Law Enforcement Process
The first contact in the Criminal Justice System
would be the Law Enforcement.
Law Enforcers
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Members of the Philippine National Police
(PNP)
Members of the National bureau of Investigation
(NBI)
Other agencies
Duties of Law Enforcers
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Investigate the Crime
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Conduct surveillance
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Interview persons with knowledge of facts directly
or indirectly connected with the offense
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Take photographs
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Arrange for entrapment
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Search premises and persons
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Examine public and other records
Collect Evidence
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Testimony of witnesses
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Writings
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Objects
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Arrest Suspects
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By virtue of warrant of arrest
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Under circumstances justifying warrantless arrest
(Sec. 5, Rule 113, Rules of Court)
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Refer the case and the suspects to the office of
the public prosecutor for preliminary
investigation or directly to Municipal Trial Court
for trial and judgement
Search and Seizure

Rule 128, Rules of Court
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Personal properties to be searched and seized:
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Subject of the offense
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Stolen or embezzled and other proceeds or fruits of
the offense used or intended
Requisites for Issuance of Valid
Search Warrant
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It must be issued upon probable cause
The probable cause must be determined
personally by the Judge himself, and not by the
applicant or any other person
In determination of probable cause, the Judge
must examine in the form of searching
questions and answers under oath or
affirmation, the complainant and the other
witnesses he may produce
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The search warrant must particularly describe
the place to be searched and the things to be
seized
The search warrant must be issued in
connection with one specific offense
Probable Cause
Facts and circumstances which would lead a
reasonably discreet and prudent man to believe
that an offense has been committed and that the
objects sought in connection with the offense in
the place sought to be searched.
Search warrant must be issued in connection
with one specific offense.
Invalid Search Warrants

SCATTER-SHOT WARRANT


A search warrant for more than one offense
GENERAL SEARCH WARRANT

Fails to sufficiently specify the place or person to be
searched or things to be searched or things to be
seized.

It is illegal since it contemplates random, blanket or
discretionary search. It is void for a lack of
particularity.
Validity of Search Warrant

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A search warrant is valid for ten (10) days from
its date. Thereafter, it shall be void.
When search warrant was executed but
interrupted, it may be continued on the next
day, provided it is within the 10-day period of
validity.
Exceptions

Search Incidental to Lawful Arrest
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Search of Moving Vehicle, Vessel or Aircraft
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Where the search is made pursuant to a lawful
arrest, no need to obtain search warrant
Since this can be quickly moved out of the locality
or jurisdiction, warrantless search is justified
Plain View Seizure (Plain View Doctrine)

Prohibited articles may be taken without warrant if
they are open to eye and hand of the peace officer
who comes upon the inadvertently
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Custom Search
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Waiver
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Persons exercising police authority under the customs law
may effect search and seizure without search warrant in
the enforcement of customs law
The right to be secure from unreasonable seizure may be
waived and such waiver may be made either expressly or
implied
Stop and Frisk

It is a vernacular designation of the right of a police officer
to stop a citizen on the street, interrogate him, and pat him
for weapons
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Limited protective search of outer clothing of weapon
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There is justifiable cause to stop and frisk the accused for
hidden firearm when his companion fled upon seeing
government agents
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Inspection Search
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Border Search
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Inspection of buildings and other premises may be
made without search warrant for the enforcement of
fire, sanitary and building regulations
Warrantless search of incoming and outgoing
passengers at the arrival and departure areas of
international airports is universally allowed
Consented Warrantless Search

A search made by the officer after the subject of the
search has consented or waived his right against
unlawful search and seizure. Such waiver, if freely,
willingly, knowingly and intelligently given will
validate warrantless search.
Exclusionary Rule
This rule commands that evidence obtained by an
unreasonable search and seizure is excluded from
evidence.
Fruit of Poisonous Tree Doctrine
This doctrine means that an unlawful search taints
not only the evidence obtained threat but also
facts discovered by reason of said unlawful
search.
Silver Platter Doctrine
Now an invalid doctrine, it formerly allowed
evidence obtained by police officers in an illegal
search and seizure to be used against the
accused.
Arrest (Who may effect arrest?)
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Police Officer (both warrantless arrest and
arrest with warrant)
Private Person (only warrantless arrest or
citizen's arrest)
Members of the Investigation Staff of NBI
Bailor (for purpose of surrendering the accused
to court)
Provincial or City Probation Officer (may arrest
probationer under his care)
Who may issue warrant of arrest?
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Only the Judge may issue a warrant of arrest
Persons Exempt from Arrest
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Senator or Congressman in all offenses
punishable by not more than 6 years
imprisonment shall be privileged from arrest
while congress is in session. (Sec.11, Art VI,
1987 Constitution)
Heads of State, Foreign Sovereign,
Ambassadors, Public Ministers are exempt from
arrest. Consuls, however, do not enjoy the
same privilege.
Lifetime of Warrant of Arrest
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It must be made 20 days from the receipt by the
Warrant Section or Head of Office
Warrant of Arrest remains valid and effective
until it is executed (meaning accused is
arrested) or quashed, lifted, set aside or
recalled)
The failure of a peace officer to serve warrant of
arrest without sufficient justification may
constitute contempt of court for obstruction of
justice
When is warrantless arrest lawful?
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When in his presence, the person to be
arrested has committed an offense
When in his presence, the person to be
arrested is actually committing an offense
When in his presence, the person to be
arrested is attempting to commit an offense
When an offense has in fact just been
committed and he has personal knowledge of
facts indicating that the person to be arrested
has committed it
When the person to be arrested is a prisonerescapee
Warrant of Arrest may be served anywhere in the
Philippines at any time of day and night.