Awareness on Warrantless Arrest
Chapter 1
The Problem And Its background
“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant.”
JOHN STUART MILL (2001)
Introduction
Arrest is the actual restraint of the person to be arrested or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest, and the person to be arrested shall not be subjected to any greater restraint than is necessary for his detention (Rule 113, Rules on Criminal Procedure).
All arrests should be made only on the basis of a valid warrant of arrest issued by a competent authority, except in cases specified under the Doctrine of Citizens Arrest (Sec. 5, Rule 113, Rules on Criminal Procedure). As a general rule, an arrest by the police should be supported by a warrant. This is not an absolute rule. For your vital legal awareness, here is a list of valid warrantless arrests.
The constitutional protection of the person against arbitrary arrests is guaranteed by the general rule that the police should first secure an arrest warrant. However, there can be cases of valid arrests without a warrant of arrest. To be valid, the minimal requirement is “probable cause.” There must be a reasonable ground of suspicion, supported by circumstances to believe that the person to be arrested is guilty.
Legal Awareness: Valid Warrantless Arrest No. 1: A police officer or a private person may, without a warrant arrest a person when in his presence, the person to be arrested has committed, is actually committing or attempting to commit a crime.
The most common application of this is the “in flagrante delicto” rule in “buy-bust” operations. “In flagrante delicto” basically means getting caught in the act of committing a crime. A buy-bust operation is a form of entrapment usually conducted to enforce drug
The Problem And Its background
“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant.”
JOHN STUART MILL (2001)
Introduction
Arrest is the actual restraint of the person to be arrested or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest, and the person to be arrested shall not be subjected to any greater restraint than is necessary for his detention (Rule 113, Rules on Criminal Procedure).
All arrests should be made only on the basis of a valid warrant of arrest issued by a competent authority, except in cases specified under the Doctrine of Citizens Arrest (Sec. 5, Rule 113, Rules on Criminal Procedure). As a general rule, an arrest by the police should be supported by a warrant. This is not an absolute rule. For your vital legal awareness, here is a list of valid warrantless arrests.
The constitutional protection of the person against arbitrary arrests is guaranteed by the general rule that the police should first secure an arrest warrant. However, there can be cases of valid arrests without a warrant of arrest. To be valid, the minimal requirement is “probable cause.” There must be a reasonable ground of suspicion, supported by circumstances to believe that the person to be arrested is guilty.
Legal Awareness: Valid Warrantless Arrest No. 1: A police officer or a private person may, without a warrant arrest a person when in his presence, the person to be arrested has committed, is actually committing or attempting to commit a crime.
The most common application of this is the “in flagrante delicto” rule in “buy-bust” operations. “In flagrante delicto” basically means getting caught in the act of committing a crime. A buy-bust operation is a form of entrapment usually conducted to enforce drug
References: C.L Cantrell, Reasonable Cause in Warrantless Arrest, 1978 J.N Arellano V. Busto, A Compilation of the Revised Penal Code of the Philippines, ISBN-971-8961-30-5, 2003 B PNP Operational Manual, 2010 Associate Justice Reynato S April M. Zeoli, Alexis Norris, Hannah Bremer, Journal of Interpersonal Violence,Vol. 26, No. 14 2811-2833, 2002 Almeda Country Dsitrict Attorney’s Office, Warrantless Misdemeanor, 2009 Stribopoulos, Constitutional Regulation of Arrest. 2003 C JANUARY 20, 2013