ARREST, SEARCH AND

SEIZURES
CHAPTER 4
Learning Objectives
After the completion of this module the students would be able to:
1. To distinguish the meaning of Arrest and who are exempted fro m arrest.
2. To recognize the techniques of making an arrest and the proper conduct of
arresting officer making such arrest.
3. To internalize the proper procedure of arrest on the street and the medical
examination after the arrest as well as the special rules of arrest.
4. To elucidate the life span of the warrant of arrest, when arrest
may be legally effected and planning the arrest and the right of the lawyer and
relatives to visit the arrested person in jail.
5. To determine government agencies responsible in executing the arrest.
6. To recognize the lawful warrantless search, search for person
arrested and further discuss the different types of body search.
7. To distinguish the meaning of Search, Seizures, and why search and seizures is
important.
8. To recognize what are the search and seizure operation and search order.
9. To assess the items seized during the conduct of police operation.
10. To differentiate the life span of Search Warrant vs. Warrant of Arrest.
11. To determine the legal definitions of Search Warrant and for
implementation against personal property.
12. To dis cuss whether or not article or it e m not specified in search warrant be
seized.
13. To identify the validity of Search Warrant.
14. To explain the rules on search and seizures.
Introduction
Initiating police operations is very dangerous, it requires action in
order to put all the member of the team safe and aw any harm. Likewise
ensure that the mission is completely and effectively carryout with
positive results.
Operations frequently bring about citizen-police encounters making
arrests, search and seizures, operating checkpoints, manage rallies and
demonstrations, and implementing demolition order injunctions and
other similar orders.
Arrest, defined.
Arrest is the taking of a person into custody in order that he m be bound to answer for
the commission of an offense. An arrest made by an actual restraint of the person to be
arrested, or by: submission to the custody of the person making the arrest. (Section 1-2, Rule
113, Rules of Court [RC])
Thus, an arrested person is a person taken into custody under investigation to answer
for the commission of an orensel DIDM Investigative Directive No. 2015-05)
Who are Exempt from Arrest?
1. A senator or member of the House of Representative shall all offenses punishable
by not more thar imprisonment be privileged from arrest while the comb session.
(Section 11 Article VI 1987 Constitution)
Exception: Immunity from arrest is not enjoyed by been convicted. Members of Congress
are no detention of the crime. They may be arrested house is in session, for the crime
punishable by more than six months. (People vs Jalosjos G February 3, 2000)
2. Any ambassador or public minister of any foreign stall authorized and received as
such by the Philippines, or and domestic or domestic servant of such ambassador or minister.
(Section 4,Republic Act No.75)
Exemption: The provision of the above section shall not apply where:
a. It is founded upon the debt contracted before the citizen or inhabitant of the Republic of
the Philippines, in the service of an ambassador or a public minister entered upon such
service.
b. b. His name as a domestic servant of an ambassador or a public minister has not been
registered in the Department of Foreign Affairs and transmitted by the Secretary of
Foreign Affairs to the Chief of Police. (Section 5,Republic Act No. 75)

Types of Arrest
1. Arrest by Virtue of Warrant of Arrest - General Rule no peace officer or person has
the power or authority to arrest anyone without warrant of arrest.
2. Warrantless Arrest also known as "Citizen's Arrest" - The warrantless arrest may
be made not only by a peace officer but also by a private person. When the latter makes
the arrest under circumstances provided for under the Rules, the arrest is called "citizen's
arrest." When a private person makes an arrest, he shall inform the person to be arrested
not of his authority to arrest, but of his intention to arrest him and the cause of his arrest.
A peace officer or a private person may, without a warrant, arrest a person:
a. When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense (in flagrante delicto).
b. When an offense has in fact been committed, and he has probable cause to believe
based on personal knowledge of fact and circumstance that the person to be arrested
committed it (hot pursuit arrest).
c. When the person to be arrested is a prisoner who has been 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 confinement to
another. (Sec. 5,Rule 113,Rules of Court)
d. Where a person lawfully arrested escapes or is rescued, and person may immediately
pursue or retake him without warrant at any time and in any place within the country.
The pursuit must be immediate. (Sec. 13, Rule 113, Rules of Court)
e. The arrest is made by the bondsman for the purpose surrendering the accused.
(Sec 23,Rule 114,Ibid)
f. Where the accused attempts to leave the country with permission of the court.
(Sec. 23, Rule 114, Ibid)

General Guideline of Arrest

1. All arrest should be made only on the basis of a valid Warrant Arrest (WA) issued by a
competent authority, except in instant where the law allows warrantless arrest.
2. No violence or unnecessary force shall be used in making arrest, and the person to be
arrested shall not be subjected to greater restraint than what is necessary under the
circumstances.
3. As a general rule, arrest can be made on any day of the week at any time of the day or
night.
4. Only judges are authorized to issue Warrant of Arrest.
5. A Warrant of Arrest is no longer needed if the accused is already under detention. An
Order of Commitment is issued by the jiug in lieu of the Warrant of Arrest. (Rule 13.1,
Revised P Operational Procedure Manual 2013)
 Authority Given to the Arresting Officer when Making an Arrest
1.Police 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.
2.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 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.
3.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.
4. 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. (Rule 13.4,Revised PNP Operational Procedure Manual 2013)
Duties of the Arresting Officer
1. It shall be the duty of the police officer implementing the Warrant of Arrest to deliver the
arrested person without delay to the nearest Police Station or jail to record the fact of the
arrest;
2. At the time of the arrest, it shall be the duty of the arresting officer to inform the person
arrested of the cause of the arrest and the fact that a warrant had been issued for his
arrest. The arresting 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 possible;
3. When women or children are among the arrested suspect/s, the arresting officer shall task
the Women and Children Protection Desk (WCPD) officer or a policewoman who is familiar
with women and children protection desk duties to conduct the pat-down search
4. In case of arrest without a warrant, it shall be the duty arresting officer to inform the
person to be arrested authority and the cause of the arrest except when he feels forcibly
resists before the arresting officer has the opportunity inform him or when the giving of
such information will impend the arrest;
5. The person arrested, with or without warrant, shall be informed of his constitutional
rights to remain silent and that any state he makes could be used against him. Also, that he
has the right communicate with his lawyer or his immediate family and right to physical
examination;
6. A person arrested without a warrant shall be immediately brought to the proper Police
Station for investigation with unnecessary delay. He shall be subjected to inquest
proceeding within the time prescribed in Art. 125 of the Revised Penal Code (RPC);
7. No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against an arrest person. The bringing of arrested persons to secret
detention places, solitary confinement and the like is prohibited;
8. If the person arrested without a warrant waives his right until the provisions of Art. 125 of
the RPC, the arresting officer should ensure that the former signs a waiver of detention in
the presence of his counsel of choice; and
9. If the person arrested waives his right against self-incrimination and opts to give his
statement, the arresting officer shall ensure that the waiver is made in writing and signed by
the person arrested in the presence of a counsel of his own choice or competent and
independent counsel Provided by the govern (Rule 13.6, Revised PNP Operational Procedure
Manual 2013)
Medical Examination of Arrested Person/Suspect
Before interrogation, the person arrested shall have the right to be informed of his right to
demand physical examination by independent and competent doctor of his own choice. If he
cannot afford the services of a doctor of his own choice, he shall be provided by the State with
a competent and independent doctor to conduct physical examination. If the person arrested is
a female, she shall be attended to preferably by a female doctor. (Rule 13.7,Ibid)
Immediately after the arrest of a person ordered arrested by the court, or a suspect under
investigation, he should be subjected to a medical examination. Prior to his release or any
change of custody, the suspect should also be medically examined by a medico-legal officer or,
in the absence of such medico-legal officer, by any government physician in the area.
Procedures in Serving Warrant of Arrest
1. Verify the validity of the warrant and request for an authenticated copy from the issuing
court;
2. In serving the warrant, the police officer should introduce himself and show proper
identification;
3. Make a manifestation of authority against the person to be arrested;
4. If refused entry, the police officer may break into any residence, office, building, and other
structure where the person to be arrested is in or is reasonably believed to be in, after announcing
his purpose;
5. The police officer need notUXhave 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 the arrested person as soon as
possible; Feature Set
6. Secure the person to be arrested and used handcuffs for the protection of the arresting officer,
other individuals or the arrested person himself;
Value Proposition
7. Conduct thorough search for weapons and other illegal materials on the person arrested and
surroundings within his immediate control;
8. Inform the person to Product-Market
be arrested ofFithis rights under the law;
9. No unnecessary force shall be used in making an arrest;
10. Confiscated evidence shall be properly documented with the chain custody of evidence duly and
Underserved Needs
clearly established;
11. Bring the arrested person to the Police Station for documentation;
12. Make a Return of Warrant to the court of origin; and
Target Customer
13. Deliver the arrested person to jail/prison upon the issuance commitment order of the court.
(Rule 13.5,lbid)
Procedures in Effecting Warrantless Arrest
1. Freeze or restrain the suspect/s;
2. Make proper introduction as to identify and authority to arrest
3. Inform the arrested person of the circumstances of his arrest and recite the Miranda
Warning and Anti-torture Warning to him;
4. Secure the person to be arrested and use handcuffs fort protection of the arresting officer,
other individuals or t arrested person himself;
5. Conduct thorough search for weapons and other illegal material on the person arrested and
surroundings within his immediately : control;
6. Confiscated evidence shall be properly documented with the chain of custody of evidence
duly and clearly established;
7. No unnecessary force shall be used in making an arrest; and
8. Bring the arrested person to the Police Station for further investigation and disposition.
(Rule 13.5, Ibid)
Rights of a Person Arrested, and the Responsibilities and Author of a Police Officer
during Arrest
When the law violator is arrested, the arresting officer has ' responsibility to ensure that
his rights is being protected a respected, according to Republic Act 7438.
1. The arresting officer has the responsibility of informing arrested person of the reason for his
arrest in a language knowable to him.
2. The arrested person may require the arresting officer to show the Warrant of Arrest.
3. The arresting officer should inform the arrested person of constitutional right to remain
silent and that any statement! makes could be used for or against him in any court of the
law;
4. That the arrested person have the right to counsel of his o choice. If the accused cannot
afford to hire a lawyer, government shall be provided to assist the arrested person; d that
the arresting officer should ask the accused if he understand those rights. You have the right
to communicate with your lawyer or your immediate family. It is the responsibility of the
arresting officer to see to it that these are accomplished.
5. The arresting officer has the responsibility to ensure that warrants of arrest are properly
served and he is vested with certain authority to enable him to accomplish the task.
Arrested Without Warrant
If a person is arrested without a warrant, he will be immediately brought to the proper
police station and kept there for not more than 12 hours for crimes or offenses punishable by
light penalties:18 hours for crimes or offenses punishable by correctional penalties; and 36
hours for crimes or offenses punishable by capital penalties.
The arrested person must undergo inquest proceedings in accordance with Section 7, Rule
112 of the 2000 Rules of Criminal Procedure. The accused shall not be subjected to torture,
force. violence, threat, intimidation, or any other means which vitiate the free will and shall not
be brought to secret detention places, solitary confinement (incommunicado) or other forms of
detention.
If the accused have been arrested without a warrant and he waive his right under the
provisions of Article 125 of the Revised Penal Code, the arresting officer shall ensure that he
sign a waiver of detention in the presence of the counsel of his choice.
If he waives his right against self-incrimination and decide to give his statement, the
arresting officer shall ensure that the waiver be made in writing and signed by him in the
presence of a counsel of his own choice or a competent and independent counsel provided by
the government.
 Immediately after the arrest, the arrested person subjected to a physical examination by a
medico-legal officer or, in the absence of such medico-legal officer, by any government
physician in the area. Prior to your release or any change of custody, you will also be physically
examined.

Planning the Arrest

1. The responsibility of the chief of the unit or team leader.
2. If the arresting team is composed of two (2) or more member, somebody will act as in
charged with the operation, the m senior among the group.
3. Consider the arresting party and the perimeter security.
4. Consider the protection of innocent by stander.
5. Prevent the escape of the target.
6. Make a secret surveillance or casing the area.
7. Determine the needed weapon and equipment.
8. Considered superiority of manpower and firepower.
9. Devise a simple plan easily understood by the operating team.
10. Consider the element of surprise (dawn attack).
11. Consider the swift execution of the scheme.
12. Consider overall coordination .
13. During the briefing, ask the team if there is question on the plan
14. Who may Execute Arrest.
15. Among other Law enforcement Agency, members of the police and NBI may effect
arrests.
16. Right of Attorney or relative to visit person Arrested
17. Any member of the Philippine Bar shall be at the request oft person arrested or of
another acting on his behalf have the right to visit and confer privately with the arrested
person in subject for reasonable regulations. The relatives can also exercise the same right.
(Section 14 Rule 113)
Techniques in Making Arrest
Enumerated hereunder are some of the guidelines to be follow in making an arrest, to wit:
1. Initial Contact with the Subject
a) Police officer identifies in a clear and audible voice and short identification.
b) Inform the subject that he is under arrest, and immediately narrate the subject's
constitutional rights.
2. Conduct of Arresting Officer
a. Be natural and pleasant but forceful and aggressive.
b. Dominate the situation.
c. Voice must have command authority.
d. Demand prompt and absolute obedience.
e. Nervousness should be controlled.
f. Avoid profanity, this reflects personality weakness.
g. Avoid acting "tough" as the subject will be the first to detect it.
h. Avoid being reticent or apologetic.
i. Avoid unnecessary conversation.
j. Officer-in-charge does the talking and gives the command.

Demeanor of Police Officer Making the Arrest

The following are some demeanor and actuation to be adhered by police officer in making
arrest to wit:
1. Use good judgment in connection with the arrest.
2. Assume that the subject is armed and will take your life if given an opportunity.
Procedure of Arrest on the Street
Enumerated hereunder are the procedures to be followed during arrest on the street:
1. This should be made from the side or rear when possible.
2. Subject should be forced toward a building.
3. Avoid congested areas when possible.

Special Rules in Arrest

4. All arrest shall be effected pursuant to Rule 113 of the Rules on Criminal Procedures, as
amended.
5. Warrant of Arrest shall remain effective until the accused/respondent is arrested or the case
against him is terminated. It shall also cease to be effective upon released of the accused on
bail.
6. If the accused/respondent is not arrested within ten (10) days from receipt of the warrant of
arrest of the office, unit or station concerned thru the service thereof, a report shall be
submitted to the court of origin within ten (10) days following the expiration the original ten-
day validity. The unexecuted original copy of warrant may be machine copied and furnished 15
other enforcement agencies, in the area where accused/respondents may be found.
4. A peace officer or a private person may arrest a person with warrant when in his presence the
person to be arrested! committed, is actually committing, or is about to commit offense; or he
has personal knowledge of the facts indicating the person to be arrested is the one who has
committed: offense, or is a prisoner who has escaped from per establishment or place where he
is serving final judgment temporarily confined while his case is pending or has escape while being
transferred from one confinement or another.
5. In all instances of arrest, the arresting peace officer or private person shall inform the person
to be arrested of the intention arrest him, and the cause for the arrest, unless the person to be
arrested is then engaged in the commission of an offense or pursued immediately after its
commission or after an escape flees or forcibly resists before the officer or the person making"
arrest has opportunity to inform him, or when the giving of sufficient information will imperil the
arrest.
6. In the case of motorized suspect to be arrested, the siren al megaphone shall be used to warn
the occupants to park the vehicle and give-up peacefully. The arresting officer shall approach the
person on foot with proper back-up from companions. The driver and other suspects shall be
requested! get out of the car with both hands visible to the apprehender officer. If the situation
warrants the arrest, the apprehend suspects shall be brought to the police station for further
investigation.
Life of a Warrant of Arrest
A warrant of Arrest does not become stale or functus oficio unlike search warrant which is
valid for ten (10) days. A warrant of arrest remains valid until arrest is effected or the warrant
lifted. (Manager vs CFI, G.R No. 82760, August 30, 1990, 189 SCRA 217)
The head of the office to whom the warrant of arrest has been delivered for
implementation shall cause the warrant to be implemented within ten (10) days from receipt.
Within ten (10) days after the expiration of such period, the police officer to whom it was
assigned for implementation shall make a report to the judge who issued the warrant and in case
of his failure to implement the same. shall state the reasons thereof. (Rule 13.2,Revised PNP
Operational Procedure Manual 2013)

SEARCH AND SEIZURE

Introduction
Search and seizure is a method used in many civil law and common law legal systems by which
police officer and its personnel or other law enforcement agencies suspecting that a crime has
been committed, can start a search of a person's property and confiscate any significant
evidence found in connection to the crime. Some countries have certain laws and decrees in
their constitutions that offer the public with the right to be free from "unreasonable searches
and seizures". This right is generally based on the premise that everyone is entitled to a
reasonable right to privacy.
An unreasonable search and seizure is unconstitutional as it violates the law and the
gathered evidence from the unlawful search may not be introduced in court. As evidence or
referred to as fruit of the poisonous tree. The Supreme Court held that exclusionary rule
applies to evidence gained from an unreasonable search and seizure. (Mapp v. Ohio,347
U.S.643 (1961)
Nevertheless precise interpretation and understanding may differ; this right can often
entail law enforcement to gather a search warrant or consent of the owner before engaging in
any form of search and seizure.

Search and Seizure, defined.

Search is an examination of an individual person, house or effects, or other buildings and
premises to discover contrabands or some evidence of guilt to be used in the prosecution of a
criminal action. In criminal law, search means examination of a person's belongings or property
or other area which the person would reasonably expected to consider as private by a law
 Seizure means forcible possession; a grasping, snatching putting in possession. In Criminal
Law, a seizure is the forcible tab of property by a government law enforcement official from a
person who is suspected of violating, or is known to have violated, the law.
Why Search and Seizures is Important
Search and seizure is the activity or practices engaged in by law enforcement officers in
order to gain sufficient evidence to ensure the arrest and conviction of an offender. This allows
police and other law enforcement agents in carrying out searches and seizures sped area and
location.
Constitutional Safeguards Against Unreasonable Searches a Seizures
Section 2, Article III of the 1987 Constitution which applies both Filipinos and foreigners alike,
explicitly provides –
"Sec. 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things to be seaized.”
Constitutional Requirements and Rules in the Issuance of Arrest and Search Warrant
All judges are enjoined to strictly observe the constitution requirements and rules in the
issuance of warrants, to wit:
1. In the issuance of warrant of arrest, the judge shall determine the existence of probable cause. What the
law requires as personal determination on the part of a judge is that he should not rely solely on the
report of the investigating prosecutor. This means that the judge should consider not only the report of
the investigating prosecutor but also the affidavit and the documentary evidence of the parties, the
counter-affidavit of the accused and his witnesses, as well as the transcript of stegnographic notes taken
during the preliminary investigation, if any, submitted to the court. As long as the evidence presented
shows a prima facie case against the accused, the trial court judge has sufficient ground to issue a
warrant of arrest.
2. In such instances, the judge has the option either: to issue the warrant of arrest if there is necessity to
place the accused under custody, to refuse to issue the warrant if there is no probable cause, or, to order
the prosecutor to present additional evidence in case of doubt.
3. In the issuance of search and seizure warrants, the judge must personally examine the complainant and
his witnesses under oath or affirmation, in the form of searching questions and answers. The personal
examination must not be merely routinary or pro porma but must be probing and exhaustive.
4. The judge shall require a particular description of the place to the searched and of the
persons or things to be seaized. A designation or description that points out the place to be
search to the exclusion of all others, and on inquiry unerringly leads the peace officer to it,
satisfies the constitutional requirement of definiteness.
5. The heads of the National Bureau of Investigation(NBI),the Philippine National Police
(PNP), the Anti-Crime Task Force (ACTAF) and the Philippine Drug Enforcement Agency(PDEA)
shall personally endorse (or authorize) all applications for search warrants involving heinous
crimes, illegal gambling, illegal possession of firearms and ammunitions as well as violations
of the Comprehensive Dangerous Drugs Act of 2002, the Intellectual Property Code, the Anti-
Money Laundering Act of 2001,the Tariff and Customs Code, as amended, and other relevant
laws that may hereafter be enacted by Congress, and included by the Supreme Court, for the
search of the places to be particularly describe therein, and the seizure of property or things
as prescribed Rule 126 of the Rules of Court, and to issue the warrant justified.
6. The authorized judges shall keep a special docket book listing details of the applications
and the results of the search: seizures made pursuant to the warrants issued. (Office of: Court
Administrator (OCA) Circular No. 40-2016 dated February 2016)
Search Warrant, defined.
Search Warrant is an order in writing issued in the name oft People of the Philippines, signed by a
judge and directed to a pea officer, commanding him to search for personal property describe therein and
bring it before the court. (Sec. 1, Rule 126, Rules of Court)

Requisites of A Valid Search Warrant

To validly issue a search warrant, the following requisites must be present:
1. There must be a probable cause - which means such facts a circumstances which could lead to a
reasonably discreet a prudent man to believe that an offense has been committed a that the objects
sought in connection with the offense are int place sought to be searched (Abuan vs. People, G.R No.
1687 October 27,2006,505 SCRA 822).
2. The probable cause must be determined primarily by the issued Judge himself and not by the
applicant or any other person.
3. The Judge must personally examine the complainant and y witness or witnesses produced on the facts
personally known them, in the form of searching questions and answers in written and under oath.
4. The probable cause must be in connection with one sped offense.
5. The place to be search must be particularly described in the warrant as well as the things to be seized.
6. The sworn statements together with the affidavits submitted by the witnesses must be attached to the
records. (Pineda, pp. 586-587)
What is Probable Cause?
Probable Cause refers to the sufficient reason based upon known facts to believe that a crime
has been committed or that certain property is connected with a crime. Probable cause must exist for
a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize
property in the belief the items were evidence of a crime.
Probable cause is often subjective, but if the police officer's belief or even hunch was correct,
finding stolen goods, the hidden weapon or drugs may be claimed as self-fulfilling proof of probable
cause. Technically, probable cause has to exist prior to arrest, search or seizure.

Description of Place to be Seized

It does not suffice, for a search warrant to be deemed valid, that it be based on probable cause
and personally determined by the judge. It is essential, too, that it particularly describes the place to
be searched, the manifest intention being that the search be confined strictly to the place also
described.
The principle does not apply where there is no ambiguity on the face of the search warrant as to
the description of the place to be searched. The place to be searched as set out in the warrant
cannot be amplified or modified by the officer's own personal knowledge of the premises, or the
evidence they adduced in support of their application for the warrant. The particularization of the
of the place to be searched may properly be done only by the judge, and only in the Warrant itself;
it cannot be left to the discretion of the police officers conducting the search. (Benchbook for
Philippine Trial Courts /Revised and Expanded] Volume Two, pp.J-94-95)

Personal Property to be Seized

The following properties may be the object of a Search Warrant:
1. Properties which are the subject of the offense;
2. Stolen, embezzled proceeds, or fruits of the offense;
3. Objects including weapons, equipment, and other items us intended to be used as the means
of committing an offense;
4. 3Objects that are illegal per se, even if not particularly describ the Search Warrant, may be
seized under the plain view doct (Rule 14.1, Revised PNP Operational Procedure 2013)

Validity of Search Warrant

5. The warrant shall be valid for 10 days from date of issuance may be served at any day within
the said period. Thereafter shall be void.
6. If, in the implementation of the SW, its object or purpose can be accomplished in one day, the
search can be continued following day, or days, until completed, provided it is still wit the 10-
days validity period of the SW.
3. If the object or purpose of the SW cannot be accomplished with the 10-day validity period, the
responsible police of conducting the search must file, before the issuing court application for the extension
of the validity period of said! (Rule 14.2,lbid)

Time of Making Search

Section 9, Rule 126 of the Rules of Court provides the warrant that direct that it be served in daytime,
unless the affidavit asserted that the property is on the person or in the place ordered to be search, in
which case a direction may ne inserted that it be served at any time of the day or night. Daytime does not
begin at sunrise and end at sunset. It includes dawn and twilight. Daytime should be the time before
darkness set in, which may be before 6:00 o'clock in beyond or six o’clock past meridian depending on the
particular day involved (Pineda, p.619)

Applications for Search Warrant

All applications for Search Warrant shall be approved for filing by the Chief of Office. The application shall
indicate the following data:
1. Office applying for the search warrant; 4. Address/place(s) to be searched;
2. Name of officer-applicant; 5. Specific statement of things/articles to be seized; and
3. Name of the subject, if known; 6. Sketch of the place to be searched.
Authority of Police Officers when Conducting Search
In the conduct of search, if after giving notice of his purpose and authority, the police officer is
refused admittance to the place of search, he may break open any outer or inner door or window or
any part of a house or anything therein to implement the warrant or liberate himself or any person
lawfully aiding him when unlawfully detained therein. (Rule 14.5, Revised PNP Operational
Procedure 2013)
The officer implementing the warrant, cannot just go to the place to be searched and
unceremoniously start breaking doors and windows to effect the search. The Rule allows him to
break door, etc. only if after having given notice of his purpose and authority to the person or
persons who are in control of the place he was refused admittance, that he may resort to the
breaking. He may also exercise such right if he was unlawfully detained or confined in the place, in
order to free himself or to free any person lawfully aiding him when unlawfully detained therein.
However, if there is no person in charge of the building or premises, the notice required in the
rule is dispensable. The law will not require the undoable. Before breaking boxes or trunks, the
officer must demand the keys to avoid unnecessary destruction of things. If there was refusal, the
lock may be forced open. If there is no person upon whom the demand could be made, a waiver is
considered on the part of the owner or custodian. (Pineda, p. 612 citing 1 Wharton, Criminal
Procedure,10th Ed,93;Clark's Criminal Procedure,70)
Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant
1. Houses, rooms, or other premises shall not be searched except the presence of the lawful occupant
thereof or any member of family or, in the absence of the latter, in the presence of two witnesses of
sufficient age and discretion residing in the locality.
2. Lawful personal properties, papers, and other valuables : specifically indicated or particularly
described in the sea warrant shall not be taken. (Rule 14.6, Revised PNP Operation Procedure 2013)

Inventory and Delivery of Property to the Court

3. The police officer who confiscates property under the warrant shall issue a detailed receipt of
property seized to the law occupant of the premises, or in the absence of such occupant, shall
do so in the presence of at least 2 witnesses of sufficient and discretion residing in the same
locality;
4. The receipt shall likewise include items seized under the Plain View Doctrine;
5. The police officer must then leave a receipt in the place in which he found the seized property
and a duplicate copy thereof with any barangay official having jurisdiction over the place
searched; and
6. The police officer must forthwith deliver the property seized the judge who issued the
warrant, together with an inventory thereof, duly verified under oath. (Rule 14.7,ibid)
Reasons for Inventory Searches
When the police take custody of property, the courts have upheld the right to inventory
such property for the following reasons:
1. To protect the owner's property. This obligation may be legal or moral, but the courts have
supported the police's responsibility to protect property taken into custody from
unauthorized interference.
2. To protect the police from disputes and claims that the property was stolen or damaged.
Proper inventory at the time of custody provides an accurate record of the condition of the
property at the time it was seized.
3. To protect the police and the public from danger. Custody of an automobile or a person
subjects the police to conditions that require searching the person or the vehicle for objects
such as bombs, chemicals, razor blades, weapons, and the like that may harm the officers or
the premises where the vehicle or person is taken.
4. To determine the owner's identity. Identifying the owner may be associated with
identifying the person under arrest, or it may help the police know to whom the property
may be released. (Bennett & Hess, Criminal Investigation, 3rd Ed.,pp.147-148)
VALID WARRANTLESS SEARCHES AND SEIZURES
1. 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,
without a search warrant. The warrantless search and seizure may extend beyond the person of the one
arrested to include the premises or surroundings under his immediate control.
2. Search of Moving Vehicles - If the police officers who will conduct the search had 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.
3. Seizure of Evidence in Plain View- Any object in the plain view is subject to seizure and may be
introduced as evidence. The plain view doctrine has been applied where a police officer is not searching
for evidence against the accused, but nonetheless inadvertently comes across an incriminating object.
4. When there is Waiver of the Right or there is Consent Search-To constitute a waiver of this constitutional
right must appear, first, that the right exists, second, that the person involved had knowledge, either
actual or constructive, of: existence of such right; and that said person had an act intention to relinquish
the right. Without a proper sea warrant, no public official has the right to enter the premises another
without his consent for the purpose of search seizure. It does not admit of doubt, therefore, that a search
seizure cannot be considered as unreasonable and thus offensive to the Constitution if consent is shown.
For this immunity fro unwarranted intrusion is a personal right which may be waiver either expressly or
implidly. (Lopez vs. Commission of Cust L-27968,Dec.3,1975)
5. Searches Under Stop and Frisk Rule - The police officer hast right to stop a citizen on the street,
interrogate him, and pat hi for weapons whenever he observes unusual conduct which convinces him that
a criminal activity exists.
Stop and Frisk is done when a police officer observes suspicious activity, which leads him to believe that
a crime is about to be committed. He can investigate the suspicious looking person al may frisk him for
weapons as a measure of self-protection. Should he find, however, a weapon on the suspect, which is
unlicensed he can be arrest such person for having committed an offense his presence.
6. 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 ground! believe that a crime was
being committed, and they have ! opportunity to apply for a search warrant from the courts because the
latter were closed.
7. Routine Searches at Boarders and Ports of Entry (Custom Searches)- Searches of automobiles at borders
or construction borders for violation of immigration and smuggling laws. Custom searches however are not
available in dwelling places. (Papa Mago,No.L-27360,February 28,1968)
8. Searches of Businesses in the Exercise of Visitorial Powers to Enforce Police Regulations - When the
search involves cases of inspection of building or other premises for enforcement of fire, sanitary and building
regulations.
9. 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.
SEARCH OF PERSONS ARRESTED
Guidelines in the Search of Persons Arrested
1. “Probe," do not “pat”, a female operative should be used to search female suspects.
2. The need to handcuff the subjects.
3. Do not stop the search when weapon is found.
4. Look for prohibited items or evidence.
5. Look for items which may be used to commit suicides.
6. Searches should never cross the line of fire.
7. Do not talk to the suspect while in the course of search.
8. Do not grant subject's request to attend something before, during or immediately after the search.
9. In a search by a single officer, have the gun ready with the gun at a distance from the subject.
10. Be sure to search every part of the body and clothing.

Types of Body Search and Procedures

Hereunder are the different types of body search to be observed, as follows:
11.Wall Search - The purpose is to place the subject in an "off-balance" position requiring the use of
both arms and legs to keep him from falling to the ground. This is the safest type of search. It does
not necessarily require a wall; any object that can support the weight of the subject can be used.
The Procedures
a. Require the subject to place both hands on the wall slightly higher than his waist. Spread hands as far as
possible. Palm should be placed against the wall, finger extended.
b. Extend the subject's feet back away from the wall. Spread them as far as possible, toes pointed out. Buttocks
should r be on an arch position.
c. The subject's head should be down or bowed at all times.
Follow the hereunder mechanics in executing the "Wall Search"
d. If there is only one (1) subject, the leader of the searching team should place himself at one side, while his
subordinate is on the other side.
e. To search the other side, the subordinate should move to t opposite side.
f. If there are two (2) or three (3) subjects, move one subject: be search on the wall, but out of reach of the
others.
g. Search both sides of subject, the leader conducting searches and the subordinate guarding the other subject.
h. Move one (1) subject at a time.
i. The subordinate should concentrate on the actions of t subject and not on the action of the leader.
j. When there are more than three (3) subjects, addition personnel should be summoned.
k. In serious apprehensions, the searcher should hold weapon in ready position all throughout the search.
l. The body must be search systematically with the foot of the researcher place tightly against the
subject's foot, right wit right, left with left, anklebone against anklebone.
m. Remove any object found, then examine the palm of the hand including between the fingers.
2. Standing Search
a. Raise subject's hand over his head and spread the feet as f' as possible.
b. This is not recommended because the subject is an "o balance" position.
3. Kneeling Search
c. Subject kneels on the ground with hand raised over his head.
d. This is also being discouraged for the same reason as the "standing search.“
4. Prone Search
e. Subject lies on his stomach with arms and legs outstretched.
f. Subject has both arms and legs free, and is at all times in an "on-balance" position.
g. Front part of the clothing cannot be searched.
h. This can be extremely dangerous if the subject has knowledge of judo.
Spot Check/Accosting and Pat-down Search, defined.
Spot Check/Accosting is the brief stopping of an individual, whether on foot or in a vehicle,
based on reasonable suspicion or probable cause, for the purpose of determining the
individual's identity and resolving the officer's suspicion concerning criminal activity. Pat-down
Search is a "frisk" or external feeling of the outer garment of an individual for weapons only.
 In a "stop and search" situation without a warrant at a military or police checkpoint, search and
seizure may be effected without being preceded by an arrest. (People vs. Exala,221 SCRA 494)
Grounds for Spot Check/Accosting
The police officer may stop an individual for the purpose of conducting a spot check/accosting
only when reasonable suspicion exists. Reasonable suspicion must be more than just a hunch or
feeling. In justifying she stop, the police officer must be able to point to specific facts that hen taken
together with rational inferences reasonably warrant the stop. Such facts include, but not limited to the
following:
1. The appearance or demeanor of the individual suggests that he is part of a criminal enterprise or is
engaged in a criminal act;
2. The actions of the individual suggest that he is engaged in a criminal activity;
3. Questionable presence of the individual in the area;
4. The subject is carrying a suspicious object;
5. The suspect's clothing bulges in a manner that suggests he carrying a weapon;
6. The suspect has been found in the time and place proximate to alleged crime;
7. The police officer has knowledge of the suspect's prior criminal record or involvement in criminal
activity; and
8. The individual flees at the sight of a police officer.
Grounds for Body Frisk/Pat-Down Search
A police officer has the right to perform a pat-down search if the individual has been
legitimately stopped with reasonable suspicion and when the police officer has reason to
believe that the individual possesses weapon/s on his person and poses a threat to the
police officer's or another person's safety. Circumstances which may justify pat-down
search:
1. The type of crime believed to be committed by the subject particularly crimes of
violence where the threat of use or use of deadly weapon is involved;
2. Where the police officer handles several suspects;
3. The time of the day and the location where the pat-down sear took place;
4. Prior knowledge by the police officer of the suspect's use of for and/or propensity to
carry deadly weapons;
5. The appearance and demeanor of the suspect;
6. Visual indications suggesting that the suspect is carrying firearm or other deadly
weapons; and
7. Whenever possible, pat-down searches should be performed! police officers of the
same gender.