When Warrantless Arrest is Warranted

A warrant of arrest is a writ issued by the court signifying that the

person named therein is duly commanded by the court to submit his
person to the authority of the law to answer the charges against him. It
is a legal measure calculated to prevent abuse of authority of police
officers from taking into custody persons who are suspected of having
committed an offense.

There are, however, instances where the arrest may be made without
a court warrant, and such an arrest is still considered legal. There are
three situations where one can make a warrantless arrest. In those
instances, a private individual can arrest a criminal even without a
warrant. This is called citizens arrest. Warrantless arrest is allowed
under given occasions.

One instance when it may be allowed is when the person to be

arrested has committed, is actually committing, is attempting to
commit an offense in his presence. This is called flagrante delicto
arrest. If a police officer saw a person engaging in illegal gambling, the
latter need not apply for a warrant of arrest in court. He can
immediately arrest the offender pursuant to the “flagrante
delicto” principle. In a buy-bust operation, a police officer, who acted
as poseur buyer, can immediately arrest the pusher after the
consummation of the sale of drugs. The pusher is committing the crime
of illegal sale of dangerous drugs in the presence of the offending
officer.

Another instance is when a crime has just in fact been committed and
the arresting police officer or private individual has probable cause to
believe based on personal facts or circumstances that the person to be
arrested has committed it.

A warrantless arrest may also be done when a person to be arrested is

a prisoner who escaped from a penal establishment or place where he
is serving final judgment or temporarily confined while his case is
pending or has escaped while being transferred from one confinement
to another.

As thus discussed, police officers cannot arrogate unto themselves

unbridled power to place under their custody persons without the
benefit of a warrant of arrest, save those of the instances mentioned.
These instances will serve as guide when to implement arrest without
any warrant issued by a competent court.