Under Section 5 Rule 113, what constitutes 'just committed' and 'personal knowledge'?

Prepare for the Bar Remedial Law Exam with our comprehensive study resources. Practice with targeted questions, detailed explanations, and exam simulations to improve your understanding and confidence. Ace your Bar Exam!

Multiple Choice

Under Section 5 Rule 113, what constitutes 'just committed' and 'personal knowledge'?

Explanation:
Under Section 5, Rule 113, a peace officer may arrest without a warrant when the offense has just been committed and the offender is present, or when the officer has personal knowledge that the offense has just been committed. “Just committed” means the crime has just occurred and the arrest should be made promptly, i.e., an immediate or near-immediate arrest rather than a delayed one. “Personal knowledge” means knowledge the officer actually has through his own senses at the scene—what he observed—not information obtained from informants, reports, or bulletins. Information from sources other than the officer’s own observation does not count as personal knowledge for purposes of an arrest without a warrant.

Under Section 5, Rule 113, a peace officer may arrest without a warrant when the offense has just been committed and the offender is present, or when the officer has personal knowledge that the offense has just been committed. “Just committed” means the crime has just occurred and the arrest should be made promptly, i.e., an immediate or near-immediate arrest rather than a delayed one. “Personal knowledge” means knowledge the officer actually has through his own senses at the scene—what he observed—not information obtained from informants, reports, or bulletins. Information from sources other than the officer’s own observation does not count as personal knowledge for purposes of an arrest without a warrant.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy