Practice question
A warrant is issued on unsupported assertions without the required pre-issuance examination. Officers later find incriminating property and argue that the discovery retroactively performs the judge’s omitted duty. Is that sound?
- Yes, successful results replace prior safeguards.
- No; the Rule requires the judicial determination and examination before issuance, not justification created by the search result.
- Yes, because every seizure proves the warrant was valid.
- Yes, unless the seized item is small.
- No; evidence can never support any application.
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 126 sections 4–6: one specific offense, personal judicial determination, searching examination and issuance.
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