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Items seized in Search Warrant

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1 Items seized in Search Warrant on Sat Jul 18, 2015 9:15 am

scorpionking1017


Arresto Menor
Hi Atty,

Nag conduct po ng search warrant ang NBI sa house ko for violation of e-commerce act they have seized all my electronics equipments. Then after 8 months wala clang sinampang kaso sakin so I file Motion to quash the search warrant. After long discussion in courth the judge given us the final order to return all seized items to me. Now the complainant filed a case different from the e-commerce which is quali theft base from the seized items from search warrant.

My question is may I know if they can use the returned seized Items as their eveidence since different case was filed. Is it true that once search warrant was quashed all items seized is admissable in court as evidence and can not be use against me in court.

Hoping for your explanation atty. More power !!!

Thanks,
King

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2 Re: Items seized in Search Warrant on Sun Jul 19, 2015 8:03 am

Filia


Reclusion Perpetua
(You mean inadmissible cguro).

The returned items cannot be used against you anymore in relation to the case where the search warrant was issued for. Kung ibang case na, ibang usapan na din yon.

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3 Re: Items seized in Search Warrant on Sun Jul 19, 2015 10:49 pm

scorpionking1017


Arresto Menor
Yes atty what i mean is inadmissable in court however ibang case ang file nila qualified theft kasi wala silang nakitang violations kaya hindi related sa granted search warrant ang filed case tapos ang knilang ginamit na evidence ay yung items na nakuha sa quashed na search warrant. Rigth now All items are now retuned to me as final order of the court. Pede pa rin ba nila gamitin evidence yung items na binalik na sakin ng court eh d ba sa ibang paraan nila kinuha un evidence nila?

Marami pong salamat atty for answering my question. More power po!

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4 Re: Items seized in Search Warrant on Sat Jul 25, 2015 8:40 pm

scorpionking1017


Arresto Menor
Hi atty,
Can you consider my situation as the "fruit of poisonous tree"? having the fact that they got their evidence maliciously applying search warrant just to seized my things then filing different case.

Please enlighten me Atty

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5 Re: Items seized in Search Warrant on Sun Jul 26, 2015 2:57 am

Filia


Reclusion Perpetua
No. Items seized without search warrant or invalidly issued search warrant are fruits of the poisonous. In your case, there was a valid search warrant only that no case was filed against you. That is why they were returned to you.

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6 Re: Items seized in Search Warrant on Sun Jul 26, 2015 4:15 am

scorpionking1017


Arresto Menor
Ok atty pero they filed a different case not related to the issuance of search warrant and the evidence they used is one of the seized items nila is that possible?

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7 Re: Items seized in Search Warrant on Sat Aug 01, 2015 1:50 pm

Filia


Reclusion Perpetua
Alam mo, whatever could tell something could be an evidence. The fact that it was returned to you does not mean that it does not exist anymore. It could still be used against you especially when the case to be filed does not need the item to be presented in court. There are so many ways to prove qualified theft. The only thing you could do is to rebut them; that you did not steal if you did not really steal it by just proving that you did not have the intent to gain even if you possess the item if that is the case.

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8 Re: Items seized in Search Warrant on Sat Aug 01, 2015 2:47 pm

scorpionking1017


Arresto Menor
Two evidence atty :

1. That's what really my point atty they found the item in my house in a box still brand new never been used even once or even installed which means i dont have really the intentions to gain from it.

2. Another evidence is that at the time of search warrant the item seized is a service unit offered by supplier still owned by the supplier kung baga pinahiram lang sakin. Pero ang ginawa ng company binayaran nila para maging kanila yung items. So the invoice is dated at the time of the investigation by NBI. I have the sole responsibility to return the item to the supplier and planned for it because I have signed the delivery receipt of the item as stating as service unit. Could that be considered qualified theft?

Atty untill now hindi ko pa na re receive yung clearance ko sa company hindi ko pa na receive lahat ng receivables ko last pay, pondo, paid leaves etc. Kasi ng mag follow up ako sa company before may mga hinihingi silang mga policy na hindi ko nagawa hanggang matapos 30 days notice ng resignation ko. Nagulat na lang ako kinabukasan may raid na sa bhay ko for violation of ecommerce act na hindi ko naman ginawa. Obviously walang nakitang evidence NBI kaya quashed search warrant and returned the items to me.

Do I have a chance in defending my case atty.
Marami pong salamat sa time answering my questions.

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