Practice question
After a search warrant issues, the prosecutor argues the court has already adjudicated every element of the offense beyond reasonable doubt and the accused can be sentenced without trial solely on that issuance. Which is correct?
- A search warrant is conclusive proof of guilt
- The warrant automatically waives the accused's defense
- Seizure itself is the judgment of conviction
- Issuance authorizes the specified search on the required showing; it does not replace proof of guilt and adjudication in the criminal case
- The officer who executes the warrant may impose sentence
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rules 120 §§4–6, 121 §§1–6, 122 §§1–3,6,11, and 126 §§1,3–5; read appellate periods with Rodriguez and current appellate routes.
- https://lawphil.net/judjuris/juri1994/may1994/gr_104879_1994.html — Malaloan v. Court of Appeals, G.R. No. 104879, May 6, 1994, EN BANC MAIN decision (search warrant as special criminal process, not the criminal action); territorial rules governed by current Rule 126.
- https://lawphil.net/consti/cons1987.html — 1987 Constitution, Article III, Section 2 (judicial probable cause and particularity).
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