Rule 126Section 9 & 10•Time of Making Search

• Validity of Search Warrant

Rule 126- Section 9Time of Making SearchGR: The warrant must direct that it be served

in the day time.Exception: Unless the affidavit asserts that the

property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night.

Rule 126- Section 10Validity of Search Warrant- A search warrant

shall be valid for ten (10) days from its date. Thereafter, it shall be void.

Mustang Lumber, Inc vs. Court of AppealsFacts: - A search warrant was secured on a certain date

and enforced the same on the same day. - But the raiding team could not finish the search

in one day, so they postponed it.

Issue:- Can you still continue tomorrow? Or must you

finish everything today?

Held: Yes, you can still continue