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ARREST, SEARCH AND SEIZURE

ARREST
• Arrest – taking of a person into custody-
to make him answer for the commission
of an offense.
• Jurisdiction over the person is acquired
by the court upon the arrest of an
accused person pursuant to a warrant
issued by the court
• Voluntary surrender
CONSTITUTIONAL PROVISION
• Sec. 2 Art III
• [ no search warrant or warrant of arrest shall
issue except upon probable cause to be
determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may
produce, and particularly describing the place
to be searched and the persons or things to be
seized}
• Judge should not rely on the prosecutor’s
Certification of probable cause- belief that
respondent committed a crime and he is
probably guilty thereof.
• Conduct judicial determination of probable
cause- personal evaluation of the investigation
report and supporting documents
• No need to examine complainant and his
witnesses
lawful Warrantless arrest
Police Officer or private person
• In flagrante delicto- performs overt act that would
indicate that he has committed, is actually committing
or is attempting to commit an offense
• Probable cause –actual belief or reasonable ground of
suspicion- probably guilty of committing the offense
based on actual facts or supported by circumstances
strong enough to create such probable cause
• Coupled wt Good faith on the part of the arresting
officer
• Reliable information is not sufficient to justify a
warrantless arrest
• Pp vs. Aminnudin – identity of accused known to
officers, his planned criminal enterprise and the
vessel he would be taking, sufficient time to
obtain a search warrant
• Pp. vsTangliben- on the spot information – there
is urgency to act swiftly and Pp vs. Maspil . No
exact description of the vehicle accused would be
taking and no definite time of arrival .
• Pp. vs Anita Claudio
SEARCH AND SEIZURE
• Defined- 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
• Not a criminal action, criminal proceedings not
yet commenced, it is not a proceeding against a
person but solely for discovery and to get
possession of property
Constitutional Provision
• Sec 2, Art III
• The right of the people to be secure in their person,
houses and effects against unreasonable search and
seizure of whatever nature and any purposes shall be
inviolable.
• No search warrant or warrant of arrest shall issue
except upon probable cause to be determined
personally by the judge after examination under oath
or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to
be searched or things to be seized
Inadmissible in evidence for any
purpose or in any proceeding
• Fruit of the poisonous tree
• Vulnerable to a motion to suppress evidence
or motion to quash search warrant
• Exclusionary rule-excluded evidence
• Probable cause- facts to show that particular
things connected with a crime are found in a
specific location. An offense has been committed
and the objects sought in connection with the
offense are in the place to be searched.
• Personal examination by the judge of the
complainant and the witnesses is a must. In
writing under oath, attached to the record.
• Difference of search warrant from arrest warrant
Only personal property may be
searched and also maybe seized
• Personal property subject of the offense
• Personal property stolen or embezzled and
other proceeds or fruits of the offense
• Personal property used or intended to be used
as a means of committing an offense.
• If it described illegally possessed firearm do
not include dangerous drugs
• No general warrant-if it is the garage do not go to
the room. If it is the car do not go inside the
house…. Books of accounts, all records and
papers used in the business…..Nothing is left to
the discretion of the officer executing the warrant
• meaningful restriction
• Only for one specific offense- for allegedly
violating the estafa, falsification, insurance fraud,
tax evasion
Which court would you secure the
search warrant
• Any court of the place “territorial jurisdiction”
where a crime was committed.
• Compelling reason – any court within the judicial
region – where warrant is to be enforced
• A.M. No. 99-10-09-SC- Executive judge and Vice
Executive Judge –RTC Manila and Quezon city on
crimes involving heinous crimes, drugs, illegal
gambling and firearms filed by PNP, NBI, PAOC-TF,
head of agencies- served outside territorial
jurisdiction
Particular description
• Particularity sufficient to identify him with
reasonable certainty- no requirement that the
search warrant must name the person
occupying the described premises
• Sufficient to enable the officer to locate and
identify the premises with reasonable effort.
• No need to described the caliber
In whose presence search is to be
made?
• Sec. 8 Rule 126- No search of a house, room or
any other premises shall be made except in
the presence of the lawful occupant thereof
or any member of his family or In the absence
of the latter, two witnesses of sufficient age
and discretion residing in the locality
Valid Search without warrant
• Incidental to a lawful arrest. After a buy-bust
operation packets of shabu were found in his
pockets.
• Plain view-inadvertently discovered during the
raid- within the permissible area within the
latter’s reach – even not connected to illegal
possession of drugs –evidence constituting proof
another offense- within the area of his immediate
control
• Does not extend to other places far already –
Several blocks away
• Search of moving vehicle- can quickly move
out
• Check points- visual search
• Entrapment operation – buy –bust operations;
objective test applied –details of the
purported transaction must be clearly and
adequately shown – whether or not through
informant
• Terry searches – stop and frisk- pat down
outside person’s outer garment -entitled to
the protection of himself- criminal activity has
happened or about to happen- in possession
of a weapon that will pose danger to the
Officer- The search and seizure should
precede the arrest
• Consented search- voluntary – shown by clear
convincing evidence.
• Right ; he knows that such right exists; actual
intention to relinguish the right.
• Peaceful submission; demonstration of regard
for the supremacy of the law
Post seizure Procedure
• Physical inventory
• Return of search warrant
• Photograph of seized item in presence of
person arrested
• Representative from media; DOJ, elective
official
• Regularity in the performance of duty vis-à-vis
right to the presumption of innocence
• Right to seek damages by separate civil action for
the wrong inflicted by an improperly obtained or
enforced search warrant * G.R. 180595 March
5,2010.
• Rep.Act 7438- penalties; include inviting officer
• Failure to inform him of his right to remain silent
and to counsel
• Prevents or prohibits counsel, members of family
to visit
• Torture; physical injuries charge ; maltreatment
Rights of Person Arrested
• To be assisted by counsel at all times
• To remain silent
• To be informed of the above said rights
• To visit by his counsel, family members, NGO,
• Rights cannot be waived except in writing and
in the presence of counsel – similar to waiver
of detention under Art 125 of the Rev. Penal
Code
Admission and Confession
• Rule 130 sec 26 Admission by a party- The act,
declaration, or omission of a party as to a
relevant fact may be given in evidence against
him.
• Confession- The declaration of accused
acknowledging his guilt of the offense charged
or of any offense necessarily included therein,
may be given in evidence against him
Extra-judicial Confession
• Rep Act 7438 – Custodial investigation report –
reduced in writing; adequately explained
• -competent and independent counsel – he should
ascertain that the confession is made voluntary;
he understands fully the nature and consequence
of his extra-judicial confession.
• Failure to meet the standards-inadmissible in
evidence.
• Judicial admission/confession during arraignment
Considered Voluntary
• Media Confession
• Confession to Barangay Chairman
• Body of the crime
• Overwhelming evidence
• Evidence of guilt beyond reasonable doubt
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