Application of Search Warrant by James Conrad Martinez including application laws

Including applicable laws

1. Application of

2. What is Search Warrant?

3. For what purpose? To preserve the rights of property owner (Article III of 1987 Constitution) To legally search and seized the property To obtain evidence and be admissible in any court proceedings

4. Where to file? Any court within whose territorial jurisdiction a crime was committed. Any compelling reasons stated in the application, any court within the judicial region where the crime was committed.

5. Property to be seized? 1.) The following properties may be the objects of a search warrant : a) Properties which are the subject of the offense ; b) Stolen, embezzled proceeds, or fruits of the offense; and c ) Objects including weapons, equipment, and other items used or intended to be used as the means of committing an offense . 2) Objects that are illegal per se, even if not particularly described in the search warrant, may be seized under the plain view doctrine.

6. Validity of Search Warrant 1 ) The warrant shall be valid for ten days from date of issuance and may be served at any day within the said period. Thereafter, it shall be void . (daytime as general rule) 2) If, in the implementation of the search warrant, its object or purpose cannot be accomplished in one day, the search shall be continued without let up even if it exceeds one day or more until completed, provided it is still within the ten-day validity period of the search warrant. 3 ) If the object or purpose of the search warrant cannot be accomplished within the ten-day validity period, the responsible police officer conducting the search must file, before the issuing court, an application for the extension of the validity period of said search warrant.

7. Requisites in Application of Search Warrant? In writing, under oath and affirmation of the complainant and supported by the applicant Particularity Personal examination of the applicant and witnesses by the Judge. There is a probable cause – facts and circumstances presented

8. Requisites in issuance of search warrant? A search warrant shall be issued only upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses presented . The search warrant shall particularly describe the place to be searched and the things to be seized which may be anywhere in the Philippines. It includes the order requiring the use of at least one BWC and one ARD, or a minimum of two devices, or such number as may be necessary to capture and record the relevant incidents during its execution . (File a motion of e x – parte if BWC is not available)

9. Before the Application Summary of Information – overview or summary of information gathered during the course of an investigation, it provides clear picture of the case to the judges. Contact meeting report – interview of the witnesses and complainant Surveillance/ casing report – intelligence operation/ report from any government agency to affirms and verify the illegality. Development report – updates, leads, forensic analysis or any progress has been made

10. Content of Application of Search Warrant All applications for Search Warrant shall be approved for filing by the Chief of Office . The application shall indicate the following data : a) Office applying for the Search Warrant ; b) Name of officer-applicant; c ) Name of the subject, if known; d ) Exact address/place(s) to be searched ; e) Specific statement of things/articles to be seized; and f) Sketch and/or Picture, if available, of the place to be searched . g) The availability or unavailability of BWCs to be used in the execution of the warrant. In case of unavailability, request for authority to use ARDs