Warrantless Arrest

WARRANTLESS ARREST,
SEARCHES & CHECKPOINTS

JOSE C. BLANZA, JR.
Assistant City Prosecutor
General Santos City
WHEN LAWFUL WARRANTLESS ARREST
IS MERITED
a. When, in the law enforcer’s presence, the
person to be arrested has committed, is
actually committing, or is attempting to
commit an offense. (Caught in the Act)
b. When an offense has in fact just been
committed, and the officer has personal
knowledge of facts indicating that the person
to be arrested has committed it. (Hot Pursuit)
c. When the person to be arrested is a prisoner
who has escaped from a penal establishment
or place where he is serving final judgment
or temporarily confined while his case is
pending, or has escaped while being
transferred from one confinement to
another.
d. If a person lawfully arrested escapes or is
rescued, any person may immediately pursue
or retake him without a warrant at any time
and in any place within the Philippines.
e. When the arrest is made by a bondsman for
the purpose of surrendering the accused.
f. Where the accused released on bail attempts
to leave the country without court
permission.
g. Violation of conditional pardon, punishable
under Article 159 of the Revised Penal Code
as a case of evasion of service of sentence.
h. Arrest following a Deportation Proceeding by
the Immigration Commissioner against illegal
and undesirable aliens.
“Hot Pursuit” Arrest
• A hot pursuit arrest must have the following
elements:
a. that an offense has been committed,
b. offense has just been committed, and
c. that there is probable cause based on personal
knowledge of facts or circumstances that the
persons to be arrested where the ones who
committed it.
Lawful Warrantless Searches and
Seizures
a. When there is consent or waiver. To be valid
waiver, the right must exist, the owner must
be aware of such right, and he must have an
intention to relinquish it.
The fact that the accused failed to object to the
entry into his house does not amount to a
permission to make a search therein (People vs.
Burgos, 144 SCRA 1)
• Neither can it be presumed that there was a
waiver, or that consent was given by the
accused-appellant to be searched and
arrested simply because he failed to object or
question the same when made (People vs.
Argawanon, 215 SCRA 652)
• If an arrest without warrant is unlawful at the
moment it is made, generally nothing that
happened or is discovered afterwards can
make it lawful (People vs. Burgos, 144 SCRA 1)
Instances when there is consented
search
• Where the accused opened the pants she was
carrying, pursuant to request of the arresting
officer. This was held as voluntary submission.
(People vs. Tabar, 42 SCAD 359)
• The submissive stance after the discovery of
the bag of marijuana, inside the car, as well as
the absence of any sign of protest was held as
a waiver. (People vs. Exala, 221 SCRA 494)
• It is the State which has the burden of
proving, by clear and positive testimony, that
the necessary consent was obtained and that
it was freely and voluntarily given. (Caballes
vs. CA, G.R. No. 136292, January 15, 2002)
b. When evidence to be seized is in “plain view.”
The discovery of the evidence must be
inadvertent or unintentional.
c. Customs search or searches made at
airports/seaports in order to collect duties.
This warrantless search is allowed due to
urgency.
d. Search of moving vehicles may be made
without a warrant because it would be
impracticable to secure a warrant before
engaging in “hot pursuit.” (Bagista 214 SCRA
63)
e. Routine searches made at or in the interest
of national security, such as border checks or
checkpoints.
f. Stop-and-search or stop-and-frisk, where the
search precedes the arrest, and is allowed on
grounds of reasonable suspicion.
g. Search incidental to a lawful arrest. A person
lawfully arrested may be searched for
dangerous weapons or anything which may
be used as proof of the commission of an
offense, without a search warrant.
• It should be noted that the arrest must
precede the search. The search is limited to
body search and to that point within reach or
control of the person arrested, or that which
may furnish him with the means of
committing violence or of escaping or reach
for evidence to destroy it (PP vs. Lua, 70 SCAD
446)
h. Search of Vessels – Search of vessels and
aircraft because of their mobility and the
relative ease in fleeing the state’s jurisdiction
(Roldan vs Arca, 65 SCRA 336).
i. Exigent Circumstances – Justice Reynato
Puno proposed this exception as a catch-all
category that would encompass a number of
diverse situations where some kind of
emergency makes obtaining a search warrant
impractical, useless, dangerous or
unnecessary ( PP vs. Fernandez, 57 SCAD
481)
• Note:
• Things prohibited by law which were illegally
searched and seized does not call for their
return to the owner. (Uy Kheytin vs. Villareal,
42 Phil 886).
DOJ ISSUES ADVISORY OPINION ON
RULES ON MILITARY/POLICE
CHECKPOINTS
24 March 2011
Definitions
• Checkpoint – A place where the military or
police check vehicular or pedestrian traffic in
order to enforce circulation control measures
and other laws, orders, and regulations which
involves only a brief detention of travelers
during which the vehicle’s occupants are
required to answer a brief question or two.
• Brief detention – a brief stoppage or
interruption of travel or motion (in the context
of the conduct of checkpoints).
• Plain view – that which is readily in sight of an
officer who has a right to be in the position to
have that view.
• Probable cause – the existence of such facts
and circumstances as would lead a person of
ordinary caution and prudence to entertain an
honest and strong suspicion that the person
charged is guilty of the crime subject of the
investigation.
• Uniformed personnel – refers to the AFP
and/or PNP personnel wearing their
respective service uniforms with the name
plates and other identification tags.
• Visual search – an eye search using the ‘plain
view’ doctrine.
The general public is hereby advised
on the rules on military/police
checkpoints as follows
1. Checkpoint must be well-lighted, properly
identified and manned by uniformed
personnel.
2. Upon approach, slow down, dim headlights
and turn on cabin lights. Never step out of
the vehicle.
3. Lock all doors. Only visual search is allowed.
4. Do not submit to a physical or bodily search.
5. You are not obliged to open glove
compartment, trunk or bags.
6. Ordinary/routine questions may be asked. Be
courteous but firm with answers.
7. Assert your rights, have presence of mind
and do not panic.
8. Keep your driver’s license and car registration
handy and within reach.
9. Be ready to use your cellphone at anytime.
Speed dial emergency number.
10.Report violations immediately. Your actions
may save others.

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What are the lawful circumstances for warrantless arrest?

What are the lawful circumstances for warrantless searches and seizures?

WARRANTLESS ARREST,

SEARCHES & CHECKPOINTS

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