Search And Arrest Legality

Summary

The legality of a search and arrest in the Philippines hinges on reasonable suspicion and probable cause. If a guard suspects a crime, police must confirm the presence of a firearm before arresting an individual. If the firearm is licensed and the individual has a permit to carry, charges for illegal possession may not be valid, though the initial search could still be lawful if probable cause existed. Understanding these legal principles is crucial for navigating such situations.

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No
Under Philippine law, the search and arrest may be considered invalid due to the lack of probable cause. Here are some key points:
- Unreasonable Search: If the police did not confirm the presence of a firearm before arresting Edwin, the search may be deemed unreasonable.
- Illegal Arrest: Arrest without probable cause may be considered unlawful.
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Does conspiracy to commit treason. Can be committed intimes of peace or only on time of war.
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Conspiracy to commit treason can be committed both in times of peace and in times of war. The essential element is the agreement between two or more persons to commit the crime of treason.
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What article is this?
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The scenario you described involves the legality of a search and arrest based on reasonable suspicion and probable cause, as well as conspiracy to commit treason. The relevant articles in the Revised Penal Code of the Philippines are:
*. Article *: Delays in the delivery of detained persons to the proper judicial authorities.
*. Article *: Rebellion or insurrection.
*. Article *-A: Coup d'etat.
*. Article *: Conspiracy and proposal to commit coup d'etat, rebellion or insurrection.
*. Article *: Conspiracy to commit treason.
These articles address various aspects of unlawful arrest, conspiracy, and treason.
No only on article about conspiracy that i recently mentioned
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The specific article you are asking about regarding conspiracy to commit treason is:
- Article *: Conspiracy to commit treason.
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Thankyouu
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You're welcome! If you have any more questions or need further legal information, feel free to ask.
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Edwin goes to the store, the guard sees that there's something bulky in his hips, but the guard doesn't know if it is a gun or not, he immediately call the pulis then arrested the accused then charge for illegal possession of fireams. The question: Is the search and arrest valid according to law?
Case Rating: *
To determine the legality of the search and arrest, it's crucial to consider the principles of reasonable suspicion and probable cause under Philippine law. Here are some key points:
- Reasonable Suspicion: The guard must have a reasonable suspicion that a crime is being committed.
- Probable Cause: The police must have probable cause to believe that the individual is in possession of an illegal firearm.
Did the police confirm the presence of a firearm before arresting Edwin?
Edwin goes to the store, the guard sees that there's something bulky in his hips, but the guard doesn't know if it is a gun or not, he immediately call the pulis then arrested the accused, they saw theat edwin has a gun, then charge for illegal possession of fireams. The question: Is the search and arrest valid according to law?
Case Rating: *
The legality of the search and arrest depends on whether the police had probable cause to believe Edwin was committing a crime before arresting him. If the police confirmed the presence of the firearm before arresting him, the arrest may be valid. Otherwise, it may be considered unlawful.
Do you have any more details about whether the police confirmed the firearm's presence before the arrest?
Yes
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Since the police confirmed the presence of the firearm before arresting Edwin, the search and arrest may be considered valid under Philippine law.
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What if is the gun has license and it has the permit to carry is it the search and arrest valid?
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If Edwin has a valid license and permit to carry the firearm, the charge for illegal possession of firearms may not be valid. However, the initial search and arrest could still be lawful if the police had probable cause.
Would you like more details on handling such a situation legally?
Yes
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In situations where an individual is found with a firearm but has a valid license and permit to carry it, the charge for illegal possession may not hold. Here are some key points:
- Possession of License: Ensure the firearm license and permit are up-to-date and valid.
- Probable Cause: The police must have had probable cause for the initial search.
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