LECTURE 11: ARREST

Question 1

the taking of a person into custody so he can answer for the commission of an offense

Answer 1

Arrest

Question 2

Who are Exempted from Arrest?

Answer 2

a. President of the Philippines

b. Senators or members of the House of Representatives, while Congress is in session, in all offenses punishable by not more than six (6) years imprisonment.

c. Diplomatic officials and their domestics.

Question 3

Methods of Arrest:

Answer 3

With Warrant of Arrest

Without Warrant of Arrest

Question 4

a form of entrapment which has been repeatedly accepted to be valid means of arresting violators of Dangerous Drugs Law.

Answer 4

Buy-bust Operation

Question 5

an examination of an individual’s person, house papers or effects, or other buildings and premises to discover contraband or some evidence of guilt to be used in the prosecution of a criminal action.

Answer 5

Search

Question 6

an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and to bring it before the
court. (Sec 1, Rule 126)

Answer 6

Search Warrant

Question 7

An Arrest that have the following elements:

a) that an offense has been committed

b) offense has just been committed

c) that there is probable cause based on personal knowledge of facts or circumstances that the persons to be arrested where the ones who committed it.

Answer 7

Hot Pursuit Arrest

Question 8

a. It is the skillful questioning of a suspect or a hostile witness to divulge information on the crime being investigated.

b. It must be remembered, however, that police investigators cannot learn proper legality, topic, physical insight and experience.

Answer 8

Custodial Investigation