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  • Guide To Tokhang Module Arrest

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    Contreras Cesar Clarence
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    An arrest warrant must be executed by an officer without unnecessary delay. The officer must inform the person of the cause of arrest and that a warrant has been issued, unless doing so would imperil the arrest or the person flees. A warrantless arrest is valid if the offense was committed in the officer's presence through an overt act, or if the person escapes confinement. After a valid warrantless arrest, the person must be delivered to the nearest police station. The arresting officer or private person must state their authority and cause for an arrest without a warrant, unless stating so would imperil the arrest or the person is caught in the act of committing an offense.

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    Guide to Tokhang Module Arrest

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    An arrest warrant must be executed by an officer without unnecessary delay. The officer must inform the person of the cause of arrest and that a warrant has been issued, unless doing so would imperil the arrest or the person flees. A warrantless arrest is valid if the offense was committed in the officer's presence through an overt act, or if the person escapes confinement. After a valid warrantless arrest, the person must be delivered to the nearest police station. The arresting officer or private person must state their authority and cause for an arrest without a warrant, unless stating so would imperil the arrest or the person is caught in the act of committing an offense.

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    © All Rights Reserved
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    36 views2 pages

    Guide To Tokhang Module Arrest

    Uploaded by

    Contreras Cesar Clarence
    An arrest warrant must be executed by an officer without unnecessary delay. The officer must inform the person of the cause of arrest and that a warrant has been issued, unless doing so would imperil the arrest or the person flees. A warrantless arrest is valid if the offense was committed in the officer's presence through an overt act, or if the person escapes confinement. After a valid warrantless arrest, the person must be delivered to the nearest police station. The arresting officer or private person must state their authority and cause for an arrest without a warrant, unless stating so would imperil the arrest or the person is caught in the act of committing an offense.

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    of 2

    RULE 113 ARREST o Good example: buy-bust

    operation
    Sec. 3. Duty of arresting officer. It shall be the 2. Offense has just been committed, and
    duty of the officer executing the warrant to arrest the peace officer or private person has
    the accused and deliver him to the nearest police probable cause to believe base on
    station or jail without unnecessary delay. persona knowledge that the person to be
    arrested has committed it;
    Sec. 6. Time of making arrest. An arrest may 3. Person just escaped from confinement
    be made on any day and at any time of the day or (convicted or detained) or has escaped
    night. while being transferred;
    o If a person lawfully arrested
    Sec. 7. Method of arrest by officer by virtue of escapes or is rescued, any
    warrant. person may immediately pursue
    [SHOW AN IMAGE OF AN ARREST him or retake him without a
    WARRANT] warrant (Rule 112, Sec. 113)
    4. Arrest by judicial bondsmen, or when the
    How does an arrest warrant take place? accused (on bail) attempts to depart the
    A: Officer informs the person to be arrested country
    the:
    1. Cause of the arrest; and that What should happen after a valid warrantless
    2. A warrant has been issued for his arrest?
    arrest. A: He must immediately be delivered to the
    nearest police station.
    EXCEPTIONS:
    1. When the person flees or forcibly Sec. 8. Method of arrest by officer without
    resists; or warrant.
    2. When the giving of such information
    will imperil the arrest. Duty of arresting officer if the arrest is made
    without a warrant
    Does the arresting officer need to have the 1. State his authority;
    warrant on him? 2. State cause
    A: NO. But if the person arrested wants to
    see it, it must be shown to him as soon EXCEPTIONS:
    as practicable. 1. When person is engaged in the
    commission of the offense;
    Sec. 5. Arrest without warrant; when lawful. 2. When person is pursued immediately
    after its commission; or
    When warrantless arrest is VALID 3. Person has escaped, flees, or forcibly
    1. In flagrante delicto, in the presence of the resists before the arresting person had
    peace officer or private person; the opportunity to inform him; or
    o There must be an OVERT ACT 4. Giving of such will imperil the arrest
    indicating that he just committed,
    is actually committing, or is Sec. 9. Method of arrest by private person.
    attempting to commit a crime;
    and Duty of arresting officer if the arrest is made
    o Such overt act is done in the without
    presence or within the view of the
    arresting officer 1. State intention to arrest;
    2. State cause of arrest.
    EXCEPTIONS: [SAME]
    1. When person is engaged in the
    commission of the offense;
    2. When person is pusued immediately
    after its commission; or
    3. Person has escaped, flees, or forcibly
    resists before the arresting person had
    the opportunity to inform him; or
    4. Giving of such will imperil the arrest

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