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you are here: > Canonum De Ius Positivum
> Article 291
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VII. Law |
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| 7.8 Force of Law | ||
| Article 291-Arrest | ||
| Canon 3183 | ||
| Arrest is the act of detaining a man or woman by lawful procedure on the presumption of probable cause for the purpose of the investigation of one or more alleged offences on the presumption that such actions are lawful. The detainment of a man or woman without probable cause is called kidnapping and a serious offence in itself. | ||
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| Canon 3184 | ||
| Arrests are normally performed by law officers, also known as "Policy Officials" or "Police Officers" under a General Warrant or Specific Warrant. However, any member of a society when they identify themselves as a servant of the peace amy lawfully effect an arrest. | ||
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| Canon 3185 | ||
| An Arrest is considered lawful or unlawful according to two key presumptions being the presumption of cause and the presumption of action (of arrest): | ||
| (i) The presumption of cause, or "probable cause" is the presumption based on a reasonable belief, supported by sufficiently strong physical or circumstantial evidence, that a man or woman has committed an indictable offence prior to contact with the law officer; and | ||
| (ii) The presumption of action is the presumption that the arresting officer has been granted the proper authority to detain and use necessary force against the man or woman in question. | ||
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| Canon 3186 | ||
| Lawful arrest procedure, also known as "lawful procedure" is when the law officer has performed six fundamental duties prior, during and after completing a lawful arrest: | ||
| (i) that the man, woman or person has been told they have been temporarily detained for the possible purpose of effecting a lawful arrest; and | ||
| (ii) that the man, woman or person has been requested to provide proof of identity and status, which they may freely decline to do; and | ||
| (iii) that the man, woman or person has been told on what basis of accusation, summons, warrant and/or charge they are being placed under arrest; and | ||
| (iv) that the man, woman or person is given the second opportunity to re-state their identity, status and explanation; and | ||
| (v) that the man, woman or person is formally told they have been placed under arrest and the likely charges they may face, including their rights concerning interview and that anything they say from that point onwards may be used against them in a court of law; and | ||
| (vi) that the arrested man, woman or person is given a third and final opportunity to explain themselves and the arresting officer has satisfied themselves on the perfection of presumption of cause and presumption of action. | ||
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| Canon 3187 | ||
| An accused is entitled to a lawful arrest. Failure to follow lawful arrest procedure means any such arrest is unlawful and any evidence gathered under such an unlawful arrest is inadmissible as evidence. | ||
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