ARREST

What is arrest?

Arrest is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense.

How is an arrest made?

Arrest is made by an actual restraint of the person to be arrested or by his submission to

the custody of the person making the arrest.

What does it mean when jurisprudence says that the officer, in making the arrest,
must “stand his ground”?

It means that the officer may use such force as is reasonably necessary to effect the arrest.

What is the duty of the arresting officer who arrests a person?

He must deliver the person immediately to the nearest jail or police station.

Within what period must a warrant of arrest be served?

There is no time period. A warrant of arrest is valid until the arrest is effected or until it is
lifted (until served or set aside by the court). The head of the office to whom the warrant
was delivered must cause it to be executed within 10 days from its receipt, and the officer
to whom it is assigned for execution must make a report to the judge who issued it within
10 days from the expiration of the period. If he fails to execute it, he should state the
reasons therefor.

When is an arrest without warrant lawful?

A peace officer or private person may arrest without warrant:

1. When in his presence, the person to be arrested has committed, is actually

committing, or is about to commit an offense;
2. When an offense has just been committed, and he has probable cause based on
personal knowledge of facts and circumstances that the person to be arrested has
committed it; and
3. 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.

A police officer was chasing a person who had just committed an offense. The
person went inside a house, so the police officer followed. Inside the house, the
police officer saw drugs lying around. Can he confiscate the drugs? Can he use
them as evidence?

Yes. The plain view doctrine is applicable in this case because there was a prior valid
intrusion, the police officer inadvertently discovered the evidence, he had a right to be
there, and the evidence was immediately apparent.

What if the officer merely peeks through the window of the house and sees the
drugs – can he confiscate them? Can he use them as evidence?

He can confiscate them, without prejudice to his liability for violation of domicile. He cannot
use them as evidence because the seizure cannot be justified under the plain view doctrine,
there being no previous valid intrusion.

When should an arrest be made?

It can be made on any day and at any time of the day and night.

Can an officer arrest a person against whom a warrant has been issued even if he
does not have the warrant with him?

Yes, but after the arrest, if the person arrested requires, it must be shown to him as soon
as practicable.

What are the other instances wherein an accused could be arrested without a
warrant?

1. Rule 113 sec 5

2. Rule 114 sec 23