Custodial Investigation- if a person is already is suspeccted of a particular crime

- includes issuing an invitation

-requires miranda rights i.n., corresponding liabiity on the arresting officer RA
7438
- Police lineup-no, not a part of custodial investigation, not yet a suspect of a
particular crime
- right to a competent and independent counsel

Valid of Extra Judicial Admission(WAVE)

1. in writting in the presence of counsel
2. with assistance of independent and competent counsel
3. voluntary
4. express

prior lawful intrusion is not an element of an in flagrante delicto arrest

- if the arrest is legal - the search is also legal-evidence is admissible
- if the arrest is illegal- the search is also illegal- being a product of a fruit
of the poisonous tree - exclusionary principle applies
- arrest is legal- search is illegal - invalid application of plain view doctrine/
search incidental to a lawful arrest- inadmissible fruit of the poisonous tree

Hot Pursuit-the offender has juust committed an offense(period of immediacy between

the commission of the crime and the arrest of the person) - arresting officer has
personal knowledge of facts based on probable cause that the person to be arrested
has just committed a crime.

Escapee

Question the legality of the arrest before the arraignment - motion to quash

Application for bail shall not bar to raise the illegality of the arrest anytime
before arraignment

When the right to question the legality of the arrest was waived - the question of
admissibility of the evidence seized is not automatically waived

SEARCH AND SEIZURE

-there must be probable cause
-personal examination by the judge
-can only be served during daytime
- only personal property can be subject of a search warrant
-personal remains - yes - mobility not the capacity to be owned - can be
transported from to place
- scatter shot warrant- when the warrant is issued for more than one offense -
illegal - violative of the one specific offense rule