4. Use of Body-Worn Cameras (AM 21-06-08-SC)

Use of Body-Worn Cameras (A.M. No. 21-06-08-SC)

Concept

A.M. No. 21-06-08-SC governs the use of body-worn cameras and alternative recording devices in executing warrants of arrest. Recording provides an account of how the warrant was carried out; it does not replace the warrant or the requirements for a lawful arrest. (A.M. No. 21-06-08-SC) (Rule 5, Sec. 4, A.M. No. 22-02-19-SC)¹

Governing provisions

The Rules on the Use of Body-Worn Cameras in the Execution of Warrants prescribe recording requirements for officers executing warrants. Rule 113 remains relevant: the officer executing an arrest warrant must arrest the accused and deliver the accused to the nearest police station or jail without unnecessary delay. (A.M. No. 21-06-08-SC) (Rule 113, Sec. 3, Rules of Court)²

Requisites / Rules

• In executing a warrant of arrest, the officer must use at least one body-worn camera and one alternative recording device. If body-worn cameras are unavailable, at least two alternative recording devices must be used, subject to the Rules. (A.M. No. 21-06-08-SC)
• The recording requirements concern the execution of the warrant. They do not authorize violence, unnecessary force, or restraint greater than necessary for detention. (A.M. No. 21-06-08-SC) (Rule 113, Sec. 2, Rules of Court)³
• When making a warrant arrest, the officer must inform the person of its cause and of the issuance of the warrant, subject to Rule 113’s stated exceptions. If the officer does not have the warrant and the arrested person asks to see it, the officer must show it as soon as practicable after arrest. (Rule 113, Sec. 7, Rules of Court)⁴

Distinctions

Do not confuse this rule on recording the execution of a warrant with the requirements for issuing the warrant. A recording cannot cure the absence of a lawful basis for arrest. Conversely, a question about compliance with camera requirements calls for application of A.M. No. 21-06-08-SC; it should not be answered solely by reciting Rule 113’s definition of arrest. (A.M. No. 21-06-08-SC) (Rule 113, Sec. 1, Rules of Court)⁵

Key doctrines

Failure to use the required recording devices in executing a warrant of arrest does not, by itself, render the arrest unlawful. The court may consider the circumstances of noncompliance when assessing evidence obtained during the arrest. Distinguish this consequence from the rules governing evidence seized in the execution of a search warrant. (A.M. No. 21-06-08-SC)

Bar tip

In a problem involving an arrest warrant, analyze separately the warrant, its execution under Rule 113, compliance with camera requirements, and the consequence of any failure to record. Do not assume that every recording lapse automatically invalidates the arrest. (A.M. No. 21-06-08-SC) (Rule 113, Sec. 7, Rules of Court)⁴