RAID, SEARCH AND

SEIZURE
RAID
RAID
A raid is a surprise invasion
of a building or area.
Every member of a law enforcement
organization must know the technique of
conducting a raid.
b. Raids are usually made after careful
investigation and when other methods of
accomplishing the mission are not
suitable.
c. Whenever available, men experienced
in conducting police raids should be
chosen as raid commanders.
Legal basis. A raid must be legal, having
its basis in lawful process and conducted
in a legal manner. This will be in the form
of a search warrant or warrant of arrest.
The raid may be in pursuit of a person
reasonably believed to be guilty of felony
and when it is known that the felony has
just been committed.
OBJECTIVES

The purpose of a raid is usually to:

◦a. Effect an apprehension;
◦b. Obtain evidence of illegal
activity by surprising the
offenders in flagrante delicto; or
◦c. Recover stolen property
Coordination with the Local Station
Commander.
It is imperative that immediately before the
service of a search warrant, the team leader
should see to it that proper coordination is
made with the commander of local police
station having jurisdiction over the target
premises. The coordinating party will inform
the local station that their team is conducting
an operation in their area. This gesture of
coordination is not only a manifestation of
courtesy but also a safety measure to avoid
the possibility of a mistake encounter.
BASIC REQUIREMENT
IN THE CONDUCT OF
RAID
Generally, all police operations
(arrest, raid, search and seizure,
checkpoint, etc) shall be
conducted:
a. With a marked police vehicle
b. Preferably led by a Commissioned
Officer
c. With personnel in proper police uniform
(Rule 3, PNP Operational Procedures)

Exception to this rule is when using a

marked police vehicle will jeopardize the
safety of the raiding team and will greatly
affect the success of the operation
USE OF REASONABLE
FORCE
The use of force shall be avoided. However,
when during the conduct of the raid an
armed confrontation took place due to
unavoidable circumstances, the police may
use reasonable force to overcome the threat
posed by the suspect. The use of firearm is
justifiable only by virtue of the Doctrines of
Selfdefense, Defense of Relative, and
Defense of Stranger, and if the police has
probable cause to believe (based on facts)
that the suspect poses an imminent danger
of death or serious physical injury to the
police or other persons.
The officer-in-charge must
ensure that no innocent civilian is
caught in the crossfire (Rule 6
and 7 supra).

Things to be done after a raid

where an armed confrontation
ensued. The officer-in-charge
shall:
a. Secure the sight of the confrontation;
b. Check whether the situation still poses
imminent danger;
c. Evacuate the wounded to the nearest
hospital;
d. Account for the killed, wounded and
arrested persons for proper disposition
(Rule 9, ibid)
JurisdictionalInvestigation. The
police unit which has jurisdiction
over the area of the armed
confrontation, together with the
SOCO team, if any, shall
immediately undertake the
necessary investigation and
processing of the scene of the
encounter (Rule 10, PNP
Operational Procedures).
Dont’s in Raid

a. Don‟t take unnecessary chances.

b. Don‟t underestimate the ability or
courage
c. Don‟t raid when not properly prepared.
d. Don‟t endanger the lives of
bystanders.
e. Don‟t use police personnel who are not
well-acquainted with each other. of the
subject(s).
f. Don‟t forget gas masks when employing
teargas.
g. Don‟t be unnecessarily violent on the
subject(s).
h. Don‟t shoot unless very imperative.
i. Don‟t touch the evidence unless seen by
witnesses, or by the owner or occupant of
the place.
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.
What is a Search Warrant?

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 to bring it before the court. (Sec
1, Rule 126)
Requisites
for filing an application for
Search Warrant:

All applications for Search Warrant shall be

personally endorsed by the Heads of the
Agency for the search of places and the
things to be seized to be particularly
described therein. The application shall be
recorded in a log book. The application shall
likewise indicate the following data:
a. Office applying for the Search
Warrant;
b. Name of officer-applicant;
c. Name of the Subject, if known;
d. Address/place(s) to be searched;
e. Specific statement of
things/articles to be seized;
f. Sketch of the place to be
searched.
Asearch warrant shall be issued
only upon probable cause (personal
knowledge of facts and not mere
hearsay) in connection with one
specific offense to be determined
personally by the judge. The facts
must be sufficient to establish the
need for the issuance of the
warrant.
Where to file Search Warrant: An application
for search warrant shall be filed with any court
within whose territorial jurisdiction a crime
was committed; or for compelling reason
stated in the application, with any court within
the judicial region where the crime was
committed if the place of the commission of
the crime is known, or any court within the
judicial region where the warrant shall be
enforced. If the criminal action has been filed,
the application shall only be made in the court
where the criminal action is pending (Sec. 2,
Rule 126 Rules of Court).
Requirements and other significant
features in a Search Warrant
◦ Probable Cause Required for
Search Warrant. Probable cause
means that sufficient facts must be
presented to the judge issuing the
warrant to convince him that
circumstances sufficiently establish
the need for the issuance of the
warrant.
b. May Things Illegally Seized be Admitted
as Evidence? The fruits of an illegal search
are inadmissible as evidence. Any
evidence obtained in violation of the right
of the people against unlawful searches
and seizure shall be inadmissible for any
purpose in any proceeding. [Sec 3(2), Art.
III, 1987 Constitution.]
May Articles Not Mentioned in the Searched
Warrant be seized? Generally, articles not
included in the search warrant may not be
seized. However, articles prohibited by a
statute, although not included in the search
warrant, may be seized. Thus, if during the
progress of a bonafide search for other
commodities illegally possessed, whether with
search warrant or not, contraband or items
declared as illegal perse are discovered, the
contraband can be seized. The seizure of goods,
the possession of which is forbidden by statute,
violates no constitutional right of the accused.
Procedures in the Implementation of a
Search Warrant
How to Serve a Search Warrant. A search
warrant must be served within ten (10)
days from its date (thereafter, it shall be
void) Sec 9, Rule 126) in the following
manner:
a. The police officer concerned must go to
the place indicated in the search warrant
and take the things described therein, in
the presence of at least one competent
witness who is a resident of the
neighborhood. If he is refused admittance
to the place of search after giving notice
of his purpose and authority, he may force
himself in to execute the warrant; and if
he is detained therein, he may force
himself out to liberate himself. (Sec 6,
ibid)
b. The search must be made at daytime,
unless otherwise stated. (Sec. 8, ibid) No
search of a house, room, or any other
premises shall be made except in the
presence of the lawful occupant thereof or
any member of his family or in the
absence of the latter, two (2) witnesses of
sufficient age and discretion residing in
the same locality. (Sec. 8, Rule 126)
c. The officer seizing the property must
issue a detailed receipt for the same to
the lawful occupant of the premises in
whose presence the search and seizure
were made, or in the absence of such
occupant, must in the presence of at least
two (2) witnesses of sufficient age and
discretion residing in the same place,
leave a receipt in the place in which he
found the seized property. (Sec. 11, Rule
126)
NOTES
In compliance with this procedure, it has
been standard practice to issue a RECEIPT
FOR PROPERTY SEIZED (See Apendix “A”)
after a seizure
The receipt is signed by the seizing officer
only and two witnesses
that such receipt when signed by the
accused is in effect an extrajudicial
confession of the commission of the
offense charge.
Consequently, if the accused
does not sign such receipt, it may
still be used in evidence.
Moreover, if the accused DID in
fact sign the receipt, but he
signed it with the assistance of a
lawyer of his choice, that act
would constitute a valid waiver of
his right against selfincrimination.
It must be noted that in the cases cited
above, the crime charged is possession of
prohibited drugs. Thus, the signature of an
accused on the receipt is a declaration
against interest and a tacit admission of the
crime charged, as mere unexplained
possession of prohibited drugs is punishable.
The doctrine is therefore not a hard and fast
rule as far as the “Receipt for Property
Seized” is concerned. If the crime charged is
possession of unlicensed firearms, for
example, the doctrine would apply. In other
cases, it does not apply.
Another document which is made after a
search is a CERTIFICATION OF PROPERTY
SEIZED (See Appendix “B”). This is signed
by the owner of the seized property, and
would seem to fall more under the court
pronouncement above than the “Receipt
for Property Seized” does.
d. As much as possible, during the opening
of safes,drawers, cabinets, tables, etc., the
lifting of the articles should be done by the
owner of the house or his authorized
representative, or by immediate members
of his family, to preclude any suspicion of
theft or planting of evidence.
e. Thereafter, the officer must immediately
deliver the things or property seized to the
judge who issued the warrant, together
with an inventory duly verified under oath.
(Sec 11, ibid.)
f. Things or personal properties not specifically
indicated or particularly described in the search
warrant shall not be taken;
g. Court approval necessary to Retain Seized
Property. Approval by the court which issued
the search warrant is necessary for the
retention of the property seized by the police
officers; and only then will their custody of the
court to be allowed. Absent such approval, the
police officers have no authority to retain
possession …and more so, to deliver the
property to another agency…(Vide Tambasen
v. PP, 246 SCRA 184)
Lawful Warrantless Searches and Seizures

a. When there is consent or waiver. To be valid

waiver, the right must exist, the owner must
be aware of such right, and he must have an
intention to relinquish it.
b. When evidence to be seized is in “plain
view.” The discovery of the evidence must
be inadvertent or unintentional.
c. Customs search or searches made at
airports/seaports in order to collect duties.
This warrantless search is allowed due to
urgency
d. Search of moving vehicles may be made without a
warrant because it would be impracticable to secure a
warrant before engaging in “hot pursuit.” (Bagista 214
SCRA 63)
e. Routine searches made at or in the interest of
national security, such as border checks or
checkpoints.
f. Stop-and-search or stop-and-frisk, where the search
precedes the arrest, and is allowed on grounds of
reasonable suspicion.
g. Search incidental to a lawful arrest. A person
lawfully arrested may be searched for dangerous
weapons or anything which may be used as proof of
the commission of an offense, without a search
warrant. (Sec 12, Rule 126)
It should be noted that the arrest must
precede the search. The search is limited
to body search and to that point within
reach or control of the person arrested, or
that which may furnish him with the
means of committing violence or of
escaping or reach for evidence to destroy
it (PP vs. Lua, 70 SCAD 446)
h Search of Vessels – Search of vessels
and aircraft because of their mobility and
the relative ease in fleeing the state‟s
jurisdiction (Roldan vs Arca, 65 SCRA 336).
i Exigent Circumstances – Justice Reynato
Puno proposed this exception as a catch-all
category that would encompass a number
of diverse situations where some kind of
emergency makes obtaining a search
warrant impractical, useless, dangerous or
unnecessary ( PP vs. Fernandez, 57 SCAD
481)
SEIZURE
is the confiscation of personal property by
virtue of a search warrant issued for the
purpose. A search warrant may be issued
for the search and seizure of the following
personal properties:
a. Subject of the offense;
b. Stolen or embezzled and other
proceeds, or fruits of the offense; or
c. Used or intended to be used as the
means of committing an offense.
Items to be Seized
A search warrant may be issued for the
search and seizure of the following personal
property:
a. Property subject of the offense;
b. Property stolen or embezzled and other
or fruits of the offense; and
c. Property used or intended to be used for
committing an offense. (Sec 2, ibid)
Disposition of Seized Items
The following will be seized at the scene of
the raid:
a. Weapons which may be used against the
raiding party.
b. Articles which might be used as a
means of suicide.
c. Articles which might be used in escaping.
d. Articles which might be used in the
commission of the crime. e. Proceeds or
fruits of the crime (stolen property).
Disposition of money and other valuable
property

a. Money should be counted and the serial

numbers of the bills noted;
b. Valuables should be sealed in a property
envelope in the presence of the owner;
c. Property envelope should show a
complete inventory of its contents;
d. The owner should initial the outside of
the envelope showing approval of its
contents;
e. Raiding officers should sign their names
on the outer part of the envelope; and
f. A receipt should be given to the suspect.
However, this is qualified by the decision of
the Supreme Court declaring as
inadmissible in evidence the Receipt for
Property Seized, signed by the accused, in
cases where mere possession of the items
seized is punishable.
Disposition of articles not covered in a
search warrant
a. If the articles are illicit or contraband,
the same must be seized.
b. Such articles may be used as evidence
to prosecute the person.
c. Non-contraband articles must be
returned to the owners or must not be
seized in the first place.
c. Charges and counter-charges -
All charges and counter-charges
arising from the same incident
shall, as far as practicable, be
consolidated and inquested
jointly to avoid contradictory or
inconsistent disposition.
d. Duty of Inquest Officer - The
Inquest Officer shall first determine
if the arrest of the detained person
was made in accordance with
paragraphs (a) and (b) of Section
5, Rule 13 of the 1985 Rules on
Criminal Procedure, as amended,
which provide that arrest without a
warrant may be affected:
d. Duty of Inquest Officer - The
Inquest Officer shall first determine
if the arrest of the detained person
was made in accordance with
paragraphs (a) and (b) of Section
5, Rule 13 of the 1985 Rules on
Criminal Procedure, as amended,
which provide that arrest without a
warrant may be affected:
1. When, in the presence of the arresting
officer, the person to be arrested has
committed, is actually committing, or is
attempting to commit an offense; or
2. When an offense has in fact just been
committed and the arresting officers have
personal knowledge of facts indicating
that the person to be arrested has
committed it.
For the purpose, the Inquest
Officer may summarily examine
the arresting officers on the
circumstances surrounding the
arrest of apprehension of the
detained person.
d. Duty of Inquest Officer - The
Inquest Officer shall first determine
if the arrest of the detained person
was made in accordance with
paragraphs (a) and (b) of Section
5, Rule 13 of the 1985 Rules on
Criminal Procedure, as amended,
which provide that arrest without a
warrant may be affected:
1. When, in the presence of the arresting
officer, the person to be arrested has
committed, is actually committing, or is
attempting to commit an offense; or
2. When an offense has in fact just been
committed and the arresting officers have
personal knowledge of facts indicating
that the person to be arrested has
committed it.
For the purpose, the Inquest
Officer may summarily examine
the arresting officers on the
circumstances surrounding the
arrest of apprehension of the
detained person.
d. Duty of Inquest Officer - The
Inquest Officer shall first determine
if the arrest of the detained person
was made in accordance with
paragraphs (a) and (b) of Section
5, Rule 13 of the 1985 Rules on
Criminal Procedure, as amended,
which provide that arrest without a
warrant may be affected:
1. When, in the presence of the arresting
officer, the person to be arrested has
committed, is actually committing, or is
attempting to commit an offense; or
2. When an offense has in fact just been
committed and the arresting officers have
personal knowledge of facts indicating
that the person to be arrested has
committed it.
For the purpose, the Inquest
Officer may summarily examine
the arresting officers on the
circumstances surrounding the
arrest of apprehension of the
detained person.