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Is adultery a warrantless arrest?

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1 Is adultery a warrantless arrest? on Mon Aug 15, 2011 5:11 pm

bronze


Arresto Menor
hi atty

I filed adultery case against my wife and his paramour, having them arrested by a police officers without an warrant of arrest midnight. They were detained and released after they bailed in the following morning. My wife is visibly pregnant on the time she was arrested, and giving birth after a day. The arresting officer were my prosecution witness. The schedule of their arraignment is on October.

My question are:
1. Is adultery can be warrant less arrest?
2. Is the case can be quash?
3. Is my filing of adultery have a solid prove to convict them?
3. What probable cause can be set or prove that they will be ACQUITTED.


Thank you and more power!

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2 Re: Is adultery a warrantless arrest? on Wed Aug 17, 2011 11:10 pm

rchrd


moderator
My question are:
1. Is adultery can be warrant less arrest?
No case encountered yet but in my opinion, the general rule that arrest can be done by any person without warrant of arrest when in the arresting person's presence, a crime is being committed.
2. Is the case can be quash?
The case cannot be quashed. A warrant of arrest may be quashed but there is no warrant of arrest in your case.
3. Is my filing of adultery have a solid prove to convict them?
If she is your legal wife, nothing can be more solid than the proof that the child is not yours and there is the man who will be proven as the father.
3. What probable cause can be set or prove that they will be ACQUITTED.
Then can try proving that they are just playing house and only praying the rosary. Seriously, their position is indefensible. Their counsel might advice them to approach and beg you for settlement.



Last edited by rchrd on Sun Aug 21, 2011 8:29 pm; edited 1 time in total (Reason for editing : deleted extra words)

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3 Re: Is adultery a warrantless arrest? on Thu Aug 18, 2011 6:41 pm

attyLLL


moderator
request for a DNA exam to be conducted. the child is the best evidence

the police might be charged with illegal arrest, but the information should not be quashed for this reason.

adultery is the act of having sexual intercourse;unless you caught them in the act, the warrantless arrest is illegal.


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4 Re: Is adultery a warrantless arrest? on Mon Aug 22, 2011 4:07 pm

bronze


Arresto Menor
thank you very much for the responses....more power!

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