Rule 113 Arrest Quiz and Flashcards: Search and Seizure Study

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?

Citizen's arrest

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

Probable cause

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

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

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

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

Overt act by the accused indicating the commission of an offense Signup and view all the answers

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

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

What constitutes an arrest according to the Rules of Court?

Submission to the custody of the person making the arrest Signup and view all the answers

What is necessary for making an arrest?

Intent on the part of the parties to arrest and submit Signup and view all the answers

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

Arrest and deliver the accused without delay Signup and view all the answers

When is a warrantless arrest lawful according to Section 05?

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

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

Both peace officers and private persons 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?

Make a report to the judge who issued the warrant Signup and view all the answers

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

Formal declaration of arrest Signup and view all the answers

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

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

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

Cause the warrant to be executed and make a report to the judge who issued it 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.

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