Module 13

Question 1

This doctrine upholds that illegally obtained evidence is inadmissible in state criminal prosecutions.
Otherwise called Exclusionary Evidence.

Answer 1

Doctrine of the fruit of the poisonous tree

Question 2

the right to remain silent; the right to have competent and independent counsel preferably of his own choice and the right to be informed of these rights

Answer 2

Miranda doctrine

Question 3

actual taking of a person into custody by an authority in order that he or she may be bound to answer for the commission of an offense.

Answer 3

Arrest

Question 4

an order in writing issued in the name of the People of the Philippines, signed by a judge directed to a peace officer, commanding him to arrest the person designated and take him into custody of the law in order that he may be bound to answer for the commission of an offense.

Answer 4

Warrant of Arrest

Question 5

to the warrant of arrest issued by a judge to the peace officer after returning the original warrant of arrest after the lapse of the 10-day validity period.

Answer 5

Alias Warrant

Question 6

a warrant containing no specific name of person to be arrested by only descriptions based from the testimonies of the victim/s or the witness/es.

Answer 6

4. John Doe Warrant (Richard Doe/Jane Doe)

Question 7

Instances of warrantless arrest

Answer 7

• the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
  -When the person to be arrested is an escapee.

Question 8

The best method of restraint

Answer 8

Handcuffs

Question 9

act of examining documents, papers and effects.

Answer 9

Search

Question 10

order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer commanding him to search for personal property and bring it before the court.

Answer 10

Search warrant

Question 11

Safest type of search
Off balanced position

Answer 11

Wall search

Question 12

Instruct the subject to raise his hands above or behind his head with feet spread apart as far as possible.

Answer 12

Standing Search

Question 13

Require the suspect to kneel on the ground with hands raised over or behind his head.

Answer 13

Kneeling search

Question 14

The suspect in this search lies on his stomach with arms and legs outstretched
Can be dangerous if the subject has knowledge in defense tactics.

Answer 14

Prone search