RIGHTS OF THE ACCUSED

• Step 1: Search & Seizure

  • identifying the real reason & determining the identity of the accused
• 1. it is a personal right

  • A warrantless arrest/search cannot be opposed by other persons
  • only the person to be arrested & the owner of the house to be searched who could contest the act
• 2. Not all warrantless search/arrest are unreasonable:

  EXEMPTIONS

  • Moving vehicles
  • checkpoints established by the military
• Warrantless searches

  • search incidental to arrest
  • limited search on the person & on the immediate vicinity where the arrest was made
• STEP 2: Custodial Investigation : any questioning initiated by law enforcement officer after a person has been deprived of his freedom
• 1. DUTIES OF THE ARRESTING OFFICER

  • Deliver the arrested suspect to nearest jail & file complaint with the municipal judge or fiscal for preliminary investigation
• Art. 3, Sec 12:2: You cannot be brough to secret or solitary detention places
• Art. 3, Sec. 12:4: Torturers will be prosecuted
• Give the required constitutional warnings

  • it is the duty of the arresting officer to inform the suspect of the reason of the arrest
  • make him understand his right
• Miranda vs. Arizona (1973)

  • “Miranda Rights” ; Art. 3, Sec. 12:1
• Peace officer who violates his duties is given administrative Punishment

  • If Miranda Rights are violated, the case may be dismissed
• Right to Remain Silent

  • No inference of guilt may be drawn against the accused for his silece
  • unless prosecution has prima facie case against him
• Prima Facie

  • evidence sufficient for proof unless denied
• Right to competent counsel

  • protect accused from answering questions that may be self-incriminating; attaches only when police start questioning
  • can be waived by a person but only in writing & presence of a counsel
  • All uncounselled confession, even if it is the truth, & even if its free & voluntary, is inadmissable in court
  • Imposter lawyer = mistrial
• 2. Fruit from the Poisonous Tree Doctrine (Art. 3, Sec. 12:3)

  • All information, evidence or material gathered through violation are inadmissible as evidence against the accused
• STEP 3: Preliminary Investigation

  • all the evidence gathered are given to the municipal judge or prosecutor
• Failure to establish prima facie will result in the outright dismissal of the case

  • Preliminary Investigation secures the innocent from the trouble, expense, & anxiety of a public trial
• Preliminary determination of probable cause will result in the issuance of am arrest warrant by the Municipal Judge to the defendant or a subpoena by the fiscal of the defendant
• Requisites for valid warrant: protectuis from being arrested arbitrarily due to whim
• Probable Cause: competent proof to make a prudent man believe a crime has been committed

  • Mere suspicion does not constitute probable cause
• Personal Determination by the Judge: Judge must personally examine in the form of searching questions & answers, in writing & under oath the complainant & the witness he may produce

  • Evidence must be based on personal knowledge of the accuser
  • hearsay is not allowed
• Fake statements could be charged with perjury
• Particular Description: specifying descriptions or distinct physical marks is included
• Preliminary Investigation can be done away with if the person has been lawfully arrested without a warrant