Can The Police Enter A Private Property To Effect A Warrantless Arrest?

A video of a foreigner berating a police officer inside a posh village in Makati City opens a debate whether or not a PNP personnel can effect a warrantless arrest inside a private property or a home.

Here's a back story.

In a report from PNA, the Makati police said that around 5:04 p.m., Senior Master Sergeant Roland Von Madrona along with village watchman Esteban Gaan of Barangay Dasmarinas, conducted patrol inside the Dasmariñas Village upon the request of Chairwoman Rosana Hwang.

At around 5:45 p.m., the duo chanced upon a housemaid, identified as Cherilyn Escalante, watering plants outside their residence without wearing a face mask, which is mandatory under the enhanced community quarantine (ECQ) guidelines. The police said Madrona then approached Escalante and advised her to wear a face mask for her safety.



A minute after getting inside the house to get her face mask, house owners Javier Parra and his wife Abegail Salvador came out and argued with the police.

Gaan was able to document the following events through his mobile phone where Parra badmouthed and cursed at Madrona.

This prompted Madrona to try to arrest the latter which led to physical confrontation. Below is a video of their confrontation.





Now comes the question: Can the police enter a private property to effect a warrantless arrest?

Well, it's a resounding "YES". Under a lawful circumstance called the "hot pursuit" principle. The "hot pursuit" principle says that the police may enter a private dwelling and effect a warrantless arrest if they are in "hot pursuit" of a fleeing criminal. Once inside a dwelling, police may search the entire area without first obtaining a search warrant.

In a news report from Philstar, Justice Secretary Menardo Guevarra explained that an officer may enter the private property of an individual, “assuming that a criminal offense has in fact been committed in the presence of the police officer and the offender flees."

He explained that the rule on warrantless arrest applies “when an offense has just been committed and the law enforcer has probable cause to believe that the person to be arrested has committed it, then the law enforcer may effect a valid arrest without warrant.”

The officer may pursue the offender “if the latter enters a private property (hot pursuit principle),” Guevarra added.

But the Justice chief stressed that this may only apply if a criminal offense was committed.

“If no offense has been committed at all, or the law enforcer has no personal knowledge of the facts, the hot pursuit principle cannot apply,” he said.

Guevarra also stressed that this explanation on the principle of hot pursuit does not mean “prejudging the specific Dasmariñas Village case.”



Other Circumstances

Public Arrest
Law enforcement can typically arrest a person who is in public without having to take additional steps to secure this arrest. In some situations, an open doorway may be considered being in public and allow the law enforcement officer to arrest the suspect.

Retreat back into the Residence

If law enforcement is in the process of arresting someone in public, including someone who is in the open doorway of a house and the law enforcement officer attempts to arrest the suspect, law enforcement can usually enter the residence to finish the attempt. This set of actions typically falls under the hot pursuit exception to requiring an arrest warrant. 

Exigent Circumstances

One exception to the requirement to secure a warrant is if exigent circumstances exist. In these situations, law enforcement officers may be able to enter a residence due to an emergency and may not have to follow the warrant requirements.

In what urgent or exigent situations can the police enter a private property or home?

Usually, before entering a home to arrest someone, the police must get a warrant for that purpose and they must say who they are and why they wish to enter. However, the police can enter without a warrant or permission in order to arrest someone or take them into custody when they have reasonable grounds to believe that:

1. they need to enter in order to prevent someone inside from being seriously injured or killed, or
2. there is evidence in your home that relates to a serious offence, and they need to find that evidence right away or it might be lost or destroyed.
3. The police can also enter your home without a warrant or permission if they are in "hot pursuit" of someone whom they have the authority to arrest. For example, they would be in hot pursuit if they were chasing someone from the scene of a crime and they saw that person enter a home.

And the police can enter your home to look for evidence if:

1. they have reasonable grounds to believe there is evidence in your home, for example, drugs or weapons, and
2. they need to act immediately so that the evidence will not be lost or destroyed.

The police can also enter your home for any of the following reasons:

1. to give emergency aid to someone inside
2. to protect the life or safety of someone inside if they have a reasonable belief that a life-threatening emergency exists
3. to protect the life or safety of people in the home if someone heard a gunshot inside
4. to prevent something that may be about to happen, if they have a reasonable belief that their entry is necessary to stop it or to protect their safety or the safety of the public
5. to investigate a 911 telephone call
6. to help someone who has reported a domestic assault to remove their belongings safely
7. to protect people from injury if the police have reason to suspect that there is a drug laboratory in the house
8. to help animals in immediate distress because of injury, illness, abuse, or neglect
9. your landlord also has the right to enter your home in an emergency. Landlords can ask a police officer to come with them.

To date, over 100,000 people have been apprehended or arrested for violating the guidelines on the Luzon-wide community quarantine. The Enhanced Community Quarantine (ECQ) due to the Coronavirus Covid-19 pandemic has been in effect since President Rodrigo Duterte declared a national health emergency March 15, 2020.

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