"These will help deter the excessive use of force by law enforcement officers in the execution of arrest and search warrants."
"These will help deter the excessive use of force by law enforcement officers in the execution of arrest and search warrants."
Through the years, the manner of arrests and searches by law enforcement officers have been subject to microscopic scrutiny. There have been claims, speculations, and proven excesses in the conduct of arrests and searches, as well as some documented violations of human rights.
The Revised Rules of Criminal Procedure requires that “an arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.” However, “no violence or unnecessary force shall be used in making the arrest” (Section 2, Rule 113). The restraint to be employed on the arrestee is only that which is necessary for his detention.
As a university student, I recall witnessing a citizen’s arrest which had gone out of hand because the bystanders physically attacked the thief. The offender’s face was bloodied when he was turned over to the police. A person caught “in flagrante delicto” or while committing the offense has rights under the law, and can defend himself, by himself or with counsel, in a court of law.
Implementing a search like an arrest is undertaken by law enforcement officers. It can either be through an order of the court in writing, known as a search warrant, or a warrantless search. There can also be instances when a person is arrested and his body is searched as an incident thereof for dangerous weapons, anything used in its commission, or to recover the fruits of the crime (Section 13, Rule 126, Revised Rules of Criminal Procedure).
The Supreme Court recently issued the "Rules on the Use of Body-Worn Cameras in the Execution of Warrants" (A.M. No. 21-06-08-SC). The Rules shall apply to all applications, issuances, and executions of arrest and search warrants under the Revised Rules of Criminal Procedure (Section 2, Rule 1).
A “body-worn camera” is an electronic camera system designated to law enforcement units that may be worn during law enforcement activities for creating, generating, sending, receiving, storing, displaying, and processing audio-visual recordings (Section 4, Rule 1, A.M. No. 21-06-08-SC).
During the issuance of a warrant of arrest, upon the filing of criminal information and finding of probable cause, the trial court must issue an arrest warrant with an order requiring the use of at least one body-worn camera and one alternative recording device, or a minimum of two devices (Section 1, Rule 2, A.M. No. 21-06-08-SC). The same requirement must be reproduced in the search warrant, if the judge finds probable cause for its issuance. (Section 3, Rule 3, A.M. No. 21-06-08-SC).
An applicant for a search warrant shall state in the application the availability or unavailability of body-worn cameras to be used in the execution of the search warrant. In case of their unavailability, the applicant may request for authority to use alternative recording devices (Section 1, Rule 3, A.M. No. 21-06-08-SC).
An “alternative recording device” is an electronic camera system that is not a body-worn camera, which is capable of creating, generating, sending, receiving, storing, displaying, and processing audio-visual recordings. It may be used as a substitute for body-worn cameras in case of unavailability (Section 4, Rule 1, A.M. No. 21-06-08-SC).
When making an arrest or search by virtue of a warrant, the officers wearing the body-worn cameras or alternative recording devices shall, as early as practicable, notify the person to be arrested or searched and the other subjects of the recording that the execution of the warrant of arrest or search is being recorded and that they are making an arrest or search pursuant to a warrant issued by a court (Section 2, Rule 2; Section 4, Rule 3, A.M. No. 21-06-08-SC).
However, a law enforcement officer who fails, without reasonable grounds, to use bodyworn cameras or alternative recording devices during the arrest or search; intentionally interferes with the ability of the device to capture the audio and video recordings; or manipulates such recordings may be liable for contempt of court. The violations shall be without prejudice to any administrative, civil, or criminal liability. (Section 5, Rule 2; Section 7, Rule 3, A.M. No. 21-06-08-SC).
If a body-worn camera is unavailable, at least two alternative recording devices must be used. The officers having such cameras shall ensure that they are worn in a conspicuous location and in a manner that maximizes their ability to capture a recording of the arrest. Both the video and audio recording functions of the cameras shall be activated as soon as the officers arrive at the place of arrest or search (Section 3, Rule 2; Section 5, Rule 3, A.M. No. 21-06-08-SC).
The cameras shall not be deactivated until the arrest has been fully concluded and the arresting officers have delivered the person arrested to the nearest police station or jail pursuant to Rule 113, Section 3 of the Revised Rules of Criminal Procedure. The same procedure shall be observed when a peace officer effectuates a warrantless arrest (Section 3, Rule 2, A.M. No. 21-06-08-SC). In case of a search, the camera will not be deactivated until the search has been concluded and the officers have returned to the police station (Section 5, Rule 3, A.M. No. 21-06-08-SC).
All recordings from the body-worn cameras or alternative recording devices shall be stored in an external media storage device and simultaneously deposited in a sealed package with the issuing court. The report shall be accompanied by affidavits of the officers whose body-worn cameras or alternative recording devices were used to capture the recordings (Section 4, Rule 2; Section 6, Rule 3, A.M. No. 21-06-08-SC).
In cases of warrantless arrests (Section 21, Comprehensive Dangerous Drugs Act of 2002, as amended) such as buy-bust operations or entrapment, the media representative may be allowed to record the operation and the recording must be turned over to and downloaded by the data custodian or his or her representative within 24 hours from the time of the recording (Section 3, Rule 2; Section 1, Rule 4, A.M. No. 21-06-08-SC).
When those devices are used during warrantless arrests by law enforcement officers, the recordings and the affidavits of arrest shall be submitted to the prosecutor conducting the inquest proceedings, and they shall form part of the records of these proceedings (Section 4, Rule 2, A.M. No. 21-06-08-SC). The reason for the submission to the prosecutor is that there is no pending case in court yet.
Failure to observe the requirement of using body-worn cameras or alternative recording devices shall not render the arrest unlawful or render the evidence obtained inadmissible (Section 5, Rule 2, A.M. No. 21-06-08-SC). However, a similar failure to use the said devices during the execution of the search warrant shall render the evidence obtained inadmissible. (Section 7, Rule 3, A.M. No. 21-06-08-SC).
If a search is conducted or effected without the use of body-worn cameras or alternative recording devices, in the absence of a reasonable grounds, a motion to suppress evidence may be filed by the person searched. This remedy is likewise available to persons searched as an incident to an arrest by virtue of a warrant, when such an arrest was without the use of those devices (Section 8, Rule 3, A.M. No. 21-06-08-SC).
The data recorded by body-worn cameras and alternative recording devices are not public record subject to disclosure, unless the recordings involve an incident resulting in a loss of life or an assault made on law enforcement officers during the arrest or search (Section 3, Rule 4, A.M. No. 21-06-08-SC).
Should the arrest or search be complicated by any of the said incidents, the recordings may be used in court even without the consent of the persons identified (Section 6, Rule 4; A.M. No. 21-06-08-SC).
For recordings by law enforcement officer and persons witnessing the arrest and search to be admitted as evidence, these must be presented during trial and authenticated by the person who captured the recording. The recordings shall not be deemed as substitutes for the presentation of witnesses. (Section 5 5and 8, Rule 4, A.M. No. 21-06-08-SC).
Consent of the person arrested or searched with the use of the recording devices shall only be asked in the presence of counsel. If the person consents or remains silent, the recordings may be used by and against him or her in a court proceeding. If he or she declines, the recordings may not be used by or against him or her. In the case of minors, consent shall be secured from his or her parent or guardian (Section 6, Rule 4; A.M. No. 21-06-08-SC).
With the issuance of the Body-Worn Camera Rules, it is expected that these will help deter the excessive use of force by law enforcement officers in the execution of arrest and search warrants, aid the courts in resolving conflicting eyewitness accounts, and determine the conditions surrounding the resulting deaths in the execution of the said warrants (A.M. No. 21-06-08-SC).