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Psychology of Terrorism

ARREST
Definition
Arrest is the taking of
a person into custody
in order that he may
be bound to answer
for the commission of
an offense.
An arrest is made by an actual restraint
of a person to be arrested, or by his
submission to the custody of the person
making the arrest.

Duty of arresting officer. — It shall be the


duty of the officer executing the warrant
to arrest the accused and to deliver him
to the nearest police station or jail
without unnecessary delay
Execution of warrant. — The head of the
office to whom the warrant of arrest was
delivered for execution shall cause the
warrant to be executed within ten (10) days
from its receipt.
Within ten (10) days after the expiration of
the period, the officer to whom it was
assigned for execution shall make a report
to the judge who issued the warrant. In case
of his failure to execute the warrant, he shall
state the reasons therefor.
Arrest without warrant; when lawful. — A peace
officer or a private person may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit an
offense;
(b) 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
(c) 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.
In cases falling under paragraph (a) and (b)
above, the person arrested without a warrant
shall be forthwith delivered to the nearest police
station or jail and shall be proceeded against in
accordance with section 7 of Rule 112. (5a)
WHEN IS AN ARREST WITHOUT WARRANT
LAWFUL?
> A peace officer or private person may arrest
without warrant:
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 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.
4. In hot pursuit
Sec. 5. Arrest without warrant; when lawful. – A
peace officer or a private person may, without a
warrant, arrest a person:

(a) When, in his presence, the person to


be arrested has committed, is actually
committing, or is attempting to commit an
offense;

(b) 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
(c) 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.

In cases falling under paragraphs (a) and


(b) above, the person arrested without a
warrant shall be forthwith delivered to the
nearest police station or jail and shall be
proceeded against in accordance with section
7 of Rule 112.
Terrorists see themselves doing
something worthwhile with their lives;
If they participate in a suicide mission,
they see themselves as martyrs,
bringing honor to their families and
communities.
Terrorists on suicide missions firmly
believe that their death is for a just
cause and that the act provides a
ticket to another form of eternal life.
Majority of terrorists lack the early
developmental antisocial patterns
found in chronic violent criminal
offenders.
They are often young men in their teens
or twenties that came from stable,
religious families who may even support
their cause and their supreme sacrifice,
although some are outcasts from their
communities.
Becoming a Terrorist: The Process of
Radicalization

Radicalization is defined as an
individual’s indoctrination to fully
embrace a terrorist group’s goals.
Becoming a terrorist is a gradual
process usually involves many steps,
activities and commitments.
Search & Seizure Law
The 4th Amendment protects two fundamental liberty
interests: the right to privacy and the right to freedom
from arbitrary invasion.
A search occurs when a government employee or agent
violates a reasonable expectation of privacy. A seizure is
the interference with an individual’s possessory interest in
property. The property’s owner must have had a
reasonable expectation of privacy in the items seized. A
person is seized when law enforcement personnel use
physical force to restrain the person if a reasonable
person in a similar situation would not feel free to leave.
To sue regarding an alleged Fourth
Amendment violation, the plaintiff must have a
legitimate expectation of privacy at the
searched location. This expectation must meet
both the subjective and objective tests of
reasonableness. The subjective test requires the
plaintiff to genuinely expect privacy, and the
objective test requires that, given the
circumstances, a reasonable person in a similar
situation also would have expected privacy.
The Exclusionary Rule
Courts ordinarily suppress evidence obtained during an
unreasonable search or seizure. This rule, known as the
exclusionary rule, applies to both the investigatory and
accusatory stages of a criminal prosecution.
If evidence that falls within the scope of the
exclusionary rule led law enforcement to other
evidence, then the exclusionary rule also applies to this
related evidence.
If an officer relies, in good faith, on a defective warrant,
then a search made by the officer does not trigger the
exclusionary rule.
The Warrant Requirement

In order to avoid illegally searching or seizing


property, law enforcement officers typically
obtain warrants. They must show probable
cause, supported by oath or affirmation, and
describe in detail the place they will search and
the items they will seize. A judge may find
probable cause only by examining the totality of
the circumstances.
A knock-and-announce warrant requires
law enforcement officers to knock on the
door of a residence and announce their
identity before entering. In 2006, the
Supreme Court determined that law
enforcement’s failure to knock or
announce when in possession of a knock-
and-announce warrant does not
necessitate use of the exclusionary rule.
No-knock warrants allow officers to enter a
building without announcing their presence or
knocking on the door first. Courts reserve these
warrants for situations in which a building’s owner
or occupier could destroy the sought-after
evidence by the time officers wait for someone to
open the door.
An anticipatory warrant becomes valid after a
certain future condition occurs. Courts reserve
these types of warrants for situations in which
police have probable cause that, at some time,
evidence in a particular location will become
available.
END OF MY REPORT

GOD Bless Everyone…