Search Warrant - It is an order in writing that is issued in the name of the people of the Philippines and is signed by the Judge or a law officer. It is directed to a peace officer who is commanded to search for personal property and bring it before the Court.
A. Property subjects of search and seizure:
1. Properties which are subject of the offence;
2. Stolen or embezzled items;
3. Objects, including weapons, equipment, and other items used or intended to be used as the means of committing an offense; and
4. Objects that are illegal per se in plain view.
B. Requisites for issuing a search warrant:
As stated in Section 3, Rule 126, New Rules of Court in the Philippines, a search warrant shall be issued only upon probable cause in connection with one specific offense to be determined by the municipal or city judge after examination under oath or affirmation of the complaint and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized (Tradio, 2000).
C. Authority given to officers in the conduct of a search:
In the conduct of search, if after giving notice of this purpose and authority, the officer is refused admittance to the place of search, he/she may break open any outer or inner door or window or any part of a house or anything therein to execute the warrant or liberate himself/herself or any person lawfully aiding her/him when unlawfully detained therein.
D. Prohibited acts during a search:
1. Houses, rooms, or other premises shall not be searched except in the presence of the lawful occupant thereof or any member of his family, or if in the absence of the latter, in the presence of two (2) witnesses of sufficient age and discretion residing in the same locality; and
2. Lawful personal properties, and other valuables not specifically indicated or particularly described in the search warrant shall not be taken.
E. Requisites of a valid warrantless search and seizure:
1. Search that is incidental to a lawful arrest
2. Search of a moving vehicle
3. Customs search
4. Seizure of evidence in plain view
5. Consented search
A. Property subjects of search and seizure:
1. Properties which are subject of the offence;
2. Stolen or embezzled items;
3. Objects, including weapons, equipment, and other items used or intended to be used as the means of committing an offense; and
4. Objects that are illegal per se in plain view.
B. Requisites for issuing a search warrant:
As stated in Section 3, Rule 126, New Rules of Court in the Philippines, a search warrant shall be issued only upon probable cause in connection with one specific offense to be determined by the municipal or city judge after examination under oath or affirmation of the complaint and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized (Tradio, 2000).
C. Authority given to officers in the conduct of a search:
In the conduct of search, if after giving notice of this purpose and authority, the officer is refused admittance to the place of search, he/she may break open any outer or inner door or window or any part of a house or anything therein to execute the warrant or liberate himself/herself or any person lawfully aiding her/him when unlawfully detained therein.
D. Prohibited acts during a search:
1. Houses, rooms, or other premises shall not be searched except in the presence of the lawful occupant thereof or any member of his family, or if in the absence of the latter, in the presence of two (2) witnesses of sufficient age and discretion residing in the same locality; and
2. Lawful personal properties, and other valuables not specifically indicated or particularly described in the search warrant shall not be taken.
E. Requisites of a valid warrantless search and seizure:
1. Search that is incidental to a lawful arrest
2. Search of a moving vehicle
3. Customs search
4. Seizure of evidence in plain view
5. Consented search