This case has been cited 2 times or more.
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2014-11-19 |
MENDOZA, J. |
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| Here, the search preceded the arrest of Sanchez. There was no arrest prior to the conduct of the search. Arrest is defined under Section 1, Rule 113 of the Rules of Court as the taking of a person into custody that he may be bound to answer for the commission of an offense. Under Section 2, of the same rule, an arrest is effected by an actual restraint of the person to be arrested or by his voluntary submission to the custody of the person making the arrest.[26] | |||||
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2012-02-29 |
SERENO, J. |
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| Arrest is the taking of a person into custody in order that he or she may be bound to answer for the commission of an offense.[10] It is effected by an actual restraint of the person to be arrested or by that person's voluntary submission to the custody of the one making the arrest. Neither the application of actual force, manual touching of the body, or physical restraint, nor a formal declaration of arrest, is required. It is enough that there be an intention on the part of one of the parties to arrest the other, and that there be an intent on the part of the other to submit, under the belief and impression that submission is necessary.[11] | |||||