Roan v Gonzales; G.R. No. 71410; 25 Nov 1986; 145 SCRA 687

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On the strength of the challenged search warrant, petitioner’s house was searched but none of the articles listed in the warrant was discovered. However, the searching officers found in the premises one Colt Magnum revolver and eighteen live bullets which were all confiscated and were made the bases of the charge against him.

Whether or not the prohibited articles seized are admissible in evidence and must be immediately returned.

NO. The search being illegal, the pistol and bullets cannot be used as evidence against the petitioner in the criminal action against him for illegal possession of firearms. Pending resolution of the case, however, the said articles must remain in custodial egis.

Assailed search warrant is declared NULL and VOID and accordingly SET ASIDE.

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