Since when my friend, did the RP ever do anything by any Book. This is where the old Adage of "The Law is an @ss" comes in. Following many Civilized Countries Laws, Probable cause is good enough here to my Mind. But then.... Rumour counts a lot here too! JP
Well I hope that if there was it was all spelt (Spelled) right. You know what these lawyers are like for Technicalities And I have so many Hits at NBI for wrong Spelling, Maybe the PNP can Spell Better or maybe the Judge issuing a Warrant altered things JP
hmmmm, that raises an interesting question, like, which dictionary do they use ?- Websters or Collins ?.... If they want to write in English they will use Collins......If they want to write in American they will use Websters......if they want to write in one of the Filipino dialects - I have absolutely no idea............lol..... How technical is that...............lol..................................
I think the fact that they found several pounds of drugs says they had found probable cause before they entered the house (why else would they even be there?). They don't just go around kicking in random doors. I give the police the benefit of the doubt on this one. it seems very apparent they had their leads/intel and they followed up on it and executed their raid successfully without anyone getting injured or killed. If they had been on the payroll of some rival drug dealer the woman and her partner wouldn't be alive to say the drugs weren't theirs.
If there was a warrant there are regulations to follow. This is my check list if they ever knock on my door. 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.
hmmmmmm That's the rules of play I guess but unfortunately we ain't in Kansas no more and while you are talking trying to arrange all this, they have pushed you aside, maybe guns at the ready and done just what the Warrant says. Search your home. You and I plus many more may not like this but it is what will happen. Do you really think they will just wait for you and maybe in their minds your accomplices and any contraband is slipping out the back door, NAH! my friend it just does not happen like that, here or Anywhere else. A court issued Warrant, Gives them the right to Enter With or Without your permission, believe me I have had it happen to me personally In Spain, Wrong Address, Mistaken Identity but the Warrant had been issued and was to be acted on Obstruction of Justice comes into play here of course. I have seen 2 police busts on Warrants here in 5 years and believe me, they could not give a d*mn. In our own country any wrong damage such as mine, would be dealt with and apologies all round, but here no such Animal. JP
Sorry, that was a reference to an article I thought someone posted a while back ago where a man's property was raided by police thinking that his okra was marijuana.