Vocabulary Flashcards: Arrest, Search, Raid, Custodial Investigation & Interrogation (Philippine Law)

A comprehensive set of vocabulary-style flashcards covering arrest, searches, raids, custodial investigation, interrogation, confession/admission types, deception detection, chain of custody, and investigative reporting per Philippine law.

Arrest

The act of taking a person into custody to require them to answer for a crime; restricts freedom, usually performed by law enforcement.

Warrant

A written order issued by a judge directing a police action (arrest or search) based on probable cause.

Warrant of Arrest

A court-issued order authorizing the arrest of a named person when probable cause has been found.

Arrest with Warrant

Arrest made under a valid arrest warrant issued by a judge after determining probable cause.

Arrest without a Warrant (Warrantless Arrest)

Lawful arrest without a warrant in certain defined circumstances under Rule 113, Sec. 5 (e.g., in flagrante delicto, hot pursuit, escapee).

Flagrante Delicto

Caught committing, attempting to commit, or having just committed an offense in the presence of the arresting officer.

Hot Pursuit Arrest

Arrest of a suspect after a crime is committed, based on personal knowledge of facts indicating involvement, pursued immediately.

Escapee Arrest

Arrest of a person who has escaped from prison or detention without a warrant.

Rights of the Arrested Person

Constitutional rights during arrest, including being informed of the cause, right to remain silent, right to counsel, right to due process.

Miranda Rights

Rights to remain silent and to counsel, and related protections read to suspects under custodial investigation (Art. III, Sec. 12, 1987 Constitution).

Exclusionary Rule

Evidence obtained in violation of constitutional rights is generally inadmissible in court.

Rule 126 (Valid Search Warrant)

Requisites for a valid search warrant: issued by a judge, probable cause, oath/affirmation, and specific description of place and items.

Search Warrant

A written order directing law enforcement to search a specified place and seize listed items.

Warrantless Searches

Exceptions to the general warrant requirement, including incidental to a lawful arrest, stop-and-frisk, checkpoints, plain view, and exigent circumstances.

Search Incidental to a Lawful Arrest

A police search of a suspect and immediate surroundings conducted as part of an arrest.

Stop and Frisk (Terry Stop)

Brief detention and pat-down search for weapons based on reasonable suspicion."

Plain View Doctrine

Evidence may be seized without a warrant if lawfully present, the evidence is in plain view, and its incriminating nature is immediately apparent.

Checkpoints (Border/Routine Roadblocks)

Warrantless searches at checkpoints allowed if conducted lawfully with reasonable suspicion or probable cause.

Exigent Circumstances

Urgent situations where time does not allow for a warrant; entry/search is permitted to prevent danger or destruction of evidence.

Raid

A sudden, forceful operation by law enforcement to apprehend suspects, recover illegal items, or suppress illegal activities; typically based on intelligence and coordinated execution.

Planned Raid

A well-organized raid based on reliable intelligence, involving surveillance, coordination with prosecutors, warrants, and planned entry.

Immediate Raid

A rapid, often warrantless raid in response to an emergency or imminent danger, justified by exigent circumstances.

Legal Basis for Raids

Raids rely on constitutional protection against unreasonable searches/seizures, Rule 126, and relevant laws (e.g., RA 9165) with proper coordination and warrants when possible.

Rights in Raids: Proper Procedure

Raids require proper identification, presence of witnesses, inventory of seized items, and custody in lawful channels to ensure admissibility.

Consequences of Illegal Raid

Evidence may be excluded; officers may face administrative or criminal liability for illegal search and seizure.

Custodial Investigation

Interrogation or questioning by law enforcement after a person has been taken into custody; rights protections apply.

Mahinay Guidelines

Philippine standards for custodial interrogation ensuring confessions are admissible only with proper advisement of rights.

Miranda Rights (in Custodial Context)

Rights read before custodial interrogation: right to remain silent and to counsel, and that anything said may be used in court.

Voluntary Confession

A confession given freely and without coercion, often with counsel present and rights explained.

Extra-Judicial Confession (EJC)

A full confession made outside court, admissible only if voluntary, in writing, with counsel, and rights explained.

Extra-Judicial Admission (EJA)

A partial admission made outside court that does not admit full guilt; used as circumstantial evidence if corroborated.

Judicial Confession

A confession made in open court, typically during trial; often carries strong evidentiary weight.

Judicial Admission

A statement made in court acknowledging facts related to the case but not necessarily guilt; binding.

Interrogation

Custodial, structured questioning aimed at eliciting a confession or incriminating information.

Interview

Non-custodial, informal questioning to gather information from witnesses, victims, or persons of interest.

Direct Approach

A straightforward questioning method used when a suspect is willing to talk; still requires rights if custody exists.

Good Cop, Bad Cop

Interrogation technique using contrasting personalities to induce confession; must avoid coercion.

Reid Technique

A nine-step interrogation method combining confrontation and persuasion; criticized for risking false confessions if misused.

Theme Development

Interrogator proposes a moral justification to lower defenses and encourage confession.

Silence Method

Using deliberate silence after a question to prompt the suspect to fill the gap and speak.

Cooperative Subject

A suspect who is willing to talk and provide information during interrogation.

Uncooperative Subject

A suspect who resists questioning and may require strategic techniques.

Emotional Subject

A suspect who is influenced by guilt, fear, or remorse; can be vulnerable to coercive tactics.

Deceptive Subject

A suspect who lies or provides misleading information; requires careful verification.

Theory of Lie

Concept that lies are deliberate distortions of truth; includes types like white lie, fabrication, omission, bold-faced lie.

Kinds of Lies

White lie, Fabrication, Omission, Bold-faced lie.

Types of Liars

Pathological, Compulsive, Occasional liars as categories of deceptive individuals.

Polygraph

Lie-detection tool measuring physiological responses; generally not admissible in Philippine courts but used for investigation.

Voice Stress Analysis

Technique analyzing voice to detect deception; not conclusive in court.

Behavioral Analysis

Observing nonverbal cues to infer truthfulness; used as an investigative aid.

Cognitive Load Technique

Asking complex questions to tax memory and reveal inconsistencies.

Statement Analysis

Examining statements for contradictions, omissions, or unusual phrasing to detect deception.

Chain of Custody

Documentation of every transfer, storage, and handling of evidence to preserve integrity; breaks can lead to exclusion.

Affidavits

Written sworn statements used as evidence; includes affidavits of confession, admission, arrest, witness statements, and complaints.

Affidavit of Confession

Written statement where a suspect confesses guilt; must be voluntary and properly recorded.

Affidavit of Admission

Written statement where a suspect admits involvement without full guilt.

Affidavit of Arrest

Document describing details and justification for an arrest.

Deposition

Sworn statement of a witness taken before a legal proceeding.

Complaint-Affidavit

Document initiating criminal prosecution with a sworn complaint and attached evidence.

Affidavit of Witnesses

Statements of witnesses under oath supporting the case.

Report Writing (General)

Crafting factual, organized written accounts of incidents or investigations to support justice processes.

Initial Report

Preliminary report filed immediately after an incident to trigger investigation.

Incident Report

Detailed narrative of the crime incident, including participants, time, place, actions.

Spot Report

Real-time, brief report of ongoing developments during operations.

Progress Report

Update on ongoing investigations or operations.

Follow-Up Report

Report detailing new developments after initial report.

Final/Investigation Report

Comprehensive documentation of investigation results and charges.

Accomplishment Report

Summary of performance or outcomes over a period.

Post-Operation Report

Report documenting results of a tactical operation.

Synopsis

A concise summary of a case or investigation.

ABCDEs of Report Writing: Accuracy, Brevity, Clarity

Principles to ensure reports are precise, concise, and understandable.

Rule 112

Legal basis for Preliminary Investigation in the Rules of Court.

Rule 110

Rules governing prosecution and complaint filing in the Rules of Court.

Rule 126

Rules governing search warrants and related procedures.

Rule 130, Section 32

Rule allowing confession as direct evidence if constitutionally valid.

Rule 130, Section 4

Rule allowing admissions as evidence but with different weight.

Republic Act No. 7438

Rights of persons under custodial investigation; requires informing rights and access to counsel.

Republic Act No. 9165

Comprehensive Dangerous Drugs Act; contains raid-related procedures and post-operation reporting.

Republic Act No. 9745

Anti-Torture Act; prohibits torture during detention or interrogation.

Republic Act No. 10175

Cybercrime Prevention Act; governs cybercrimes and digital evidence.

People v. Mahinay

Case establishing Mahinay Guidelines for custodial interrogation and admissibility of confessions.

People v. Andan

Confession to a third party outside custodial interrogation may be admissible; under custodial rules not applicable.

People v. Deniega

Confession without counsel during custodial interrogation ruled inadmissible.

People v. Cacanindin

Custodial interrogation must adhere to Miranda rights to keep statements admissible.

Interrogation vs Interview (Summary)

Interrogation is custodial and rights-bound; interview is non-custodial for information gathering.

Judicial vs Extra-Judicial Admission/Confession

Judicial confessions are in court and have high weight; extrajudicial confessions/admissions occur outside court with different safeguards.

Case Law Illustrations (General Idea)

Jurisprudence clarifies admissibility rules for confessions/admissions and custodial rights.