SEARCH AND SEIZURE

 Nature of Search Warrant

Section 1.  Search warrant defined. — A search warrant is an order in writing issued in the name of the People of
the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.

 B. Distinguish from Warrant of Arrest

Note: The requirements for the issuance of a search warrant are more stringent than the requirements for the
issuance of a warrant of arrest. The violation of the right to privacy produces a humiliating effect which cannot
be rectified anymore. This is why there is no other justification for a search, except a warrant. On the other
hand, in a warrant of arrest, the person to be arrested can always post a bail to prevent the deprivation of
liberty.