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Tuesday 06 August 2024 21:35:54 GMT
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SEARCH WARRANT VS. WARRANT OF ARREST  To those who are still confused of the difference between the two, a search warrant allows law enforcement to search a specific location and seize specific items, as ordered by a judge. A warrant of arrest authorizes the apprehension and detention of a specific individual and can be executed at any time, remaining valid until served. Both search warrants and warrants of arrest must be SPECIFIC. A search warrant should clearly describe the place to be searched and the items to be seized, ensuring the search is lawful and respects individuals' rights. A warrant of arrest must contain the name of the person to be arrested or a description to identify them, along with specifying the offense charged, ensuring targeted and lawful apprehensions. Pertaining to the recent issue in KOJC, the law enforcement had a WARRANT OF ARREST, not a SEARCH WARRANT. This confusion led to resistance from the Bible workers, missionaries, and members of the KOJC, as they were unclear about the police's purpose. To be fair, the police can enter a house FORCEFULLY if they have a warrant of arrest, but they must follow specific legal requirements and procedures. In People v. Damaso, G.R. No. 104663, February 3, 1997, it is emphasized that the police must present the warrant of arrest to the individual being arrested. If the individual is inside a house, the police should announce their presence and purpose, and request entry. If entry is refused after the police have identified themselves and announced their purpose, they are permitted to use force to enter the premises. In People v. Sy Chua, G.R. No. 125365, September 14, 1999, the court ruled that the police can use the necessary force to gain entry if refused, but the force used must be REASONABLE and COMMENSURATE with the circumstances. Above all, police officers must respect the rights of individuals and act within the bounds of the law when conducting arrests and searches, as explained in People v. Racho, G.R. No. 186529, August 3, 2010. What about the question about the time? Rule 113, Section 5 of the Rules of Court allows arrests to be made at any time, day or night. In People v. Burgos, G.R. No. L-68955, December 26, 1984, the Supreme Court held that a warrant of arrest could be served at any time, reinforcing that there are no time restrictions. However, the police must ensure that the execution of the warrant is reasonable and necessary. The issue now is: Was the time of execution of the warrant of arrest against Pastor Quiboloy reasonable and necessary? Have they respected the rights of individuals and acted within the bounds of the law? The specific circumstances and actions of law enforcement during the execution of warrant of arrest would need to be examined to determine if these standards were met. #fyp #foryou #fyppppppppppppppppppppppp #foryourpage #justice
SEARCH WARRANT VS. WARRANT OF ARREST To those who are still confused of the difference between the two, a search warrant allows law enforcement to search a specific location and seize specific items, as ordered by a judge. A warrant of arrest authorizes the apprehension and detention of a specific individual and can be executed at any time, remaining valid until served. Both search warrants and warrants of arrest must be SPECIFIC. A search warrant should clearly describe the place to be searched and the items to be seized, ensuring the search is lawful and respects individuals' rights. A warrant of arrest must contain the name of the person to be arrested or a description to identify them, along with specifying the offense charged, ensuring targeted and lawful apprehensions. Pertaining to the recent issue in KOJC, the law enforcement had a WARRANT OF ARREST, not a SEARCH WARRANT. This confusion led to resistance from the Bible workers, missionaries, and members of the KOJC, as they were unclear about the police's purpose. To be fair, the police can enter a house FORCEFULLY if they have a warrant of arrest, but they must follow specific legal requirements and procedures. In People v. Damaso, G.R. No. 104663, February 3, 1997, it is emphasized that the police must present the warrant of arrest to the individual being arrested. If the individual is inside a house, the police should announce their presence and purpose, and request entry. If entry is refused after the police have identified themselves and announced their purpose, they are permitted to use force to enter the premises. In People v. Sy Chua, G.R. No. 125365, September 14, 1999, the court ruled that the police can use the necessary force to gain entry if refused, but the force used must be REASONABLE and COMMENSURATE with the circumstances. Above all, police officers must respect the rights of individuals and act within the bounds of the law when conducting arrests and searches, as explained in People v. Racho, G.R. No. 186529, August 3, 2010. What about the question about the time? Rule 113, Section 5 of the Rules of Court allows arrests to be made at any time, day or night. In People v. Burgos, G.R. No. L-68955, December 26, 1984, the Supreme Court held that a warrant of arrest could be served at any time, reinforcing that there are no time restrictions. However, the police must ensure that the execution of the warrant is reasonable and necessary. The issue now is: Was the time of execution of the warrant of arrest against Pastor Quiboloy reasonable and necessary? Have they respected the rights of individuals and acted within the bounds of the law? The specific circumstances and actions of law enforcement during the execution of warrant of arrest would need to be examined to determine if these standards were met. #fyp #foryou #fyppppppppppppppppppppppp #foryourpage #justice

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