Arrest

 - is the actual restraint of the person to be arrested or by

his submission to the custody of the person making the
arrest.

 - is taking of a person to have committed an act to

which the law define it as a crime into custody of any
law enforcement agencies who has the authority to do
so to answer queries in line with matters concerning the
commission of the crime
Time of Arrest
 As a general rule, arrests may be made on any day
of the week and at any time of the day or night.
Modes of Arrest
 An arrest may be made by virtue of a Warrant of
Arrest, or Warrantless Arrest as hereinafter
provided.
Warrant of arrest
 - define as a document from court ordering and
directing any law enforcer to apprehend and detain
any person whose name will appear in the warrant
for him to answer matters regarding the
commission of a crime
Who issues a Warrant of arrest
 only judges are authorized to issue Warrant of
Arrest and Search Warrant pursuant to Section 6
of Rule 112 of the Revised Rule on Criminal
Procedures
Execution of Warrant
 the head of the office whom the warrant of arrest
has been delivered for execution shall cause the
warrant to be executed within ten (10) days from
receipt.

 Simply means as the carrying out The duty to find

the person whose name was written in the warrant
and cause his arrest and detention.
 In the Philippines, the right of the person arrested is
originally define under the Bill of rights of the 1987
Philippine Constitution (Section 12, Article III)
1. Right to remain silent;
2. Right to have independent and competent counsel,
preferably of his own choice; and,
3. Right to know the nature and the cause of accusation
against the person accused.
 In addition to the above rights, the state enacted the
statutory law Republic Act 7438 which provides further
the process of obtaining confession to any person
detained or under custodial such that:

1. The person detained or under custodial investigation shall

be assisted by a counsel at all times;
2. The recital of his rights shall be in the dialect known and
understood by the person detained or under custodial
investigation; and,
 3. The custodial investigation report shall be
reduce into writing by the investigating officer and
must be explain to him by his by his counsel
before being sign by the same.
 PROCEDURES IN SERVING
WARRANT OF ARREST
 a) Verify the validity of the warrant and request
for an authenticated copy to issuing court;

 b ) In serving the warrant , the police officer

should introduce himself and show proper
identification;

 c) Make a manifestation of authority against the

person to be arrested
d ).If refused entry, the police office may break into any
residence, office, building, and other structure where the
person to be arrested is or is reasonably believed to be,
after announcing his purpose;

 e) The police officer need not to have the copy of a

warrant in his possession at the time of the arrest, if the
person arrested so requires , the warrant shall be shown
to the arrested person as soon as possible.
 f)Secure the person to be arrested;

 g)Inform the arrested person of the Miranda Doctrine as

provided for in the constitution.

 h)Conduct thorough search for weapons and other illegal

materials;

 i)In all cases, no force, violence, a shall be used in

making an arrest;
 j)Confiscated evidence shall be properly
documented;

 k)Bring
the arrested person to the police station
documentation;

 L)Submit return of Warrant to the court of origin;

and

 m)Deliver the arrested person to jail/prison upon

the court issuance of a commitment order.
 LAWFUL WARRANTLESS
ARREST
A peace officer or a private person may, without a
warrant, arrest a person:

 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 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
 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 area
to another.
 Procedures in Conducting
Warrantless Arrest
 a)Freeze or restrain the suspects; Employ necessary force if
needed.

 b)The police officer should introduce himself and show

proper identification.

 c)Make a manifestation of authority against the person to be

arrested;

 d)Inform the arrested person of the Miranda Doctrine as

provided for in the Constitution.
 e)Secure the person to be arrested.
 f)Conduct thorough search for weapons and other
illegal materials,
 g)In all cases, no force, violence a shall be used in
making an arrest
 h)Confiscated evidence shall be properly documented;
 i)Bring the arrested person to the Police Station.
 Prepare spot report, sworn statements of arresting officers
and witnesses other supporting documents, and processing
of evidences.

 K)Arrange for an inquest proceeding before the Office of

the Prosecutor prior reaching the regulation period of
twelve (12) hours for crimes or offenses punishable by
light penalties, or its equivalent; and thirty six (36) hours,
for crimes or offenses punishable by afflictive or capital
penalties, or its equivalent as provided by Article 125 of
the Revised Penal Code. File case to the inquest fiscal on
duty.
 Physical Examination of
Arrested Person/Suspect
 Before interrogation, the person arrested shall have the
right to be informed of his right to demand physical
examination by an independent and competent doctor
of his own choice
 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 personal property
describe therein and bring it before the Honorable court.
 The following properties may be the
objects of a search warrant:
 1.Properties which are the subject of the offense
 2.Stolen , embezzled proceeds or fruits of the
offense
 3.Objects including weapons , equipment , and
other items used or intended to be used as the
means of committing an offense
 Applications for Search
warrant
 all applications for search warrant shall be approved for
filling by the chief of office. The application shall
indicate the following data:

 a)Officeapplying for the Search Warrant

 b)Name of officer –applicant
 c)Name of the subject, if known
 d)Address/places to be searched
 e)Specific statement of things/articles to be
seized ; and
 f)Sketch of the place to be searched.
Time of Making Search
 the warrant must direct that it be served in the
daytime, 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.
 Prohibited Acts in the Conduct of Search by
Virtue of a Search Warrant
 a) Houses, rooms, pr other premises shall not be
searched except in the presence of the lawful
occupant thereof or any member of his family or in
the absence of the latter, in the presence of two (2)
witnesses of sufficient age and discretion residing in
the same locality.
 b)Lawful personal properties, papers, and other
valuables not specifically indicated or particularly
described in the search warrant shall not be taken.
Validity of Search Warrant

 the search shall be valid for ten (10) days from

date of issuance and may be served at any day
within the said period. Thereafter, it shall be void,
 Warrantless Searches and
Seizures
 Search incidental to Lawful Arrest
Define as the search and seizure of property made by any
police officer upon a valid arrest. It is allowed by the law
provided that the arrest was made by virtue of a valid
warrantless (inflagrante delicto, hot pursuit or escapee).
Seizure in Plain View

 Refers to the confiscation of embezzled or stolen

property or where the property is an evidence of a
crime or will be use in committing an offense in
the presence of police officer in plain view.
 Search of Moving Vehicle
 In searching a moving vehicle, law enforcement officers
are limited only to visual search means:
 The vehicle should not be completely search; nor,
 The person should be bodily search.


Consented Warrantless Search

 Is a search conducted upon voluntarily consent

given by the person exercising authority over the
property or by the rightful owner.
Searches under Stop and Frisk
Rule
 the designation of the right of a police officer to
stop a citizen on the street, interrogate him, and
pat him for weapons whenever he observes
unusual conduct which leads him to conclude that
a criminal activity may be afoot.
 Emergency and Exigent
Circumstances
 in cases of exigent and emergency situation and the
police operatives has reasonable ground to believe
that a crime was being committed, an they had no
opportunity to apply for a search warrant from the
courts because the latter were closed , under such
urgency and exigency , a search warrant could be
validity dispensed with
Tipped Information
 if the Police officers have reasonable grounds to
believe that subjects are engaged in illegal
activities, the tipped information is sufficient to
provide probable cause to effect a warrantless
search and seizure.
Illegal Search

Illegal Search
is referred to as fruit of poisonous three.

Fruit of Poisonous three doctrine

established the guideline that evidence obtained as a
result of some illegalities are inadmissible in the
court as the evidence is incompetent meaning they
are excluded by the law.
Exclusionary Rule
 speaks that evidence illegally obtained or fruit of
poisonous three are excluded as evidence as they
violate the right of privacy.
 Further, it established the principle that evidence
obtained by unreasonable search and seizures
regardless to their relevance to case under
investigation shall be inadmissible as evidence