LAW ON ARREST, SEARCH & SEIZURE

LAWS ON ARREST, SEARCH AND SEIZURE

RA 5487: Rule XIII

Powers and Duties

A security guard shall Section 1. Territorial power watch and secure the property of a person, firm or establishment with whom he or his agency has contract for security services. Such service shall not however, services. extend beyond the property or compound of said person, firm or establishment except when required by the latter in accordance with the terms of their contract to escort big sum of money or valuables, or in some cases in hot pursuit of criminal offenders. offenders. Section 2. A security guard or a private detective is not a police officer and is not, therefore, clothed with police authority

ARREST - is defined as the taking of a person into custody so that he can answer for the commission of an offense. offense.
Requirements of Arrest: There must be legal basis for an Basically, arrest should be effected warrant of arrest. However, there arrest. exception as when arrest is done under known as citizen s arrest. arrest. arrest. arrest. with a is an what is

Warrant of Arrest
A warrant of arrest is an order in writing issued in the name of the People of the Philippines, signed by the Judge or an officer authorized by law and directed to a peace officer commanding him to arrest a person designated and bring him before the Judge. Judge.

Exempted 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. imprisonment. (Sec 11, Article VI, 1987 Constitution) 11, Diplomatic officials and their domestics. domestics. (RA No. 75) No. 75)

When can a Security Guard effect arrest?

A Security Guard can effect an arrest of a person under the following circumstances on what is known as citizen arrest or arrest without warrant. warrant.

1.

When the person to be arrested has committed is actually committing, or is attempting to commit an offense in the presence of the arresting person. person. When an offense has in fact just been committed, and the arresting person has personal knowledge of facts indicating that the person to be arrested has committed it, and When the person to be arrested is an escape prisoner or a fugitive from justice. (Sec 5. Rule justice. 113 of RRC)

2.

3.

Precaution in Making Arrest When making the arrest, the arresting person should use good judgment. He judgment. should assume that the person to be arrested is armed and will take your life if given an opportunity. opportunity.

Method of Arrest
When making an arrest, the security guard or private detective shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense or after an escape, or flees, or forcibly resists before the person making the arrest has opportunity to inform him, or when the giving of such information will imperil the arrest. (Sec. 10 arrest. (Sec. Rule 113, RRC) 113,

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, (Sec. Rule 113, RRC) 113,

Types of Arrest


Arrest at Home, Office or Business Establishment Restrict the subjects movement. Do not grant movement. requests for personal privileges before being searched. searched. Clothing and other things requested should be examined for weapons or items of evidence before turning them over to the subject. subject.

Arrest on the street This should be done from side or rear when possible. possible. Person being arrested should be forced towards a building. building. Avoid congested area when possible.

Duty of a guard making an arrest

Any security guard making arrest, shall immediately turn over the person arrested to the nearest peace office, police outpost or headquarters for custody and/or appropriate action, or he may without unnecessary delay and within the time prescribed in Article 125 of the Revised Penal Code, as amended, take the person arrested to the proper court of law or judge for such action as they may deem proper to take. take.

Period to Charge a Person in Court

6 12 hours for crimes or offenses punishable with LIGHT OFFENSES. OFFENSES. 18 hours for crimes or offenses punishable with CORRECTIONAL PENALTIES. PENALTIES.

18 36 hours for crimes or offenses punishable with AFFLICTIVE or CAPITAL PUNISHMENT. PUNISHMENT.

SEARCH
Search is an examination of an individual s 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. action. 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. (Sec. 1, Rule 126) court. (Sec. 126)

Types of Searches
Wall Search The safest, purpose is to place the subject in off-balanced position requiring use of arms and legs to offkeep him from falling to the ground. ground.  Standing Search Raised subjects hands over his head and spread his feet apart as possible. This is not possible. recommended because subject is on balance position. position.


Kneeling Search Subject kneels on the ground with hands raised over his head. Also discouraged for same head. reason as in standing. standing.  Prone Search Subject lies on his stomach with arms and legs outstretched. Subject has both arms and legs free and outstretched. is at all times in an on-balance position. Front part of onposition. clothing cannot be searched. This can be extremely searched. dangerous if the subject has knowledge of judo. judo.


SEARCH WITHOUT WARRANT

Any security guard may incident to the arrest, search a person so arrested in the presence of at least two (2) witnesses. He may also search witnesses. employees of the person firm or establishment with which he is or his agency has a contract of private detective, watchman or security services when such search is required by the very nature of business of the person, firm or establishment. establishment. Stop-andStop-and-Search or Stop-and-Frisk Stop-andWhere the search precedes the arrest, and is allowed on grounds of reasonable suspicion. suspicion.

SEIZURE


Seize to take official or legal possession of something held illegally such as arms, drugs, or stolen goods.

ITEMS TO BE SEIZED: - 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. offense.