CHAPTER 2 : NATURE OF

MAN
CONTEMPORARY PERIOD
 Karl Maxx

•.
 WARRANTED SEARCH

• If a searching officer searched a house, domicile or dwelling without

first securing a search warrant, the officer may be held liable for
Violation of Domicile under Article 128 of the Revised Penal Code.

• On the other hand, even if the searching officer obtained valid search
but the manner of conducting the search was carried out in an abusive
manner or was maliciously obtained, the searching officer may be
liable for the crime of malicious procurement of a search warrant or
abuse in the service of the warrant under Article 129 of the RPC.
•
 Requirements for Issuance of
a Search Warrant

1. PROBABLE CAUSE
 There must be probable cause – Probable cause for purposes of
issuing a search warrant refers to “ such facts and circumstances
which could lead a reasonably discreet and prudent man to
believe than an offense has been committed and that the item(s),
article(s), or object(s) sought in connection with said offense or
subject to seizure and destruction by law is in the place to be
searched.”
 Requirements for Issuance of
a Search Warrant

• “Probable cause” is concerned with probability, not absolute or

even moral certainty. The prosecution need not present at this
stage proof beyond reasonable doubt. The standards of judgment
are those of a reasonably prudent man, not the exacting
calibrations of a judge after a full-blown trial.

• No law or rule states that probable cause requires a specific kind

of evidence. No formula or fixed rule for its determination exists.
Probable cause is determined (on a purely case-to-case basis).
 Requirements for Issuance of
a Search Warrant

• 2. Probable cause must be personally determined by the Judge.

• - Searches, seizures, and arrests are normally unreasonable unless
authorized by a court-issued search warrant or warrant of arrest. Thus,
the fundamental protection is that between person and police there
must stand a protective authority of a judge clothed with power to
issue or refuse to issue search warrants or warrant of arrest. The
determination of probable cause cannot be delegated by the judge,
regardless of the qualifications of the person on whom reliance is
placed. It is not permissible for the judge to share the required
determination with another. The examination must be probing and
exhaustive.
Requirements for Issuance of
a Search Warrant
Requirements for Issuance of
a Search Warrant
Requirements for Issuance of
a Search Warrant
Place for Application of Search Warrant
Place for Application of Search Warrant
Personal Property to be Seized
Personal Property to be Seized
Period of Validity of a Search Warrant
FORM OF A SEARCH WARRANT
FORM OF A SEARCH WARRANT
Two-witness Rule
Time of Making Search
Quashing a Search Warrant
Receipt and Inventory
Receipt and Inventory
END