POLICE REGIONAL OFFICE 5

Camp General Simeon A Ola, Legazpi City

ARREST
ARREST DEFINED. Arrest it the taking of a person into custody so he can answer for the commission of an offense.

WHO ARE EXEMPT FROM ARREST?

Senators or Members of the House of Representatives, while Congress is in session, in all offenses punishable by not more than six (6) years imprisonment. (Sec. 11, ART VI, 1987 Constitution.) Diplomatic Officials and their domestics. (Rep. Act No. 75.)

DUTY OF ARRESTING OFFICER

It shall be duty of the officer executing the warrant without unnecessary delay to arrest the accused and to deliver him to the nearest police station or jail. (Sec 3, Rule 113, Rules of Court.)

INITIAL CONTACT WITH SUBJECT

INVESTIGATOR / OPERATIVE identifies himself 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

INVESTIGATORs / OPERATIVEs CONDUCT

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 to detect it. Avoid profanity (this reflects personality weakness.) Avoid being reticent or apologetic. Avoid unnecessary conversation. Investigator in charge does the talking and gives the commands.

PLANNING THE ARREST

This is a responsibility of the chief team leader or officer acting in his absence.

If the arresting party is composed of two (2) or more members, somebody must be placed in charge, 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

Consider superiority of manpower and firepower. Make the plan simple enough to be understood by the least experienced operative/investigator. Consider the element of SURPRISE. (Daybreak has 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 be available both in effecting the arrest and removing the subject from the building. The briefing officer should ask the participants if they have any questions regarding the plan.

IN GENERAL
AN ARREST is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest, and the person arrested shall not be subjected to any greater restraint than is necessary for his detention. (Sec. 2, Rule 113.)

MAKING THE ARREST

Use good judgment in connection with the arrest.

Assume that the subject is armed and will take your life if given an opportunity.

ARREST ON THE STREET

This should be made from the side or rear when possible. Subject should be forced toward a building. Avoid congested areas when possible.

ARREST AT HOME, OFFICE or BUSINESS ESTABLISHMENT

Restrict the subjects movement. Do not grant requests for personal privileges before being searched.
Clothing and other things requested should b e examined for weapons or items of evidence before turning them over to the subject.

PERIODS WITHIN WHICH PERSON ARRESTED WITHOUT A WARRANT SHOULD BE CHARGED IN THE FORUM

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.

RIGHT OF ATTORNEY or RELATIVE TO VISIT PERSON ARRESTED

Any member of the bar shall, at the request of the person arrested or of another on his behalf, have the right to visit and confer privately with such person, in jail or any other place of custody at any hour of the day or, in urgent cases, of the night. This right shall be exercised by any relative of the person arrested subject to reasonable regulation. (Sec. 14, Rule 113.) Executive Order No. 155, dated 30 March 1987, amending Republic Act No. 857, penalizes any public officer who deprives a person of his right to counsel. The penalty shall be Prison Correccional or imprisonment of 6 months and 1 day to 6 years.

MEDICAL EXAMINATION OF ARRESTED PERSON/SUSPECT

Immediately After the Arrest of a person ordered arrested by the court, or of a suspect under investigation, he should be subjected to a medical examination. Prior to his Release or Any Change of Custody, the suspect should also be medically examined by a Medico-Legal Officer, or, in the absence of such medico-legal officer, by any Government Physician in the area.

SUMMONING ASSISTANCE FOR THE ARREST

Any officer making a lawful arrest may verbally summon as many persons as he deems necessary to aid him in making the arrest. Every person so summoned shall aid him in the making of such arrest, when he can render such aid without detriment to himself.

RIGHT OF PERSON ARRESTED Republic Act No. 7438 states the right of a person arrested, detained or under custodial investigation.

SEARCH SEARCH DEFINED

Search is an examination of an individuals person, house, papers or effects, or other buildings and premises to discover contraband or some evidence of guilt to be used in the prosecution of a criminal action.

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 described therein and to bring it before the court

PERSONAL PROPERTY TO BE SEIZED

A search warrant may be issued for the search and seizure of the following personal property: - Property subject of the offense; - Property stolen or embezzled and other proceeds or fruits of the offense; and - Property used or intended to be used for committing an offense.

PROBABLE CAUSE REQUIRED FOR A SEARCH WARRANT

Probable cause means that sufficient facts must be presented to the judge issuing the warrant to convince him that circumstances sufficiently establish the need for the issuance of the warrant.

MAY THINGS ILLEGALLY SEIZED BE ADMITTED as EVIDENCE?

Generally, articles not included in the search 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 fide search 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.

HOW TO SERVE A SEARCH WARRANT

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 in the search warrant and take the things described therein, in the presence of at least one competent witness who is a resident of the neighborhood. If he is refused admittance to the place after giving notice of his purpose and authority, he may force himself in to execute the warrant; and if he is detained therein, he may force himself out to liberate himself. The search must be made at daytime, unless otherwise stated.

The officer seizing the property must issue a detailed receipt of the things seized to the person in whose possession it was found, or in the absence of such person, he must, in the presence of at least one witness, leave such receipt in the place where such things were seized.

SEARCHES OF PERSONS ARRESTED

Probe, do not pat. (a woman operative should be used to search females) The need to handcuff subject(s). Dangerous and violent criminals, as well as escapees from prisons and escape artists, must be handcuffed. Do not stop the search when a weapon is found. Look for items which may be used to commit suicide. Look for items of evidence. Searches should never cross the line of fire. Do not talk to subject(s) in the course of the search. Do not grant subjects request to attend to something before, during and immediately after the search. In a search by a single officer, have the gun ready with the hand at a distance from the subject. Be sure to search every part of the body and clothing.

TYPES OF SEARCHES
Wall Search Standing Search Kneeling Search

Prone Search

Dios Mabalos Sa Indo Gabos!