Вы находитесь на странице: 1из 1

vasquws

. WHEN AN OFFENSE HAD JUST BEEN COMMITTED AND THERE IS PROBABLE CAUSE TO BELIEVE,
BASED ON HIS PERSONAL KNOWLEDGE OF FACTS OR OF OTHER CIRCUMSTANCES, THAT THE
PERSON TO BE ARRESTED HAS COMMITTED THE OFFENSE (Personal knowledge of facts based on
probable cause arrest)

Under this rule, two strict requirements must be complied with, namely:

(1) an offense had JUST been committed, and

(2) the PERSON MAKING THE ARREST has probable cause to believe, based on his PERSONAL
KNOWLEDGE of facts or of other circumstances, that the person to be arrested had committed it.

Hence, there must be a large measure of IMMEDIACY between the TIME the offense is committed and the
TIME of arrest, and if there was an appreciable lapse of time between the arrest and the commission of the
crime, a Warrant of Arrest must be secured (the first requirement). Aside from the sense of immediacy, it is also
MANDATORY that the person making the arrest has PERSONAL KNOWLEDGE of certain facts indicating that
the person to be taken into custody has committed the crime.

It has been held that personal knowledge of facts in arrests without a warrant must be based on probable
cause (which means an ACTUAL BELIEF or reasonable grounds of suspicion) Probable cause for an arrest
without awarrant is such reasonable ground of suspicion supported by circumstances sufficiently strong in
themselves to warrant a reasonable man in believing the accused to be guilty. Peace officers may pursue and
arrest without a warrant any person found in SUSPICIOUS places or under suspicious circumstances
reasonably tending to show that such person has committed, or is about to commit, any crime or breach of the
peace.

Вам также может понравиться