To be sure the academicschairlesterjayalanefloresii

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Unformatted text preview: nstitutes searching questions? A: Examination by the investigating judge of the complainant and the latter’s witnesses in writing and under oath or affirmation, to determine whether there is a reasonable ground to believe that an offense has been committed and whether the accused is probably guilty thereof so that a warrant of arrest may be issued and he may be held liable for trial. 2. Warrantless Arrests Q: What are the instances of a valid warrantless arrest? A: 1. In flagrante delicto – The person to be arrested has either committed, is actually committing, or is about to commit an offense in the presence of the arresting officer Q: How is probable cause determined personally by the judge? A: SEARCH WARRANT It is not necessary that the judge should personally examine the complainant and his witnesses; the judge would simply personally review the initial determination of the prosecutor to see if it is supported by substantial evidence. The determination of probable cause depends to a large extent upon the finding or opinion of the judge who conducted the required examination of the applicant and the witnesses. He merely determines the probability, not the certainty of guilt of the accused and, in so doing, he need not conduct a new hearing. Q: What constitutes personal knowledge? A: 80 2. WARRANT OF ARREST The judge must personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them. The person to be arrested must execute an overt act indicating that he had just committed, is actually committing, or is attempting to commit a crime; and Such overt act is done in the presence or within the view of the arresting officer. Hot Pursuit – When an offense has in fact just been committed and the arresting officer has probable cause to believe, based on personal knowledge of the facts and circumstances indicating, that the person to be arrested has committed it 3. Escaped Prisoner or Detainee – When the person to be arrested is a prisoner who has escaped from a penal...
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