The constitutional protection of the person against arbitrary arrests is guaranteed by the general rule that the police

should first secure an arrest warrant. However, there can be cases of valid arrests without a warrant of arrest. To be valid,
the minimal requirement is probable cause. There must be a reasonable ground of suspicion, supported by
circumstances to believe that the person to be arrested is guilty.
Legal Awareness: Valid Warrantless Arrest No. 1: A police officer or a private person may, without a warrant arrest a
person when in his presence, the person to be arrested has committed, is actually committing or attempting to commit
a crime.
The most common application of this is the in flagrante delicto rule in buy-bust operations. In flagrante delicto
basically means getting caught in the act of committing a crime. A buy-bust operation is a form of entrapment usually
conducted to enforce drug laws. It is a form of entrapment where the police officer poses as a buyer. He however,
neither instigates nor induces the accused to commit the crime, because in this case, the seller/drug dealer has already
decided for himself to commit a crime.
Legal Awareness: Valid Warrantless Arrest No. 2: A police officer or a private citizen may, without a warrant arrest a
person when an offense has in fact been committed, and he has personal knowledge of facts indicating that the
person to be arrested has committed it.
It is not enough that there is reasonable ground to believe that the individual to be arrested has committed a crime. A
crime must in fact have been committed first. The arresting officer must have personal knowledge of the commission
of the crime, and not merely on hearsay (e.g. Relying on the testimony or allegations of others). The offense, therefore,
must have been committed in his presence or within his view and sensory perception.
Legal Awareness: Valid Warrantless Arrest No. 3: A police officer or a private person may, without a warrant arrest a
person when the person to be arrested is a prisoner who has escaped from a penal establishment, or has escaped while
being transferred from one confinement to another.
A prisoner or convict who flees prevents the government from serving justice and endangers society in the process.
Accordingly, a fugitive may be arrested by anyone, anywhere, and at anytime.
Legal Awareness: Valid Warrantless Arrest No. 4: Consented warrantless arrest
A person may waive his right not to be arrested without an arrest warrant. But the legal presumption is always against
the waiver of basic constitutional rights. The waiver cannot be inferred from the mere fact of having failed to object to
a warrantless arrest. The waiver must be explicit or articulated.
WHAT IF THE OFFICER MERELY PEEKS THROUGH THE WINDOW OF THE HOUSE AND SEES THE DRUGS, CAN HE CONFISCATE
THEM AND USE THEM AS EVIDENCE?
> He can confiscate them, without prejudice though to his liability for violation of domicile.
> He cannot use them as evidence because the seizure cannot be
justified under the plain view doctrine, there being no previous valid intrusion.

Law and jurisprudence have laid down the instances when a warrantless search is valid. These are:
1. Warrantless search incidental to a lawful arrest recognized under Section 12 [now Section 13], Rule 126 of the Rules of
Court and by prevailing jurisprudence;
2. Seizure of evidence in plain view, the elements of which are:
(a) a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit
of their official duties;
(b) the evidence was inadvertently discovered by the police who had the right to be where they are;
 (c) the evidence must be immediately apparent[;] and;
(d) plain view justified mere seizure of evidence without further search.
3. Search of a moving vehicle. Highly regulated by the government, the vehicles inherent mobility reduces expectation
of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to
probable cause that the occupant committed a criminal activity;
4. Consented warrantless search;
5. Customs search;
6. Stop and Frisk; and
7. Exigent and Emergency Circumstances.

The following are the well-recognized instances where searches and seizures are allowed even without a valid warrant:
(1) Warrantless search incidental to a lawful arrest:
(2) [Seizure] of evidence in "plain view.
"The elements are:
a) a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their
official duties;
b) the evidence was inadvertently discovered by the police who have the right to be where they are; c) the evidence
must be immediately apparent; and d) "plain view" justified mere seizure of evidence without further search;
(3) Search of a moving vehicle. Highly regulated by the government, the vehicles inherent mobility reduces
expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion
amounting to probable cause that the occupant committed a criminal activity;
(4) Consented warrantless search;
(5) Customs search;
(6) Stop and Frisk;
(7) Exigent and emergency circumstances;
(8) Search of vessels and aircraft; [and]
(9) Inspection of buildings and other premises for the enforcement of fire, sanitary and building regulations. x x x