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The crime of unlawful arrest is punishable with arresto mayor or imprisonment of from one month and one day to six months, and a fine not exceeding P500.
1. The offender arrests or detains another person: 2. The purpose of the offender is to deliver him to the proper authorities: 3. The arrest or detention is not authorized by law or there is no reasonable ground therefor.
Unlike in the US, it is not actually illegal to resist arrest in the UK, although individuals can be prosecuted under Section 38 of the Offences against the Person Act 1861 if they engage in assault with intent to resist arrest, meaning behaving violently towards the officer during a bid to flee.
Likewise, the elements of the offense of unlawful arrest are present in this case, to wit: 1. The offender arrests or detains another person: 2. The purpose of the offender is to deliver him to the proper authorities: 3. The arrest or detention is not authorized by law or there is no reasonable ground therefor.
the person so authorised may, in order to effect the arrest, use such force as may in the circumstances be reasonably necessary to overcome the resistance or to prevent the person concerned from fleeing.
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A person may be arrested either on the strength of a warrant of arrest or when a police officer witnesses a person committing an offence or has probable cause to believe that a person was involved in the commission of a crime. When approached by a police officer, one should remain calm.
The essence of the crime of arbitrary detention is a public officers act of detaining a person without any lawful cause. In unlawful arrest, the crime is the act of arresting a person without a legal cause for the purpose of delivering the person arrested to proper authorities.
If the arrest is for the purpose of delivering the person arrested to the proper authorities, but it is done without any reasonable ground or any of the circumstances for a valid warrantless arrest, the arresting persons become liable for unlawful arrest under Article 269.
A person is taken into custody without having their rights read to them. A person being arrested due to discriminatory factors such as race, or a personal grudge or agenda held by police officers. An arrest being conducted without a suitable arrest warrant i.e. one that was falsely obtained.
To arrest you the police need reasonable grounds to suspect youre involved in a crime for which your arrest is necessary. The police have powers to arrest you anywhere and at any time, including on the street, at home or at work.

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