Since the violations and threats of violations are getting imminent by the day, let me give a know-how of our rights against unreasonable search and seizure and what a search warrant actually looks like. (Thread)
First, our Consitution provides for safeguards against unreasonable search & seizure and it is enshrined in Art. 3, Sec 2 of the 1987 Phil Constitution:
"The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures
"The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures
of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce
And particularly describing the place to be searched and the persons or things to be seized. "
When you were served w/ a search warrant that means that someone has applied for it in court and the judge found probable cause to issue it.
When you were served w/ a search warrant that means that someone has applied for it in court and the judge found probable cause to issue it.
Generally, NO WARRANT, NO SEARCH, save for certain instances where warrantless search is allowed. Here are some of those:Warrantless search incidental to a lawful arrest;Search of evidence in “plain view;” Search of a moving vehicle; Consented warrantless search; customs search
Customs search; stop and frisk;
Exigent circumstances.
Other than these, the authorities cannot just barged in your houses.
Exigent circumstances.
Other than these, the authorities cannot just barged in your houses.
How does a search warrant looks like? The SW is issued by the court where it is applied, it is addressed to any peace officer to implement it. 
What are the important things that should be indicated in the warrant?
One search warrant must pertain to a single specific offense. It cannot cover multiple offenses. Otherwise it is called a scatter shot warrant and it is illegal and invalid.
One search warrant must pertain to a single specific offense. It cannot cover multiple offenses. Otherwise it is called a scatter shot warrant and it is illegal and invalid.
The warrant must state the CORRECT NAME of the person where it was issued. And it should contain the CORRECT AND COMPLETE ADDRESS of the place to be searched.
The CORRECT ADDRESS is very impt. The SW cannot indicate that the place to be searched is a red house, a green gate with a tree in front, or inside a compound where many houses are located. In short. THE SW MUST BE VERY SPECIFIC. (HOUSE NO., STREET, ETC )
If they intrude in a place other than the place specified in the SW, all the things that they searched inside that place will be INADMISSIBLE AS EVIDENCE.
WE CALL IT FRUIT OF THE POISONOUS TREE.
WE CALL IT FRUIT OF THE POISONOUS TREE.
The SW should also specifically indicate the things to be seized. They cannot take what is not written in the SW such as personal effects (money, laptop, clothes, appliances, and other valuable items) check niyo baka akyat bahay/police na yan.
TAKE NOTE THAT A SEARCH WARRANT HAS EXPIRATION. ALWAYS CHECK THE DATE WHEN IT WAS ISSUED. A SW IS ONLY VALID 10 DAYS AFTER IT WAS ISSUED BY THE COURT. THE POLICE CANNOT RECYCLE A SW.
Also NOTE that during the conduct of search, witnesses must BE PRESENT IN THE FF ORDER:
1. Lawful occupant, in the absence:
2. Any member of the family, in absence:
3. 2 witnesses of sufficient age and discretion residing in the locality; in absence:
4. Brgy. Captain/official
1. Lawful occupant, in the absence:
2. Any member of the family, in absence:
3. 2 witnesses of sufficient age and discretion residing in the locality; in absence:
4. Brgy. Captain/official
You are not precluded to take videos and photos during the search, but of course, the MFs won't allow you esp if their objective is to plant evidence.
After the search, they should leave a detailed receipt of the things seized.
After the search, they should leave a detailed receipt of the things seized.
THESE ARE ALL THEORETICAL AND MOSTLY DOES NOT HAPPEN IN REAL LIFE ESPECIALLY THAT THE AUTHORITIES ARE ABUSIVE IN ENFORCING SEARCH WARRANTS.
What we can do is to outwit and outsmart them by employing tactics you might know and think effective. Be creative and vigilant. KNOW YOUR RIGHTS AND FIGHT FOR IT.
