Searching Domicile Without Witnesses
On Criminal Law
Searching Domicile Without Witnesses
ART. 130.
ELEMENTS:
1. That the offender is a public officer or employee;
2. That he is armed with a search warrant legally procured;
3. That he searches the domicile, papers or other belongings of any person; and
4. That the owner, or any member of his family, or two witnesses residing in the same locality are not present.
NOTES:
Order of those who must witness the search:
- Homeowner
- Members of the family of sufficient age and discretion
- Responsible members of the community
Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. The latter is preferred for objective determination.
RULE 116: SEARCH AND SEIZURE
A search warrant is an order in writing
- Signed by a judge
- Directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
Requisites for issuing and search warrant:
- Probable cause, in connection with one specific offense, to be determined personally by the judge
- AFTER examination under oath or affirmation of the complainant and the witness he may produce
- Particular description of
- Place to be searched; AND
- Things to be seized which may be anywhere in the Philippines
EVEN IF the search warrant is valid there is violation of domicile in the following situations where:
- The officer exceeded his authority under the search warrant;
- He employed excessive severity or destruction in the house;
- The search was made when the occupants were absent and the search is conducted without at least 2 witnesses residing in the locality where the search was made
An officer may break open any outer or inner door or window of a house or any part of a house or anything therein WHEN these circumstances concur:
- He is refused admittance to the place of directed search;
- His purpose is to execute the warrant to liberate himself or any person lawfully aiding him when unlawfully detained therein;
- He has given notice of his purpose and authority.
The warrant must direct that it be served in the day time.
- HOWEVER, it can be served at any time of the day or night WHEN the affidavit asserts that the property is on the person or in the place ordered to be searched.
A search warrant shall be valid for ten (10) days from its date.
The officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made.
- In the absence of such occupant, the officer must leave a receipt in the place in which he found the seized property in the presence of at least two witnesses of sufficient age and discretion residing in the same locality.
ART. 130.
ELEMENTS:
1. That the offender is a public officer or employee;
2. That he is armed with a search warrant legally procured;
3. That he searches the domicile, papers or other belongings of any person; and
4. That the owner, or any member of his family, or two witnesses residing in the same locality are not present.
NOTES:
Order of those who must witness the search:
- Homeowner
- Members of the family of sufficient age and discretion
- Responsible members of the community
Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. The latter is preferred for objective determination.
RULE 116: SEARCH AND SEIZURE
A search warrant is an order in writing
- Signed by a judge
- Directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
Requisites for issuing and search warrant:
- Probable cause, in connection with one specific offense, to be determined personally by the judge
- AFTER examination under oath or affirmation of the complainant and the witness he may produce
- Particular description of
- Place to be searched; AND
- Things to be seized which may be anywhere in the Philippines
EVEN IF the search warrant is valid there is violation of domicile in the following situations where:
- The officer exceeded his authority under the search warrant;
- He employed excessive severity or destruction in the house;
- The search was made when the occupants were absent and the search is conducted without at least 2 witnesses residing in the locality where the search was made
An officer may break open any outer or inner door or window of a house or any part of a house or anything therein WHEN these circumstances concur:
- He is refused admittance to the place of directed search;
- His purpose is to execute the warrant to liberate himself or any person lawfully aiding him when unlawfully detained therein;
- He has given notice of his purpose and authority.
The warrant must direct that it be served in the day time.
- HOWEVER, it can be served at any time of the day or night WHEN the affidavit asserts that the property is on the person or in the place ordered to be searched.
A search warrant shall be valid for ten (10) days from its date.
The officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made.
- In the absence of such occupant, the officer must leave a receipt in the place in which he found the seized property in the presence of at least two witnesses of sufficient age and discretion residing in the same locality.
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