Search warrants must clearly specify locations – SC

MANILA, Philippines — Search warrants must be precise to avoid rights violations and invalidated operations, according to the Supreme Court.

The SC has reminded authorities that search warrants are invalid if they do not clearly identify the places that will be searched, as it violates the right against unlawful searches and seizures.

Citing a decision by Senior Associate Justice Marvic Leonen, the SC has acquitted Lucky Enriquez of drug charges due to a defective search warrant and its irregular execution.

The case stemmed from a 2017 operation by the Philippine Drug Enforcement Agency, wherein the PDEA implemented a search warrant showing the address “Informal Settler’s Compound, NIA Road, Barangay Pinyahan, Quezon City.”

Without knocking or announcing their presence, PDEA agents rushed through the open door and apprehended Enriquez, confiscating sachets of shabu.

The SC ruled the search warrant gave PDEA agents unlimited power to search the entire compound as it was too broad and essentially a general warrant, which is prohibited by the Constitution.

Government agents can only force their way into a property if they are denied entry, a rule that protects the person being served with the warrant and the agents from possible violence that could ensue from an unannounced entry, the high court said.

Enriquez was also unable to witness the search, the SC noted.