Practice question
A suspect begins forcibly resisting before an officer executing a warrant has an opportunity to state the cause and existence of the warrant. The officer effects lawful custody and promptly delivers him to the nearest station. Is the failure to complete the announcement before restraint necessarily fatal?
- Yes, section 7 has no exceptions.
- No; section 7 recognizes resistance before the opportunity to inform as an exception, without dispensing with other arrest safeguards.
- Yes, resistance requires abandoning the warrant.
- No; resistance authorizes unlimited punishment.
- Yes, the officer must first secure a confession.
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 113 sections 2, 3 and 6–14: restraint, information, assistance, entry and access to counsel.
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