Practice question
The applicant provides affidavits and asks the judge to issue a warrant without any personal searching examination because the police already approved the operation. Is police approval a substitute?
- Yes, police approval binds the judge.
- No; the judge must perform the examination required by sections 4 and 5.
- Yes, if the operation is urgent, regardless of safeguards.
- Yes, if the affidavit is lengthy.
- No; judges may never consider affidavits.
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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