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ARREST, SEARCH, SEIZURE and COSTUDIAL INVESTIGATION

NULLUM CRIMEN NULLA POENA 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 2 The 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

ARREST
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?


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] 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

1.

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 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 committed by law enforcers in relation 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 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 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 cant 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 order In writing Issued in the name of the People of the Philippines Signed by the judge Directed to a peace officer Commanding to search for personal properties described in the warrant Bring 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 Service Only during the day Any time during the day or night when directed by the judge

G. Things to do when conducting a search


Show the warrant Have witnesses to accompany during the search AT ALL TIMES Leave a detailed receipt Sign the receipt Request other witnesses to sign

H. Warrantless Searches and Seizures Search incidental to lawful arrest Search of moving vehicles [URGENCY] Seizure of goods concealed to avoid duties/ Customs searches Seizure of evidence in plain view Waiver Check points

THE TOTAL EXCLUSIONARY RULE


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!!!

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