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.