FUNDAMENTALS OF INVESTIGATION & INTELLIGENCE

Prepared By: Jasper Ian A. Lagasca, RCrim.

MODULE 6
SEARCHES AND SEIZURES

I. SEARCH
- Search is an examination of an individual’s person, house, papers or effects or other buildings and
premises to discover contraband or some evidence of guilt to be used in the prosecution of a
criminal case.

II. SEARCH WARRANT

- A 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 therein and to bring it before the court.

A. Requisites for 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 or
affirmation of the complainant and the witnesses he may produce. The search warrant shall
particularly described to be searched and the things to be seized which may be anywhere in
Philippines.
- The following maybe the objects of a search warrant:
1. Properties which are the subject of the offense
2. Stolen, embezzled proceeds, or fruits of the offense
3. Objects including weapons, equipment, and other items used or intended to be used
as the means of committing an offense.

Notes:

Objects that are illegal per se, even if not particular described in the warrant, may be seized under
plain view doctrine.

Probable Cause - sufficient reason based upon known facts to believe a crime has been committed
or that certain property is connected with a crime.

Situations wherein there must be finding of probable cause in the issuance of a search warrant -
Facts and circumstances that would lead a reasonable discreet and prudent man to
believe that there has been a crime committed and the things and objects connected to the
crime committed are in the place to be searched

Plain view doctrine - the rule that a law enforcement officer may make a search and seizure
without obtaining a search warrant if evidence of criminal activity or the product of a crime can be
seen without entry or search.
 FUNDAMENTALS OF INVESTIGATION & INTELLIGENCE
Prepared By: Jasper Ian A. Lagasca, RCrim.

B. Application for Search Warrant

- All applications for Search Warrant shall be approved for filing by the Chief of Office. The
application shall indicate the following data:
1. Office applying for the search warrant
2. Name of officer- applicant
3. Name of the subject, if known
4. Address/place(s) to be searched
5. Specific statement of things/articles to be seized
6. Sketch of the place to be searched

Notes:

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
application.

Two Witness Rule - No search of a house, room, or any other premises shall be made
except in the presence of the lawful occupant thereof or any member of his family or in the
absence of the latter, two witnesses of sufficient age and discretion residing in the same locality.

C. Time of Search
- The warrant should be served during day time, unless there is a provision in the warrant
allowing service at any time of the day or night.

D. Authority Given to Police Officers when Conducting Search

- In the conduct of search, if after giving notice of his purpose and authority, the police
officer is refused admittance to the place of search, he may break open any outer or inner
door or nay part of a house or anything therein to implement the warrant or liberate himself
or any person lawfully aiding him when unlawfully detained therein.

III. Validity of Search Warrant

- The warrant shall be valid for ten (10) days from the date of issuance and may be served at any
day within the said period. Thereafter, it shall be void.
- 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.
- If the object or purpose of the search warrant cannot be accomplished within 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 warrant.

IV. Valid Warrantless Searches and Seizures

A. Search made incidental to a valid arrest

 FUNDAMENTALS OF INVESTIGATION & INTELLIGENCE
Prepared By: Jasper Ian A. Lagasca, RCrim.

- Person lawfully arrested may be searched for dangerous weapons or anything which
may be used or constitute proof in the commission of an offense without a search
warrant. The warrantless search and seizures as an incident to a lawful arrest may extend
beyond the person of the one arrested to include the premises or surroundings under his
immediate control.

B. Search of moving Vehicle

- If the police officers who will conduct the search had 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 a search.

C. Seizure of evidence in plain view

- Any object in the plain view is subject to seizure and may be introduced as evidence.
- Requirements under plain view doctrine are:
1.The police officer must have prior justification for an intrusion or, otherwise, must
be in position from which he can view a particular area.
2.The discovery of the evidence in plain view is unintentional
3.It is immediately apparent to the police officer that the item he observes may be
evidence of a crime, contraband, or is valid subject of seizure.

D. When there is waiver of the right or there is consented searched

- To constitute a waiver of this constitutional right, it must appear, first, that the right
exist; second, that the person involved had knowledge, either actual or constructive, of
the existence of such right; third, that said person had an actual intention to relinquish
the right.

E. Searches Under Stop and Frisk

- 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.

F. Emergency and Exigent Circumstances

- A search warrant could be validly dispensed with in cases of exigent and emergency
situation, and the police officers have a reasonable ground to believe that a crime was
being committed, and they have no opportunity to apply for search warrant from the
courts because the latter were closed.

G. Tipped Information
- If the police have reasonable grounds to believe that the subjects are engaged in illegal
activities, the tipped information is sufficient to provide probable cause to effect a
warrantless search and seizure.

H. Others instances where warrantless searches and seizures are allowed:

 FUNDAMENTALS OF INVESTIGATION & INTELLIGENCE
Prepared By: Jasper Ian A. Lagasca, RCrim.

1. Customs Searches
2. Checkpoints
3. Required inspections or body checks in airports
4. In times of war and within military operations

V. Types of Physical/Body Search

A. Wall Search
- The purpose of using this search is to place the suspect in an “off-balance position”.
This technique requires the use of both arms and legs to keep him from falling to the
ground. This is the safest type of search. It does not necessarily require a wall; any
object that can support the weight of the subject (such as car) can be used.
- The procedure is:
1.Require suspect to place both hands on the wall slightly higher than his waist.
Spread hands apart as possible. Palms should be placed the wall, fingers
extended.
2.The suspect’s feet must be extended back away from the wall as far as possible,
toes pointed out.
3.Buttocks should not be on an arched position.

B. Standing Search
- Instruct the suspect to raise his hand over and above his head and spread his feet as far
as possible. In some situations, this is not recommended because some suspects could
still maintain their balance in this position.

C. Kneeling Search
- Suspect kneels on the ground with hands raised over or above his head. Note that some
suspects could still make counter actions against the arresting officer even if they are
assuming in this position.

D. Prone Search
 FUNDAMENTALS OF INVESTIGATION & INTELLIGENCE
Prepared By: Jasper Ian A. Lagasca, RCrim.

- The suspect in this search lies on his stomach with arms and legs outstretched. Suspect
has both arms and legs free. One disadvantage of this search is that front part of the
suspect’s clothing cannot be searched. This type of search can be dangerous if the
subject has knowledge of judo.

Notes:

What is the most common tool of restraint during search and arrest of suspects?

Answer: Handcuffs

Handcuffs are the best method of restraint. If applied properly, it is a good preventive
measure but if improperly applied, it could be dangerous.