Lesson 8.

1 : Search warrant

Lesson Objectives:

1. Discuss the application of search warrant in investigation and

2. Explain the process of acquiring search warrant and how it is executed.

In line with the investigation that needs the production of evidence considered as a fruit of a crime or
product of illegal activities either in the possession of someone, within the premise of the house or
building or even in the vehicle, requires a warrant. Warrant simply means as the permit given by the
court for a particular purpose. In criminal investigation, Search is a form of government invasion to the
persons freedom to privacy. Seizure is the confiscation of the property or any material usually fruit of
the crime or product of illegal activities to serve as an evidence in the legal proceeding.

A search warrant is legally defined under the Rules of court (Section 1, Rule 126) as an order in writing
issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer,
commanding him to search for personal property described therein and bring it before the court.

Application and Issuance of search warrant

Any police officer can request for the issuance of a warrant provided that there is a probable cause as a
strong basis for its issuance. Probable cause means that there is a strong ground that a crime has been
committed or about to be committed and the proceeds, fruit of the crime or property that will be used
in committing the crime can be found and located in the place so described in the warrant. Any police
officer can secure a warrant from:

1. The court that has the territorial jurisdiction of the crime;

2. For compelling reason, any court within the judicial region where the crime was committed if
the place of the commission of the crime is known; or
3. Any court within the judicial region where the warrant shall be enforced.

However, if that has been filed already, the application shall be made in the court where the criminal
action is pending.

Who shall issue the warrant?

It is the judge who will issue the warrant after questioning the complainant under oath and in writing to
include the possible witnesses who may be presented. The placed to be searched must be described
together with the properties to be seized. The sworn statement shall be recorded together with the
affidavit.

The search warrant shall be issued for the search and seizure of the personal property which includes
the following:

1. Subject of the offense;

2. Stolen or embezzled and other proceeds, or fruits of the offense; or
3. Used or intended to be used as the means of committing an offense

Can the judge issue a general search?

No, the search warrant must specify the items to be searched and seized and such items must have a
connection to the case under investigation.

Execution of search warrant

In the execution of search warrant, the person must identify himself and his purpose. If he will not be
admitted to the place directed to the search; then he may break any part of the house either:

1. To execute the warrant or

2. To liberate himself or any person lawfully aiding him when unlawfully detained.

The warrant shall be valid only for ten (10) days from the date of its issuance and no search shall be
made except:

1. Lawful occupant is present;

2. Any member of his family; or
3. Presence of at least two witnesses of sufficient age and discretion residing in the same locality.

In general, all search shall be made during Daytime unless specified to be served at any time of the day
or night. Thereafter, the officer seizing the property shall give a detailed receipt to the lawful occupant,
in the presence of at least two witnesses of sufficient age and discretion residing in the same locality.

The officer making the search and seizure shall deliver the property to the court who issue the warrant
together with the inventory of seized items under oath. If after ten (10) days the warrant was not
returned, the issuing judge shall summon the person to whom the warrant was issued and allow him to
explain why no return was made.

The return of the search warrant shall be filed and kept by the custodian of the logbook on search
warrant who shall enter therein the following;

1. Date of return;
2. Result of the search; and
3. Action of the judge.

Lesson 8.2 Warrantless Search

Lesson Objectives:

1. Discuss the legality of warrantless search and

2. Enumerate the instances allowing warrantless search.

Warrantless search is defined as the search and seizure of personal property based on probable cause
made by a police officer without a warrant. This is true in cases of exigent circumstance. Exigent
circumstance refers to a situation whereby securing a warrant would make it less practical or useless.
The following are examples of exigent circumstances whereby a valid warrantless search and seizure is
applicable.

1. Search Incidental to lawful arrest

Search Incidental to a lawful arrest is defined as the search and seizure of property made by any
police officer upon a valid arrest. The search and seizure of personal property are allowed by law
 provided that the arrest was made by the virtue of valid warrantless arrest (in flagrante delicto,
hot pursuit or escapee).

Can the person be searched first before the conduct of arrest?

No. The processed cannot be reversed. It must be a valid warrantless arrest before proceeding
with a valid warrantless search and seizure.
What happens if the arrest is not valid the first place?
It follows that the succeeding search is illegal.
2. Seizure in plain view
Refers to the confiscation of embezzled or stolen property or where the property is an evidence
of a crime or will be used in committing an offense in the presence of a police officer in plain
view.
The requirement of this warrantless search is that the items to be searched and seized must be
vividly and clearly seen and that the same item/s is/are considered as an evidence of criminal
activity or criminal proceeds.
3. Stop and Frisk rule
Refers to the brief stopping of an individual made by police officer based on reasonable
suspicion among person suspected to commit a crime or in possession of dangerous weapon.
Reasonable suspicion is in lower grade than probable cause. Reasonable suspicion may be
referred to as justifiable suspicion that the person is armed or dangerous. Stop and frisk rule is
otherwise known as Terry Doctrine.
The requirement for this warrantless search to be valid is that, the search must be limited only
to the outer clothing of the person (pat down search). If the pat down search fails to manifest
any weapon dangerous material or fruits of the crime, then the police officer shall release the
person subjected to search.

What if there is a manifestation after a pat down search that a weapon is concealed?
The police officer should ask the person subjected to the search to expose the material or item.

Can the person say no to the request of police officer?

Yes, but the police officer can have a strong ground to hold the person and detain him
temporarily and request for search warrant.

How about if the person reveals the concealed items?

The person can be arrested and police officer can now proceed with complete search (search
incidental to lawful arrest).

What if the police officer inserts his hands in the area where the item was concealed and
successfully get the same? Is the search valid?
No, that search is not admissible even if the item confiscated upon the insertion of his hand is a
weapon, dangerous material or fruits of the crime.
4. Consented warrantless search
It is a search conducted upon the voluntary consent given by the person exercising authority
over the property or by the rightful owner.
 Can the government authorities conduct search and seizure even without a search warrant?
Yes, provided the person or the owner waives his right against unreasonable search and seizure.

Can the person without authority over the premise give consent?
No, it must be a person who exercise authority over the premise.

How about if coercion is given to the person?

It will not be considered as consented search and therefore any searched and seized items are
inadmissible as evidence in court.

How about if the person remains silent at the time of asking his consent?
It will not be considered as a consent and therefore is not considered and applicable under
consented search.
5. Search of moving vehicle
In search of a moving vehicle, law enforcement officers are limited only to visual search. The
means that neither:
 The vehicle should be completely searched or; nor
 The person should be bodily searched.

The extensive search and seizure of a vehicle stopped will only be constitutionally valid if it will
be done by police officers who had probable cause to believe that the driver is a law violator, his
vehicle contains some evidence of a crime or is suspected to commit to crime.

6. Tipped Information search

Refers to the information provided by an informant or any person regarding the commission of
an offense relayed through cell phone, radio or telephone to the police who will cause his arrest
can search and seize personal property of the person so described.
This doctrine was founded on the principle that acquiring a search warrant would jeopardize the
arrest of would be violator. This is true in cases whereby police officer is tipped by an informant
about the commission of a crime.

Lesson 8.3: Limitations of and motion to quash a search warrant

The 1987 Philippine Constitution provides the rights of all people against unreasonable searches and
seizures of whatever nature. It also provides that no search warrant shall be issued except upon
probable cause (Section 2, Article III, 1987 Philippine Constitution). Any search and seizures without the
benefit of a warrant shall deemed considered as illegal search. Illegally seized evidence is referred to as
fruit of poisonous tree. Fruit of poisonous tree doctrine established the guideline that evidence
obtained as a result of some illegalities is inadmissible in court as the evidence is Incompetent, meaning
they are excluded by the law. Exclusionary rule speaks that evidence illegally obtained or fruit of
poisonous tree, is excluded as evidence as they violate the right to privacy.

Exclusionary rule may seem to favor the person accused of a crime, but the constitution explains the
contrary as it recognizes the right of individual people to privacy and against the abusive power of the
government to invade in a person’s private life. Further, exclusionary rule established the principle that
evidence obtained by an unreasonable search and seizure regardless of their relevance to the case
under investigation shall be inadmissible as evidence as provided by the following cases:

1. Week vs. United States- Evidence will be inadmissible at the federal level
2. Mapp vs. Ohio- evidence will be inadmissible in all courts.

In addition, the issuance of search warrant limits the coverage of the conduct of searches. Therefore,
only the items enumerated in the warrant shall be seized even if they are the effects of the crime unless
otherwise under the principle of plain view doctrine.

Furthermore, Motion to quash refers to the request of a party to declare the previous order as void, null
or invalid. In line with the search warrant, motion to quash search warrant refers to the application
made by one party to nullify a search warrant previously issued.

What is the effect of motion to quash search warrant?

If the motion is granted, the search warrant so issued becomes void. Meaning, whatever evidence
obtained from the previous search and seizure operation can no longer be admitted as an evidence in
court.

A motion to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and
acted upon only by the court where the action has been instituted. If no criminal action has been
instituted, the motion may be filed in and resolved by the court that issued the search warrant.
However, if such court failed to resolve the motion and a criminal case is subsequently filed in another
court, the motion shall be resolved by the latter court.

Lesson 8.4: Liabilities related to search and seizure

Lesson Objectives:

1. Discuss the liabilities related to search warrant and

2. Enumerate who may be held liable

The issuance of a warrant in line with the search and seizure does not automatically guarantee the
success that evidence will be inadmissible in court as part of its procedural requirements. Below are
some of the errors committed and the corresponding charges attached to such violation if convicted.
This includes the following:

1. Perjury- Is a crime define under article 183 of the revised penal code committed by any person
who shall make any untruthful statement and testify under oath, or make an affidavit upon any
material before a competent person authorized to administer an oath. In line with the issuance
of search, the police officer who request the warrant, and make any untruthful statement in his
sworn statement which is made under oath before the presence of the judge shall be liable for
perjury. Same case shall be filed to any complainant, victim or witness who, while executing an
affidavit shall make any untruthful statements;
2. Contempt of court- this shall be charged upon any police officer who fails to deliver property
and inventory to the court who issue the warrant as provided under Section 6, Rule 126, Revised
rules of court specifically to police officer to whom the warrant was issued or he fails to provide
a valid explanation when requested to do so. The same is true to the custodian who fails to
 record to the logbooks the date of return, the result of the execution of warrant and other
action of the judge taken;
3. Violation of domicile- is a crime defined under the article 128 or the revised penal code,
committed by public officer or employee who is not authorized by juridical order, shall enter a
dwelling against the will of the owner and effect a search without the consent of the same. This
will be the liability or the charge of a particular police officer who will enter and search a
particular house, building or any structure without any valid search warrant and seized the
personal property found therein; and
4. Petition for certiorari- if the judge acted with grave abuse of discretion and issued a warrant
without the existence of probable cause, rule 65 of the rules of court shall be applied. The
person aggrieved may file a petition for certiorari.

Chapter 9.1 Ethical issues

Lesson objectives:

1. To discuss the factors that causes ethical issues in investigation and

2. To explain why these factors greatly affects the image of police investigators.

Any law enforcement officer tasked to do the investigative role is often exposed with ethical issues
during the conduct of investigation. Ethical issue refers to the question of performance whether the act
performed is right or wrong. In line with police work, this may refer to the conduct of an individual
police officer as to whether or not he acted within the limits of the law.

These ethical issues may include but not limited to the following:

1. Case overload;
2. Nepotism; or
3. Use of deception

Case Overload

Refers to the accumulation of cases pending for investigation. Ethical issues may arise when one case is
given priority at the expense of another. This is true especially in cases between an easier and difficult
case that requires investigation. As expected, to the police officer will try to solve easier cases as
compared to those that are difficult to handle.

These difficult cases may be due but not limited to lack of evidence or no eyewitness. The tendency is
that, difficult cases may be attended late or may no longer be entertained at all.

Nepotism

Few officers are biased in attending the complaints of the victim. This is possible in cases where the
victims belong to a higher status of community or respectable family. As a result police officer may
weigh the accounts against the rights of all the victims and problem arise when the victim who was not
considered as an important one, will not receive the same service as compared as compared to the
others.

Ethical issue also arises when police officers are trying to prioritize and provide good investigative
service in cases where the victims are their friends, relatives or persons of influence whom they have
connections. Worst, police officers even twist some cases in favor among others especially among circle
of friends or families.

Use of deception

Investigation must be objective and reflective of what is the true crime scene. Simply means, it is free
from any deception. Deception simply means as an act of making others believe in something which is
false. It might be in a form of untruthful statement or act which will be construed by others as true.

Obtaining convection is the absolute desire in the conduct of investigation however it must be based on
factual and faithful investigative process. However, Investigators are permitted to use the concept of
deception in instances like during undercover operations or interrogation process so long it does not
jeopardize the rights of the person accused to have committed a crime and within the ambit of the law.
This deception is referred to as ethical deception. Ethical deception is defined as the process of utilizing
the science of deception done within morally accepted act and conduct.

In an undercover operation, deception is allowed in cases of entrapment procedure but not in cases of
instigation. This is one of the best examples of ethical deception. Entrapment is defined as a form of
investigative technique done in order to apprehend criminals in the act of committing a crime while
Instigation is the act of inducing someone to commit a crime.

In entrapment, there is already a crime committed and the police officers only use deception to hide
their identity. In instigation, however, there is no crime yet and the individual does not intend to commit
a crime- It is the police officers who deceive and push an individual to commit a crime. Entrapment is
allowed by law and can produce conviction, while instigation is not and at all times is barred by the law.

However, it must be noted that deception in the following circumstances are absolutely forbidden such
as but not limited to:

1. Planting of evidence;
2. Making spurious evidence;
3. Making false reports;
4. Making false testimonies in court; and
5. Deceiving fellow officers and superiors.

Ethics in lying

The use of deception increases the chances of apprehending law violators. It is makes it easier to detect
a suspected criminals. One means of deceiving is through the use of lies. Lie may refer to untruthful
statement.

However, some investigators may disregard it as one means in investigating crimes as lying, no matter
how ethical, is still a lie. Some of these factors why others opted not to lie are as follows:

1. The public may destroy confidence towards the police;

2. Lies are immortal; and
3. Spiritual officers may not permit lying.

In addition, the community may no longer believe police officers even if they are giving truthful
information that will be raised in the future as the public is already aware of police activities.
In contrary to those police officers, there are some who believe with the principle of utilitarianism. The
theory of utilitarianism judges the righteousness of things based on the outcome, which means that if it
can benefit the common people, then it is right.

This means that the investigators lie since it is for the common good and the end justifies the means. In
other words, even though lying is wrong but so long they can solve the case under investigation then it is
right. The positive effect of lying which is to gather evidence outweighs or overcome the effect of not
lying and not be able to gather evidence.

Lesson 9.2 Police Ethical Investigation Models

Lesson Objectives:

1. Differentiate criminal and administrative liability;

2. Discuss the difference of malfeasance, misfeacance and nonfeasance; and
3. Examine the different investigation models.

Investigating crime is as far the responsibility of criminal investigators. They perform task as mandated
by their department and by the law as a whole. Nonetheless, they are still subject to both administrative
and criminal liabilities. Administrative liability refers to the accountability of one individual with respect
to the established rules and regulations of the department. Criminal liability refers to the obligation in
which one is liable for committing an act or omission to which the public and the law defined it as a
crime.

As police officers covered by the power to arrest and seized individual person, it can also be prone to
abuse. The power granted by the state and the constitution is so enormous that one police officer can
even cover or incriminate an individual person. With this, the rights of an individual person must be
guarded and punish police abuses. Police abuse simply refers to the misconduct committed by an
individual police officer in line with the performance of his duty. In line with investigation, these police
abuses may generally be labelled as:

1. Malfeasance- refers to the performance of an act by which the law or department rules prohibit
him to do so
Example:
a. Police brutality
b. Instigation
c. Planting of evidence
d. Incriminating innocent person
2. Misfeasance- refers to the improper performance of an act by one who has the option to
perform it better.
Example:
a. Incomplete report
b. Omitting important information in the submission of reports
c. Inappropriate response during investigation process
d. Inadequate investigation skills.
3. Nonfeasance- refers to the failure to perform an act as required by law or department rules and
regulations.
 Example:
a. Failure to give assistance to victims of crime.
b. Failure to respond to complaints before their office
c. Failure to inform and update headquarters regarding the status of the case under
investigation
d. Failure to keep records in the chain of custody.

Police ethical Investigation models refers to the investigation process conducted against police officer
who is suspected to have violated the expected standard of obedience in dealing with police matters.
Some of these models are as follows:

1. Independent Model- This model only allows civilian individuals to conduct investigation against
police officers.
2. Dependent Model- This model limits the investigation of police misconduct within the police
department
3. Interdependent Model- This model is a combination of police officers and civilian Individual to
conduct the investigation. Police officers do the investigation while the civilian act as the
investigation overseer.

Lesson 9.3: Media and Investigation

Lesson Objectives:

1. Discuss the impact of media investigation and

2. Evaluate the advantage and disadvantage of media in investigation.

Media plays an important in information dissemination particularly in matters involving police work.
Media is a form of mass communication done through broadcasting, news publishing or internet. Mass
communication refers to the process of information dissemination done by any media organization in
large scale toward various people in the community usually through television or radio.

In connection with the police activities, plans and programs, the interest of the police department is
effectively communicated to the public through the help of the media. Some of these police activities
that are aided by the media very effectively includes but not limited to the following:

1. Identify the perpetrator of the crime;

2. Locate missing person;
3. Publicity announcement;
4. Police activities; and
5. Community engagements.

However, it must be noted that not all information should be released to the media as it will jeopardize
any matter involving police work. These may include, but not limited to, the following:

1. Conduct of entrapment operation;

2. Surveillance of suspected criminals;
3. Plans of undercover operations; and
4. Intelligence activities.
In addition, while media helps in various police works, it also carries some negative impact to the police
organization. These negative impact may be due to the following:

1. As media help to reach the people faster, it also makes the public to know faster in cases where
police officers were involved in some illegal activities; and
2. Some media practitioners may leak false information or create story to influence and shape the
mind of the public against police organization.

Lesson 11.1: Apprehension and Prosecution

Lesson Objectives:

1. Differentiate the job between police and prosecutors and

2. Discuss what factors affecting case build up.

The job and responsibility of police and prosecutor in criminal investigation are distinct and unique.
Police is responsible for the apprehension of offenders while the prosecutor is responsible for the
prosecution of cases in favor for the government. Apprehension is defined as the legal process of
capturing a person suspected to have committed a crime while the prosecution is the institution of
formal charges against the offender of the crime.

In building a case, both efforts of the police and prosecutor are needed. That may work differently,
however, both of them needs to build a good case. A good case simply means as a case that investigator
considered as feasible and presentable, then it means there will be a better case build-up. Case build-up
refers to the process of building a good case.

It must be noted that not all cases can be investigated. Some of these cases that cannot be investigated
includes but not limited to the following:

1. No tracing evidence-Take note, that tracing evidence helps the investigation through locating
physical evidence gathered and collected from the crime scene;
2. Unavailability of investigative leads- It means no possible eyewitness to the crime or the crime
took place in uninhabited. Uninhabited simply mean as areas or places wherein only few people
live or frequent or otherwise unpopulated;
3. Evidence is destroyed- There are perpetrators who know a lot about the investigative process
and intentionally destroy some physical evidence in order to mislead not only few investigators,
but as good citizens who happen to view and see the crime scene first; and
4. Unwilling victims and complainants- This is possible in cases where the victims or complainants
are no longer interested to file criminal action either they are afraid that the perpetrator will
retaliate or they find no interest in filing criminal action.

In addition, not all cases can be presented in court. This is true in cases like but not limited to the
following:

1. The prosecutor finds no probable cause. Take note that probable cause is needed to be
established in order to prosecute the case forward to the court level; and
2. Prosecutor finds that the evidences are incompetent. This means that the evidence is gathered
illegally or not in accordance with the established legal rules.
Lastly, while it is true that investigators and prosecutors function differently, however, they must have
an interdependence. Inter-dependence meaning, they need to work as one as they have one common
purpose which is the success of the case.

Lesson 12.1: Cybercrime

Lesson Objectives:

1. Discuss the scope and nature of cybercrime;

2. Enumerate basic terms related to cybercrime; and
3. Enumerate the crime considered as cybercrime.

Through the advancement of technology, crimes can now be committed through another medium,
which follows that the way of investigating crimes can now be committed through another medium,
which follows that the way of investigating crime needs to be upgraded in response to the modern and
current society.

Cybercrime is a terminology that refers to all crimes committed through cyberspace done with the aid of
computer or any digital devices capable of sending, receiving, transmitting, recording, or storing
computer data. Cyberspace refers to communications made through digital devices in virtual
environment. Virtual environment meaning, the communication is not done physically but rather with
the aid of digital technology

Digital technology may refer to any devices such as but not limited to computers, cell phones,
smartphones, and other devices that can send, receive, transmit, record or store computer data.
Technically, computer data may refer to anything stored in the memory of the computer software. It
could either be text, drawing, images, video audio or any form of communication.

In the aspect of cybercrime, computer is very famous as it is the primary device used in committing
cybercrime. Technically, a computer is a device that can perform various functions depending upon the
instruction that can be performed by the given software and hardware embodied therein. However, as
modern technology keeps on evolving, the term computer is legally defined as an electronic, magnetic,
optical, electrochemical or other data processing or communications device, or grouping of such
devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any
storage facility or equipment or communications facility or equipment directly related to or operating in
conjunction with such device (Paragraph 4, Section 4 of RA 10175).

It covers any type of computer device including devices with data processing capabilities like mobile
phones, smart phone, computer networks and other devices connected to the internet (Paragraph 4,
Section 4 of RA 10175).

This means that the term computer is a general term referring to all digital devices that has a data
processing capability. It is very important to know the perspective of the term computer as it is very
essential in the prosecution of cases in line with digital investigation. Digital Investigation is defined as
the process undertaken by the forensic computer investigator and forensic computer examiner to
uncover the elements of the offense committed which are directly or indirectly contained in the digital
devices and which are necessary for the prosecution of criminal charges. Digital device is a generic term
referring to all devices capable of performing multiple functions such as storing, sending, and receiving
electronic data. Electronic data simply means as any data or information stored through electronic
means. The term electronic data also cover the perspective under computer data.