5 Enero,2025 Linggo
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ABS 2025
SW must clearly specify locations of search– SC
By J.Lo
Supreme Court (SC) has reminded authorities that search warrants are invalid if they do not clearly identify places that will be searched, as it violates right against unlawful searches and seizures.
Search warrants must be precise to avoid rights violations and invalidated operations, according to SC.
Citing decision by Senior Associate Justice Marvic Leonen, SC has acquitted Lucky Enriquez of drug charges due to defective search warrant and its irregular execution.
Case stemmed from 2017 operation by Philippine Drug Enforcement Agency, PDEA implemented search warrant showing address “Informal Settler’s Compound, NIA Road, Barangay Pinyahan, Quezon City.”
Without knocking or announcing their presence, PDEA agents rushed through open door and apprehended Enriquez, confiscating sachets of shabu.
SC ruled search warrant gave PDEA agents unlimited power to search entire compound as it was too broad and essentially general warrant, prohibited by Constitution.
Government agents can only force their way into property if they are denied entry, rule that protects person being served with warrant and agents from possible violence could ensue from unannounced entry, high court said.
Enriquez was also unable to witness search, SC noted.
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