to be searched and the items to be seized

6. the sworn statements together with the affidavits of the witnesses must be attached to
the record.

? When is the affidavit or testimony of the witness said to be based on personal knowledge?

The test is whether perjury could be charged against the witness.

? Is it necessary that the person named in the search warrant be the owner of the things to be
seized?

No. Ownership is of no consequence. What is relevant is that the property is connected to an

offense.

? What are the requisites of the personal examination that the judge must conduct before issuing
the search warrant?

The judge must:

1. examine the witnesses personally;

2. under oath;

3. and reduced to writing in the form of searching questions and answers.

? What is a “scatter shot warrant”?

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

? A warrant was issued for the seizure of drugs connected with “violation of the Dangerous Drugs
Law.” Is the warrant valid?

The warrant 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.

? Police officers applied for a warrant to search Door #1 of an apartment complex. The court
issued the warrant. When the went to the apartment complex, they realized that what they
thought was Door #1 was actually Door #7. Can they search Door #7?

Personal Property Atty. Pejana

No. What is controlling is what is stated in the warrant, not what the peace officers had in mind,
even if they were the ones who gave the description to the court. This is to prevent abuses in the
service of search warrants.

? Can the police officer seize anything that is not included in the warrant?

No. 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.

? Police officers went to a house to execute a search warrant. They found a pistol on the table,
but the pistol was not included in the search warrant. Can they seize the pistol?

No. It is not mala prohibita, and they have no proof that it is unlicensed.

? What should the police officer or court do to things seized illegally?

Anything seized illegally must be returned to the owner unless it is mala prohibita. In this case, it
should be kept in custodia legis.

? When should the search warrant be executed?

If possible, it should be executed during the daytime. But in certain cases, such as when the
things to be seized are mobile or are in the person of the accused, it can be served during
nighttime.

? For how long is the search warrant valid?

It is valid for 10 days, after which the peace officer should make a return to the judge who issued
it. If the peace officer does not make a return, the judge should summon him and require him to
explain why no return was made. If the return was made, the judge should determine if the
peace officer issued a receipt to the occupant of the premises from which the things were taken.
The judge shall also order the delivery to the court of the things seized.

? If the warrant was executed even before the expiration of the ten-day period, can the peace
officer use the warrant again before it expires?

Personal Property Atty. Pejana

No. If the purpose for which it was issued has already been carried out, the warrant cannot be
used anymore. The exception is if the search was not finished within one day, the warrant can
still be used the next day, provided that it is still within the 10-day period.

SUMMARY

1. The Constitution does not prohibit all kinds of searches and seizures. It only prohibits
unreasonable searches and seizures.

2. A search and seizure is unreasonable if it is made without a warrant, or the warrant was
invalidly issued.

3. A search and seizure without a warrant is still reasonable if conducted under the
following circumstances:

a. Incident to a lawful arrest

? It must be made AFTER the arrest. The objective is to make sure that the life of the peace
officer will not be endangered.

? It must be contemporaneous with the arrest in both time and place.

b. Search of moving vehicles

c. Consent searches

? Only the person whose right may be violated can give the consent; it is a personal right.

? The requisites are:

(1) The person has knowledge of his right against the search;

(2) He freely gives his consent in spite of such knowledge.

d. Objects in plain view

? Requisites:

Personal Property Atty. Pejana

(1) There must have been a prior valid intrusion, and the officer must have had a right to be
at the place searched at the time of the search;

(2) The evidence was inadvertently discovered;

(3) The evidence must be immediately apparent;

(4) There was no need for further search.

e. Customs searches

f. Stop and Frisk/ Exigent circumstances

g. Emergency

Personal Property Atty. Pejana