This case has been cited 1 times or more.
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2015-09-09 |
LEONARDO-DE CASTRO, J. |
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| The "investigation" in Section 12, paragraph 1, Article III of the 1987 Constitution pertains to "custodial investigation." Custodial investigation commences when a person is taken into custody and is singled out as a suspect in the commission of a crime under investigation and the police officers begin to ask questions on the suspect's participation therein and which tend to elicit an admission.[14] As we expounded in People v. Marra[15]:Custodial investigation involves any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. It is only after the investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect, the suspect is taken into custody, and the police carries out a process of interrogations that lends itself to eliciting incriminating statements that the rule begins to operate. (Citation omitted.) | |||||