Terror at Gateway

[Horsepower]

autobeat, here you go:

[Autobeat]

autobeat, here you go:

Many thanks, Horsepower!

Exposed nga yung firearm ni Sullivan, and napaka hot tempered for a such a small inconvenience.

[SaberRider]

Sa Scout circle lang yan ah! Kailang nangyari yan, walang audio sa pc ko. Nako, matapang lang dahil nakasukbit sa pwet niya yung Armscor niya. Sana naka tyempo ko siya nung araw na yan. Sayang talaga.

[CVT]

Ang dapat sa kanya,- pumutok ang baril niya kung saan ito nakasukbit.....

8202:sampay:

[afrasay]

If di pede mag arrest or detain ang security guard eto panu pag may nahuli sila shoplifter. diba arrest and detain nila yun.

[falken]

Caught in tha act pala eh, they should sue the s.o.b., dapat diyan ipakuilong para matauhan.

[SaberRider]

If di pede mag arrest or detain ang security guard eto panu pag may nahuli sila shoplifter. diba arrest and detain nila yun.

Kaya nga if you're into law enforcement pero you don't know the protocols eh wala kang karapatan mang arresto. Mag detain pwede. Marami nang mga victims ang nag file ng counter lawsuit for wrongful arrest lalo na sa mga security agencies or sa mga personnel nila. Kaya nga tanong ko, have you EVER heard a security reading to the suspect/s his/her rights? Wala diba? Do you guys know na basta nakalimutan mo basahin ang rights ng "suspects" eh dehado na kayo sa kaso as "law enforcers."

[LexTer]

A security guard doesn't have the authority to arrest anyone. Maski nga lang pag detain eh conditional pa unless talaga grave yung crime na ginawa ng culprit.

naguluhan ako. paanong hindi pwede? pano mo sir ipapaliwanag yung mga nahuhuling magnanakaw? as long na jurisdiction nila yun e may power sila. kung civilian nga pwede umaresto. sekyu pa?

pwede nila i hold/detain yun hangang dumating ang mga ipinatawag na pulis.

pinaguusapan lang natin yung case nung sekyu sa gateway ha.

[SaberRider]

If di pede mag arrest or detain ang security guard eto panu pag may nahuli sila shoplifter. diba arrest and detain nila yun.

They can't arrest the suspect pero they can detain him. Relative po kasi ang pag detain. Eto example in real life.... a few years back me, my bro and his friend were handing out flyers sa isang village then someone vandalized one of the homes nearby. Tinuro agad ng owner ng house yung friend ng bro ko sabay salubong ng bugbog ang ginawa ng homeowner pati ng mga kasama nilang security guard. I was about ready to draw out my gun but asked first kung ano ang nangyari? Sagot ng homeowner pati ng security guard that they saw my bro's friend throw a rock at that said homeowner's vehicles and my bro's friend was identified sa damit pero I defended them kasi nasa line of sight ko sila the whole time. So my bro's friend was "arrested"(as you would put it) and detained by the security guards. I called on my comrades sa PNP to have this investigated immediately because there was a gaping cut on the victim's head and he's diabetic. Later on, the neighbors of the complaining homeowner came by and cleared my bro's friend. Pareho nga daw ang damit pero iba ang hairdo ng guy at tumakbo sa opposite direction pa. Ayun, nanalo sa pag file ng assault and unlawful "arrest and detention" yung friend ng bro ko. They even confiscated his cellphone to prevent him from calling for help and it was up to me and my bro to help him out.

Kaya very sensitive ang topic na "Citizen's arrest" dahil pag nagkamali kayo kagaya sa nangyari samen eh tambak-tambak na kayo ng problema eh mauubusan pa kayo ng pera sa pagbabayad sa mga damages. I've seen minors being banged on the head because they were at villages at namamalimos. Also, papaano pag di pala citizen ang "na-arrest" nyo at civilian pala? Like let's say, a foreign national or a multiple visa holder diplomat? Dyan kasi nagkakaroon ng conflict eh, naco-compromise yung rights rin ng citizen dahil in-arrest nyo siya. Police can't even arrest someone but just invite them sa police station for questioning. Now, kung caught in the act na talaga.. the security should detain him. Have you ever heard a security guard tell a criminal "you have the right to be silent, anything you say can be used against you in the court of law...etc..etc..etc." That's the protocol/SOP of arresting someone. Only law enforcement have the right to issue that statement.

[afrasay]

Sige wag ng arrest ang gamitin na term, invite nalang. Touchy issue talaga.

[SaberRider]

naguluhan ako. paanong hindi pwede? pano mo sir ipapaliwanag yung mga nahuhuling magnanakaw? as long na jurisdiction nila yun e may power sila. kung civilian nga pwede umaresto. sekyu pa?

pwede nila i hold/detain yun hangang dumating ang mga ipinatawag na pulis.

pinaguusapan lang natin yung case nung sekyu sa gateway ha.

backread lang po according sa protocol. salamat. Mahirap na kasi na biglang may magbibida diyan at gagawing dahilan ang citizens arrest para makalusot. Ngayon, pag ikaw po eh sinabihan ng isang civilian na arestado ka ni wala kang ginawa at dinetain ka, papayag ka ba sa ganun? Of course you will comply, you have no choice eh. Pero I'm pretty sure mag re-retaliate ka after that kasi na violate nila ang basic human rights mo. Detain pwede if caught red handed pero hanggang doon nalang till the authorities arrive. But if they suspect you pero alam mo naman walang kang ginagawang masama eh saan ka pa hihingi ng tulong? Sa sekyu?

[afrasay]

You will only know if they are foreign nationals if they show their passport(s), this after you have invited them.

[LexTer]

oo nga. wag na gamitin term na arrest.

sa tagalog: hulihin ni sekyu si magnanakaw or manunutok at i hold/detain muna, hangang dumating si pulis. still, back sa topic. pwede pa din ma detain/hold.

[LexTer]

Ngayon, pag ikaw po eh sinabihan ng isang civilian na arestado ka ni wala kang ginawa at dinetain ka, papayag ka ba sa ganun? Of course you will comply, you have no choice eh. Pero I'm pretty sure mag re-retaliate ka after that kasi na violate nila ang basic human rights mo. Detain pwede if caught red handed pero hanggang doon nalang till the authorities arrive. But if they suspect you pero alam mo naman walang kang ginagawang masama eh saan ka pa hihingi ng tulong? Sa sekyu?

yup. i know this very much sir. pero ang given kasi na scenario is yung panunutok ng baril sa gateway at gas station. kaya medyo lumalayo usapan kasi nagkakaron ng ibang scenario e.

[afrasay]

That is the Miranda Rights. I doubt if all arresting policeman knows or even memorize the lines.

[beereo]

If he is indeed a “konsehal” of Cubao,I shudder at the thought of he treats his constituents and I really feel sad for all those who voted for him to be their Civil Servant!

konsehal nga siguro yan. kaso nga lang, member siya ng Barangay Council. in other words, kagawad.

[aNthraxx]

Sige wag ng arrest ang gamitin na term, invite nalang. Touchy issue talaga.

detain would be a better word..its just symantics..but then again what security guard would detain an irrate gun owning individual?! nasa plain sight pa! The bestcourse of action is still to diffuse the situation.

[roninblade]

detain would be a better word..its just symantics..but then again what security guard would detain an irrate gun owning individual?! nasa plain sight pa! The bestcourse of action is still to diffuse the situation.

it's semantics
</anal-retentive>

[Horsepower]

You don't need to "read" Miranda rights in a Citizen's Arrest scene.

Miranda needs to be recited during a custodial arrest (actually for custodial interrogation) by Police officers/Authorities telling the suspect(s) they can shut up to protect themselves against self-incrimination. There are several ways to go around Miranda but I won't state it here as I might risk getting the ire of Human Rights Orgs. hehehe

In the event that you, as a suspect, told self-incriminating things to the arresting civilian, those things can be used against you in court with that arresting civilian standing as a witness against you.

When arresting foreigners, there's no difference. You can arrest foreigners too. Aside from the Miranda rights, they are also told they can contact their consulate.

As long as you didn't violate the basic human rights of the suspect, you should have no problem even in the event that the suspect sued you.

The key is using justifiable/proportional/reasonable amount of force to restrain the suspect.

If you doubt my statements, ask a LAWYER you personally know (here or abroad, Citizen's arrest statutes worldwide are essentially the same though some countries may have some revisions depending on its culture, religion and other circumstance). It goes without saying that you should practice due diligence in knowing whether that "lawyer" is for real or just a delusional junkie falsely claiming to know things.

I'd be happy & mighty grateful to be proven wrong (and/or corrected) as there is nothing more dangerous than knowing (and hence being guided) by INCORRECT information most especially when it comes to the Law.

For the benefit of everyone NOT actually familiar with this law, here it is (take note of Sections 1, 2, 5, 9, 10, and 13):

From the Revised Rules of Criminal Procedure, Rule-113, (Effective 01-DEC-2000) of the current Philippine Constitution.

RULE 113 - ARREST


Section 1. Definition of arrest. – Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

Sec. 2. Arrest; how made. – An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest.

No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention.

Sec. 3. Duty of arresting officer. – It shall be the duty of the officer executing the warrant to arrest the accused and deliver him to the nearest police station or jail without unnecessary delay.

Sec. 4. Execution of warrant. – The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reason therefore.

Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

(b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112.

Sec. 6. Time of making arrest. – An arrest may be made on any day and at any time of the day or night.

Sec. 7. Method of arrest by officer by virtue of warrant.
– When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.

Sec. 8. Method of arrest by officer without warrant. – When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees, or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest.

Sec. 9. Method of arrest by private person. – When making an arrest, a private person shall inform the person to be arrested of the intention to arrest him and the case of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists before the person making the arrest has opportunity to so inform him, or when the giving of such information will imperil the arrest.

Sec. 10. Officer may summon assistance. – An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an officer shall assist him in effecting the arrest when he can render such assistance without detriment to himself.

Sec. 11. Right of officer to break into building or enclosure. – An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose.

Sec. 12. Right to break out from building or enclosure. – Whenever an officer has entered the building or enclosure in accordance with the preceding section, he may break out therefrom when necessary to liberate himself.

Sec. 13. Arrest after escape or rescue. – If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines.

Sec. 14. Right of attorney or relative to visit person arrested. – Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in the jail or any other place of custody at any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested can also exercise the same right.

[afrasay]

Yup. Only an officer of the law can read the Miranda Rights to the individual.

Any updates on the TS?