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Understanding Search Warrants in the Philippines

A search warrant is a written order issued by a judge and directed to a peace officer, commanding them to search for specific personal property described in the warrant and bring it before the court. The requirements for obtaining a search warrant are more stringent than those for an arrest warrant due to the potential violation of privacy rights, which cannot be rectified after the fact. A search is only justified when a valid warrant has been issued by a judge, whereas an arrested individual can post bail to prevent deprivation of liberty.

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Samuel Walsh
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64 views2 pages

Understanding Search Warrants in the Philippines

A search warrant is a written order issued by a judge and directed to a peace officer, commanding them to search for specific personal property described in the warrant and bring it before the court. The requirements for obtaining a search warrant are more stringent than those for an arrest warrant due to the potential violation of privacy rights, which cannot be rectified after the fact. A search is only justified when a valid warrant has been issued by a judge, whereas an arrested individual can post bail to prevent deprivation of liberty.

Uploaded by

Samuel Walsh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SEARCH AND SEIZURE

 Nature of Search Warrant

Section 1.  Search warrant defined. — A search warrant is an order in writing issued in the name of the People of
the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.

 B. Distinguish from Warrant of Arrest

Note: The requirements for the issuance of a search warrant are more stringent than the requirements for the
issuance of a warrant of arrest. The violation of the right to privacy produces a humiliating effect which cannot
be rectified anymore. This is why there is no other justification for a search, except a warrant. On the other
hand, in a warrant of arrest, the person to be arrested can always post a bail to prevent the deprivation of
liberty.

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