3.

1 Notes: Raid, Entrapment, and

Search
DEFINITION OF TERMS:
A. Entrapment - it is a legally sanctioned method resorted to by the police to trap and capture
lawbreakers in the execution of their criminal plans.
B. Instigation - the means by which the accused is lured into the commission of the offense
charged to prosecute him. On the other hand, entrapment is the employment of such ways and
means to trap or capture a lawbreaker.
Excerpt from People vs. Bajo: ENTRAPMENT VS. INSTIGATION
Thus, in instigation, officers of the law or their agents incite, induce, instigate or lure an accused
into committing an offense that they would otherwise not commit and has no intention of
committing. But in entrapment, the criminal intent or design to commit the offense charged
originates in the mind of the accused, and law enforcement officials merely facilitate the
apprehension of the criminal by employing ruses and schemes; thus, the accused cannot justify
his or her conduct.
In instigation, where law enforcers act as co-principals, the accused will have to be acquitted.
But entrapment cannot bar prosecution and conviction. As has been said, instigation is a "trap for
the unwary innocent," while entrapment is a "trap for the unwary criminal."
Buy-bust operation and decoy solicitations are valid forms of entrapment: People vs. Bajo.
A buy-bust operation has been recognized in this jurisdiction as a legitimate form of entrapment
of the culprit. It is distinct from Instigation in that the accused who is otherwise not predisposed
to commit the crime is enticed or lured or talked into committing the crime. While entrapment is
legal, Instigation is not.

As a general rule, a buy-bust operation, considered as a form of entrapment, is a valid means of

arresting violators of Republic Act No. 9165. It is an effective way of apprehending law
offenders in the act of committing a crime. In a buy-bust operation, the idea to commit a crime
originates from the offender, without anybody inducing or prodding him to commit the offense.

A police officer's act of soliciting drugs from the accused during a buy-bust operation, or what is
known as a "decoy solicitation," is not prohibited by law and does not render invalid the buy-
bust operations. The sale of contraband is a kind of offense habitually committed, and the
solicitation furnishes evidence of the criminal's course of conduct. In short, a "decoy solicitation"
is not tantamount to inducement or instigation. People v. Sta. Maria
COORDINATION REQUIREMENT DURING ENTRAPMENT (BUY-BUST
OPERATIONS): Revised PNP Manual on Anti-Illegal Drugs Operations and Investigation
 1. PNP Units, before any anti-illegal drugs operations, shall, as far as practicable,
coordinate with the Philippine Drug Enforcement Agency

“As far as practicable,” as stated in Section 86, IRR, RA 9165, means that prior coordination
with PDEA may be done, practiced, or accomplished when feasible and possible to be
performed. Nonetheless, it admits exceptions. The following instances, among others, are
deemed not practicable for prior coordination:
a. In remote places where coordination is not possible;
b. When coordination will compromise the lives of police operatives, informants and witnesses,
involved in
anti-illegal drugs operations;
c. When coordination will prejudice the apprehension of drug suspects and confiscation of illegal
drugs and Controlled Precursors and Essential Chemicals (CPECs);
d. When prior coordination will compromise the entire police operation.
2. In any case, PNP Anti-Illegal Drugs Units shall coordinate/inform the PDEA of anti-illegal
drugs operations within 24 hours from the time of the actual custody of the suspects or seizure of
said drugs and substances as well as paraphernalia and transport equipment used in illegal
activities involving illegal drugs and/or substances and shall regularly update the PDEA on the
status of cases involving said anti-illegal drugs operations (Section 86 (a) IRR RA 9165).
PLANNING AND PREPARATION:

 All operations must be preceded by adequate planning and preparation to ensure the
successful prosecution of cases, observance of the rights of suspects, the safety of
operating elements, and the security and integrity of seized items/evidence.
 Without sacrificing operational security, coordination must be done with local Police
Units in the area of operation to prevent any possible confrontation in consonance to
Rule5 (Inter Unit Coordination) of the Revised PNP Operational Procedures.
 No PNP personnel shall be allowed to conduct a planned anti-illegal drugs operation
unless he is a member of an AntiIllegal Drugs Unit.

CONDUCT OF OPERATION

 Any arrested suspect shall be apprised of his/her CONSTITUTIONAL RIGHTS

(I/We are Police Officers. I/we are arresting you for violation of RA 9165. You are
hereby informed that you have the right to remain silent. Anything that you say can
and will be used for or against you in any Court of Law. You have the right to a
counsel of your own choice, and if you cannot afford one, you shall be provided with
counsel to assist you. You can waive all these rights in the presence of a Lawyer and
writing. Do you understand these rights?)

“Kami ay alagad ng batas, inaaresto ka namin sa paglabag sa Republic Act 9165.

Pinapaalalahanan ka namin na ikaw ay may karapatang manahimik o magsawalang kibo.
Anuman ang iyong sasabihin ay maaring gamitin pabor o laban sa iyo sa anumang hukuman.
Ikaw ay mayroon ding karapatang kumuha ng tagapagtanggol na iyong pinili at kung wala kang
kakayahan, ito ay ipagkakaloob sa iyo. Nauunawaan mo ba ito?”
In instances wherein arrested suspects are foreign nationals or persons with impaired
senses, Police Officers must inform them of their rights in a manner understood by them or
through an interpreter, if practicable.
C. Raid - A raid is a surprise invasion of a building or area. The purpose of a raid is usually to:
Effect an apprehension; Obtain evidence of illegal activity by surprising the offenders in
flagrante delicto; or Recover stolen property
LEGAL BASIS OF RAID
A raid must be legal, having its basis in lawful process, and be conducted legally. 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 a felony and when it is known that the felony has just been
committed.
COORDINATION BEFORE THE CONDUCT OF RAID
It is imperative that immediately before the service of a search warrant, the team leader should
see that proper coordination is made with the commander of the 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 a
manifestation of courtesy and a safety measure to avoid the possibility of a mistaken
encounter.
BASIC REQUIREMENTS IN THE CONDUCT OF RAID
Generally, all police operations (arrest, raid, search and seizure, checkpoint, etc.) shall be
conducted:

 With a marked police vehicle; The exception to this rule is when using a marked
police vehicle will jeopardize the safety of the raiding team and greatly affect the
operation's success.
 Preferably led by a Commissioned Officer;
 With personnel in proper police uniform (Rule 3, PNP Operational Procedures)

DONT'S IN RAID

 Don‟t take unnecessary chances.

Don‟t underestimate the ability or courage of the subject(s)
 Don‟t raid when not properly prepared.
 Don‟t endanger the lives of bystanders.
 Don‟t use police personnel who are not well-acquainted with each other.
 Don‟t forget gas masks when employing teargas.
 Don‟t be unnecessarily violent on the subject(s).
 Don‟t shoot unless very imperative.
 Don‟t touch the evidence unless seen by witnesses or by the owner or occupant of the
place.

D. Search and Seizure

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 act.
Seizure – is the confiscation of personal property under 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.
CONSTITUTIONAL BASIS:
The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable.
No search warrant or warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, particularly describing the place to be searched and the persons or
things to be seized. [Section 2, Article III, 1987 Constitution]
GENERAL RULE:
THERE MUST BE 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)
APPLICATION FOR SEARCH WARRANT
The Heads of the Agency shall personally endorse all applications for Search Warrant to search
places and the things to be seized to be particularly described therein. The application shall be
recorded in a logbook. The application shall likewise indicate the following data:

 Office applying for the Search Warrant;

 Name of officer-applicant;
 Name of the Subject, if known;
 Address/place(s) to be searched;
 A specific statement of things/articles to be seized;
 Sketch of the place to be searched.

VALID SEARCHES WITHOUT WARRANT

The general rule is that a judicial warrant must first be duly obtained before search and seizure
may be conducted. The only allowable instances in which a search may be conducted without a
warrant are:
a. When there is consent or waiver. To be a 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 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.”
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 the
grounds of reasonable suspicion.
g. Search incidental to a lawful arrest. A person lawfully arrested may be searched for dangerous
weapons or anything that may be used to prove the commission of an offense without a search
warrant. (Sec 12, Rule 126
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 emergency makes obtaining a
search warrant impractical, useless, dangerous, or unnecessary