Final Legal Memo
Final Legal Memo
Final Legal Memo
Questions Presented
(If any of the two prior issues are answered in the negative then the
succeeding issues no longer matter and the respondent or accused
cannot be held criminally liable for the Violation of R.A. 9165.)
Brief Answer
Answers a., b., and c. are valid on the assumption that the application
for and the issuance of the search warrant are valid.
Facts
Discussion
No, we should note that the search was issued for possession alone
and not use In the same manner that it is very difficult next to
impossible to establish possession (of a very miniscule amount of
drugs) at any given time and in a specific place, so it is also very easy
to establish said amount of drugs. Here again comes into play the
propensity to abuse and sidetrack the guarantees to liberty.
Other than apparently the bare allegations of PO3 Reyes and PO1
Gandeza, in their Joint Sworn Statement there are no other
substantial pieces of evidence upon which to base a finding of
probable cause for the issuance of the search warrant. This kind of
procedure if allowed and verily under the prevailing conditions can
and will be subject of repetitive abuse.
Any two PO1s can just go before a judge, jointly allege that a certain
Juan dela Cruz or Maria Reyes is a known user of illegal drugs and
that she has always in her possession, or stowed somewhere in her
residence these illegal drugs and an impulsive judge, or one minded
to blindly support the drug effort just improvidently issues a search
warrant.
It wasnt shown that the judge base his decision to issue the warrant
on substantial information that respondent had illegal drugs on her
person or within her control. The allegations were for an
undetermined amount of methamphetamine hydrochloride in her
residence. One can just tremble at the thought of how insignificant
our right to be secure in our persons, homes and effects is from state
intrusion. A Joint Sworn Statement of police officers and a judge
minded to issue a warrant on that basis.
Conclusion
Citations
Art. III, Sec. 2. Bill of Rights The right of the people to be
secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and
for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be
searched and the persons or things to be seized.