arrests, inquest, pi, search

8/10/2019 Arrests, Inquest, Pi, Search

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ARRESTS AND SEARCHES

Prepared by: Atty Teresita J. Herbosa

(Modified by CLS January 17, 2011)


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When an arrest made without

warrant is valid When person has committed, is actuallycommitting, or is attempting to commit anoffense in the presence of the officer (inflagrante delicto);

When an offense has just been committedand the officer has probable cause to believebased on personal knowledge of facts or

circumstancesthat the person hascommitted it (hot pursuit)

When person has escaped from prison or

confinement


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INVALIDWARRANTLESS

ARRESTS Where officer had no personal knowledge of the

commission of the crime but only obtainedinformation from an informer and the suspect was

not doing anything unlawful when arrested;

Where there was sufficient time to apply for awarrant after receipt of the information on the

commission of the crime;

Where the officer did not know the specific offensebeing committed by the person although the latter

was acting suspiciously;


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INVALIDWARRANTLESS

ARRESTS Where officer was merely suspicious that

person was engaged in a felonious

enterprise and arrested him only to find out; Where the officer merely relied on hearsay

information that the source of the marijuanawas the suspect;

Where police did not have personalknowledge but only so-called reliableinformation;


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INVALIDWARRANTLESS

ARRESTS Where the person has not executed an overt

act that he has just committed, is actually

committing or is attempting to commit a crimeor even if there was an overt act, it was notdone in the presence or within the view of thearresting officer;

Where there was a lapse of five days withinwhich the police could have conducted asurveillance and applied for warrant.


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When to get a warrant of

arrest DURING PRELIMINARY INVESTIGATIONWhere the prosecutor conducting the preliminary

investigation believes an arrest warrant is necessary,

he shall apply for one before the judge within tendays from the filing of the criminal complaint. Thepreliminary investigation need not have terminated.

The judge can issue a warrant if he finds thatprobable cause exists.

This is determined by an examination in writing andunder oath of the complainant and his witnesses inthe form of searching questions and answers thatthere is necessity of placing the respondent underimmediate custody not to frustrate the ends of

justice.


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When to get a warrant of

arrest TEN DAYS FROM FILING OF

INFORMATION

After preliminary investigation andthere is probable cause, theinformation is filed. Within ten daystherefrom, the judge shall personallyevaluate the resolution and evidence,if he finds probable cause, he shallissue warrant or arrest.


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How to make an arrest Any day and at any time of day or night

Inform person of the cause of arrest or

issuance of warrant No need to inform where he:

(a) is committing crime or pursuedimmediately after;

(b) has escaped; flees;

(d) forcibly resists arrest; or

(e) when giving info will imperil arrest


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How to make an arrest Officer may summon persons to assist

him. They should assist him but

without detriment to themselves

May break into building or enclosure

after announcing purpose

No violence or unnecessary force shallbe used


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How to make an arrest Person shall not be subject to greater

restraint than is necessary for his detention

Deliver the person to the nearest policestation or jail without unnecessary delay

Within 10 days, make a report to judge whoissued warrant


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DETENTION PERIODS ALLOWED BY LAWFROM TIME TAKEN INTO CUSTODY

12 HOURS-OFFENSES PENALIZED BY ARRESTO MENOR

18 HOURS-OFFENSES PENALIZED BY PRISION CORRECIONAL

OR ARRESTO MAYOR Ex. Using child for begging, drug trafficking or any illegal

activity

36 HOURS-OFFENSES PENALIZED BY RECLUSION PERPETUAor TEMPORAL, PRISION MAYOR, DEATH

Ex. Child prostitution and other sexual abuse; child trafficking;Using child for obscene publications and indecent shows; actsof neglect, abuse, cruelty, exploitation; murder; homicide;intentional mutilation; serious physical injuries where victim

under 12 years old; rape


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What is INQUEST

A summary investigation

conducted by an inquestprosecutor who will determinewhether the person arrestedwithout a warrant should remain

in custody and be charged incourt.


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DOCUMENTS REQUIRED FOR

INQUEST TO BE CONDUCTED

Affidavit of arrest

Investigation report Statements of offended party andwitnesses

Other supporting evidence Where applicabledeathcertificate; post-mortem exam;medical certificate; chemistryreport; medico-legal report


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Other Requirements:INQUEST If detained person wants preliminary

investigation, he must sign waiver of

period of illegal detention with counsel

Inquest prosecutor to examine sworn

statements and evidence

Inquest prosecutor may examinecomplainant and witnesses


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CONTENTS OF INQUEST INFORMATION

Offense committed and amount of bail, ifbailable

Certification by inquest prosecutor inaccordance with Sec. 7 Rule 112

Full name, aliases, address, place ofdetention of accused

Full names and addresses of complainantand witnesses


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CONTENTS OF INQUEST INFORMATION

Detailed description of recovered items ifany

Full name and address of evidence custodian

Age and date of birth of complainant oraccused if below 18 years old

Full name and addresses of parents,custodians or guardians of minorcomplainant or accused


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DUTIES OF POLICE OFFICERSDURING INQUEST PROCEEDINGS

Take photographs

Recover all articles and pieces of evidence found at

crime scene

Safeguard evidence in that chain of custody properlyrecorded, physically inventoried, checked andaccounted for with issuance of receipts, properly

deposited with police evidence custodian

Make written report

Execute sworn statements


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PRELIMINARY INVESTIGATIONAND

CRIMINAL COMPLAINTS

Prepared by: Atty Teresita J. Herbosa

(Modified by CLS January 17, 2011)


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What is an INFORMATION? It is the complaint filed in court to

commence a criminal action:

It is a sworn written statement. It charges a person with an offense. It is subscribed by the offended party

or any law enforcement officer. It identifies the law violated. It is filed in court to commence a

criminal action


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The Contents of an Informationor a Complaint

Name of accused

The law violated

Acts or omissions complained of asconstituting the offense,

Qualifying and aggravating

circumstances Name of offended party

Approximate date of commission of theoffense

Place where offense was committed


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Attachments to the Complaint Sworn statements of complainant and

witnesses

Custodial investigation report

Medico-legal report

Investigation report of the DSWD or lawenforcement agency (for a child abusecase)


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Attachments to the Complaint

Physical/mental examination (for achild abuse case)

Extra-judicial confession, if any,executed in accordance with RA

7438

Other documentary and physical

evidence


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Other Requirements for PreliminaryInvestigation

Complete name and address of offenderin the preliminary investigation sheet

Such number of copies of the swornstatements as there are offenders plustwo copies for the office of the prosecutor

Sworn statements shall be subscribed andsworn to before the prosecutor, or agovernment official authorized toadminister oath, or in their absence, any

notary public


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Other Requirements for PreliminaryInvestigation

The certification of the

subscribing officer that hepersonally examined theaffiant and is satisfied that

he voluntarily executedand understood his

statements


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WHEN WARRANTS NOT NECESSARY ANDEVIDENCE OBTAINED IS ADMISSIBLE

SEARCH INCIDENT TO A LAWFULARREST;

SEARCH OF A MOVING VEHICLE;

SEARCH OF VESSEL AND AIRCRAFTFOR VIOLATION OF

IMMIGRATION, CUSTOMS ANDDRUG LAWS;


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STOP AND FRISK OPERATIONS;

SEIZURE OF PROHIBITED

ARTICLES OR EVIDENCE IN PLAINVIEW;

SEARCH OF AUTOMOBILE AT

BORDERS OR CONSTRUCTIVEBORDERS;


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WHEN THE ACCUSED HIMSELFWAIVES HIS RIGHT AGAINST

UNREASONABLE SEARCHES ANDSEIZURES OR CONSENTEDSEARCHES; AND

SEARCH OF BUILDING ANDPREMISES TO ENFORCE FIRE,SANITARY AND BUILDING

REGULATIONS


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WARRANTLESS SEARCH ANDSEIZURE EXPLAINED

Plain view doctrineprohibited orclearly illegal articles may be taken

without a warrant if they are opento the eye and the officer cameupon them inadvertently (in other

words, he wasnt looking for them),subject to the followinglimitations:


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Plain view doctrine (contd)

Prior justification for intrusion as in validwarrantless arrest;

Inadvertent discovery by police who had

the right to be where they were;

Immediate apparent illegality ofevidence although police not absolutely

certain if these had anything to do witha crime;

Seizure of evidence did not entail furthergeneral or exploratory search.


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WARRANTLESS SEARCH ANDSEIZURE EXPLAINED (contd)

Waiver by accusedwhich may bedone expressly or impliedly, as long as

the waiver is done voluntarily,knowingly and intelligently. Theaccused should not have felt coerced

by the presence, for example, of aband of policemen at his door.


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Stop and frisk or stop and searchprinciplewhere officer observed unusual

conduct leading him to reasonably concludethat a criminal activity is afoot and person isprobably dangerous or armed. He has toidentify himself and, if nothing dispels his

fear for his or others safety, he mayconduct carefully limited search of outerclothing of person to discover weapon.


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Moving vehiclebecause it is not

practicable to get a warrant as thevehicle can be moved quickly outof the area or the jurisdiction in

which warrant must be sought


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VALID WARRANTLESS SEARCHES

When the person lawfully arrested hasin his person anything used in the

commission of the crime, or whichmay be used in evidence in the trial ofthe case ;

When the search is limited to place ofarrest (e.g. if arrested outside ofhouse, a search of his room is not

permitted);


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After arrest, upon arrival at place ofdetention;

Search limited to person and area whereinwhich arrested person could reach for aweapon or there is attempt to destroyevidence;

Search of moving vehicle where the officerhas reasonable or probable cause to believethat he will find the instrumentality or

evidence of the crime in the vehicle; OR


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Exigent circumstances where some

kind of emergency makesobtaining a search warrantimpractical, useless, dangerous

and unnecessary


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EXAMPLES OF INVALIDWARRANTLESS SEARCHES

Where the accused allowed members of themilitary to enter his premises, his

consequent silence cannot be construed asvoluntary submission or an impliedacquiescence to a warrantless search andseizure when the raiding team members

were intimidatingly numerous and heavilyarmed. (People v. Compacion, 361 SCRA540)


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EXAMPLES OF INVALIDWARRANTLESS SEARCHES

Where the marijuana bricks were wrappedin newsprint, there is no apparent illegality

to justify its seizure, and the plain viewdoctrine can no longer provide any basisnor can it be used to extend a generalexploratory search from one object to

another until something incriminating atlast emerges. (People v. Salanguit, 356SCRA 683)


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CONTENTS OF APPLICATION FOR ASEARCH WARRANT

Facts must be within officers personalknowledge, not hearsay;

Facts must be true and sufficientlydefinite;

Facts should not have been merely

reported by a person, although reliable,nor simply verified from sourceswithout showing how and when officer

made verification;


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Statements should not be loose, vagueor doubtful nor based on mere

suspicion or belief; Description of place to be searched

must be such that any officer enforcing

the warrant can, with reasonableeffort, ascertain and identify the placeand that there was prior knowledge of

place; and


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Conclusions of law or fact should be

avoided;

Items to be seized must be indicatedto be the subject of an offense or

stolen or embezzled property andproceeds or fruits of offense.


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