CDI 313- Specialized Crime Investigation 2 with Simulation to Interview and Interrogation

Review on Arrest, Search, Raid, and Custodial Investigation

What do you know about Arrest, Search, Raid, and Custodial Investigation?

For these particular topics you will better understand and recall your basic knowledge on arrest,
search, raid, and custodial investigation and other relevant topics in Fundamental of Criminal
Investigation.

Let us start by defining the basic terminologies such as: arrest, search, raid, and custodial investigation.

What is arrest?

Arrest is defined as the taking of a person into custody in order that he may be forthcoming to
answer for the commission of an offense.

How arrest is made?

Arrest is being made by an actual restraint of a person to be arrested or by his/her submission to the
custody of a person making the arrest. No violence or unnecessary force shall be used in making an
arrest. The person arrested shall not be subjected to a greater restraint than is necessary for his/her
detention.

What is the duty of arresting

officer?
 It is the duty of the officer
executing the warrant to arrest
the accused and deliver
him to the nearest police station
or jail without unnecessary
delay.
Execution of Warrant
Warrant of arrest shall 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. In case of his failure
to execute the warrant, he shall
state the reasons therefore.
When an arrest without
warrant is lawful?
A peace officer or a private
person may, without warrant,
arrest a person when:
1. In his presence, the
person to be arrested has
committed, is actually
committing, or is attempting to
commit an offense
What is the duty of arresting officer?

It is the duty of the officer executing the warrant to arrest the accused and deliver him to the nearest
police station or jail without unnecessary delay.

Execution of Warrant

Warrant of arrest shall 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. In case of his failure to execute the warrant, he shall state the
reasons therefore.

What is the duty of arresting officer?

It is the duty of the officer executing the warrant to arrest the accused and deliver him to the nearest
police station or jail without unnecessary delay.

Execution of Warrant

Warrant of arrest shall 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. In case of his failure to execute the warrant, he shall state the
reasons therefore.

When an arrest without

warrant is lawful?
A peace officer or a private
person may, without warrant,
arrest a person when:
1. In his presence, the
person to be arrested has
committed, is actually
committing, or is attempting to
commit an offense;
When an arrest without warrant is lawful?

A peace officer or a private person may, without warrant, arrest a person when:

1. In his presence, the person to be arrested has committed, is actually committing, or is

attempting to commit an offense;

2. An offense has just been committed and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; and

3. The person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to the another.

In cases falling under paragraphs 1 and 2, the person arrested without warrant shall be delivered to
the nearest police station or jail and shall be proceeded against in accordance with section 7 of rule 112.

Arrest after escape or rescue

If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him
without a warrant at any time and in any place within the Philippines.

Right of attorney or relative to visit person arrested

Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his
behalf, have the right to visit and confer privately with such person in the jail or any other place of
custody at any hour of the day or night subject to reasonable regulations. Relative of the person
arrested can also exercise the same right.

What is search?
The term search refers to the examination of an individual’s person, house, papers or effects, or other
buildings and premises to discover contraband or some evidence of guilt to be used in the prosecution
of a criminal action.

What is seizure?

It refers to the confiscation of personal property by virtue of search warrant.

What is a search warrant?

It 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 and seized particular item and bring it
before the court. What personal properties may be the objects of search warrant?

1. Properties subject of offense;

2. Stolen, embezzled, and other proceeds or fruits of the offense;

3. Used or intended to be used as a means of committing an offense;

4. Any items that are illegal per se.

Application of search warrant

All application for search warrant shall be approved for filing by the Chief of Police.

The application shall indicate the following data:

1. Office applying for search warrant; 2. Name of officer applicant;

3. Name of subject, if known;

4. Address/place(s) to be search;

5. Specific statement of things/articles to be seized; and

6. Sketch of the place to be searched.

Court where application for search warrant shall be filed Application for search warrant shall be filed
with the following:

1. Any court within whose territorial jurisdiction a crime was committed.

2. 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.

Requisites for the issuance of a search warrant

A search warrant is issued only 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 witnesses presented. The search warrant particularly describes the place to be
searched and the things to be seized which may be anywhere in the Philippines.

Validity of search warrant

The warrant is valid for ten (10) days from the date of its issuance. Thereafter, it shall be void. If, in the
implementation of the search warrant, its object or purpose cannot be accomplished in one day, the
search can be continued the following day, or days, until completed, provided it is still within the ten
(10) day validity period of the search warrant.

If the object or purpose of the search warrant cannot be accomplished within the ten (10) day validity
period , the responsible police officer conducting the search must file, before the issuing court, an
application for the extension of the validity period of said search warrant.

Time of search

The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is
on the person or in 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. Valid search and seizure without warrant

1. Search made incidental to a valid arrest

A person lawfully arrested may be searched without warrant for dangerous weapons or
anything which may be used or which may constitute proof in the commission of an offense.

2. Search of moving vehicles

If the officers who will be conducting the search has reasonable or probable cause to believe
that the motorist, before the search, is law offender or they will find the instrumentality
or evidence pertaining to a crime in the vehicle to be searched, the vehicle may be stopped and
subjected to an extensive search.

3. Seizure of evidence in plain view

Any object in the plain view may be subjected to seizure and may be introduced as evidence.
Requirements of plain view doctrine:
a. The police officer must have prior justification for an intrusion or, otherwise,
must be in a position from which he can view a particular area.
b. The discovery of the evidence in plain view is unintentional.
c. It is immediately apparent to the police officer that the item he observes may be
evidence of a crime, contraband, or is otherwise valid subject for seizure.

4. When there is waiver of the right or search is consented

To constitute a waiver of this constitutional right, it must appear, first, that the right exists;
secondly, that the person involved had knowledge, either actual or constructive, of the
existence of such right; lastly, that said person had an actual intention to relinquish the right.
Thus, where the accused voluntarily surrendered his gun, he cannot claim illegality of
seizures.

5. Searches under the stop-and-frisk rule

 The designation of the right of a police officer to stop a person on the street,
interrogate him, and pat him for weapons whenever the officer has observed unusual conduct
which convince him that a criminal activity may be committed by the subject.

6. Emergency and exigent circumstances

In cases of exigent and emergency situation and the police officers has reasonable ground to
believe that a crime has been committed, and there is no opportunity to apply for a search
warrant from the courts because the latter were closed.
7. Tipped information
If the police officers have reasonable grounds to believe that the subjects are engaged in
illegal activities, the tipped information is sufficient to provide probable cause to affect a
warrantless search and seizure.

8. Customs search
Under the Tariff and Customs Code, searches, seizures, and arrest may be made even without a
warrant, for purposes of enforcing customs and tariff laws.

9. Search made pursuant to routine airport security procedures which is authorized under Section
9 of Republic Act No. 6235

What is raid?

A raid is a surprised invasion of a building or area. It is a small-scale attack of a limited territory.

What is the legal basis for raid?

Raid to be legal there must be a search warrant or warrant of arrest.

What are the objectives of raid?

1. To affect an apprehension.

2. To obtain evidence of illegal activity by surprising the offenders in flagrante delicto.

3. To recover stolen property.

Planning the raid

The success of a raid depends upon intelligent planning and competent implementation. To
achieve the necessary element of surprise, the operations must be performed surreptitiously and with
speed.

1. The terrain and buildings should be subjected to close study.

2. In order to obtain the necessary data for planning, a reconnaissance/surveillance of the place should
be conducted.

3. The participants should be informed of the nature of the mission.

4. The specific assignment and position of each of the raiding party, the tactics to be employed, the
equipment and transportation to be used, the evaluation of possible danger points, and the optimum
time to be selected should be stresses.

5. Things to consider when planning a raid:

a. Need for surveillance

b. Number of individuals to be apprehended. Are they armed? If uncertain, assumed that they
are armed.

c. Are photographs and descriptions of subjects available for use in the briefing?

d. Determine the physical structure of the place where the criminals are located.

e. Determine all possible escapes routes.

f. Need to discreetly photograph the place immediate area.

g. Type of neighborhood where the hideout is located.

h. Volume and kind of activities in the neighborhood at various times to determine the
most desirable time to conduct the raid.

i. Street plans of neighborhood for possible road blocks.

j. Do the men have confidence in the ability of the raid leader?

k. Consider the following:

1. Speed (in into position and the execution plan)

2. Surprise (catch subjects off-guard)

3. Simplicity (a plan that is easy to remember and understand to avoid confusion)

l. Consider dividing the raiding party into:

1. Cover group (moves into position on first, covers advance of raiding group and
avenues of escape)

2. Raid group (disarms and restrains subject, searches premises, secures evidence,
etc.)

m. Does every member of the raiding groups knows the raid plan completely? The identities and
duties of all?

n. What is your move-out plan?

o. What are the instructions concerning the use of firearms?

p. How do you identify each other? Armband, passwords, insignia, etc.

q. Make sure your plan avoids cross fires.

 r. Do you have all the equipment you might need such as: flashlights, searchlights,
vehicles, transceivers, loudspeaker (public address system), firearms, teargas, etc.?

s. Ask each participant to repeat his duties to the raid leader

Factors affecting success of effectiveness of raid

1. Size of raiding party

2. Speed

3. Surprise

4. Superiority of arms

5. Simplicity of plan and operation

Composition of a raiding party

1. Raid Commander

2. Assistant Raid Commander

3. Covering or surrounding party

4. Entering party

5. In-charge of raiding vehicle

6. In-charge in rendering subject’s vehicle inoperative

7. Log recorder, recover, gather evidence, make inventories and testify in court

8. Photographer

What is Custodial Investigation?

Custodial Investigation is an investigation conducted by law enforcement officers after a person has
been arrested or deprived of his freedom of action.

"Custodial Investigation" shall include the practice of issuing an "invitation" to a person who is
investigated in connection with an offense he is suspected to have committed, without prejudice to the
liability of the "inviting" officer for any violation of law.

Other Relevant Topics in Fundamental of Criminal Investigation

What is Investigation?

The PNP Criminal Investigation Manual defines investigation as the process of inquiring, eliciting,
soliciting and getting vital information, facts and circumstances in order to establish the truth.
Criminal investigation is therefore the collection of facts in order to accomplish the three-fold aim:

a) to identify the guilty party;

b) to locate the guilty party; and

 c) to provide evidence of the suspect’s guilt.

In order to accomplish the three-fold aim the investigator must seek to establish the six cardinal points
of investigation.

What are the six cardinal points of investigation?

Who: perpetrator/victim/witness/es

What: specific offense

When: time and date

Where: place or location

How: means or manner

Why: motive or reason

Objectives of Investigation:

1. To identify the perpetrator through:

a. Confession or admission

b. Eyewitness testimony

c. Circumstantial evidence

d. Associative evidence

2. Locate and apprehend the perpetrator

3. Gather evidence to prove the guilt of the accused

Extra-Judicial Confession versus Extra-Judicial Admission

An extra-judicial confession is a declaration made voluntarily and without compulsion or

inducement by a person under custodial investigation, stating or acknowledging that he had
committed or participated in the commission of a crime.

Extra judicial confessions are those which are made by the party elsewhere than before a magistrate or
in open court.

Extrajudicial confessions in a criminal case are generally admissible in evidence against the accused.
To be admissible, a confession must relate to the crime with which the accused is charged. Even if a
different crime confessed is a part of the same scheme as the crime charged, then the confession will be
admissible.

Extrajudicial admission means an admission made in proceedings outside court. An extrajudicial

admission made by the child would be insufficient to conclude that the child committed the acts alleged
in the petition. However, it would be sufficient if it is corroborated by other evidence.

Legal Requirements
An extra-judicial confession extracted in violation of constitutionally enshrined rights is inadmissible
in evidence.

During custodial investigation, suspects have the rights, among others:

(1) to remain silent,

(2) to have an independent and competent counsel,

(3) to be provided with such counsel, if unable to secure one,

(4) to be assisted by one in case of waiver, which should be in writing, of the foregoing; and

(5) to be informed of all such rights and of the fact that anything he says can and will be used against
him.

Where the remaining pieces of evidence are insufficient to determine guilt with moral certainty,
the appellant is entitled to an acquittal. A conviction must rest on the strength of the admissible
evidence of the prosecution, not on the weakness or insufficiency of the defense. Judicial versus
Extra-Judicial Admission and Confession

Judicial confessions are those made before a magistrate or in court in the due course of legal
proceedings; when made freely by the party with a full and perfect knowledge of their nature and
consequences, they are sufficient to found a conviction.

References:

Fundamentals of Criminal Investigation, Dr. Marilyn F. Balares, Ret. P/Supt. Nicasio L. Garcia

Effective Techniques in Criminal Investigation, Ret. P/Supt. Mario Baesa Garcia

Fundamentals of Criminal Investigation, Adeline Maghinay Florendo Fundamentals of Criminal

Investigation Mock-Board Reviewer, Roger Culiao Pacling

Fundamentals of Criminal Investigation, PSUPT Emma Galero-Muftuoglu, Phd., LIB

Special Crime Investigation 2 with Simulation on Interrogation and Interview, Ariel Barco Barreda,
MSCRIM, LLB, MCDRM

https://www.upcounsel.com/legal-def-confession
https://www.lawphil.net/judjuris/juri1999/jun1999/gr_130189_1999.html
https://definitions.uslegal.com/e/extrajudicial-admission/

Republic Act No. 7438

Rule 113, Rules of Court