SEARCH AND SEIZURE SEARCH It is an examination of a mans house, buildings or premises, or of his person, with a view of some evidence

e of guilt to be used in the prosecution of a criminal action for some offense with which he is charged. SEIZURE It is the taking of a thing into custody. 1. ELEMENTS OF A SEARCH WARRANT . . . . An order in writing; Signed by judge in the name of the People of the Philippines Commanding a peace officer to search personal property Bring it before the court

2. NATURE OF SEARCH WARRANT . It is in the nature of criminal processes and maybe invoked only in furtherance of public prosecutions. . It is INTERLOCUTORY in character it leaves something more to be done, the determination of the guilt of the accused. GENERAL WARRANT A process which authorizes the search and seizure of things, in a general manner. 3. OBJECT OF A SEARCH WARRANT To obtain the goods, and bring the person in whose custody they are found, either to be recognized as a witness or to be subject to such further proceedings at the ends of justice may require. 4. A search Warrant must conform strictly to the requirements of the constitutional and statutory provisions under which it is issued. 5. PERSONAL PROPERTY TO BE SEIZED A. Kinds of personal property to be seized: . Subject of the offense; . Proceeds or fruits of the offense; and . The means used or intended to be used in committing an offense B. Property seized is not required to be owned by the person against whom the search warrant is directed C. It is not necessary that there be arrest or prosecution before seizure could be effected. D. The fact that a thing is a corpus delicti of a crime does not justify the seizure without warrant. 6. Requisite for the issuance of a valid search warrant

a. Probable cause b. Which must be determined personally by the judge himself, and not by the applicant or any other person; c. The judge before issuing the warrant, personally examine in the form of searching questions and answer, in writing and under oath, the complainant and any witnesses he may produce, on facts personally known to them d. The probable cause must be in connection with one specific offense; e. The warrant issued must particularly describe the place to be searched and the persons or things to be seized; and f. The sworn statements together with the affidavits submitted by witnesses must be attached to the record. 7. If the officer follows the command of the warrant, he is protected, but if he exceeds the command, he is not protected by the warrant and he only assumes to act without process; 8. In searching a house, room, or other premises, such shall be done in the presence of a lawful occupant or any member of his family, or in the presence of at least 2 witnesses of sufficient age and discretion, residing in the same locality. 9. Warrant must be direct and served in the day time. 10. A warrant is valid for ten days from its date. After such time, it is VOID 11. Officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant or any member of the family or at least 2 witnesses of sufficient age and discretion residing in the same locality. 12. Officer must also deliver the property seized to the judge who issued the warrant, with the true inventory, all under oath; 13. Searches incident to lawful arrest; 14. Warrantless searches and seizure

RULE 113 - ARREST 1. Arrest taking a person into custody in order that he may be bound to answer for the commission of some offense; made by an actual restraint of the person or by his submission to custody. 2. General Rule: No person may be arrested without a warrant. 3. Warrantless Arrest by a Peace Officer or Private Person a. When person to be arrested is committing, attempting or has committed an offense.

b. When an offense has just been committed and the person making the arrest has personal knowledge that the person to be arrested committed it. c. When person to be arrested in an escaped detainee (either serving sentence or with case pending) d. When a person lawfully arrested escapes e. Bondsman, for purpose of surrendering the accused f. Accused attempts to leave the country without court permission 4. Procedure: With Warrant Application for Warrant of Arrest: a. Complainant files complaint with affidavits attached b. Judge conducts ex parte preliminary examination to determine probable cause c. Judge issues warrant of arrest d. If officer is unable to serve the warrant 10 days after issuance, he must file a report and explanation with the judge within 10 days e. If warrant served: 1) Person informed that he is being arrested 2) Informed of cause of his arrest 3) Officer may break door or windows if admission to building is refused.