Practice question
Police seek a warrant to search a specified shop for particular stolen laptops. The judge conducts the required sworn searching examination and finds probable cause. The draft warrant nevertheless authorizes entry into any building in the city and seizure of any papers or objects useful in investigating any offense. Which defect remains?
- None, because probable cause makes particularity unnecessary.
- The judge should have delegated the examination.
- The probable-cause standard requires a final conviction before any search.
- The warrant is valid because officers promise restraint.
- The warrant's sweeping place and property descriptions create a general-search authorization despite the narrower evidence.
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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