The judge does not have to personally examine the witnesses for a warrant of arrest to be issued.

- When there are reports/resolutions/affidavits

- The prosecutor who examined the witnesses acts for the judge ( he acts as the commissioner of
the judge/ pre-trial)
- Is the judge bound by the recommendation of the prosecutor? NO
- See Rule 112
- The judge can ask the prosecutor to establish pc
- PC needed by the prosecutor to apply for a warrant and the PC reqd from the judce to issue a
warrant is the same ..
- See Rule 113 (warrantless arrest)

Stop and Frisk Purpose

- Not to detain
- For protection of the police or people and detection of crime
- Probable Cause -> reasonable suspicion (as to the police)

Search warrant

- The judge must personally examine

- Because there is no prosecutor to examine for him
- Because in the application of SW, this is the first instance
- There must be a direct examination
- There must be transcripts as proof of direct examination/personal examination
- The clerk of court cannot examine for the judge

Incidental search after lawful arrest

- The arrest must be lawful

- The person was arrested on his vehicle few blocks away from his house, then the police went to
the house
o The arrest was valid (warrant of arrest)
o But the search was not
- The search right in the place where the person is arrested or within the reach of the police men to
destroy the weapons etc.
o This is different from plain view search
- Plain view
o The police must have the right to be in the position where he can see the objects to be
seized
He must have valid warrant
o The cite must be inadvertent
o Opening of drawers is not plain view (not inadvertent)

- Actually committing or attempting to commit

- Pp v. mingote
- Terry v. ohio
- Stonehill v. diokno

- Always go back to the requisites

o The police received a confidential information that there is a person who will bring
marijuana who is riding a jeepney
o The police conducted a check point
o Then they saw this guy whose stomach is bulging
o The police men searched him and found the marijuana
o Was the search valid?
- There was a search warrant
o It was specified Apartment 1 located in DV
o The police knew that the next apartment was owned by the same person, there they found
fire arms
o Such search was not valid
PARTICULAR description is essential for validity