Essay On Validity Of Arrest
Validity Of Arrest In order for an arrest to be valid there are two things to be considered: (1) The authority of the arresting officer which is determined by law; and
(2) The presence of probable cause. Under the law, probable cause means “actual belief or reasonable ground of suspicion” . It is generally, determined prior to the issuance of a warrant of arrest. A warrant of arrest is applied by a law enforcer from the court issued after the determination of probable cause by the judge after examining the records of preliminary investigation conducted by an investigation prosecutor pursuant to Article 112 of the Rules of Court. Under the law, “the determination of probable cause is the function of a judge and he must not rely on the …show more content…
when the person t be arrested is a prisoner who has escaped from a penal establishment or a place where he is serving final judgment.
If the arrest was affected without absent a warrant of arrest without the presence of the conditions stated by law for a valid warrantless arrest it can be characterized us unlawful and therefore it may cause the police officer affecting the arrest to be liable under the law for Arbitrary Detention, Illegal detention, or Unlawful Arrest. Arbitrary detention happens when a public officer or employee shall detain a person without just or legal grounds. In this case, the principal offender is always a public officer who has a duty which carries with it the authority to detain a person. On the other hand, Unlawful Arrest the principal offender maybe any person and the purpose of the arrest is o accuse the offended party of a crime he did not commit or to deliver him to the proper authorities, and to file the necessary charges, in order to incriminate him. Lastly, the crime of Illegal Detention, is committed by a private person who detains a person without just and legal grounds or a legal ground exists but the arrest was made without a warrant, and the public officer does not deliver the arrested person to proper judicial authorities within a period of 12, 18, or 26 hours as the case maybe; or the delaying of a release by competent authority within the previously cied
(2) The presence of probable cause. Under the law, probable cause means “actual belief or reasonable ground of suspicion” . It is generally, determined prior to the issuance of a warrant of arrest. A warrant of arrest is applied by a law enforcer from the court issued after the determination of probable cause by the judge after examining the records of preliminary investigation conducted by an investigation prosecutor pursuant to Article 112 of the Rules of Court. Under the law, “the determination of probable cause is the function of a judge and he must not rely on the …show more content…
when the person t be arrested is a prisoner who has escaped from a penal establishment or a place where he is serving final judgment.
If the arrest was affected without absent a warrant of arrest without the presence of the conditions stated by law for a valid warrantless arrest it can be characterized us unlawful and therefore it may cause the police officer affecting the arrest to be liable under the law for Arbitrary Detention, Illegal detention, or Unlawful Arrest. Arbitrary detention happens when a public officer or employee shall detain a person without just or legal grounds. In this case, the principal offender is always a public officer who has a duty which carries with it the authority to detain a person. On the other hand, Unlawful Arrest the principal offender maybe any person and the purpose of the arrest is o accuse the offended party of a crime he did not commit or to deliver him to the proper authorities, and to file the necessary charges, in order to incriminate him. Lastly, the crime of Illegal Detention, is committed by a private person who detains a person without just and legal grounds or a legal ground exists but the arrest was made without a warrant, and the public officer does not deliver the arrested person to proper judicial authorities within a period of 12, 18, or 26 hours as the case maybe; or the delaying of a release by competent authority within the previously cied