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Subject Code: CDI 3 Instructor’s Name and Contact Info:

Placement: Pre-lim 2021-2022 PCMS Jonathan B Valdeviezo, (Ret.), MPM, RCrim, MSCrim
August 2 , 2021 Email: valdeviezo_jonathan@fbc.ph.education
Mobile Number: 09612049157
Messenger Account: Temp Exenforce

MODULE ONE: Specialized Crime Investigation 2 (with Simulation on Interrogation and

Interview)

LEARNING OBJECTIVES:
At the end of the lesson, students should be able to:
1. Will be able to study and explain the Constitutional Rights of persons arrested, placed
under investigation, search and seizure.
2. Will be able to know how to arrest, search lawfully.

Introduction
Crime scene often generates tracing evidence that leads to the apprehension of
dangerous criminals. Perhaps just as often though, potentially valuable evidence is destroyed or
rendered useless by careless behavior and handling at the crime scene. Clearly written
directives, procedures and training for crime fighters and police investigators will help law
enforcement agencies to resolve this problem. The ultimate responsibility rests with
administrator, police supervisors and detectives to reinforce positive conduct by setting a good
example for other officers to follow.

The scientific examination of physical evidence is widely accepted as a critical element

in the effort of law enforcement agencies to conduct successful criminal investigations and
prosecutions. The forensic science field is an ever changing discipline holds the key for solving
special crimes.

With the introduction of DNA, new processing technique of latent prints, portable lasers
and electrostatic dust print lifters, the training of evidence technicians has become more
important than ever. These scientific advancement and technological breakthroughs have
increased the possibility and likelihood of collecting and analyzing physical evidence that was
never possible before. The problem starts with the collection of physical evidence from the
crime scene not by the analysis of the evidence. The need for specialized unit in the processing
of all crime is essential. These specialized units called crime scene units should be trained and
equipped to all forms of crime scenes. The crime scene units would have the capability to
professionally evaluate and collect pertinent physical evidence from the crime scenes. In the
Philippines, the Scene of Crime Operation unit or PNP SOCO unit was specifically created to
address this problem. Making it easier for police investigators solve crimes, identify criminals
and provide for the evidences necessary for the prosecution to build a strong case against the
accused.

The Investigator

In the field of special crime investigation, an investigator is the person who is tasked with
the duty of carrying out the objectives of investigation. This is a multi-various hob which involves
identifying the criminals, locating the criminal offender, providing evidence to prove the guilt and
acting as a witness in favor of the prosecution.

The job of the investigator: To carry out the many responsibilities assigned to an
investigator, deductive logic is utilized. In this aspect the logical progression points to the
sequence of events from generic to specific.

The job of the investigator involves the task of identifying the criminal offender,
protecting the crime scene, collection of evidence from the crime scene, interviewing witnesses,
reconstructing the crime scene, tracing and locating the suspect, vigorous questioning of the
suspect in custody and in observance of due process, serves as a witness in favor of the

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aggrieved or offended party. In homicide cases, if the investigator should happen to be the first
responder officer, his primary task is the verification of death of the victim.

Responsibilities of a Homicide Investigator: The various responsibilities of the Homicide Detail

consist of investigating death related crimes, officer involved shootings, jail crimes, missing
persons reports and Internal criminal investigations.

The detail, with the support of an investigative Assistant, Information Processing

Technicians and an Office Technician, effectively responds to and process and an abundant
amount of cases. In addition, the supervising officer is available at all times, by telephone or
pager in order to coordinate and expedite crime scene response.

The homicide unit manned by the best and well trained investigators who are on call 24
hours a day, 7 days a week, and have unlimited access to the office support staff, These
investigators interact constantly with the Office of the Prosecutor, Crime Laboratory, the Medico
Legal Office, The Identification Section as well as other local and foreign agencies concerned
with the criminal Justice such as the National Bureau of Investigation, Philippine Drug
Enforcement Agency, Bureau of Corrections, Bureau of Jail Management and Penology,
Interpol, FBI and the like.

The primary function of the homicide unit is the investigation of death related cases.
These cases are complex, sensitive and often labor intensive. The investigator assigned to this
type of case must demonstrate tremendous skill and experience in their field of work in order to
efficiently process high profile assignments. Investigators assigned to a murder case work on
from the crime scene to conviction. They process the application of search warrants, collect
evidence, conduct intensive interviews and interrogations, attend autopsies, perform death
notification and accomplish all reports for case filing and prosecution.
Homicide investigators are also assigned death investigations in which the patrol officer
or coroner investigator believes suspicious circumstances exists. These cases may ultimately
prove natural death, suicides, accidental death, fire incidents wherein some victims die. It is the
study of the homicide investigator to either include or exclude criminal wrongdoing. In addition to
the above mentioned, the rights of the accused under custodial investigations shall be strictly
observed to wit:

REPUBLIC ACT NO. 7438 – April 27, 1992 – AN ACT DEFINING CERTAIN RIGHTS OR
PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS
THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF.

Section 1. Statement of Policy – It is the policy of the Senate to value the dignity of every
human being and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties

of Public Officers. –

(a) Any person arrested detained or under custodial investigation shall at all times be
assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall inform
the latter, in a language known to and understood by him, of his rights to remain silent
and to have competent and independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the person arrested, detained or
under custodial investigation. If such person cannot afford the services of his own
counsel, he must be provided with a competent and independent counsel by the
investigating officer.

(c) The custodial investigation report shall be reduced to writing by the investigating
officer, provided that before such report is signed, or thumbmarked if the person arrested
or detained does not know how to read and write, it shall be read and adequately
explained to him by his counsel or by the assisting counsel provided by the investigating
officer in the language or dialect known to such arrested or detained person, otherwise,
such investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel
or in the latter's absence, upon a valid waiver, and in the presence of any of the parents,

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elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district
school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of
the Revised Penal Code, or under custodial investigation, shall be in writing and signed
by such person in the presence of his counsel; otherwise the waiver shall be null and
void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed
visits by or conferences with any member of his immediate family, or any medical doctor
or priest or religious minister chosen by him or by any member of his immediate family or
by his counsel, or by any national non-governmental organization duly accredited by the
Commission on Human Rights of by any international non-governmental organization
duly accredited by the Office of the President. The person's "immediate family" shall
include his or her spouse, fiancé or fiancée, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to
a person who is investigated in connection with an offense he is suspected to have committed,
without prejudice to the liability of the "inviting" officer for any violation of law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected
by the case, those charged with conducting preliminary investigation or those charged with the
prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is
chargeable with light felonies;

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the
custodial investigation is conducted, provided that if the municipality of city cannot pay
such fee, the province comprising such municipality or city shall pay the fee: Provided,
That the Municipal or City Treasurer must certify that no funds are available to pay the
fees of assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected
person can only be detained by the investigating officer in accordance with the provisions of
Article 125 of the Revised Penal Code.

Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation of his
right to remain silent and to have competent and independent counsel preferably of his own
choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not
less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual
absolute disqualification shall also be imposed upon the investigating officer who has been
previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone
acting upon orders of such investigating officer or in his place, who fails to provide a
competent and independent counsel to a person arrested, detained or under custodial
investigation for the commission of an offense if the latter cannot afford the services of
his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and conferring privately with him, or
from examining and treating him, or from ministering to his spiritual needs, at any hour of

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the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not
less than four (4) years nor more than six (6) years, and a fine of four thousand pesos
(P4,000.00).lawphi1©

The provisions of the above Section notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may undertake such reasonable measures as may
be necessary to secure his safety and prevent his escape.

Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed.
Other laws, presidential decrees, executive orders or rules and regulations, or parts thereof
inconsistent with the provisions of this Act are repealed or modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in any daily newspapers of general circulation in the Philippines.

A basic guidelines to law enforcement officer’s the members of the SOCO team and the
police investigator on case as well as the first responder in these endeavor is prescribed in the
PNP operational procedures covered by the following provisions:

Crime Scene Investigation

It is the conduct of processes, more particularly the recognition, search, collection,

handling, preservation and documentation of physical evidence to include the identification and
interview of witnesses and- the arrest of suspect/s at the crime scene.

Upon receipt of a report/complaint of a crime incident, the desk officer shall:

a. Record the time the report/complaint was made, the identity of the person who made
the report, place of the incident and a synopsis of the incident.
b. Inform his superior officer or the duty officer regarding the report.

First Responder - any police officer who first arrives at the crime scene and shall endeavor to
protect and secure the same as follows:

a. Cordon off the crime scene with whatever available materials like ropes, straws,
human barricade, police line, if available, etc.,;

b. Evacuate injured persons to the nearest hospital;

c. Prepare to take the “dying declaration of severely injured person, if any;

d. Prevent the entry/exit of persons within the cordoned area; and

e. Prepare to brief the investigators of the situation upon their arrival.

Crime Scene Investigation Proper –

1. Receipt of Briefing and Designation of Command Post. The team leader upon arrival
at the crime scene receives the briefing form from the first responder and shall
immediately designate a command post which is ideally located adjacent to the scene
where the evidence custodian stays and receives the pieces of evidence turned over to
him for safe keeping by the other evidence collectors.

2. Initiation of Preliminary Survey. The team leader makes a general assessment of the
scene, takes a cautious walk-through of the crime scene, takes down extensive notes to
document important factors, and establishes the evidence most likely to be encountered.
He then defines the extent of the search area, and determines personnel and equipment
needed, and makes specific assignments. From his assessments, he develops a general
theory of the crime scene.

3. Preparation of Narrative Report. The team leader uses the systematic approach in
making a narrative report. No item is to insignificant to record if it catches one’s
attention.

4. Documentation of the Crime Scene. The photographer begins taking photographs as

soon as possible. The evidence collectors do not touch or move any evidence once it is

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located until it has been identified, measured, recorded and photograph. Sketches
supplement the photographs. The best tool in documenting the crime scene is the use of
video camera.

5. Crime Scene Sketches. A rough sketch is prepared indicating the actual

measurement of the things with scale and proportion observed and oriented to the North
Pole. All necessary information is placed in the sketch.

6. Collecting of Physical Evidence. The team leader is always informed of significant

evidence located. The evidence collector shall put his initial, location and date of
collection on the item and turn it over to the evidence custodian for documentation and
safekeeping . In cases where the evidence encountered needs special processing due
to significant or sensational cases, The Scene of the Crime Operation (SOCO) specialist
of the Crime Laboratory shall be requested.

7. Conduct of Final Survey. The team leader makes a final review of the crime scene to
determine whether or not the processing has been completed.

8. Release of the Crime Scene. The release of the crime scene shall be done if the
investigator is satisfied that all pieces of evidence have been recovered. Thus, the
investigator must evaluate the items recovered from the result of interrogation of the
suspect/s and the interview of the witnesses. He must bear in mind that upon the formal
release of the crime scene to the proper authority, a warrant is already required for his
re-entry to the crime scene.

Conduct of Interview – While the crime scene is being processed, the team leader shall
designate
other members to look for witnesses and immediately conduct interview. The assigned
investigators shall jot down important facts for the future reference.

Arrest of Suspect/s – Upon arrival at the crime scene, the team leader shall endeavor to arrest
the suspect/s if he is still at the crime scene or the first responder did not arrest the
suspects/s shall be secured and shall be separated from the other witnesses.

Rights of the person under investigation:

You have the right to remain silent, anything that you say can and will be used for or
against you in any court of Law. You have the right to counsel of your own choice and if you
cannot afford, one shall be provided to assist you.

INTERVENTION METHOD BY INVESTIGATORS ON CASE (ARREST AND SEIZURES)

Basic requirements of Police Intervention Operations:

Generally, all police intervention operations (arrest, raid, search, and seizure, checkpoint, etc)
shall be conducted:

a. With a marked vehicle

b. Preferably led by a Commissioned Officer;

c. With personnel with proper police uniform.

I. ARREST : 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 citizen’s arrest (Sec. 5,
Rule 113 Rules on criminal procedures)

Arrest is the actual restraint of a person to be arrested ot by his submission to the

custody of the person making the arrest. No evidence 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.

Time of Arrest – As a general rule, arrest may be made on any day at any time of the day or
night.

Modes of Arrest – An arrest maybe made by virtue of a Warrant of Arrest, or without a warrant
as hereinafter provided.

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Execution of Warrant – The head of the office to which 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 therefor.

Arrest by virtue of a Warrant of Arrest –

a. It shall be the duty of the officer executing the warrant to arrest the accused
unnecessary delay and deliver him to the nearest police station.

b. When making an arrest by virtue of a warrant, the officer shall inform the person top to
be arrested of the cause of the arrest and of the fact that a warrant has been issued for
his arrest, except when he flees of forcibly resist before the officer has the opportunity to
so inform him or when the giving of such information will imperil the arrest. The officer
need 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 practicable.

When is a warrant of arrest not necessary?

(1) When the accused is already under detention pursuant to a warrant issued by the
MTC judge in Rule 112, Sec. 6 (b);

(2) When the complaint or information was filed pursuant to Rule 112, Sec. 7, i.e. a valid
warrantless arrest;

(3) When the offense is penalized by fine only. (Rule 112, Sec. 6 (c) )

(4) When the accused lawfully arrested escapes or rescued (Rule 113, Sec. 13)

Arrest Without a Warrant; when lawful – 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

c. when the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgement or temporarily confined while
being transferred from one confinement to another.

Duties of Arresting Officer in Case of Arrest without a Warrant

a. The arresting officer shall inform the subject or suspect, in the dialect or language
known to him, why he is being arrested, and of his right to remain silent and to have a
counsel of his own choice, to be informed of his authority and the cause of arrest, unless
the person to be arrested is then engaged in the commission of an offense or is pursued
immediately after its commission or after and escapes; or flees or forcibly resist before
the officer has opportunity to so inform him, or when the giving of such information will
imperil the arrest.

b. The arrested person shall be delivered to the proper authorities without unnecessary
delay and within the time prescribed in Article 125 of the Revised Penal Code, as
amended (12, 18, or 36 hours, as the case maybe).

c. The person arrested without a warrant shall be delivered to the nearest police station
or jail, and shall subject of inquest proceedings under Section 7, Rule 112 of the Rules
on Criminal Procedure.

d. If the person arrested without a warrant waives his right to remain silent under the
provisions of Art125 of the Revised Penal Code and opts to give a statement and
present evidence for his defense, the arresting officer shall ensure that the waiver made
by the person arrested shall be in writing and in the presence of his counsel of choice.

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Physical Examination of Arrested Person/Suspect – Immediately after the arrest of a person

arrested by the court. Or of a person ordered arrested by the court, or of a suspect under
investigation, he should be subjected to a physical examination by a medico-legal officer or, in
the absence of such medico-legal officer by any government physician in the area. Prior to his
release or any change of custody, the suspect shall also be physically examined.

Prohibitions – No torture, force, violence, threat, intimidation, or any other means Which
violates the freewill shall be used against the suspect. Secret detention places solitary
confinement (incommunicado) or other similar forms of detention shall be prohibited.

Record check – The officer shall make a record check for the possibility that the arrested
person is wanted for crimes other than that for which he was arrested.

SEARCH AND SEIZURES: Search Warrant Defined – It 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 any property described therein and bring it before the court.

Constitutional Basis: Art. III, Sec. 2, 1987 Constitution:

“The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause 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
search and the person or things to be seized.”

Scope of the prohibition: The prohibition against unreasonable searches and seizures is
imposed only upon the government and its agencies tasked with the enforcement of the law. It
does not extend to acts committed by private individual.

Nature of Right against unreasonable search. and seizure: The right against unreasonable
searches and seizures is personal; it may be invoked only by the person entitled to it.

Waiver of the right against unreasonable searches ans seizures may be express or
implied, but only by the person whose right is invaded, not by one who is not duly authorized to
effect such waiver.

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 things to be seized.

The following are the properties subject to seizures:

a. Properties which are the subject of the offense;

b. Stolen, embezzled proceeds, or fruits of the offense;
c. Objects including weapons, equipment, and other items used or intended to be used
as the means of committing an offense;
d. Objects that are illegal per se in plain view.

Application for Search Warrant – All application for search warrant shall be approved by a
duly designated officer. The application shall be recorded in a logbook.

The application shall indicate the following data:

a. Office applying for the search warrant;

b. Name of officer-applicant;
c. Name of the subject, if known;
d. Address/place(s) to be search;
e. Sketch of the place to be searched.

Authority given to officers in the Conduct of Search (Sec. 7 & 13, Rule 126 of the 2000 Rule of
Criminal Procedure as amended) – In the conduct of search, if after giving notice of thus
purpose and authority the officer is refused admittance to the place of search, he may break
open any outer or inner door or window or any part of a house or anything therein to execute the
warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein.

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Prohibited Acts in the Conduct of Search

a. Houses, rooms, or other premises shall not be searched except in the presence of the
lawful occupant thereof or any member of his family or in the absence of the latter, the presence
of two (2) witnesses of sufficient age and discretion residing in the same locality.

b. Lawful personal properties, papers and other valuables not specifically indicated or
particularly described in the search shall not be taken.

Validity of Search Warrant – The search shall be valid for ten (10) days from the date of
issuance. Thereafter, it shall be void.

Receipt for the Property Seized – The officer seizing property by virtue of the warrant shall give
a detailed receipt for the same to the lawful occupant of the premises in whose presence the
search and seizure was made, or in the absence of such occupant, shall in the presence of at
least two (2) witnesses of sufficient age and discretion residing in the same locality; leave a
receipt in the place in which he found the seized property in the absence of the lawful owner.

Valid Warrantless Searches and Seizures –

a. Search incidental to lawful arrest.

b. Search of moving vehicle.
c. Secure of goods concealed to avoid duties.
d. Plain view search and seizure.
e. Consented search.
f. Stop and Frisk.
g. Administrative search.
h. Private searches.
i. Border searches.
j. Checkpoints

Procedures

Admittance to the place of directed search:

The officer, upon reaching the place of directed search, must give notice of his purpose
and authority to conduct the search to the lawful occupant of the place.

If the officer is refused admittance, he 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 or liberate
himself or any person lawfully aiding him when unlawfully detained therein. (Rule 126, Sec. 7)

Conduct of Search

Upon admittance, the officer must conduct the search in the presence of the lawful
occupant of the premises 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. (Rule 126, Sec. 8)
Failure to comply with the requirement invalidates the search. (People v. Gesmund)

Seizure of property and issuance of receipt for the property seized

Once the property described in the warrant has been found and seized, the officer must
give a detailed receipt for such property to the lawful occupant of the premises. In the absence
of such occupant, the officer must leave a receipt in the place in which he found the seized
property in the presence of at least two witnesses of sufficient age and discretion residing in the
same locality. (Rule 126, Sec. 11)

Delivery of property and inventory to the court

The officer must then make a return on the warrant and deliver forthwith the property
seized to the judge who issued the warrant, together with a true inventory thereof duly verified
under oath. The judge shall ascertain whether the seizing officer complied with Rule 126, Sec.
11 (as regards issuance of the detailed receipt)

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The return of the search warrant shall be filed and kept by the custodian of the log book
on search warrant who shall enter therein the date of the return, the result, and other actions of
the judge. (Rule 126, Sec. 12)

A violation of these requirements shall constitute contempt of court. (Rule 126, Sec. 12)

Search incident to a lawful arrest: As a general rule, as an incident of an arrest, the place of
premises where the arrest was made can also be searched without a search warrant. (Nolasco
v. Cruz-Pano)

Permissible Area of Search;

(1) Person of the accused;

(2) Premises or surroundings within the accused’s immediate control.

Purpose:

(1) A weapon held by the arrested person may be turned against his captor; and
(2) The accused may destroy the proof of the crime if the arrested officer has to first
apply for a search warrant.

You arrested a person without a warrant in the first floor of his house. Can you search the
second floor without a search warrant?

No. The Nolasco v. Pano ( 139 SCRA 152 ) ruling was reconsidered in Nolasco v. Pano ( 147
SCRA 509) which held that a warrantless search made as an incident to a lawful arrest is to be
strictly applied and absolutely limited only to a search of the person and of the place where the
arrest was made.

Consensual/Consented Searches

The requisites for a valid waiver or consented search are as follows:

(1) The constitutional right exist;

(2) The person involved had either actual or constructive knowledge of such right; and
(3) There was an actual intention to relinquish the right.

Plain view: Requisites for a valid warrantless search under the plain view doctrine:
(1) Prior valid intrusion based on the valid warrantless arrest in which the police are
legally present in the pursuit of their official duties;
(2) The evidence was inadvertently discovered by the police who have the right to be
where they are;
(3) The evidence must be immediately apparent;
(4) Plain view justified the seizure of the evidence without any further search;
(5) The thing itself is illegal or prohibited.

The plain view doctrine is not applicable in cases wherein the subject items are not
illegal per se, e.g. Boy Scout uniforms that are suspected to be counterfeit items.

Checkpoints and Roadblocks : In the case of Valmonte v. De Villa (178 SCRA 211; 1989), it
was held that a warrantless search at a checkpoint or roadblock is valid for as long as the
vehicle is subjected to a mere visual search, and the occupants are not subjected to a body
search.

Checkpoints

Authority to establish Check points – The establishment of permanent checkpoints must

always be authorized by the PNP and mannered by uniformed PNP personnel assigned in the
area. Other units directly involved in an operation may establish mobile checkpoints in
coordination with the commander of the unit/station in the area.

Requirements:
a. Only mobile checkpoints are authorized and they shall be established only in
conjunction with ongoing operations. Only official and marked vehicles shall be used in
establishing mobile checkpoints.

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b. Checkpoints may be established when there is a need to arrest a criminal or fugitive in

justice.
c. The conduct of searches, seizures and arrest in checkpoints shall be done with civility
and with due respect to innocent passers-by, commuters, or bystanders.
d. The area where the checkpoints shall be established must be properly lighted and
legible and clear sighs shall be exhibited to show that searches are being conducted.
e. Enforcement officers manning the checkpoints shall be in proper uniform at all times
with their identification cards or nameplates on.
f. Personnel manning checkpoints shall always be led by an officer with the rank of
police inspector at least.
g. Checkpoint personnel shall not mull, extort, or harass drivers, passengers, traders,
etc…

References:

Prepared by:

JONATHAN B. VALDEVIEZO
NSTP TEACHER

Reviewed by:

BLESS B. VILLAGONZALO
PROGRAM HEAD

Approved by;

PTR GLENN T. REPIQUE

Acting Dean

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