Legal Questions

What are the requirements before a search warrant is issued?

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The requirements are:

(1) the warrant 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 or things to be seized.

**Outlined from Read Frank Uy Unifish Packing Corp. vs Bureau of Internal Revenue

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