PAPER 2 Flashcards
A peace officer or a private person may, without a warrant, arrest a person When, in his presence, the person to He arrested has committed, is actually committing or is ____ to commit an offense
Attempting
A peace officer or a private person may, without a warrant, arrest a person, when an offense has just been committed and he has _______ to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it
Probable Cause
ARTICLE 9 OF ICCPR STATES THAT: Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that person awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement TRUE OR FALSE
True
A person LAWFULLY ARRESTED may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant
Search Incidental to lawful arrest
It is not a treaty but has evolved into general principles of international law. Contains a PREAMBLE AND 30 ARTICLES
1948 Universal Declaration of Human Rights
It is also the PROTOCOL wherein the jurisdiction of human rights committee to receive and consider communications from those who are victims of human rights violation
First optional protocol
Examples of First Generation of Rights:
Right to Life,
Freedom against torture and inhumane prison condition,
Freedom to liberty,
Freedom from arbitrary detention,
Freedom against slavery
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment in particular no one shall he subjected without his free consent to medical or scientific experimentation TRUE OR FALSE
TRUE
There is a valid waiver of search when a person who consented to the search of his vehicle cannot hereafter complain that he was illegally searched TRUE OR FALSE
FALSE
There is a valid waiver of search when the consent to check if there were rebels inside the house was a consent to conduct a room to room search TRUE OR FALSE
FALSE
There is a valid waiver of search when in the case the consent of a “manicurist by profession” who was, as the time, in the hotel room, did not authorized the search of the hotel room TRUE OR FALSE
FALSE
A search at a checkpoint that was set up as a result of months of surveillance and intelligence information and done contemporaneously with a valid warrantless search is a valid search TRUE OR FALSE
FALSE
Everyone shall be free to leave any country, including his own, except in cases of national election. TRUE OR FALSE
TRUE
. Everyone shall be free to leave any country, including his own, except when there is a need to protect the national security. TRUE OR FALSE
TRUE
Everyone shall be free to leave any country, including his own, except when there is a need to protect the public morals TRUE OR FALSE
TRUE
