Legal Question in Criminal Law in Philippines

hi sir.

Requesting some legal advice on this...

Say Last Feb 1 i rcvd a txt msg from a certain person stating that i could now pick up a letter from their office, on the same date, i replied ok, but unable to get it on Feb 1 nor on Feb 2, on Feb 3, i again rcvd the same txt msg & replied ok.

as i arrived to their office & as soon as the person handed me the document, i was immediately arrested by a police officer informing me that im in a possession of a falsified public document. no warrant of arrest was presented, no miranda rights was uttered & i was immediately handcuffed & brought to the police station.

can the police arrest me without a valid warrant of arrest considering that i was in their surveillance for the past 2 days?

what are the possible grounds in not reading to me the miranda rights but was indicated in their affidavits that it was read to me?

can the fruit of a poisonous tree be applied on this since it was their tipster/asset who initiate that i go to their office & get the falsified document?

Is this an entrapment or inducement?


Asked on 9/03/11, 7:26 am

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

This obviously an entrapment. The police cannot arrest you without a warrant of arrest. You case did not fall in any of the instances involving warrantless arrest. The fruit of the poisonous tree only applies to documents seized without a search warrant or on the occasion of the arrest.

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Answered on 10/10/11, 1:32 am


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