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Examination Of Complainant


Section 5. Examination of complainant; record

REQUISITES OF PERSONAL EXAMINATION BY
THE JUDGE
1. The judge must examine the witnesses
   personally
2. It must be under oath
3. Examination must be reduced to writing in
   the form of probing and searching questions.

Probing and Searching Questions
The examination must be probing and exhaustive,
not merely routinary or pro forma

The questions must not merely be answerable by yes
or no.

Answers given cannot be based merely on reliable
information.

Application for a search warrant is heard ex-parte,
there is neither a trial nor a part of the trial.

Test to determine if an affidavit or testimony of the
witness is based on personal knowledge is whether
perjury could be charged against the witness.

Probable Cause Must be in Connection with One
Specific Offense
The purpose of this rule is to outlaw general
warrants. Otherwise, this would place the sanctity of
the domicile and the privacy of communication and
correspondence at the mercy of the whims, caprice
or passion of peace officers.

A warrant issued for the seizure of drugs connected
with “violation of the Dangerous Drugs Law” is valid.
Although there are many ways of violating the
Dangerous Drugs Law, it is not a scatter shot warrant
since it is in connection with only one penal law.

SCATTER SHOT WARRANT
It is a warrant that is issued for more than one
offense. It is void, since the law requires that a
warrant should only be issued in connection with one
specific offense.

Particularity of Description
The warrant must particularly describe the place to
be searched and the persons or things to be seized;

The constitution requires that it be a description
which particularly points to a definitely ascertainable
place, so as to exclude all others.

The description must be so particular that the officer
charged with the execution of the warrant will be
left with no discretion respecting the property to be
taken.

It may be said that the person to be searched is
particularly described in the search warrant when his
name is stated in the search warrant, or if the name
is unknown, he is designated by words sufficient to
enable the officer to identify him without difficulty.

Search warrant is severable, and those items not
particularly described may be cut off without
destroying the whole warrant

If there’s an error in the warrant, the officers should
go to the court to have it corrected

Anything not included in the warrant cannot be seized
EXCEPT if it is mala prohibita, in which case, the
seizure can be justified under the plain view doctrine.
Even if the object was related to the crime, but it is
not mentioned in the warrant nor is it mala prohibita,
it still cannot be seized.

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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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