(Total 10%)
(a) On his way home, a member of the Caloocan City police force witnesses a bus robbery in Pasay City and effects the arrest of the suspect. Can he bring the suspect to Caloocan City for booking since that is where his station is? Explain briefly. (5%)
(b) In the course of serving a search warrant, the police finds an unlicensed firearm. Can the police take the firearm even if it is not covered by the search warrant?
If the warrant is subsequently quashed, is the police required to return the firearm? Explain briefly. (5%)
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Keywords
- demurrer (1)
- foreign judgment (1)
- hearsay (1)
- mandamus (1)
- pendency (1)
2 comments:
VI.
a.
No. The rule is that a person lawfully arrested without a warrant shall be forthwith delivered to the nearest police station where the necessary proceedings shall be conducted.
b.
The police can take the unlicensed firearm even if it is not covered by the search warrant but it cannot be used as evidence for the crime indicated in the warrant.
If the warrant id subsequently quashed, the police is not required to return the firearm because the possession thereof by the owner is illegal.
b) The police can take the unlicensed firearm and charge the offender with illegal possession of firearm. Such siezure is not contrary to law as it is an incident to a lawful arrest.
If the warrant is subsequently quashed, the police is under no obligation to return the firearm as it is a contraband being unlicensed, hence may be siezed by the State.
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