Arrest Flashcards
What is the definition of arrest?
An arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
How is an arrest done?
An arrest is done in two ways: (1) actual restraint of the person to be arrested, and (2) his submission to the custody of the person making the arrest.
How is a warrant of arrest executed?
An arrest warrant must be executed within 10 days from its receipt. Within 10 days after the expiration of the period, the officer to whom the warrant of arrest is assigned must submit a report to the judge who issued the warrant. In case of his failure to execute the same, the officer must state his reasons.
Generally, a warrant of arrest is valid for as long as the offender has not yet been arrested.
When is an arrest without warrant lawful?
The general rule is that: in order for an arrest to be lawful, there must be a warrant of arrest.
Exception to this rule is when:
(1) In the presence of an officer or a private person, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
(2) When an offense has just been committed, and the officer or private person has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it, or;
(3) The person to be arrested is a prisoner who has escaped from a penal establishment.
With regards to lawful arrest without a warrant of arrest, what is in flagrante delicto?
In flagrante delicto is when an officer or private person, in his presence, the person to be arrested has committed, is actually committed, or is attempting to commit an offense. The officer or private person may validly arrest the person without a warrant of arrest.
In “in flagrante delicto”, it says “in the presence of an officer or private person”. What does it mean, specifically?
“Presence” done not only require that the arresting person sees the offence, but also when he “hears the disturbance created thereby and proceeds at once to the scene.”
What are the elements for in flagrante delicto?
(a) The person so be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime.
(b) The over act is done in the presence or within the view of the arresting officer.
The officer’s personal knowledge of the fact of the commission of the offense is essential.
With regards to lawful arrest without a warrant of arrest, what is hot pursuit?
Hot pursuit is when an offense has just been committed, and the officer or private person has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested committed the offense.
What are the elements of hot pursuit?
(a) At the time of the arrest, an offense had in fact just been committed
(b) The arresting officer had personal knowledge of facts indicating that the accused had committed it.
The officer’s personal knowledge of the fact of the commission of the offense is essential.
What time should an arrest be made?
An arrest can be made any time of the day.
With regards to Section 2, Article III of the 1987 Constitution, what is provided therein in the issuance of a warrant of arrest or search warrant?
What are the difference between the issuance of the two?
Section 2, Article III of the Bill of Rights states that no search warrant or warrant of arrest shall be issued 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, and particularly describing the place to be searched and the persons or things to be seized.
In Solivien v. Makasiar, what the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause. In satisfying himself of the existence of probable cause for the issuance of a warrant of arrest, the judge is not required to personally examine the complainant and his witnesses. He may only need to personally evaluate the report and the supporting documents submitted by the fiscal regarding the existence of probable cause.
What is the doctrine of the fruits of the poisonous tree in relation to arrest and search?
When an evidence is obtained through a search by reason of an arrest, if the arrest is unlawful, the search could not be incidental to an arrest, therefore, the evidence is inadmissible in courts.
What is the rule when it comes to arrests for a continuing crime?
In the case of Umil v. Ramos, the crimes of rebellion, subversion, conspiracy or proposal to commit such crimes, and crimes or offenses committed in furtherance thereof or in connection there with constitute direct assaults against the State and are in the nature of continuing crimes. No warrant of arrest is needed.
What is a probable cause?
Probable cause are such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed
What is the difference of the determination of probable cause between the fiscal and the judge issuing the warrants?
The probable cause to be determined by the fiscal is whether there is reasonable ground to believe that the accused is guilty of the offense charged and should be held for trial. The judge, on the other hand, determines whether a warrant of arrest should be issued against the accused, i.e., whether there is a necessity for placing him under immediate custody in order not to frustrate the ends of justice.
