SECTION III-B Set A

USST Colleges Department of Criminology Criminal Procedure III-B st 1 Semester, A.Y. 2013-2014 QUIZ NO.3 19 SEPTEMBER 2013 [SET A] Score: Part I - _________ Part II - _________ Part III - _________ Part IV - _________ Part V - _________ TOTAL: _________

)BY SIGNING YOUR NAME BELOW, YOU ATTEST THAT YOU WILL NOT CHEAT NOR AID YOUR CLASSMATE IN CHEATING ON THIS EXAM, AND THAT YOU UNDERSTAND THAT IF YOU ARE FOUND DOING SO, YOU MAY BE SUSPENDED OR EXPELLED FROM USST COLLEGES. NAME OF STUDENT: _________________________________________ SIGNATURE: _________________________________________

Part I. TRUE OR FALSE (15 points) . Write TRUE if the statement is true and FALSE if the statement is false. ______ 1.) Searches may be made on any day and at any time of the day or night. ______ 2.) Only private persons are allowed to arrest a person without a warrant. ______ 3.) It is always an illegal arrest if the arrest was made outside the date of the validity of the arrest warrant. ______ 4.) A search warrant, like an arrest warrant, is in the name of the offended party. ______ 5.) The things which may be seized involve both real and personal property. _______6.) An application for search warrant may be filed in the Supreme Court. _______7.) An arrest warrant is valid only for ten (10) days after which it shall become void. _______8.) Only necessary force or violence shall be used in making an arrest. _______9.) A search warrant is an accusation in writing subscribed by the offended party, any peace officer or other public officer and directed to a police officer, commanding him to search for personal property described therein and bring it before the court. _______10.) An officer armed with a search warrant may always barge in the door of a house to execute his search and seizure operation because it is his duty. _______11.) To be valid, a warrantless search must always precede an arrest. _______12.) An officer making a lawful arrest may not orally summon persons to assist him in effecting the arrest. _______13.) A search warrant has no expiration. It may be executed through an alias warrant.

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_______14.) A person lawfully arrested may not be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant. _______15.) When making an arrest, the arresting officer need not have the arrest warrant with him/her at all times. PART II. MULTIPLE CHOICE (1 point each) Complete the provisions by filling in the blanks with the correct answer. Write only the letter of your answer in the blank provided. A search warrant shall be valid for it shall be (2) . (1) days from its date. Thereafter,

_______ 1.) A search warrant shall be valid for _____ days. a.) b.) c.) d.) e.) thirty fifteen ten five None of the above

_______ 2.) Thereafter, it shall be _______. a.) b.) c.) d.) e.) valid until revoked. void avoided voidable None of the above

An arrest is made by an actual (3) of a person to be arrested, or by his (4) to the custody of the person making the arrest. _______ 3.) An arrest is made by an actual _________ of a person to be arrested a.) b.) c.) d.) e.) restraint taking abduction All of the above None of the above

_______ 4.) or by his ______ to the custody of the person making the arrest. a.) b.) c.) d.) e.) submission surrender giving up All of the above. None of the above.

_______ 5.) When making an arrest with a warrant, the officer shall inform the person to be arrested of: a.) b.) c.) d.) e.) the cause of the arrest the fact that a warrant has been issued for his arrest. A only both A and B None of the above.

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_______ 6.) _____ days after issuance of the search warrant, the issuing judge shall

ascertain if the return has been made, and if none, shall summon the person to whom the warrant was issued and require him to explain why no return was made.
a.) b.) c.) d.) e.) thirty (30) days forty-to-sixty (40-60) days ten (10) days All of the above None of the above

_______ 7.) In a preliminary investigation, the respondent is not allowed to file: a.) b.) c.) d.) e.) a counter-affidavit a motion to dismiss a rejoinder-affidavit all of the above None of the above

If a person lawfully arrested escapes or is rescued, (8) may immediately pursue or retake him without a warrant at any time and in any place (9) . ________ 8.) If a person lawfully arrested escapes or is rescued, __________ a.) b.) c.) d.) e.) any person only peace officers any juridical person all of the above None of the above

________ 9.) may immediately pursue or retake him without a warrant at any time and in any place ______________: a.) b.) c.) d.) e.) within Luzon within Visayas at anytime within Mindanao None of the above

_______ 10.) An officer making a lawful arrest may orally summon __________ to assist him in effecting the arrest. a.) b.) c.) d.) e.) ten persons fifteen persons as many persons as he deems necessary All of the above None of the above

PART III. FILL IN THE BLANKS (1 point each). Fill the proper word or phrase

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in the space provided to complete the wording of the provision. Rule 126 Section 3: A search warrant may be issued for the search and seizure of _____________ property: a. ____________ of the offense; b. ___________, embezzled and other proceeds, or __________________; or c. Used or ___________________ as the means of committing an offense. PART IV. FIND THE MISTAKES AND CORRECT THEM (1 point each). Find the wrong words scattered throughout the provision and cross them out (x). Write the correct word above the x. Rule 110 Section 5: A peace officer or a public person may, without a warrant, subdue a person: (a) When, in his opinion, the person to be arrested has commitment, is actually committing, or is attempting to commit an offense; (b) When an offense has just been committed, and he has probative cause to believe based on secondary knowledge of facts or circumstances that the person to be arrested has committed it; and (c) When the person to be abducted is a rebel who has escaped from a penal establishment or place where he is serving final judgment or is permanently confined while his case is impending, or has escaped while being transferred from one confinement to another. Part V. ESSAY (10 points) 1. Define a search warrant (5 points) 2. Define an arrest (5 points)