statement of the two police officers that they personally saw the firearms being illegally possessed does not constitute personal knowledge of the illegality of the possession. In fact, it was later found out that one of the seized firearms was duly licensed. The trial court should not have simply relied on the statements of the witnesses. It could have asked if the witnesses had personal knowledge there was no permit to possess the firearms.

Betoy, Sr. vs Coliflores, 483 SCRA 435
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