ARREST

ARREST DEFINED.

Arrest it the taking of a

person into custody so he can
answer for the commission of
an offense.
 WHO ARE EXEMPT FROM
ARREST?
• Senators or Members of the House of
Representatives, while Congress is in
session, in all offenses punishable by
not more than six (6) years
imprisonment. (Sec. 11, ART VI, 1987
Constitution.)

• Diplomatic Officials and their

domestics. (Rep. Act No. 75.)
DUTY OF ARRESTING OFFICER

It shall be duty of the officer

executing the warrant without
unnecessary delay to arrest the
accused and to deliver him to
the nearest police station or
jail. (Sec 3, Rule 113, Rules of
Court.)
INITIAL CONTACT WITH SUBJECT
• INVESTIGATOR / OPERATIVE identifies
himself in a Clear and Audible Voice.
- Show identification.
-Inform the subject that he is
under arrest.
-Consider the possibility that the
subject is wanted for other crimes.

METHODS OF ARREST:
1. With warrant of arrest
2. Without a warrant of arrest
 INVESTIGATOR’s / OPERATIVE’s
CONDUCT
• Be natural and pleasant but forceful and aggressive.
• Dominate the situation.
• Voice must command authority.
• Demand prompt and absolute obedience.
• Nervousness should be controlled.
• Avoid acting “tough” as the subject will be first to
detect it.
• Avoid profanity (this reflects personality
weakness.)
• Avoid being reticent or apologetic.
• Avoid unnecessary conversation.
• Investigator in charge does the talking and gives the
commands.
 PLANNING THE ARREST
• This is a responsibility of the chief team leader or
officer acting in his absence.
• If the arresting party is composed of two (2)
or more members, somebody must be placed
in charge, preferably the most experienced.
• Consider the arresting party and covering
party.
• Consider protection of innocent bystanders.
• Prevent escape of subject.
• Make a discreet reconnaissance of the area.
• Determine weapons and equipment needed.
 PLANNING THE ARREST
• Consider superiority of manpower and firepower.
• Make the plan simple enough to be understood
by the least experienced operative/investigator.
• Consider the element of SURPRISE. (Daybreak
has proven satisfactory for a number of
successful arrests.)
• Consider SPEED in the execution of the plan.
• Consider overall coordination.
• Consider concealment or cover that might be
available both in effecting the arrest and
removing the subject from the building.
• The briefing officer should ask the participants if
they have any questions regarding the plan.
IN GENERAL

AN ARREST is made by an actual restraint

of the person to be arrested, or by his
submission to the custody of the person
making the arrest.

No violence or unnecessary force shall be

used in making an arrest, and the person
arrested shall not be subjected to any greater
restraint than is necessary for his detention.
(Sec. 2, Rule 113.)
 MAKING THE ARREST

• Use good judgment in connection

with the arrest.

• Assume that the subject is armed and

will take your life if given an
opportunity.
 ARREST ON THE STREET

• This should be made from the side or

rear when possible.

• Subject should be forced toward a

building.

• Avoid congested areas when

possible.
 ARREST AT HOME, OFFICE or
BUSINESS ESTABLISHMENT

• Restrict the subject’s movement. Do

not grant requests for personal
privileges before being searched.

• Clothing and other things requested

should b e examined for weapons or
items of evidence before turning
them over to the subject.
 PERIODS WITHIN WHICH PERSON ARRESTED
WITHOUT A WARRANT SHOULD BE CHARGED IN
THE FORUM

12 hrs for the crimes or offenses

punishable with light penalties;
18 hrs for crimes or offenses
punishable with correctional penalties;
and
36 hrs for crimes or offenses
punishable with afflictive or capital
penalties.
RIGHT OF ATTORNEY or RELATIVE TO
VISIT PERSON ARRESTED
Any member of the bar shall, at the request of the
person arrested or of another on his behalf, have the
right to visit and confer privately with such person,
in jail or any other place of custody at any hour of
the day or, in urgent cases, of the night. This right
shall be exercised by any relative of the person
arrested subject to reasonable regulation. (Sec. 14,
Rule 113.)

Executive Order No. 155, dated 30 March 1987,

amending Republic Act No. 857, penalizes any public
officer who deprives a person of his right to counsel.
The penalty shall be Prison Correccional or
imprisonment of 6 months and 1 day to 6 years.
 MEDICAL EXAMINATION OF ARRESTED
PERSON/SUSPECT

Immediately After the Arrest of a

person ordered arrested by the court,
or of a suspect under investigation, he
should be subjected to a medical
examination. Prior to his Release or
Any Change of Custody, the suspect
should also be medically examined by
a Medico-Legal Officer, or, in the
absence of such medico-legal officer,
by any Government Physician in the
area.
SUMMONING ASSISTANCE FOR THE
ARREST
Any officer making a lawful arrest
may verbally summon as many
persons as he deems necessary to
aid him in making the arrest. Every
person so summoned shall aid him
in the making of such arrest, when
he can render such aid without
detriment to himself.
 RIGHT OF PERSON ARRESTED

Republic Act No. 7438 states the

right of a person arrested, detained
or under custodial investigation.
 SEARCH

SEARCH DEFINED
Search is an 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.
SEARCH WARRANT DEFINED.
A Search Warrant 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 described
therein and to bring it before the
court
 PERSONAL PROPERTY TO BE
SEIZED

A search warrant may be issued for the

search and seizure of the following personal
property:
- Property subject of the offense;
-Property stolen or embezzled and
other proceeds or fruits of the offense; and
-Property used or intended to be
used for committing an offense.
PROBABLE CAUSE REQUIRED FOR A
SEARCH WARRANT

Probable cause means that

sufficient facts must be presented
to the judge issuing the warrant to
convince him that circumstances
sufficiently establish the need for
the issuance of the warrant.
 MAY THINGS ILLEGALLY SEIZED BE
ADMITTED as EVIDENCE?
Generally, articles not included in the
search warrant may not be seized. However,
articles prohibited by a statute, although not
included in the search warrant, may be seized.
Thus, if during the progress of a bona fide
search for other commodities illegally
possessed, whether with search warrant or not,
contraband or items declared as illegal per se
are discovered, the contraband can be seized.
The seizure of goods, the possession of which
is forbidden by statute, violates no
constitutional right of the accused.
 HOW TO SERVE A SEARCH
A WARRANT
search warrant must be served within 10 days from its date
(thereafter, it shall be void) in the following manner:
• Police Officer concerned must be go to the place indicated in
the search warrant and take the things described therein, in
the presence of at least one competent witness who is a
resident of the neighborhood. If he is refused admittance to
the place after giving notice of his purpose and authority, he
may force himself in to execute the warrant; and if he is
detained therein, he may force himself out to liberate himself.
• The search must be made at daytime, unless otherwise
stated.
• The officer seizing the property must issue a detailed receipt
of the things seized to the person in whose possession it
was found, or in the absence of such person, he must, in the
presence of at least one witness, leave such receipt in the
place where such things were seized.
 SEARCHES OF PERSONS ARRESTED
• “Probe”, do not “pat”. (a woman operative should be used to
search females)
• The need to handcuff subject(s). Dangerous and violent
criminals, as well as escapees from prisons and escape
artists, must be handcuffed.
• Do not stop the search when a weapon is found.
• Look for items which may be used to commit suicide.
• Look for items of evidence.
• Searches should never cross the line of fire.
• Do not talk to subject(s) in the course of the search.
• Do not grant subject’s request to attend to something before,
during and immediately after the search.
• In a search by a single officer, have the gun ready with the
hand at a distance from the subject.
• Be sure to search every part of the body and clothing.
 TYPES OF SEARCHES
• Wall Search

• Standing Search

• Kneeling Search

• Prone Search