This case has been cited 3 times or more.
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2014-03-05 |
BRION, J. |
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| Aside from the requirement of probable cause, the Constitution also requires that the search warrant must particularly describe the place to be searched and the things to be seized. This requirement of particularity in the description, especially of the things to be seized, is meant to enable the law enforcers to readily identify the properties to be seized and, thus, prevent the seizure of the wrong items. It seeks to leave the law enforcers with no discretion at all regarding these articles and to give life to the constitutional provision against unreasonable searches and seizures.[66] In other words, the requisite sufficient particularity is aimed at preventing the law enforcer from exercising unlimited discretion as to what things are to be taken under the warrant and ensure that only those connected with the offense for which the warrant was issued shall be seized.[67] | |||||
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2014-01-13 |
SERENO, C.J. |
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| Furthermore, the Court also had occasion to rule that the particularity of the description of the place to be searched and the things to be seized is required "wherever and whenever it is feasible."[62] A search warrant need not describe the items to be seized in precise and minute detail.[63] The warrant is valid when it enables the police officers to readily identify the properties to be seized and leaves them with no discretion regarding the articles to be seized.[64] | |||||
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2010-02-20 |
PERALTA, J. |
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| Therefore, the validity of the issuance of a search warrant rests upon the following factors: (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.[19] | |||||