Practice question
Which best describes a search warrant under Rule 126, Section 1?
- A private permission slip signed by the complainant
- A written judicial order in the name of the People directing a peace officer to search for described personal property and bring it before the court
- A judgment of conviction
- A prosecutor's oral instruction alone
- A final deed transferring ownership to the searching officer
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).
Answer this question in flashcards to review your response and continue practicing.