When a search and seizure is valid, may they go through the contents of your laptop?

When a search and seizure is valid, may they go through the contents of your laptop?

Under other jurisdiction, specifically in the United States, the question is answered in the positive. They may go through the contents of your laptop as “LaptopSearches Do Not Require Reasonable Suspicion”. Citing United States v. Arnold, 523 F.3d 941 (9th Cir. 2008)

In the Philippines, our rights with regard to search and seizure can be found in our 1987 Constitution, particularly Article III, Section 2. “The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures 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. “

In our jurisdiction, search and seizure may be done provided that such is reasonable. What covers reasonable searches and seizures then? First, those which the law and jurisprudence provide, some of these laws and those found in jurisprudence are the following:

1. In G.R. No. 181881, it has been cited that “Determining the reasonableness of any search involves a twofold inquiry: first, one must consider ‘whether the…action was justified at its inception,’ x x x ; second, one must determine whether the search as actually conducted ‘was reasonably related in scope to the circumstances which justified the interference in the first place,’” x x x
2. Warantless Search and Seizures: Section 13, Rule 126 of the Rules of Court and some cases decided by the Supreme Court provide the instances when search is lawful without search warrant:

1. In times of war within the area of military operation.
   
2. As an incident of a lawful arrest.
   
3. When there are prohibited articles open to the eye and hand of an officer (Plain View Doctrine)..
   
4. When there is consent which is voluntary (consented search)
   
5. When it is incident to a lawful inspection.
   
6. Under the Tariff and Customs Code for purposes of enforcing the customs and tariff laws;
   
7. Searches and seizures of vessels and aircraft; this extends to the warrantless search of motor vehicle for contraband.
   
8. When there is a valid reason to “stop – and – frisk”.
   
   

Given those enumerated above, specifically the consented search, the contents of the laptop may also be included. However, if consent is not voluntary then this may be another issue. They cannot just open ones belongings without “reasonableness”. Officials must also follow the proper rules as regard to the search and prove that such is not done “unreasonably.” Another issue may also come to play as regard to privacy and freedom of expression/press but then again, as discussed in the previous entry of this blog, privacy is not without a limitation. Privacy has a limit, provided that such may also be proven that the limitation can be enforced.

As for freedom of expression and press, this “reasonable search and seizure”, especially those which are random in nature may hinder the rights mentioned. One may not bring their laptop for fear of being caught of whatever the laptop may contain as well as those confidential documents that are prone of being exposed by these inspections. 

 

Since other countries are already enforcing that a laptop may be searched even “without reasonable suspicion”, the best way is to be prudent enough to know the contents of your laptop/gadget and a little knowledge of what contents may violate their laws specifically those which one may encounter during travel. If one is not sure of the contents, it is better not to bring such gadget, although it will be taxing and inconvenient without it. It will save you from being exposed and humiliated.

As for our own jurisdiction, laws or rules must be passed in order that our rights be protected. Without the safeguards, our right may be taken for granted and the officials who may implement such laws may become abusive in its exercise.