INTRUMENT

S
IN
 INSTRUM
• It is the application of intruments and
ENTSscience to the
methods physical
detection of crimes. In cases where
there are no significant physical
evidence to be found, then the use of
instrumentation is relatively unimortant.
 METHODS OF
INSTRUMENTATION
1. POLYGRAPH OR LIE DETECTOR
TEST - focused in detecting
deception.
2. POLICE PHOTOGRAPHY -
division of forensic science focused in
providing
pictorial record of the crime scene.
3. FORENSIC CHEMISTRY - It
involves the use of the science of
chemistry in the examination of fibers,
hairs, powder burns, blood, stain,
paints, poisonous substances and
other matters in their relevance to the
investigation.
4. FORENSIC MEDICINE - used to
determine the cause of death as one of
the elements of corpus delicti and it
could also approximate the time of
death and other pertinent and relevant
matters in the investigation.
AUTOPSY - came from the GREEK
word “seeing with your own eye”
• It sometimes called MEDICO LEGAL.
• It is the process by which the
pathologist or the medico legal
officer conducts an examination on
the cadaver to determine the exact
cause of death.
6. FORENSIC BALLISTIC OR FIRE
ARAM IDENTIFICATION - This is the
science of firearms identification.
7. DACTYLOSCOPY OR PERSONAL
IDENTIFICATION - This is otherwise
known as the science of fingerprint
identification
8. QUESTIONED DOCUMENTS -
This is the science of firearms
identification.
9. DACTYLOSCOPY OR PERSONAL
IDENTIFICATION EXAMINATIONS-
establish if there is
alteration,superimposition, or erasures,
either mutually or chemically of a document.
10. QUESTIONED DOCUMENTS -
This is the science of firearms
identification.
9. FORRENSIC ODONTOLOGY- The
remove of dentures are of paramount
importance in the identification of unknown
bodies especially when other means of
identification is lost.
SEARCH
AND
SEIZURE
 Anglo-Norman word “searcher”
 Old French cerchier “to explore”
 Latin word circare “go around in
circles”
 SEARCH
• It is the examination of a man’s house,
building or other premises, or of his
person, with a view of some evidence of
guilt to be used in the prosecution of a
criminal action for some offense with
which he is charged.
• Ordinarily implies a request by an
officer of the law.
 SEIZURE
• It is the physical taking of a thing to
a custody.
• Contemplates a forcible disposition
of the owner.
 SEARCH
• It is an order in writting issued in
the nameWARRANT
of the people of the
Philippines, signed by a judge and
directed to a police officer,
commanding him to search for any
property described therein abd bring
it before the court.
 ARE SEARCH
AND SEIZURES
PROHIBITED
UNDER THE
• No. The constitutional guarantee
embodied in Article 3, Section 2 of
the Constitution is not a blanket
prohibition against all searches and
seizures as it operates only
against unreasonable searches and
seizures.
 WHEN IS THE
SEARCH OR
SEIZURE
UNREASONABL
• A search and seizure is unreasonable
if it is made without a warrant, or the
warrant was invalidly issued.
• In all instances, what constitutes
reasonable or unreasonable search
or seizure is a purely judicial question
determinable from a consideration of
the attendant circumstances.
THE THREE
SITUATIONS WHEREIN
THERE MUST
BEFINDING OF
1.Probable cause in filing of an
information
>Facts and circumstances that woulD
engender a well-grounded belief that a
crime has been committed and the
person to be charged is probably guilty
thereof
2. 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
3.Probable cause in the issuance of a
warrant of arrest
>Facts and circumstances that
would engender a well-grounded
belief that a crime has been
committed and the person to be
arrested committed it
WHY ARE
THE REQUIREMENTS FOR
THE ISSUANCE OF A SEARCH
WARRANT MORE
STRINGENT THAN THE
>The right against unreasonable
search and seizure is a core right
implicit in the natural right to life,
liberty and property. Even in the
absence of a constitution, individuals
have a fundamental and natural right
against unreasonable search and
seizure under natural law.
>Moreover, the violation of the right
to privacy produces a humiliating effect
that cannot be rectified anymore.
>This is why there is no other
justification to speak of for a search,
except for a warrant.
> On the other hand, in a warrant of
arrest, the person to be arrested can
always post bail to prevent the
deprivation of liberty.
 REQUISITE FOR ISSUANCE OF SEARCH
WARRANT
• A search warrant shal be issued only
upon probable cause in connection with
one spicific offense to be determined
personally by the judge after
examination under oath or affirmation of
the complainant and the witnesses he
may produce and particularly describing
the place to be researched and things to
be seized.
 THE REQUISITES FOR ISSUING OF
1. There must be probable cause
SEARCH WARRANT?
2. Which must be determined personally by the judge
3. upon personal examination in writing and under oath of the
complainant and his witnesses in the form of searching questions
and answers on facts personally known to them
4. the probable cause must be in connection with one specific offense
5. particularly describing the place to be searched and the items to
be seized
6. the sworn statements together with the affidavits of the witnesses
must be attached to the record.
 WHAT ARE THE PERSONAL
THINGS TO BE SEIZED?
- Personal property, which is:
 subject of the offense,
 stolen or embezzled and other proceeds or fruits
of the offense, or
 used or intended to be used as the means of
committing an offense.
WHAT ARE THE REQUISITES
OF THE PERSONAL
EXAMINATION THAT THE
JUDGE MUST CONDUCT
BEFORE ISSUING THE
1. The judge must examine the
witness personally
2. The examination must be under
oath
3. The examination must be
reduced into writing in the form
of searching questions and answers
WHAT IS A SCATTER SHOT
WARRANT?
>It is a warrant of arrest that is
issued for more than one offense
>It is void for the law requires that a
warrant of arrest should only be
issued in connection with one
specific offensetions and answers
QUESTION:
Police officers applied for a warrant to
search Door #1 of an apartment
complex. The court issued the warrant.
When the went to the apartment
complex, they realized that what they
thought was Door #1 was actually Door
#7. Can they search Door #7?
 No. What is controlling is what is stated in
the warrant, not what the peace officers had
in mind, even if they were the ones who gave
the description to the court. This is to
prevent abuses in the service of search
warrants.
QUESTION:
If the warrant was executed even
before the expiration of the ten-day
period, can the peace officer use
the warrant again before it expires?
 No. If the purpose for which it was issued
has already been carried out, the warrant
cannot be used anymore. The exception
is if the search was not finished within one
day, the warrant can still be used the next
day, provided that it is still within the 10-
day period.
QUESTION:
CAN THE POLICE OFFICER
SEIZE ANYTHING THAT IS
NOT INCLUDED IN THE
WARRANT?
 > No, anything not included in the warrant
cannot be seized EXCEPT if its mala prohibita,
in which case, the seizure is justified under
the plain view doctrine.
> Even if the object was related to the
crime, but it is not mentioned in the warrant
nor is it mala prohibita, it still cannot be seized
 POLICE OFFICERS WENT TO
THE HOUSE TO EXECUTE A
SEARCH WARRANT. THEY
FOUND A PISTOL ON THE TABLE,
BUT THE PISTOL WASN’T
INCLUDED IN THE SEARCH
WARRANT. CAN THEY SEIZE
THE PISTOL?
> No, it is not mala prohibita and
they have no proof that it is
unlicensed.
WHAT SHOULD THE POLICE OFFICER OR
COURT TO DO THINGS SEIZED
ILLEGALLY?
 Anything seized illegally must be
returned to the owner unless it is mala
prohibita. In such a case, it should be
kept in custodia legis.
WHEN SHOULD THE SEARCH WARRANT
BE EXECUTED?
> If possible, it should be executed
during the daytime
> But in certain cases, such as when
the things seized are mobile or are in the
person of the accused, it can be served
during nighttime
 Time of making search.

A search warrant must be served during daytime.

Exception. A search may be made at night when it
is positively asserted in the affidavit that the property
is on the person or in the place ordered to be
searched. The affidavit making such assertion must
itself be sufficient as to the fact so asserted for if the
same is based upon hearsay, the general rule shall
apply.
 Exceptions to the exception.
1. If there are emergencies.
2. Property is on the person or
place to be searched.
3. Generally all instances of valid
warrantless search.
FOR HOW LONG IS THE SEARCH
WARRANT VALID?
>It is valid for 10 days, after which the
police officer should make a return to the
judge who issued it
> If the police officer doesn’t make a
return, the judge should summon him
and require him to explain why no return
was made
> If the return was made, the judge should
determine if the peace officer issued the
receipt to the occupant of the
premises from which the things were
taken.
> The judge shall also order the delivery
to the court of the things seized.
IF THE WARRANT WAS EXECUTED EVEN
BEFORE THE EXPIRATION OF THE 10-
DAY PERIOD, CAN THE PEACE
OFFICER USE THE WARRANT AGAIN
BEFORE IT EXPIRES?
> No, of the purpose for which it was
issued has already been carried out, the
warrant cannot be used anymore.
> The exception is if the search
wasn’t finished within 1 day, the
warrant can still be used the next
day, provided it is still within the 10-
day period
Sec. 12. Delivery of property and inventory
thereof to court; return and proceedings
thereon. –
(a) The officer must forthwith deliver the
property seized to the judge who issued
the warrant, together with a true inventory
thereof duly verified under oath.
(b) The return on the search warrant shall be
filed and kept by the custodian of the log
book on search warrants who shall enter
therein the date of the return, the result, and
other actions of the judge.
(c) Ten (10) days after issuance of the search
warrant, the issuing judge shall ascertain if the
return has been made, and if none, shall summon
the person to whom the warrant was issued and
require him to explain why no return was made.
If the return has been made, the judge shall
ascertain whether section 11 of this Rule has been
complied with and shall require that the
property seized be delivered to him. The judge
shall see to it that subsection (a) hereof has been
complied with.
INSTANCES OF WARRANTLESS
ARREST
1. A warrantless search incidental to a lawful arrest
a. Arrest must be lawful
b. It must be contemporaneous with the arrest in
both time and place
c. Within the vicinity of the person arrested,
immediate control, which is the evidence of the
offense or weapon
2. Search of evidence in plain view
3. Search of a moving vehicle
a. Must be cursory
b. Cant make a thorough search; just have to
take a look; not to open trunks
4. Consented warrantless searches
a. The right exists
b. Person making the consent knows that he
has the right
c. In spite of the knowledge of the right, he
voluntarily and intelligently gives his consent
5. Customs searches
6. Stop and frisk
7. Exigent and emergency circumstances
8. Checkpoints
9. Republic Act requiring inspections or body
checks in airports
10. Emergency
11. In times of war and within military operations
“FRUITS OF POISONOUS TREE”
Evidence obtained in the process of
illegal warrantless search is not
admissible as evidence in court.