Chapter 3 or 4 Flashcards
As a general rule, arrest can be made on any day of the week and at any time of the day or night
ARREST
It also taking a person into custody in order that he may found to answer the commission of an offense
ARREST
Basic types of arrest are?
Arrest with warrant
Arrest without warrant
One perform after a judge authorized it
Arrest with warrant
One where officer performs without getting a judge authorization
Arrest without warrant
is written authority of the arresting of the arresting officer when making an arrest or taking of a person into custody in order that he may be bound to answer the commission of an offense.
WARRANT OF ARREST
Issued by a judge based on probable cause and served by law enforcement officer
Warrant of arrest
shall be issued only upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses presented.
searched warrant
shall particularly described the place to be searched and the things to be seized which may be anywhere in the Philippines
search warrant
The warrant should be served during daytime, unless there is a provision in the warrant allowing service at anytime of the day or night.
Time of Search
It involves law enforcement officer and going through part or all of individual property and looking for a specific items that are related to a crime that they have a reason to believe that has been committed
Search
It happens if officer take possession during the search
Seizure
A person lawfully arrested may be searched for dangerous weapons or anything which may constitute proof in the commission of an offense, without a search warrant.
Search made incidental to a valid arrest
If the Police Officer who will conduct the search have reasonable or probable cause to believe, before the search, the either the motorist is a law offender or they will find the instrumentality or evidence pertaining to a crime in the vehicle to be searched, the vehicle may be stopped and subjected to an extensive search.
b. Search of moving vehicles
Any object in the plain view is subject to seizure and may be introduced as evidence. Requirements under the Plain view D. Requirements under the Plain view
Doctrine are;
- The Police officer must have prior justification for an intrusion or, otherwise must be in a position from which he can view a particular area;
- The discovery of the evidence in plain viewb is unintentional; or
- It is immediately apparent to the police officer that the item he observes may be evidence of a crime, contraband, or is a valid subject of seizure.
Seizure of Evidence in Plain view