Criminal Procedure Rule 113: Arrest, Search and Seizure Study Guide
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Questions and Answers

What is the name usually given to an arrest made by a private person under the circumstances provided for under the Rules?

  • Private detention
  • Personal arrest
  • Citizen's arrest (correct)
  • Individual confinement

    • Under Rule 113, what is not a justification for a warrantless arrest in an arrest in fiagrante delicto?

  • Probable cause (correct)
  • Reliable information
  • Mere suspicion
  • Overt act by the accused

    • What is the purpose of an arrest according to the definition provided in Section 1 of Rule 113?

  • To bind the accused to answer for an offense (correct)
  • To punish the accused
  • To release the accused
  • To intimidate the accused

    • Under what circumstances does an arrest in fiagrante delicto not require a warrant?

    <p>When there is an overt act by the accused indicating the commission of an offense</p> Signup and view all the answers

    What does Rule 113 require for an arrest in fiagrante delicto to be justified?

    <p>Overt act by the accused indicating the commission of an offense</p> Signup and view all the answers

    When can a private person make an arrest under Rule 113?

    <p>When there is no law enforcement officer available to make the arrest</p> Signup and view all the answers

    What constitutes an arrest according to the Rules of Court?

    <p>Submission to the custody of the person making the arrest</p> Signup and view all the answers

    What is necessary for making an arrest?

    <p>Intent on the part of the parties to arrest and submit</p> Signup and view all the answers

    What is the duty of the officer executing the warrant according to Section 3?

    <p>Arrest and deliver the accused without delay</p> Signup and view all the answers

    When is a warrantless arrest lawful according to Section 05?

    <p>When there is probable cause based on facts or circumstances</p> Signup and view all the answers

    Who may make a warrantless arrest according to Sec. 5(a) of Rule 113?

    <p>Both peace officers and private persons</p> Signup and view all the answers

    What must be done within ten days after the expiration period of executing a warrant, according to Section 4?

    <p>Make a report to the judge who issued the warrant</p> Signup and view all the answers

    What is NOT required for an arrest to exist, based on the text?

    <p>Formal declaration of arrest</p> Signup and view all the answers

    What is NOT considered as a lawful basis for a warrantless arrest according to Section 05?

    <p>When there is no reasonable suspicion about an offense being committed</p> Signup and view all the answers

    What should be done by the head of office within ten days after receiving a warrant?

    <p>Cause the warrant to be executed and make a report to the judge who issued it</p> Signup and view all the answers

    Study Notes

    Arrest and Warrant Rules

    • A citizen's arrest, also known as a private person's arrest, is made by a private person under circumstances provided for under the Rules.

    Warrantless Arrest

    • Section 5 states that a warrantless arrest is not justified if the offender is fleeing or attempting to escape.
    • A warrantless arrest in flagrante delicto does not require a warrant under the circumstances provided for in Rule 113.
    • An arrest in flagrante delicto is justified if the offender is caught in the act of committing the crime, or immediately after its commission.

    Purpose of Arrest

    • The purpose of an arrest, according to Section 1 of Rule 113, is to take the accused into custody in order to bring him before a court.

    Private Person's Arrest

    • A private person can make an arrest according to Rule 113 if the offender is caught in the act of committing the crime, or immediately after its commission.

    Definition of Arrest

    • An arrest, according to the Rules of Court, constitutes the taking of a person into custody in order to bring him before a court.

    Duty of Officer

    • The officer executing the warrant has the duty to notify the person arrested of the cause of the arrest and the fact that a warrant has been issued.

    Warrant Execution

    • The head of office must return the warrant to the court that issued it within ten days after the expiration of the period for its execution.

    Lawful Arrest

    • A warrantless arrest is lawful if the offender is caught in the act of committing the crime, or immediately after its commission.

    Restrictions on Warrantless Arrest

    • A warrantless arrest is not lawful if the offender is fleeing or attempting to escape.

    Return of Warrant

    • The head of office must return the warrant to the court that issued it within ten days after receiving it.

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    Description

    Prepare for your midterm with this study guide focusing on Rule 113 of Criminal Procedure, covering the arrest made by a private person, in flagrante delicto, and the exceptions and requisites for warrantless arrests. Understand the basis and requirements for a 'citizen's arrest' and the significance of overt acts in justifying warrantless arrests.

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