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

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