Search Warrant Flashcards
What is a search warrant?
Under Section 1, Rule 126 of the Rules of Court, a search warrant is defined as an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
Which court should a search warrant be filed? Why so?
Under Malaloan v. Court of Appeals, any court may validly issue a search warrant for an offense that was committed outside its jurisdiction.
The power to issue warrants is a special criminal process, and it is inherent in all courts. It would be burdening for the law enforcement to correctly determine where they should apply for a search warrant in view of the uncertainties and possibilities as to the ultimate venue of the case.
What kind of property can be seized?
A search warrant may be issued for the search and seizure of a personal property:
(1) Subject of the offense
(2) Stolen or embezzled and other proceeds, or fruits of the offense
(3) Used or intended to be used as a means of committing an offense
What are the requisites for a valid search warrant?
(1) Probable cause is present
(2) The presence of probable cause is determined personally by the judge
(3) The complainant and the witnesses he or she may produce are personally examined by the judge under oath or affirmation
(4) The applicant and the witnesses testify on facts personally known to them
(5) The warrant specifically describes the place to be searched and the things to be seized
Asa a requisite for a valid search warrant, what does it mean that “the applicant and the witnesses testify on facts personally known to them”?
Persons swearing to or supporting the application for a search warrant must set forth the facts that they know personally and not conclusions or the beliefs of the affiant. Search warrants are not issued on loose, vague, or doubtful basis of fact, not on mere suspicion or belief.
How is probable cause in issuing a search warrant determined by the judge?
The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements, together with the affidavits submitted.
What are the instances when a search may be validly made without a search warrant?
(1) Search incidental to a lawful arrest
(2) Search of evidence in plain view
(3) Search of a moving vehicle
(4) Consented warrantless search
(5) Customs search
(6) Stop and frisk
(7) Exigent and emergency circumstances
When should a search warrant be served?
The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the night or day.
