Course Code: CRI 169

Course Title: Fundamentals of Criminal Investigation and Intelligence

Student Activity Sheet #8

Name: _________________________________________________________________ Class number: _______

Section: ____________ Schedule: ________________________________________ Date: ________________

Lesson title: Arrest Materials: Ballpen, notebook, paper

Lesson Objectives: References:

At the end of this module, you will be able to: Hademar Joey, M. Noegosa, Gerry J.
1. differentiate arrest with warrant and warrantless arrest. Cańo. (2019). Fundamentals of
2. explain the rules in making an arrest. Criminal Investigation. Rex Book
Store
1.

Productivity Tip: Remove items from your desk or study area that may distract you such as your phone.

A. LESSON PREVIEW/REVIEW
Introduction (2 mins)

Hello everyone…. good morning. In the previous lesson you learned the topic regarding the
phases of criminal investigation such as identification of perpetrator, locate their whereabouts and provide
evidence for their conviction. You learned that in order to be successful in a certain investigation of a case
you have to take these stages or phases of investigation. At this point, let’s proceed to another topic
entitled “Arrest”. As a police or law enforcer, you must have the knowledge of arrest especially if there are
instances a person is attempting to commit or actually committing an offense in front of you. If you know
how to apply for a warrantless arrest, then you can arrest the suspect. Be sure that at the end of this
module you can differentiate warrant of arrest and warrantless arrest and you explain the rules in making
arrest.

B. MAIN LESSON
Content and Skill Building

Arrest - is referred to as taking a person suspected to

have committed an act to which the law defines it as a crime into
the custody of any law enforcement agencies who has the authority
to do so in order to answer queries in line with the matters concerning
the commission of a crime.

Legally, the Rules of Court (Section 1, Rule 13) define arrest as

the taking of a person into the custody of law in order that he may be
bound to answer for the commission of an offense.

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 Course Code: CRI 169
Course Title: Fundamentals of Criminal Investigation and Intelligence
Student Activity Sheet #8

Name: _________________________________________________________________ Class number: _______

Section: ____________ Schedule: ________________________________________ Date: ________________

Warrant of Arrest - is a document from court ordering and directing any law enforcer to apprehend
and detain any person whose name will appear in the warrant for him to answer matters regarding the
commission of a crime. Any person suspected to have committed a crime can only be lawfully arrested
after securing a warrant.
However, a person can also be lawfully arrested by virtue of warrantless arrest.
Warrantless Arrest is defined as an arrest made by any law enforcement without the benefit of a warrant.

Arrest without a warrant is possible, provided that either of the following circumstances is present.
1. That the person to be arrested is about to commit, actually committing, or have just committed an act
to which the law define it as a crime in the presence of the person who will make the arrest (in
flagrante Delicto)
2. That the person to be arrested has committed an act to which the law defines it as a crime and the
person making the arrest has probable cause that the same person is probably guilty of a crime.
Probable cause simply means as a reasonable basis to establish a well-founded belief that the
person may have committed an act to which the law define it as a crime (Hot Pursuit); and
3. That the person to be arrested is one who escape from penal confinement (Escapee)

Furthermore, inquest proceedings will be done if the person was arrested without the benefit of the
warrant. This is conducted to ensure that the arrest made is legal and in accordance with the law.
Inquest is defined as the informal and summary investigation conducted by a public prosecutor in
a criminal case involving persons arrested without the benefit of a warrant to determine if the person so
arrested should remain under custody and be charged accordingly.

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 Course Code: CRI 169
Course Title: Fundamentals of Criminal Investigation and Intelligence
Student Activity Sheet #8

Name: _________________________________________________________________ Class number: _______

Section: ____________ Schedule: ________________________________________ Date: ________________

Rules in Making Arrest

In making arrest, the Rules of Court provides the following guidelines such as that:
1. It should be made by an actual restraint of a person to be arrest; or
2. By submission of the person to be arrested to the custody of any person making the arrest.

It must be noted that in the event of arresting the suspect allegedly to have committed a crime, the
person making the arrest should observed:
1. Not use any unnecessary force; and
2. Use only the force necessary to arrest the person.
Any form of violence is not allowed also since it may cause the physical evidence to be incompetent and
therefore, inadmissible as violence during a court presentation.

Execution of Warrant

After warrant has been issued by the honorable court, any law enforcer directed to cause its
executor shall exhaust all the remedies to arrest the person who name appears in the warrant
Execution of Warrant means carrying out the duty to find the person whose name was written in
the warrant and cause his arrest and detention.

In execution of warrant, the following should be observed:

1. Warrants can be executed either day and night.
2. The person making the arrest shall inform the person to be arrested that the warrant has been issued
for his arrest; and,
3. It must be executed within 10 days from the moment it was received.

However, the person making the arrest shall proceed with arrest of he person even without
informing him of the cause of arrest or that a warrant was issued for him to be arrested provided that either
of the following is present:
1. The person flees;
2. The person forcibly resist; and
3. It will hamper successful arrest of the person.

However, if the the person whose name appear in the warrant cannot be located or traced within
ten (10) working days upon its receipt, the law enforcer task to execute the warrant shall make a report to
the judge who issue the same explaining the reasons for the failure to arrest the person within the time
given by the court.

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 Course Code: CRI 169
Course Title: Fundamentals of Criminal Investigation and Intelligence
Student Activity Sheet #8

Name: _________________________________________________________________ Class number: _______

Section: ____________ Schedule: ________________________________________ Date: ________________

Skill-building Activities
This is a self-assessment and you have to answer the questions honestly.

1. If you are an arresting officer executing a warrant, what would you observe?

2. Give the difference between warrant of arrest and warrantless arrest

Check for Understanding

This is a self-assessment; you have to answer these questions honestly. Multiple Choice

1. An arrest made by the law enforcer without warrant.

a. Warrant c. Arrest
b. Warrant of Arrest d. Warrantless Arrest

2. The taking of a person into the custody of law in order that he may be bound to answer for the
commission of a crime.
a. Warrant c. Arrest
b. Warrant of Arrest d. Warrantless Arrest

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 Course Code: CRI 169
Course Title: Fundamentals of Criminal Investigation and Intelligence
Student Activity Sheet #8

Name: _________________________________________________________________ Class number: _______

Section: ____________ Schedule: ________________________________________ Date: ________________

3. A document from court directing a law enforcer to apprehend or detain any person whose name
appears in the warrant for him to answer matters regarding the commission of a crime.
a. Warrant c. Arrest
b. Warrant of Arrest d. Warrantless Arrest

4. The carrying out the duty to find the person whose name was written in the warrant and cause his
arrest and detention.
a. Warrant of arrest c. Execution of Warrant
b. Arrest Warrant d. Warrant

5. A warrant of arrest can be executed during

a. Day time only c. night time only
b. day and night time d. none of these

6. Johnny, an arresting officer arrest Jethro for a crime of rape. Jethro is a big man with 6 feet height
while officer Johnny is only 5 feet and 4 inches tall and very thin. Therefore, officer Johnny used force
for him to arrest Jethro. In the case of Officer Johnny,is he allowed to use force to arrest Jethro?
a. Yes c. No
b. both can be applied d. no answer

7. How many days a warrant of arrest can be executed?

a. Within 9 days c. within 8 days
b. within 11 days d. within 10 days

8. Can a person making an arrest proceed with the arrest without informing him of the cause of the
arrest?
a. No, because it a rule to inform the cause
b. Yes, because the person forcibly resist
c. No, because it will not hamper successful arrest
d. None of these

9. If a person is arrested because he has committed, is actually committing or is attempting to commit a

crime in the presence of the arresting officer, it is authorized warrantless arrest called as?
A. In flagrante delicto arrest C.Hot pursuit arrest
B. Arrest of Escapee D. none of the choices
10. Informal and summary investigation conducted by public prosecutor in a criminal case involving
persons arrested without the benefit of a warrant to determine if the person so arrested
should remain under custody and be charged accordingly.
A. Interview C. Investigation
B. Interrogation D. Inquest

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 Course Code: CRI 169
Course Title: Fundamentals of Criminal Investigation and Intelligence
Student Activity Sheet #8

Name: _________________________________________________________________ Class number: _______

Section: ____________ Schedule: ________________________________________ Date: ________________

C. LESSON WRAP-UP

Summary

Arrest - is referred to as taking a person suspected to have committed an act to which the law defines it
as a crime into the custody of any law enforcement agencies who has the authority
to do so in order to answer queries in line with the matters concerning the commission of a crime.
Legally, the Rules of Court (Section 1, Rule 13) define arrest as the taking of a person into the custody
of law in order that he may be bound to answer for the commission of an offense.

A person can be arrested by virtue of a warrant of arrest or warrantless arrest.

Warrant of Arrest - is a document from court ordering and directing any law enforcer to apprehend and
detain any person whose name will appear in the warrant for him to answer matters regarding the
commission of a crime. Any person suspected to have committed a crime can only be lawfully arrested
after securing a warrant.
Warrantless Arrest is an arrest made by any law enforcer without the benefit of a warrant.
Furthermore, inquest proceedings will be done if the person was arrested without the benefit of the
warrant. Inquest is an informal and summary investigation conducted by a public prosecutor in a criminal
case involving persons arrested without the benefit of a warrant to determine if the person so arrested
should remain under custody and be charged accordingly.

F A Qs Frequently Asked Questions

Q1. What is the purpose of the inquest proceeding?
Answer: Inquest proceeding is conducted if the person is arrested without the benefit of a warrant. This is
conducted by a public prosecutor to determine and ensure that the arrest made was legal and in
accordance with the law that the person arrested will remain under custody and be charged accordingly.

Q2. If Pedro, an escapee in BJMP, is roaming around the city and it so happens that there is a
police officer assigned in the area and without the knowledge of Pedro he was recognized by the
police. Can the police arrest him even without the warrant of arrest?
Answer: Yes, the police can arrest him without warrant because it is stipulated in Section 5a, Rule 113
(Warrantless Arrest) of Criminal Procedure, when the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is serving final judgement or is temporary confined
while his case is pending or being transferred from one confinement to another.

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 Course Code: CRI 169
Course Title: Fundamentals of Criminal Investigation and Intelligence
Student Activity Sheet #8

Name: _________________________________________________________________ Class number: _______

Section: ____________ Schedule: ________________________________________ Date: ________________

Thinking about Learning

Mark the place in the work tracker which is simply a visual to help students track how much work they
have accomplished and how much work there is left to do.

Before ending this session, let us see how you progress in this activity

What part of the lesson is difficult for you?

What strategy worked for you for finishing

this activity?

KEY TO CORRECTIONS

1. If you are an arresting officer executing a warrant, what would you observe?
Suggested Answer
If I am the arresting officer I will observe the following in executing a warrant:
arrest the suspect during day or night
inform the person to be arrested that the warrant has been issued for his arrest
execute the warrant within 10 days from the moment I received it.

2. Give the difference between warrant of arrest and warrantless arrest

Suggested Answer.

Warrant of Arrest is a document from court directing a law enforcer to apprehend and detain any
person whose name appears in the warrant for him to answer matters regarding the commission of
a crime while warrantless arrest is an arrest made by the law enforcer without the benefit of a
warrant. Like, in flagrante delicto, hot pursuit, and an escapee who escaped from penal
establishment.

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 Course Code: CRI 169
Course Title: Fundamentals of Criminal Investigation and Intelligence
Student Activity Sheet #8

Name: _________________________________________________________________ Class number: _______

Section: ____________ Schedule: ________________________________________ Date: ________________

Check for Understanding

1. An arrest made by the law enforcer without warrant.

a. Warrant c. Arrest
b. Warrant of Arrest d. Warrantless Arrest

2. The taking of a person into the custody of law in order that he may be bound to answer for the
commission of a crime.
a. Warrant c. Arrest
b. Warrant of Arrest d. Warrantless Arrest

3. A document from court directing a law enforcer to apprehend or detain any person whose name
appears in the warrant for him to answer matters regarding the commission of a crime.
a. Warrant c. Arrest
b. Warrant of Arrest d. Warrantless Arrest

4. The carrying out the duty to find the person whose name was written in the warrant and cause his arrest
and detention.
a. Warrant of arrest c. Execution of Warrant
b. Arrest Warrant d. Warrant

5. A warrant of arrest can be executed during

a. Day time only c. night time only
b. day and night time d. none of these

6. Johnny, an arresting officer arrest Jethro for a crime of rape. Jethro is a big man with 6 feet height
while officer Johnny is only 5 feet and 4 inches tall and very thin. Therefore, officer Johnny used force for
him to arrest Jethro. In the case of Officer Johnny,is he allowed to use force to arrest Jethro?
a. Yes c. No
b. both can be applied d. no answer
7. How many days a warrant of arrest can be executed?
a. Within 9 days c. within 8 days
b. within 11 days d. within 10 days

8. Can a person making an arrest proceed with the arrest without informing him of the cause of the
arrest?
a. No, because it a rule to inform the cause
b. Yes, because the person forcibly resist
c. No, because it will not hamper successful arrest
d. None of these

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 Course Code: CRI 169
Course Title: Fundamentals of Criminal Investigation and Intelligence
Student Activity Sheet #8

Name: _________________________________________________________________ Class number: _______

Section: ____________ Schedule: ________________________________________ Date: ________________

9. If a person is arrested because he has committed, is actually committing or is attempting to commit a

crime in the presence of the arresting officer, it is authorized warrantless arrest called as?
A. In flagrante delicto arrest C.Hot pursuit arrest
B. Arrest of Escapee D. none of the choices

10. Informal and summary investigation conducted by public prosecutor in a criminal case involving
persons arrested without the benefit of a warrant to determine if the person so arrested
should remain under custody and be charged accordingly.
A. Interview C. Investigation
B. Interrogation D. Inquest

TEACHER-LED ACTIVITIES
In-classroom learning session:
1) Collect completed work in the SAS.
2) Allocate your contact time with students to individual or small group mentoring, monitoring, and
student consultations.
3) You may administer summative assessments (quizzes, demonstrations, graded recitation,
presentations, performance tasks) during face-to-face sessions.
4) You may also explore supplementary activities that foster collaboration, provided that social
distancing is observed.
5) You may provide supplementary content via videos, etc.

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