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9問 • 3ヶ月前

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as 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.

search warrant

is in the nature of a criminal process akin to writ of discovery. It is a special and peculiar remedy, and drastic in nature. It is merely a judicial process designed by the Rules to respond only to an incident in the main case, if only one has already been instituted or in anticipation thereof

search warrant

Refers to such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched.

probable cause

This is an order from the court that requires an individual to be somewhere in person at a certain place, date and time to testify as a witness in a case.

subpoena

is a conditional threat of punishment made by a governmental authority if it is attached to a command, so that if the recipient does not do as appear, some courts have the discretion to find the person in contempt of court and either order the person's arrest or issue fines accordingly.

subpoena

it orders a person to testify before the ordering authority or face punishment

subpoena ad testificandum

- it orders a person to bring physical evidence before the ordering authority or face punishment

subpoena duces tecum

is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. An arrest is made by an actual restraint of a person to be arrested, or by his/her submission to the custody of the person making an arrest. No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his/her detention. It shall be the duty of the officer executing the warrant to arrest the accused and deliver him/her to the nearest police station or jail without unnecessry delay.

arrest

The following persons may make/effect/execute an arrest:

police officer,private person,bailor,members or staffs of nbi,sheriff or deputy sheriff

NON-INSTI

jordi · 40問 · 1年前

NON-INSTI