Constitution allows warrantless arrest, says Miriam

Senator Miriam Defensor Santiago, a former law professor and expert on constitutional law, said on Monday the Constitution allows warrantless arrests and warrantless searches and seizures. Santiago said under the Rules of Court, a police officer can make a warrantless arrest when the suspect is caught red-handed, when the police officer is in hot pursuit of the suspect, and when the person to be arrested is a prisoner who escaped from a penal prison. Santiago said a warrantless arrest is valid when, in the presence of a policeman, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. “An offense is committed in the presence of a police officer when the officer sees the offense, although at a distance; or hears the disturbance that it creates and proceeds at once to the scene," the senator said. Santiago said in the case of rebellion, the police are authorized to make a warrantless arrest at any time or place since rebellion is a continuing crime. Inciting to sedition is not a continuing crime and cannot be the subject of a warrantless arrest, Santiago said. “Under the rule on ‘hot pursuit’ arrest, the policeman should have personal knowledge that the suspect committed the crime," Santiago said. “The test is probable cause, which the Supreme Court has defined as ‘an actual belief or reasonable grounds of suspicion.’" “The policeman does not need to actually witness the execution or acts constituting the offense. But he must have direct knowledge, or view of the crime, right after its commission," the senator said. Santiago said if the warrantless arrest is legal, then a subsequent search and seizure is legal, provided there is probable cause. “To be valid, the search must have been conducted at about the time of the arrest or immediately after, and only at the place where the suspect was arrested, or the premises or surroundings under this immediate control," Santiago said. Santiago said any evidence obtained during an illegal search, even if it confirms initial suspicion of felonious activity, is considered absolutely inadmissible for any purpose in any proceeding. - GMANews.TV