Module 15 Flashcards
This was established in a US Supreme Court decided case.
Doctrine of the Fruit of the Poisonous Tree
Other term for The doctrine of the fruit of the poisonous tree
Exclusionary Evidence
Under the Exclusionary rule known as the fruit of the poisonous tree,
once the primary source is shown to have been unlawfully obtained, any secondary or derivative evidence derived from it is also inadmissible (People vs. Alicando, 251 SCRA 293; People vs. Sequino, 264 SCRA 79).
the right to remain silent; the right to have competent and independent counsel preferably of his own choice and the right to be informed of these rights (People vs. Logronio, 214 SCRA 519; People vs. Duero, 104 SCRA 379).
The Miranda Doctrine
actual taking of a person into custody by an authority in order that he or she may be bound to answer for the commission of an offense.
Arrest
is an order in writing issued in the name of the People of the Philippines, signed by a judge directed to a peace officer, commanding him to arrest the person designated and take him into custody of the law in order that he may be bound to answer for the commission of an offense.
Warrant of Arrest
refers to the warrant of arrest issued by a judge to the peace officer after returning the original warrant of arrest after the lapse of the 10-day validity period.
Alias Warrant
As provided in its general rule, it is a requisite that warrant should be issued in
The name of the person to be arrested
Any peace officer who arrests a person without warrant may be liable under
Article 125 of the revised penal code
What rule provides the exception to the general rule mentioned above
Rule 113 Section 5, Rules of Court
Best method of restraint
Handcuffs
act of examining documents, papers and effects.
Search
another 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 and bring it before the court.
Search warrant
If an officer effected the search without warrant, he may be liable of
Article 128 of the Revised Penal Code (Violation of Domicile)
Whatever evidence obtained in the process of warrantless search is
not admissible as evidence in court for it is considered as “fruit of the poisonous tree
the person submitted himself voluntarily to be searched, it is good, as there is a search warrant because of the consent of the person to be searched.
Consented search
When one is legally arrested for an offense, whatever is found in his possession or in his control may be seized and used in evidence against him
- Seizures of Articles Found in Possession of a person Arrested
properties that are subject to seizure:
Subject of the offense
Stolen or embezzled properties
Proceeds or fruits of the offense
Property used or intended to be used as means for the commission of an offense
Provided that the search is contemporaneous to the arrest and within the permissible area. 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 search warrant.
b. Search is incidental to lawful arrest.
It involves illegal entry of “smuggled goods” in our country that may affect the local businesses especially the small-time businessmen. The search is usually conducted by the officers and agents of the Bureau of Customs.
c. Search in violation of tariff and custom laws
police officers can seize articles or objects which inadvertently come to their view without exerting any effort and which object is incriminatory to the accused. Based from the decisions of trails courts, the doctrine includes the five senses of an individual to detect violations of law.
Plain view doctrine
This is popularly called as “check point”. This instance of warrantless search cannot be done anytime. The “checkpoints” must be done during “abnormal times” when the public welfare is at stake.
Search of moving vehicles
Inspectors of a certain building for the purpose of maintain sanitation, fire and building regulations are required to enter every building as well as every room necessary to be inspected without arming themselves with search warrant.
f. Inspection of buildings for fire and sanitary regulations
The initial purpose of using this search is to put the suspect in an “off-balanced position”.
This is the safest type of search.
It does not necessarily require a wall. Any object that can support the weight of the suspect (such as a car) can be used.
Wall search
Instruct the subject to raise his hands above or behind his head with feet spread apart as far as possible. In some situations, this is not recommended because some suspects could still maintain their balance.
Standing search
Require the suspect to kneel on the ground with hands raised over or behind his head.
Note that some suspects could still make counter actions against the arresting officer even if they are assuming this position.
Kneeling search
The suspect in this search lies on his stomach with arms and legs outstretched. One disadvantage of this search is that the suspect’s frontal area cannot be searched properly.
This type of search can be dangerous if the subject has knowledge in judo, aikido and other similar forms of defense tactics.
Prone search
