REPORTING
ARREST
● Is the taking of a person into custody in order that he maybe bound to answer for the
commission of an offense.
● It may be actual restraint of the person to be arrested, or by his submission to the
custody of the person making the arrest.
● It signifies restraint on person, depriving one of his own will and liberty, binding him to
become obedient to the will of the law.
ARREST
• A person who, being suspected by a police officer of having committed an offense, was invited
by the latter and who voluntarily went with him , was considered arrested, for arrest includes
submissions to the custody of the person making the arrest.
• The basis for his arrest being merely on suspicion, his arrest was illegal.
HOW ARREST IS MADE:
● Made by an actual restraint of the person to be arrested, or by his submission to the
custody of the person making the arrest.
● NO VIOLENCE OR UNNECESSARY FORCE shall be used in making an arrest.
● The person arrested shall not be subject to any greater restraint than is necessary for his
detention.
NO FORCE OR VIOLATION SHOULD BE USED
TO EFFECT ARREST:
● An arresting officer is never justified in using unnecessary force in making the arrest.
● If the arresting officer employs violence which is unnecessary to effect the arrest or to
prevent the escape of the person arrested, he may be held criminally liable for resulting
offense, UNLESS he can show the justifying circumstance precluding "any person who
acts in the fulfillment of a duty or in the lawful exercise of a right or office" from incurring
criminal liability.
LEGAL RIGHTS OF AN INDIVIDUAL DURING ARREST:
Right to Remain Silent
● Under the 5th Amendment (in the U.S.), individuals can remain silent to avoid self-
●
incrimination.
● Police must inform individuals of this right during arrest (Miranda Warning).
2. Right to Know the Charges
● Arrested individuals have the right to be informed of the charges against them.
● This ensures they can prepare a defense or challenge the arrest.
3. Right to an Attorney
● The 6th Amendment guarantees the right to an attorney during questioning.
● If unable to afford one, a public defender must be provided.
PROPER PROCEDURE OF ARREST :
Identification of Law Enforcement
● Officers must clearly identify themselves as law enforcement (e.g., showing badge or
uniform).
● The person being arrested has the right to know they are being taken into custody by
legal authority.
2. Reasonable Suspicion or Probable Cause
● Arrests must be based on reasonable suspicion or probable cause.
● Law enforcement must have evidence or a belief that a crime has been committed or is
about to occur.
3. Informing the Individual of Their Rights
● The Miranda Rights must be read once the individual is in custody and before any
questioning occurs (e.g., right to remain silent, right to an attorney).
4. Use of Reasonable Force
● Arresting officers are allowed to use only reasonable and necessary force to detain a
suspect.
● Excessive force can lead to legal consequences.
5. Detainment and Documentation
● After the arrest, the individual must be taken to a police station or holding facility.
● Booking involves collecting personal information, fingerprints, and charges.
6. Informing of the Charges
● The individual must be promptly informed of the charges against them, usually within a
set timeframe (e.g., 48 hours).
● This is essential for the defendant to prepare for their first court appearance.
IMPORTANCE OF ARREST:
Maintains Public Safety
● Arresting suspects prevents them from committing further crimes and protects the
community from potential harm.
Enforces the Law
● Arrest is a key tool used by law enforcement to uphold laws and ensure that justice is
served.
Preserves Evidence and Prevents Escape
● Arresting a suspect quickly can prevent them from destroying evidence or fleeing from
justice.
Starts the Legal Process
● An arrest initiates the formal criminal justice process, including investigation,
prosecution, and trial.
Protects Victims’ Rights
● Arrests help deliver justice for victims, showing that the system acknowledges and acts
on their suffering.
TYPES OF ARREST
Arrest with a Warrant
● An arrest made under the authority of a warrant issued by a magistrate or judge.
● After police gather enough evidence and request a court to approve the arrest.
● Ensures the arrest is legally reviewed and approved by the judiciary.
Arrest without a Warrant
● An arrest made by a police officer without prior approval from a court.
● If a person is caught in the act (in flagrante delicto)
● If there is reasonable or probable cause to believe a person committed a crime
● In cases of emergency or preventing escape
● Allows immediate action to maintain law and order.
PERIODS WITHIN WHICH A PERSON ARRESTED WITHOUT A WARRANT SHOULD BE CHARGED
IN THE PROPER FORUM
● LIGHT PENALTIES - 12 HOURS
● CORRECTIONAL PENALTIES - 18 HOURS
● AFFLICTIVE AND CAPITAL PENALTIES - 36 HOURS
Citizen’s Arrest (Private Arrest)
● An arrest made by a private individual who witnesses a crime being committed.
● For serious crimes (felonies or cognizable offenses) witnessed directly.
● Enables public involvement in detaining criminals when police are not present.
● Note: Strict legal conditions apply, and misuse can lead to legal consequences.
WARRANT OF ARREST
A Warrant of Arrest is a written order issued by a judge or magistrate that gives legal
authority to law enforcement officers to arrest a specific person who is suspected of
committing a crime.
● It is issued after reviewing evidence or a formal complaint.
● The warrant includes the name of the accused, the offense committed, and the legal
authority for the arrest.
● It ensures that the arrest is legal and approved by the court.
VALIDITY: No time limit , Valid Until served
EXECUTORY PERIOD: Within 10 days - Make a report if either executed or not.
Purpose:
To protect individual rights by ensuring that a person's arrest is based on lawful grounds and
judicial oversight.
SEARCH AND SEIZURES
Search is an examination of an individual's person, house, papers or effect, or other building
and premises to discover contraband or some evidence of guilt to be used in the prosecution of
a criminal action.
General rule;
any police officer cannot search unless there is a valid search warrant. To be valid, probable
cause must established
Seizure
the confiscation of the property or any material usually fruit of the crime or product of illegal
activities to serve as an evidence in the legal proceeding.
SEARCH WARRANT
A Search Warrant is a legal document issued by a judge or magistrate that authorizes law
enforcement officers to enter and search a specific place for evidence related to a crime.
● The warrant clearly states the location to be searched and the items or evidence being
looked for.
● It is issued only when there is probable cause to believe that evidence of a crime is
present at the location.
VALIDITY: Within 10days
Purpose:
To ensure that searches are conducted legally, protecting individuals from unreasonable
searches and seizures, as required by law.