CRIME SCENE DO NOT CROSS CRIME SCENE DO NOT CROSS

WITNESS PROCESSING FOR TESTIMONIAL EVIDENCE

At the end of this subject, the participants will be

able to:
1. Know the definition of Arrest, Search and Seizure and
its importance.
2. Acquire basic knowledge on what is the procedural
aspect in making arrest.
3. Familiarization on the application of search warrant
and the taking of affidavits of deponent.
4. Build self-confidence while in the field of investigation.
 Arrest, search and seizure

Definition of Terms:
Arrest is the taking of a person into custody in
order that he may be bound to answer for the
commission of an offense.
Search is an examination of an individual’s
person, house, papers or effects, or other buildings
and premises to discover contrabands or some
evidence of guilt to be used in the prosecution of a
criminal action.
Seizure is the confiscation of personal
property by virtue of a search warrant issued for
the purpose.
 Arrest, search and seizure
Arrest, how made: ( Sec. 2, Revised POP Manual)
An arrest is made by an actual
restraint of a person to be arrested,
or by his submission to the custody
of the person making the arrest.

Duty of arresting officer: (Sec. 2, Revised POP

Manual)
It shall be the duty of the officer executing the
warrant to arrest the accused and deliver him to
the nearest police station or jail without
unnecessary delay.
 Arrest, search and seizure

Arrest without warrant; when lawful (Sec.5)

A peace officer or a private

person may, without a warrant, arrest
a person:

(a) When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to
commit an offense;

(b) When an offense has just been committed and he has

probable cause to believe based on personal knowledge
of facts or circumstances that the person to be arrested
has committed it; and
 Arrest, search and seizure

(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 is temporarily confined while his
case is pending, or has escaped while being transferred
from one confinement to another.

In cases falling under paragraphs (a) and (b) above, the

person arrested without a warrant shall be forthwith
delivered to the nearest police station or jail and shall be
proceeded against in accordance with section 7 of Rule
112.

Time of making arrest: (Sec. 6)

An arrest may be made on any day and at any
time of the day or night.
 Arrest, search and seizure

Valid Warrantless Searches and Seizures

(Sec 9, Rule 17, PNP POP)

Warrantless Searches and Seizures are lawful under any

of the following circumstances:
a. Search made incidental to a valid arrest
b. Search of moving vehicles
c. Seizure of evidence in plain view.
d. When there is waiver of the right or there is
consented search
e. Searches Under Stop and Frisk Rule
f. Emergency and Exigent Circumstances
g. Tipped Information
 Arrest, search and seizure

Method of arrest by private person: (Sec.9)

When making an arrest, a private person
shall inform the person to be arrested of the
intention to arrest him and the case of the
arrest, unless the latter is either engaged in
the commission of an offense, is pursued
immediately after its commission, or has
escaped, flees, or forcibly resists before the
person making the arrest has opportunity to
so inform him, or when the giving of such
information will imperil the arrest.
HOW TO MAKE A 1. Witness a crime taking place. It's not a
good idea to make a citizen's arrest unless
CITIZEN ARREST you've actually witnessed a crime
happening. Later, when the police arrive, you
will have to provide "probable cause" for
making the arrest, meaning you will have to
show that you had a reasonable belief that a
certain person committed a crime.
 It's legal to make a citizen's arrest when
you observe a crime happening. For
example, if you see one person use a
knife to stab another person, you've
witnessed a crime and can detain the
perpetrator.
 The crime must have already happened in
order for you to legally make an arrest.
Don't arrest someone if the crime hasn't
yet been committed; call the police.
 Hearsay is usually not a good enough
reason to make a citizen's arrest. For
example, don't make a citizen's arrest if
you overhear someone talking about
robbing a bank. If you're wrong, you will be
2. Determine whether the crime is a felony. In most states, it's legal to
make a citizen's arrest when you see or have reasonable cause to believe
that a person committed a felony. Citizen's arrests are not usually legal when
the crime committed is only a misdemeanour. Since the definition of a felony
varies slightly from state to state, it's a good idea to read up on your state's
individual laws. In most cases, you can be sure the following crimes are
felonies:
 Murder, rape, or assault resulting in bodily injury
 Theft that defends on the worth
 Indecent exposure before a child
 Hit and run
 Arson
3. Assess whether the crime constitutes a breach of peace. In some cases
you can make a citizen's arrest if the crime is a misdemeanour that also could
be considered a breach of peace. If you arrest someone for committing a crime
that falls into this category, it's necessary that you witnessed the crime
firsthand. Here are a few examples of misdemeanours considered breaches of
peace in some states:
 Public intoxication
 Firing a restricted weapon, or being wilfully irresponsible with a weapon
(Do not attempt to detain person that is practicing their right to lawful open
carry)
4. Decide if you can safely make
a citizen's arrest. If you make a
citizen's arrest, the situation could
easily escalate beyond your
control. Be sure you're physically
able to constrain the person you
want to arrest before you attempt
to do so, or you might get hurt and
put others in harm's way.
 Don't make a citizen's arrest if
you could easily call the police
instead.
 Think very hard before making a
citizen's arrest if the perpetrator
is armed in any way. It's probably
best to call the police.
5. Understand the consequences of making a citizen's
arrest. When you're deciding to make an arrest, be absolutely sure that
you are in the right and that making the arrest yourself is the best
course of action. If it turns out you were wrong to make the arrest, you
could easily end up getting sued for false imprisonment. Don't make a
citizen's arrest unless you're willing to take the risk of getting sued.
6. Tell the person you're making a citizen's arrest. There are not specific words
you must say, but it's necessary to tell the person you're going to arrest him or her.
Leave it to the police to read the person his or her rights. For now, you need only
state that you're making an arrest.
 Your statement must be clear and the person you are arresting must fully
understand what is happening.
 Explain to the potential criminal why you are making a citizen's arrest. If you
cannot provide him or her with this information, then you shouldn't be making the
arrest.
7. Detain the person using reasonable force. This
is where things get tricky when it comes to making a
citizen's arrest. You are only permitted to use the
amount of force required to detain the person until
the police arrive. Using a greater amount of force
exposes you to legal trouble, so it's important to be
careful not to harm the perpetrator unless it's
absolutely necessary.
 Apprehend the suspect. Attempt to make the
arrest with as little force as possible. When you
get to hold the suspect, Immediately handcuff him
or her.
 Don't use a weapon against the perpetrator when
you can use your own strength. For example, you
can tackle someone to the ground rather than
hitting him or her.
 The use of deadly force is usually not permitted
unless the perpetrator is attacking you or
someone else.
 Make sure the person is in a place of safety while
he or she is detained. You're responsible for what
happens to the person while he or she is under
your control.
8. Call the police. Once the person is detained, don't wait to call the police. The
faster the police can arrive to take control of the situation, the better. Do not
attempt to transport a suspect on your own, as this can result in false
imprisonment charges.
9. Have someone else with you while you wait. Having someone else to help
you detain the person is best for everyone's safety. The person will help make
sure the situation doesn't get violent and serve as a witness in case anything
unexpected happens. Don't attempt to watch someone by yourself while you wait
for the police.
10. Explain in full detail what you witnessed. You will be asked to give a
statement. Make sure to include everything that you witnessed and did during
the criminal act and the citizen's arrest. Be clear about any force you had to use
to arrest the suspect. It is important to have that information on the record as
soon as possible.
Upon arrest the suspect must be inquest in the prosecutor
office for the period of time:

Art. 125. Delay in the delivery of detained persons to the proper

judicial authorities. — The penalties provided in the next
preceding article shall be imposed upon the public officer or
employee who shall detain any person for some legal ground and
shall fail to deliver such person to the proper judicial authorities
within the period of;

 twelve (12) hours, for crimes or offenses punishable by light

penalties, or their equivalent;
 eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent; and
 thirty-six (36) hours, for crimes, or offenses punishable by
afflictive or capital penalties, or their equivalent.
SECTION 10. Medical Examination of Arrested Person/Suspect

Before interrogation, the person arrested shall have the right to be informed
of his right to demand physical examination by an independent and competent
doctor of his own choice. If he cannot afford the services of a doctor of his own
choice, he shall be provided by the State with a competent and independent
doctor to conduct physical examination. If the person arrested is female, she
shall be attended to preferably by a female doctor.

Rule 15. Section 1

Rights of arrested person (Miranda Doctrine)

It must be understood in a language or dialect He or She known:

1) That he has the right to remain silent;
2) That if he waives his right to remain silent, anything he says can be used as
evidence against or favour to him in court;
3) That he has the right to counsel of his own choice;
4) That, if he cannot afford one, he shall be provided with an independent and
competent counsel; and
5) That he has the right to be informed of such rights.
AVP on Arrest Search and Seizure