Unreasonable search

Dear PAO,

I went to a mall, and the security guard there wants to open my bag and check what's inside of it. Isn't there a violation of my right against unreasonable search?

Donna

Dear Donna,

Please be informed of the Supreme Court's ruling in the case of People v. Marti, GR 81561, Jan. 18, 1991, Associate Justice Abdulwahid Bidin, where it was held that:

«The constitutional proscription against unlawful searches and seizures therefore applies as a restraint directed only against the government and its agencies tasked with the enforcement of the law. Thus, it could only be invoked against the State to whom the restraint against arbitrary and unreasonable exercise of power is imposed.

»If the search is made upon the request of law enforcers, a warrant must generally be first secured if it is to pass the test of constitutionality. However, if the search is made at the behest or initiative of the proprietor of a private establishment for its own and private purposes, as in the case at bar, and without the intervention of police authorities, the right against unreasonable search and seizure cannot be invoked for only the act of private individual, not the law enforcers, is involved. In sum, the protection against unreasonable searches and seizures cannot be extended to acts committed by private individuals so as to bring it within the ambit of alleged unlawful intrusion by the government.

«Corolarilly, alleged violations against unreasonable search and seizure may only be invoked against the State by an individual unjustly traduced by the exercise of sovereign authority. To agree with appellant that an act of a private individual in violation of the Bill of Rights should also be construed as an act of the State would result in serious legal complications and an absurd interpretation of the constitution.» (Emphasis ours)

As provided in the aforementioned jurisprudence, private search is not covered by the constitutional guarantee. In the absence of governmental interference, the constitutional right against unreasonable search and seizure cannot be invoked. The protection against unreasonable search and seizure cannot be extended to acts committed by private individuals