Arrest, Warrants, and Search & Seizure (Lecture Notes)

Flashcards covering key concepts about arrest, warrants, and search & seizure from the provided lecture notes.

What is arrest?

The act of taking a person or persons into custody so they can answer for the commission of an offense.

What is the general rule about arrest without a warrant?

No person can be arrested without a warrant of arrest.

What is a Warrant of Arrest (WOA)?

A written document issued by a court ordering a police officer to bring the person before the court to answer for an offense.

Who is exempt from arrest?

Senators or members of the House of Representatives, while Congress is in session, for offenses punishable by not more than six years; and diplomatic officials and their domestics.

What is the duty of the arresting officer?

To execute the warrant without unnecessary delay, arrest, and deliver the person to the nearest police station or jail.

What should happen during the initial contact with the subject in an arrest?

The investigator identifies himself clearly, shows identification, informs the subject that they are under arrest, and considers whether the subject is wanted for another crime.

With a warrant of arrest, what must the officer inform the subject?

The cause of the arrest and that a warrant has been issued; the warrant need not be shown at the moment if the subject flees or forcibly resists, but should be shown as soon as possible after arrest.

Without a warrant of arrest, what must the officer inform the subject?

The officer’s authority and the cause of the arrest; exceptions include ongoing offense, immediate pursuit after crime or escape, if the subject flees, or if informing would jeopardize the arrest.

What about the life of a warrant of arrest?

A warrant remains valid even if not served within the statutory period, unless recalled by the issuing court or the accused submits to jurisdiction. It differs from a search warrant, which is valid for 10 days.

Who may execute an arrest?

Members of the Philippine National Police (PNP) and the National Bureau of Investigation (NBI).

Procedures in serving a warrant of arrest?

Verify the warrant’s validity; the officer should introduce themselves and show the warrant to the subject, explaining the arrest.

Territorial effectivity of a warrant of arrest?

WOAs issued by MTCs, MTCTs, or Municipal Circuit Trial Courts can be served anywhere in the Philippines without RTC judge certification.

Duty in warrantless arrest?

Take the arrested person to the proper court or judge for action promptly, within the time prescribed by law; physical delivery is not always required, but filing information with the court is.

Periods for detaining a person without a warrant?

12 hours for offenses punishable by light penalties; 18 hours for correctional penalties; 36 hours for afflictive or capital punishments.

Rights to counsel or visits for arrested persons?

Section 14, Rule 113 allows a lawyer to visit privately; relatives may also visit, subject to reasonable regulations.

Executive Order No. 155 (1987) – impact on right to counsel?

Amends RA 857 to penalize public officers who deprive a person of the right to counsel; penalties range from prison correctional to imprisonment 6 months and 1 day up to 6 years.

Physical or medical examination of an arrested person?

Before detention, the person must undergo a physical/medical examination by a medical doctor; if female, preferably by a female doctor.

Booking of arrested suspects?

The process of recording and documenting information surrounding the arrest.

Summoning assistance during an arrest?

The officer can verbally summon as many persons as necessary to aid in the arrest; summoned persons must aid if they can do so without detriment to themselves.

Rights of arrested person under RA 7438 and RA 9745?

RA 7438 outlines the rights of arrested, detained, or under custodial investigation persons; RA 9745 is the anti-torture law.

What is a search?

An examination of a person, house, papers, or effects to uncover contraband or evidence for a criminal action.

What is a search warrant?

A written order issued in the name of the People of the Philippines, signed by a judge, commanding a peace officer to search for described property and bring it before the court.

When should a search warrant be served?

During daytime, unless the warrant specifies it may be executed at any time of day or night.

Two-witness rule for searches?

Search of a house/room/premises must be in the presence of the lawful occupant, or if absent, two witnesses of sufficient age and discretion residing in the locality.

What are valid searches without a warrant?

Searches incident to a valid arrest; searching moving vehicles; seizure in plain view; searches with waiver/consent; stop and frisk; emergency and exigent circumstances.

Plain View Doctrine requirements?

I) Prior justification for intrusion or a position to view; II) The discovery is unintentional; III) It is immediately apparent the item may be evidence or contraband.

What is stop and frisk?

A protective search of outer clothing to check for weapons.

Types of searches: Wall, Standing, Kneeling, Prone — what are they?

Wall search: off-balance position requiring support; Standing: hands raised, feet apart (not recommended); Kneeling: knees on ground, hands raised (discouraged); Prone: lying face down, arms/legs extended (front of clothing may not be searched; risky if subject knows judo).

What is the handcuffing process?

Officer positions behind the subject; handcuffs applied when hands are on the back; avoid grabbing the subject’s hands to prevent being thrown off balance.

What are the standard handcuffing commands?

1) Take your right hand off the wall and place it on your back; 2) Move up and put your other hand against the wall; 3) Take your other hand off the wall and place it on the small of your back; 4) Stand up and face the wall.

What is a raid in law enforcement terms?

A raid is a surprise invasion of a building or area; a small-scale attack on a limited territory.

Legal basis of a raid?

A raid must be legal, founded in a lawful process, and conducted lawfully, typically in the form of a search warrant or a warrant of arrest; may occur in pursuit of a just-committed felony.

When can a raid be conducted for a felony?

When it is known that the felony has just been committed and the raid is in pursuit of the suspect.