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Philippine Bar review · Question

Practice question: Requisites for Issuance

Multiple Choice Hard

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?
  1. Enforcement convenience always overrides particularity
  2. Officers may set the warrant's limits after issuance
  3. A general authority is sufficient if the applicant is sincere
  4. The proposal fails the particularity requirement; convenience cannot replace judicially defined search and seizure limits
  5. 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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