This case has been cited 2 times or more.
|
2014-01-13 |
SERENO, C.J. |
||||
| There is no exact test for the determination of probable cause[43] in the issuance of search warrants. It is a matter wholly dependent on the finding of trial judges in the process of exercising their judicial function.[44] They determine probable cause based on "evidence showing that, more likely than not, a crime has been committed and that it was committed" by the offender.[45] | |||||
|
2006-11-30 |
CHICO-NAZARIO, J. |
||||
| At this juncture, it is paramount to stress that the power to issue search warrants is exclusively vested with the trial judges in the exercise of their judicial function.[7] And inherent in the courts' power to issue search warrants is the power to quash warrants already issued.[8] After the judge has issued a warrant, he is not precluded to subsequently quash the same, if he finds upon re-evaluation of the evidence that no probable cause exists.[9] Though there is no fixed rule for the determination of the existence of probable cause since the existence depends to a large degree upon the finding or opinion of the judge conducting the examination,[10] however, the findings of the judge should not disregard the facts before him nor run counter to the clear dictates of reason.[11] | |||||