Practice question
Officers carry a daytime-only warrant and propose execution at midnight. They argue that the separate rule allowing arrest at any hour automatically authorizes every nighttime search. Which is correct?
- Arrest and search time rules are identical in every respect.
- The search must follow section 9 and the warrant’s direction; a permitted day-or-night search requires the stated basis and direction, not merely reliance on arrest hours.
- Every search warrant can be served only at night.
- Any officer may rewrite the warrant’s time direction orally.
- A camera automatically removes every time limit.
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 126 sections 7–12: entry, presence, search time, ten-day validity, receipt and return.
- https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf — A.M. 21-06-08-SC, Rule 3 sections 3–8: search recording supplements other execution safeguards, PDF pages 704–706.
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