SEC. 11. Receipt for the property seized. The officer seizing the property under the warrant must give a detailed receipt for the same to the lawful o…
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Showing posts with the label Rule 126 - Search and SeizureShow all
Two-Witness Rule
Rule 126 - Search and Seizure
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What is the two-witness rule (also called witness-to-search rule)? The two-witness rule is embodied in Section 8 of Rule 126, which reads: "S…
Read moreWhat is the "stop-and-frisk" doctrine? "Stop-and-frisk" (also called Terry Search) is defined as the vernacular designation of…
Read moreConsented Search
Rule 126 - Search and Seizure
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Clear and convincing evidence Consent to a search is not to be lightly inferred, but shown by clear and convincing evidence . It must be voluntary …
Read moreValid Terry Searches Posadas v Court of Appeals, G.R. No. 89139, 02 Aug 1990 Facts: Two policemen where conducting a surveillance, when th…
Read moreDistinguish between a search warrant and a warrant of arrest The issuance of search warrants is altogether different from the issuance of warrants o…
Read moreWhat is a search warrant?
Criminal Procedure
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A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, comman…
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