Thursday, December 3, 2009

Requisites for Valid Search Warrant and Warrant of Arrest (Sec. 2. Art. III)

1. It must be issued upon probable cause;

2. The probable cause must be determined personally by the judge himself;

3. The determination of the existence of probable cause must be made after examination by the judge of the complainant and the witnesses he may produce; and

4. The warrant must particularly describe the place to be searched, and the persons or things to be seized.

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