Rule 126 127 QS
Rule 126 127 QS
Rule 126 127 QS
13. Can fortes recover back her pipe and rolling paper?
- No because the property seized is illegal. They will
be confiscated or forfeited by the government
14. There was no SW and w/o SW there was seizure and the
seizure was not even preceded by a valid WoA? So
there was a warrantless seizure. What were seized were
drugs so the court said yes this cannot be used as
evidence bcs fruit of the poisonous tree bcs of the
invalid arrest and seizure. Since the seizure was invalid
can you recover back your drugs?
- No. bcs the possession of illegal drugs is illegal. So
it should be confiscated in favor of the state. It is a
contraband so even if it was invalidly seized you still
cant get it back
22. What if you know the owner of the place but you don’t
know his real name. Can a search warrant be issued in
favor of a person under JOHN DOE?
- Yes. As long as he can still be identified by distinct
marks or his address and occupation or age or
appearance
25. When will the judge issue a search warrant and what is
the form?
- Upon determination of probable cause by the judge
after examination of the witnesses and complainant
under oath.
- Sw shall particularly describe the placr to be
searched and things to be seized.
26. Dimal and Castillo vs People
33. What is this relief that they will file to recover the
property?
- Writ of replevin if the object is legally possessed.
62. Police officer went to your house, they knocked and you
opened the for and then they asked you, “nabalitaan
naming drug addict ka, swede tumingin-tingin lang
kami sa loob ng bahay mo, check lang namin.” then you
proceeded to take out an outfit as Mrs. Pots in Beauty
and the Beast and you sang “be our guest”
a. the person should know that the right existed and that
he is aware that he can avail to such right
b. he knowingly waived his right
73. PPL VS OGAYON
74. Sa SM body checking, can you invoke your constitutional
right?
- No, because bill of rights is only enforceable against the
state not for private individual. But it can be basis for damages
under independent civil action.
75. When going to a parking in SM, the guards said open your
trunk, you can’t invoke your constitutional right against
unreasonable searches and seizure, can you demand search
warrant before opening your trunk?
- No
76. Can they tell you not to enter unless you allowed searches
in your vehicle?
- Yes, it is valid. Since it is a private institution, they
can impose rules and regulations as deemed necessary.
77. Vaporoso vs people
78. Is the 2nd search valid?
- No .
79. Sanchez vs people
80. Why the court allowed stop and frisk
- Law enforcement officers there would be circumstance that
will incite probable cause them to make stop and frisk in order
them to proceed investigation without them being harm of
concealed weapons.
81. People vs cogaed
82. People vs comprador
83. Why there can be search without a warrant for moving
vehicle?
- Because the vehicle is moving and if the police
officer will get the sw first then it will be too late to apprehend
the moving vehicle
Because apply for search warrant, it must decribed the
particulary described the place to be search. It be done for
vehicles because it is moving from one place to another.
84. People vs lo ho wing
85. Caballes vs ca
86. In checkpoint in limited for visual view?
- Yes.
87. Is there subject for exception?
Plain view doctrine
92. You are a police officer and you are enforcing a search
warrant for a violation of Intellectual Property rights.
Your client is SanRio and there are fake SanRios named
“bye bye kitty” (ginaya nila young hello kitty). You went
to the place to be searched. While you were there, you
already got the bye bye kitties that were infringing in the
IP rights. Then, you said “hmm, tingin ko masama itong
taong to at marami pa Siyang other illegal things” so
you went through the cabinets. You saw that there were
crystalline substances that later on turned out to be
drugs. Is this valid under the plain-view doctrine?
--PART 7--
112. But if the return is made there and the materials are
seized were deposited to the court that issued the
warrant, how can it be used as evidence in Quezon City?
- The evidence used will be transferred to the court where it
was subsequently filed.
Provisional Remedies
Third one was like our earlier discussion, question was “Can
criminal Prosecution be restrained?” “Pwede ka bang mag-injuction
or TRO ng criminal prosecution?”
“Si Mr. Sobrevilla ang saya niya sabi niya” Yes! One is Enough!
Hahahaha!!”
ANNOUNCEMENTS
On a good note, baka daw mag21 ang start ng exams para sa 2nd
year and 3rd year
para daw hindi magsabay sabay ang exams natin na may 2
subjects per day.