Thursday, December 3, 2009

When Search and Seizure May Be Made Without Warrant (Sec. 2, Art. III)

1. When there is consent or waiver;

2. When search is an incident to a lawful arrest;

3. In the case of a contraband or forfeited goods being transported by ship, automobile, or other vehicle, where the officer making it has reasonable cause for believing that the latter contains them, in view of the difficulty attendant to securing a search warrant;

4. Where, without a search, the possession of articles prohibited by is disclosed to plain view or is open to eye and hand;

5. As an incident of inspection, supervision, and regulation in the exercise of police power;

6. Routinary searches usually made at the border or at ports of entry in the interest of national security and for the proper enforcement of customs and immigration laws.

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