Category Archives: Arrest

What is general procedure for dealing with a traffic violation?

Posted on March 7, 2015 by Erineus

Under R.A. 4136, or the Land Transportation and Traffic Code, the general procedure for dealing with a traffic violation is not the arrest of the offender, but the confiscation of the driver’s license of the latter: SECTION 29. Confiscation of … Continue reading →

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There being no valid arrest, the warrantless search that resulted from it was likewise illegal.

Posted on July 25, 2014 by Erineus

Second, there being no valid arrest, the warrantless search that resulted from it was likewise illegal.           The following are the instances when a warrantless search is allowed: (i) a warrantless search incidental to a lawful arrest; (ii) search of … Continue reading →

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Whether road side questioning falls under custodial interrogation, or can it be considered a formal arrest?

Posted on July 25, 2014 by Erineus

First, there was no valid arrest of petitioner. When he was flagged down for committing a traffic violation, he was not, ipso facto and solely for this reason, arrested. Arrest is the taking of a person into custody in order … Continue reading →

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“Arrest” defined

Posted on July 25, 2014 by Erineus

Arrest is the taking of a person into custody in order that he or she may be bound to answer for the commission of an offense.[10] It is effected by an actual restraint of the person to be arrested or … Continue reading →

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