This case has been cited 1 times or more.
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2011-09-28 |
BERSAMIN, J. |
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| According to the Rules of Court, personal property may be seized in connection with a criminal offense either by authority of a search warrant or as the product of a search incidental to a lawful arrest. If the search is by virtue of a search warrant, the personal property that may be seized may be that which is the subject of the offense; or that which has been stolen or embezzled and other proceeds, or fruits of the offense; orthat which has been used or intended to be used as the means of committing an offense.[17] If the search is an incident of a lawful arrest, seizure may be made of dangerous weapons or anything that may have been used or may constitute proof in the commission of an offense.[18] Should there be no ensuing criminal prosecution in which the personal property seized is used as evidence, its return to the person from whom it was taken, or to the person who is entitled to its possession is but a matter of course,[19]except if it is contraband or illegal per se. A proper court may order the return of property held solely as evidence should the Government be unreasonably delayed in bringing a criminal prosecution.[20]The order for the disposition of such property can be made only when the case is finally terminated.[21] | |||||