I.

Arrest
a. Without a warrant
i. KINDS Rule 113, Sec 5
1. In Flagrante Delicto
a. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
b. Comments

2. Hot Pursuit
a. 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;
3. Escapee
a. 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 is temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.
ii. Warrantless searches (AmmCPTW)
1. Incidental to a Valid Arrest
a. Valid Arrest
i. Arrest with a warrant
1. How is warrant validly obtained?
a. Warrant of Arrest
i. Prosecutor examines through Preliminary Investigation
ii. Judge (MTC) personally examine under oath the complaint and
his witnesses
iii. Judge (RTC) merely personally examine the Prosecutor’s
resolution and supporting evidence.
b. Search Warrant
i. Judge is expected to personally examine the applicant and his
witnesses, asking searching questions.
ii. Valid Warrantless Arrest (Rule 113, Sec 5)
1. In Flagrante Delicto
a.
b. In an attempt to do a crime, you must relate this to the RPC, wherein it
means you are doing an element of a crime.
2. Hot Pursuit
3. Escapee

2. Search of a moving motor vehicle

The vehicle’s inherent mobility reduces expectations of privacy.
3. Custom searches
4. Plainview Searches
a. Elements (People v Bolasa)
 i. Prior valid entry
ii. Evidence was inadvertently discovered
iii. The evidence must be immediately apparent
iv. Plainview justified the seizure, without further search
5. Terry Search (Stop and Frisk)
6. Waiver or consented search.
a. Right exists
b. He knows of that right
c. He has the undeniable intention to waive it.

b. With a warrant
II. Bail
a.
III. Search and Seizure
a.
IV. Preliminary Investigation
a.
V. Rights of the Accused
a.
VI. Prosecution of the Offense
a.