When is a 'stop and frisk' search considered valid?

Dear PAO,

X was arrested for allegedly having in his possession illegal drugs. He and his cousin were just two of the few passengers on board a bus on the night when the arrest happened. According to the report that was shown to the mother of X, the police received a tip that a male passenger of a bus was carrying drugs which are to be sold in the province. So, the police allegedly hailed the bus and frisked the passengers, and thereafter found the drugs inside the bag of X. But according to X and his cousin, X was not carrying any drugs and the supposed drugs found on X's bag are merely planted evidence. The police also did not introduce themselves, nor did they present a warrant, before searching the passengers, and there was nothing out of the ordinary inside the bus that would suggest that a crime is being committed or will be committed. So, all the passengers that night were really confused and shocked. Is it really possible for the police to just warrantlessly frisk someone, even if that person was not doing anything out of the ordinary?

Cherie

Dear Cherie,

The general rule is that there must be a valid warrant before a person can be arrested or searched. This is in line with the Constitutional mandate, which states that:

«SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizure of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.» (Section 2, Article III of the 1987 Philippine Constitution)

However, there are instances when a person may be lawfully searched despite the absence of a search warrant and one of which is during a «stop and frisk» search:

«x x x The known jurisprudential instances of reasonable warrantless searches and seizures are:

»1. Warrantless search incidental to a lawful arrest… ;

«2. Seizure of evidence in „plain view,“… ;

»3. Search