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Chapter V Arrest, Search and Seizure

What is arrest?
An arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense (Sec 1, Rule 113, ROC). A person is arrested for a specific and definite
purpose – to make him answer for the commission of an offense.
What constitutes arrest?
To make an arrest, a person need not be actually restrained. Under the ROC, a submission to the
custody of the mperson making the arrest already constitutes an arrest (Sec 2, Rule 113, ROC).
The term necessarily implies control over the person under custody and as a consequence, a
restraint on his liberty to the extent that he is not free to leave on his own volition.
What are the requisites for the issuance of a warrant of arrest?
Sec 2 of Article III (Bill of Rights) of the Constitution declares that: “…no search warrant or
warrant of arrest shall issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the person or things to be
seied”