LEA 4 Midterm
LEA 4 Midterm
Introduction
Law enforcement is a term for the activities of some members of
government who act in an organized manner to enforce the law by
discovering, deterring, rehabilitating, or punishing people who violate the
rules and norms governing that society. Although the term encompasses
police, courts, and corrections, it is most frequently applied to those who
directly engage in patrols or surveillance to dissuade and discover
criminal activity, and those who investigate crimes and apprehend
offenders, a task typically carried out by the police, sheriff or another law
enforcement organization.
Although law enforcement may be most concerned with the prevention
and punishment of crimes, organizations exist to discourage a wide
variety of non-criminal violations of rules and norms, effected through
the imposition of less severe consequences. What is Police Operations? -
are defined as the job duties, responsibilities, and activities that law
enforcement agents complete in the field. In this lesson, we'll explore
different aspects of police operations, such as communication, patrolling,
specialized police operations, and diversity challenges.
GENERAL PRINCIPLES
Regardless of the type of function to be performed and/or police operations to
be conducted, all PNP personnel must know by heart and shall comply with
and apply the following principles and procedures:
FUNCTIONS OF A POLICE OFFICER
1.1 To Serve and Protect
The responsibility of every police officer is to serve the public and protect life
and property. No police operation shall be conducted to serve or protect the
illegal activity of a particular person, group or criminal syndicate.
3.7. Scene of the Crime Operation (SOCO) – includes the processing of crime
scene, technical and forensic examination of evidences and similar scientific
investigative assistance.
a. Gather and note down in the patrol officer’s logbook all available data as
to the nature of the calls, date, time and name of the caller. It may be regular,
urgent or emergency in nature.
b. The manner of approach will be dependent on the nature of the call,
either with haste/secrecy or with/ without flashing lights and sirens.
c. Consider the pertinent factors like the time, traffic conditions, the
possibilityof greater damage and the neighborhood characteristics. d. Stop
the patrol car some distance from the scene.
e. Approach the scene on foot, in complete silence and exercising extreme
caution.
f. Immediately attend to the injured, unless the other members of the
patrol are in immediate danger.
g. Focus all efforts to arrest criminals; however, priority shall be given to
aiding the injured.
h. Determine the crime committed, identify and question briefly the
victim/complainant and possible witnesses at the scene.
i. If the suspects or criminals have fled the scene before the arrival of the
patrol team, immediately relay the composition, armament, appearance, and
mode and direction of escape of the suspects to the Operations Center for the
conduct of dragnet operations.
j. When responding to street fights/brawls, the patrol member should call
for back-up before intervening. If there are no injuries and insufficient
corroborative statements obtained to identify who started the fight, disperse
the crowd and make complete notes.
k. Never treat calls or complaints of loud noises caused by barking dogs,
drunks, appliances and parties as negligible or a nuisance. They only need
courteous and tactful intervention and not enforcement actions.
l. When responding to calls for police assistance due to planted or found
explosives, never attempt to handle, move or lift the object. Instead contact
Operations Center and request for Explosive Ordnance Disposal Team
(EODT). On-lookers must be promptly led to a safe distance away from the
scene.
m. When responding to calls from owners of beerhouses, bars or inns or any
other similar establishments during night time, request the owner to put the
lights on first before entering the establishments.
n. Do not attempt to arbitrate and resolve conflicts/ differences between
neighbors, landlords/tenants, husband and wife.
a. Spot Check/Accosting.
The police officer may stop an individual for the purpose of conducting a spot
check/ accosting only when reasonable suspicion exists. Reasonable suspicion
must be more than just a hunch or feeling. In justifying the stop, the police
officer must be able to point to specific facts that, when taken together with
rational inferences, reasonably warrant the stop. Such facts include, but are
not limited to, the following:
(1) The appearance or demeanor of the individual suggests that he is part of
a criminal enterprise or is engaged in a criminal act;
(2) The actions of the individual suggest that he is engaged in a criminal
activity;
(3) Questionable presence of the individual in the area;
(4) The subject is carrying a suspicious object;
(5) The suspect’s clothing bulges in a manner that suggests he is carrying a
weapon;
(6) The suspect has been found in the time and place proximate to an alleged
crime;
(7) The police officer has knowledge of the suspect’s prior criminal record or
involvement in criminal activity; and
(8) The individual flees at the sight of a police officer.
b. Body Frisk/Pat-Down Search.
A police officer has the right to perform a pat-down search if the individual
has been legitimately stopped with reasonable suspicion and when the police
officer has reason to believe that the individual possesses weapon/s on his
person and poses a threat to the police officer’s or another person’s safety.
Circumstances which may justify pat-down search:
(1) The type of crime believed to be committed by the subject, particularly
crimes of violence where the threat of use or use of deadly weapon is
involved;
(2) Where the police officer handles several suspects;
(3) The time of the day and the location where the patdown search took place;
(4) Prior knowledge by the police officer of the suspect’s use of force and/or
propensity to carry deadly weapons;
(5) The appearance and demeanor of the suspect;
(6) Visual indications suggesting that the suspect is carrying a firearm or
other deadly weapon; and
(7) Whenever possible, pat-down searches should be performed by police
officers of the same gender
a. Spot Check/Accosting
(1) When approaching the individual, the police officer shall clearly identify
himself as a police officer. If not in uniform, the police officer must identify
himself by announcing his identity and displaying official identification card
and/or badge.
(2) Police officers shall be courteous at all times but maintain caution and
remain vigilant for suspicious movements like attempting to retrieve weapon,
conceal or discard contraband, or other similar actions.
(3) Before approaching more than one individual, police officers should
determine whether the circumstances warrant a request for back-up and
whether the spot check/accosting can and should be delayed until such
backup arrives.
(4) Police officers shall confine their questions as to the person’s identity,
place of residence, and other inquiries necessary to resolve the police officer’s
suspicion. However, in no instance shall a police officer hold a person longer
than the period reasonably necessary to be able to make these limited inquiries
and to resolve suspicions.
(5) Police officers are not required to inform the person of his rights under
the law (i.e. Miranda Warning, Anti-torture law, etc.) unless the person is
placed under arrest.
I. HISTORICAL HIGHLIGHTS
The Philippine National Police (PNP) originated from the Philippine
Constabulary or the PC, which was inaugurated on August 8, 1901,
establishing it as an insular police force under the American regime. On
August 8, 1975, Presidential Decree no. 765 was issued, establishing the
Philippine Constabulary Integrated National Police or the PC/INP as the
country’s national police force. These fragmented and diverse local police units
were integrated into a national police force with the Philippine Constabulary as
its nucleus.
Thus, to further strengthen the PNP into a highly efficient and competent
police force, Republic Act No. 8551 entitled “PNP Reform and the
Reorganization Act of 1998” was enacted on February 17, 1998, amending
certain provisions of Republic Act No. 6975.
The PNP Command Group is headed by the Chief PNP who is vested
with the power to command and direct the PNP. He is also assisted by two
Deputies assigned to the administration of the PNP and one for operations side.
The Chief of the Directorial Staff serves as the Chief Operations Officer
of the PNP. He coordinates, supervises, and directs the Directorial Staff and the
PNP units in the performance of their respective functions.
The Internal Affairs Service (IAS) is headed by a Inspector General who
assists the Chief PNP in ensuring operational readiness and investigates
infractions of the regulations committed by the members of the PNP.
The Human Rights Affairs Office (HRAO) is headed by a senior police
commissioned officer who serves as a manager of the facility that will supervise
the implementation of the guidelines and policies on human rights laws.
The Center for Police Strategy Management (CPSM) serves as the
Central facility of the PNP in coordinating and integrating all strategy
management processes, sustaining its strategy execution and management,
and instilling in the organization a culture of strategy focus.
There are 23 National Support Units of the PNP. Eleven (11) of which are
administrative while twelve (12) are operational in nature. The eleven
Administrative Units are as follows:
1. Logistics Support Service (LSS)
2. Information Technology Management Service (ITMS)
3. Finance Service (FS)
4. Health Service (HS)
5. Communications and Electronics Service (CES)
6. Chaplain Service (CHS)
7. Legal Service (LS)
8. Headquarters Support Service (HSS)
9. Engineering Service( ES)
10. Training Service (TS) and
11. PNP Retirement and Benefits Administration Service (PRBS). The
twelve (12) operational support units and their respective functions are as
follows:
Maritime Group (MG). This group is responsible to perform all police functions
over Philippine Territorial waters, lakes, and rivers along coastal areas to
include ports and harbors and small islands for the security and the
sustainability development of the maritime environment.
Intelligence Group (IG). This group serves as the intelligence and
counterintelligence operating unit of the PNP.
Police Security and Protection Group (PSPG). This group provides security to
government vital installations, government officials, visiting dignitaries and
private individuals authorized to be given protection.
Criminal Investigation and Detection Group (CIDG). This group monitors,
investigates, prosecutes all crimes involving economic sabotage, and other
crimes of such magnitude and extent as to indicate their commission by highly
placed or professional criminal syndicates and organizations. It also conducts
organized- crime –control, all major cases involving violations of the revised
penal Code, violators of SPECIAL LAWS assigned to them such as
Antihijacking, Anti-Carnapping and Cyber crimes among others and atrocities
committed by Communist Party of the Philippines (CPP)/New People’s Army
(NPA)/National Democratic Front (NDF).
Special Action Force (SAF). This group is a mobile strike force or a reaction
unit to augment regional , provincial, municipal and city police force for civil
disturbance control, internal security operations, hostage-taking rescue
operations, search and rescue in times of natural calamities, disasters and
national emergencies and other special police operations such as ant-hijacking,
anti-terrorism, explosives and ordnance disposal. On a special note, the PNP
Air Unit is placed under the supervision of SAF.
Aviation Security Group (AVEGROUP). This group provides security to all
airports throughout the country.
Highway Patrol Group (HPG). This group enforces the traffic laws and
regulations, promote safety along the highways, enhances traffic safety
consciousness through inter- agency cooperation concerning Police Traffic
Safety Engineering, Traffic Safety Education and Traffic Law enforcement
functions and develops reforms in the crime prevention aspect against all forms
of lawlessness committed along National Highway involving the use of motor
vehicles.
Police-Community Relations Group (PCRG). This group undertakes and
orchestrates Police Community Relations program and activities in partnership
with concerned government agencies, the community, and volunteer
organizations in order to prevent crime and attain a safe and peaceful
environment.
Civil Security Group (CSG). This group regulates business operations and
activities of all organized private detectives, watchmen, security
guards/agencies and company guard forces. It also supervises the licensing
and registration of firearms and explosives.
Crime Laboratory (CL). This group provides scientific and technical,
investigative aide and support to the PNP and other investigative agencies. It
also provides crime laboratory examination, evaluation and identification of
physical evidence gathered at the crime scene with primary emphasis on
medical, biological and physical nature.
PNP Anti-Kidnapping Group (PNP-AKG). This Group serves as the primary
unit of the PNP in addressing kidnapping menace in the country and in
handling hostage situations. And
PNP Anti-Cybercrime Group (PNP- ACG). This Group is responsible for the
implementation of pertinent laws on cybercrimes and anti-cybercrime
campaigns of the PNP.
For the main PNP operating units, there are seventeen (17) Police
Regional Offices nationwide which correspond to the Regional subdivisions of
the country. Directly under the Police Regional Offices are seventeen (17)
Regional Public Safety Battalions (RPSB), eighty (80) Police Provincial Offices
which correspond to the number of Provinces in the country and twenty (20)
City Police Offices (CPOs) in highly urbanized and independent cities , which
are equivalent to a Provincial Police Office.
The Police Provincial Offices have their respective Provincial Public Safety
Companies (PPSC) which is utilized primarily for internal security operations
(ISO). The number of platoons in a Provincial Public Safety Company is
dependent on the existing peace and order situation in the province concerned.
The PNP enforces laws and ordinances and performs statutory functions
while the AFP exercises primary responsibility on matters involving
suppression of insurgency and other serious threats to national security.
The PNP provides assistance to the AFP in insurgency – affected areas
while the AFP is also responsible for the integrated territorial defense system.
The PNP assists the AFP for the dispositive action on arrested, captured
or surrendered insurgent within the prescribed elementary period.
The PNP provides assistance to the AFP in the arrest of suspected
insurgents with standing warrants of arrest, and
The PNP and the AFP maintain close intelligence coordination and
exchanges and share each other’s accomplishments of their respective mission
and functions.
Law Enforcement Administration
Many public safety and law enforcement patrol officers and detectives
strive to obtain administrative and supervisory positions. Law enforcement
administrators ensure that police departments and other law enforcement
organizations run smoothly. They supervise staff while promoting and
executing regulations for law enforcement specific to their agencies. The U.S.
Drug Enforcement Administration (DEA), for example, is an organization that
deals with enforcing the laws and regulations that relate to illegal drugs.
I. GENERAL PROCEDURES
1. Police Blotter
PNP operating unit shall maintain an official police blotter.
all types of operational and undercover dispatches shall be recorded.
A separate Police Blotter, however, shall be maintained for crime incident
reports involving violence against women and children and those cases
involving a child in conflict with the law to protect their privacy.
2. INTER-UNIT COORDINATION
Local Police Units operating outside their territorial jurisdiction
and National Support Units (NSUs) shall coordinate, personally or
through an official representative, with the Police Office within
whose jurisdiction the operation shall be conducted.
If formal inter-unit coordination is not feasible, the Police Unit
concerned shall endeavor to notify the territorial police office
through any practical/available means of communication at
anytime during the operation;
If not possible, shall accomplish and furnish the territorial Police
Office a written incident report immediately after the termination of
the operation.
4. WARNING SHOTS
The police shall not use warning shots during police interventions.
5. USE OF FORCE
Issuance of Warning
The police officer must first issue a warning before he could use force
against an offender to identify himself and to give opportunity for surrender.
Reasonable Force
The reasonableness of the force employed will depend upon the number
of aggressor, nature and characteristic of the weapon used, physical condition,
size and other circumstances to include the place and occasion of the assault.
Use of Weapon
The excessive use of force is prohibited.
The use of weapon is justified if the suspect poses imminent danger of causing
death or injury to the police officer or other persons.
The use of weapon is also justified under the Doctrines of Self-Defense, Defense
of Relative, and Defense of Stranger.
Reportorial Requirements
Any police officer who used his firearm against a suspect must submit an
after- encounter report outlining the circumstances necessitating the use of
weapon against the suspect.
6. MOVING VEHICLES
A moving vehicle shall not be fired upon except when its occupants pose
imminent danger of causing death or injury to the police officer or any
other person;
The use of firearm does not create a danger to the public and outweighs
the likely benefits of its non-use.
In firing upon a moving vehicle, the following parameters should be
considered:
a. the intent of the fleeing suspect/s to harm;
b. the capability of the fleeing suspect/s to harm; and
c. accessibility or the proximity of the fleeing suspect/s.
3. ARREST
All arrests should be made only based on a valid Warrant of Arrest.
No violence or unnecessary force shall be used
in making an arrest.
3.1 Time of Arrest
Should be made on any day of the week and at any time of
the day or night.
3.2 Section5.