Motion To Quash A Search Warrant
Motion To Quash A Search Warrant
Section 14. Motion to quash a search warrant or suppress evidence; where to file
REMEDIES OF PARTY ADVERSELY AFFECTED BY A SEARCH WARRANT:
1. Motion to quash the search warrant with the issuing court; or
2. Motion to suppress evidence with the court trying the criminal case.
NOTE: These remedies are ALTERNATIVE, hence if a motion to quash is denied, a motion to suppress evidence cannot be availed of subsequently
NOTE: A third option would be to file an action for replevin if the properties seized were lawfully
possessed.
The Moncado Ruling, saying that illegally seized documents, papers, and things are admissible in
evidence has already been ABANDONED.
The exclusion of such evidence is the only practical means of enforcing the constitutional injunction
against unreasonable searches and seizures.
WHERE TO FILE MOTION TO QUASH WARRANT
1. May be filed and acted upon ONLY by the court where the action has been instituted
2. If not criminal action has been instituted, MTQ may be filed with the court who issued the warrant. However, if such court failed to resolve the motion and a criminal action is subsequently filed in another court, the motion shall be resolved by the latter court
Section 14. Motion to quash a search warrant or suppress evidence; where to file
REMEDIES OF PARTY ADVERSELY AFFECTED BY A SEARCH WARRANT:
1. Motion to quash the search warrant with the issuing court; or
2. Motion to suppress evidence with the court trying the criminal case.
NOTE: These remedies are ALTERNATIVE, hence if a motion to quash is denied, a motion to suppress evidence cannot be availed of subsequently
NOTE: A third option would be to file an action for replevin if the properties seized were lawfully
possessed.
The Moncado Ruling, saying that illegally seized documents, papers, and things are admissible in
evidence has already been ABANDONED.
The exclusion of such evidence is the only practical means of enforcing the constitutional injunction
against unreasonable searches and seizures.
WHERE TO FILE MOTION TO QUASH WARRANT
1. May be filed and acted upon ONLY by the court where the action has been instituted
2. If not criminal action has been instituted, MTQ may be filed with the court who issued the warrant. However, if such court failed to resolve the motion and a criminal action is subsequently filed in another court, the motion shall be resolved by the latter court
Bigwas
Bigwas blog about Criminal law and Procedure, Criminology and Crimes, Philippine Banking and Finance, Insurance and Investment.