People v del Rosario; G.R. No. 109633; 20 Jul 1994; 234 SCRA 246

FACTS:
A search warrant was issued authorizing the search and seizure of an “undetermined quantity” of shabu and its paraphernalia in the premises of appellant’s house. An entrapment was planned that led to the arrest of del Rosario and to the seizure of the shabu, its paraphernalia’s and of a .22 caliber pistol with 3 live ammunition.

ISSUE(S):
Whether or not the seizure of the firearms was proper.

RULING:
NO. The raiding party was authorized to seize only shabu and paraphernalia for the use thereof and no other. A search warrant is not a sweeping authority empowering a raiding party to undertake a fishing expedition to seize and confiscate any and all kinds of evidence or articles relating to a crime. The search warrant was no authority for the police officers to seize the firearm which was not mentioned, much less described with particularly, in the search warrant.

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Category: Legal Chyme

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