Arrest warrant (warrant of arrest) a judge’s order to law enforcement officers to arrest and bring to jail a person charged with a crime. The warrant is issued upon a sworn declaration by the district attorney, a police officer or an alleged victim that the accused person committed a crime.
The right of a man, together with his love-ones, is protected by the Bill of Rights under Article 3, Section 2 of the Philippine Constitution. It states that,
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized
Requisites for a valid warrant of arrest or search warrant
As a general rule, before a police officer can arrest or search a person, he must validly first secure a warrant of arrest or search warrant. Without it, any evidence that can be obtained by such shall become inadmissible evidence in court
- There should be probable cause
- It must be personally determined by a judge
- It should be examined under oath or affirmation of the complainant and the witness he may produce.
- Place to be searched and the persons or things to be seized should be particular, not general.
Under the Rules of Court, Rule 113, Section 5, a warrantless arrest, also known as “citizen’s arrest,” is lawful under three circumstances:
- When, in the presence of the policeman, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. This is the “in flagrante delicto” rule.
- When an offense has just been committed, and he has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it. This is the “hot pursuit” arrest rule.
- When the person to be arrested is a prisoner who has escaped from a penal establishment.
RULE 126 SEARCH AND SEIZURE
Section 1. Search warrant defined.—A 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 bring it before the court
Section 4. Requisites for issuing search warrant. —A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines.
WARRANTLESS SEARCH
- A warrantless search incidental to a lawful arrest
- Arrest must be lawful
- It must be contemporaneous with the arrest in both time and place
- Within the vicinity of the person arrested, immediate control, which is the evidence of the offense or weapon
- Search of evidence in plain view
3. Search of a moving vehicle
- Must be cursory
- Can’t make a thorough search; just have to take a look; not to open trunks
- Consented warrantless searches
- The right exists
- Person making the consent knows that he has the right
- In spite of the knowledge of the right, he voluntarily and intelligently gives his consent
- Customs searches
6. Stop and frisk
7. Exigent and emergency circumstances
8. Checkpoints
9. Republic Act requiring inspections or body checks in airports
10. Emergency
11. In times of war and within military operations