pre midterm part 2

43問 • 3年前

問題一覧

it is a person in custody in order may be found answer for the commission of the offense

arrest

Person in custody of are the following except;

arrested either by virtue of a warrant of arrest, person set to be in custody of the law even without warrant, voluntary submission or surrender, when he is deprive of his freedom of action in any significant way, suspect voluntarily going to the policeman upon such officers invitation constitute an arrest

Actual force or manual touching of the body or Physical restrain a formal declaration of arrest _________ required

not all cases

no violence unnecessary force shall be used in making an arrest as much as possible

yes

necessary for if the suspect resist

yes

they have the right and power to execute make effect the arrest even in both cases warrant even not have warrant

police office officer

that is only in case of warrant less arrest or citizens arrest

private person or private individual

who have right and power to arrest ?

police, private person, NBI, Sheriff or valor, provincial or city probation officer commissioner of LTO

may issue a warrant of arrest Judge only

yes

in cases of deformation and illegal undesirable alien who may authority to arrest?

president and commissioner

judge cannot issue warrant of arrest without recommendation or bail and without examining personally

yes

not authorized to issue a warrant of arrest

clerk of court, public prosecutor or fiscal, mayor

senator and congressman exempted in arest

yes

A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

sec 11 article 6 of 1987 constitution

President, priminister, ambassador, public ministers, sovereign they are exempt from arrest

yes

Violation of traffic law, simple violation rules and regulation, violation of rental law na ang penalty ay not more than 6 months and Penalty not more than 1000 peso court shall not order the ________ of accuse

arrest

the duty of arresting officer to inform him the reason for arrest called ________ shall be inform his constitutional rights.

miranda doctrine

provides an arrestee or any suspect an awareness of his right to remain silent and to get his own lawyer

miranda doctrine

right to remain silent, right to counsel, any statement might use against person arrested, right to communicate to his lawyer , relatives etc.

constitutional rights

no custodial shall be conducted unless it be done in the presence of__________

counsel

any evidence obtain in violation of the proceeding section including sec 2 shall be admissible in evidence in any purpose

Sec 3 paragraph 2

any evidence obtain in violation of the proceeding section including sec 2 shall be admissible in evidence in any purpose called ___________

pruit of poisonous doctrine

evidence obtained from illegal arrest, search or seizure is not admissible in the court of law. [1] Such evidence is excluded by the courts at the time of trial and the State is prevented from using the same as evidence

pruit of poisonous doctrine

exculpatory or inculpatory that is not admissible _________

evidence

execution of warrant it must be with in _____ days from receipt by the warrant section or lead of office

after 20 days from receipt it must be with in 20 days from the warrant section or the head of office a report of execution of warrant of arrest

yes

warrant of arrest remains valid and effective until it is executed

yes

there is a specific period where in if it is not search it will expired

search warrant

will remain effective until it is executed unless specifically provided in the warrant of arrest the same remains enforcible until it is executed recall or requash

warrant of arrest

it is only the directive in law enforcement who will execute the warrant and that ____ days reffers to the time for the law enforcement officer to make retain to the court

private person or private individual is not part of law enforcement agency

yes

warrant of arrest valid if the person actually committing an offence sa harapan ng police, sa harapan ng private individual

nakagawa ng crimen, ginagawa ang crimen, attempting to commit an offense

any moment you can effect the arrest

yes

if u can see the person kill another person but you see the knife in his hand with blood that's called _________ to believe

probable cause

it is a degree of proof in a criminal case to support the conviction of an accused

reasonable doubt

refers to the mind of the person believing to be that the Person to be arrested probably omitted ot there is probability

probable cause

warran of arrest valid even

omitted of offense, actually omitting an offense, attempting commit an offense

warrant less arest is lawful

in flagranto delicto, escape in prisoner

the time of making an arrest maybe made on any day any time of the day or night,

yes

time allowed period of detention of person lawfully arrested without warrant of arrest

12, 18, 36

hrs for crime offense punishable by light penalty

hrs offenses punishable by correctional penalty

offenses punishable by afflictive or capital penalties

36 hrs

Lea set A

Christian Jay Santos · 53問 · 3年前

Lea set A