ARREST, SEARCH, ARREST, SEARCH, SEIZURE and SEIZURE and COSTUDIAL COSTUDIAL

INVESTIGATIONINVESTIGATION

NULLUM CRIMEN NULLA NULLUM CRIMEN NULLA POENA SENE LEGEPOENA SENE LEGE

1. CRIMINAL PROCEDURE

[Rules of Court]

Method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and for their punishment, in case of conviction.

Concerned with the procedural steps through which a criminal case passes.

2. BASIS

Philippine Constitution, Art III, Sec 2The right of the people to be secure in their

persons, houses, papers and effects against UNREASONABLE searches and seizure of whatever nature and for any purpose shall be inviolable

NO search warrant shall issue except upon PROBABLE CAUSE

A. Purpose of the Provision Protection of privacy and sanctity of the person

and of his house and other possession against ARBITRARY intrusions BY THE STATE

B. Extent of the Prohibition Only against UNREASONABLE searches and

seizures

GENERAL RULE: “all searches and seizures are normally unreasonable UNLESS authorized by a validly issued search warrant or warrant of arrest”.

C. Persons Protected by the Law All persons whether citizens or aliens and

whether accused of a crime or not, within the jurisdiction of the State.

D. Premises Protected Not limited to dwelling but extends to garage,

warehouses, shops, stores and even safety vaults

ARRESTARREST

Definition: Taking into custody of a person so that he may be bound to answer for the commission of a crime.

How Made:1. By actual restraint

2. By submission to the custody of the person making the arrest

No violence or unnecessary force shall be used!!! (warning shots prohibited)

Person arrested shall not be subject to any greater restraint than is necessary for his detention

Method of Arrest

1. By virtue of a warrant Inform the person arrested of the cause of the

arrest He need not have the warrant in his

possession at the of the arrest

2. Without a warrant Inform the person of his authority to

make the arrest; and the Cause of the arrest

What is a Warrant of Arrest?What is a Warrant of Arrest?

• An order in writing• Issued in the name of the People of the

Philippines• Signed by a judge• Directed to a peace officer• Commanding him to arrest the person named in

the warrant• And to bring him before the court to answer for

the crime committed

REQUISITES Issued upon probable cause Personally determined by the judge Upon examination under oath or affirmation of

the complainant and his witnesses Particularly describing the person to be arrested

Life of a Warrant Arrest Until the person named in the warrant is

arrested or when the warrant is withdrawn by the judge.

Warrantless Arrests [Rule 113, section 5, Rules of Court]

1. When in the presence of the person making the arrest, the person to be arrested

has committed, is committing, or is attempting to commit

a crime

2. A crime has just been committed and the arresting officer or private person has personal knowledge indicating the person to be arrested was the one who committed the crime

3. Escaped prisoner from jail or while being transferred from one confinement to another

Who may make the arrest?

• Police officers

• Deputized Fish Wardens

• Private persons

• NBI

• Bailor

• Sheriff/Deputy Sheriff

• Provincial/City Probation Officer

• Commissioner of Land Transportation & his Deputies

RIGHTS OF THE DETAINEERIGHTS OF THE DETAINEE

• Rights provided for by Constitution, Law or Rules of Court

- to waive his rights under Article 125 of RPC and ask for Preliminary Investigation.

- to file a motion to quash the information or Complaint

- and the like

• To post bail

- Cash

- Property

- Corporate Surety

- Recognizance

Crime/s or Offense/s which may be Crime/s or Offense/s which may be committed by law enforcers in committed by law enforcers in

relation to DETENTIONrelation to DETENTION

• Delay in the delivery of detained persons to the proper judicial authorities (Art. 125.)

- Beyond the time within which to file the proper case

• Arbitraty detention (Art. 269, RPC)

- No legal grounds

CUSTODIAL INVESTIGATIONCUSTODIAL INVESTIGATION

• Refers to Questioning initiated by law enforcement officers

• after a person has been taken into custody or otherwise deprived of his freedom action in any significant way

• such person is a suspect

MIRANDA RIGHTSMIRANDA RIGHTS

• Right to remain silent

• Right to a counsel of his own choice

• Right to furnished of an independent counsel by the State if he can’t afford one

• Right to be informed of these rights

These rights cannot be waived except in writing and in the presence of counsel

Duties of the Arresting Officer

Deliver person to the nearest police station or jail

Deliver to the proper judicial authorities (Filing of a Complaint)

12 hours for felonies punishable by not more than six months (municipal fishing without a permit)

18 hours for felonies punishable by not more than six years (Illegal Use of Superlights)

36 hours for crimes punishable by afflictive or capital penalties (Catching of Whales)

SEARCHES

A. Purpose evidence to be used in the

prosecution of a criminal action for a crime with which one is accused of

B. What May be Searched or seized? Subject of the offense Stolen or embezzled and other proceeds or

fruits of the offense Used or intended to be used as a means of

committing an offense

C. What is a Search Warrant?An orderIn writingIssued in the name of the People of the

PhilippinesSigned by the judgeDirected to a peace officerCommanding to search for personal

properties described in the warrantBring it before the court

D. Requisites of a Valid Search Warrant

Issued upon probable cause Determined by the Judge himself/herself Judge has examined complainant and the

witnesses under oath Particular description of the place to be

searched and things to be seized Issued in connection with one specific

offense

E. Life of a Search warrant Valid only for ten (10) days from the date of

issuance After which the warrant shall be void and can

no longer be used as an authority to conduct search

F. Execution or ServiceOnly during the dayAny time during the day or night when

directed by the judge

G. Things to do when conducting a search

Show the warrantHave witnesses to accompany during

the search AT ALL TIMESLeave a detailed receiptSign the receiptRequest other witnesses to sign

H. Warrantless Searches and SeizuresSearch incidental to lawful arrestSearch of moving vehicles [URGENCY]Seizure of goods concealed to avoid

duties/ Customs searchesSeizure of evidence in plain viewWaiverCheck points

THE TOTAL EXCLUSIONARY THE TOTAL EXCLUSIONARY RULERULE

ANY EVIDENCE OBTAINED IN VIOLATION OF THE SEARCH AND SEIZURE CLAUSE OF THE CONSTITUTION SHALL BE INADMISSIBLE FOR ANY PURPOSE IN ANY PROCEEDING

DAGHANG SALAMAT!!!