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ARREST PROPER
(RULE 113) - Coggle Diagram
IN GENERAL
Arrest, how effected
- Actual restraint
- Voluntary submission to the custody of the one making the arrest
No violence or unnecessary force shall be used in making an arrest
Things to be considered in determining the reasonableness of the force employed:
- Number of aggressors
- Nature and characteristic of the weapon used
- Physical condition and size of aggresors
- Other circumstances such as the place and occassion of the assault
MIRANDA RIGHTS
- Right to remain silent
- Anything he says can be used and will be used against him in a court of law
- Right to talk to an attorney before being questioned and to have his counsel present when being questioned
- If he cannot afford an attorney, one will be provided before any questioning if he so desires
Recording of Police Investigation
GR: All crime incidents must be recorded in the police blotter, even under the following incidents:
- Offender is ILL(and unlikely to recover), SENILE or MENTALLY DISTURBED
- Complainant or essential witness is DEAD
- Victim or essential witness REFUSES or permanently unable to stand as witness
- Victim, complainant or witness is a MINOR
Massiah Rule (Massiah v. United States, 1964)
Any secret interrogation of the defendant, from and after the finding of the indictment, without the protection afforded by the presence of counsel, contravenes the basic dictates of fairness in the conduct of criminal causes and the fundamental rights of the person charged with a crime.
Right of attorney or relative to visit the person arrested
- Visitation rights is broader for a member of the PH Bar.
- Relatives and other persons are subject to reasonable regulations.
"Reasonable regulations"
- Number of visitors may be limited
- Documents to prove relationship with detainee must be presented
- No wearing of clothes of the same color as detainee's uniform
- No conjugal visits
- Lawyer of the accused has the right to visit subject to existing security rules and regulations
- No cameras or other similar devices
- No deadly weapons or firearms
ARREST WITH WARRANT
Two-fold duty of the arresting officer
- To arrest the accused
- To deliver the accused to the nearest police station of jail without unnecessary delay
EXECUTION OF WARRANT
- The warrant must be executed within 10 days from receipt
- Within 10 days after the expiration of the period, the officer to whom it is assigned must make a report to the judge who issued the warrant.
- In case of failure to execute the warrant, the officer shall state the reasons therefor.
- If after 6 months from delivery of the warrant, the accused remains at large, the criminal case may be archived.
WARRANTLESS ARREST
KINDS OF WARRANTLESS ARRESTS
- Arrest in flagrante delicto (FD)
- Arrest in hot pursuit (HP)
- Arrest of escaped prisoners or those temporarily detained (EP)
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Arrest in hot pursuit
Elements
- The person to be arrested must have just committed an offense (immediacy)
- The arresting officer must have personal knowledge of facts or circumstances indicating that the person to be arrested is the one who committed the offense (probable cause based on personal knowledge)
"Personal knowledge"
- Must be supported by circumstances sufficiently strong in themselves to create the probable cause of guilt of the person to be arrested
- Thus, a reasonable suspicion must be founded on
(1) probable cause and;
(2) good faith on the part of the peace officers making the arrest
"Immediacy"
- Based on jurisprudence, the arrest must be at least made "on the same day" [People v. Tonog]
- In cases where the arrest was made after 4 days, the arrest was held to not comply with the immediacy requirement [People v. del Rosario]
Hearsay as basis of probable cause
- Probable cause in arrest in hot pursuit may be based on hearsay evidence as long as there is substantial basis for crediting the hearsay (such as when the person making the hearsay is credible)
- Ratio: Such investigation is merely preliminary and does not finally adjudicate the rights and obligations of parties
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Other provisions of the Rules providing for a valid arrest without warrant
- Arrest of a lawfully arrested person who escapes or is rescued
- A bondsman's arrest of a person on bail who attempts to depart from PH without court permission
- A bondsman's arrest of a person for the purpose of surrendering him