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    When Should The Search Warrant Be Executed?

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    AbseniNalangKhoUy
    A search warrant can be executed during the daytime but in some cases at night if the property is mobile or on the accused's person. A warrant is valid for 10 days, and cannot be used again for the same purpose if already executed, except if the search was not finished within 1 day. The officer must provide a receipt for any seized property to the occupant or leave it in the presence of witnesses. A warrantless search can occur with consent, in plain view, as a search incident to a lawful arrest, or under exigent circumstances such as the destruction of evidence.

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    When Should The Search Warrant Be Executed?

    Uploaded by

    AbseniNalangKhoUy
    11 views3 pages
    A search warrant can be executed during the daytime but in some cases at night if the property is mobile or on the accused's person. A warrant is valid for 10 days, and cannot be used again for the same purpose if already executed, except if the search was not finished within 1 day. The officer must provide a receipt for any seized property to the occupant or leave it in the presence of witnesses. A warrantless search can occur with consent, in plain view, as a search incident to a lawful arrest, or under exigent circumstances such as the destruction of evidence.

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    A search warrant can be executed during the daytime but in some cases at night if the property is mobile or on the accused's person. A warrant is valid for 10 days, and cannot be used again for the same purpose if already executed, except if the search was not finished within 1 day. The officer must provide a receipt for any seized property to the occupant or leave it in the presence of witnesses. A warrantless search can occur with consent, in plain view, as a search incident to a lawful arrest, or under exigent circumstances such as the destruction of evidence.

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    © All Rights Reserved
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    11 views3 pages

    When Should The Search Warrant Be Executed?

    Uploaded by

    AbseniNalangKhoUy
    A search warrant can be executed during the daytime but in some cases at night if the property is mobile or on the accused's person. A warrant is valid for 10 days, and cannot be used again for the same purpose if already executed, except if the search was not finished within 1 day. The officer must provide a receipt for any seized property to the occupant or leave it in the presence of witnesses. A warrantless search can occur with consent, in plain view, as a search incident to a lawful arrest, or under exigent circumstances such as the destruction of evidence.

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    When should the search warrant be executed?

    >     If possible, it should be executed during the daytime


    >     But in certain cases, such as when the things/property seized are mobile or are in the person of the
    accused, it can be served during nighttime.

    For how long is the search warrant valid?

    — A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be void.

    QUESTION : IF THE WARRANT WAS EXECUTED EVEN BEFORE THE EXPIRATION OF THE 10-
    DAY PERIOD, CAN THE PEACE OFFICER USE THE WARRANT AGAIN BEFORE IT EXPIRES?

    Answer:

    No,  if  the  purpose  for  which  it  was  issued  has  already  been carried out, the warrant cannot be
    used anymore.
    >     The  exception  is  if  the  search  wasn’t  finished  within  1  day,  the warrant  can  still  be  used 
    the  next  day,  provided  it  is  still  within the 10-day period

    Is receipt required for seizure of properties, how?

    Yes. The officer seizing property under the warrant must give a detailed receipt for the same to the
    lawful occupant of the premises in whose presence the search and seizure were made,

    - or in the absence of such occupant, must, in the presence of at least two (2) witnesses of
    sufficient age and discretion residing in the same locality, leave a receipt in the place in which he
    found the seized property.

    What  is  the  duty  of  the  officer  when  he  seizes  the property?

    The  officer  seizing  the  property  under  the  warrant  must :

    1. give  a detailed  receipt  for  the  same  to  the  lawful  occupant  of  the premises in whose presence
    the search and seizure were  made, or

    2. in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and
    discretion residing in the same locality, leave a receipt in the place in which he found the seized property.

    Section 12. Delivery of property and inventory thereof to court; return and proceedings thereon. — (a) The
    officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true
    inventory thereof duly verified under oath.

    (b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has
    been made, and if none, shall summon the person to whom the warrant was issued and require him to
    explain why no return was made. If the return has been made, the judge shall ascertain whether section
    11 of this Rule has been complained with and shall require that the property seized be delivered to him.
    The judge shall see to it that subsection (a) hereof has been complied with.

    (c) The return on the search warrant shall be filed and kept by the custodian of the log book on search
    warrants who shall enter therein the date of the return, the result, and other actions of the judge.
    Note : A violation of this section shall constitute contempt of court.

    Could a search be done on a person lawfully arrested?

    Section 13. Search incident to lawful arrest.

    A person lawfully arrested may be searched for dangerous weapons or anything which may have been
    used or constitute proof in the commission of an offense without a search warrant.

    Can police conduct a search without a search warrant?

    Yes. Under some circumstances, police are authorized to conduct a search without first obtaining a
    search warrant. Common exceptions to the warrant requirement include:

    1. Consent.

    Police may conduct a search without a search warrant if they obtain consent. Consent must be freely and
    voluntarily given by a person with a reasonable expectation of privacy in the area or property to be
    searched.

    2. Plain View.

    An officer may seize evidence without a warrant if an officer is on the premises lawfully and the evidence
    is found in plain view.

    3. Search incident to arrest.

    While conducting a lawful arrest, an officer may search an individual's person and their immediate
    surroundings for weapons or other items that may harm the officer. If a person is arrested in or near a
    vehicle, the officer has the right to search the passenger compartment of that vehicle.

    Provided that:

    a. Arrest must be lawful

    b. It must be contemporaneous with the arrest in both time and place

    c. Within the vicinity of the person arrested, immediate control, which is the evidence of the offense
    or weapon

    4. Exigent and Emergency Circumstances.

    Police are not required to obtain a search warrant if they reasonably believe that evidence may be
    destroyed or others may be placed in danger in the time it would take to secure the warrant.

    5. Automobile Exception.

    An officer may search a vehicle if they have a reasonable belief that contraband is contained inside the
    vehicle.

    6. Hot Pursuit.

    Police may enter a private dwelling if they are in "hot pursuit" of a fleeing criminal. Once inside a
    dwelling, police may search the entire area without first obtaining a search warrant.

    7. Checkpoints

    8. Stop and Frisk


    9. Republic Act requiring inspections or body checks in airports

    11. In times of war and within military operations

    What are the instances of permissible warrantless arrest?

    1.    Arrest in flagrante delicto


    2.    Arrest effected in hot pursuit
    3.    Arrests of escaped prisoners

    When is the warrantless search of a moving vehicle allowed?

    > it is allowed when it is not practicable to secure a warrant

    What are the requirements in a warrantless search incidental to a lawful arrest?

    1. Arrest must be lawful

    2. It must be contemporaneous with the arrest in both time and place

    3. Within the vicinity of the person arrested, immediate control, which is the evidence of the offense
    or weapon

    Who should give consent to a warrantless search and what are the requisites?

    > Only the person whose right may be violated can give the consent; it is a personal right that
    cannot be availed of by third parties. The requisites are:

    1. The person has knowledge of his right against the search

    2. He freely and intelligently gives his consent in spite of such knowledge.

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