Lecture on Arrest

7/27/2019 Lecture on Arrest

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POLICE REGIONAL OFFICE 5Camp General Simeon A Ola, Legazpi City


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ARREST DEFINED.

Arrest it the taking of aperson into custody so he can

answer for the commission of

an offense.

ARREST


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Senators orMembers of the House of

Representatives, while Congress is in

session, in all offenses punishable by

not more than six (6) yearsimprisonment. (Sec. 11, ART VI, 1987

Constitution.)

Diplomatic Officials and their

domestics. (Rep. Act No. 75.)

WHO ARE EXEMPT FROM

ARREST?


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It shall be duty of the officer

executing the warrant without

unnecessary delay to arrest theaccused and to deliver him to

the nearest police station or

jail. (Sec 3, Rule 113, Rules ofCourt.)

DUTY OF ARRESTING OFFICER


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INVESTIGATOR / OPERATIVE identifieshimself in a Clear and Audible Voice.

- Show identification.

- Inform the subject that he is under

arrest.- Consider the possibility that the subject

is wanted for other crimes.

METHODS OF ARREST:

1. With warrant of arrest

2. Without a warrant of arrest

INITIAL CONTACT WITH SUBJECT


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Be natural and pleasant but forceful and aggressive.

Dominate the situation.

Voice must command authority.

Demand prompt and absolute obedience. Nervousness should be controlled.

Avoid acting tough as the subject will be first todetect it.

Avoid profanity (this reflects personality weakness.)

Avoid being reticent or apologetic.

Avoid unnecessary conversation.

Investigator in charge does the talking and gives thecommands.

INVESTIGATORs / OPERATIVEs

CONDUCT


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This is a responsibility of the chief team leader or

officer acting in his absence.

If the arresting party is composed of two (2) ormore members, somebody must be placed incharge, preferably the most experienced.

Consider the arresting party and covering party.

Consider protection of innocent bystanders.

Prevent escape of subject. Make a discreet reconnaissance of the area.

Determine weapons and equipment needed.

PLANNING THE ARREST


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Consider superiority of manpower and firepower.

Make the plan simple enough to be understoodby the least experienced operative/investigator.

Consider the element of SURPRISE. (Daybreakhas proven satisfactory for a number of

successful arrests.) Consider SPEED in the execution of the plan.

Consider overall coordination.

Consider concealment or cover that might beavailable both in effecting the arrest andremoving the subject from the building.

The briefing officer should ask the participants ifthey have any questions regarding the plan.

PLANNING THE ARREST


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IN GENERAL

AN ARREST is made by an actual restraintof the person to be arrested, orby hissubmission to the custody of the personmaking the arrest.

No violence orunnecessary force shall beused in making an arrest, and the person

arrested shall not be subjected to any greaterrestraint than is necessary for his detention.(Sec. 2, Rule 113.)


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This should be made from the side orrear when possible.

Subject should be forced toward abuilding.

Avoid congested areas when possible.

ARREST ON THE STREET


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Restrict the subjects movement. Donot grant requests for personal

privileges before being searched.

Clothing and other things requestedshould b e examined for weapons or

items of evidence before turningthem over to the subject.

ARREST AT HOME, OFFICE or

BUSINESS ESTABLISHMENT


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12 hrs for the crimes or offenses

punishable with light penalties;

18 hrs for crimes or offenses

punishable with correctional penalties;

and

36 hrs for crimes or offenses

punishable with afflictive or capital

penalties.

PERIODS WITHIN WHICH PERSON ARRESTED

WITHOUT A WARRANT SHOULD BE CHARGED IN

THE FORUM


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Any member of the bar shall, at the request of theperson arrested or of another on his behalf, have theright to visit and confer privately with such person,in jail or any other place of custody at any hour ofthe day or, in urgent cases, of the night. This right

shall be exercised by any relative of the personarrested subject to reasonable regulation. (Sec. 14,Rule 113.)

Executive Order No. 155, dated 30 March 1987,amending Republic Act No. 857, penalizes any publicofficer who deprives a person of his right to counsel.The penalty shall be Prison Correccional orimprisonment of6 months and 1 day to 6 years.

RIGHT OF ATTORNEY or RELATIVE TO VISIT

PERSON ARRESTED


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Immediately After the Arrest of aperson ordered arrested by the court,or of a suspect under investigation, heshould be subjected to a medical

examination. Prior to his Release orAny Change of Custody, the suspectshould also be medically examined by

a Medico-Legal Officer, or, in theabsence of such medico-legal officer,by any Government Physician in thearea.

MEDICAL EXAMINATION OF ARRESTED

PERSON/SUSPECT


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RIGHT OF PERSON ARRESTED

Republic Act No. 7438 states the

right of a person arrested, detainedor under custodial investigation.


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SEARCH DEFINED

Search is an examination of an

individuals person, house, papersor effects, or other buildings and

premises to discover contraband

or some evidence of guilt to beused in the prosecution of a

criminal action.

SEARCH


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SEARCH WARRANT DEFINED.

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 describedtherein and to bring it before the

court


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A search warrant may be issued for thesearch and seizure of the following personalproperty:

- Property subject of the offense;- Property stolen or embezzled and

other proceeds or fruits of the offense; and

- Property used or intended to be usedfor committing an offense.

PERSONAL PROPERTY TO BE

SEIZED


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PROBABLE CAUSE REQUIRED FOR A

SEARCH WARRANT

Probable cause means that

sufficient facts must be presentedto the judge issuing the warrant to

convince him that circumstances

sufficiently establish the need forthe issuance of the warrant.


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Generally, articles not included in thesearch warrant may not be seized. However,

articles prohibited by a statute, although not

included in the search warrant, may be seized.

Thus, if during the progress of a bona fidesearch for other commodities illegally

possessed, whether with search warrant or not,

contraband or items declared as illegal per se

are discovered, the contraband can be seized.The seizure of goods, the possession of which

is forbidden by statute, violates no

constitutional right of the accused.

MAY THINGS ILLEGALLY SEIZED BE

ADMITTED as EVIDENCE?


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A search warrant must be served within 10 days from its date(thereafter, it shall be void) in the following manner:

Police Officer concerned must be go to the place indicated inthe search warrant and take the things described therein, inthe presence ofat least one competent witness who is aresident of the neighborhood. If he is refused admittance tothe place after giving notice of his purpose and authority, hemay force himself in to execute the warrant; and if he isdetained therein, he may force himself out to liberate himself.

The search must be made at daytime, unless otherwisestated.

The officer seizing the property must issue a detailed receiptof the things seized to the person in whose possession it wasfound, or in the absence of such person, he must, in thepresence of at least one witness, leave such receipt in the

place where such things were seized.

HOW TO SERVE A SEARCH WARRANT


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Wall Search

Standing Search

Kneeling Search

Prone Search

TYPES OF SEARCHES


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Lecture on Arrest