i. Airport and Seaport Security Searches

Exception/s:

• When the person is engaged in the commission of an offense; or
• Pursued immediately after its commission; or
• Has escaped, flees; or
• Forcibly resists before the officer has opportunity to so inform him; or
• When giving of such information will imperil the arrest (Rule 113, Sec. 8).

Note: With port security personnel's functions having the color of state-related functions and deemed agents of government, the Bill of Rights applies in this case.

Searches pursuant to port security measures are not unreasonable per se. The security measures of x-ray scanning and inspection in domestic ports are akin to routine security procedures in airports. Reason: there is a reasonable reduced expectation of privacy when coming into airports or ports of travel.

Travelers are often notified through airport public address systems, signs and notices in their airline tickets that they are subject to search and, if any prohibited materials or substances are found, such would be subject to seizure. These announcements place passengers on notice that ordinary constitutional protections against warrantless searches and seizures do not apply to routine airport procedures.

It is also important to note that routine baggage inspections are different from a customs search. Although customs searches usually occur within ports or terminals, it is important that the search must be for the enforcement of customs laws. (Dela Cruz v. People, G.R. No. 209387, 2016)