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    Rule 126

    Uploaded by

    Faith Lacrete
    The document discusses search and seizure under Philippine law. It defines a search warrant, outlines the requisites for issuing one, and describes exceptions to the warrant requirement such as search incident to arrest or consent. It also discusses serving warrants and the knock and announce principle.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Rule 126

    Uploaded by

    Faith Lacrete
    16 views14 pages
    The document discusses search and seizure under Philippine law. It defines a search warrant, outlines the requisites for issuing one, and describes exceptions to the warrant requirement such as search incident to arrest or consent. It also discusses serving warrants and the knock and announce principle.

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    © © All Rights Reserved

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    PPTX, PDF, TXT or read online from Scribd

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    The document discusses search and seizure under Philippine law. It defines a search warrant, outlines the requisites for issuing one, and describes exceptions to the warrant requirement such as search incident to arrest or consent. It also discusses serving warrants and the knock and announce principle.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    16 views14 pages

    Rule 126

    Uploaded by

    Faith Lacrete
    The document discusses search and seizure under Philippine law. It defines a search warrant, outlines the requisites for issuing one, and describes exceptions to the warrant requirement such as search incident to arrest or consent. It also discusses serving warrants and the knock and announce principle.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 14

    ) ) ) ) ) ) ) ) )

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    RULE 126

    Search & Seizure


    Presented by: Faithleen Mae P. Lacrete
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    NATURE

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    General Overview

    May be invoked only in furtherance NOT a proceeding against a person


    of public prosecutions
    An application for search warrant is
    It is interlocutory in character not a criminal action
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    ) ) ) ) ) ) ) ) )
    SEARCH WARRANT

    1 2 3
    An order in writing Directed to a
    Signed by a
    issued in the name peace officer
    of the People of the judge
    Philippines
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    ) ) ) ) ) ) ) ) )
    GENERAL
    WARRANT

    a search or arrest warrant that is not particular


    as to the person to be arrested or the property to
    be seized; may not describe the items to be
    seized
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    Chapter 1

    DURATION OF THE VALIDITY OF


    SEARCH WARRANNT
    Valid for 10 days from the date of its issue
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    DISTINGUISH

    SEARCH SEIZURE

    Examination of a man’s Physical taking of a thing


    house or other buildings or into custody
    premises for the discovery
    of contraband or illicit or
    stolen property
    ) ) ) ) ) ) ) ) )
    ) ) ) ) ) ) ) ) )
    APPLICATION FOR SEARCH
    WARRANT, WHERE FILED

    • Filed with the court within the


    territorial jurisdiction
    Exceptions:
    • For compelling reasons
    • If criminal action has been filed
    • Involving heinous crimes, illegal
    gambling, illegal possession of
    firearms and Comprehensive
    Dangerous Drugs Act
    ) ) ) ) ) ) ) ) )
    ) ) ) ) ) ) ) ) )
    REQUISITES BEFORE A SEARCH
    WARRANT MAY BE ISSUED
    Contents

    01 Issued upon Probable


    02 One specific offense
    Cause

    03 Determined by the issuing


    04 The judge personally
    judge personally examined the applicant and
    witnesses
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    REQUISITES BEFORE A SEARCH
    WARRANT MAY BE ISSUED
    Contents

    05 Particularly describe or
    06 Particularly describe the
    identify the property to place to be searched
    be seized

    07 Sworn statements Not issued more than 10


    days
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    ) ) ) ) ) ) ) ) )
    WARRANTLESS
    SEARCH

    it is necessary that the officer effecting the arrest or


    seizure was impelled to do so because of probable
    cause
    ) ) ) ) ) ) ) ) )
    ) ) ) ) ) ) ) ) )

    SERVICE OF SEARCH
    WARRANT

    • Announce their presence


    • Identify themselves to the accused
    • Show to them the search warrant
    • Explain the warrant in a language or dialect known
    and understood by them
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    ) ) ) ) ) ) ) ) )
    KNOCK AND
    ANNOUNCE

    An officer should knock, introduce himself and


    announce his purpose and only in exceptional cases
    may he forego the same, like when his safety is in
    danger of being jeopardized or when evidence is about
    to be destroyed.
    ) ) ) ) ) ) ) ) ) Intro
    ) ) ) ) ) ) ) ) )
    EXCEPTIONS TO SEARCH
    WARRANT REQUIREMENT

    1. Search incident to lawful arrest 6. Stop and frisk situations (Terry doctrine);
    2. Consented search (waiver of right) 7. Enforcement of custom laws;
    3. Search of moving vehicle (Caroll doctrine) 8. Immediate control test;
    4. Checkpoints; body checks in airports; 9. Exigent and emergency circumstances;
    5. Plain view doctrine;
    ) ) ) ) ) ) ) ) ) Intro
    ) ) ) ) ) ) ) ) )

    PROJECT OVERVIEW

    Lorem ipsum dolor sit amet, consectetur


    adipiscing elit. Suspendisse quis enim pretium,
    bibendum ante ullamcorper, tincidunt augue.
    Nunc sed lorem aliquam, malesuada lectus eu,
    placerat lorem. Proin at aliquet sapien, vitae
    elementum mi. Nullam suscipit ante at mi
    malesuada, id sodales dolor dictum.

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