2nd Examination pointers of CRI 222 (Fundamentals of CRIMINAL

INVSETIGATION and INTELLIGENCE)

 Jhon doe Warrant - It is a warrant for the apprehension of a person whose true name is unknown

 Alias Warrant - It is a warrant replacing the first one (Warrant of Arrest) due to expiration. The court
shall issue an alias warrant if the original warrant of arrest is returned by the peace officer together with
the report
 Search Warrant – According to Revised Rule of Criminal Procedure, 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 bring it before the court.
- shall particularly describe the place to be searched and the things to be seized which may be
anywhere in the Philippines.
- SEARCH – HANAP
SEIZE – KUHA
WARRANT – PAHINTULOT
 Consented search - constitute a waiver of this constitutional right, it must appear, (a)that the right exists;
(b)that the person involved had knowledge, either actual or constructive, of the existence of such right;
(c)that said person had an actual intention to relinquish the right.
 Validity of search Warrant - 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
- 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.
 Arrest according to Revised Rule - taking of a person into custody in order that he may be bound to
answer for the commission of an offense.
Latin: Arrestare which means CAUSE TO STOP and Restare which means STAY BEHIND.
 Arrest warrant - The warrant of arrest is the written authority of the arresting officer when
making an arrest or taking a person into custody in order that he may be bound to answer for the
commission of an offense.
 Warrantless Arrest General Rule: No peace officer or person has the power or authority to arrest anyone
without a warrant except; Lawful Warrantless Arrest
 In flagrante delicto arrests - In his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.
 DOCTRINE OF HOT PURSUIT - When an offense has in fact just been committed, and he has probable
cause to believe based on PERSONAL KNOWLEDGE if fact and circumstance that the person to be
arrested has committed.
 Prisoners arrest - 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 to another. Known as Escapee
 Citizen’s Arrest - It is a warrantless arrest that can be affected by a private individual. It is termed as a
citizen’s arrest if an arrest is made by a private individual or citizen.
 Plain view doctrine - Objects that are illegal per se, even if not particularly described in the search
warrant, may be seized under the plain view doctrine.
PLAIN VIEW IN TAGALOG – KITANG KITA
 Requirements in making Arrest
- An arrest is made by an actual restraint of a 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. The person arrested shall not be
subject to a greater restraint than is necessary for his detention.

 Raid - a surprise invasion of a building or area.

 - Raids are usually made after careful investigation and when other
methods of accomplishing the mission are not suitable.

 Legal Basis on Conducting Raid - A raid must be legal, having its basis in lawful process and
conducted in a legal manner. This will be in the form of a search warrant or warrant of arrest.
 Objective of Raid Operation – Effect an apprehension; Obtain evidence of illegal activity by surprising
the
offenders in flagrante delicto (Buy bust); Recover stolen property.
 Exclusionary Rule - mandates that evidence obtained from an illegal arrest, unreasonable search or
coercive investigation, or in violation of a particular law, must be excluded from the trial and will not be
admitted as evidence.
 Active Event - in progress that requires immediate and decisive tactical actions

1. The criminal act is or may still be in progress at the scene.

2. The suspect is or may still be at the scene of the event.
3. The situation is, or may be, a danger to the life or safety of a person, including the life or safety of
attending police officers.

 Inactive Event - where a less urgent, slower, and more strategic approach can be taken.

1. The criminal act has concluded at the scene.

2. The suspect or suspects have left the scene or have been arrested or detained.
3. The situation at the scene no longer represents a danger to the life or safety of a person, including police
officers.

 Role of Probable Cause - It refers to the facts or circumstances known by the judge after a
careful examination of the complainant and witnesses the complainant produced that induced the judge
to believe without a doubt that a crime was committed and a warrant of arrest should be issued.
 Significance of Corpus delicti -
- Latin for body of the crime
- Used to describe physical or material evidence that a crime has been committed
such as the corpse of a murder victim or the cleaned of the torched building.
 Function of Prima Facie - This evidence suffices for the proof of a particular fact until contradicted by
other evidence.
 Strategic Investigative Response - Once an investigator has arrived at the scene of an event and has
brought the event under control by either making an arrest or by determining that the suspect has fled
the scene and no longer poses a threat to the life or safety of persons
 Tactical Investigative Response - is faced by operational officers who are engaged in the frontline
response to criminal events.; the responding officers often have little or no time to undertake the tasks
of gathering information. They must rely on the information of a dispatched complaint, coupled with
their own observations made once they arrive at the scene.
 Justifiable use of Force - the use of force shall be avoided. However, when during the conduct of
the raid an armed confrontation took place due to unavoidable circumstances, the police may use
reasonable force to overcome the threat posed by the suspect.
 Justifiable use of Fire arms - The use of firearm is justifiable only by virtue of the Doctrines of Self-
defense, Defense of Relative, and Defense of Stranger, and if the police has probable cause to believe
(based on facts) that the suspect poses an imminent danger of death or serious physical injury to the
police or other persons.
 Associative Evidence - Pieces of evidence which links a person to crime
- Ex: Weapon, tools, garments or foot impression, broken headlights in hit-and-run cases
 Usefulness of Physical evidence - This evidence is addressed to the senses of the court and is capable
of being exhibited to be examined or viewed by the court. This is also known as Autoptic Evidence or Real
 Evidence.
Ex: Knife
 Evidence according to RPC - Evidence is the means, sanctioned by these rules, of ascertaining in a
judicial proceeding the truth respecting a matter of fact
 Testimonial Evidence -
 Evidence as REAL and AUTOPTIC - Physical evidence that can be seen and inspected through the
jury's own eyes. Such evidences have probative value but do not directly prove or disprove the subject
matter in question. It is also termed demonstrative evidence.
 Direct evidence - It is that which proves the fact in dispute without the aid of any inference or
presumption. The evidence presented corresponds to the precise or actual point at issue.
 Circumstantial Evidence - (a)the facts from which the inferences are derived have been established;
and (b) the combination of all the circumstances unavoidably leads to a finding of guilt beyond
reasonable doubt.
 Corroborative evidence - This evidence is of different kind and character as that already given and
tends to prove the same proposition
 Search of a moving Vehicle - 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.
 Transportation time of person Arrested
- Article 125 provides penalties against the public officer or employee who shall delay in the delivery
of detained persons to the proper judicial authorities within the period of: 12 hours, 18 hours, or 36
hours, depending on the gravity of the offense.
12 HOURS – LIGHT PENALTIES
18 HOURS – CORRECCIONAL PENALTIES
36 HOURS – AFFLICTIVE/ CAPITAL PENALTIES
 Stop and frisk - 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.

GOODLUCK! FIGHTING!!

"Start where you are. Use what you have. Do what you can.”

– Arthur Ashe