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The issuance of a search warrant in the Philippines is governed by the Rules of Court.

The
Rules of Court provide that a search warrant may be issued upon probable cause in connection
with the commission of an offense and after examination under oath or affirmation of the
complainant and the witnesses he may produce.

In order for a search warrant to be issued, the following requisites must be present:

1. Probable cause must exist. Probable cause is defined as a reasonable ground of suspicion
supported by circumstances sufficiently strong in themselves to warrant a cautious man’s belief
that the person accused is guilty of the offense with which he is charged.

2. The application for a search warrant must be in writing and must state the facts and
circumstances relied upon by the applicant to justify his belief that an offense has been
committed and that the objects sought in connection with the offense are in the place to be
searched.

3. The applicant must swear or affirm before the judge or justice of the peace that his
statements are true and correct to his own knowledge and belief.

4. The judge or justice of the peace must examine under oath or affirmation, in addition to the
applicant, any witnesses he may produce who can testify as to the facts within their knowledge
relative to the probable cause for issuing a search warrant.

5. The search warrant must particularly describe the place to be searched and persons or things
to be seized.

In the Philippines, a search warrant may be issued for the purpose of searching for and seizing
evidence of a crime. For example, in the case of People v. Ching, the Supreme Court of the
Philippines held that a search warrant was properly issued for the purpose of searching for and
seizing firearms and ammunition that were believed to be used in the commission of a crime.

The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and
seizures by requiring that a search warrant be based on probable cause and must particularly
describe the place to be searched and the persons or things to be seized. This ensures that law
enforcement officers do not conduct searches without proper authorization or without
reasonable suspicion that a crime has been committed.

For example, in some jurisdictions, law enforcement may be able to obtain a warrantless search
if there is an emergency situation or if they have consent from the person whose property is
being searched. Additionally, certain types of searches may not require a warrant at all, such as
searches incident to arrest or searches conducted in public places.

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