P.R. Laws Ap. tit. 34A, § II, Rule 11

2019-02-21 00:00:00+00
Rule 11. ARREST BY PEACE OFFICER

A peace officer may arrest a defendant without the corresponding warrant:

(a) When he/she has reasonable grounds to believe that the person about to be arrested has committed the offense in his/her presence. In this case, the arrest shall be made immediately or within a reasonable time after the commission of the offense. Otherwise, the officer shall request that a warrant of arrest be issued.

(b) When the defendant has committed a felony, although not in the officer’s presence.

(c) When he/she has reasonable cause for believing that the person about to be arrested has committed a felony, regardless of whether or not said offense was in fact committed.

For the purposes of these rules, a peace officer shall be the person in charge of protecting life and property and maintaining public order and safety. This includes, but is not limited to any member of the Puerto Rico Police Department and the Municipal Police, agents of the Special Investigations Bureau of the Department of Justice, and Court Marshals.

Any public, state or federal employee with the express authority of law to make arrests as part of performing his/her special duties and responsibilities shall also be considered a peace officer in a limited capacity.

History —Apr. 16, 2010, No. 43, § 1.