WARRANT OF

ARREST
vs
SEARCH
WARRANT
What is a Warrant of
Arrest?
 An order signed by judge
directed to police officer
commanding him to
arrest the person
specified there in.
What is a Flagrante Delicto
Arrest?
Arrest without a Warrant
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 just
been committed, and he has
probable cause to beleive
based on personal knowledge
of facts or circumtances that
the person to be arrested has
committed it’
 This is also known as HOT
PURSUIT ARREST. The phrase
“has just been committed”
connotes “immediacy”
The measurement of
immediacy is between the time
the offense was committed and
the time the arrest was made.
 c.When the person to be
arrested is a prisoner who has
escaped from a penal
establishment or place where
he is serving final judgement or
is temporarily confined while his
case is pending, or has escaped
while being transfered from one
confinement to another.
 Requirements that must be present;
 First, the person to be arrested must
execute overt act indicating that he has
just committed, is actually committing, or
is attempting to commit crime.
 Two, such overt act is done in the
presence or within the view of the
arresting officer.
What is Warrant of
Arrest?
 A search warrant is an order
in writting, issued in the name
of the People of the
Philippines, signed by a judge,
and directed to a police
officer, commanding him to
search for personal property
and bring it before the court.
When can search be made
without a warrant?
 Warrantless Search Incidental
to a lawful Arrest.
A person lawfully arrested
maybe searched for dangerous
weapons or anything which may
have been used or constitute
proof in the commission of an
offense without a search
warrant.
 SEARCH OF EVIDENCE IN
PLAIN VIEW;
Plain View simply means
anything seen on plain sight or
having visual on things that are
readily observable.
 The Evidence must be
apparent
 The Evidence was
inadvertently discovered by
the police who have the right
to be where they are.
 INADVERTENCE - means that
the police officer conducting the
search must bear no knowledge
that the evidence was present in
that place and that upon
execution of search, such was
accidentaly discovered.
 SEARCH TO A MOVING
VEHICLE;
The vehicles inherent mobility
reduces expectation of privacy
especially when its transit in public
thoroughfares furnishes a highly
reasonable suspicion amounting to
probable cause that the occupant
committed a criminal activity.
 CONSENTED WARRANTLESS
SEARCH;
Refers to to the act of
relinquishing or abandoning the right
againts search.
 EXIGENT AND EMERGENCY
CIRCUMTANCES;
refer to situations or events
that require quich or
instantaneous judgment or
decision from the police officer.
 Examples:
• Access to a burning house to
rescue an occupant
• A police officer hearing gunfire
inside the house
• Emergency aid to a person being
injured inside the building
• Response to a person who
screams for help inside an
estblishment
Rights of a Persons Arrested,
Detained or Under Custodial
Investigation;
• shall all times be assisted by
counsel
• any public officer shall inform the
latter, in a language known to and
understood by him, oh his
MIRANDA RIGHTS
• The custodial investigation report
shall be reduced to writing by the
investigating officer, it shall be
adequately explained by his counsel
provided by the investigating officer
in the language or dialect known to
such arrested or detained person,
otherwise, such investigation report
shall be null and void and of no effect
whatsoever
• Any extra judicial confession shall
be in writting and signed by such
person in the presence of his
counsel otherwise, such
extrajudicial confession shall be
inadmissable as evidence in any
proceedings.
• Any waiver by a person arrested or
detained or under custodial
investigation, shall be in writing and
signed by such person in the
presence of his counsel, otherwise
the waiver shall be null and void and
of no effect
• Shall allowed visits by or conference
with any member of his immediate
family, or any medical doctor, or
priest or religious minister, by his
counsel or by any national non-
governmental organization duly
accredited by the commission on
Human Rights.
DETENTION-is the process whereby a state
or private citizen lawfully holds a person.This
can be due to (pending) criminal charges
preferred against the individual pursuant to a
prosecution or to protect a person or property.
Being detained does not always result in
being taken to a particular area (generally
called a detention centre), either for
interrogation or as punishment for a crime
 PENALTIES TO THE
VIOLATOR OF R.A 7438
• Fine of Six Thousand Pesos (P6,000)
or a penlaty of imprisonment of not
less than Eight (8) years but not more
than Ten (10) years, or both of them;
• Fail to inform any person arrested,
detained or under costudial
investigation of his right to remain
silent and to have competent and
independent counsel preferably of his
own choice.
• Fail to provide a competent and
independent counsel to a person
arrested.
“The penalty of perpetual absolute
disqualification shall also be imposed
upon the investigating officer who
has been previously convicted of a
similar offense. (sec. 4 Republic Act
7438.”
REGLEMENTARY PERIOD OF
12 HOURS - For crime or offenses
DETENTION
punishable by Light Penalties include
arresto menor and public censure.
18 HOURS - For crime or offenses
punishable by correctional penalties, or
their equivalent. Correctional Penalties
include Prison Correctional, Arresto
Mayor, Suspension and Destierro.
36 HOURS - For crime or offenses
punishable by Affictive or Capital
Penalties, or their equivalent. Capital
Penalty involves Death while afflictive
penalties include Reclusion Perpetua,
Reclusion Perpetua, Perpetual or
Temporary absolute disqualification,
Perpetual or Temporary special
disqualification, Prison Mayor.