Search Warrants Maliciously Obtained
On Criminal Law
Search Warrants Maliciously Obtained and Abuse In The Service Of Those Legally Obtained
ART. 129.
Search warrants maliciously obtained and abuse in the service of those legally obtained. - In addition to the liability attaching to the offender for the commission of any other offense, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding P1,000 pesos shall be imposed upon any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same.
ACTS PUNISHABLE:
1. procuring a search warrant without just cause
ACTS PUNISHABLE:
1. procuring a search warrant without just cause
ELEMENTS:
1. That the offender is a public officer or employee;
2. That he procures a search warrant; and
3. That there is no just cause.
2. exceeding his authority by using unnecessary severity in executing a search warrant legally procured
1. That the offender is a public officer or employee;
2. That he procures a search warrant; and
3. That there is no just cause.
2. exceeding his authority by using unnecessary severity in executing a search warrant legally procured
ELEMENTS:
1. That the offender is a public officer or employee;
2. That he has legally procured a search warrant; and
3. That he exceeds his authority or uses unnecessary severity in executing the same.
NOTES:
Search warrant is valid for 10 days from its date of issue.
If there is no just cause, the warrant is unjustified.
The search is limited to what is described in the warrant, all details must be with set forth with particularity.
Example of a warrant maliciously obtained:
X was a respondent of a search warrant for illegal possession of firearms. A return was made. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place.
Examples of abuse in service of warrant:
1. X owner was handcuffed while search was going-on.
2. Tank was used to ram gate prior to announcement that a search will be made.
3. Persons who were not respondents were searched.
An exception to the necessity of a search warrant is the right of search and seizure as an incident to a lawful arrest.
1. That the offender is a public officer or employee;
2. That he has legally procured a search warrant; and
3. That he exceeds his authority or uses unnecessary severity in executing the same.
NOTES:
Search warrant is valid for 10 days from its date of issue.
If there is no just cause, the warrant is unjustified.
The search is limited to what is described in the warrant, all details must be with set forth with particularity.
Example of a warrant maliciously obtained:
X was a respondent of a search warrant for illegal possession of firearms. A return was made. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place.
Examples of abuse in service of warrant:
1. X owner was handcuffed while search was going-on.
2. Tank was used to ram gate prior to announcement that a search will be made.
3. Persons who were not respondents were searched.
An exception to the necessity of a search warrant is the right of search and seizure as an incident to a lawful arrest.
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