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WHAT IS A WARRANT? For an arrest: “such facts and circumstances which usually subscribed by the witnesses.

(must attach to
- Warrant is an order in writing issued in the name of would lead a reasonably discreet and prudent the records of the case in order that [1] the Judge
the People of the Philippines, signed by a judge and person to believe that an offense has been may be able to properly determine the existence or
directed to a peace officer. (Search Warrant) committed by the person sought to be arrested.” non-existence of the probable cause, [2] to hold
commanding him to search for personal property liable for perjury the person giving it if it will be
described therein and bring it before the court. DETERMINATION OF PROBABLE CAUSE BY A JUDGE found later that his declarations are false.)
Search warrant: in the form of searching questions
Requisites of a valid warrant: and answers, in writing and under oath, the What is an arrest?
1. Probable Cause in connection with one complainants and any witnesses he may produce on Arrest is the taking of a person into custody in order
specific offense. facts personally known to them, and attach to the that he or she may be bound to answer for the
2. Determination of probable cause personally record their sworn statements together with any commission of an offense.
by a judge. affidavits submitted. When it is effected?
3. After examination, under oath or Warrant of arrest: evaluate the report and the It is effected by an actual restraint of the person to
affirmation, of the complainant and the supporting documents submitted by the fiscal. If be arrested or by that persons voluntary submission
witnesses he may produce. (To satisfy the finds no PC, he may disregard the prosecutor’s to the custody of the one making the arrest.
examining magistrate as to the existence of report and require the submission of supporting Is force or formal declaration of arrest necessary?
probable cause. affidavits of witnesses to aid him in arriving at a No. It is enough that there be an intention on the
4. Particularity of description. (to enable the conclusion as to the existence of probable cause. part of one of the parties to arrest the other, and
law enforcers serving the warrant to(1) that there be an intent on the part of the other to
readily identify the properties to be seized What is an oath? submit, under the belief and impression that
and thus prevent them from seizing the In its broadest sense, an oath includes any form of submission is necessary.
wrong items; and (2) leave said peace attestation by which a party signifies that he is
officers with no discretion regarding the bound in conscience to perform an act faithfully and WARRANTLESS ARREST: (ROC 113)
articles to be seized and thus prevent truthfully; (made under an immediate sense of his (a) In flagrante delicto. When, in his presence, the
unreasonable searches and seizures. responsibility to God.) person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
Lifetime: Sufficiency test of an affidavit or an oath What is the meaning of “in his presence”?
Search warrant – 10 days from its (issuance) date Personal knowledge and whether it has been drawn A: Not necessarily in the same place. Physical
Warrant of arrest – valid until served but should be in such a manner that perjury could be charged presence is not required. Even sense of touch, smell
executed within 10days from its receipt. thereon and affiant be held liable for damages or touch is sufficient.
caused.
WHAT IS PROBABLE CAUSE? (b) Hot Pursuit. When an offense has just been
For a Search: “such facts and circumstances which What is a deposition? committed and he has probable cause to believe
would lead a reasonably discreet and prudent man It is the testimony of a witness, put or taken in based on personal knowledge of facts or
to believe that an offense has been committed and writing, under oath or affirmation before a circumstances that the person to be arrested has
that the objects sought in connection with the commissioner, examiner or other judicial officer, in committed it;
offense are in the place sought to be searched.” answer to interlocutory and cross interlocutory and
What is the meaning of “just been committed”? they are investigating or evidence of some other steps to assure himself that the person with whom
A: There must be a sense of immediacy between the crime. It would be needless to require the police to he deals is not armed with a deadly weapon that
time the offense is committed and the time of the obtain another warrant. [United Laboratories v, Isip] could unexpectedly and fatally be used against the
arrest, and if there was an appreciable lapse of time (3) Moving motor vehicle – Because the vehicle can police officer.
between the arrest and the commission of the be quickly moved out of the locality or jurisdiction in (6) Consented Search – determined from the totality
crime, warrant of arrest must be secured. which the warrant must be sought. (reasonableness of all the circumstances such as:
is a judicial question and should be resolved based (1) the age of the defendant; (2) whether the
(c) Escapee. When the person to be arrested is a on the facts of each case) defendant was in a public or a secluded location; (3)
prisoner who has escaped from a penal (4) Customs Search –Persons having police authority whether the defendant objected to the search or
establishment or place where he is serving final may enter, pass through or search any land, passively looked on; (4) the education and
judgment or is temporarily confined while his case is enclosure, warehouse, store or building not being a intelligence of the defendant; (5) the presence of
pending, or has escaped while being transferred dwelling house and also, to inspect, search and coercive police procedures; (6) the defendants belief
from one confinement to another. examine any vehicle or aircraft and any trunk, that no incriminating evidence would be found; (7)
package, box or envelope or any person on board or the nature of the police questioning; (8) the
WARRANTLESS SEARCH stop and search and examine any vehicle, beast or environment in which the questioning took place;
(1) Incidental to a lawful arrest person suspected of holding or conveying any and (9) the possibly vulnerable subjective state of
- May extend beyond the person of the one arrested dutiable or prohibited article introduced into the the person consenting.
to include the premises or surroundings under his Philippines contrary to law. [Section2203 of Tariff
immediate control through (PV) and Customs Code.] WAIVER
(2) Plain View Doctrine – usually applied where the (5) Stop and Frisk – mere suspicion or hunch is not - Not raising the matter of illegality of the arrest
police officer is not searching for evidence against enough. There must be a genuine reason to warrant before entering his plea is deemed to be a waiver.
the accused. the belief that the person detained has weapons - It only applies to the legality of arrest.
Requisites: concealed about him, in light of the police officer's General warrant vs. Scatter-shot warrant
(i) a prior valid intrusion based on the warrantless experience and surrounding conditions. Limited to The former does not particularly describe the subject
arrest in which the police are legally present in the outer clothing only. Unlike Stop and search where to be arrested or searched while the latter is charged
pursuit of their official duties; there is need for probable cause and can search
for violations of 2 offenses.
(ii) the evidence was inadvertently discovered by the within the premise of person’s control.
Which is stricter?
police who have the right to be where they are; Two Fold Interest
SW, because no case has yet been filedin court. The
(iii) the evidence must be immediately apparent; and (a) the general interest of effective crime prevention
search warrant is somehow a fishing expedition
(iv) “plain view” justified the seizure of the evidence and detection, which underlies the recognition that
because it will determine whether or not an offense
without any further search. a police officer may, under appropriate
was committed. Unlike in the case of a WoA, there is
circumstances and in an appropriate manner,
already an information and proceedings anterior to
It is recognition of the fact that when executing approach a person for purposes of investigating
its issuance. There had already been a preliminary
police officers come across immediately possible criminal behavior even without probable
investigation in which the parties had already
incriminating evidence not covered by the warrant, cause; and
appeared before the prosecutor.
they should not be required to close their eyes to it, (b) the more pressing interest of safety and self-
regardless of whether it is evidence of the crime preservation which permit the police officer to take

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