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    Chapter 2

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    Chapter 2

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    Stephanie Shanne Ventura
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    3.-Chapter-2

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    Chapter 2

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    i i i 5 i & CHAPTER 2 ARREST, SEARCH, SEIZURE AND RAID. ‘This chapter presents the impotant subject matters regarcing arrest, search, selzure, and raid UNIT. ARREST ‘The term’arrst” came fromthe Latin word “arestaro* which means “cause to stop” and ‘restare" which means ‘stay behind” This term was uted as early as the Tath century What is Arrest? ‘Arrest is the taking of a person into custody In order that helshe may be Eound to answer Tor the commission of an offense (See. 1, Rule 13, Rules of Court How is Arrest Made? [AN arestis made Dy an actual restant ot @ person to be| rested or by hsmher submission to the custody of the person making the arest (Sec. 2, Rule 113, Rules of Court ‘Two Modes of Arrest “The two modes of arrest are the folowing: 1. Artest by vitue ofa warrant; 2 Arrest witout a warrant under exceptional circumstances as ‘may be provided by the statute (Soc. 5, Rule 113, Rules of| Court 1. Tho Warrant ot Arrest ‘Ares Wan isan oder in wit isu nthe name ofS the People ofthe Phipps sgn by a judge rected oa pce [2 tfcor, commanding Never to are tho person designated and |= {ate imo cay oh ain ode hat ese ‘Siam AMSEC SAE AND AID ta answer forthe commission of an offense (Microsoft® Encerta® 2008. © 1993-2007 Mirasoft Corporation. Essential Requisites ofa Valid Warrant of Arrest 4 It must be issued upon probable cause which may be determined personaly by 2 judge after examination under ‘ath or afration ofthe complainant and the witnesses he may produce; What is Probable Cause? Probable cause refers to the evidence that warrants a person of reasonable cauiton in the bolef that a crime was committes 2. The warrant must particularly describe the person to be seized, What is John Doe Warrant? ‘John Doo Warrant is a warrant containing no specie personio be arrested but only descriptions based onthe testimonies Othe vctmis or the witnesses. It contains the physical description Of the accused as well as ather factors to be considered forthe. identification of the accused (Sadi, & Pane, 1998). John Doe [warranis also known as Renard 00e analor Jane Doe Warrant le there an Allas Warrant? "Yes. Alias warrant refers tothe warrant of arrest issued by judge to the peace officer ater returing the orignal warrant of arrest after the lapse of the 10-day vay period, Who Is a Warrant Officer? Warrant Officer's any authorized member from the law enforcement agency usually from the Philppine National Police (PNP) er National Bureau af Investigation (NBI) who olds awarrant for execution within 10 days from receipt subject o renewal incase ffalure to execute the same (Microsoft® Encarta® 2008. © 1993. 2007 Microsoft Corporation UNDAMENTALSOF CRAIN IWESTIGATION GAUTER ARES SEARCH SERENA Who may issuea Warrant of Arrest? "The general rule on who is authorized to issue warrant of avrsts the Judge of any competent courtin the Philippines Duties of an arresting officer 'AS provided under Section 3 of Rule 113, the arresting ‘officer has two pimary duties: 1. While anesting the accusedi/suspect. the arresting officer should Inform the cause of arrest and of the Tact that & ‘Warrant fad Been issued othe aested person, and 2. Any police offcer making a lawful arrest should take the person arested without unnecessary delay and deliver him her to the nearest poice station oral. In case cf Warrantess Arrest, itis the inherent duty ofthe resting officer fo detain the person!espondent and fle the proper information within the specified time as provided under Arle 125, OF RPC which has been amended by Executive Order No, 272.00 uly, 25 1987, “Take Note: Iti not the physical delivery of the person that is Tequired under the law. Vihat Is fegally required is fing {he information against the arestea person in the proper ‘ist wmarn hn ge has the tsar to sue an order of ‘eloace d confinement Executive Order No, 272 amended Article 125 of the RPC (delay in the deivery of detained persons to proper judicial futhortes), I extended the period authorzed to detain a person Dror to delivery to the judicial aunty. The law requires a police Dficer to cetar a petson for some legal ground and file te Sppropriate Infomation to te proper jue! authoiy within te {Glowing periods and conditions: Periods of Delivering @ Person to proper Judicial Authority (AR. 125, Revised Penal Code: Penalties = Light penalties and te equivalent " Coresonalpenaltes and har equivalent “Achvlcaptal peneties and tei equivalent E ie iE i ‘igre RSAC SEAN AAD Execution of Warrant of Arrest The head of offce to whom the warrant of arrest was delivered for execution shall cause the warrant to be exectted within 10 days from its recent Within 10 days ater the expiration ofthe period, the officer to whom it was assigned for execution shall make a repor to the judge who issued the warrant In case of falure to execute the ‘warrant, halshe shall state the reasons therefor (Seo. 4 Rule 113, ules of Curt Even f not served within the statutory period of (10 days), a ‘warrant of arest remains vai, It remains valé unless: ‘2. The warrant wae recalled by the ssLing Court, '. The respondent was already arrested; ©. The respondent voluntarily submitted himeettherstf to the jursdichon of he eeuing court ot 4. The respondent ied. Note: A warrant of atest has NO expiry date It mains valid unt, ‘arrest i effected or warrant ited Principles or arrest ‘The following are the basle rules on arrest 1. Awarrant of arestis enforesable ony within the teritory of ‘he goverment or state issuing the warrant. 2. Ina warrantless arrest based on the commission ofa crime, the exe must have been commited uthin the tertory of the goverment or state whose agents are caryng out the arrest 3, Inarrest based on a warrant of ares, itis not essential hat the arresting offcer has the warrant in his possession atthe time he cates out the arest. i F ql 2. The Warrantises Arrest [As a gereral re, its a requisite that warrant should be Issued inthe name of tho person to be arrested. Any peace fcer Who arrests @ person without warrant may be lable under Atle 125 of the Revised Penal Code (Arbitrary Detenton). The fllowing fare the statis in which a police offcer may arest a person without warrant based on (Rule 113, Section 5, Rules of Cou ‘a. When, in hisher presence, the person to be arrested ‘has committed, s actually committing, or is attempting to commit an offense. Rolated Cases: ‘Umi v. Ramos (187 SCRA 311) ‘The Supreme Court (SC) hes that rebellion sa continuing oflense, Accordingly, 2 reb0l may be arosted, with or without a warrant, a hefthe ie deem to be inthe act of commiting the offen at any time of day or night (CIDG Investigation Manual, 2005 p. 184) Pople v. Sucre (195 SCRA 388) Ihwas held that when apoice offcer sees the offense, athough ata stance, or hears the disturbance created thereby, and proceeds at ‘once tothe seane thereof, he may effect an arrest without a warrant. “The offense fs aaemed committed in the presence or within the view ofthe ofcer (CIDG Invest. Manual, 2005, p. 185). . When ar offense has in fact just beon committed and he has probable cause to believe based on personal knowodye of fact or circumstances thatthe person to be arrasied has committed it (Doctrine of Hot Pursuit. Hot Purguit (als termed inUS as Fresh Pursul shall ean ‘an immediate, recent chase 0° folow-up without material interval {or the purpose of taking into custody any person wanted by vitue ‘of awarrant or one suspected to have commited a recent offense vile fleeing ftom one police justiction to another, necessitating the pursuing. Potce Unit may cross jrscicbon boundares that wil ‘normally requie prior offal personal inte-unit coordination but hich the pursuing un cannot at that moment comply with de to the urgency ofthe statin, ERD MENTAIS OF CHNTRAL NV ESTIGATION i g i i ‘cue RRs Stanct St AND Ban “Team Leaders of Local Police Units operating ouside their ‘Area of Responsibility (AOR) and National Support Units shall ‘coordinate personally or through an official representative with the concerned tortor Poe Office within whose juredition the ‘operation to conduct using the presibed Coordination Form prior to the launching of the operation, except in cases of het pursuit where the interanit coordination through the waten form cannot ‘be made due to the nature and urgency ofthe situation In euch ‘ase, te Police Unit in pursut shall endeavor fo roti the tector Unit by any means of appropriate communication at anytime during ‘the hot pusut and if nat possible, shall accomplish and furnish the {eriorial Police Unit a wren incident reper immediately ater the termination of that partcular pursuit operation (POP Manual, 2010, Rule 2) Rolatod Cases: Go. Maguan ‘Six days ater the shooting the pettoner presented before the San Juan Police Staion verited news reports that he was being hunted. The police detained him because an eyewitness had Postively identified him asthe gunman who shot Maguan. The SC ‘eld that there was no vali arrest tcannotbe considered as within the meaning ofthe offense had just been commited in as much '88 six days had already elapsed; neither did the poicoman have Personal knowedge of facs that Go shot Maguan, People. Gorente (219 SCRA 785) The cae cs tho police wha athe visin ded a the ep! and wen hy apeced te ne scene, toy fourth instumens of death athe syewiness veportd the axing tnd ported Gerento a oe ofthe kre. Te waraess atest of [Geert only vee hous ster te ling was hela became va, sine the potcemen had personal Knowledge of the tent death ote vcom and ote tacs neigh Gere and to there iad Wied he cin (IDG Imes Manual 2008p 129). & When the person tobe arrested isan escapes, Those who escaped from any penal establishment oF place where they are serving final judgment or are ean ANS ARC SIREN AD temporarily confined while their cases are_pendin for has escaped while being transferred from one Confinement to another may be arrested by any peace officer cr private person without warrant. 4. When the rights validly waived. This le when the poreon arrested consented to the arrest, despite no warrant showed the person is vling ‘to be taken into custody. Related Case: People v. Dural(223 SCRA 207) “The legalty ofthe arrestis cured when the accused fies a petition {or bal Appelt is stopped from questioning the llegalty of ns arrest when he voluntary submited himself to the jurscction of the court by entering @ plea of not guity and by participating inthe tial (200 alo People vs. Lopaz, 245 SCRA 6). When an accused who was released on bail attempts to itmust be in the presence of defense counsel, and > the subject must be informed of hisher constitutional rights. 6. Prepare joint affidavit surounding the arest, If arest was made on the occasion of an entrapment that is expected to lead to an inquest 7. Line-up or reenactment ta be recorded in petures. Ina line- Up, a'winess idetiies Subject among a line of persons. The line-up must be far, and not suggestive or leading. A reenactment is done when Subject admits his participation inthe exe. 8. Inquest or tle charges the regular ways, 2s the case may tn ‘8. Return warrant of arrest indicating that it was duly served, tothe suing court, «10. Prepare formal report on the case “11. Minors below 16 years of age, arrested for prostitution or ‘other ict conduc, shal be delivered within 24 hours tothe Department of Socal Viefare Development (DSWD) or its duly authorized office or agenoy in the place for protective custody. 12.Asrest and detention of foreign nationals “shall be communicated to the Department of Foroign AMfairs for Information othe respective embassies" 13. Minors below 18 years old shal be referred to @ Mecico- Legal Offcer for physical and mental examination. there is a pending ‘PTE ABMESE SEARCH, SIZ AND RAID Rights of a Porson under Arrest The following arethe rghts of @ person under arrest: 41. Tobe informed of the cause of ares, and shawn a copy of the warrant, i any, as soon as possibie (Rule 113, See. 7, 8 49) 2. Notto be subjected to violence or unnecessary force during the arest Rule 173, Sec 2, Par 2) 3. Tobe visited by and to confer with isthe attorney, privately, at any hour ofthe day or night (Rule 113, See 14) 4. To be visied by and confer with his/her relative subject to reasonable regulatons (Rule 113, Sec 14); and 5. In genera, to bal himseltHersel out 2s @ matter of right based an Rule 114, Seo 4. Detention of an arrested person ‘Any person arrested could be detained through the following ‘guidelines: 11. Ihe was arrested by virtue of a warrant of arrest, he ‘hal be cotained unt ‘he posts ball duly approves by @ competent court which then orders his eleate, or 'b the cout issuing the warrant revokes orf said warrant. of arrest for other reasons. (But the detainee has to be released upon hisiner acquital or of the case even without bal or ifing orden) 2. Ihe was arrested withouta warrant for the commision ‘of acrime, ho can be detained for: ‘8. Twolva (12) hours fe crime is punishable by Arrest Menor (prison term from 1 to 30 days), public cancure, fine glow PHP 200. Eighteen (18) hoursfthe cme ie punishable by Prsin| Correecional (son term from 6 months and 1 day to8 years) Avresto Mayor (prison term fromtmonth and 1 ‘day t06 morths), Suspension, Desir, Fine trom PHP 200 toPHP 6,000. & Thirystx (36) hours i the crime is punishable by Reclusion Porpetva (Lterally ite imprisonment. But pardon is provided by law alter 30 years of service) i i : E Zl E| (GHARER AIRESTSEARC SE AND RAD Reclusion Temporal (prison term ffom 12 years and 4 day to 20 years), Perpetual or Temporary Absolute Disqualification, Perpetual or Temporary Special Disqualification, Prison Mayor (prison tam from 8 years ‘and 1-day to 12 years), Fine exceeding PHP 6,000 (Article 124, Revised Penal Code) 3. I he was arrested as an escapee from a place where helshe is temporarily confined while hisiher caso Is ‘pending, he/she shall be recerfined unt haishe posts the Tequired ball (Executive Order No, 272 dated July 1987) 4, he was arrested attempting to leave the Philippines ‘while on bail, he shall be contd subject to the order of ‘he court where the case is pending, The court may raise ball ‘or impose mare stringent condtions for subject's freedom. 5, fhe was arrested after escaping from a place whore hel ‘she is serving final judgment, he/she shall be reconfined to serve hisiher remaining sentence, without prejudice this! her liabty forthe crime of Evasion of Service of Sentence (ticles 157-189, Rovised Penal Code). 6. If he was detained for violant insanity or for ailment requiring compulsory confinement in 2 hospital, it appears that hospal authorties have @ say on hisiher Felease the same lo depend on whether helshe is no longer 2 threat to society or hither aliments sufficiently treated Drawbacks of being an Arresting Officer Arresting officers are prone tothe folowing crimes: 4. Arresting without legal grounds (Arbitrary Detention + Article 124, RPC) 2, Carrying out justified arrest without warrant, but detains the subject beyond 12/18/36 hours without an inquest or ‘nthout a valid waiver of detention (Delay n the Delivery of Detained Person tothe Preper Juciial Authonties ~ article 128, RPC), 3, Delaying any proceedings upon a petiton forthe liberation of eich detainee (Article 126, RPC). Caren AMS SARL SHURE Pocksting arrested person's money or other valuables, (Robbery Artiste 294, RPC). Investigating or taking the swom statement of any person arrested, detained or under custodial investigation without informing himMner of her right to remain silent, and to have competent and independent counsel preferabiy of his! her own choice, of without providing him/her such counsel free of charge f he/she cannct afford one (Violation of See a) RA 1438) ‘Obstructing, pleventing or prohibiting any lawyer, any member of the immedate famiy of a person arrested, ‘etained or under custodial investigation, or any medical dactor 0° prest or religious ministar chosen by the subject fr by ant member ofristher immediate family or counsel, {rom visilng and conferring privately with hiner, oF trom ‘examining and treating hirer, oF from ministering tothe Spiral needs, at any hou of ne day of, in urgent cases, of the night (Violation of Soc (), RA No, 7438) RRefraining from arresting an offender in a crime punishable ‘by Ie imprisonment andlor death, in consideration of any ‘offer, premise, git or present (Art 217-4 RPC on Qualifed Bribery, a crime inserted by Republic Act No, 7659 effective DY vanuary 1904) ‘curr REE stance Su AND aD UNIT 2, SEARCH AND SEIZURE. ‘The word “search” was derived trom the Anglo-Norman word ‘searchorold French cercher whieh maans-to exelore" and {atin werd “créara” which means "go around In cles What is Search? ‘As used in criminal investigation, itis the act of examining pereone, ‘documents, papers and effects. Whats Search Warrant? ‘Search Warrant isan order in wring issued in the name of the People ofthe Philippines, signed by the judge and directed to a ‘peace officer commancing hiniher to search for personal property ‘and ring it before the court (See. 1, Rule 1126, Rules of Cour) Constitutional Provision on “Search” "The right of the people to be secured In thei pereons, houses, papers and efects against unreasonable searches and seizures of ‘whatever nature and for whatever purpose shall be inviolable, and fo search warrant or warrant of arrest maybe issued except upon probable cause tobe personally determined bythe judge afer oath ‘or examination ofthe complainant or the witnesses he may produce [and pariculary deserting therein tha plaras ta ha searehed and the persons orthings tobe seizea (Sec 2, Ati, 1987 Constitution. Rationale ‘What's sought tobe guardedis a man's prerogative to choose wo Is allowed enty to hisher residence. In that haven of refuge, his her‘ndivdvalty can assert imsethersef not only in the ghoice of who shall be welcome but ikewise in the kind of object helshe ants around himiher-There, the State, however powerful des not as such have access except under the circumstances above noted for inte traditonal formulation, his house, Fowever humble, i his ate Chief Justice Bengson, once said *.atthe closed door ofthe home, be ta palace or hove, ‘even bloodhounds must wait il the law, by authoritative process, bids it open." ‘Where Is a search warrant be secured? The folowing arethe areas where to secure a search warrant: 4. Any court within whose tential jurisdiction a crime was committed 2. For compaling reasons stated inthe application, any court within thejuical region where the crime was commited the place ofthe commission ofthe crime is known, or any court witin the judical region where the warrant shall be enforced 3, However, if the criminal action was already fled, the pplication shall only be mace in the cout where the enna ‘action sranding based on Sec. 2, Rule 128, Rules of Cour (elplacco, 2008) ‘What are the recuisite before a Search Warrant s Issued? ‘A search warrantshall not be issued, except: 1. Probable cause exists in connecton with one specite offense, 2. Prasenceot probable causeis determined personaly by the judge ater an examination 2. The judge must have personally examined, in tha form af searching questons and answers, the applicant and his witnesses and taken down their written depositions; 4, The seareh warrant must patculary describe or identity the propety to be seized as far as the circumstances wil ordinarily alow, 6, The warant issued must particularly describe the place 10 bbe seargfed and the persons or things o be seized, 6. warrant shall be issued ony for one specific purpose: and 7. must net have bean iseued more than 10 days prior othe search made pursuart thereto based fom sec. 4, Rule 126, Rules of Court (Tablacao, 2009) e Is E ie E Fe INALINVESTIGATION TUNDAMENTALS OF Cx ‘Who should Witness a Search? [No search of a house, room, or any other premise shall be made ‘except in the presenes of any ofthe oloing: 4. The legal occupant thereat 2. Ary member of histher family 3. Inthe absence of he latter, two witnesses of sufficient age and discretion residing in the same locality according to sec 8, Rule 126, Revised Rules of Court (Feyes, 2001) What are the Personal Properties tobe Seized? “The folowing are the objects of search tobe seized 1. Subject ofthe offense; 2. Stolen or embezzled and other proceeds, or ris of the offense: of 3. Used or intense tobe used as the means of commiting an offense (Sec. 3, Rule 126, Revised Rules of Cour) What will the Officer do after Seizure has been completed? ‘Soe. 12, Rule 126, Revised Rules of Cau provides the flowing ‘considerations afer the affect of seizure 1. The officer must forthith deliver the property seized tothe judge wo issued the warrant together witha tue inventory _ thereof duly verted underoath 2." Ten (10) days ater the issuance ofthe search wetrant, the ‘suing judge shall ascertain the return has been made, {and if none, shall summon the person to whom the warrant ‘was issued andreqdire himiher to explain why no retarn was, ‘made. Ihe retum has been made, the judge shal ascertain \whether secton 11 ofths Rute has been complied with and shall require that the property seized be delvered to fim ‘The judge shall see to it that subsection (a) hereof has been ccompked with ‘The return ofthe search warrant shall be fled and Kept by the custodian ofthe logbook on search warrants who shall enter therein the date ofthe retum, the resut and other acne of the judge. A violation of tis section shall constiute contempt of court (CUETER AUIS ARC SAE ANNA ‘Seizure of Articles found in Possession ofa Person Arrostod Tone i legally arrested for an offense, whatever is found in his possessien or in hither contol may be seized and used in {evidence again! the subject (Ziverov Dizon). But articles found in hisfher possession wich have nothing to do wit the crime imputed ‘against hinvher must be retumed 0 himher, otherwise, the tw enforcer resporsble thereto shall be lable fr theft or robbery as ‘he case may be. Instances of Warrantess Searches ‘Similar to that ofthe “warantess arrest,"the general ule in searching person is that a warrant shouldbe ssued and presen to the person concemed before search is done. However, any peace officer may, without search warrant, search a person, or 3 Person's belongngs and premises in the ‘lowing instances 4. Search Incidental to a Lawful Arrest Thisi legally asepted provided that the searchis contemporaneous to the arrest and within the permissible area. A person lawfully ‘rested may be searched for dangerous weapons or anything, “hich may be used as proof of the commission of an offense, without a search warrant, The warrantless search and seizure, 38 [incident to lawful artest, may extend beyond the person ofthe fe arrested 10 include he promises or surouralgs nest Immediate conto. Related Case: Posadas v. Court of Appeals (188 SCRA 288) “TheSC apheldthe vay ofa search made by police officers ‘on one who, conranted by the police was ‘acing suspiciously” and ran ava. But in People. Rodiguoz (232 SCRA 498), the arest| and consequett search of the accused, simply because “he was| feling sugpicoesy” was hed invalid 2. Search in Volatlon of Tariff and Custom Laws. The search inves legal entry of “smuggled goods’ in our county | that may affes the local businesses especialy the small time businessmen. The search is usually conducted by the offcers and| ‘gents of the Bureau of Customs, FE E E E i : i CUA AMNSTSTARC SNE NDAD Plain View Doctrine Search Inder the plain view doctrine, police oficers can seize articles or jects which Inadvertent come to ther view without exering any ‘effort and which object is incrminatory othe acoused, Based fom

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