Law Enforcement Operations and Planning With Crime Mapping Unit 2

ROMBLON STATE UNIVERSITY
Institute of Criminal Justice Education

Odiongan, Romblon
Law Enforcement Operations and Planning

with Crime Mapping
UNIT 2
ARRESTS, SEARCHES AND SEIZURES

Odiongan, Romblon
PLANNING THE ARREST

This is the responsibility of the Team leader or the officer acting in his
absence
1. If the arresting party is composed of two (2) or more members, somebody

must be placed in charge, preferably the most experience
2. Consider the arresting party and covering party
3. Consider protection of innocent by-standers
4. Prevent escape of subject
5. Make a discreet reconnaissance of the area
6. Determine weapon/equipment needed.
7. Consider superiority of manpower and firepower
8. Make the plan simple enough to be understood by the least experienced
operative/investigator.
9. Consider the element of SUPRISE. (Daybreak has proven satisfactorily for
a number of successful arrests)
10. Consider SPEED in the execution of the plan.
11. Consider over-all coordination
12. Consider concealment or cover that might be available both in effecting
the arrest and removing the subject from the building.
13. The briefing officer should ask the participants if they any question
regarding the plan.
DEFINITION OF ARREST
Arrest- Is the taking of a person into custody in order that he may be bound to
answer the commission of an offense.
Arrest- Is the actual restraint of the person to be arrested or by his submission

to the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest, and the

person to be arrested shall not be subjected to any greater restraint than is
necessary for his detention.
All arrest should be made only on the basis of a valid Warrant of Arrest issued
by a competent authority, except in cases specified under the Doctrine of
Citizens Arrest (Sec 5, Rule 113. Rules on Criminal Procedure)
Time of Arrest- As a general rule, arrests may be made on any day of the
week and at anytime of the day or night.
Modes of arrest- An arrest may be made by virtue of a Warrant of Arrest, or

Warrantless Arrest as hereinafter provided.
Odiongan, Romblon
Warrant of arrest-it is an order in writing issued in the name of the People of

the Philippines, singed by a judge and directed to a peace officer,
commanding him to arrest a person stated therein and bring him before the
Honorable court.
Who Issues a Warrant of arrest-only judges are authorized to issues Warrant

of Arrest and Search Warrant pursuant to Section 6 of Rule 112 of the
Revised Rule on Criminal Procedures.
When warrant of Arrest not necessary- A warrant of Arrest is no longer

needed if the accused is already under detention.
Immunity from arrest
1. A Senator or House of Representative shall in all offenses punishable by

not more than six years imprisonment, be privileged from arrest while
Senate/Congress is in session.
2. Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations
3. Under section 4 of RA 75, any writ or process sued out of or prosecuted by
any person in any court of the Republic of the Philippine, or by any judges or
justice, whereby the person of any ambassador or public minister of any
foreign state authorized and received as such by the President, or any
domestic or domestic servant of any such ambassador or minister is arrested
or imprisoned is void, and every person by whom the same is obtained or
prosecuted, whether as party or as attorney, and every officer concerned is
executing it is, upon conviction, “punished by imprisonment of not more than
three years and a fine not exceeding two hundred pesos in the discretion of
the court.”
Execution of Warrant- the head of the office to whom the warrant of arrest has
been delivered for execution shall cause the warrant to be executed within ten
(10) days from receipt. Within ten (10) days after the expiration of such period,
the officer to whom it was assigned for execution shall make a report to the
judge who issued the warrant and, in case of his failure to execute the same,
shall state the reasons thereof.
Procedures in Serving Warrant of Arrest
1. Verify the validity of the warrant and request for an authenticated copy to
issuing court
2. In serving the warrant, the police officer should introduce himself and show
proper identification
3. Make a manifestation of authority against the person to be arrested;
4. If refused entry, the police officer may break into any residence, office,
building, and other structure where the person to be arrested is or is
reasonably believed to be, after announcing his purpose;
Odiongan, Romblon
5. The police officer need not have the copy of a warrant in his possession at
the time of the arrest, if the person arrested so requires, the warrant shall be
shown to the arrested
6. Secure the person to be arrested
7. Inform the arrested person of the Miranda Doctrine as provided for in the
Constitution.
8. Conduct thorough search for weapons and other illegal materials
9. In all cases, no force, violence a shall be used in making an arrest
10. Confiscated evidence shall be properly documented
11. Bring the arrested person to the Police Station documentation
12. Submit Return of Warrant to the court of origin; and
13. Deliver the arrested person to jail/prison upon the court issuance of a
commitment order.
Duties of the Arresting Officer
1. It shall be duty of the officer executing the warrant to arrest the accused
and deliver him without delay to the nearest police station or jail for the
recording of the fact of the arrest of the accused.
2. At the time arrest, with or without warrant, it shall be the duty of the
arresting officer to inform the person to be arrested of the cause of the arrest
and the fact that a warrant has been issued for his arrest (Section 7, Rule 113
Revised Rules on Procedure) and in case of arrest without a warrant, it shall
be the duty of the arresting officer to inform the person to be arrested of his
authority and the cause of the arrest (Section 8, Rule 113 Revised Rules of
Criminal Procedures), in the dialect or language known to him, except when
he flees or forcibly resists before the officer has the opportunity to so inform
him or when the giving of such information will imperil the arrest. The officer
meet not have the warrant in his possession at the time of the arrest but after
the arrest, if the person arrested so requires, the warrant shall be shown to
him as soon as practicable.
3. The person arrested, with or without warrant, shall be informed of his
constitutional right to remain silent and that any statement he might make
could be used against him. He shall have the right to communicate with his
lawyer or his immediate family. It shall be the responsibility of the arresting
officer to see to it that this is accomplished.
4. A person arrested without a warrant shall be immediately brought to the
proper police station for investigation without unnecessary delay, and within
the time prescribed in Article 125 of the Revised Penal Code, as amended
( i.e., 12, 18, or 36 hours , as the case may be), shall be subjected to inquest
proceedings under Section 7, Rule 112 of the 2000 Rules of Criminal
Procedure.
5. No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against an arrested person. The bringing of
arrested persons to secret detention places, solitary confinement
(incommunicado) or other forms of detention is prohibited.
Odiongan, Romblon
6. If the person arrested without a warrant waives his right under the
provisions of Art 125 of the Revised Penal Code the arrestng officer shall
ensure he shall sign a waiver of detention in the presence of his counsel of
choice
7. If the person arrested waives his right against self incrimination and opts to
give his statement, the arresting officer shall ensure that the waiver shall be
made in writing and signed by the person arrested in the presence of a
counsel of his own choice or a competent and independent counsel provided
by the government.
Authority Given to the Arresting Officer in Making an Arrest
1. Officer may summon assistance- an officer making a lawful arrest may

orally summon as many persons as he deems necessary to assist him in
effecting the arrest. Every person so summoned by an officer shall assist him
in effecting the arrest when he can render such assistance without detriment
to himself.
2. Right of officer to break in building or enclose- An officer in order to make
an arrest either by virtue of a warrant, or without a warrant, may break into
building or enclose where the person to be arrested is or is reasonably
believed to be, if he is refused admittance thereto, after announcing his
authority and purpose.
3. Right to break out from building or enclosure- whenever an officer has
entered the building or enclose to make an arrest, he may break out there
from when necessary to liberate himself.
4. Arrest after escape or rescue- if a person lawfully arrested escapes or is
rescued, any person may immediately pursue to retake him without a warrant
at anytime and in any place within Philippines.
SEARCHES AND SEIZURES
Search defined
It is thorough examination of; look over carefully in order to find something
It is an examination of a person or personal effects of in order to find

something lost or concealed
It is an examination of another’s premises (including a vehicle) to look for

evidence of criminal activity.
It is unconstitutional under the 4rth and 14 th Amendment for law enforcement

officers to conduct a search without a “search warrant” issued by a judge or
without facts which give the officer “probable cause” to believe evidence of a
specific crime is on the premises and there is not eough time to obtain a
search warrant.
Odiongan, Romblon
Search Warrant Defined- it is 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 bring
it before the Honorable Court.
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, and
particularly describing the place to be searched and the things to be seized
which may be anywhere in the Philippines.
Odiongan, Romblon
Instruction: Answer and explain briefly all the question
1. What is Arrest?
2. What is Warrant of Arrest?
3. What is Search Warrant?

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ROMBLON STATE UNIVERSITY

Institute of Criminal Justice Education

Law Enforcement Operations and Planning

ARRESTS, SEARCHES AND SEIZURES

PLANNING THE ARREST

1. If the arresting party is composed of two (2) or more members, somebody

Arrest- Is the actual restraint of the person to be arrested or by his submission

No violence or unnecessary force shall be used in making an arrest, and the

Modes of arrest- An arrest may be made by virtue of a Warrant of Arrest, or

Warrant of arrest-it is an order in writing issued in the name of the People of

Who Issues a Warrant of arrest-only judges are authorized to issues Warrant

When warrant of Arrest not necessary- A warrant of Arrest is no longer

Immunity from arrest

1. A Senator or House of Representative shall in all offenses punishable by

Procedures in Serving Warrant of Arrest

Duties of the Arresting Officer

Authority Given to the Arresting Officer in Making an Arrest

1. Officer may summon assistance- an officer making a lawful arrest may

SEARCHES AND SEIZURES

It is thorough examination of; look over carefully in order to find something

It is an examination of a person or personal effects of in order to find

It is an examination of another’s premises (including a vehicle) to look for

It is unconstitutional under the 4rth and 14 th Amendment for law enforcement

Requisites for issuance of Search Warrant- A search warrant shall be issued

Instruction: Answer and explain briefly all the question

2. What is Warrant of Arrest?

3. What is Search Warrant?

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