Can a search warrant be used to seize evidence?

Can a search warrant be used to seize evidence?

Officers obtained a search warrant authorizing the seizure of specific items and documents, “together with other fruits, instrumentalities and evidence of crime [currently] unknown.”

Can a property not included in a warrant be seized?

> No, anything not included in the warrant cannot be seized EXCEPT if its mala prohibita, in which case, the seizure is justified under the plain view doctrine. > Even if the object was related to the crime, but it is not mentioned in the warrant nor is it mala prohibita, it still cannot be seized

Can a police officer stray from a search warrant?

There are some exceptions to the rules regarding search warrants. If an officer conducts a search, he can stray from the terms of the warrant. However, it has to be for the purpose of protecting their safety or someone else’s safety. Or, they could stray from the warrant if they are trying to prevent evidence destruction.

What is the concept of a search warrant in the Philippines?

> A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. WHAT IS THE CONCEPT OF A SEARCH WARRANT? > It is a criminal process akin to a mode of discovery

Can a police officer seize items not listed in a search warrant?

However, that doesn’t mean that officers can seize only those items listed in the warrant. If, in the course of their search, police officers come across contraband or evidence of a crime that is not listed in the warrant, they can often seize it.

What are the different types of search warrants?

1 Computer Evidence 2 Probable Cause and Preparation of Search Warrant 3 The Approach and Search 4 Custody and Storage of Seized Property

How is a search warrant returned to the court?

The search warrant is returned by the court giving the special agent the legal authority to execute the warrant at the particular place and time, and to seize the specific items or person (s) described.

How does a special agent prepare a search warrant?

Any time a special agent believes that evidence may be contained on a computer, a Computer Investigative Specialist (CIS) will be consulted at the initiation of the discussions in anticipation of a search warrant. The CIS will assist the special agent in drafting the search warrant affidavit and the list of items to be seized.