Arrest-Search-and-Seizure-1.pptx from NORTH EASTERN MINDANAO COLLEGES

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1. Arrest - came from the Latin word " arrestare " which means "cause to stop" and " restare " which means "stay behind" • These terms were used as early as during the 14th century .

2. Search - derived from the Anglo-Norman word "searcher," Old French cerchier which means "to explore," Latin word " circare " which means "go around in circles."

3. Complaint - a sworn written statement charging a person or a group of persons of an offense that is subscribed by the offended party such as the victim/s of the offense committed, or any other peace officer charged with the enforcement of the law violated.

4. Information - an accusation in writing charging a person or a group of persons of an offense that is subscribed by the prosecutor or fiscal. It is substantiated on oath and includes the name of the party, the offense committed, facts of the offense and other factors relevant.

5. Contents of Information

6. Contents of Information

7. Arrest - the actual taking of a person or persons into custody by an authority in order that he/they may be bound to answer for the commission of an offense. General rule; no one can arrest a person unless with a valid warrant of arrest.

8. Warrant of Arrest - an order in writing issued in the name of the People of the Philippines; signed by a judge and directed to a peace officer, commanding him to arrest the person designated and take him into custody of the law in order that he may be bound to answer for the commission of an offense.

9. Richard Doe/ John (Jane) Doe Warrant - a warrant containing no specific person to be arrested but only descriptions based from the testimonies of the victim/s or the witnesses/es. • It contains the physical description of the accused as well as other factors to be considered for the identification of the accused ( Sadili & Pena, 1998).

10. Warrant Officer - any authorized member from the law enforcement agency usually from the Philippine National Police (PNP) or National Bureau of Investigation (NBI) who holds a warrant for execution within 10 days from receipt subject to renewal in case of failure to execute the same.

11. Alias Warrant - refers to the warrant of arrest issued by a judge to the peace officer after returning the original warrant of arrest after the lapse of the 10-day validity period.

12. When a warrant of arrest not necessary;

13. Procedure when arrest is made;

14. Immediately after the arrest of a person under investigation, he should be subjected to a medical examination. Prior to his release or any change of custody, the suspect should also be medically examined by a medico-legal officer or, in the absence of such medico-legal officer, by any government physician in the area.

15. The Basic Principle of Warrant of Arrest 1. Issued by the judge to a peace officer and commanding him to arrest a person stated therein 2. It is enforceable within the Philippine territory at anytime of the day or night. 3. Arresting officer must inform the person to be arrested of the cause of the arrest. 4. Arrest is made by actual restraint of the person to be arrested or by his submission to the custody of the person making the arrest. 5. No specific expiration, but within 10 days of its receipt the officer shall submit a progress report to the issuing judge. 6. Warrant of arrest is still valid if the suspect is not yet arrested unless the court denounce its validity.

16. Duties of arresting officer; 1. It shall be the duty of the officer executing the warrant without necessary delay to arrest the accused and to deliver him to the nearest police station. 2. During arrest, with or without warrant, It shall be the duty of arresting officer to inform the person to be arrested of the cause of the arrest or his constitutional rights in dialect or language known to the subject except when he flees or forcibly resist. 3. The officer must present the warrant to the person arrested, incase that he did not bring with him at the time of arrest, he shall be shown to him as soon as practicable. 4. No torture, force or violence or any other means which vitiate the free will of the arrested person

17. Summoning Assistance for the Arrest Any officer making a lawful arrest may verbally summon as many person as he deems necessary to aid him in making the arrest. • Every person so summoned shall aid him in the making of such arrest, when he can render such aid without detriment to himself.

18. Right of Attorney or Relative to Visit Person Arrested Any member of the bar shall, at the request of the person arrested or of another on his behalf, have the right to visit and confer privately with such person, in jail or any other place of the custody at any hour of the day or, in urgent cases, of the night. • This right shall be exercised by any relative of the person arrested subject to reasonable regulation. [Sec. 14, Rule 113.] • Executive Order No. 155, dated 30, March 1987, amending republic Act No. 857, penalizes any public officer who deprives a person of his right to counsel. o The penalty shall be prison correctional or imprisonment of 6 months and 1 day to 6 years.

19. WHAT IS CUSTODIAL INVESTIGATION ? It is the term to denote the investigation conducted by the investigator on the suspect who is under police custody. • This is the stage of the investigation where there is strict observance of the Miranda Doctrine.

20. THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATION a. Right to remain silent. b. Right to counsel of his own choice and if he has none, the government must provide one for him; c. Right to be informed of the nature of the accusation.

21. THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATION These rights COULD BE VALIDLY WAIVED IN WRITING AND WITH THE ASSISTANCE OF COUNSEL in order that the ensuing confession be admissible in evidence. The confession must also be in writing, signed and sworn to by the accused The invalidity of an arrest leads to several consequences among which are: (a) the failure to acquire jurisdiction over the person of an accused; (b) criminal liability of law enforcers for illegal arrest; and (c)any search incident to the arrest becomes invalid thus rendering the evidence acquired as constitutionally inadmissible.

22. INSTANCES OF WARRANTLESS ARREST, this is known as citizen's arrest When, in his (peace officer) presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. When an offense has just been committed and he (peace officer) has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it. When the person to be arrested is an escapee from jail. When the right is validly waived. This is when the person arrested consented to the arrest, despite of no warrant showed, the person is willing to be taken into custody.

23. The Inquest Inquest - an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court.

24. Search Defined Search - an examination of an individual's person, house, papers or effect, or other buildings and premises to discover contraband or some evidence of guilt to be used in the prosecution of a criminal action. General rule; any police officer cannot search unless there is a valid search warrant. • To be valid, probable cause must established.

25. Search Warrant - an order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer commanding him to search for personal property and bring it before the court.

26. 1. Subject of the offense; 2. Stolen or embezzled properties; 3. Proceeds or fruits of the offense; and 4. Property used or intended to be used as means for the commission of an offense. Below are the properties that are subject to seizure:

27. The Basic Principle of Search Warrant; Nota Bene: their must be a Probable Cause either warrant of arrest or search warrant to be valid.

28. Judge Procedure in executing Search Warrant; A search warrant must be served within ten(10) days from its date(thereafter, it shall be void) [Sec. 9, Rule 126] in the following manner: a) The police officer concerned must go to the place indicated in the search warrant and take the things described therein, in the presence of at least competent witness who is a resident of the neighborhood. • If he is refused admittance to the place of search after giving notice of his purpose and authority, he may force himself in to execute the warrant; and if he is detained herein, he may force himself out to liberate himself. [Sec.6, ibid] b) The search must be made at daytime, unless otherwise stated. [Sec.8, ibid]

29. Judge Procedure in executing Search Warrant ; A search warrant must be served within ten(10) days from its date(thereafter, it shall be void) [Sec. 9, Rule 126] in the following manner: c) The officer seizing the property must issue a detailed receipt of the things seized to the person in whose possession it was found, or in the absence of such person, he must, in the presence of at least one witness, leave such receipt in the place where such things where seized. [ Sec. 10, ibid.] ( i ) In compliance with this procedure, it has been standard practice to issue a RECEIPT FOR PROPERTY SEIZED after a seizure. The receipt is signed by the seizing officer only and two witnesses. Recent Supreme Court decisions, however, an extrajudicial confession of the commission of the offense.

30. Judge Procedure in executing Search Warrant; A search warrant must be served within ten(10) days from its date(thereafter, it shall be void) [Sec. 9, Rule 126] in the following manner: (ii) It must be noted that in the cases cited above, the crime charged is possession of prohibited drugs. Thus, the signature of an accused on the receipt is a declaration against interest and a tacit admission of the crime charged, as mere unexplained possession o prohibited drugs is punishable. The doctrine is therefore not a hard and fast rule as far as the "Receipt for Property Seized" is concerned. If the crime charged is possession of unlicensed fire arms. For example, the doctrine would apply. In other cases, it will not apply. (iii) Another document which is made after search is a CERTIFICALTION OF PROPERTY SEIZED. This is signed by the owner of the seized property, and would seem to fall more under the court pronouncement above than the "Receipt for Property Seized" does.

31. Judge Procedure in executing Search Warrant; A search warrant must be served within ten(10) days from its date(thereafter, it shall be void) [Sec. 9, Rule 126] in the following manner: d)As much as possible, during the opening of safes, drawers, cabinets, tables, etc , the lifting of the articles should be done by the owner of the house or his authorized representative, or by immediate members of his family, to preclude any suspicion of the theft or planting of evidence. e)Thereafter, the officer must immediately deliver the things or property seized to the judge who issued the warrant, together with an inventory duly verified under oath. [Sec. 11, ibid.]

32. IS IT NECESSARY THAT THE PERSON NAMED IN THE SEARCH WARRANT BE THE OWNER OF THE THINGS TO BE SEIZED? No, ownership is of no consequence. What is relevant is that the property is connected to an offense.

33. A WARRANT WAS ISSUED FOR THE SEIZURE OF DRUGS CONNECTED WITH THE VIOLATION OF THE DANGEROUS DRUGS ACT. IS THE WARRANT VALID? The warrant is valid Although there are many ways of violating the Dangerous Drugs Act, it is not a scatter shot warrant since it is in connection with only one penal law

34. SCATTER SHOT WARRANT SCATTER SHOT WARRANT- a warrant of arrest that is issued for more than one offense. It is void for the law requires that a warrant of arrest should only be issued in connection with one specific offense

35. POLICE OFFICERS APPLIED FOR A WARRANT TO SEARCH DOOR #1 OF AN APARTMENT COMPLEX. THE COURT ISSUED THE WARRANT. WHEN THEY WENT TO THE APARTMENT COMPLEX, THEY REALIZED THAT WHAT THEY THOUGHT WAS DOOR #1 WAS ACTUALLY DOOR #7. CAN THEY SEARCH DOOR #7? No, what is controlling is what is stated in the warrant, and not what the peace officers had in mind, even if they were the ones who gave it the description to the court. This is to prevent abuses in the service of search warrants

36. CAN THE POLICE OFFICER SEIZE ANYTHING THAT IS NOT INCLUDED IN THE WARRANT? No, anything not included in the warrant cannot be seized EXCEPT if its mala prohibita , in which case, the seizure is justified under the plain view doctrine. Even if the object was related to the crime, but it is not mentioned in the warrant nor is it mala prohibita , it still cannot be seized.

37. WHAT SHOULD THE POLICE OFFICER OR COURT TO DO THINGS SEIZED ILLEGALLY? Anything seized illegally must be returned to the owner unless it is mala prohibita . In such a case, it should be kept in custodia legis.

38. CHINESEMEN WERE FOUND INSIDE WHO COULDN'T SPEAK ENGLISH OR FILIPINO. THE CHINESE WERE LOCKED INSIDE A ROOM AND TWO WITNESSES WHO WERE NOT OCCUPANTS WERE USED WHILE SEARCHING THE HOUSE AND SEIZING THE PROHIBITED DRUGS. VALID? No. The two-witness rule can only apply when there is absence of the lawful occupants of the premises searched. In this case, they locked the occupants in a room while doing the search and seizure and used 2 witnesses who weren't the occupants of the premises

39. IF THE WARRANT WAS EXECUTED EVEN BEFORE THE EXPIRATION OF THE 10-DAY PERIOD, CAN THE PEACE OFFICER USE THE WARRANT AGAIN BEFORE IT EXPIRES? No, of the purpose for which it was issued has already been carried out, the warrant cannot be used anymore. The exception is if the search wasn't finished within 1 day, the warrant can still be used the next day, provided it is still within the 10-day period

40. WHAT IS THE DUTY OF THE OFFICER AFTER THE PROPERTY SOUGHT UNDER THE SEARCH WARRANT HAS BEEN SEIZED? The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath

41. IF THE ARRESTED PERSON SIGNS THE RECEIPT OF THE PROPERTY SEIZED WITHOUT THE ASSISTANCE OF COUNSEL, IS THE RECEIPT ADMISSIBLE? No, because it was done without assistance of counsel

42. INSTANCES OF WARRANTLESS SEARCHES 1. Warrantless search incidental to a lawful arrest A search incidental to a lawful arrest requires that there must first be a lawful arrest before a search is made. Otherwise stated, a lawful arrest must precede the search; "the process cannot be reversed." For there to be a lawful arrest, law enforcers must be armed with a valid warrant. Nevertheless, an arrest may also be effected without a warrant. In Posadas vs. CA, the SC upheld the validity of a search made by police officers on one who, confronted by the police because he was acting suspiciously, ran away. But in People vs. Rodriguez, the arrest and consequent search of the accused, simply because "he was acting suspiciously" was held invalid.

43. INSTANCES OF WARRANTLESS SEARCHES 2. WHEN PROHIBITED ARTICLES ARE IN PLAIN VIEW. Under the plain view doctrine, police officers can seize articles or objects which inadvertently come to their view without exerting any effort and which object is incriminatory to the accused. Based from decisions of trial courts, the doctrine includes the five senses of an individual to detect violations of law. The doctrine requires that a police officer in order to validate the confiscation of an object in plain view must have a right to be in that place and whatever objects become obvious or apparent without obstruction or impairment may be subject to seizure.

44. INSTANCES OF WARRANTLESS SEARCHES 3. SEARCH OF MOVING VEHICLES. A checkpoint search is a variant of a search of a moving vehicle. Checkpoints per se are not invalid. They are allowed in exceptional circumstances to protect the lives of individuals and ensure their safety. The extent of routine inspections must be limited to a visual search. However, an extensive search may be conducted on a vehicle at a checkpoint when law enforcers have probable cause to believe that the vehicle's passengers committed a crime or when the vehicle contains instruments of an offense.

45. INSTANCES OF WARRANTLESS SEARCHES 4. A "stop and frisk" search is defined as "the act of a police officer to stop a citizen on the street, interrogate him, and pat him for weapon(s) or contraband." Thus, the allowable scope of a "stop and frisk" search is limited to a "protective search of outer clothing for weapons. 5. Customs search The search involves illegal entry of "smuggled goods" in our country that may affect the local businesses especially the small time businessmen. The search is usually conducted by the officers and agents of the Bureau of Customs.

46. INSTANCES OF WARRANTLESS SEARCHES 6. Consented Warrantless Search If the person submitted himself voluntarily to be searched, it is good, as there is a search warrant because of the consent of the person to be searched. The consent of the person must not have been because of intimidation, threat of the person making the search.

47. As a component of the right to privacy, the fundamental right against unlawful searches and seizures is guaranteed by no less than the Constitution. Article III, Section 2 of the Constitution provides:

48. Techniques of Searches of Persons Arrested . a) "Probe," do not "pat" (A woman operative should be used to search females.) b) The need to handcuff subjects(s). Dangerous and violent criminals, as well as escapees from prisons and escape artists, must be handcuffed.

49. Techniques of Searches of Persons Arrested. c) Do not stop the search when a weapon is found. d) Look for items which may be used to commit suicide e) Look items of evidence. f) Searchers should never cross the line of fire.

50. Techniques of Searches of Persons Arrested. g) Do not talk to subject(s) in the course of the search. h) Do not grant subject's request to attend to something before, during and immediately after the search. In a search by a single officer, have the gun ready with the land at a distance from the subject. j) Be sure to search every part of the body and clothing.

51. Types of Searches: 1. Wall search The purpose is to place the subject in an "Off-balance" position requiring the use of notch arms and legs to keep him from falling to the ground. • This is the safest type of search.

52. Types of Searches: 1. Wall search • It does not necessarily require a wall; any object that can support the weight of the subject (such as a car) can be used. The procedures are: a.Require subject to place both hands of the wall slightly higher than his waist. Spread hands as far apart as possible. Palms should be placed against the wall, fingers extended. b.The subject's feet must be extended back away from the wall as far as possible. Spread them far apart as possible, toes pointed out. Buttocks should not be on an arched position. c.The subject's head should be down or bowed at all times.

53. Types of Searches: 1. Wall search d.Mechanics in executing the "Wall Search.": [1] If there is only one subject, the leader of the search should place himself at one side, while his subordinate is on the other side; [2] To search the other side, the subordinate should move to the opposite side; [3] If there are two or three subjects, move one subjects to be searched on the wall, but out of reach of the others;

54. Types of Searches : 1. Wall search d.Mechanics in executing the "Wall Search.": [4] Search both sides of subject, the leader conducting the searches and the subordinate guarding the other subject; [5] Move one subject at a time; [6] Subject's head should be down at all times; [7] The subordinate should concentrate on the actions of the subject and not the action of the leader;

55. Types of Searches : 1. Wall search d.Mechanics in executing the "Wall Search.": [8] When there are more than three subjects, additional personnel should be summoned; [9] In serious apprehensions, the searcher should hold his weapon in ready position throughout the search; [10]The body must be searched systematically with the foot of the searcher placed tightly against subject's foot, right with right, left with left, anklebone against anklebone; [11]Remove any object found, then exam the palm of the hand, including between fingers.

56. Types of Searches: 2. Standing Search Raise subjects hand over his head and spread his feet far apart as possible. b. This is not recommended because the subject is in the "on- balance" position,

57. Types of Searches: 3. Kneeling Search Subjects kneels on the ground with the hands raised over his head. This is also discouraged for the same reason as the "standing search."

58. Types of Searches : 4 . Prone Search a. Subject lies on his stomach with arms and legs outstretched. b. Subject has both arms and legs free and in at all times in an "on-balance" position c. Front part of clothing cannot be searched. d. This can be extremely dangerous if the subject has knowledge of judo.

59. Fruit of Poisonous Tree Doctrine A rule requires that evidence that is illegally obtained should be excluded from admission in a criminal proceedings. •The purpose behind this doctrine is to deter police misconduct that is reckless, deliberately or grossly negligent.

60. Mugshots and Fingerprints Arresting units shall at all times take the mugshots and fingerprints of all arrested persons. Copies thereof shall be submitted to the PNP Crime Laboratory Service to serve as master file.