Warrantless arrests are allowed under 3 circumstances: 1) In flagrante delicto, when a crime is being committed in the officer's presence. The evidence gathered cannot be used if the arrest was illegal. 2) Hot pursuit, when a crime was just committed and the officer has personal knowledge the person arrested did it. There must be immediacy between the crime and arrest. 3) For escaped prisoners, as the arrest extends the original detention order. A valid warrantless arrest may be coupled with a warrantless search under certain rules. An illegally arrested person who does not raise the illegality waives their right to challenge it.
Warrantless arrests are allowed under 3 circumstances: 1) In flagrante delicto, when a crime is being committed in the officer's presence. The evidence gathered cannot be used if the arrest was illegal. 2) Hot pursuit, when a crime was just committed and the officer has personal knowledge the person arrested did it. There must be immediacy between the crime and arrest. 3) For escaped prisoners, as the arrest extends the original detention order. A valid warrantless arrest may be coupled with a warrantless search under certain rules. An illegally arrested person who does not raise the illegality waives their right to challenge it.
Warrantless arrests are allowed under 3 circumstances: 1) In flagrante delicto, when a crime is being committed in the officer's presence. The evidence gathered cannot be used if the arrest was illegal. 2) Hot pursuit, when a crime was just committed and the officer has personal knowledge the person arrested did it. There must be immediacy between the crime and arrest. 3) For escaped prisoners, as the arrest extends the original detention order. A valid warrantless arrest may be coupled with a warrantless search under certain rules. An illegally arrested person who does not raise the illegality waives their right to challenge it.
Warrantless arrests are allowed under 3 circumstances: 1) In flagrante delicto, when a crime is being committed in the officer's presence. The evidence gathered cannot be used if the arrest was illegal. 2) Hot pursuit, when a crime was just committed and the officer has personal knowledge the person arrested did it. There must be immediacy between the crime and arrest. 3) For escaped prisoners, as the arrest extends the original detention order. A valid warrantless arrest may be coupled with a warrantless search under certain rules. An illegally arrested person who does not raise the illegality waives their right to challenge it.
(1994) and People v. Jayson, 282 SCRA 166 GENERAL RULE: Sec 2 imposes that warrants are (1997) necessary for the arrest and all of the warrants must be based on Probable Cause. Otherwise, this will be NB: A warrantless arrest coupled with a warrantless infringement of the right to liberty. search is allowed by law. Otherwise, there is no valid arrest and all evidence therein is inadmissible. A valid Section 5, Rule 113 of the Rules of Court warranted arrest may also be allowed with warrantless This discusses about Arrest and enumerates the 3 reach provided limited within the prescriptions of the instances when a person may be arrested without any Rules of Court. warrant therein: A peace officer or a private person may, without a warrant, c. Escaped prisoner arrest a person: IN FAGRANTE DELICTO: When, in his There is no need for a warrant of arrest as the arrest of an presence, the person to be arrested has escaped prisoner is predicated upon the judicial order of committed, is actually committing, or attempting detention which the person have escaped from. The mere to commit an offense; arrest of an escapee is an extension of the execution of HOT PURSUIT: When an offense has in fact the aid judicial order. been committed, and he has personal knowledge of facts indicating that the person to be arrested d. Waiver has committed it; and ESCAPED PRISONER: When the person to be The active knowledge of an illegal arrest and subsequent arrested is a prisoner who has escaped from a plea without the defense of the illegality therein will be a penal establishment or place where he is serving direct and express waiver of the illegality of arrest under final judgment or temporarily confined while his Art 3 Sec 3 of the Constitution and Rules of Court 113 Sec case is pending or has escaped while being 5. transferred from one confinement to another e. Procedural rules a. In flagrante delicto People v. Rabang – 187 SCRA 682 People v. Lopez – 246 SCRA 95 When in case of a buy-bust operations the person Velasco v. CA – 245 SCRA 677 arrested was in possession of an item prohibited People v. Buluran – 325 SCRA 476 by law, there is no need for warrant as there is a crime being committed in the mere possession during an entrapment. (People v. De La Cruz, GR Additional readings: 83260, April 18, 1990) - Section 2, Article III, Constitution - RA 7438: An Act defining certain rights However, when there is instigation from the of person arrested, detained under Police Officer or any form of inducement that will custodial investigation as well as the occur, that is the prohibition of the law as to the duties of the arresting, detaining and entrapment. When seduction into a criminal mind investigating officers, and providing is present in the acts of the police officer, such penalties for violations thereof entrapment will be invalid. (People v. Doria, GR 125299, January 22, 1999) Cases: AAA v. Carbonell, G.R. No. 171465, 8 The evidence that is gathered in an illegal arrest June 2007, 524 SCRA 496 will not be admissible to court for proceedings People v. Alunday, G.R. No. 181546, 3 against him. (People v. Mengote – 210 SCRA September 2008, 564 SCRA 135 174) People v. del Rosario, G.R. No. 127755, 14 April 1999, 305 SCRA 740 NB: There must be an actual commission of the crime that People v. Jayson, G.R. No. 120330, 18 time is of essence to arrest the person committing therein November 1997, 282 SCRA 166 that is when a warrantless arrest is valid. In Criminal Law, People v. Edaño, G.R. No. 188133, 7 the immediacy of the act in in flagrante delicto is July 2014, 729 SCRA 255 immaterial but the personal knowledge of the criminal act Pestilos v. Generoso, G.R. No. 182601, is non-negotiable. 10 November 2014, 739 SCRA 337
b. Hot pursuit
Requisites for an arrest in hot pursuit:
An offense had just been committed. The person making the arrest has probable cause to believe, based on his personal knowledge of facts and circumstances, that the person to be arrested committed it. There must be immediacy between the time the offense is committed and the time of the arrest.
Go v. CA – 206 SCRA 138
There must be an actual crime committed and
that the fact of such must come first with the concurrence of the personal knowledge of the arresting officer as to who committed the crime