WARRANTLESS ARREST

A person can be arrested without warrant under the following instances: 1. In flagrante delicto – The person to be arrested has eit...


A person can be arrested without warrant under the following instances:

1. In flagrante delicto – The person to be arrested has either committed, is actually committing, or is about to commit an offense in the presence of the arresting officer.

2. Hot Pursuit – When an offense has in fact just been committed and the arresting officer has probable cause to believe, based on personal knowledge of the facts and circumstances indicating, that the person to be arrested has committed it.

3. Escaped Prisoner or Detainee – When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. (Sec. 5, Rule 113, Rules of Court)

DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. It should not be used as sole basis in filing a case, instead, consult your lawyer for proper legal advice.

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