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3. Detention, Arrest
1. What are the 3 ways of committing arbitrary detention?
Explain each. 2.5%
2. What are the legal grounds for detention? 2.5%
3. When is an arrest by a peace officer or by a private person considered lawful? Explain. 5%
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said...
III.
1.
The three ways of committing arbitrary detention are as follows:
a. When a public officer detains a person without legal ground;
b. When a public officer fails to deliver detained persons to the proper judicial authorities within the period prescribed by law;
c. When a public officer fails to perform any judicial or executive order for the release of a prisoner within the period prescribed by law.
2.
The legal grounds for detentions are as follows:
a. Commission of a crime; b. Violent insanity or other ailments requiring compulsory confinement of the patient in a hospital.
3.
An arrest by a peace officer or a private person is considered lawful in the following instances:
a. When a peace officer arrests a person by virtue of a warrant;
b. Even without a warrant, a peace officer or a private person may arrest a person as follows:
1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
2. When an offense has just 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; and
3. When the person to be arrested is a prisoner or detention prisoner who has escaped from the place where he is confined, or has escaped while being transferred from one confinement to another.
1 comment:
III.
1.
The three ways of committing arbitrary detention are as follows:
a. When a public officer detains a person without legal ground;
b. When a public officer fails to deliver detained persons to the proper judicial authorities within the period prescribed by law;
c. When a public officer fails to perform any judicial or executive order for the release of a prisoner within the period prescribed by law.
2.
The legal grounds for detentions are as follows:
a. Commission of a crime;
b. Violent insanity or other ailments requiring compulsory confinement of the patient in a hospital.
3.
An arrest by a peace officer or a private person is considered lawful in the following instances:
a. When a peace officer arrests a person by virtue of a warrant;
b. Even without a warrant, a peace officer or a private person may arrest a person as follows:
1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
2. When an offense has just 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; and
3. When the person to be arrested is a prisoner or detention prisoner who has escaped from the place where he is confined, or has escaped while being transferred from one confinement to another.
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