RULE one hundred thirteen: ARREST
RULE one hundred thirteen: ARREST
I. Warranted Arrest (Sections one to four)
Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
How Made (Section two): It is made by an actual restraint of a person or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used.
Issuance of Warrant (Rule one hundred twelve, Section five): A judge personally evaluates the prosecutor's report and supporting documents to determine probable cause.
Duty of Officer (Section three): The officer must deliver the accused to the nearest police station or jail without unnecessary delay.
II. Warrantless Arrest (Section five)
II. Warrantless Arrest (Section five)
A peace officer or a private person (citizen's arrest) may, without a warrant, arrest a person only in the following instances:
One. In Flagrante Delicto: When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
Two. Hot Pursuit: 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.
Three. Escaped Prisoners: When the person is a prisoner who has escaped from a penal establishment or place of confinement.