Arrest is the actual restraint of the person to be arrested or by his submission to the custody of the person making the arrest.
All arrests should be made only on the basis of valid warrant issued by a competent authority, except in cases specified under the doctrine of citizen's arrest (Sec.5, Rule 113 of Rules on Criminal Procedure).
A. Miranda Law - A guide against self-incrimination.
The foundation for Miranda v. Arizona (1966) was laid in Malloy v. Hogan (1964) which applied the privilege against self-incrimination to state criminal proceedings, and Escobedo v. Illinois (1964) which allowed consultation with an attorney about the privilege against self-incrimination.
Miranda is intended to extinguish the use of coercion but allowing pressure. It was not intended to reform the police or improve society, but to simply draw the line on coercion, much like Brown v. Mississippi (1936) was intended to outlaw torture. It was not intended to eliminate interrogation, which is inherently stressful and necessarily involves pressure. The purpose of Miranda is to neutralize the distinct psychological disadvantage that suspects are under when dealing with police.
Specific Miranda warnings include the following statements:
1. You have the right to remain silent.
2. Anything you say can and will be used against in a court of law.
3. You have the right to talk to a lawyer and have him/her present with you during questioning.
4. If you can not afford lawyer, one will be appointed to represent you, if you wish.
As a general rule, arrests may be made on any day at any time of the day or night. The arrest or search warrant is valid for 10 days.
B. Conditions of lawful warrantless arrest:
1. When in his/her (the person to arrest) presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
2. When an offense has just been committed and he/she (arresting party) has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it;
3. When the person to be arrested is a prisoner who has escaped from hospital, detention, while transferring to a penal institution.
C. Duties of arresting officer with or without warrant:
1. Inform the arrested person about his/her rights as per Miranda Law;
2. Deliver to the nearest prison/jail;
3. Subject the arrested person for medical/physical examination
4. Prohibition
5. Record check
6. Officer may summon assistance
7. The arresting officer has the right to break into or break out from building.
8. The officer has the right to arrest after an escape or rescue.
All arrests should be made only on the basis of valid warrant issued by a competent authority, except in cases specified under the doctrine of citizen's arrest (Sec.5, Rule 113 of Rules on Criminal Procedure).
A. Miranda Law - A guide against self-incrimination.
The foundation for Miranda v. Arizona (1966) was laid in Malloy v. Hogan (1964) which applied the privilege against self-incrimination to state criminal proceedings, and Escobedo v. Illinois (1964) which allowed consultation with an attorney about the privilege against self-incrimination.
Miranda is intended to extinguish the use of coercion but allowing pressure. It was not intended to reform the police or improve society, but to simply draw the line on coercion, much like Brown v. Mississippi (1936) was intended to outlaw torture. It was not intended to eliminate interrogation, which is inherently stressful and necessarily involves pressure. The purpose of Miranda is to neutralize the distinct psychological disadvantage that suspects are under when dealing with police.
Specific Miranda warnings include the following statements:
1. You have the right to remain silent.
2. Anything you say can and will be used against in a court of law.
3. You have the right to talk to a lawyer and have him/her present with you during questioning.
4. If you can not afford lawyer, one will be appointed to represent you, if you wish.
As a general rule, arrests may be made on any day at any time of the day or night. The arrest or search warrant is valid for 10 days.
B. Conditions of lawful warrantless arrest:
1. When in his/her (the person to arrest) presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
2. When an offense has just been committed and he/she (arresting party) has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it;
3. When the person to be arrested is a prisoner who has escaped from hospital, detention, while transferring to a penal institution.
C. Duties of arresting officer with or without warrant:
1. Inform the arrested person about his/her rights as per Miranda Law;
2. Deliver to the nearest prison/jail;
3. Subject the arrested person for medical/physical examination
4. Prohibition
5. Record check
6. Officer may summon assistance
7. The arresting officer has the right to break into or break out from building.
8. The officer has the right to arrest after an escape or rescue.