Practice question
Does calling a police command an invitation necessarily prevent it from constituting arrest?
- Yes, the word invitation defeats all restraint.
- Yes, labels always override coercive circumstances.
- No; actual restraint or submission to custody matters.
- Yes, custody exists only after conviction.
- Yes, an officer may avoid arrest rules by changing vocabulary.
Legal references
- Rules of Court, Rule 113, Sections 2-9, and Rule 114, Section 26, as relevant: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Pestilos v. Generoso, G.R. No. 182601, November 10, 2014, MAIN decision (not separate opinion), facts gathered promptly after assault and hot-pursuit arrest: https://lawphil.net/judjuris/juri2014/nov2014/gr_182601_2014.html
Answer this question in flashcards to review your response and continue practicing.