Practice question
A proposed warrant would let officers choose any building in a neighborhood and seize anything they consider suspicious, without particular descriptions of the place or things. The applicant says this flexibility will make enforcement easier. Which is correct?
- Enforcement convenience always overrides particularity
- Officers may set the warrant's limits after issuance
- A general authority is sufficient if the applicant is sincere
- The proposal fails the particularity requirement; convenience cannot replace judicially defined search and seizure limits
- Particularity matters only after trial
Legal references
- Rules of Court, Rule 126, Sections 4–6.
- Reviewed primary authority, Rule 126, Sections 4–6: https://lawphil.net/courts/rules/rc_110-127_crim.html
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