LESSON PLAN

TITLE : Arrest, Search and Seizure

COURSE : Criminal Investigation Course

MODULE : 3 - Investigative Procedures

LESSON PLAN NUMBER : 12

LEARNING AIDS REQUIRED : Multi-media projector and laptop,

handouts, white board and marker

PARTICIPANTS EQUIPMENT REQUIRED: Notebook, ballpen, learning and training

materials, handouts

TRAINING REFERENCES USED : Revised Rules of Court and Revised

Penal Code

INTRODUCTION:
Arrest, Search and Seizure are the most common law enforcement components
that a policeman faces in the performance of their duties.

As the direct link between the state and the community, policemen are at the
front line of enforcing laws, hence, a working knowledge as to the application and
concepts of the above-stated provision of Criminal Procedures is a must for every
policeman.

LEARNING GOAL:

This lesson will provide the participants with an enhanced and updated
knowledge on Arrest, Search and Seizure and its application which will be the ultimate
goal in investigation.

LEARNING OBJECTIVES:

By the end of this module, the participants should

1. Know the definition of Arrest, Search and Seizure and its importance;
2. Acquire basic knowledge on what is the procedural aspect in making
arrests;
3. Be familiar with the application of search warrant and the taking of
affidavits of Deponent; and
4. Have self-confidence while in the field of investigation.

SESSIONS:

1. ARREST
a. Definition of arrest. (Sec. 1) – Arrest is the taking of a person into custody in
order that he may be bound to answer for the commission of an offense.
All arrests should be made only on the basis of a valid Arrant of Arrest issued
by competent authority, except in instances where the law allows warrantless arrest.
 1) Warrant of Arrest - an order in writing issued in the name of the People of
the Philippines, signed by a judge and directed to peace officer, commanding him to
arrest a person and bring him before the court.
2) Rights of a person under arrest or Custodial investigation:

“You are now under arrest/custodial investigation for ______. You have
the right to remain silent and to have a competent and independent counsel of your own
choice, and if you cannot afford the services of the lawyer, one shall be provided for free
by the government. Any statement made by you during investigation may be used for or
against you in any Court of Law of the Philippines.” (These rights cannot be waived
except in writing and in the presence of a counsel.)
b. Arrest; how made (Sec. 2) – An arrest is made by an actual restraint of a
person to be arrested, or by his submission to 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 subjected to a greater restraint than is necessary for his
detention.
1) Making the arrest.
a) Use good judgment in connection with the arrest.
b) Assume that the subject is armed and will take your life if given the
opportunity.
2) Arrest on the street.
a) This should be made from the side or rear of the person to be
arrested, when possible.
b) Suspect should be forced toward the building.
c) Avoid congested area, when possible.
3) Arrest at Home, Office, or Business Establishment
a) Restrict the subject’s movement. Do not grant request for personal
privileges before being searched.
b) Clothing and other things requested should be examined for weapons
or items of evidence before turning them over to the subject.
c. Duty of arresting officer (Sec. 3) – It shall be 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.
1) The person arrested, with or without warrant, shall be informed of his
constitutional rights to remain silent and that any statement he might make could be
used against him. He shall have the right to communicate with his lawyer or his
immediate family. It shall be the responsibility of the arresting officer to see to it that this
is accomplished.
2) A person arrested without a warrant shall be immediately brought to the
proper police station for investigation without necessary delay and within the time
prescribed in Art. 125 of the Revised Penal Code, as amended (i.e. 12, 18, or 36, as the
case may be), shall subjected to inquest proceedings under Section 7, Rule 112 of the
2000 Rules of Criminal Procedure.
3) 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 (incommunicado) or other
forms of detention are prohibited.
4) If the person arrested without a warrant waives his right under the
provisions of Article 125 of the Revised Penal Code, the arresting officer shall ensure he
signs a waiver of detention in the presence of his counsel of choice. If the person
arrested waives his right against self-incrimination and opts to give his statement, the
arresting officer shall ensure that the waiver be made in writing and signed by the
person arrested in the presence of counsel of his own choice or a competent and
independent counsel provided by the government.
5) When transporting the suspect/s to the police station, be sure that no
weapon/s are retained on their persons that could be used against the arresting officer,
regardless if the person arrested is a noted criminal or not. It is also a must that the
arrested person/s be handcuffed to prevent violence.
d. Execution of warrant. (Sec. 4) – 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.
e. Arrest without warrant; when lawful (Sec. 5) – 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; and
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 is temporarily
confined while his case is pending, or has escaped while being transferred from one
confinement to another.
In cases falling under paragraphs (1) and (2) above, the person arrested
without a warrant shall be forthwith delivered to the nearest police station or jail and
shall be proceeded against in accordance with section 7 of Rule 112.
f. Time of making arrest (Sec. 6) – An arrest may be made on any day and at
any time of the day or night.
g. Method of arrest by officer by virtue of warrant. (Sec.7) – When making
an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the
cause of the arrest and the fact that a warrant has been issued for his arrest, except
when he flees or forcibly resists before the officer has opportunity to so inform him, or
when the giving of such information will imperil the arrest. The officer need not have the
warrant in his possession at the time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as practicable.
h. Method of arrest by officer without warrant (Sec. 8) – When making an
arrest without a warrant, the officer shall inform the person to be arrested of his
authority and the cause of the arrest, unless the latter is either engaged in the
commission of an offense, is pursued immediately after its commission, has escaped,
flees, or forcibly resists before the officer has opportunity to so inform him, or when the
giving of such information will imperil the arrest.
I. Method of arrest by private person (Sec. 9) – 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.
j. Officer may summon assistance (Sec.10) – An officer making a lawful arrest
may orally summon as many persons as he deems necessary to assist him in effecting
the arrest. Every person so summoned by an officer shall assist him in effecting the
arrest when he can render such assistance without detriment to himself.
 k. Right of officer to break into building or enclosure (Sec.11) – An officer,
in order to make an arrest either by virtue of a warrant, or without a warrant as provided
in section 5, may break into any 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.
l. Right to break out from building or enclosure (Sec. 12) – Whenever an
officer has entered the building or enclosure in accordance with the preceding section,
he may break out there from when necessary to liberate himself.
m. Arrest after escape or rescue (Sec. 13) – 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.
n. Right of attorney or relative to visit person arrested (Sec. 14) – Any
member of the Philippine Bar shall, at the request of the person arrested or of 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, a relative of the person arrested can also exercise the same right.
o. Arrest of Minors (RA 9344 Juvenile Justice Act of 2005) - If it has been
determined that the child taken into custody is fifteen (15) years old or below, the
authority which will have an initial contact with the child has the duty to immediately
release the child to the custody of his/her parents or guardian, or in the absence
thereof, the child’s nearest relative. Said authority shall give notice to the local social
welfare and development officer. If the parents, guardians’ or nearest relatives cannot
be located, or if they refuse to take custody, the child may be released to any of the
following;

1) Duly registered non-government and religious organization.

2) A barangay official or a member of the Barangay Council for the
Protection of Children (BCPC).
3) A local social welfare and development officer.
4) Department of Social Welfare and Development.
p. Detention and Bodily Search of Minor – A child in conflict with the law shall
only be searched by a law enforcement officer of the same gender and shall not be
locked up in a detention cell. However, if detention is necessary, the arresting officer
shall ensure that the child shall be secured in quarters separate from that of the
opposite sex and adult offenders.

2. SEARCH AND SEIZURE

a. Search – an 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.

b. Seizure – is the confiscation of personal property by virtue of a search

warrant issued for the purpose.
c. Search warrant defined (Sec.1) – 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.
d. Court where application for search warrant shall be filed (Sec.2) – 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 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.
e. Application of Search Warrant – All applications for search warrant shall be
approved for filing by 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.

f. Personal property to be seized (Sec.3) – A search warrant may be issued

for the search and seizure of personal property:
1) Subject of the offense;
2) Stolen or embezzled and other proceeds, or fruits of the offense;
3) Used or intended to be used as the means of committing an offense.
g. Requisites for issuing search warrant (Sec.4) – A search warrant shall not
be issued except 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 witness he may produce, and particularly describing the place to
be searched and the things to be seized which may be anywhere in the Philippines.
h. Examination of complainant record (Sec.5) – The judge must, before
issuing the warrant, personally examine in the form of searching questions and
answers, in writing and under oath, the complainant and the witnesses he may produce
on facts personally known to them and attach to the record their sworn statements,
together with the affidavits submitted.
i. Issuance and form of search warrant (Sec.6) – If the judge is satisfied of
the existence of facts upon which the application is based or that there is probable
cause to believe that they exist, he shall issue the warrant, which must be substantially
in the form prescribed by these Rules.
j. Right to break door or window to effect search (Sec.7) – The officer, if
refused admittance to the place of directed search after giving notice of his purpose and
authority, may break open any outer or inner door or window of a house or any part of a
house or anything therein to execute the warrant to liberate himself or any person
lawfully aiding him when unlawfully detained therein.
k. Search of house, room, or premises to be made in presence of two
witnesses (Sec.8) – No search of a house, room, or any other premises shall be made
except in the presence of the lawful occupant thereof or any member of his family or in
the absence of the latter, two witnesses of sufficient age and discretion residing in the
same locality.
l. Time of making search (Sec.9) – The warrant must direct that it be served in
the daytime, 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.
m. Validity of search warrant (Sec.10) – A search warrant shall be valid for ten
(10) days from its date. 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 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.
n. Receipt for the property seized (Sec. 11) – The officer seizing the property
under the warrant must give a detailed receipt for the same to the lawful occupant of the
premises in whose presence the search and seizure was made, or in the absence of
such occupant, must, in the presence of at least two witnesses of sufficient age and
discretion residing in the same locality, leave a receipt in the place in which he found
the seized property.
o. Delivery of property and inventory thereof to court; return and
proceedings thereon (Sec.12)
1) The officer must forthwith deliver the property seized to the judge who
issued the warrant, together with a true inventory thereof duly verified under oath.
2) Ten (10) days after issuance of the search warrant, the issuing judge shall
ascertain if the return has been made, and if none, shall summon the person to whom
the warrant was issued and require him to explain why no return was made. If the return
has been made, the judge shall ascertain whether section 11 of this Rule has been
complied with and shall require that the property seized be delivered to him. The judge
shall see to it that subsection (a) hereof has been complied with.
3) The return of the search warrant shall be filed and kept by the custodian of
the log book on search warrants who shall enter therein the date of the return, the
result, and other actions of the judge. A violation of this section shall constitute
contempt of court.
p. Search incident to lawful arrest (Sec.13) – A person lawfully arrested may
be searched for dangerous weapons or anything which may have been used or
constitute proof in the commission of an offense without a search warrant.
q. Motion to quash a search warrant or to suppress evidence; where to file
(Sec.14) – A motion to quash a search warrant and/or to suppress evidence obtained
thereby may be filed in and acted upon only by the court where the action has been
instituted. If no criminal action has been instituted, the motion may be filed in and
resolved by the court that issued search warrant. However, if such court failed to
resolve the motion and a criminal case is subsequently filed in another court, the motion
shall be resolved by the latter court.
r. Lawful Warrantless Searches and Seizures (Sec 9 Rule 17 POP) –
Warrantless Searches & Seizures are lawful under any of the following circumstances:
1) When there is consent or waiver. To be a valid waiver, the rights must
exist, the owner must be aware of such right, and he must have the intention to
relinquish it.
2) When evidence to be seized is in “plain view”. The discovery of this
evidence must be inadvertent or unintentional.
3) Custom search and searches made at airports/seaports in order to collect
duties. This warrantless search is allowed due to urgency.
4) Search on moving vehicles can be made without a warrant because it
would be impracticable to secure a warrant before engaging in “hot pursuit”.
5) Routine searches made at or in the interest of national security, such as
border checks or checkpoints.
 6) Stop-and-search or stop-and-frisk, where the search precedes the arrest,
and is allowed on the grounds of reasonable suspicions.
7) Search incidental to a lawful arrest. A person lawfully arrested my be
searched for dangerous weapons or anything which may be used as proof of the
omission of an offense, without a search warrant.
8) It should be noted that the arrest must precede the search. The search is
limited to body search and to that point within reach or control of the person arrested, or
that which may furnish him with the means of committing violence or of escaping or
search for evidence to destroy it.
Search of Vessels – Search of vessels and aircrafts because of their
mobility and the relative ease in fleeing the state’s jurisdiction.
9) Emergency or Exigent Circumstances – A search could be validly
dispensed with in cases of exigent or emergency situations, and the police officers have
reasonable grounds to believe that the crime was being committed, and they have no
opportunity to apply for search warrant from the courts because the latter were closed.

SUMMARY:
Discussed during the session were definition of terms; Arrest, Search, Seizure,
Warrant of Arrest and Search Warrant and other related matter pertaining to the herein
topics.

After the session, participants will be given examination and will perform practical
exercises on the application of Search Warrants and on how to take questions and
answers affidavit to ensure thorough understanding of the investigation procedure.