Criminal Investigation Introduction PDF

Etymology of Investigation The term came from the Latin word INVESTIGARE (vestigare in some books) which means “to track or to look into for traces”. Fundamentally, it may have been derived from VESTIGIUM, another Latin word which means footprint. (MS Encarta Reference Library, 2...

Etymology of Investigation The term came from the Latin word INVESTIGARE (vestigare in some books) which means “to track or to look into for traces”. Fundamentally, it may have been derived from VESTIGIUM, another Latin word which means footprint. (MS Encarta Reference Library, 2009) Criminal Investigation came from the Latin term “Investigationem”, which means “to inquire or to discover” during the 5th century. Investigation therefore refers to searching into either individual or properties. What is investigation? Investigation is the act or process of investigating or the condition of being investigated. It also refers to search or inquiry for asserting facts, detailed or careful examination. Investigation refers to the process of carrying out a detailed examination or inquiry usually in official manner, to discover something or somebody. Investigation is the systematic and thorough examination or inquiry into something or someone and the recording of this examination, this process involves studying, tracking and gathering of factual information that solves a problem or give answers to questions. Criminal investigation is defined as the collection and analysis of facts/truths about persons, things, places that are subjects of a crime.To identify the guilty party, locate the whereabouts of the guilty party, and provide admissible pieces of evidence to establish in the guilt of parties involved in crime (Cael & Agas,2000). Criminal investigation is a legal inquiry by virtue a complaint to follow up, examine, trace, track and search, step-by-step examination or process and meticulous observation, the fact of the commission of a crime , the identity of the actors, and the circumstances attendant thereto, by careful evaluation of all available pieces of evidence to the end that violators of the law be brought the bar of justice, and innocent be relieved therefrom (Sadili & Peña, 1998). Criminal investigation is the collection of facts to accomplish the threefold aims: a) Identification of the guilty party b) The location of the whereabouts of the guilty party, and c) Providing admissible evidence to establish the guilt of the parties involved in the crime. THE SIX (6) CARDINAL POINTS OF INVESTIGATION the CARDINAL QUESTIONS to be answered in the course of criminal investigation 1. WHAT specific offense has been committed? Nature of crime 2. WHERE crime was committed? Place or location 3. WHEN it was committed? Time and date 4. WHOM it was committed? Persons/s involved 5. WHY it was committed? Reason or motive of Committing the crime 6. HOW it was committed? Manner, method or modus operandi Starting Points of the Criminal Investigation 1. State the problem -the problem would be; to identify, locate and arrest the perpetrator of the crime and attempt to recover all stolen property in a thorough legal manner designed to ensure the greatest probability of justice. 2. Form hypothesis -to construct an explanation for an occurrence by knowing the ff; a. Motive- that which causes a person to act in a certain manner b. Knowledge/opportunity- given chance to commit crime c. Means/Instrumentality - the things used to commit crime 3. Observed and Experiment - serves as a check for the hypothesis that is incorrect or correct. KINDS OF CRIMINAL INVESTIGATION 1.Investigation while the suspect is under arrest and detention; and General Rule: A person arrested by virtue of warrant of arrest is not covered by criminal investigation and must not be placed under custodial investigation for obvious reasons that he is already held accountable to that particular crime before the court of justice. Exemption to the rule: 1. When the person arrested by virtue of a warrant of arrest is likewise being held for a separate distinct criminal complaint which is the subject matter of another criminal investigation. 2. When the person arrest by virtue of a warrant of arrest is charged in court as “John Doe”or “Richard Doe”, and for which criminal investigation is necessary incident to establish his real identity, name, surname through cartographic sketches and available witnesses. 3. A person placed under arrest in connection with the execution and implementation of a search warrant was found in possession of recently stolen articles. 2. Investigation where the suspects is “at large.”  Legally speaking, the term ‘at large’ is not synonymous the “fugitive from justice.” The former, not being a wanted person before the eyes of the law, and therefore, cannot be lawfully arrested without a warrant. The latter is necessarily an escapee from detention or an escaped prisoner while serving the sentence by virtue of a final judgment rendered by a court of competent jurisdiction that can be legally arrested without the necessity of a warrant of arrest based from paragraph c, Sec 5, Rule 113, Rules of Court. THREE PHASES OF CRIMINAL INVESTIGATION 1. The criminal is identified. 2. The criminal is traced, located and arrested. 3. The fact or evidence to prove his/her guilt is gathered for introduction during trial. GOALS OF CRIMINAL INVESTIGATION 1. To determine whether a crime has been committed. 2. To legally obtain information or evidence. 3. To identify persons involved. 4. To arrest suspects. 5. To recover stolen properties. 6. The present the best possible case to the prosecutor. MODES OF INVESTIGATION 1. Reactive mode of investigation addresses crimes that already happened or occurred. investigators respond to collect evidence & interview witnesses then identify & arrest suspects 2. Proactive mode of investigation identifies and arrests suspects before crime will happen. It is designed to catch a criminal in the act of committing a crime rather than waiting until a crime is reported by a concerned citizen. - e.g. vice & organized crime investigations. PREVENTIVE RESPONSE - prompt arrest; aggressive prosecution, immediate justice Nature of Criminal Investigation 1.Criminal Investigation as a Science  Criminal investigations science because it involves the application of knowledge of forensic science is in the process of identifying, locating, collecting, processing, and/or evaluating physical evidence (Manwong, 2004). ⮚ Modern day criminal investigators often apply scientific knowledge, based on fixed principles (rigid rules). ⮚ Ex: Dactyloscopy (fingerprinting) is often used by investigators, what is the underlying principle behind this science that serves as example of a fixed rule? ▪ No 2 persons have exactly the same fingerprints in their individual characteristics. (Principle of Individuality) ⮚ In forensic chemistry, what is the main theory applied (which is another example of a fixed principle)? ▪ Every contact leaves a trace (EXCHANGE PRINCIPLE, PRINCIPLE OF CONTRACT) In forensic science, Locard's principle holds that the perpetrator of a crime will bring something into the crime scene and leave with something from it, and that both can be used as forensic evidence. Dr. Edmond Locard (1877– 1966) was a pioneer in forensic science who became known as the Sherlock Holmes of Lyon, France. He formulated the basic principle of forensic science as: "Every contact leaves a trace". It is generally understood as "with contact between two items, there will be an exchange." Paul L. Kirk expressed the principle as follows: Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as a silent witness against him. Not only his fingerprints or his footprints, but his hair, the fibers from his clothes, the glass he breaks, the tool mark he leaves, the paint he scratches, the blood or semen he deposits or collects. All of these and more, bear mute witness against him. This is evidence that does not forget. It is not confused by the excitement of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence cannot be wrong, it cannot perjure itself, it cannot be wholly absent. Only human failure to find it, study and understand it, can diminish its value. 2. Criminal Investigation as an Art ⮚ Criminal investigation an art as well as science ⮚ Why? Because activities performed by investigators are not always governed by rigid rules or fixed legal procedures but most often based on intuition (logic and tested knowledge, immediately learning or consciousness) and sometimes by chance ⮚ The art of using various techniques to identify and locate criminal offenders and then prove their guilt thru a criminal proceeding  Why do some people say that criminal investigation is more than an art rather than a science? ⮚ Some authors say that criminal investigation is more than an art rather than a science because it is not governed by rigid rules or principles. As an art, what are the 3 things that govern the actions of crime detectives? ⮚ If criminal investigation is considered an art, then investigative activities are often governed by 3 things and these are o Intuition refers to the investigator’s instinct or "gut feeling" that is shaped by experience and expertise. o Felicity, or inspiration, is the creative insight or sudden realization that helps move an investigation forward. o Chance or luck refers to unforeseen events or coincidences that can impact the outcome of an investigation. What was Hans Gross’ really saying when he mentioned that criminal investigation is 95% perspiration, 3% inspiration and 2% luck? ⮚ Investigators should not only depend on inspiration or luck else they will fail 95 % in their investigation ⮚ 100% effort must be exerted because inspiration or luck may never come in his way. (Garcia) 3. Criminal Investigation as a Process ⮚ Criminal Investigation involves the systematic process of identifying, collecting, preserving, and evaluating data or raw facts to produce valuable information to prosecute a criminal offender that eventually leads to proper administration of justice. What are the major steps in criminal investigation if it is regarded as a process? 1. Recognition Recognition involves the efforts of identifying data, including physical things that may provide relevant information regarding the criminal case being investigated. That is why recognition is otherwise known as identification stage of investigation. The earlier the significant facts are identified, the sooner the case will be solved. 2. Collection  Collection refers to the gathering this identify data or facts, or physical things that are significant to the case under investigation. Collection may be done by scraping the bloodstains found at the crime scene, interviewing the neighbor who saw the burglary, or examination of drug dealer’s bank book. 3. Preservation Preservation is a function that is almost simultaneously performed during the collection stage. It includes the act of keeping the collected pieces of evidence in their true an original form, preventing contamination or destruction of their substantive value. Preservation does not only involve the process of packaging physical evidences in order that they can be safely transmitted to the evidence custodian or to the crime laboratory but covers the process of maintaining the objectivity of facts or information also gathered from the testimony of witnesses, victims or other persons involved in the criminal case. 4. Evaluation Evaluation refers to the process of determining the probative value of the evidence. Probative value refers to the strength of the evidence or its worth or weight in successfully establishing a proof that a crime has in fact been committed and that the suspect or accused is the one who is responsible for it. 5. Presentation Presentation is primarily manifested in the courtroom. The investigator, with the help of the prosecutor, must be able to present facts and information in a very simple and convenient matter in order to convince the court and other parties involved in the criminal case about the validity and truthfulness of the evidence they are trying to prove or establish (Weston & Wells, 1997). CRIMINAL INVESTIGATOR Criminal investigator refers to the person who performs an investigation. Criminal investigator is also known as prober and is considered as the superstar in the process of investigation (Cael & Agas, 2000). - a person who is charged with the duty of carrying on the objectives of criminal investigation, e.g., to identify and locate the guilty and provide evidence of his guilt. - Criminal investigators are those authorized by law to conduct close analysis on criminal cases. They are tasked to find answers to all questions concerning a crime. To do this, they must maximize using the tools in investigation. Role of Investigator Determine whether a crime has been committed Identify the victim/s and the offender Locate and apprehend the accused Present evidence of guilt for the suspect/s Assist in case follow-up CHARATERISTICS OF COMPETENT CRIMINAL INVESTIGATOR 1. Perseverance. It refers to steadfastness, persistence, and resolution to bring the desired conclusion in spite of obstacles connected with criminal investigation. 2. Endurance. This is the ability of the investigator to last physically and mentally hence he/she must have the extraordinary physical and mental energy, enduring sleepless nights and tiresome days. 3. Incorruptible honesty and integrity. This refers to the degree of honesty and integrity of the investigator on several temptations over money that are offered to affect the investigation. Women and drinks are tricks of temptations. 4. Intelligence and Wisdom of Solomon. This is very important in order that the investigator could easily decipher falsehood from truth and separate the grain from the chaff. 5. Acting Activity. It refers to the ability of the investigator in stooping down to the level of a minor, the prostitute or the slum dwellers, professionals, or other members of the elite during the investigation process. 6. Oral and Written Communication. Every investigator should have a basic knowledge on both oral and written communication in probing a certain issue in order that he or she will not suffer setbacks in getting the accurate facts especially in the preparation of reports and or transmittal of information. This includes the use of appropriate words in making a report in writing observations and descriptions of places, things, and events. 7. Observation and Description. The investigator should be a keen observer and knows how to accurately describe anything. This is important in crime scene investigation an in conducting an interview and interrogation. 8. Courage. Is the moral fortitude of the investigator to tell the truth irrespective of who gets hurt. 9. Knowledge on Laws. The investigator should have basic knowledge on legal matters concerning investigation. 10.The power to “read between the lines”. These are the first is the ability of the investigator to interpret the words or phrases encountered in the process of investigation into their deeper meaning in order to arrive with a concrete meaning of a certain statement. 11.Technical Knowledge. This refers to the investigator’s capability of defense tactics, use of firearms and the like. In many occasions, he or she will be alone in confronting, arresting, bringing to headquarters and interrogating the suspect (Garcia, 2004). To be a competent criminal investigator according to the National Institute of Justice, you must possess the following most desired characteristics: 1. Positively motivated (inspired) 2. Intuitive  3. Psychologically and emotionally stable 4. Judicious or discreet 5. Street-smart 6. Team-player (has a good sense of teamwork) 7. Persistent 8. Intelligent 9. Dedicated to his profession 10. A person with integrity (objective in performing his tasks) 11. Reliable Motivation was identified by the NIJ as the first primary trait of a competent investigator. The reason is obvious. To successfully perform a task, you must have interest in doing it. History and Relevant Laws in Criminal Investigation Timeline And Personalities In Criminal Investigation 2100 B. C. BABYLON: as civilization developed, social and cultural traditions were codified into formal laws. The Code of Hammurabi was then implemented to detect those who refused to obey the law. It consist of 282 laws, with scaled punishments known as Lex Talionis or law of retribution which means ”an eye for an eye, a tooth for a tooth” Ex. Law #22: "If any one is committing a robbery and is caught, then he shall be put to death." Ex. Law #129: "If the wife of a man has been caught lying with another man, they shall bind them and throw them into the waters. If the owner of the wife would save his wife then in turn the king could save his servant." Ex. Law #196: "If a man destroys the eye of another man, they shall destroy his eye. If one breaks a man's bone, they shall break his bone. 5th CENTURY B.C., ROME: Rome created the first specialized investigative unit. It was named as QUESTORS/TRACKERS/MURDERERS due to their cruel treatment to suspects in investigating crimes. 6th CENTURY B.C. ATHENS: Unpaid magistrates (judges), were appointed by the citizens to make decisions for the cases presented to them. 9th CENTURY. ENGLAND: King Alfred the Great established a system of “mutual pledge” (social Control), which organized for the security of the country into several levels; 1. TEN TITHING - One hundred persons are grouped into one under the charge of a High Constable. 2. TITHING - Ten persons are grouped together to protect one another and to assume responsibility for the acts of the group's members. *SHIRES - The divisions of a specific geographic area. It is being controlled by the king and governed by a Shire-reeve, or Sheriff. In medieval England, frankpledge was a system of law enforcement and policing in which members of society were mutually responsible for the behavior of their peers. The system included everyone in the community except the highest nobility and their households. TIME OF CHRIST, ROME: The Roman Emperor Augustus picked out special, highly qualified members of the military to form the Praetorian Guard, the Praefectus Urbi and the Vigiles of Rome. 1. Praetorian Guard – this was considered the first police officers , their job is to protect the palace. 2. Praefectus Urbi – Their faction is to protect the city. They have both executive and judicial power. 3. Vigiles of Rome- the vigils began as fire fighters, they were eventually also given law enforcement responsibilities and they patrolled Rome’s streets day and night. The vigiles could be considered the civil police force designed to protect citizens. 1285 A.D., ENGLAND: THE STATUTE OF WINCHESTER was enacted establishing a rudimentary criminal justice system in which most of the responsibility for law enforcement remained with the people themselves. It was enacted for law and order. 1720’s, ENGLAND: JONATHAN WILD – He was a buckle maker and a brothel operator; a master criminal who became the London’s most effective criminal investigator. - he was the most famous THIEF-CATCHER in 1720s. He conceived the idea of charging a fee for locating and returning stolen property to its rightful owner. 1750s, ENGLAND: HENRY FIELDING – An English man who wrote a novel entitled “TOM JONES” and was appointed as magistrate (sheriff) for the areas of Westminster and Middle Age, London. He was the creator of the Bow Street Runners. Bow Street Runners were the law enforcement officers of the Bow Street Magistrates' Court in the City of Westminster. They have been called London's first professional police force. The force originally numbered six men and was founded in 1749 by magistrate Henry Fielding, who was also well known as an author. The group was disbanded in 1839 and its personnel merged with the Metropolitan Police, which had been formed ten years earlier. 1753, ENGLAND: JOHN FIELDING – The younger brother of Henry Fielding who took over the control of Bow Street Court in 1753. Despite of his closed vision (blind), he guided the runners, they became quite effective. 1800, LONDON: PATRICK COLQUHOUN – A prominent London President who proposed the unique idea of creating sizeable uniformed  force to police the city of London in order to remedy the public outcry concerning the increase of criminality during the early 1800s. EARLY 18TH CENTURY, ENGLAND: The first body of public-order officers to be named police in England was the Marine Police, a force established in 1798 to protect merchandise in the port of London. 1811, FRANCE: EUGENE “FRANCOIS” VIDOCQ - established a squad of ex-convicts to aid the Paris Police in investigating crimes. He worked under the theory of “Set a thief to catch a thief.” He introduced the concept of “Trade Protection Society,” which became the forerunner of our present-day credit card system. He is credited, as the founder of La Surete, France’s National Detective Organization. 1829, LONDON: ROBERT PEEL – The founder and chief organizer of London Metropolitan Police. He introduced the techniques in detecting crimes such as detectives concealing themselves, and secretly photographing and recording conversations. 1833, ENGLAND: London Metropolitan Police employed the first undercover officer. 1835, TEXAS RANGERS was organized as the first law enforcement agency with statewide investigative authority. This is the forerunner of the Federal Bureau of Investigation (FBI). 1839, BIRTH YEAR OF PHOTOGRAPHY: WILLIAM HENRY FOX TALBOT explained a photographic process he had invented to the Royal Society of London. (1847-1915), DR. HANS GROSS – The earliest advocate of criminal investigation as a science. 1852, U.S.A: CHARLES DICKENS is a great novelist in which through his story entitled bleak house, he introduced the term detective to the English language (Adams & Taylor, 1995). 1852, U.S.A: ALLAN PINKERTON was the America’s foremost private detective. This individual truly deserves the title of “America’s Founder of Criminal Investigation.” Among methods pioneered were “shadowing,” the art of suspects surveillance, “roping,” working in undercover capacity, they have the motto, “We never sleep.” 1856, U.S.A: KATE WAYNE: The first woman detective in the history of criminal investigation. She was hired by the Pinkerton Agency and contributed to the resolutions of big cases of the United States of America. 1866, U.S.A: THOMAS BYRNES - He is an unusually keen-minded individual who trained his detectives in recognizing individual criminal  techniques. He founded the criminal “modus operandi,” or method/mode of operation. 1866, LIBERTY, MISSOURI, USA: THE JESSIE JAMES GANG made the first hold-up which marks the beginning of the gang’s 15 year hold-up and robbery spree (12 bank hold-ups and 12 train stage coach robberies in 11 states). Clay County Savings Association was their first victim and their take was $60,000.00. 1877, ENGLAND: HOWARD VINCENT – He headed the newly organized Criminal Investigation Department in Scotland Yard. 1882, FRANCE: ALPHONSE BERTILLON – A French Police Clerk who introduced and established the first systematic identification system based on the Anthropological Signalment (Anthropometry). He is considered as the founder of Criminal Investigation. 1887, DR. ARTHUR CONAN DOYLE – He popularized the scientific Criminal Investigation by creating the fictional detective Sherlock Holmes and his friend Watson. 1892, ENGLAND: FRANCIS GALTON – An English man who published his study on classifying fingerprints and recognized the uniqueness of the fingerprints to be used as evidence against a suspect 1909-1924 JOHN EDGAR HOOVER – He became the head of the Federal Bureau of Investigation, which was established by the attorney general from 1909 to 1924. 1913, PHILIPPINES - The genesis of Criminal Investigation in the Manila Police Department, presently the Western Police District took place. 1918, ENGLAND, a new concept was introduced in the field of Criminal Investigation. This is known as “Team Policing.” 1954, USA: DR. PAUL KIRK – The best known Criminalist who headed the Department of Criminalistics at the University of California, USA. 1966, USA: MIRANDA Vs ARIZONA – The US Supreme Court established procedural guidelines for taking criminal confessions. The case is the origin of the present Miranda rights of every accused under the custody of police. Based on his confession, he was charged, tried and convicted. Appeal of his conviction was made before the Arizona Supreme Court but his The appeal was then conviction was affirmed. The appeal was elevated to the US Supreme Court where there was a reversal of the decision and he was acquitted on bod Constitutional grounds. It was in this case, entitled Miranda vs. Arizona (Ernesto Miranda versus State of Arizona, USA) that the US Supreme Court laid down the constitutional rights of the accused during the custodial interrogation. It was incorporated in our 1973 Constitution and later in the 1987  Constitution of the Philippines. This is known as ban the Miranda Rule, Doctrine, or Warning. The Law of PNP applicable in Criminal Investigation; 1. 1987 PHIL CONSTITUTION, Art 16, Sec 6 = "The state established and maintained one police force, which shall be NATIONAL IN SCOPE AND CIVILIAN IN CHARACTER, to be administered and controlled by the National Police Commission. The authority of the local executives over the police shall be provided by law.“ NATIONAL IN SCOPE - means that the PNP is a nationwide government organization whose jurisdiction covers the entire breadth of the Philippine archipelago - all uniformed and non-uniformed personnel of the PNP are national government employees CIVILIAN IN CHARACTER - means that that the PNP is not a part of the military, although it retains some military attributes such as discipline 2. RA No. 4864 = The law otherwise known as the Police Act of 1966, It created the Office of the Police Commission (now National Police Commission). It shall be their duty to preserve peace and order; prevent the commission of crimes; protect life, liberty and property; and arrest all violators of laws and ordinances within their jurisdiction. They shall exercise the general powers to make arrest, searches and seizures in accordance with law. They shall detain an arrested person only within the period prescribed by law. Approved September 8, 1966 authored by Cong. Teodulo C Natividad. 3. RA No. 6975 = The Creation of BFP, BJMP and PNP under the Department of Interior and Local Government (DILG) Act of 1990. Subsequently dissolving the PC whose officers and rank and file were given the privilege either to join the AFP or the PNP within the period as provided therein. 4. RA No. 8551 = The PNP Reform and Reorganization Act of 1998 which is now the operational law that governs over the PNP. Approved February 25, 1998. 5. RA No. 7438 = An act defining certain rights of person arrested, detained or under custodial investigation. ARREST  Arrest is the taking of a person into custody in order that he or she may be bound to answer for the commission of an offense (Sec., 1, Rule 113, Rules of Court). Two Modes of Arrest 1. Arrest by virtue of a warrant: 2. Arrest without a warrant under exceptional circumstances as may be provided by the statute (Sec., 5, Rule 113, Rules of Court). Search and Seizure As generally applied in criminal investigation, refers to the examination of an individual person. Those person’ houses, papers or effects or other building and premises to discover contraband or some evidence or guilt to be used in the prosecution of criminal case. as a general rule, no search be conducted without a valid search warrant. Seizure refers to the confiscation of a property by an officer with legal authority to do in criminal investigation, seizure is the logical consequence of search. Warrant of 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/her to arrest the person designated and take him into custody of the law in order that he or she may be bound to answer for the commission of an offense. Essential Requisites of a Valid Warrant of Arrest 1. It must be issued upon probable cause which may be better mean personally by a judge after examination under oath or affirmation of the complainant and the witnesses he may produce. What is Probable Cause? Probable Cause refers to the evidence that warrants a person of reasonable caution in the belief that a crime was committed. 2. The warrant must be must particularly describe the person to be seized. The Warrantless Arrest The following are the situations in which a police officer may arrest a person without warrant based on (Rule 113, Section 5, Rules of Court): a. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense (in flagrante delicto). b. When an offense has in fact 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 (Doctrine of Hot Pursuit). c. When the person to be arrested is aa prisoner who escaped from the penal establishment or place he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another(Par.c,sec.5, Rule 113) 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 before the court (Sec 1 Rule 126 of Rules of Court). Properties which may be seized under a search warrant The properties subject of seizure under Rule 126, Sec. 2 of the Rules of Court are: a. Subject of the offense; b. Stolen or embezzled property and other fruits or proceeds of the offense; and c. Property used or intended to be used as a means for the commission of an offense Validity of Search Warrant A. The warrant shall be valid for ten (10) days from date of issuance and may be served at any day within the said period. Thereafter, it shall be void. B. If, in the implementation of the search warrant, its object or purpose cannot be accomplished in one day, the search can be continued the following day, or days, until completed, provided it is still within the ten (10)- day validity period of the search warrant. C. If the object or purpose of the search warrant cannot be accomplished within the ten (10)-day validity period, the responsible police officer conducting the search must fi le, before the issuing court, an application for the extension of the validity period of said search warrant. Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant a. Houses, rooms, or other premises shall not be searched except in the presence of the lawful occupant thereof or any member of his family or, in the absence of the latter, in the presence of two (2) witnesses of sufficient age and discretion residing in the same locality. b. Lawful personal properties, papers, and other valuables not specifically indicated or particularly described in the search warrant shall not be taken. Instances when a search may be made without a warrant? The following instances allow a search without a warrant: a. Search Incidental to a Lawful Arrest – this applies to both arrests by virtue of a warrant of arrest and warrantless arrests under Rule 113, Sect5 of the RPC. A person lawfully arrested may be searched for dangerous weapons or anything which may be used or which may constitute proof in the commission of an offense, without a search warrant. The warrantless search and seizure as an incident to a lawful arrest may extend beyond  the person of the arrested to include the premises or surroundings under his immediate control. b. SEIZURE OF EVIDENCE IN “PLAIN VIEW” Under the plain view doctrine, simply means anything on plain sight or having visual on things that are readily observable. (1) law enforcement officers in search of evidence have a prior justification for an intrusion or are in a position from which they can view a particular area; (2) the discovery of the evidence in plain view is inadvertent; and (3) it is immediately apparent to the officers that the item they observed may be evidence of a crime, a contraband or is otherwise subject to seizure. c. Search of a moving vehicles If the police officers who will conduct the search have reasonable or probable cause to believe, before the search, that either the motorist is a law offender or they will find the instrumentality or evidence pertaining to a crime in the vehicle to be searched, the vehicle may be stopped and subjected to an extensive search. d. CONSENTED WARRANTLESS SEARCH It is fundamental that to constitute a waiver, it must first appear that (1) the right exists; (2) the person involved had knowledge, either actual or constructive, of the existence of this right; and (3) that person had an actual intention to relinquish the right. e. CUSTOMS SEARCH It has been traditionally understood that persons exercising police authority under the customs law may effect search and seizure without a search warrant in the enforcement of customs laws. f. STOP AND FRISK A “stop and frisk” situation, also known as the Terry search, refers to a case in which a police officer approaches a person who is acting suspiciously for the purpose of investigating possible criminal behavior, in line with the general interest of effective crime prevention and detection. In the US case of Terry vs. Ohio, a Terry Search has been defined as the right of a police officer to stop a citizen on the street, interrogate him and pat him for weapons whenever he observes unusual conduct which leads him to conclude that criminal activity may be afoot. g. EXIGENT AND EMERGENCY CIRCUMSTANCES  A search warrant could be validly dispensed with in cases of exigent and emergency situation, and the police officers have reasonable grounds to believe that a crime is being committed, and they have no opportunity to apply for a search warrant from the courts because the latter were closed.