Philippine Bar review · Question

Practice question: Requisites of a Valid Warrant

Multiple Choice Medium

Practice question

An otherwise detailed warrant application describes only unspecified suspicious conduct. No facts establish probable cause that a specific offense occurred or that the identified objects connected with it are in the proposed search location. Does detailed formatting alone justify issuance?
  1. Yes, because length establishes probable cause.
  2. No; probable cause requires supporting facts, not merely a detailed-looking form.
  3. Yes, because any suspicion is conclusive.
  4. Yes, if the applicant promises to discover the offense later.
  5. No; probable cause requires proof of guilt beyond reasonable doubt.

Legal references

  • 1987 Constitution, Article III Section 2: https://lawphil.net/consti/cons1987.html
  • Rules of Court, Rule 126 Sections 4–5: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html

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