Lessons Applicable: Right against warrantless searches and seizures
Laws Applicable: bill of rights FACTS: In violation of Central Bank Laws, Tariff and Customs Laws, Internal Revenue (Co de) and the Revised Penal Code, 42 warrants were issued against petitioners or t he corporation where they are officers to search the persons above-named and/or the premises of their offices, warehouses and/or residences, and to seize and ta ke possession of their books of accounts, financial records, vouchers, correspon dence, receipts, ledgers, journals, portfolios, credit journals, typewriters, an d other documents and/or papers showing all business transactions including disb ursements receipts, balance sheets and profit and loss statements and Bobbins (c igarette wrappers) which are the subject of the offense. Petitioners filed with the Supreme Court this original action for certiorari, pr ohibition, mandamus and injunction, and prayed that, pending final disposition o f the present case, a writ of preliminary injunction be issued alleging the sear ch warrants to be void since (1) they do not describe with particularity the doc uments, books and things to be seized; (2) cash money, not mentioned in the warr ants, were actually seized; (3) the warrants were issued to fish evidence agains t the aforementioned petitioners in deportation cases filed against them; (4) th e searches and seizures were made in an illegal manner; and (5) the documents, p apers and cash money seized were not delivered to the courts that issued the war rants, to be disposed of in accordance with law ISSUE: W/N the seizure is valid HELD: YES. warrants for the search of 3 residences null and void; searches and s eizures made are illegal; that the writ of preliminary injunction issued the documents, papers, and things seized under the alleged authority of the warr ants in question may be split into two (2) major groups, namely: (a) those found and seized in the offices of the aforementioned corporations, an d have no cause of action to assail the legality of the contested warrants and of the seizures made in pursuance thereof, for the simple reason that said corporat ions have their respective personalities, separate and distinct from the persona lity of herein petitioners, regardless of the amount of shares of stock or of th e interest of each of them in said corporations, and whatever the offices they h old therein may be. question of the lawfulness of a seizure can be raised only by one whose rights h ave been invaded. Certainly, such a seizure, if unlawful, could not affect the c onstitutional rights of defendants whose property had not been seized or the pri vacy of whose homes had not been disturbed (b) those found and seized in the residences of petitioners herein. 2 points must be stressed in connection with this constitutional mandate, namel y: (1) that no warrant shall issue but upon probable cause, to be determined by the judge in the manner set forth in said provision; and - not met (2) that the warrant shall particularly describe the things to be seized. - not met without reference to any determinate provision of said laws the warrants authorized the search for and seizure of records pertaining to all business transactions of petitioners herein, regardless of whether the transacti ons were legal or illegal. To uphold the validity of the warrants in question would be to wipe out complete ly one of the most fundamental rights guaranteed in our Constitution, for it wou
ld place the sanctity of the domicile and the privacy of communication and corre spondence at the mercy of the whims caprice or passion of peace officers.
Commonwealth of Pennsylvania Ex Rel. Albert Raymond v. Alfred Rundle, Warden, Eastern State Correctional Institution, Philadelphia, Pennsylvania, 339 F.2d 598, 3rd Cir. (1964)