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ARRESTS AND SEARCHES

Prepared by: Atty Teresita J. Herbosa


(Modified by CLS January 17, 2011)
When an arrest made without
warrant is valid
When person has committed, is actually
committing, or is attempting to commit an
offense in the presence of the officer (in
flagrante delicto);

When an offense has just been committed
and the officer has probable cause to believe
based on personal knowledge of facts or
circumstances that the person has
committed it (hot pursuit)

When person has escaped from prison or
confinement
INVALID WARRANTLESS
ARRESTS
Where officer had no personal knowledge of the
commission of the crime but only obtained
information from an informer and the suspect was
not doing anything unlawful when arrested;

Where there was sufficient time to apply for a
warrant after receipt of the information on the
commission of the crime;

Where the officer did not know the specific offense
being committed by the person although the latter
was acting suspiciously;

INVALID WARRANTLESS
ARRESTS
Where officer was merely suspicious that
person was engaged in a felonious
enterprise and arrested him only to find out;
Where the officer merely relied on hearsay
information that the source of the marijuana
was the suspect;
Where police did not have personal
knowledge but only so-called reliable
information;
INVALID WARRANTLESS
ARRESTS
Where the person has not executed an overt
act that he has just committed, is actually
committing or is attempting to commit a crime
or even if there was an overt act, it was not
done in the presence or within the view of the
arresting officer;
Where there was a lapse of five days within
which the police could have conducted a
surveillance and applied for warrant.


When to get a warrant of
arrest
DURING PRELIMINARY INVESTIGATION
Where the prosecutor conducting the preliminary
investigation believes an arrest warrant is necessary,
he shall apply for one before the judge within ten
days from the filing of the criminal complaint. The
preliminary investigation need not have terminated.
The judge can issue a warrant if he finds that
probable cause exists.
This is determined by an examination in writing and
under oath of the complainant and his witnesses in
the form of searching questions and answers that
there is necessity of placing the respondent under
immediate custody not to frustrate the ends of
justice.
When to get a warrant of
arrest
TEN DAYS FROM FILING OF
INFORMATION
After preliminary investigation and
there is probable cause, the
information is filed. Within ten days
therefrom, the judge shall personally
evaluate the resolution and evidence,
if he finds probable cause, he shall
issue warrant or arrest.

How to make an arrest
Any day and at any time of day or night
Inform person of the cause of arrest or
issuance of warrant
No need to inform where he:
(a) is committing crime or pursued
immediately after;
(b) has escaped;
flees;
(d) forcibly resists arrest; or
(e) when giving info will imperil arrest

How to make an arrest
Officer may summon persons to assist
him. They should assist him but
without detriment to themselves

May break into building or enclosure
after announcing purpose

No violence or unnecessary force shall
be used

How to make an arrest
Person shall not be subject to greater
restraint than is necessary for his detention

Deliver the person to the nearest police
station or jail without unnecessary delay

Within 10 days, make a report to judge who
issued warrant

DETENTION PERIODS ALLOWED BY LAW
FROM TIME TAKEN INTO CUSTODY
12 HOURS-OFFENSES PENALIZED BY ARRESTO MENOR

18 HOURS-OFFENSES PENALIZED BY PRISION CORRECIONAL
OR ARRESTO MAYOR
Ex. Using child for begging, drug trafficking or any illegal
activity

36 HOURS-OFFENSES PENALIZED BY RECLUSION PERPETUA
or TEMPORAL, PRISION MAYOR, DEATH
Ex. Child prostitution and other sexual abuse; child trafficking;
Using child for obscene publications and indecent shows; acts
of neglect, abuse, cruelty, exploitation; murder; homicide;
intentional mutilation; serious physical injuries where victim
under 12 years old; rape


What is INQUEST
A summary investigation
conducted by an inquest
prosecutor who will determine
whether the person arrested
without a warrant should remain
in custody and be charged in
court.


DOCUMENTS REQUIRED FOR
INQUEST TO BE CONDUCTED

Affidavit of arrest
Investigation report
Statements of offended party and
witnesses
Other supporting evidence
Where applicable death
certificate; post-mortem exam;
medical certificate; chemistry
report; medico-legal report

Other Requirements:INQUEST
If detained person wants preliminary
investigation, he must sign waiver of
period of illegal detention with counsel

Inquest prosecutor to examine sworn
statements and evidence

Inquest prosecutor may examine
complainant and witnesses


CONTENTS OF INQUEST INFORMATION
Offense committed and amount of bail, if
bailable

Certification by inquest prosecutor in
accordance with Sec. 7 Rule 112

Full name, aliases, address, place of
detention of accused

Full names and addresses of complainant
and witnesses


CONTENTS OF INQUEST INFORMATION
Detailed description of recovered items if
any

Full name and address of evidence custodian

Age and date of birth of complainant or
accused if below 18 years old

Full name and addresses of parents,
custodians or guardians of minor
complainant or accused


DUTIES OF POLICE OFFICERS
DURING INQUEST PROCEEDINGS
Take photographs

Recover all articles and pieces of evidence found at
crime scene

Safeguard evidence in that chain of custody properly
recorded, physically inventoried, checked and
accounted for with issuance of receipts, properly
deposited with police evidence custodian

Make written report

Execute sworn statements

PRELIMINARY INVESTIGATION
AND
CRIMINAL COMPLAINTS
Prepared by: Atty Teresita J. Herbosa
(Modified by CLS January 17, 2011)
What is an INFORMATION?
It is the complaint filed in court to
commence a criminal action:

It is a sworn written statement.
It charges a person with an offense.
It is subscribed by the offended party
or any law enforcement officer.
It identifies the law violated.
It is filed in court to commence a
criminal action
The Contents of an Information
or a Complaint
Name of accused
The law violated
Acts or omissions complained of as
constituting the offense,
Qualifying and aggravating
circumstances
Name of offended party
Approximate date of commission of the
offense
Place where offense was committed

Attachments to the Complaint
Sworn statements of complainant and
witnesses

Custodial investigation report

Medico-legal report

Investigation report of the DSWD or law
enforcement agency (for a child abuse
case)

Attachments to the Complaint
Physical/mental examination (for a
child abuse case)

Extra-judicial confession, if any,
executed in accordance with RA
7438

Other documentary and physical
evidence
Other Requirements for Preliminary
Investigation
Complete name and address of offender
in the preliminary investigation sheet

Such number of copies of the sworn
statements as there are offenders plus
two copies for the office of the prosecutor

Sworn statements shall be subscribed and
sworn to before the prosecutor, or a
government official authorized to
administer oath, or in their absence, any
notary public
Other Requirements for Preliminary
Investigation
The certification of the
subscribing officer that he
personally examined the
affiant and is satisfied that
he voluntarily executed
and understood his
statements

WHEN WARRANTS NOT NECESSARY AND
EVIDENCE OBTAINED IS ADMISSIBLE
SEARCH INCIDENT TO A LAWFUL
ARREST;
SEARCH OF A MOVING VEHICLE;
SEARCH OF VESSEL AND AIRCRAFT
FOR VIOLATION OF
IMMIGRATION, CUSTOMS AND
DRUG LAWS;

WHEN WARRANTS NOT NECESSARY AND
EVIDENCE OBTAINED IS ADMISSIBLE
STOP AND FRISK OPERATIONS;
SEIZURE OF PROHIBITED
ARTICLES OR EVIDENCE IN PLAIN
VIEW;
SEARCH OF AUTOMOBILE AT
BORDERS OR CONSTRUCTIVE
BORDERS;
WHEN WARRANTS NOT NECESSARY AND
EVIDENCE OBTAINED IS ADMISSIBLE
WHEN THE ACCUSED HIMSELF
WAIVES HIS RIGHT AGAINST
UNREASONABLE SEARCHES AND
SEIZURES OR CONSENTED
SEARCHES; AND
SEARCH OF BUILDING AND
PREMISES TO ENFORCE FIRE,
SANITARY AND BUILDING
REGULATIONS

WARRANTLESS SEARCH AND
SEIZURE EXPLAINED
Plain view doctrine prohibited or
clearly illegal articles may be taken
without a warrant if they are open
to the eye and the officer came
upon them inadvertently (in other
words, he wasnt looking for them),
subject to the following
limitations:
Plain view doctrine (contd)
Prior justification for intrusion as in valid
warrantless arrest;
Inadvertent discovery by police who had
the right to be where they were;
Immediate apparent illegality of
evidence although police not absolutely
certain if these had anything to do with
a crime;
Seizure of evidence did not entail further
general or exploratory search.

WARRANTLESS SEARCH AND
SEIZURE EXPLAINED (contd)
Waiver by accused which may be
done expressly or impliedly, as long as
the waiver is done voluntarily,
knowingly and intelligently. The
accused should not have felt coerced
by the presence, for example, of a
band of policemen at his door.


WARRANTLESS SEARCH AND
SEIZURE EXPLAINED (contd)
Stop and frisk or stop and search
principle where officer observed unusual
conduct leading him to reasonably conclude
that a criminal activity is afoot and person is
probably dangerous or armed. He has to
identify himself and, if nothing dispels his
fear for his or others safety, he may
conduct carefully limited search of outer
clothing of person to discover weapon.

WARRANTLESS SEARCH AND
SEIZURE EXPLAINED (contd)

Moving vehicle because it is not
practicable to get a warrant as the
vehicle can be moved quickly out
of the area or the jurisdiction in
which warrant must be sought
VALID WARRANTLESS SEARCHES
When the person lawfully arrested has
in his person anything used in the
commission of the crime, or which
may be used in evidence in the trial of
the case ;
When the search is limited to place of
arrest (e.g. if arrested outside of
house, a search of his room is not
permitted);
VALID WARRANTLESS SEARCHES
After arrest, upon arrival at place of
detention;
Search limited to person and area wherein
which arrested person could reach for a
weapon or there is attempt to destroy
evidence;
Search of moving vehicle where the officer
has reasonable or probable cause to believe
that he will find the instrumentality or
evidence of the crime in the vehicle; OR


VALID WARRANTLESS SEARCHES

Exigent circumstances where some
kind of emergency makes
obtaining a search warrant
impractical, useless, dangerous
and unnecessary

EXAMPLES OF INVALID
WARRANTLESS SEARCHES
Where the accused allowed members of the
military to enter his premises, his
consequent silence cannot be construed as
voluntary submission or an implied
acquiescence to a warrantless search and
seizure when the raiding team members
were intimidatingly numerous and heavily
armed. (People v. Compacion, 361 SCRA
540)



EXAMPLES OF INVALID
WARRANTLESS SEARCHES
Where the marijuana bricks were wrapped
in newsprint, there is no apparent illegality
to justify its seizure, and the plain view
doctrine can no longer provide any basis
nor can it be used to extend a general
exploratory search from one object to
another until something incriminating at
last emerges. (People v. Salanguit, 356
SCRA 683)
CONTENTS OF APPLICATION FOR A
SEARCH WARRANT
Facts must be within officers personal
knowledge, not hearsay;
Facts must be true and sufficiently
definite;
Facts should not have been merely
reported by a person, although reliable,
nor simply verified from sources
without showing how and when officer
made verification;
CONTENTS OF APPLICATION FOR A
SEARCH WARRANT
Statements should not be loose, vague
or doubtful nor based on mere
suspicion or belief;
Description of place to be searched
must be such that any officer enforcing
the warrant can, with reasonable
effort, ascertain and identify the place
and that there was prior knowledge of
place; and
CONTENTS OF APPLICATION FOR A
SEARCH WARRANT

Conclusions of law or fact should be
avoided;
Items to be seized must be indicated
to be the subject of an offense or
stolen or embezzled property and
proceeds or fruits of offense.