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Activity: Reason To Search: Submitted By: Sandy Angenette Catbagan Submitted To: Mr. Alex P. Sarmiento
Activity: Reason To Search: Submitted By: Sandy Angenette Catbagan Submitted To: Mr. Alex P. Sarmiento
Activity: Reason To Search: Submitted By: Sandy Angenette Catbagan Submitted To: Mr. Alex P. Sarmiento
ACTIVITY:
REASON TO SEARCH
MEMORANDUM
FOR : The Provincial Director
La Union Provincial Police Office
Carlatan, San Fernando, La Union
2. March 03, 2021, 2:00 PM, Ili Sur, San Juan, La Union
That on March 03, 2021, approximately 2:00 in the afternoon, all around is busy in depositing and
withdrawing money at the Banco de San Juan. Suddenly a car came and stopped near the entrance
of the bank. In few seconds, four masked men with weapons entered the bank. Wherein victim
one, Manuelito Sagun Security Guard, was shot by one of the suspects, as a result the victim
sustained multiple gunshot wound in the different parts of the body. Then after that, they took
positions and warned the people of dire consequences if they tried to move. They told everyone to
raise hands and turn their faces towards the wall. Two of the men went to the Manager’s office
and demanded the kits to the strong room; they had snapped the connections of all the telephones.
The robbers then entered the strong room and instructed the cashier to open the cash box. They
took all the cash and filled it in the bags. Then, hurriedly all the robbers left the bank using their
getaway vehicle and warned everyone that it anyone tried to follow, they would kill them.
4. Other Facts
The Suspect flew using their getaway vehicle (Montero sport) and the suspects have not yet been
identified.
5. The Police arrive at the Bank and the case is under investigation
Entry # 5680 March 03, 2021 8:00 PM - That on March 03, Team of the
2021, approximately PNP
2:00 in the personnel
afternoon, all responded to
around is busy in the said report
depositing and and conducted
withdrawing money further
at the Banco de San investigation.
Juan. Suddenly a car
came and stopped Case still
near the entrance of under
the bank. In few investigation
seconds, four
masked men with
weapons entered the
bank. Wherein
victim one, Security
Guard, was shot by
one of the suspects,
as a result the victim
sustained multiple
gunshot wound in
the different parts of
the body.
POLICE BLOTTER
Catbagan, Sandy Angenette A.
Bs- Criminology
ACADEMIC PAPER
PROBABLE CAUSE
- The probable cause standard is more important in Criminal Law than it is in Civil
Law because it is used in criminal law as a basis for searching and arresting persons and depriving them
of their liberty. Civil cases can deprive a person of property, but they cannot deprive a person of liberty.
In civil court a plaintiff must possess probable cause to
levy a claim against a defendant. If the plaintiff does not have probable cause for the claim, she may late
r face a Malicious
Prosecution suit brought by the defendant. Furthermore, lack of probable cause to support a claim mean
s that the plaintiff does not have sufficient evidence to support the claim, and the court will likely dismis
s it.
- In the criminal arena probable cause is important in two respects. First, police must possess probable cau
se before they may search a person or a person's property, and they must possess it before they may arre
st a person. Second, in most criminal cases the court must find that probable cause exists to believe that t
he defendant committed the crime before the defendant may be prosecuted.
- There are some exceptions to these general rules. Police may briefly detain and conduct a limited search
of a person in a public place if they have a reasonable suspicion that the
person has committed a crime. Reasonable suspicion is a level of belief that is less than
cause. A police officer possesses reasonable suspicion if he has enough knowledge to
lead a reasonably cautious person to believe that criminal activity is occurring and that the individual pla
yed some part in it. In practice this requirement means that an officer need not possess the measure of kn
owledge that constitutes probable cause to Stop and
Frisk a person in a public place. In any case, an officer may not arrest a person until the
officer possesses probable cause to believe that the person has committed a crime.
- On my opinion on the video presented, the Police Officer have a sufficient probable cause because he
has sufficient reason based upon known facts to believe a crime has been committed or that certain
property is connected with a crime and Probable cause must exist for a law enforcement officer to make
an arrest without a warrant, search without a warrant, or seize property in the belief the items were
evidence of a crime. And as long as is an acceptable degree of suspicion relating to the actual
statistical probability or as dictated by generally acceptable standard of customs and common
behavior that a crime has been committed by the suspect, then such is probable cause. There exist
several facts that warrant probable cause beyond doubt ranging from the suspects behavior after the
robbery incidence and the prevailing circumstances regarding the robbery incidence to the
observance of generally accepted standards of conduct and behaviour.
- To start with, the suspects behaviour to flee away speeding just after the occurrence of the robbery
incidence and subsequent reporting of a robbery attack with a description of the suspect giving a
strong basis to either doubt his behavior, innocence and lack of having been a party to the robbery
attack and therefore a justified grounds that he had been involved in the attack hence probable
cause.
- At the same time, the suspect is said to disappear (Montero Sport) towards the direction given by the
Police to him, is a common route taken by robbers after carrying out their robbery attacks. This
leaves an undoubted level of suspicion regarding the suspect, there is a high probability that the
suspect had been involved in the robbery attach and is running away, as a result therefore, any
prudent member of the public or agent of the law is justified to belief and think that the suspect had
committed the crime or was involved in it and can therefore claim probable cause.
- After some time, a car matching the one used by the suspect to escape is spotted racing down to the
north bound Ili Sur Street, the same route that had been taken by the suspects. In this regard and
considering the circumstances, any agent of the law has the right and is justified to seek arrest, seek
an arrest warrant or conduct a personal or property search on the suspect to ascertain the suspect’s
innocence or valid involvement in the crime.
- As a result of this, Captain Catbagan who is acting in the capacity of an agent of the law has every
reason to doubt the suspects innocence and is justified in either making an arrest, to obtain an arrest
warrant against the suspect or conduct a property or personal search which are all acceptable
standards on probable cause. In addition, the suspect’s behaviour not to stop after he had been
ordered to “stop” by Chief Catbagan adds to a reasonable belief that he had committed the crime and
therefore as supported by circumstances, this is sufficiently strong to justify a prudent and seeks to
caution a persons and (or) the police’s belief that certain facts including his apparent involvement in
the robbery are true to a certain degree facilitating probable cause.
Catbagan, Sandy Angenette A.
Bs- Criminology
ACADEMIC PAPER
Search and seizure is a procedure used in many civil law and common law legal systems by
which police or other authorities and their agents, who, suspecting that a crime has been
committed, commence a search of a person's property and confiscate any relevant evidence
found in connection to the crime.
Police and law enforcers use the search and seizure in pursuit of criminals in order to obtain
evidence required in their prosecution. Search and seizure can be conducted upon a reasonable
belief that information or items on premises can be used in committing a criminal offense.
Although police can search premises and seize items, the law protects citizens against
unreasonable police intrusions. Criminal law defines a search as an intrusion with an intention
other than arrest. Seizure implies deprivation of liberty over private property or persons through
physically taking possession of personal property. Police can use legal authority or physical power
limiting the individual’s liberty to flee or leave. Individuals can be compelled to produce
documents or give up an item. Police seize items to use as evidence in court or simply take them
permanently from holders. Law enforcers can temporarily detain a person for short periods of time
as defined by their jurisdiction or permanently hold material evidence for use as evidence during
prosecution. Search and seizure can be used independently so a search can occur without seizure
and vice versa. Seizure just like searches require one to come with well-defined warrants but
where probable and reasonable cause exist, a warrant does not apply.
Reasonableness under criminal justice system requires law enforcers to prove articulate suspicion
to warrant a search, seizure or an arrest. Reasonable causes under the fourth amendment provide
the basis for a search warrant which proves a connection to a crime or the criminal. Therefore, an
officer seeking to conduct an arrest or a search should have sufficient facts or a reasonable
suspicion of a criminal activity. Using sufficient knowledge of a crime or a threat, officers can
apply under oath for a proper warrant to search, seize and arrest suspects
Seizure allows officers to restrict individuals from walking away from a stop. If a reasonable
justification exists, a police can stop and frisk and individual for weapons or narcotics based on
suspicious movements or objects. Stop and frisk occur along roadside stops or luggage
checkpoints. Stop and risk violate privacy expectation and require no warrant or probable cause to
make an arrest. In this situation, the police he police seek to protect themselves and those nearby.
However, the police can request personal approval to conduct a frisk.
Here in the Philippines, a police officer who conducts search and seizure must be armed with a
valid search warrant. This is based on Rule 113 of the Rules of Court. In addition, he is required to
bring at least two witnesses during the conduct of the search (two – witness). Frisking is allowed
but the police officer is only allowed to seize on matters which could be seen and touched by him
(plain view doctrine)
Sec. 2. Court where application for search warrant shall be filed. – An application for search warrant
shall be filed with the following:
(a) Any court within whose territorial jurisdiction a crime was committed.
(b) For compelling reasons stated in the application, any court within the judicial region where the crime
was committed if the place of the commission of the crime is known, or any court within the judicial
region where the warrant shall be enforced.
However, if the criminal action has already been filed, the application shall only be made in the court
where the criminal action is pending.
Sec. 3. Personal property to be seized. – A search warrant may be issued for the search and seizure of
personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense.
Sec. 4. Requisites for issuing search warrant. – A search warrant shall not issue except 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 witness he may produce, and
particularly describing the place to be searched and the things to be seized which may be anywhere in
the Philippines.
Sec. 5. Examination of complainant; record. – The judge must, before issuing the warrant, personally
examine in the form of searching questions and answers, in writing and under oath, the complainant and
the witnesses he may produce on facts personally known to them and attach to the record their sworn
statements, together with the affidavits submitted.
Sec. 6. Issuance and form of search warrant. – If the judge is satisfied of the existence of facts upon
which the application is based or that there is probable cause to believe that they exist, he shall issue the
warrant, which must be substantially in the form prescribed by these Rules.
Sec. 7. Right to break door or window to effect search. – The officer, if refused admittance to the place
of directed search after giving notice of his purpose and authority, may break open any outer or inner
door or window of a house or any part of a house or anything therein to execute the warrant to liberate
himself or any person lawfully aiding him when unlawfully detained therein.
Sec. 8. Search of house, room, or premises to be made in presence of two witnesses. – 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.
Sec. 9. Time of making search. – The warrant must direct that it be served in the day time, unless the
affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a
direction may be inserted that it be served at any time of the day or night.
Sec. 10. Validity of search warrant. – A search warrant shall be valid for ten (10) days from its date.
Thereafter, it shall be void.
Sec. 11. Receipt for the property seized. – The officer seizing the property under the warrant must give a
detailed receipt for the same to the lawful occupant of the premises in whose presence the search and
seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of
sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found
the seized property.
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) 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.
(c) 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.
Sec. 13. Search incident to lawful arrest. – A person lawfully arrested may be searched for dangerous
weapons or anything which may have been used or constitute proof in the commission of an offense
without a search warrant.
Sec. 14. Motion to quash a search warrant or to suppress evidence; where to file. – A motion to quash a
search warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by the
court where the action has been instituted. If no criminal action has been instituted, the motion may be
filed in and resolved by the court that issued search warrant. However, if such court failed to resolve the
motion and a criminal case is subsequently filed in another court, the motion shall be resolved by the
latter court.
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 1, LA UNION
SALDY LANORIA
SAMUEL LANORIA
The Applicant, PCPL. REYNALDO MARZAN of the SAN JUAN POLICE STATION, after having been
duly sworn, states:
That on __4th Day __., ____March______ personally appeared to the office of San Juan, Police
Station and reported that SALDY LANORIA AND SAMUEL LANORIA located at ILI SUR,
SAN JUAN, LA UNION is engaged in the illegal operation of _BANK
ROBBERY_______________; (See Photos and Sketch as Annex “A”).
That relative to the said information, at around 2:00 PM the informer and __victim__ together with the
undersigned conducted investigation and surveillance operation at __BANCO DE SAN JUAN_____,
located at ___ILI SUR, SAN JUAN____, __LA UNION__. The undersigned together with
__WITNESS__ and ___INFORMAN_ inquires to the said office about ____5:00 PM___.
That on the said occasions SALDY LANORIA AND SAMUEL LANORIA disclosed that they are
(illegal activities). (See photos & sketch and See Attached Calling Card, List of Requirements,
Studio Romano Job Order Form & MTC Job Information as
Annexes “B” - “C”)
(modus operandi).
That on the said investigation and surveillance operation the undersigned confirmed and believes
that SALDY LANORIA AND SAMUEL LANORIA and/or any of its Officer, Agents,
employees of ___BANCO DE SAN JUAN____________, is indeed engaged in __Bank
Robbery_.
The properties, articles, objects and items which are used and/or intended to be used in the
commission of the afore-stated offense in the possession of the SALDY LANORIA AND
SAMUEL LANORIA includes the following:
a. Leads
b.
The undersigned has personally verified the report thru surveillance and investigation activities together
with __Barangay Officials DOMINADOR BERNADO,GERINO PAJIMOLA, DANILO GUNDRAN and
____2 Police Officer____, to ascertain the veracity thereof and found the same to be true and correct;
PRAYER
WHEREFORE, the Undersigned respectfully prays:
a. that the Honorable Court include in the Search Warrant and express authority to conduct the raid of
the above-mentioned premises at any time of the day or night including SATURDAYS and
SUNDAYS considering that these are the days when the customer traffic are at its peak and to break
open the premises to be searched should the owner thereof refuse entry in the premises or is absent
therein.
b. that this Honorable Court cause the immediate issuance of a Search Warrant commanding any Peace
Officer to conduct a search on the above-described premises and to seize the above-described items
to be dealt with as the law directs;
(Date), (Place).
PCPL. REYNALDO MARZAN
Applicant
ADMISSABILITY OF EVIDENCE
What is Evidence? Evidence is defined as any material which tends to persuade the court of the
truth or probability of some fact alleged or asserted before it. There are three types of evidence
namely: oral testimony, documentary evidence, real evidence and circumstantial evidence.
(b) Evidence relevant to a fact in issue: Facts are not directly in issue yet they are relevant because they
help to facilitate prove or disprove facts in issue. The way to establish that these facts are relevant is to
look at the logic and common experience.
Admissability
The evidence that pass the relevance test as shown above are said to be admissible evidence
unless in certain circumstances they are excluded by rules of evidence regardless of whether they
are facts in issue, evidence of facts relevant to facts in issue , evidence of facts relevant to
admissibility and credibility.
Catbagan, Sandy Angenette A.
Bs- Criminology
ACADEMIC PAPER
MIRANDA WARNING
The Miranda Warning is the statement of the rights provided for the person who is taken into
custody. The procedure should be realized before the interrogation process is started. It is the
obligation of policemen to inform the arrested person that he or she can remain silent before the
attorney is present. There are several variants of the Miranda Warning, and they can be various in
different states.
The most typical warning starts with “You have the right to remain silent. Anything you say can
and will be used against you in a court of law. You have the right to an attorney. If you cannot
afford an attorney, one will be provided for you” It is also necessary to receive the positive answer
to the question “Do you understand the rights I have just read to you?”
When this question is not answered because the person does not know the language or cannot
provide the answer because of the definite disabilities, the necessary conditions should be created
to inform the person about the rights and receive the answer on understanding the warning . The
ignorance of this question and answer can result in misconceptions and further legal
consequences.
However, there are many details associated with Miranda Rights. People should be informed
about their rights to remain silent and speak in the presence of the attorney only when they are
arrested officially. When the person is not arrested, but he should be asked about the definite
crime, the Miranda Rights do not work.
Those people, who are not in custody and not officially interrogated, are not protected with
references to the Miranda Rights. In this case, the persons’ answers to the policemen’s questions
can be used against them. And the opposite side of the process is presented in the fact that when
the person is in custody he must be provided with the Miranda warning without references to the
situation and place.
The importance of Miranda Rights is in their protective character. However, the persons should be
responsible in relation to their rights and freedoms and understand the situations when the
Miranda Warning is not provided. The necessity to inform the persons in custody about their
rights is a result of misconceptions and violating the human rights with references to Ernesto
Miranda’s case. It is important to protect the suspects from being accused because of their
possible self-incrimination, and the developed Miranda Warning is the effective preventive
procedure used by policemen in the process of arresting suspects.
MIRANDA RIGHT
1. The deterrence of unreasonable searches and seizures as stated ‘The rule is calculated to prevent, not
repair. Its purpose is to deter to compel respect for constitutional guaranty in the only effective
available way by removing the incentive to disregard it.
2. Second is the ‘imperative of judicial integrity,’ i.e., that the courts do not become ‘accomplices in
the wilful disobedience of a Constitution they are sworn to uphold…by permitting unhindered
governmental use of the fruits of such invasions. A ruling admitting evidence in a criminal trial has
the necessary effect of legitimizing the conduct which produced the evidence, while an application
of the exclusionary rule withholds the constitutional imprimatur.
3. Third is the more recent purpose pronounced by some members of the United States Supreme Court
which is that ‘of assuring the people all potential victims of unlawful government conduct that the
government would not profit from its lawless behavior, thus minimizing the risk of seriously
undermining popular trust in government.’ The focus of concern here is not the police but the public.
Yes, When a vehicle is stopped and subjected to an extensive search, such a warrantless search has
been held to be valid only as long as the officers conducting the search have reasonable or probable
cause to believe before the search that they will find the instrumentality or evidence pertaining to a
crime, in the vehicle to be searched.
Republic of the Philippines
Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
Regional Office 1
Carlatan, San Fernando, La Union
Tel. No. 026-2737-288
COMPLAINT SHEET
Complaint No. 568 Date: March 04, 2021
9. Name(s) of Victim(s) 10. Age 11.Sex 12. Address 13. Tel No.
That on March 03, 2021, approximately 2:00 in the afternoon, all around is busy in depositing and
withdrawing money at the Banco de San Juan. Suddenly a car came and stopped near the entrance of
the bank. In few seconds, four masked men with weapons entered the bank. Wherein victim one,
Manuelito Sagun Security Guard, was shot by one of the suspects, as a result the victim sustained
multiple gunshot wound in the different parts of the body. Then after that, they took positions and
warned the people of dire consequences if they tried to move. They told everyone to raise hands and
turn their faces towards the wall. Two of the men went to the Manager’s office and demanded the
kits to the strong room; they had snapped the connections of all the telephones. The robbers then
entered the strong room and instructed the cashier to open the cash box. They took all the cash and
filled it in the bags. Then, hurriedly all the robbers left the bank using their getaway vehicle and
warned everyone that it anyone tried to follow, they would kill them.
I certify that the details of the complaint/info SUBSCRIBED AND SWORN to before me this
stated above are true and correct to the best of _4th day of March, 2021 at Carlatan, Regional
my knowledge. Police Station.
DEZENA _ROAQUIN_______
Printed Name & Signature of
Complainant/Informer
CONFIDENTIAL
Republic of the Philippines
Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
Regional Office
Carlatan, San Fernando, La Union
1. CALIBRE 45 2
2. AK 47 1
3. M1 GARAND CARBINE 3
CONVERSION
4. MONEY BAG 30 MILLION
5. GET AWAY VEHICLE AKG 98708
Witness by:
DOMINADOR BERNADO
BRGY CAPTAIN
GERINO PAJIMOLA
BRGY KAGAWAD
DANILO GUNDRAN
BRGY KAGAWAD