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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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A warrant of arrest is issued by a Municipal Trial Court for Atty. Ramon Santos for murder. A private security guard at a mall sees Santos leave the mall premises and calls the police. Police Officers arrive, identify themselves as peace officers, and display the warrant. They arrest Santos on the spot and escort him to the station. They do not read the grounds for the arrest to Santos, nor do they ask him whether he understands the grounds. They do not read him his rights or inform him of his constitutional remedies. They do not present a copy of the warrant to Santos or to his lawyer at the time of arrest. (a) Identify the controlling rule on How a warranted arrest must be made under Rule 113 and explain the required steps for a valid execution. (b) Apply that rule to Santos’s arrest in the facts and determine whether it complies. (c) If it does not comply, state the remedies available and the likely impact on the admissibility of evidence obtained as a result.

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Clara

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