2.10 Arrest, Search and Seizure

Lesson 2.
10 Arrest Search and Seizure
ARREST, SEARCH and SEIZURE

Lesson 2.10 Arrest Search and Seizure
LEARNING GOALS
The student will be refreshed, updated and

enhanced their knowledge in Arrest, Search
and Seizure.
LEARNING OBJECTIVES
 Discuss the Appraisal of Rights
 Discuss the Basic Principles and

Procedures regarding Arrest
 Discuss the Basic Principles and

Procedures regarding Search and Seizures
INTRODUCTION
The subject matter will tackle Appraisal of
Rights most specially the Miranda Doctrine,
Service of Warrant, the Grounds for
warrantless Arrest, Application of Search
Warrant and the Warrantless Search.
APPRAISAL OF RIGHTS
(MIRANDA DOCTRINE)
APPRAISAL OF RIGHTS
 PNP police officers conducting arrest shall recite
the “Miranda Doctrine” and Anti-Torture
Warning” as human rights advocate.
 Failure to recite the “Miranda” and “Anti-Torture”

Warning may lead to the dismissal of the case
against the suspect and filling of criminal or
administrative case for the arresting Police
Officer.
ARREST
ARREST
 Definition of Arrest: It is the taking of a person
into custody in order that he may be bound to
answer for the commission of an offense..
 - It is made by an actual restraint of a person to
be arrested, or by his/her submission to the
custody of the person making the arrest.
ARREST
 General Guidelines:
- All arrests should be made only on the basis of a

valid Warrant of Arrest issued by a competent
authority, except in instances where the law allows
warrantless arrest.
ARREST
- No violence or unnecessary force shall be used in

making an arrest, and the person to be arrested
shall not be subjected to any greater restraint than
what is necessary under the circumstances.
ARREST
- No torture, force, violence, threat, intimidation or

any other means which vitiate the free will shall be
used against an arrested person. The bringing of
arrested persons to secret detention places,
solitary confinement and the like is prohibited.
ARREST
- If the person arrested waives his right against

self-incrimination and chooses to give statement,
the arresting officer shall ensure that the waiver is
made in writing and signed by the person arrested
in the presence of counsel.
ARREST
- Arrests can be made on any day of the week

and at any time of the day or night.
- Arrested person should be given immediate

access to any form of communication.
ARREST
- The following are immune from arrest

1) Senator or Member of the House of
Representatives while Congress is in session
for an offense punishable by not more than 6
years of imprisonment; and
2) Diplomatic Agents (under the Vienna
Convention on Diplomatic Relations)
ARREST
General Guidelines
Police officer may summon assistance

A police officer making a lawful arrest
may verbally summon as many persons
as he deems necessary to assist him in
effecting the arrest.
RIGHT OF A POLICE OFFICER

TO BREAK INTO BUILDING
OR ENCLOSURE
A police officer in order to make an arrest,
with or without warrant, may break into a
building or enclosure where the person to
be arrested is or is reasonably believed
to be, if he is refused admittance thereto
after announcing his authority and purpose.
Physical Examination of
Arrested Person
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/her choice.
RIGHT TO BREAK OUT FROM

BUILDING OR ENCLOSURE
Whenever a police officer has entered the

building or enclosure to make an arrest, he
may break out there from, when necessary,
to liberate himself.
WARRANT OF ARREST
 Definition: The warrant of arrest is the written
authority of the arresting officer when making an
arrest or taking of a person into custody.
WARRANT OF ARREST
 Execution: The head of the office to whom the warrant
of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its
receipt. Within ten (10) days after the expiration of the
period, the officer to whom it was assigned for
execution shall make a report to the judge who issued
the warrant. In case of his failure to execute the
warrant, he shall state the reason therefore.
SERVING OF WARRANT OF ARREST

 Procedures:
- Verify the validity of the warrant and request for

an authenticated copy from the issuing court;
- In serving the warrant, the police officer should
introduce himself and show proper identification;
- Make a manifestation of authority against the
person to be arrested;

 Procedures:
- The police officer need not have a copy of the

warrant in his possession at the time of the arrest. If
the person arrested so requires, the warrant shall
be shown to him/her as soon as possible;
- Secure the person to be arrested and use
handcuffs for the protection of the arresting officer,
other individuals and the arrested person himself;

 Procedures:
- Conduct thorough search for weapons and other

illegal materials on the person arrested and
surroundings within his immediate control;
- Inform the person to be arrested of his rights under
the law;
- Confiscated evidence shall be properly
documented with the proper chain of custody of
evidence duly established;

 Procedures:
- Bring the arrested person without delay to the

Police Station for documentation and to record
the fact of arrest;
- Make a Return of Warrant to the court of origin;
- Deliver the arrested person to jail/prison upon
the issuance of a commitment order of the
Court.
Criminal Investigation Course (CIC)

WARRANTLESS ARREST under RULE

113 SECTION 5 OF THE REVISED
RULES OF THE CRIMINAL PROCEDURE
A peace officer or a private person may,
without a warrant, arrest a person:
1. When, in his presence, the person to be

arrested has committed, is actually committing,
or is attempting to commit an offense;

2. 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;

3. 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;
ARREST AFTER ESCAPE OR RESCUE
If a person lawfully arrested escapes or is

rescued, any person may immediately pursue
to retake him without a warrant at anytime
and in any place within the Philippines.
CITIZEN’S ARREST
Section 9, Rule 113 of the Rules of Court:
Method of arrest by private person. – When making an

arrest, a private person shall inform the person to be
arrested of the intention to arrest him and the case of the
arrest, unless the latter is either engaged in the commission
of an offense, is pursued immediately after its commission,
or has escaped, flees, or forcibly resists before the person
making the arrest has opportunity to so inform him, or when
the giving of such information will imperil the arrest.
PROCEDURES IN EFFECTING WARRANTLESS ARREST
• Freeze or restrain the suspect/s;

• Make proper introduction as to identity and
authority to arrest;
• Inform the arrested person of the circumstances
of his arrest and recite to him the Miranda
Warning;
PROCEDURES IN EFFECTING
WARRANTLESS ARREST
• Secure the person to be arrested and use
handcuffs for the protection of the arresting
officer, other individuals and the arrested
person himself;
• Conduct thorough search for weapons and
other illegal materials;
• Confiscated evidence shall be properly
documented;
PROCEDURES IN EFFECTING
WARRANTLESS ARREST
• Bring the arrested person without delay to the
Police Station for further investigation and
disposition;
• Arrested person shall be subjected to inquest
proceedings within the time prescribed in
Article 125 of the Revised Penal Code (RPC).
• If arrested person without warrant waives his
right under the provision of Article 125 of RPC,
waiver of detention must be signed must be in
the presence of his/her counsel.
SEARCH and SEIZURE

DEFINITION OF TERMS
Search - means examination of a person's body,
property or other area which the person
would reasonably be expected to consider as
private by a law enforcement officer for
finding evidence of a crime.
DEFINITION OF TERMS
Seizure - is the act of taking by

legal process or force, such as the
seizure of evidence found at the scene
of a crime.
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 therin and bring it before
the court.
SAMPLE OF SEARCH WARRANT

REQUISITES FOR THE ISSUANCE OF

SEARCH WARRANT
A search warrant shall be issued only

upon probable cause in connection with one
specific offense to be determined personally
by the judge after examination under oath or
affirmation of the complainant and the
witnesses presented.
REQUISITES FOR THE ISSUANCE OF

SEARCH WARRANT
The search warrant shall particularly describe the

place to be searched and the things
to be seized which may be anywhere
in the Philippines.
THE FOLLOWING PROPERTIES

MAY BE THE OBJECTS OF A
SEARCH WARRANT :
 Properties which are the subject of the offense;
 Stolen, embezzled proceeds, or fruits of the
offense; and
 Objects including weapons, equipment, and
other items used or intended to be used as
the means of committing an offense
THE FOLLOWING PROPERTIES MAY BE

THE OBJECTS OF A SEARCH
WARRANT
 Objects that are illegal per se, even if not
particularly described in the search warrant
may be seized under the plain view
doctrine.
All applications for Search Warrant shall be

approved for filing by the Chief of Office
● Office applying for the Search Warrant;

● Name of officer-applicant;
● Name of the subject, if known;
● Address/place(s) to be searched;
● Specific statement of things/articles to be
seized; and
● Sketch of the place to be searched.
The application shall indicate the following data:
All approved applications shall be recorded in a

log book, duly maintained for the purpose,
indicating the name of the applicant name of the
respondent, nature of the offense, and date of the
application.
EVIDENCE NEEDED
1. Photograph of the subject house or building.
2. Sketch and vicinity map of the place.
3. Authority or proof of ownership of the owner.
4. Request for police assistance from owner.
5. Affidavit complaint of owner narrating the violation.
6. Affidavitof deponent narrating his personal
knowledge on violation of law.
7. Photograph of actual violation, if possible.
8. Test buy result, if applicable.
Q. Where application for search warrant shall be filed?
A. As a general rule, an application for search warrant

shall be filed with the following:
1. any court within whose territorial jurisdiction a crime was

committed
2. for compelling reasons stated in the application, any court
within the judicial region where the crime was committed if
the place of the commission of the crime is known, or any
court within the judicial region where the warrant shall be
enforced. (Sec. 2, Rule 126, Revised Rules of Criminal
Procedure)
Exception: A.M. No. 99-10-09-SC in relation to

OCA Circular No. 40-2016
Applications for Search Warrants involving heinous
crimes, illegal gambling, dangerous drugs and
illegal possession of firearms, filed with the
Executive Judges of the City of Manila and Quezon
City, to be enforced outside their respective
territorial jurisdictions, must be endorsed or
authorized by the Chief, PNP or by TDIDM.
Q. Who is the official authorized to endorse the
application for search warrant?
A. Supreme Court A.M. No. 99-20-09-SC
provides that the application shall be
personally endorsed by the Heads of the
agencies. Such requirement was retained
under OCA Circular No. 40-2016 issued last
February 10, 2016 and further including the
Head of PDEA and also included are violations
of the Anti-Money Laundering Act and the
Tariff and Customs Code.
Q. May the authority to endorse application for search
warrant be delegated?
A. Yes, OCA Circular No. 88-2-16 issued last April 4, 2016 provides that,
all applications for search warrants enforceable within the
territorial jurisdiction of the issuing court endorsed or authorized
by the following officers of the PNP shall be sufficient compliance
with OCA Circular No. 40-2016.
1. Deputy Chief for Operations
2. Director for Investigation and Detective Management
3. Directors for Integrated Police Operations
4. Regional Directors
5. Directors, National Support Units
6. Regional Chiefs, National Support Units
7. Provincial Directors
8. Provincial Officers, National Support Units, and
9. Chiefs of Police
VALIDITY OF A SEARCH
WARRANT
● The warrant 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.
WARRANT
● If, in the implementation of the search
warrant, its object or purpose cannot be
accomplished in one day, the search can
be continued the following day, or days,
until completed, provided it is still within
the ten (10)-day validity period of
the search warrant.
WARRANT
● If the object or purpose of the search warrant
cannot be accomplished within the ten
(10)-day validity period, the responsible police
officer conducting the search must file, before
the issuing court, an application for the extension
of the validity period of said search warrant.
TIME OF SEARCH
● The warrant should be served during daytime,

unless there is a provision in the warrant
allowing service at any time of the day or
night.
Prohibited Acts in the Conduct of

Search by Virtue of a Search Warrant
● Houses, rooms, or other premises shall not be

searched except in the presence of the lawful
occupant thereof or any member of his/her family
or, in the absence of the latter, in the presence of
tow witnesses of sufficient age and discretion
residing in the same locality.
Prohibited Acts in the Conduct of

Search by Virtue of a Search Warrant
● Lawful personal properties, papers, and other

valuables not specifically indicated or
particularly described in the search warrant
shall not be taken.
Inventory and Delivery of Property

Seized
Inventory and Delivery of Property

Seized
WARRANTLESS SEARCH
A search of someone's body or property

conducted by law enforcement personnel
without the issuance of a search warrant.
VALID SEARCH AND SEIZURES

WITHOUT SEARCH WARRANT
● Search made incidental to a valid arrest

A person lawfully arrested may be searched
for dangerous weapons or anything which may
be used or which may constitute proof
in the commission of an offense.

Search without a search warrant. The

warrantless search and seizure as an incident
to a lawful arrest may extend beyond the
person of the arrested to include the premises
or surroundings under his immediate control.

● Search of moving vehicles
If the police officers who will conduct the search
have reasonable or probable cause to believe,
before the search, that either the motorist is a law
offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to be
searched, the vehicle may be stopped and
subjected to an extensive search.

● Seizure of evidence in plain view
Any object in the plain view is
subject to seizure and may be introduced
as evidence. Requirements under the Plain
View Doctrine are:
Seizure of evidence in plain view

-The police officer must have prior justification for an
intrusion or, otherwise, must be in a position from
which he can view a particular area;
-The discovery of the evidence in plain view is

unintentional; or
-It is immediately apparent to the police officer that

the item he observes may be evidence of a crime,
contraband, or is a valid subject of seizure.
● When there is waiver of the right

or there is consented search
To constitute a waiver of this constitutional

right, it must appear, first, that the right exists;
second, that the person involved had
knowledge, either actual or constructive, of the
existence of such right; that said person had an
actual intention to relinquish the right.
● Searches Under Stop and Frisk Rule
The police officer has the right to stop a citizen

on the street, interrogate him, and pat him for
weapons whenever he observes unusual conduct
which convinces him that a criminal activity
exists.
● Emergency and Exigent

Circumstances
A search warrant could be validly dispensed with

in cases of exigent and emergency situation, and
the police officers have reasonable grounds to
believe that a crime is being committed, and they
have no opportunity to apply for a search warrant
from the courts because the latter were closed.
●Tipped Information
If the police officers have reasonable grounds to

believe that the subjects are engaged in illegal
activities, the tipped information is sufficient to
provide probable cause to effect a warrantless
search and seizure.
Rule for checkpoints

Inspection of the vehicle should be limited
to a visual search. The vehicle itself
should not be searched, and its
occupants should not be subjected to a
body search.
Criminal Investigation Course (CIC)

END OF PRESENTATION
www.pnp.gov.ph

2.10 Arrest, Search and Seizure

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Lesson 2.

10 Arrest Search and Seizure

ARREST, SEARCH and SEIZURE

The student will be refreshed, updated and

 Discuss the Basic Principles and

 Discuss the Basic Principles and

 Failure to recite the “Miranda” and “Anti-Torture”

- All arrests should be made only on the basis of a

- No violence or unnecessary force shall be used in

- No torture, force, violence, threat, intimidation or

- If the person arrested waives his right against

- Arrests can be made on any day of the week

- Arrested person should be given immediate

- The following are immune from arrest

Police officer may summon assistance

RIGHT OF A POLICE OFFICER

The person arrested shall have the right to

RIGHT TO BREAK OUT FROM

Whenever a police officer has entered the

SERVING OF WARRANT OF ARREST

- Verify the validity of the warrant and request for

SERVING OF WARRANT OF ARREST

- The police officer need not have a copy of the

SERVING OF WARRANT OF ARREST

- Conduct thorough search for weapons and other

SERVING OF WARRANT OF ARREST

- Bring the arrested person without delay to the

Criminal Investigation Course (CIC)

WARRANTLESS ARREST under RULE

1. When, in his presence, the person to be

WARRANTLESS ARREST under RULE

2. When an offense has just been committed

WARRANTLESS ARREST under RULE

3. When the person to be arrested is a prisoner

ARREST AFTER ESCAPE OR RESCUE

If a person lawfully arrested escapes or is

Method of arrest by private person. – When making an

PROCEDURES IN EFFECTING WARRANTLESS ARREST

• Freeze or restrain the suspect/s;

SEARCH and SEIZURE

Seizure - is the act of taking by

is an order In writing issued in the name of

SAMPLE OF SEARCH WARRANT

REQUISITES FOR THE ISSUANCE OF

A search warrant shall be issued only

REQUISITES FOR THE ISSUANCE OF

The search warrant shall particularly describe the

THE FOLLOWING PROPERTIES

THE FOLLOWING PROPERTIES MAY BE

All applications for Search Warrant shall be

● Office applying for the Search Warrant;

The application shall indicate the following data:

All approved applications shall be recorded in a

A. As a general rule, an application for search warrant

1. any court within whose territorial jurisdiction a crime was

Exception: A.M. No. 99-10-09-SC in relation to

● The warrant should be served during daytime,

Prohibited Acts in the Conduct of

● Houses, rooms, or other premises shall not be

Prohibited Acts in the Conduct of

● Lawful personal properties, papers, and other

Inventory and Delivery of Property

Inventory and Delivery of Property