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Court Where Application For Search Warrant Shall Be Filed


Section 2. Court where application for search warrant shall be filed

GENERAL RULE:
It should be filed with the court within whose territorial
jurisdiction the crime was committed.

EXCEPTIONS:
1. for compelling reasons, it can be filed with the
   court within whose judicial region the offense
   was committed or where the warrant is to be
   served.
2. But if the criminal action has already been
   filed, the application for a search warrant can
   only be made in the court where the criminal
   action is pending.

SEARCH
It is an examination of a man’s house, buildings or
  other premises, or of his person, with a view to the
  discovery of some evidence of guilt to be used in the
  prosecution of a criminal action for some offense with
  which he is charged.

SEIZURE 
It is the physical taking of a thing into custody;
contemplates a forcible disposition of the owner

Note: A search warrant to be valid requires strict
compliance with the Constitution. Section 2 Article III
of the 1987 Constitution is the constitutional basis of
the rule on search and seizure

In general, the requirements for the issuance of a
search warrant is more stringent than the
requirements for the issuance of a warrant of
arrest. The violation of the right to privacy produces
a humiliating effect which cannot be rectified
anymore. This is why there is no other justification for
a search, except a warrant. On the other hand, in a
warrant of arrest, the person to be arrested can
always post bail to prevent the deprivation of liberty.

Search Warrant vs. Warrant of Arrest
1. Search Warrant - The applicant must show:
   1. that the items sought are in fact sizeable by virtue of
      being connected with criminal activity;
   2. that the items will be found in the place to
      be searched.

   Warrant of Arrest - The applicant must show:
   1. probable cause that an offense has been committed;
   2. that the person to be arrested committed it.

2. Search Warrant - The judge must conduct a personal,
   searching examination of the applicant and his
   witnesses

   Warrant of Arrest - The judge need not conduct a personal
   examination of the applicant and his witnesses. He may
   rely on the affidavits of the witnesses and the
   recommendation of the prosecutor.

3. Search Warrant - Valid only for 10 days

   Warrant of Arrest - Does not become stale

4. Search Warrant - To be served only during the daytime,
   unless affidavit alleges that the property is on
   the person or in the place to be searched

   Warrant of Arrest - May be served on any day and at any time of
   day or night









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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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