Nolasco v. Pano

Summary

Supreme Court case challenging the validity of Search Warrant No. 80-84 issued against suspected communist sympathizers Aguilar-Roque, Nolasco, and Tolentino. Petitioners sought to suppress evidence seized during search of Aguilar-Roque's residence, claiming the warrant violated constitutional requirements. The Supreme Court found the search warrant invalid for being a general warrant with insufficiently particular description of items to be seized and inadequate examination to establish probable cause. The warrant's broad language covering all conceivable CPP/NPA documents was constitutionally objectionable. However, the Court allowed retention of seized materials under the doctrine of warrantless search incident to arrest, since Aguilar-Roque was lawfully arrested near her dwelling and the search occurred within reasonable time. The decision balances individual privacy rights against public order interests, establishing important precedent on constitutional search and seizure requirements while recognizing exceptions for warrantless searches incident to lawful arrests.