Arrest; Police Procedures a warrant of arrest is issued and valid for all law
- Arrested individuals are allowed to call, only enforcers.
within a reasonable time, anyone they would - Regular filing - same like. - Inquest proceeding - no warrant - Physical Examination needed - Booking with the desk officer - Presentation of evidence, not turnover of Arrest; When a Complainant submits their evidence complaint to the police - Chain of custody upheld - Police officers are made to investigate - Mandatory: marking and inventory - Arrest can be made if through hot- made at the crime scene itself pursuit, in flagrante delicto, or in any other cases - Exception: If it is inconvenient to make of valid warrantless arrest the markings on the spot, then - Suspects are then made to go through markings can be made at a place inquest proceedings reasonably convenient and where both the - Prosecutor determines if a lawful police and the suspect are safe warrantless arrest are made from imminent harm or danger - Nevertheless, police officers if unable - Investigator on the case accepts properly to catch the suspect in flagrante delicto or marked and inventoried evidence through hot- pursuit, then a recommendation is produced by the police that is later transmitted - For Drug cases: evidence then are brought to to the prosecutor. the crime laboratory - The prosecutor determines if probable - Submitted are: cause is present. If the same is present, the (1) Drug test findings are certified and sent to the (2) Laboratory test of the sample courts for a judicial finding of probable cause. If (3) Physical examination of the suspect found to exist, a warrant of arrest is made by the judge valid for all law enforcers. - Arresting officers are made to produce their - Arrests can be made in any way by the statement in their own volition and without police if a warrant of arrest exists. Failure to counsel physically produce the warrant of arrest is not a defect in the arrest. Physical possession is not - Inquest: For filing, for further investigation, for required. dismissal, for inquest, for release order - If arrested, the police officer states for the accused their identity, the court and branch - In cases where a complaint is filed to the that has issued the warrant of arrest, the prosecutor and a preliminary investigation is offense charged, the accused's name, and their required constitutional rights. - Continuous custody by the police and - Failure to state the constitutional rights bail amount set of the accused during arrest is not a ground for - Bail a matter of privilege invalidating the arrest, however the arresting officer may be charged administratively. Issuance of warrant of arrest; Grounds - Mere invitation by the police is - Direct filing - when a prosecutor finds a tantamount to arrest. Invitation cannot be prima facie evidence finding that there is a resisted if evidence is presented. probable cause for the crime committed, the - The accused is brought to the nearest findings are certified and transmitted to the police station courts. If the judge finds a probable cause, then - Arrested individuals are allowed to call, police and the suspect are safe from imminent only within a reasonable time, anyone they harm or danger would like. - Investigator on the case accepts - Physical examination of the accused properly marked and inventoried evidence - Booking with the desk officer - Arrested persons are made to go - Presentation of evidence, not turnover through inquest proceedings of evidence - Prosecutor determines if a lawful - Chain of custody upheld warrantless arrest are made - Mandatory: marking and inventory - If a lawful warrantless arrest is found, made at the crime scene itself the police holds continuous custody and the bail - Exception: If it is inconvenient to make amount is set by the court. the markings on the spot, then - If the warrantless arrest is not valid, the markings can be made at a place accused may be release pending further reasonably convenient and where both the investigation police and the suspect are safe from imminent harm or danger Warrant of arrest; Validity - Investigator on the case accepts - A warrant of arrest does not expire. properly marked and inventoried evidence Valid indefinitely, or until the accused is - The Police holds continuous custody arrested and is brought to the and the bail amount is set by the court. jurisdiction of the court - Only a search warrant has an expiration Arrest; When a suspect is arrested through hot- period pursuit, in flagrante delicto, or in any other - Can be used by any type law enforcer cases of valid warrantless arrest - If arrested, the police officer states for Filing of a complaint or information; Issuance of the accused their identity, the offense warrant of arrest; Prescription of offense charged, the accused's name, and their - Once a complaint is filed to the courts, constitutional rights. prescription for the offense is tolled. - Failure to state the constitutional rights of the accused during a lawful Arrest; Different circumstances warrantless arrest is a ground for - Arrest can be made by any police invalidating the arrest. officer, whether on-duty or off-duty provided - The accused is brought to the nearest jurisdiction of the police districts are observed police station - Failure to observe the jurisdiction of - Arrested individuals are allowed to call, police districts is not a defect in the arrest, but only within a reasonable time, anyone they the arresting police officers may be held would like. administratively liable - Physical examination of the accused - Citizen's arrest is also possible - the - Booking with the desk officer arresting citizen states his identity, the offense - Presentation of evidence, not turnover charged against the accused and his rights of evidence - An arrest can be made in any time of - Chain of custody upheld the day - Mandatory: marking and inventory - If an arrest is made on a weekend or a made at the crime scene itself holiday - Exception: If it is inconvenient to make - Bail can be made by the next working the markings on the spot, then day markings can be made at a place reasonably convenient and where both the - If successfully made, then a release order is issued by the courts directing the law enforcers to release the accused
Arrest; Special circumstances
- Minors not handcuffed, only subdued - Politicians no special treatment; Presumption of regularity - Insane Presumption of regularity, same procedures for arrest. If verified, must be committed to a mental institution - Police officer Chief of Police has a power to issue a directive to send the accused police officer to the PNP custodial center for any offense charged, criminal or administrative. It does not work as a warrant however. - Soldier Chief of AFP has a power to issue a directive to send the accused solider to the AFP custodial center for any offense charged, criminal or administrative. It does not work as a warrant however. - Foreigner If the accused can understand English, then his rights are stated to him. However, if not, then a translator is used to state his rights to him.
Arrest; Permissible amount of restraint
- Force that is sufficient and substantial, in any manner, to subdue the accused
Arrest; Custody of arrested individuals
- Police holds continuous custody and the bail amount is set by the court. - Bail is a matter of right - If the accused has served the imposable penalty while in police detention before being brought to court, he may be released upon presentation to the court and has plead guilty - If the accused is found in a hospital, the police takes custody of the accused by guarding him in the hospital itself - The Court can decree a different detention center for the accused ie. hospital arrest, house arrest