Tuesday, May 26, 2015

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 and things to be seized.

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