Serving search warrants

Serving search warrants "I am a police officer. Why are we required to announce our presence and authority first before we can enter someone's house to serve a warrant? Are there exceptions?Gamaru Dear Gamaru,Even the ancient civilization of England put precious interest and primacy into the right of privacy of every person from the one occupying the highest position down to the poorest man. English statesman William Pitt of Chatham, in his speech, was quoted as saying: ""The poorest man may, in his cottage, bid defiance to all the forces of the crown. It may be frail its roof may shake and the wind may blow through it the storm may enter, the rain may enter, but the King of England cannot enter... the man's house is his castle."" This principle was adopted and formed part of the framer's intent in the Fourth Amendment of the Constitution of the United States. It is also woven into the fabric of our present 1987 Constitution, particularly the Bill of Rights, which protects the right of people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures by the state forces.Additionally, Section 7, Rule 126 of the Rules of Court provides: ""Right to Break Door or Window to Effect Search – The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein.""Explaining this provision, the Supreme Court in People vs. Huang Zhen Hua and Jogy Lee (GR 139301, Sept. 29, 2004), penned by Associate Justice Romeo Callejo, held: ""Generally, officers implementing a search warrant must announce their presence, identify themselves to the accused and to the persons who rightfully have possession of the premises to be searched, and show to them the search warrant to be implemented by them and explain to them said warrant in a language or dialect known to and understood by them. x x x It must be emphasized that the notice requirement is designed not only for the protection of the liberty of the person to be searched or of his property but also the safety and well-being of the officers serving and implementing the search warrant. Unless the person to whom the warrant is addressed and whose protest is to be searched is notified of the search warrant and apprised of the authority of the person serving the warrant, he may consider the unannounced intrusion into the premises as an unlawful aggression on his property which he will be justified in resisting, and in the process, may cause injury even to the life of the officer implementing the warrant for which he would not be criminally liable. Also, there is a very real possibility that the police serving and implementing the search warrant may be misinformed as to the name or address of the suspect, or to other material affirmation. Innocent citizens should not suffer the shock, fright, shame, or embarrassment attendant upon an unannounced intrusion. x x x Unannounced intrusion into the premises is permissible when: (a) a party whose premises or is entitled to the possession thereof refused, upon demand, to open it (b) when such person in the premises already knew of the identity of the officers and of their authority and person (c) when those in the premise, aware of the presence of someone outside (because, for example, there has been a knock at the door), are then engaged in activity which justifies the officers to believe that an escape or the destruction of evidence is being attempted.""We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/