ARREST
ARREST
ARREST- is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense.
MANNER OF CONDUCTING ARREST- An arrest is made by actual restraint of a
person to be arrested, or by his submission to the custody of the person making
an arrest.
WARRANT OF ARREST- Warrant of arrest is an order in writing issued in the name
of People of the Philippines, signed by the judge and directed to a peace officer,
commanding him to arrest a person or persons stated therein and deliver them
before the court.
The requisites of a valid warrant of arrest are the following:
a. It shall be issued upon probable cause;
b. The probable cause is determined personally by the judge upon
examination under oath or affirmation of the complainant and the witnesses
he may produce; and
c. Particularly describing the person to be arrested. (Sec 2, Art 3 of the
Philippine Constitution)
John Doe Warrant
LIFE SPAN OF WARRANT OF ARREST
As long as the person stated in the warrant of arrest is not arrested, it shall
remain valid even if several years already lapsed. However, the head of the
office to whom the warrant of arrest was delivered for execution shall cause
the warrant to be executed within ten (10) days from its receipt. Within ten
(10) days after the expiration
of the period, the officer to whom it was assigned for execution shall make a
report to the judge who issued the warrant.
WARRANTLESS ARREST
A peace officer or a private person may, without a warrant , arrest a person:
a. When, in his presence the person to be arrested has committed, is
actually committing or is attempting to commit an offense.
b. When an offense has in fact just been committed and he has personal
knowledge of facts indicating that the person to be arrested had committed
it;
c. When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or
temporarily confined while his case is pending or has escaped while being
transferred from one confinement to another.
Citizen's Arrest- Method of arrest by
private person
Method of arrest by private person
When making an arrest, a private person shall inform the person to be
arrested of the intention to arrest him and the case of the arrest,
unless the latter is either engaged in the commission of an offense, is
pursued immediately after its commission, or has escaped, flees, or forcibly
resists before the person making the arrest has opportunity to so inform him,
or when the giving of such information will imperil the arrest.
Officer May Summon Assistance
Officer may summon assistance. – An officer making a lawful arrest
may orally summon as many persons as he deems necessary to
assist him in effecting the arrest. Every person so summoned by an
officer shall assist him in effecting the arrest when he can render
such assistance without detriment to himself.
SEARCH AND SEIZURE
Section 1. Search warrant defined. – A search warrant is 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 search
for personal property described therein and bring it before the court.
WHAT IS THE CONCEPT OF A SEARCH
WARRANT?
It is a criminal process akin to a mode of discovery
> It is a special and peculiar remedy, which is drastic in nature
ARE SEARCH AND SEIZURES
PROHIBITED UNDER THE
CONSTITUTION?
No. The constitutional guarantee embodied in Article 3, Section 2 of the
Constitution is not a blanket prohibition against all searches and seizures as
it operates only against unreasonable searches and seizures
WHEN IS THE SEARCH OR SEIZURE
UNREASONABLE?
> A search and seizure is unreasonable if it is made without a
warrant, or the warrant was invalidly issued.
> In all instances, what constitutes reasonable or unreasonable search
or seizure is a purely judicial question determinable from a consideration of
the attendant circumstances.
WHAT ARE THE THREE SITUATIONS WHEREIN
THERE MUST BE FINDING OF PROBABLE CAUSE?
1. Probable cause in filing of an information
> Facts and circumstances that would engender a well-grounded
belief that a crime has been committed and the person to be charged is
probably guilty thereof
2. Probable cause in the issuance of a search warrant
> Facts and circumstances that would lead a reasonable discreet
and prudent man to believe that there has been a crime committed and
the things and objects connected to the crime committed are in the place to
be searched
3. Probable cause in the issuance of a warrant of arrest
> Facts and circumstances that would engender a well-grounded
belief that a crime has been committed and the person to be arrested
committed it
WHY ARE THE REQUIREMENTS FOR THE
ISSUANCE OF A SEARCH WARRANT MORE STRINGENT THAN THE
REQUIREMENTS FOR THE ISSUANCE OF A WARRANT OF ARREST?
The right against unreasonable search and seizure is a core right implicit
in the natural right to life, liberty and property. Even in the absence of a
constitution, individuals have a fundamental and natural right against
unreasonable search and seizure under natural law.
> Moreover, the violation of the right to privacy produces a
humiliating effect that cannot be rectified anymore.
> This is why there is no other justification to speak of for a search, except
for a warrant.
> On the other hand, in a warrant of arrest, the person to be
arrested can always post bail to prevent the deprivation of liberty.
Sec. 2. Court where application for search warrant shall be filed. –
An application for search warrant shall be filed with the following:
(a) Any court within whose territorial jurisdiction a crime was committed.
(b) For compelling reasons stated in the application, any court within
the judicial region where the crime was committed if the place of the
commission of the crime is known, or any court within the judicial region
where the warrant shall be enforced.
However, if the criminal action has already been filed, the application
shall only be made in the court where the criminal action is pending.
WHAT MAY BE THE SUBJECT OF A
SEARCH WARRANT?
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an
offense.
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.
Sec. 4. Requisites for issuing search warrant. – A search warrant shall
not issue except upon probable cause in connection with one specific
offense to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witness he may
produce, and particularly describing the place to be searched and the things
to be seized which may be anywhere in the Philippines.
WHAT ARE THE REQUISITES OF A VALID SEARCH
WARRANT?
1. There must be probable cause—facts and circumstances that would engender a
well-founded belief in a reasonable prudent and discreet man that a crime has been
committed and the things and objects to be seized can be found in the place to be
searched
2. Which must be determined by the judge personally through searching and
probing questions—questions not merely answerable by yes or no but could be
answered by the applicant and the witnesses on facts personally known to them
3. (Upon whom?) The complainant and the witnesses he may produce are
personally examined by the judge, in writing and under oath and affirmation
4. (Based on what?) The applicant and the witnesses testify on facts personally known to
them
5. The probable cause must be in connection with the specific offense
6. The warrant specified describes the person and place to be searched and the
things to be seized
7. The sworn statement together with the affidavits of the witnesses must be attached to
the record
WHAT IS THE PURPOSE FOR THE PARTICULARITY OF
DESCRIPTION OF THE PLACE TO BE SEARCHED AND
THE THINGS TO BE SEIZED?
> The evident purpose and intent of this requirement is to limit the things
to be seized to those, and only those, particularly described in the search
warrant—to leave officers of the law with no discretion regarding what
articles they should seize, to the end that unreasonable searches and
seizures may not be committed, that abuses may not be committed.
Sec. 5. Examination of complainant; record. – The judge must, before
issuing the warrant, personally examine in the form of searching
questions and answers, in writing and under oath, the complainant and
the witnesses he may produce on facts personally known to them and
attach to the record their sworn statements, together with the affidavits
submitted.
WHAT IS A SCATTER SHOT WARRANT?
> It is 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
SEARCH 126 RROC
Search- is defined as the act of looking into carefully in order to find some
concealed items.
Seizure- is to take into custody of something.
POWER TO CONDUCT SEARCH
General Rule: A warrant is needed before search. Validity of warrant is 10
days from its date.
a. Search incidental to lawful arrest- A person lawfully arrested may be
searched for dangerous weapons or anything which may have been used or
constitute proof in the commission of an offense without search warrant.
b. Consented search- the right against unreasonable search and seizure may
be voluntarily waived by a person being searched
c. Plain view doctrine- illegal things at sight may be seized even without a
warrant to do so. The things must be readily seen without any effort of
locating it.
d. Search conducted by Bureau of Customs
e. Search conducted by Security Guards on post
f. Search in moving vehicles/checkpoints- Under search in moving vehicle
especially in checkpoints, moving vehicles may be searched provided that it is
limited to visual
search,
WHEN TO SERVE SEARCH WARRANT?
The search warrant must direct that it be served in the day time, unless the
affidavit asserts that the property is on the person or on the place ordered to
be searched, in which case, a direction may be inserted that it be served at
any time of the day or night.
Miranda Doctrine
Plain View Doctrine
Carroll Doctrine
a vehicle could be searched without a search warrant if there was
probable cause to believe that evidence is present in the vehicle, coupled
with exigent circumstances to believe that the vehicle could be removed from
the area before a warrant could be obtained.
John Doe Warrant, when is it valid when
is it void?
> A John Doe warrant is a warrant for the apprehension of a person whose
true name is unknown
> Generally, this kind of warrants are void because the violate the
constitutional provision which requires that warrants of arrests should
particularly describe the person or persons to be arrested
> But if there is sufficient description to identify the person to be
arrested, the warrant is valid
Terry Search
A Terry stop in the United States allows the police to briefly detain a person
based on reasonable suspicion of involvement in criminal activity.
Reasonable suspicion is a lower standard than probable cause which is needed
for arrest.
When police stop and search a pedestrian, this is commonly known as a stop
and frisk.
Protective Sweep Doctrine
A "protective sweep" is a limited search that police are allowed to conduct
when they arrest someone.
The purpose of a protective sweep is to allow officers to ensure their own
safety, and that of those on the scene, by searching in the vicinity of the
arrest.
The search is for people who may pose a threat.
