Arrest Flashcards
Constitutional Limitation of Arrest
Section 2. The right of the people to be secure in their [phpe] persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue 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.
When the accused is in an environment made hostile by the presence and actuations of law enforcers where it can be reasonably inferred that they had no choice except to willingly go with them, then there is an arrest||
Is there arrest?
Yes, in the case of Pp v. Duropan 2022
Duropan v. Pp 2022
[jp.ph]
Duropan and Coloma, as barangay officials, did not have the authority to arrest Pacis without a warrant.
There was no overt act indicating that Pacis had committed a crime, and the suspicion of illegal cutting of nipa leaves was not enough to justify the arrest
Guidelines for Judges in the issuance of warrant of arrest
- probable cause for the issuance of such warrant
- judge must decide independently based on the evidence other than the prosecutor’s report
- judge is NOT required to examine the entire record; sufficient supporting evidence in making his independent judgment
The judge, a case for rape, was filed to his branched, motion to determine probable cause
judge wanted to hear from the compliant. judge personally examine the complainant and witnesses.
He is wrong. What should he personally examine is
Records. it is only when the records are insufficient is when you examine the complainant and witnesses to determine probable cause.
- only when there is UTTER FAIUURE of the evidence to show the existence of probable cause, then can he personally examine the complainant
is a consul exempt from arrest considering that Senators and Congressmen (Art VI, Phil Constitution)
Sovereigns, chiefs of state, ambassadors, etc…
No, A consul is not exempt from arrest.
In the case of Schneckenburger, a consul is not exempt from arrest.
is not entitled to the privileges and immunities of an ambassador or minister and is subject to the laws and regulations of the country where they reside.
2 kinds of probable cause
[executive]
- law enforcement assessing whether there is sufficient evidence and reasonable grounds to believe that a crime has been committed and that the individual in question committed it.
[judicial]
- probable cause to issue a warrant of arrest
remedy for IMPROPER issued warrants
- petition to quash the warrant of arrest or
- petition for reinvestigation
Hildawa v. Enrile
it is inherent in every state that they create a body to combat criminality
what is wrong is they shoot people when they commit a crime instead of making a lawful warrantless arrest.
Arrest, how made
- actual restraint (no violence or unnecessary force)
- voluntary submission
Duty of an arresting officer
drisc
- deliver the detainee to the nearest police station
- make a return to the judge who issued the warrant
- inform the reason of arrest and show the warrant of arrest, if any
- inform constitutional rights to (a) remain silent, (b) counsel, (c) statements he make might be used against him
- person arrested have the right to communicate with his lawyer, relative, or anyone by most expedient means
note
- officer need not to have the warrant in possession at the time of the arrest, but after arrest, the warrant shall be shown to him as
soon as practicable, if the person arrested so requires
how long is the validity of a warrant of arrest?
WARRANT OF ARREST has NO time limit for its validity
search warrant is valid 10 days from issuance
Warrantless arrest, when allowed
- in flagrante
- hot pursuit
- escapee
REQUISITES of In flagrante delicto arrest
- person to be arrested must execute an over act indicating that he;
- has just committed (past)
- is actually committing (present)
- is attempting to commit a crime (future) - Such overt act is performed in the presence [or] within view of the arresting officer
note
reliable information is NOT sufficient to make a warrantless arrest. All elements must concur.
if a private person shall arrest, what must he do
- inform the intention of arrest
- inform the cause of the arrest
EXC in flagrante, hot pursuit, escapee, imperil the arrest
What are the elements of hot pursuit warrantless arrest?
- personal knowledge, and
- element of immediacy
[PERSONAL KNOWLEDGE]
- based on probable cause or the reasonable grounds for suspicion
- compared to in flagrante, hot pursuit does NOT require officer to personally witness the commission
time of making an arrest
- An arrest may be made on ANY day and at ANY time of the day or night (Sec. 6, Rule 113, Rules of Court).
hot pursuit,
in the case of Vaproso
arresting officer has perosonal knowledge of the facts and circustances .XX
- the element of immediacy,
- if you will wait longer for the incident, the chances of the evidence that could still be obtained if done in hot pursuit, chances it will be contaminated (sold, destroyed)
rules say private person can make a citizen’s arrest (in flagrante, hot pursuit, escapee, imperils arrests)
because sometimes the police officer can’t make that warrantless arrest because the elements is lacking as far as officer is concerned.
security guard catching a shop lifter. that is warrantless arrest to report to the police
is it required for a private citizen to MIRANDIZE
[RA 7438] specifically punishes law enforcement
police is liable if they dont give the miranda rights to the person
when can an officer not perform his duty insofar as informing the reason of arrest, showing the warrant
- flees
- resists
- imepril the arrest
PO 1 sees an insane person with a bolos in each hand thereby warranting a warrantless arrest. PO 1 had difficulty so request person A to assist him.
A does not assist in the arrest of the insane and PO informs the court of his disobedience. Will PO’s information prosper?
No, PO 1’s information will not prosper.
In the Rules of Court, it outlines that a officer may summon as many persons to render assistance however it is ensured that it is without detriment to himself [Sec 10, R113)
Right to break INTO and OUT of buildings
- break in (officer only)
- with/out warrant
- person to be arrested is in the building
- PO was refused entry after announcing his authority
- can break out to liberate himself
note
private persons (security guards and the rest) cannot do this.
