2020-21 Procedure and Professional Ethics, Q1

A search warrant was issued authorizing the police to search for and seize: “(a) documents that will show that the respondent is guilty of swindling and/or estafa; (b) copies of bounced checks; and (c) all other relevant matters.” Is the search warrant valid? Explain briefly.

Quick check

What constitutional requirement is violated when a search warrant is issued for multiple or alternative offenses?

What is the legal effect of a search warrant containing sweeping phrases like 'all other relevant matters'?

For how long does a search warrant remain valid from its date of issuance under Rule 126?

Where must an application for a search warrant generally be filed under Section 2, Rule 126?

What is the legal status of evidence obtained by virtue of a void general search warrant?

Learn more about these topics

1. One Specific Offense
Under Section 4, Rule 126 of the Rules of Court, a search warrant must be issued in connection with only one specific offense. This mandatory requirement prevents the issuance of scatter-shot warrants, which subject a respondent's property to general searching for multiple or unspecified crimes. When a search warrant references broad statutory crimes or alternative charges like swindling and estafa without specifying the particular offense, it violates the constitutional prohibition against unreasonable searches and renders the warrant completely void.

2. Particularity of Description
The Constitution and the Rules of Court require that a search warrant must particularly describe the place to be searched and the things to be seized. The description is considered particularly sufficient if it enables the executing officer to identify the property with reasonable certainty, leaving no discretion or leeway to the officer. Blanket phrases such as documents showing guilt or all other relevant matters grant unlimited discretion to searching officers, converting the warrant into an illegal general search warrant.

3. General Search Warrants
A general search warrant is one that fails to describe with particularity the items to be seized or issued for multiple offenses. General warrants are constitutionally abhorrent because they allow police officers to conduct fishing expeditions into a person's private papers and effects. Any evidence seized pursuant to a general or scatter-shot search warrant is inadmissible in evidence for any purpose in any proceeding under the exclusionary rule of the Constitution.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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