POLICE

Time of Making an Arrest

 Take note, unlike in a SEARCH WARRANT which must be
served within the specifically allowed time, ARREST may
be made on any day and at any time of the day or
night.
The conduct of Arrest is done through any of these 3 methods:
a. With a Warrant by Police Officer
 When making an arrest by virtue of a warrant, the officer
shall inform the person to be arrested of the cause of the
arrest and the fact that a warrant has been issued for
his arrest.
But if the person to be arrested flees (nitakas) or
forcibly resists (nisukol) before the officer has opportunity
to so inform him, or when the giving of such information
will imperil or harm the arrest, then the officer may
lawfully arrest the person without first informing him
of the cause and the fact of the issuance of a warrant.
b. Without Warrant by Police Officer
 When making an arrest without a warrant, the officer shall
inform the person to be arrested of his authority and the
cause of the arrest.
But if the person to be arrested is either
(a) engaged in the commission of an offense,
(b) pursued immediately after its commission,
(c) has escaped,
(d) flees, or
(e) forcibly resists before the officer has opportunity to
so inform him, or when the giving of such
information will imperil the arrest, then the officer
may lawfully arrest the person without first
 informing him of his authority and the cause of
the arrest.
c. Arrest by Private Person – also known as Citizen’s Arrest
 When making an arrest, a private person shall inform the
person to be arrested of the intention to arrest him and
the cause of the arrest, unless the person to be arrested
is either engaged in the commission of an offense, is
pursued immediately after its commission, has escaped,
flees, or forcibly resists before the private person making
the arrest has opportunity to so inform him, or when the
giving of such information will imperil the arrest.

Rights of arresting officer to break into and breakout (please

refer to slides 2 and 3 of the PPT Presentation)
 Take note that these rules or rights are allowed only to
police officers and not to private person making a
citizen’s arrest.

SEARCHES and SEIZURES

Another functions of the Police Officers in the
enforcement of law is to conduct Searches and Seizures. Always
remember that a Search Warrant is different from a Warrant of
Arrest. Though these two are both issued by the JUDGE, its
purposes differ from each other.
Where to file the application for search warrant
a. Any court within whose territorial jurisdiction a crime was
committed.
Like for example, the crime was committed in the municipality
of Tubigon. So by virtue of territorial jurisdiction, the application
for a search warrant is to be filed in the court within the
municipality of Tubigon.
 b. For compelling reasons stated in the application, any court
within the judicial region where the crime was committed if the
place of the commission of the crime is known, or any court
within the judicial region where the warrant shall be enforced.
Example:
SITUATION (1) There was a crime on drug dealings which
happened in the municipality of Clarin; (2) the illegal drugs
were located or in-stored in the municipality of Loon; (3) and
there was a pending case filed in the municipality of Tubigon.
QUESTION: Where to file the application for search warrant?
ANSWERS: In this case, since there was already a pending
case filed in the municipality of Tubigon, the application shall
be made/filed in the court within Tubigon.
But if there was no pending case filed, the
application for a search warrant is to be filed either in the (a)
court within Loon, or (b) court within Clarin.

Right to break door or window to effect search

In conducting search, the officer has to knock on the door
and shall inform the owner of the property that a search warrant has
been issued against him. But, if the officer is refused admittance to the
place after giving notice of his purpose and authority, then he may break
open any outer or inner door or window of the house.

When to serve a search warrant?

 It shall be served in the day time, but if the issuing judge
had indicated in the search warrant that it shall be served
at any time of the day or night then the officer may
lawfully do so.
 Unlike in warrant of arrest, a search warrant shall be valid
for 10 days from its date. Thereafter, this search warrant
shall be void.
What will happen to the properties that have been seized?
 A receipt should be made by the officer who
conducts the search and seizure in which he will
give to the witness or to the lawful occupant of the
property/house.
 As the officer makes the receipt, there should be a
presence of at least 2 witnesses of sufficient age
and discretion residing in the same locality.
 This receipt should be signed by the two witnesses
of the seizures of the objects.
 The purpose of this receipt is for the officer to have
an evidence in case he’ll be filed with theft by the
owner of the properties.
 The seized properties as well as the inventory made
by the officer shall be reported or forwarded to the
judge who issued the search warrant.
 Aside from these seized properties and inventory,
the officer has to return also the search warrant
issued by the judge 10 days after its issuance. If the
officer fails to return the search warrant, he’ll be
summoned by the judge and be required to give his
explanation.
The following are considered as valid warrantless
searches and seizures:
a. Lawful arrests which necessitates conduct of search
and seizure
b. Searches in Plain View – those objects that weren’t
described in the search warrant can be legally seized
by the officer if:
 he had observed the objects in the plain view,
and
  he had the probable cause or probability that
the objects are connected with the criminal
activities.
c. Searches of moving vehicles – these searches are
justifiable or legal based on the ground that to secure a
search warrant is not practicable. Remember, it’s a
moving vehicle so chances of it to quickly moved out
from the locality is high, therefor, it’s not practicable to
secure a search warrant.
d. Consented Searches – the person to be searched or
the owner of the place/property to be searched has
given his/her consent
e. Customs Searches – searches made by the
government’s official department (BOC).
f. Stop and Frisk
g. Searches during exigencies and emergencies – like for
example, a vehicular incident. As soon as the officer
responds or arrived at the location of the incident, no
occupants have been found on the vehicle. Now, what
was seen inside the vehicle particularly on the driver’s
seat was a strand of hair. So this strand of hair must be
collected by the officer to be used in identifying who
had driven the car.