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Time Of Making Search


Section 9. Time of making search

GENERAL RULE
Warrant must be directed and served in the daytime

EXCEPTIONS:
1. if there are emergencies
2. property is on the person or place to
   be searched

The general rule prohibits search in the night
because sometimes robberies happen, under the
pretense of searches



Section 10. Validity of search warrant

A warrant is valid for ten days from its date. After
such time, it is VOID.

A search warrant cannot be used everyday for 10
days, and for a different purpose each day – warrant
used to seize one thing cannot be used as authority
to make another search

This rule is NOT APPLICABLE when the search for a
property mentioned in the warrant was not completed
on the day when the warrant was issued and had to
be continued the next day



Section 11. Receipt for the property seized

Officer seizing the property under the warrant must
give a detailed receipt for the same to the lawful
occupant or any member of the family or at least 2
witnesses of sufficient age and discretion residing in
the same locality. The property will then be held in
custodia legis



Section 12. Delivery of property and inventory
thereof to court; return and proceedings thereon

(a) The officer must forthwith deliver the property seized
    to the judge who issued the warrant, together with a true
    inventory thereof duly verified under oath.

(b) Ten (10) days after issuance of the search warrant, the
    issuing judge shall ascertain if the return has been made,
    and if none, shall summon the person to whom the warrant was
    issued and require him to explain why no return was made. If
    the return has been made, the judge shall ascertain whether
    section 11 of this Rule has been complained with and shall
    require that the property seized be delivered to him. The
    judge shall see to it that subsection (a) hereof has been
    complied with.

(c) The return on the search warrant shall be filed and kept
    by the custodian of the log book on search warrants who
    shall enter therein the date of the return, the result,
    and other actions of the judge.

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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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