Prescription Period:
Search Warrant – 10 days
Warrant of Arrest – 10 days
Doctrine of Presumption of Innocence Until Proven Guilty
Lawful Warrantless Arrest
Even without a warrant of arrest, a peace officer can still arrest the accused if the following
conditions are met:
(a) When a person is in hot pursuit;
(b) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
(c) When an offense has in fact just been committed, and he has personal knowledge of facts indicating
that the person to be arrested has committed it; and
(d) When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another.
1. Caught in the Act – Plainview Doctrine
Checkpoints – without search warrant.
- Valid in some instances.
2. When search is an incident to a valid arrest.
- Maybe used as a proof of commission of an offense without a warrant of arrest.
- Within the area and time of arrest
3.
RIGHT TO BEAR ARMS – STATUTORY NOT CONSTITUTIONAL
Section 12 – MIRANDA RIGHTS/DOCTRINE