Beruflich Dokumente
Kultur Dokumente
JOHN DOE
Accused.
x -------------------------------------- x
The ACCUSED, through the undersigned counsel and unto this Honourable
Court, respectfully moves for the suppression of objects seized on 25 January 2014,
based on the following conditions:
1. Search Warrant No. 5678 was served on the 15th day and is, thus, void.
2. The motor vehicle seized does not fall within the property that may be
lawfully seized.
Discussion
1. Rule 126, Sec. 10 of the Revised Rules of Court provides expressly that a
search warrant shall be valid for ten (10) days from its date. Thereafter, it shall
be void.
2. Search Warrant No. 5678 is dated 10 January 2014. It was served on the
accused on the 15th day from its date, which is 25 January 2014. This is
certified to by the Sworn Inventory and Return executed by Major Juan Dela
Cruz, the leader of the searching team (copy of which is already part of the
records). A search was made on the same day, 25 January 2014; pursuant to
said search, certain objects were seized and delivered to the court. Contrary to
law, the Search Warrant is void and must be quashed.
3. No valid seizure may be made under a void warrant. For this reason, the
following objects must be suppressed: personal computer, printed material of
the published article in question, motor vehicle, and other write ups.
PRAYER
WHEREFORE, it is respectfully prayed for that all object seized under the void
Search Warrant No. 5678 be INADMISSIBLE under the exclusionary rule in Article III,
Section 3(2) in relation to section 2 of the 1987 Constitution.
By:
Joannabie C. Mesina
IBP No. _____________
PTR No. _____________
Roll No. _____________
COPY FURNISHED:
GREETINGS:
Please submit this Motion to Suppress Evidence on March 10, 2014 at 10:00 AM.
for the consideration and approval of this Honorable Court.
Joannabie C. Mesina
EXPLANATION
A copy of the foregoing Motion to Suppress Evidence was filed and served upon
the prosecution via registered mail on grounds of proximity of the offices of counsels,
practicability and time constraints.
Joannabie C. Mesina