Thursday, June 11, 2015

THE VALIDITY OF THE ISSUANCE OF A SEARCH WARRANT RESTS UPON THE FOLLOWING FACTORS: | MVP Law | Philippines

See - THE VALIDITY OF THE ISSUANCE OF A SEARCH WARRANT RESTS UPON THE FOLLOWING FACTORS: | MVP Law | Philippines





"x x x.

THE VALIDITY OF THE ISSUANCE OF A SEARCH WARRANT RESTS UPON THE FOLLOWING FACTORS:

           (1)      it must be issued upon probable cause;

           (2)      the probable cause must be determined by the judge himself and not by the applicant or any other person;

          (3)      in the determination of probable cause, the judge must examine, under oath or affirmation, the complainant and such witnesses as the latter may produce; and

          (4)      the warrant issued must particularly describe the place to be searched and persons and things to be seized.

x x x."