HOW TO DEAL WITH COP WITH A SEARCH WARRANT

THE POLICE ARRIVE WITH A SEARCH WARRANT

a. Do not allow them to enter the house, politely informing them to comply with the warrant.

b. Carefully read the warrant.

c. Inform them of the name and address of your barangay representative and a known local resident.

d. Inform the police that entry will be granted once theses witnesses are present.

e. Once the witnesses arrive, ask the supervising officer who he has nominated to carry out the search, then request that your witnesses are allowed to search that person.

f. If the supervising officer nominates two searchers, then politely point out that the warrant is addressed to any police officer in the singular, therefore the intent is that two witnesses are with the searcher at all times. Should the supervising officer argue this point, you may quote Section 7 of Rule 126 of the Rules of Court whereby you must also witness the search, and you can only be in one place at one time.

g. Insist that the nominated searcher wear gloves and that any incriminating material discovered be tested for your fingerprints

h. Once this has been sorted out, grant entry to the nominated searcher plus the witnesses. Inform the supervising police officer that in order for them to comply with the warrant, all others must remain outside until the search has been completed.

i. Note what item(s) are nominated on the search warrant. No other item may be seized other than that for which the warrant is issued.

j. Should a prohibited drug be found, telephone a very good attorney. The police have only discovered evidence of a possible crime, and have not witnessed a crime in progress, therefore you are not obliged to go with them at that moment. You could request to wait for your attorney and use the time to put your affairs in order. The police have to complete a lot of paperwork, then appear before a judge to obtain a warrant of arrest.