S.A 2020/21 B.E REMEDIAL LAW | Question #01

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN REMEDIAL LAW 



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Code: S.A 2020/21 B.E REMEDIAL LAW | Question #01 


A search warrant was issued authorizing the police to search for and seize: “(a) documents that will show that the respondent is guilty of swindling and/or estafa; (b) copies of bounced checks; and (c) all other relevant matters.”

Is the search warrant valid? Explain briefly.


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No, the search warrant is not valid. The search warrant must particularly describe the place to be searched and the things to be seized (Rule 126, Sec. 4). There is no such place and things mentioned in the warrant. The issuance of a search warrant must be premised on a finding of probable cause; that is, the existence of such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place to be searched.



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