What do you know about Arrest, Search and Custodial Investigation?

For these particular topics you will better understand and recall your basic knowledge on arrest,
search, raid, and custodial investigation and other relevant topics in Fundamental of Criminal
Investigation.

Let us start by defining the basic terminologies such as: arrest, search, raid, and custodial investigation.

What is arrest?

Arrest is defined as the taking of a person into custody in order that he may be forthcoming to
answer for the commission of an offense.

How arrest is made?

Arrest is being made by an actual restraint of a person to be arrested or by his/her submission to the
custody of a person making the arrest. No violence or unnecessary force shall be used in making an
arrest. The person arrested shall not be subjected to a greater restraint than is necessary for his/her
detention.

What is the duty of

arresting officer?
It is the duty of the
officer executing the
warrant to arrest the
accused and deliver
him to the nearest police
station or jail without
unnecessary delay.
Execution of Warrant
Warrant of arrest shall
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 reasons
therefore.
When an arrest without
warrant is lawful?
A peace officer or a
private person may,
without warrant, arrest a
person when:
1. In his presence, the
person to be arrested
has committed, is
actually
committing, or is
attempting to commit an
offense
What is the duty of arresting officer?

It is the duty of the officer executing the warrant to arrest the accused and deliver him to the nearest
police station or jail without unnecessary delay.

Execution of Warrant

Warrant of arrest shall 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
reasons therefore.

What is the duty of arresting officer?

It is the duty of the officer executing the warrant to arrest the accused and deliver him to the nearest
police station or jail without unnecessary delay.

Execution of Warrant

Warrant of arrest shall 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
reasons therefore.
When an arrest without
warrant is lawful?
A peace officer or a
private person may,
without warrant, arrest a
person when:
1. In his presence, the
person to be arrested
has committed, is
actually
committing, or is
attempting to commit an
offense;
When an arrest without warrant is lawful?

A peace officer or a private person may, without warrant, arrest a person when:
1. In his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;

2. 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; and

3. The person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to the another.

In cases falling under paragraphs 1 and 2, the person arrested without warrant shall be delivered to
the nearest police station or jail and shall be proceeded against in accordance with section 7 of rule 112.

Arrest after escape or rescue

If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him
without a warrant at any time and in any place within the Philippines.

Right of attorney or relative to visit person arrested

Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his
behalf, have the right to visit and confer privately with such person in the jail or any other place of
custody at any hour of the day or night subject to reasonable regulations. Relative of the person
arrested can also exercise the same right.

What is search?

The term search refers to the 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.

What is seizure?

It refers to the confiscation of personal property by virtue of search warrant.

What is a search warrant?

It 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 and seized particular item and bring it
before the court. What personal properties may be the objects of search warrant?

1. Properties subject of offense;

2. Stolen, embezzled, and other proceeds or fruits of the offense;

3. Used or intended to be used as a means of committing an offense;

4. Any items that are illegal per se.

Application of search warrant

All application for search warrant shall be approved for filing by the Chief of Police.

The application shall indicate the following data:

1. Office applying for search warrant; 2. Name of officer applicant;

3. Name of subject, if known;

4. Address/place(s) to be search;

5. Specific statement of things/articles to be seized; and

6. Sketch of the place to be searched.

Court where application for search warrant shall be filed 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. However, if the criminal action has already been filed, the
application shall only be made in the court where the criminal action is pending.

Requisites for the issuance of a search warrant

A search warrant is 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. The search warrant particularly describes the place to be
searched and the things to be seized which may be anywhere in the Philippines.

Validity of search warrant

The warrant is valid for ten (10) days from the date of its issuance. Thereafter, it shall be void. 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.

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 must direct that it be served in the day time, unless the affidavit asserts that the property is
on the person or in the place ordered to be searched, in which case a direction may be inserted that it
be served at any time of the day or night. Valid search and seizure without warrant

1. Search made incidental to a valid arrest

 A person lawfully arrested may be searched without warrant for dangerous weapons or
anything which may be used or which may constitute proof in the commission of an offense.

2. Search of moving vehicles

If the officers who will be conducting the search has reasonable or probable cause to believe
that the motorist, before the search, is 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.

3. Seizure of evidence in plain view

Any object in the plain view may be subjected to seizure and may be introduced as evidence.
Requirements of plain view doctrine:
a. 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.
b. The discovery of the evidence in plain view is unintentional.
c. It is immediately apparent to the police officer that the item he observes may be
evidence of a crime, contraband, or is otherwise valid subject for seizure.

4. When there is waiver of the right or search is consented

To constitute a waiver of this constitutional right, it must appear, first, that the right exists;
secondly, that the person involved had knowledge, either actual or constructive, of the
existence of such right; lastly, that said person had an actual intention to relinquish the right.
Thus, where the accused voluntarily surrendered his gun, he cannot claim illegality of
seizures.

5. Searches under the stop-and-frisk rule

The designation of the right of a police officer to stop a person on the street,
interrogate him, and pat him for weapons whenever the officer has observed unusual conduct
which convince him that a criminal activity may be committed by the subject.

6. Emergency and exigent circumstances

In cases of exigent and emergency situation and the police officers has reasonable ground to
believe that a crime has been committed, and there is no opportunity to apply for a search
warrant from the courts because the latter were closed.
7. 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 affect a
warrantless search and seizure.

8. Customs search
Under the Tariff and Customs Code, searches, seizures, and arrest may be made even without a
warrant, for purposes of enforcing customs and tariff laws.
9. Search made pursuant to routine airport security procedures which is authorized under Section
9 of Republic Act No. 6235