Confiscate but do not complicate: A study on the constitutionality of warrantless search of confiscated cellular phones during a valid warrantless arrest
Date of Publication
4-9-2018
Document Type
Master's Thesis
Degree Name
Juris Doctor
Subject Categories
Constitutional Law
College
College of Law
Department/Unit
Law
Thesis Adviser
Anne Perpetual Rivera Sia
Defense Panel Chair
Ramon S. Esguerra
Defense Panel Member
Milagros Isabel A. Cristobal
Esteban A. Molon, Jr.
Abstract/Summary
Cellular phones, nowadays, contain vast amount of information which are formerly found only in paper-based documents. Through cellular phones, people can carry with them data which would normally be found in their homes, officers, or other places other than their person. In a search incident to a warrantless arrest, a cellular phone of a person could be seized as it could pose harm to the arresting officers or could be evidence connected to the commission of the crime. However, any search made into the contents of the cellular phone can no longer be justified when the cellular phone is already outside the arrestee's immediate control. If the information is available in hard format and stored in a person's house, office, or any other storage area, unmistakably a search warrant is necessary. The same treatment should likewise be afforded to digital information stored in cellular phones. In the absence of law, rule or even jurisprudence, any material information from a recovered cellular phone may be used in evidence against an accused, thereby trampling upon his constitutionally guaranteed rights. Hence, guidelines are necessary in order to ensure that data stored in cellular phones are given ample protection from unreasonable intrusion. Further, once authority to search is given, it must be limited to evidence related to the crime committed.
Abstract Format
html
Language
English
Format
Electronic
Accession Number
CDTG007471; TG07471
Shelf Location
Archives, The Learning Common's, 12F Henry Sy Sr. Hall
Keywords
Cell phones—Law and legislation--Philippines; Searches and seizures--Philippines
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Recommended Citation
Lacap, J. N., & Estioko, R. P. (2018). Confiscate but do not complicate: A study on the constitutionality of warrantless search of confiscated cellular phones during a valid warrantless arrest. Retrieved from https://animorepository.dlsu.edu.ph/etd_masteral/7253
Embargo Period
11-19-2024
