Documenti di Didattica
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LEARNING GOALS
LEARNING OBJECTIVES
Discuss the Appraisal of Rights
INTRODUCTION
The subject matter will tackle Appraisal of
Rights most specially the Miranda Doctrine,
Service of Warrant, the Grounds for
warrantless Arrest, Application of Search
Warrant and the Warrantless Search.
Lesson 2.10 Arrest Search and Seizure
APPRAISAL OF RIGHTS
(MIRANDA DOCTRINE)
Lesson 2.10 Arrest Search and Seizure
APPRAISAL OF RIGHTS
PNP police officers conducting arrest shall recite
the “Miranda Doctrine” and Anti-Torture
Warning” as human rights advocate.
ARREST
Lesson 2.10 Arrest Search and Seizure
ARREST
Definition of Arrest: It is the taking of a person
into custody in order that he may be bound to
answer for the commission of an offense..
- It is made by an actual restraint of a person to
be arrested, or by his/her submission to the
custody of the person making the arrest.
Lesson 2.10 Arrest Search and Seizure
ARREST
General Guidelines:
ARREST
General Guidelines:
ARREST
General Guidelines:
ARREST
General Guidelines:
ARREST
General Guidelines:
ARREST
General Guidelines:
ARREST
General Guidelines
Physical Examination of
Arrested Person
WARRANT OF ARREST
Definition: The warrant of arrest is the written
authority of the arresting officer when making an
arrest or taking of a person into custody.
Lesson 2.10 Arrest Search and Seizure
WARRANT OF ARREST
Execution: The head of the office to whom the warrant
of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its
receipt. Within ten (10) days after the expiration of the
period, the officer to whom it was assigned for
execution shall make a report to the judge who issued
the warrant. In case of his failure to execute the
warrant, he shall state the reason therefore.
Lesson 2.10 Arrest Search and Seizure
Lesson 2.10 Arrest Search and Seizure
Lesson 2.10 Arrest Search and Seizure
CITIZEN’S ARREST
Section 9, Rule 113 of the Rules of Court:
PROCEDURES IN EFFECTING
WARRANTLESS ARREST
• Secure the person to be arrested and use
handcuffs for the protection of the arresting
officer, other individuals and the arrested
person himself;
• Conduct thorough search for weapons and
other illegal materials;
• Confiscated evidence shall be properly
documented;
Lesson 2.10 Arrest Search and Seizure
PROCEDURES IN EFFECTING
WARRANTLESS ARREST
• Bring the arrested person without delay to the
Police Station for further investigation and
disposition;
• Arrested person shall be subjected to inquest
proceedings within the time prescribed in
Article 125 of the Revised Penal Code (RPC).
• If arrested person without warrant waives his
right under the provision of Article 125 of RPC,
waiver of detention must be signed must be in
the presence of his/her counsel.
Lesson 2.10 Arrest Search and Seizure
DEFINITION OF TERMS
Search - means examination of a person's body,
property or other area which the person
would reasonably be expected to consider as
private by a law enforcement officer for
finding evidence of a crime.
Lesson 2.10 Arrest Search and Seizure
DEFINITION OF TERMS
Search Warrant
VALIDITY OF A SEARCH
WARRANT
● The warrant shall be valid for ten
(10) days from date of issuance and
may be served at any day within
the said period. Thereafter, it shall be
void.
Lesson 2.10 Arrest Search and Seizure
VALIDITY OF A SEARCH
WARRANT
● If, in the implementation of the search
warrant, its object or purpose cannot be
accomplished in one day, the search can
be continued the following day, or days,
until completed, provided it is still within
the ten (10)-day validity period of
the search warrant.
Lesson 2.10 Arrest Search and Seizure
VALIDITY OF A SEARCH
WARRANT
● If the object or purpose of the search warrant
cannot be accomplished within the ten
(10)-day validity period, the responsible police
officer conducting the search must file, before
the issuing court, an application for the extension
of the validity period of said search warrant.
Lesson 2.10 Arrest Search and Seizure
TIME OF SEARCH
WARRANTLESS SEARCH
●Tipped Information
www.pnp.gov.ph