Minimum Requirement

• Probable Cause

Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accured, justifying a civil lawsuit.

Section 13 –Search Incidental to Lawful Arrest

Sec. 13. Search incident to lawful arrest. – A person lawfully arrested may be searched for dangerous

weapons or anything which may have been used or constitute proof in the commission of an offense

without a search warrant.

Jurisprudence recognized five generally accepted Exceptions

• A search incidental to a lawful arrest, as when the person being arrested is frisked for weapons he may otherwise be able to use against the arresting officers

• A search of moving vehicle• Consented Search knowingly agreeing to be searched

or waiver of objections to illegal search• Seizure of evidence in plain view• Persons exercising police authority under the custom

law may effect search and seizure without a search warrant in the enforcement of custom laws, except in a dwelling house.

Additional Exception

Justice Reynato Puno:• Exigent Circumstances

• Stop and Frisk

Sec. 14. Motion to quash a search warrant or to suppress evidence; where to file

Sec. 14. Motion to quash a search warrant or to suppress evidence; where to file. – A motion to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by the court where the action has been instituted. If no criminal action has been instituted, the motion may be filed in and resolved by the court that issued search warrant. However, if such court failed to resolve the motion and a criminal case is subsequently filed in another court, the motion shall be resolved by the latter court.

Quashing a Search Warrant

• A judge who issued the search warrant, no case has been filed, has authority to quash the search warrant which he issued, for lack of probable cause on the ground that there was no crime committed even if there already a complaint pending preliminary investigation before the prosecution

Effect of the Quashal of the search warrant on the preliminary investigation

• The effect if the quashal of the warrant on the ground that no offense has been committed is to render the evidence obtained by virtue of the warrant “inadmissible for any purpose in any proceeding” including the preliminary investigation

Transmittal of property where case is pending

• All personal property seized under the warrant shall forthwith be transmitted by it to the court wherein the criminal case is pending, with the necessary safeguards and documentation therefor.

Exception to the rule against Replevin as remedy

• This rule applies only where the property is lawfully held, that is, seized in accordance with the rule against warrantless searches and seizures or its accepted exceptions

Limited Authority of the court

• Search warrant court is not authorized to transfer ownership.