LIBERATION DAY RAID Gambling operator says search warrant defective

A gambling operator is questioning the legality of the raid conducted jointly by the Attorney General’s Office and the Department of Public Safety on the eve of Liberation Day celebration at the American Memorial Park.

Cheung Ping Yin has filed a motion seeking the return of the properties confiscated from him by government agents, who allegedly used a defective search warrant.

Government agents conducted the raid upon a search warrant issued on July 2 by Superior Court Presiding Judge Edward Manibusan.

The raid was conducted at the American Memorial Park in the early morning of July 3, a few hours after Cheung’s gambling booth at the Liberation Day Festival closed.

The authorities have accused Cheung of operating an illegal gambling business.

“The warrant issued is defective because it is a general search warrant,” according to the motion filed in the Superior Court by lawyer Joseph Arriola on behalf of Cheung.

Arriola cited a constitutional provision stating that “The right of the people to be secure in their persons, houses, papers and belongings against unreasonable searches and seizures shall not be violated.”

The constitution provided that “no warrant shall be issued except upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.”

Arriola pointed out that while the July 2 search warrant did not specify the particular items to be seized, the government raiders swooped down on Cheung’s booth and seized his gambling paraphernalia.

The search warrant mentioned, among other things, gambling paraphernalia, dice, and tables which have game board marked on them and any documents pertaining to ownership of the property.

It also sought to seize “property which is prohibited by law,” “property stole or taken under false pretense,” and property necessary to be produced as evidence,” among others.

“The search warrant is defective because it permitted the police to keep whatever was seized,” the motion said.

The search warrant stated that the policemen were supposed to provide the inventory of the properties seized on or before July 30.

Until now, Arriola said, no inventory has been provided by the raiders, and the properties remain in the government’s custody in violation of the rules and procedure. (MCM)