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Application for search warrant (with no criminal action pending), [No…
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[No criminal action pending] Motion to quash a search warrant/suppress evidence is filed in court where search warrant was issued #
If motion to quash is granted, the final order may be appealed (Worldwide Web Corp. v. People)
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[With criminal action pending] Motion to quash a search warrant/suppress evidence is filed in court where the criminal action has been instituted
If motion to quash is granted, the interlocutory order may not be appealed (Worldwide Web Corp. v. People)
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Note: in above exceptions, filing in courts require compelling reasons stated in the application
Rules in the conduct of the examination of the complainant and the witnesses he may produce:
- The examination must be personally conducted by the judge
- The examination must be in the form of searching questions and answers
- The complainant and the witnesses shall be examined on those facts personally known to them
- The statements must be in writing and under oath
- The sworn statements of the complainant and the witnesses, together with the affidavits submitted, shall be attached to the records.
Rules in conduct of search:
- Time: The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night.
- Manner: No search of a house, room, or any other premise shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality.
- The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein.
Duty of the judge:
Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has been made, and if none, shall summon the person to whom the warrant was issued and require him to explain why no return was made.
If the return has been made, the judge shall ascertain whether section 11 of this Rule has been complained with and shall require that the property seized be delivered to him. The judge shall see to it that there is a true inventory of the property duly verified under oath.
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However, if such court failed to resolve the motion and a criminal case is subsequent filed in another court, the motion shall be resolved by the latter court.