Arrest & Search Warrant

• What is the definition of arrest?

  Arrest is the taking of a person into custody to answer for an offense.
• What are the two modes of arrest?

  1. Arrest by virtue of a warrant
  2. Arrest without a warrant under exceptional circumstances
• What does search and seizure refer to in criminal investigation?

  It refers to the examination of a person, their houses, papers, or effects to discover evidence of guilt.
• What is the general rule regarding searches?

  No search can be conducted without a valid search warrant.
• What is the definition of seizure in the context of criminal investigation?

  Seizure refers to the confiscation of property by an officer with legal authority.
• What is a warrant of arrest?

  A warrant of arrest is an order issued by a judge commanding a peace officer to arrest a designated person.
• What are the essential requisites of a valid warrant of arrest?

  1. Issued upon probable cause after examination under oath.
  2. Must particularly describe the person to be seized.
• What is probable cause?

  Probable cause refers to evidence that warrants a reasonable belief that a crime was committed.
• What are the situations in which a police officer may arrest without a warrant?

  1. In flagrante delicto, 2. Doctrine of Hot Pursuit, 3. Escapee from penal establishment.
• What are the properties that may be seized under a search warrant?

  1. Subject of the offense
  2. Stolen or embezzled property
  3. Property used for the commission of an offense
• How long is a search warrant valid?

  A search warrant is valid for ten days from the date of issuance.
• What happens if the search warrant cannot be executed in one day?

  The search can be continued the following day or days within the ten-day validity period.
• What must a police officer do if the search cannot be completed within the ten-day validity period?

  The officer must file an application for an extension of the validity period before the issuing court.
• What are the prohibited acts in the conduct of a search by virtue of a search warrant?

  1. Search must be in the presence of the lawful occupant or witnesses.
  2. Lawful personal properties not described in the warrant shall not be taken.
• What are the instances when a search may be made without a warrant?

  1. Search incidental to a lawful arrest
  2. Seizure of evidence in plain view
  3. Search of moving vehicles
  4. Consented warrantless search
  5. Customs search
  6. Stop and frisk
  7. Exigent and emergency circumstances
• What does "search incidental to a lawful arrest" mean?

  A person lawfully arrested may be searched for weapons or evidence without a search warrant.
• What is the plain view doctrine?

  The plain view doctrine allows officers to seize evidence that is readily observable without a warrant.
• Under what conditions can a search of moving vehicles be conducted?

  If police have reasonable cause to believe evidence of a crime is in the vehicle.
• What is required for a consented warrantless search to be valid?

  There must be knowledge of the right and an actual intention to relinquish it.
• What is the traditional understanding of customs search?

  Customs officers may conduct searches without a warrant in enforcing customs laws.
• What is a "stop and frisk" situation?

  A "stop and frisk" allows police to stop and pat down a person acting suspiciously for weapons.
• When can a search warrant be dispensed with due to exigent circumstances?

  When police have reasonable grounds to believe a crime is being committed and cannot apply for a warrant.
• What does "in flagrante delicto" refer to in legal terms?

  It refers to being caught in the act of committing an offense.
• Under what circumstances can a person be arrested in flagrante delicto?

  A person can be arrested if they have committed, are committing, or are attempting to commit an offense in the presence of a police officer.
• How does the concept of in flagrante delicto relate to the presence of a police officer?

  The concept requires that the offense occurs in the presence of a police officer for an arrest to be made.
• What are the key elements of in flagrante delicto?

  • The person has committed an offense
  • The person is actually committing an offense
  • The person is attempting to commit an offense
  • All actions must occur in the presence of a police officer
• Doctrine of Hot Pursuit is a type of warrantless arrest that?

  When an offense has in fact has been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.
• Escapee from penal establishment is a type of warrantless arrest that?

  Escaped when he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.