Lesson 2.
10 Arrest Search and Seizure
ARREST, SEARCH and SEIZURE
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
LEARNING GOALS
The student will be refreshed, updated and
enhanced their knowledge in Arrest, Search
and Seizure which will be the ultimate
objective in investigation. A practical exercises
will be conducted especially on the arrest
technique, handcuffing technique, the
application of search warrant
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
LEARNING GOALS
To ensure a thorough understanding of
the investigation procedure.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
LEARNING OBJECTIVES
Discuss the Appraisal of Rights (Miranda
Doctrine)
Discuss the Grounds for Warrantless Arrest
Enumerate and Explain the Sections of
Rule 3 and 14 of POP
Discuss the application of Search Warrant
Discuss the warrantless Search
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
INTRODUCTION
The subject matter provides Knowledge
about Police Operational Procedures in
Appraisal of Rights most specially the
Miranda Doctrine, The Grounds for
warrantless Arrest, Service of Warrant,
Application of Search Warrant and the
Warrantless Search.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
APPRAISAL OF RIGHTS
(MIRANDA DOCTRINE)
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
Miranda Doctrine
You are arrested for the crime of
_________(or by virtue of Warrant of
Arrest, showing him the warrant as it
is practicable) You have the right to
remain silent. Any statement you make may
be used against you in any court
of law in the Philippines.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
Miranda Doctrine cont……..
You have the right to have a
competent and independent counsel
preferably of your own choice. If you
cannot afford the services of a counsel, the
government will provide you one. Do you
understand these rights?” states the
Miranda Warning.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
Miranda Doctrine cont……..
“You have the right to demand physical
examination by an independent and
competent doctor of your choice. If you
cannot afford the services of a doctor, the
state shall provide one for you” states
the Anti-Torture Warning.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
Miranda Doctrine (Tagalog)
Ikaw ay inaaresto sa salang _________ (o
sa pamamagitan ng kautusan ng pag- aresto,
ipakita ito kung nararapat). Ikaw ay may
Karapatang manahimik o magsawalang kibo.
Anuman ang iyong sabihin ay maaring gamitin
pabor o laban sa iyo sa anumang hukuman.
Ikaw ay mayroon Ding karapatang kumuha ng
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
Miranda Doctrine (Tagalog) cont…
tagapagtanggol na iyong pinili at kung wala
kang kakayahan, ito ay ipagkakaloob sa iyo
ng pamahalaan. Nauunawaan mo ba ito?
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
APPRAISAL OF RIGHTS
Miranda v. Arizona, 384 U.S.436 (1966), was
a landmark decision of the United States
Supreme Court. In a 5–4 majority, the Court held
that both inculpatory and exculpatory statements
made in response to interrogation by
a defendant in police custody will be admissible
at trial only.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
APPRAISAL OF RIGHTS
if the prosecution can show that the
defendant was informed of the right to
consult with an attorney before and during
questioning and of the right against self-incrimination
before police questioning, and that the defendant
not only understood these rights, but voluntarily
waived them.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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 lead to the dismissal of the case
against the suspect and filling administrative
case for the arresting Police Officer.
Criminal Investigation Course(CIC)
Lesson 2.10 Arrest Search and Seizure
GROUNDS FOR WARRANTLESS
ARREST
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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;
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
RULE 113 SECTION 5 OF THE REVISED
RULES OF THE CRIMINAL PROCEDURE
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. Where the accused released on bail attempts
to leave the country without court
permission;
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
RULE 113 SECTION 5 OF THE
REVISED RULES OF THE CRIMINAL
PROCEDURE
4. Violation of conditional pardon, punishable under
Article 159 of the Revised Penal Code as a case
of evasion of service of sentence;
5. Arrest following a Deportation Proceeding by the
Immigration Commissioner against illegal and
undesirable aliens.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
RULE 113 SECTION 5 OF THE REVISED
RULES OF THE CRIMINAL PROCEDURE
6. 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;
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
AUTHORITY OF THE ARRESTING
OFFICER WHEN MAKING AN
ARREST
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
RIGHT OF A POLICE OFFICER
TO BREAKINTO 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.
Criminal Investigation Course (CIC)
Lesson 2.9 Arrest Search and Seizure
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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;
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
PROCEDURES IN EFFECTING
WARRANTLESS ARREST
• Conduct thorough search for weapons and
other illegal materials;
• As a general rule, no unnecessary forces shall
be used in making an arrest;
• Confiscated evidence shall be properly
documented;
• Bring the arrested person to the Police Station
for further investigation and disposition.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
SERVICE OF WARRANT
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
SERVICE OF WARRANT
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
Criminal Investigation Course (CIC)
Lesson 2.9 Arrest Search and Seizure
SERVICE OF WARRANT
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
THE FOLLOWING ARE IMMUNE
FROM ARREST:
A Senator or Member of the House
of the
Representatives while Congress is in
session for an offense punishable by not
more than six years of imprisonment.
Diplomatic Agents, Under the Vienna
Convention on Diplomatic Relations.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
SERVING A WARRANT OF
ARREST
Verify the validity of the warrant and
request for an authenticated copy from the
issuing court;
Make a manifestation of authority against
the person to be arrested;
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
SERVING A WARRANT OF ARREST
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;
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
SERVING A WARRANT OF ARREST
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
the arrested person as soon as possible;
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
SERVING A WARRANT OF ARREST
Secure the person to be arrested and use
handcuffs for the protection of the arresting
officer, other individuals or the arrested
person himself;
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
SERVING A WARRANT OF ARREST
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 (i.e. Miranda Warning and Anti
torture Warning);
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
SERVING A WARRANT OF ARREST
No unnecessary force shall be used in
making an arrest;
Confiscated evidence shall be properly
documented with the chain of custody of
evidence duly and clearly established;
Bring the arrested person to the Police
Station for documentation;
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
SERVING A WARRANT OF
ARREST
Make a Return of Warrant to the court of
origin (Annex “B” - Return of Warrant
Form); and
Deliver the arrested person to jail/prison
upon the issuance of a commitment order
of the court.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
APPLICATION OF SEARCH
WARRANT
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest 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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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
affirmation of the complainant and the
witnesses presented. or
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
VALIDITY OF A SEARCH
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
VALIDITY OF A 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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
SAMPLE OF SEARCH
WARRANT
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
WARRANTLESS SEARCH
A search of someone's body or property
conducted by law enforcement personnel
without the issuance of a search warrant.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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,
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
VALID SEARCH AND SEIZURES
WITHOUT SEARCH WARRANT
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
VALID SEARCH AND SEIZURES
WITHOUT SEARCH WARRANT
● Search of moving vehicles
If the police officers who will conduct the
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
VALID SEARCH AND SEIZURES
WITHOUT SEARCH WARRANT
● 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:
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and 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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
● 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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
● 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.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
●Tipped Information
If the police officers have reasonable grounds to
believe that the subjects are engaged in illegal
activities, the tipped information insufficient to
provide probable cause to effect a warrantless
search and seizure.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
A warrantless search is allowed if the
officers had reasonable or probable cause to
believe before the search that either the
motorist is a law offender, or that
they did find the evidence pertaining to
the commission of a crime in the
vehicle to be searched.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
Rule for checkpoints
is that the 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)
Lesson 2.10 Arrest Search and Seizure
SEIZURE OF PROHIBITED
ARTICLES IN PLAIN VIEW
The seizure should comply with the
following requirements:
● A prior valid intrusion based on a valid
warrantless arrest, in which the police are legally
present in the pursuit of their official duties.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
The seizure should comply with
the following requirements:
● The evidence was inadvertently discovered by the
police who had the right to be where they are.
● The evidence must be immediately apparent.
● Plain view justified mere seizure of evidence
without further search.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
SUMMARY
At the end of the lecture, the students should
be define the Arrest, Search, Seizure,
Miranda Doctrine, Search Warrant,
Warrantless Search. The Appraisal of rights
(Miranda Doctrine), Anti- Torture Warning,
Grounds for warrantless Arrest, Service of
Warrant, Serving a Warrant of Arrest,
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
SUMMARY
Application of Search Warrant, Warrantless
Search, Authority of the Arresting officer when
making arrest, Who are immune from Arrest,
Properties may be the object of a search
warrant, Validity of a search warrant, Valid
search and seizures without search warrant,
Seizure of prohibited articles in plain view.
Criminal Investigation Course (CIC)
Lesson 2.10 Arrest Search and Seizure
END OF PRESENTATION
Criminal Investigation Course (CIC)
