Article 130 SEARCHING DOMICILE WITHOUT WITNESSES

Question 1

Elements of SEARCHING DOMICILE

WITHOUT WITNESSES

Answer 1

1) Offender is a public officer or 
employee; 
2) He is armed with search warrant 
legally procured; 
3) He searches the domicile, papers or 
other belongings of any person; 
4) The owner, or any members of his 
family, or two witnesses residing in 
the same locality are not present.

Question 2

Who must witness the search?

Answer 2

a. Homeowner
b. Members of the family of sufficient age and
discretion
c. Responsible members of the community

Question 3

Where can a search be questioned?

Answer 3

Validity of the search warrant can be questioned
only in two courts: where issued or where the case
is pending. The latter is preferred for objective
determination.