This case has been cited 2 times or more.
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2001-05-31 |
PARDO, J. |
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| With respect to the .22 caliber revolver with Serial No. 48673, that the police raiding team found in a drawer at the kitchen of petitioner's house, suffice it to say that the firearm was not mentioned in the search warrant applied for and issued for the search of petitioner's house. "Section 2, Article III of the Constitution lays down the general rule that a search and seizure must be carried out through or on the strength of a judicial warrant, absent which such search and seizure becomes `unreasonable' within the meaning of said constitutional provision."[46] "Supporting jurisprudence thus outlined the following requisites for a search warrant's validity, the absence of even one will cause its downright nullification: (1) it must be issued upon probable cause; (2) the probable cause must be determined by the judge himself and not by the applicant or any other person; (3) in the determination of probable cause, the judge must examine, under oath or affirmation, the complainant and such witnesses as the latter may produce; and (4) the warrant issued must particularly describe the place to be searched and persons or things to be seized."[47] Seizure is limited to those items particularly described in a valid search warrant. Searching officers are without discretion regarding what articles they shall seize.[48] Evidence seized on the occasion of such an unreasonable search and seizure is tainted and excluded for being the proverbial "fruit of a poisonous tree." In the language of the fundamental law, it shall be inadmissible in evidence for any purpose in any proceeding.[49] | |||||
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2001-05-04 |
PARDO, J. |
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| In People vs. Valdez,[28] the Court ruled that search and seizure conducted without the requisite judicial warrant is illegal and void ab initio. The prosecution's evidence clearly established that the police conducted a search of accused's backyard garden without a warrant; they had sufficient time to obtain a search warrant; they failed to secure one. There was no showing of urgency or necessity for the warrantless search, or the immediate seizure of the marijuana plants. | |||||