Constitutional Lecture Jan 21 Atty Jumao-as

Topics: Arrest, Fourth Amendment to the United States Constitution, Police Pages: 15 (5340 words) Published: February 22, 2013
January 21, 2012
Transcribed by: Jade Canada

Lets talk about

valid warrantless arrest

The first instance would be your case of IN FLAGRANTE DELICTO arrest meaning “caught in the act” this is governed by the Rule 113, Section 5 of the ROC particularly

Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112.|


What can you observed from this statement? “When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;” the police officer is witness to the commission of the offense in other words he was caught in the act! The long standing rule therefore is that reliable information solely /alone would not suffice to justify warrantless arrest. The arresting officer must have personal knowledge . what do you mean by personal knowledge? He has actually seen it , heard it indicating that the person to be arrested has committing , was committing or is about to commit an offense. Now with what he saw it must be in relation to the accused perform some OVERT ACT indicating that he is committing, or has commited an offense. There must be some OVERT ACT. Example in the case of PEOPLE vs. MOLINA Now in your list, I listed that under valid warrantless search but this is a good example for warrantless arrest.

The police here received information or a tip from an asset that the drug pusher would be passing by so he sent for a team to go for the area where the person is passing by. Subsequently, the accused passed by , the police overboard the vehicle overtook the tricycle and then the accused was arrested then after he was ordered to open the bag. So inside the bag, there were marijuana, so is the arrest valid? Is this an arrest made in flagrante delicto? What do you think? They got a tip that the accused will be passing by, the accused passed by and they arrested the accused. Was the accused committing the offense in the presence of the arresting officer? They had no way of knowing it except for the reliable information. So the rule is reliable information alone would not suffice. The accused must perform some OVERT ACT to show that he has committed, , he is committing or he is attempting to commit an offense. In this case, no such over acts were shown thus it is not an in flagrante delcite case. Another example


In this case, an agent also transacted with the accused (bibili ng drugs). After that transaction, the accused reported it to the police and the police sent a team kasi dun mangyayari ang transaction . the accused alighted from the bus, and the asset pointed to him ___ to buy the drugs. He also boarded a tricycad and there he was arrested. Is this an instance of an in flagrante delicto case? Was he caught in the act? So in this case again , the knowledge only came from a tip even if it be called a reliable...
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