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Crim Pro Notes
Crim Pro Notes
Search warrants
Search warrant must be applied within the territorial jurisdiction of the court
Exception:
Compelling reason
Exception to the exception:
When a criminal action has already been filed
The warrant must name the person, or must be particularly described (descriptio personae)
Search warrants must only contain one offense. But if it is punished by one particular law (such as drugs,
and drug paraphernalia), it can be contained into a single search warrant.
Search warrants must be used 10 days from issuance, otherwise it cannot be implemented.
Search warrants can be implemented at any time of the day.
When the items of search warrants are found, it should be immediately marked for identification, and then
inventoried.
If the officers of the law are refused admittance to the place to be searched, they have to announce their
authority so that they will have the right to force their way in.
Exceptions:
(1) searches and seizures incidental to a lawful arrest
(2) consented searches
(3) search of moving vehicles
(4) plain-view doctrine