Handouts LAW ENFORCEMENT OPERATIONS AND PLANNING WITH CRIME MAPPING

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LAW ENFORCEMENT OPERATIONS AND PLANNING WITH CRIME MAPPING

 POLICE OPERATION – job duties, responsibilities, and activities that law enforcement
agents complete in the field.

 POLICE – body of armed men, which an institution can exercise its duties by armed
physical forces to preserve peace and order, detection of crime, and the execution of
laws.
- Body of officers representing the civil authority of the government, and ate
responsible for maintaining public order and safety, enforcing the law, and
preventing, detecting, and investigating criminal activities.

 CATEGORIES OF POLICE OPERATIONS


1. Patrol Operation – it is the most basic police function and known as the backbone of
policing.
2. Law Enforcement Operation – this includes of warrant of arrest, implementation of
search warrant. Enforcement of visitorial powers of the Chiefs of Police and anti-
criminality operations.
3. Internal Security Operations – counter-terrorism operations and similar operations
against other threat groups that are conducted to ensure internal security.
4. Public Safety Operations – this includes critical incident management procedures,
search, rescue and retrieval operation, management of health hazards and other
operations that promote public safety.
5. Special Police Operations – includes high-risk checkpoint and roadblock operation,
police assistance in the implementation of order from the court, security to major and
special events, aircraft hijacking operations etc. by police units with specialized training.
6. Investigation Operations – investigation of crime or incident, SOCO, administrative
investigation to determine facts and circumstances for filing cases criminally or
administratively.
7. Police Community Relations – with 3 interrelated dimensions to accomplish its mission
a. Community Affairs Development
b. Public Information
c. Information Development Operation

 PHILIPPINE NATIONAL POLICE – is the civilian national police force of the Philippines.
It is a community and service-oriented agency responsible for the maintenance of peace
and order and public safety. It is a national in scope and civilian in character controlled
by National Police Commission. (RA 8551)

 FUNCTIONS:
a. Enforce all laws and ordinances
b. Maintain peace and order
c. Investigate and prevent crimes, arrest of criminal, bring offenders to justice and
assist in their prosecution
d. Exercise the general power to make arrest, search and seizure.
e. Detained an arrested person. Informing the person of his constitutional rights.
f. Issue licenses for the possession of firearms and explosives
g. Supervise and control the training and operation of security agencies and issue
license to operate
h. Perform other duties provided by law

 To Serve and Protect – the responsibility of every police officer is to serve the public
and protect life and property.
 To Respect Human Rights and Dignity of Person – PNP personnel shall respect and
uphold the human rights and dignity of all persons at all times.

 PRE-OPERATION CLEARANCE – in all planned police operations, TEAM LEADER of


the operating team shall secure pre-operation clearance approved by
Chief/Commander/Head of Office and submitted at Operation Section for record
purposes.
Basic Requirements of police Operations such as but not limited to arrest, search and seizure,
checkpoint, roadblocks and CDM are as follows:
a. With Marked Police Vehicle
b. Led by PCO or most Senior PNCO
c. With personnel in prescribed police uniform except covert operatives when
serving warrant of arrest provided personnel in uniform shall be present
during arrest.
d. With the use of Body Worn Cameras (BWCs0 or Alternative Recording
Devices (ARDs) during the conduct of searches and arrests.

 USE OF FORCE POLICY


- A police officer shall use necessary and reasonable force to accomplish his/her
mandated task. The necessity and reasonableness of the force employed will
depend upon the following:
a. Number of aggressors
b. Nature and characteristic of weapon used
c. Physical condition
d. Size and other circumstances to include place and occasion of the assault.

 During confrontation with armed offender, only such necessary and reasonable force
shall be applied as would be sufficient to overcome the aggression by the offender. The
excessive use of force to arrest or immobilize the suspect during police operation is
PROHIBITED

 3 APPROACHES ON THE USE OF FORCE CONTINUUM

 Force Continuum – is a linear-progressive decision-making process which displays the


array of police reasonable responses commensurate to the level of suspect.

1. NON-LETHAL APPROACH – this involves the police presence in crime-prone


areas and the employment of activities to persuade/request cooperation of
people to police instructions and other control efforts.
2. LESS LETHAL APPROACH – involvement of less lethal equipment (baton,
truncheons, night stick) that does not cause serious injury or death. The age,
gender, and health condition of offenders shall be considered before the
employment of less lethal equipment.
3. LETHAL APPROACH – employment of lethal equipment usually as the LAST
RESORT. This approach carries with it the greater responsibility as it may result
in severe injury, harm and death.

 USE OF FIREARM DURING POLICE OPERATIONS

- The use of firearm is justified if the offender poses an imminent danger of causing
death or injury to the police officer or other persons.
- The use of firearm is also justified under the doctrine of self-defense, defense of
relative, and defense of stranger.
- The police shall not use warning shots during police operation except when the
police officer is outnumbered and overpowered, and poses imminent danger.
- A moving vehicle and its occupants shall not be fired upon except when its
occupants pose imminent danger of causing death or injury to the police officer or
any person.
- In firing at a moving vehicle, the following parameters should be considered:
a. The intent of the suspect/s to harm the police officer or other persons;
b. The capability of the suspect to harm the police officer or other persons
c. accessibility or the proximity of the suspect/s from the police officer and other
persons.

 A police officer who fires his/her service firearm or weapon during a confrontation with an
offender/s must submit an Incident Report outlining the circumstances necessitating the
use of his/her firearm.
LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPING

 Coordination
A. Inter-Office Coordination. The operations officer or Team Leader/s (TL)
of Local Police Units (LPUs) operating outside their territorial jurisdiction and
shall, whenever practicable, coordinate personally
at any levels of police offices or other friendly units within whose jurisdiction the operation is to
be conducted.
B. Coordination by Filing Coordination Form. Prior to the launching of
the operation except in cases where the formal (in writing) inter-unit coordination
cannot be made due to the nature and/or urgency of the situation such as, but
not limited to, cross-jurisdiction pursuit operations, coordination should be made
formally using the prescribed Coordination Form.
C. Coordination by Practical/Available Means of Communication. In cases
where formal inter-unit coordination is not feasible, the Police Unit concerned shall
endeavor to notify the Local Police Unit (LPU) through any practical/available means
of communication including but not limited to electronic or signal communication at
any time before the operation and shall accomplish and furnish the LPU a written
incident report immediately after the termination of the operation.
 Requirements of Police Operations
2. Use of Megaphones and Similar Instruments/devices. During actual
police intervention operations, the Team Leader shall use peaceful means
including the use of megaphones or any other similar instruments/devices to warn
or influence the offender/s or suspect/s to stop and/or peacefully surrender.
3. Accessories. A police officer may carry or use accessories appropriate
to the police operation being performed. Accessories may include, ballistic vest,
handheld radio, first aid kit, flashlight, hand cuff, whistle and non-lethal equipment including but
not limited to baton, truncheon, and night stick to be used in a nonarmed confrontation with a
violent, uncooperative and unruly offender.
4. Use of Body Worn Camera – shall be used/activated during the conduct of arrest,
search and whenever practicable, in cases of warrantless arrests.
- The chain of custody over the recordings shall at all times
be preserved from improper access, review, and tampering.
 The BWC/ARD shall not be used/activated in the following circumstances:
1) In police facilities unless in an official capacity, or as part of an
investigation procedure.
2) Conduct of any personal activity (in any location where individuals
have a reasonable expectation of privacy, such as restrooms, locker rooms, or break rooms).
3) While on the grounds of any public, private or parochial elementary
or secondary school, hospitals, churches and other places of
worship except when responding to an imminent threat to life or
health.
4) Privileged communications between the subject of recordings
and other individuals, such as attorneys, members of the clergy,
peer support councilors and medical professionals.
 Procedures After an Armed Confrontation
a. Secure the site of confrontation
b. Check whether the situation still poses imminent danger
c. Take photographs
d. Evacuate all wounded to the nearest hospital regardless of the extent
of injury
e. Keep arrested suspects in isolation
f. Conduct debriefing on all involved PNP operatives
g. Submit After-Operations Report
h. Ensure psychological stress counselling for all involved PNP
Operatives
 PATROL OPERATIONS
 Guidelines
a. Conduct briefing before and debriefing after patrol operations
b. Perform firearm and equipment check prior to dispatch
c. Observe precautionary measures and personal safety while on patrol
d. Plan out patrol routes based on prevailing crime trends and patterns
f. Establish good rapport with people on your beat and be familiar with all
the people in the community
k. When requiring proof of identification from any person, let him/her
hand it over to you
l. Patrol members must inform tactical operations center before
responding to any incident
j. Observe the “Buddy System” during patrol operation
 LAW ENFORCEMENT OPERATIONS
 Stopping and Frisking (Pat-Down Search)
a. When to Stop and Frisk (Pat-Down Search)
1) Stopping. The police officer may stop a person only when there
is genuine reason to believe, based on experiences and the
particular circumstances. 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 not limited to the following:
a) The person is reported to be allegedly involved in a criminal
activity
b) The person is carrying something illegal or when his/her
clothing bulges in a manner that suggests he/she is carrying
a weapon
c) The person is seen at the time and place proximate to an
alleged crime incident and/or flees at the sight of a police
officer
2) Body Frisking (Pat-Down Search). A police officer has the right to
perform body frisking if the person has been stopped with genuine
reason to believe that he/she carries weapon/s and poses a threat
to the police officer’s or another person’s safety. Circumstances
which may justify body frisking (pat-down search) include but not
limited to the following:
a) Visual indication suggesting that the person is carrying a
firearm or other deadly weapon
b) The type of crime believed to have been committed by the
person, particularly crimes of violence where the threat of
use or use of deadly weapon is involved
 Procedures and Guidelines
1) Stopping
a) When approaching the person, the police officer shall clearly
identify himself/herself and present his/her identification
card
b) Police officers shall be courteous at all times but remain
cautious and vigilant
c) Before approaching more than one person, police officers
should determine whether the circumstances warrant a
request for back-up or whether the stopping should be
delayed until such back-up arrives
d) Police officers are not required to inform the person of his/
her rights unless the person is placed under arrest
2) Body Frisking (Pat-Down Search). When genuine reason justifies
body frisking (pat-down search), it shall be done with due caution,
restraint, and sensitivity in the following manner:
a) Whenever possible, body frisking shall be done by at least
two police officers, one to do the search while the other
provides security. it shall be done with the person in a
standing position with hands raised. the police officers are
permitted only to feel the outer clothing of the person. Police
officers shall not place their hands inside the pockets of the
clothing unless they feel an object that could probably be a
weapon, such as a gun, knife, club, or the like.
b) If the person is carrying an object such as a handbag,
suitcase, briefcase, sack, or other similar items that may
conceal a weapon, the police officer shall not open the item
but instead put it in a place out of the person’s reach
c) If the external patting of the person’s clothing fails to disclose
evidence of a weapon, no further search may be made. If a
weapon is found and the possession of which constitutes a
violation of the law, the police officer shall arrest the person
and conduct a complete search (Search Incident to a lawful arrest).
 Reporting After Stopping or Body Frisking. If after stopping or body
frisking and the police officer finds no basis for making an arrest, he/
she should put it on record in his/her patrol notebook. If he/she finds a
ground for a valid warrantless arrest, then an arrest shall be made.

LAW ENFORCEMENT OPERATIONS AND PLANNING WITH CRIME MAPPING


(Prelim)
CHECKPOINT
- Is an area where vehicles and/or persons are stopped, identities are verified,
possessions searched, and a decision is made whether or not to detain the persons/vehicles or
to allow them to pass.

TYPES OF CHECKPOINTS
A. Mobile Checkpoint – it responds to an immediate operational need and can be removed
immediately after the execution of the operation without having an impact on the security of the
concerned area.
B. Fixed Checkpoint – it can be permanent or temporary and it takes places where decision
has been taken to carry out checks on a regular, even daily basis.

Authority to Establish Checkpoints


- The establishment of checkpoints
shall be authorized by the Head of Office of the territorial PNP unit
and manned by uniformed PNP personnel. Other units may establish
checkpoints in coordination with the Head of Office of the territorial PNP
unit in the area. For this purpose, the Heads of Offices of territorial units are the following:
1)Regional Director (RD); 5)ChiefofCity/MunicipalPoliceStation;
2)DistrictDirector; 6)StationCommander;
3)ProvincialDirector; 7)Sub-StationCommander;
4)CityDirector; 8)Police Community Precinct Commander

Composition
1) Team Leader (TL) - shall lead and take responsibility in the conduct of checkpoint preferably
a Police Commissioned Officer (PCO). In the absence of a PCO, the most Senior Police Non-
Commissioned Officer (PNCO) will act as Team Leader;
2) Spotter/Profiler – shall point/profile suspected vehicle subject for checkpoint;
3) Verifiers – shall conduct document verification, search, seizure and arrest, if necessary,
initial custody of seized evidence;
4) Search/Arresting personnel – shall search, seize illegal items and arrest. offenders;
5) Forward/Rear Security– shall provide security in the checkpoint area and block/pursue
fleeing suspects/vehicle
Checkpoint Guidelines
1) Checkpoints are established to enforce laws, rules, and regulations, and when there is a
need to arrest a criminal or fugitive from justice.
2) Mobile checkpoints are authorized only when established in conjunction with ongoing police
operations. Only marked vehicles with blinkers turned on shall be used in mobile checkpoints.
3) Designation of the personnel manning the checkpoint shall be left to the sound discretion of
the Team Leader (TL), preferably with female personnel especially when there is an anticipated
involvement of a female suspect.
4) The PNP Checkpoint team shall be composed of a minimum of eight personnel with a TL, two
verifiers, one spotter, two forward security and two rear security.
5) The team manning the checkpoints must have immediate contact with any elected public
official, and representative from the National Prosecution Service (NPS) or the media in case
illegal drugs are seized or recovered.
6) The team should encourage the participation of the Local Government Units (LGUs), PNP
accredited Civil Society Groups, Non-Governmental Organizations (NGOs), business
organizations, media and other stakeholders during the conduct of police checkpoint operations.
However, their participation must be limited only as observers except for LGU personnel
mandated to enforce laws and ordinances such as but not limited to traffic enforcers, meat
inspectors and Barangay Public Safety Officers (BPSO).
7) PNP personnel manning the checkpoint must have a presentable appearance while wearing
the prescribed uniform. Likewise, the civilian members must also be in their organization’s
uniform with their names conspicuously displayed for identification. In no case shall the civilian
components be allowed to bear firearms during the checkpoint.
8) The area where the checkpoint shall be established must be well-lighted with a visible
signage bearing the name and contact number of the PNP unit and the TL.
9) Due courtesy must be accorded to all road users during the conduct of checkpoint.
10) A valid search must be authorized by a search warrant duly issued by an appropriate
authority. However, a warrantless search can be made in the following cases:
a) When there is genuine reason to believe that the occupant/s
of the vehicle have just committed, is actually committing or
is about to commit a crime; or
b) On the basis of prior information which are reasonably
corroborated by other attendant matters.
11) The TL must submit an after-checkpoint report immediately upon termination of the
operation.

Procedures in the Conduct of PNP Checkpoint


The TL shall also check the following equipment including, but not limited to:
a) Marked police vehicles (including police motorcycle if available);
b) Signages:
(1) Warning signs: (e.g., slowdown checkpoint ahead, checkpoint 20 meters ahead, etc);
(2) Information signs: name and contact number of the unit and TL.
c) Firearms with basic load of ammunition;
d) Ballistic vest;
e) Handheld and vehicle base radios;
f) Flashlights;
g) Megaphone; and
h) BWC or ARD

Joint Checkpoints
1) Commission on Elections (COMELEC) Checkpoints
- accordance with the Omnibus Election Code, election laws
and prevailing resolutions.
- there shall be at least one COMELEC checkpoint for each city/ municipality.
2) Inter-Agency Checkpoints (DENR, DA, BFAR, etc)
- There shall be an existing agreement and/or written request from the agency
concerned prior to the establishment of checkpoint.
- In case of apprehension, the nominal complainant shall be the concerned agency and
will be in charge in the conduct of investigation, filing of cases and custody of evidence. All
arrested persons shall be in the custody of the PNP.
3) Joint PNP-AFP Checkpoints
- The PNP shall take the lead role in a joint PNP-AFP
checkpoint.
- In case of arrest and seizure, the PNP shall take cognizance
of the case.

General Procedures to be Followed When Checkpoint is Ignored


1) If the checkpoint is ignored and/or the motorist bumps the signage
in an attempt to elude arrest or avoid inspection, the team shall
pursue the fleeing motorist and immediately inform the adjacent
units about the situation and the available description of the
vehicle and passenger/s to establish hasty defensive roadblock
and dragnet operation.
2) The pursuing team shall use megaphones or built-in public address
system in the police car with blinkers and sirens switched on during
the pursuit to order the fleeing motorist to stop and to warn other
road users following the rules on the use of firearm during police
operations.
3) If the motorist stops, the procedures in flagging down vehicles shall apply.
4) If the fleeing motorist opens fire at the pursuing team, the reasonable
force provided in the use of force continuum to overcome the aggression must be employed.
Flagging Down Vehicles
1) Before flagging down the vehicle, call the station TOC and provide the following available
information:
a) Plate number and/or conduction sticker;
b) Brand/make, series, type (sedan, SUV, AUV, etc) and color;
c) Number and/or description of occupants;
d) Reason(s) for the planned intervention;
e) Location and its direction.
High-Risk Stop and High-Risk Arrest
- This is the stopping/accosting and restraint of armed and dangerous person/s,
aboard a vehicle/vessel or on foot, including the power to use all necessary and legal
means to accomplish such end.

Police Defensive Roadblock


- Police Defensive Roadblock is a temporary installation or hastily built barricade set
for halting traffic to facilitate the neutralization of an armed person/suspect onboard a
motor vehicle.
ARREST
- Is placing a person in custody or under restraint, usually for the purpose of
compelling obedience to the law.
- Under Rule 113 of the Revised Rules of Criminal Procedure, arrest is the taking of a
person into custody in order that he may bound to answer for the commission of an
offense.
- It is by actual restraint of a person to be arrested, or by his submission to the custody
of the person making the arrest.
Guidelines
1) All arrests should be made only on the basis of a valid warrant of arrest issued by a judge,
except in instances where the law allows warrantless arrest.
2) No violence or unnecessary force shall be used in making an arrest, and the person to be
arrested shall not be subjected to any restraint greater than what is necessary under the
circumstances. (The Revised Rules of Criminal Procedure, rule 113 sec. 2).
3) Arrests can be made on any day of the week and at any time of the day or night (The Revised
Rules of Criminal Procedure, rule 113 sec. 6)
4) If the accused is already in detention, a return, together with required documents, shall be
made for any standing warrants of arrest issued after the service.
5) A senator or member of the House of Representatives shall, in all offenses punishable by not
more than six years imprisonment, be privileged from arrest while the congress is in session. No
member shall be questioned nor be held liable in any other place for any speech or debate in
the congress or in any committee thereof (Const. (1987), art. VI sec. 11 (Phil.).
6) Diplomatic agents and couriers, under the Vienna Convention on Diplomatic Relations (1961
p8), are not liable to any form of arrest or detention.

Authority of the Arresting Officer when Making an Arrest


1) A police officer making a lawful arrest may verbally summon as
many persons as he/she deems necessary to assist him/her in
effecting the arrest (The Revised Rules of Criminal Procedure,
rule 113 sec. 10).
2) A police officer, in order to make an arrest with or without warrant,
may break into a building or enclosure where the person to be
arrested is or is reasonably believed to be in, if he is refused
admittance thereto, after announcing his/her authority and purpose
(The Revised Rules of Criminal Procedure, rule 113 sec. 11).
3) Whenever a police officer has entered the building or enclosure to
make an arrest, he/she may break out therefrom, when necessary,
to liberate him/herself (The Revised Rules of Criminal Procedure,
rule 113 sec. 12).
4) If a person lawfully arrested escapes or is rescued, any person
may immediately pursue to retake him/her without a warrant at
any time and in any place within the Philippines (The Revised
Rules of Criminal Procedure, rule 113 sec. 13).

Duties of the Arresting Officer


1) In implementing the warrant of arrest, the arresting officers shall
use at least one BWC and one ARD, or a minimum of two devices,
or such number as may be necessary. In case of unavailability of
BWCs, the arresting officers shall file an ex-parte motion (Annex
“D”) before the court, requesting authority to use at least two ARDs
for justifiable reasons.
2) The BWC/ARD shall be used and activated upon arrival at the
place of arrest to capture and record the relevant incidents during
the execution of the warrant.
The BWC/ARD shall be worn in a
conspicuous location and in a manner that maximizes the ability to
capture a recording of the arrest. It shall only be deactivated upon
conclusion of the arrest and delivery of the person/s arrested to
the nearest police station or jail. The same shall be observed in
cases of warrantless arrests, whenever BWCs/ARDs were used.

3) It shall be the duty of the police officer implementing the Warrant of


Arrest to deliver the arrested person without delay to the nearest
Police Station or jail (The Revised Rules of Criminal Procedure,
rule 113 sec. 3) to record the fact of the arrest;
4) At the time of the arrest, it shall be the duty of the arresting officer
to inform the person arrested of the cause of the arrest and the fact
that a warrant had been issued for his/her arrest. The arresting
officer need not have the warrant in his/her possession at the time
of the arrest but after the arrest, if the person arrested so requires,
the warrant shall be shown to him/her as soon as possible (The
Revised Rules of Criminal Procedure, rule 113 sec. 7);
5) When a woman is arrested, a policewoman shall conduct the
complete body search;
6) When a Child in Conflict with the Law (CICL) is arrested, he/she
shall be processed by the Women’s and Children’s Protection
Desks (WCPD) officer and shall immediately be separated from
other adult suspects. He/she must be turned over to the LSWDO
or other accredited NGOs within eight hours after apprehension;
7) If a foreign national is arrested, the arresting officer through his/
her COP/Unit Commander, shall perform the following:
a) Simultaneously inform the Foreign Liaison Division (FLD),
Directorate for Intelligence (DI), PNP Command Center (PCC)
and the immediate higher office through Short Messaging
System (SMS) within one hour upon the arrest;
b) Submit a written report of the incident within eight hours to
the immediate higher office.
8) In case of arrest without a warrant, it shall be the duty of the arresting
officer to inform the person to be arrested of his/her identity,
authority and the basis of the arrest except when he/she flees or
forcibly resists before the arresting officer has the opportunity to
inform him/her or when the giving of such information will imperil
the arrest (The Revised Rules of Criminal Procedure, rule 113 sec.
8);
9) The person arrested, with or without warrant, shall be informed of
his/her constitutional right to remain silent and that any statement
he/she makes could be used against him/her. Also, that he/she has
the right to communicate with his/her lawyer or his/her immediate
family and the right to physical examination. It shall be the duty of
arresting officer to subject arrested person with or without warrant
to a medical examination prior to temporary detention;
10) A person arrested without a warrant shall be immediately brought
to the Police Station for investigation without unnecessary delay.
He/she shall be subjected to inquest proceedings within the time
prescribed in Article 125 of the Revised Penal Code (RPC);
11) No torture, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against an arrested person.
The bringing of arrested persons to secret detention places,
solitary confinement and the like is prohibited;
12) The arresting officer shall ensure that the arrested person is free
from torture or physical abuse;
13) If the person arrested without a warrant waives his/her right under
the provisions of Art 125 of the Revised Penal Code, the arresting
officer shall ensure that the former signs a waiver of detention in
the presence of his/her counsel of choice; and
14) If the person arrested waives his/her right against self-incrimination
and chooses to give his/her statement, the arresting officer shall
ensure that the waiver is made in writing and signed by the person
arrested in the presence of a counsel of his/her own choice or a
competent and independent counsel provided by the government.

Arrest with Warrant


The warrant of arrest is the written authority for the arresting officer
when making an arrest or taking of a person into custody in order that
he/she may be bound to answer for the commission of an offense.

The head of the office to whom the warrant of arrest has been delivered for
implementation shall cause the warrant to be implemented within ten
days from receipt. Within ten days after the expiration of such period, the
police officer to whom it was assigned for implementation shall make a
report to the judge who issued the warrant and in case of his/her failure
to implement the same, shall state the reasons thereof.

Warrant of Arrest – is an order in writing in the name of the people of the Philippines signed by
the judge directed the peace officer to arrest the person stated therein.

Procedures in Serving Warrant of Arrest


a) Verify the validity of the Warrant of Arrest;
b) In serving the warrant, the police officer should introduce himself/herself and show proper
identification;
c) The person/s arrested shall be notified as early as practicable, that the arrest is being
recorded with the BWC/ARD and that the arrest is by virtue of the warrant;
d) Make a manifestation of authority against the person to be arrested;
e) If refused entry, the police officer may break into any residence, office, building, and other
structure where the person to be arrested is in or is reasonably believed to be in, after
announcing his/her purpose;
f) The police officer need not have a copy of the warrant in his/her possession at the time of the
arrest. If the person arrested so requires, the warrant shall be shown to the arrested person as
soon as possible;
g) Secure the person to be arrested and use handcuffs for the protection of the arresting officer,
other individuals or the arrested person himself/herself;
h) Conduct thorough search for weapons and other illegal materials on the person arrested and
surroundings within his/her immediate control;
i) Inform the person to be arrested of his/her rights under the law (i.e. Miranda Warning and
Anti-torture Warning);
j) No unnecessary force shall be used in making an arrest;
k) Confiscated evidence shall be properly documented with the chain of custody of evidence
duly and clearly established;
l) Bring the arrested person to the Police Station or office of the arresting unit for
documentation;
m) Make a Return of Warrant to the court of origin (Annex “E”);
n) Deliver the arrested person to the designated jail/prison facility immediately upon the receipt
of the commitment order from the court; and
o) In case of failure to execute the warrant of arrest, the officer to whom it was assigned for
execution shall, within 30 days from such assignment, file a report stating the reasons for such
failure.

Warrantless Arrest
1) A peace officer or a private person may, without a warrant, arrest a person:
a) When, in his/her 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/she has probable cause to believe,
based on personal knowledge of facts or circumstances, that the person to be arrested has
committed it;
c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he/she is serving final judgment or temporarily confined while his/her case is
pending, or has escaped while being transferred from one confinement area to another (The
Revised Rules of Criminal Procedure, rule 113 sec. 5);
d) Where the accused released on bail attempts to leave the country without court permission;
e) Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a
case of evasion of service of sentence; and
f) Arrest following a Deportation Proceeding by the Immigration Commissioner against illegal
and undesirable aliens.
Physical/Medical Examination of Arrested Person/Suspect - Before detention, the person
arrested must be physically/medically examined by a medical doctor preferably of his/her own
choice. If the person
arrested is a female, she shall be attended to preferably by a female medical doctor.
Booking of Arrested Suspect - Booking of arrested suspects shall be undertaken to record
and document the information surrounding the arrest of the suspect.

LAW ENFORCEMENT OPERATIONS AND PLANNING WITH CRIME MAPPING


(Midterm)
SEARCH AND SEIZURE
 Is used to describe a law enforcement agent’s examination of a person’s home, vehicle,
or business to find evidence that a crime has been committed.
 SEARCH involves law enforcement officers going through part or all of an individual’s
property, and looking for specific items that are related to a crime that they have reason
to believe has been committed.
 SEIZURE happens if the officers take possession of items during the search.
SEARCH WARRANT – is an order in writing issued in the name of the Philippines, signed by
the judged and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.

 SHALL BE FILED WITH THE FOLLOWING:


 Any court within whose territorial jurisdiction a crime was committed
 Any court within the judicial region where the crime was committed if the place of the
commission of the crime is known, or any court within judicial region where the warrant
shall be enforced.
 Requisites for the Issuance of Search Warrant
 A search warrant shall be issued only upon probable cause in connection with one
specific offense to be determined personally by the judge after examination under oath
or affirmation of the complainant and the witnesses presented.
 The search warrant shall particularly describe the place to be searched and the things to
be seized which may be anywhere in the Philippines.
 It includes the order requiring the use of at least one BWC
and one ARD, or a minimum of two devices, or such number as may be
necessary to capture and record the relevant incidents during its execution.
1. The following properties may be the objects of a search warrant:
a) Properties which are the subject of the offense;
b) Stolen, embezzled proceeds, or fruits of the offense; and
c) Objects including weapons, equipment, and other items used or intended to be used as
the means of committing an offense.
2. Objects that are illegal per se, even if not particularly described in the search warrant, may be
seized under the plain view doctrine.
NOTE: “Illegal per se” means that an act is inherently illegal. “Per se” means “in itself or
“by itself”. Thus, if an act is categorized as illegal per se, it means that it does not require
any additional proof or surrounding circumstances, such as intent or a criminal mindset.
 Validity of Search Warrant
 The warrant shall be valid for ten days from date of issuance and may be served at any
day within the said period. Thereafter, it shall be void.
 If, in the implementation of the search warrant, its object or purpose cannot be
accomplished in one day, the search shall be continued without let up even if it exceeds
one day or more until completed, provided it is still within the ten-day validity period of
the search warrant.
 If the object or purpose of the search warrant cannot be accomplished within the ten-day
validity period, the responsible police officer conducting the search must file, before the
issuing court, an application for the extension of the validity period of said search
warrant.
 Time of Search
 The warrant should be served during daytime, unless there is a provision in the warrant
allowing service at any time of the day or night.
 Contents of the Application
a) Office applying for the Search Warrant;
b) Name of officer-applicant;
c) Name of the subject, if known;
d) Exact address/place(s) to be searched;
e) Specific statement of things/articles to be seized; and
f) Sketch and/or Picture, if available, of the place to be searched.
g) The availability or unavailability of BWCs to be used in the execution of the warrant. In
case of unavailability, request for authority to use ARDs.
 Authority of Police Officers when Conducting Search
 The authority of the police officer in the conduct of search generally emanates from the
Search Warrant issued by the court. In warrantless searches, there should always be a
prior valid arrest.

 Use of BWC During the Search


 At least one BWC and one ARD or such number as may be necessary to capture and
record the relevant incidents during its execution shall be worn by members of the
searching team. If BWCs are not available, at least two ARDs must be used.
 The BWCs/ARDs shall be activated upon arrival at the place of search, and shall not be
deactivated until the search has been fully concluded and the searching team have left
the premises and returned to the police station.
 Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant
 Houses, rooms, or other premises shall not be searched except in the presence of the
lawful occupant thereof or any member of his/her family or, in the absence of the latter,
in the presence of two witnesses of sufficient age and discretion residing in the same
locality.
 Lawful personal properties, papers, and other valuables not specifically indicated or
particularly described in the search warrant shall not be taken.
 Valid Search and Seizures Without Search Warrant
 Search Made Incidental to a Valid Arrest - A person lawfully arrested may be
searched for dangerous weapons or anything which may be used, or which may
constitute proof in the commission of an offense, without a search warrant. The
warrantless search and seizure as an incident to a lawful arrest may extend beyond the
person of the arrested to include the premises or surroundings under his/her immediate
control.
 Search of Moving Vehicles - If the police officers who will conduct the search have
reasonable or probable cause to believe, before the search, that either the motorist is a
law offender or they will find the instrumentality or evidence pertaining to a crime in the
vehicle to be searched, vehicle may be stopped and subjected to an extensive search.
 Seizure Of Evidence in Plain View - Any object in the plain view is subject to seizure
and may be introduced as evidence.
 Requirements under the Plain View Doctrine are:
 The police officer must have prior justification for an intrusion or, otherwise,
must be in a position from which he/she can view a particular area;
 The discovery of the evidence in plain view is unintentional; and
 It is immediately apparent to the police officer that the item he/she observes
may be evidence of a crime, contraband, or is a valid subject of seizure.

CONDUCT OF CRIME SCENE INVESTIGATION


- The CSI starts from the arrival of the PNP First Responders (FRs) to the arrival of the Duty
Investigator/ IOC and the SOCO-LS Team until the lifting of the security cordon and
release of the crime scene.
 First Responders
 Assess whether the situation still poses imminent danger and call for back up if
necessary.
 Immediately conduct a preliminary evaluation of the crime scene. This evaluation should
include the scope of the incident, emergency services required, scene safety concerns,
administration of life-saving measures, and establishment of security and control of the
scene;
 Promptly inform the immediate commander on any updates of the situation;
 Save and preserve lives by giving the necessary first-aid measures to the injured and
their medical evacuation as necessary. They shall likewise secure and preserve the
crime scene by cordoning off the area to prevent unauthorized entry of persons;
 Take the dying declaration or statement of severely injured person/s
 Make the initial assessment on whether a crime has actually been committed and shall
conduct the preliminary interview of persons of interest and witnesses to determine what
and how the crime was committed;
 Arrest the suspect if present in the area; and
 Turnover the crime scene to the duty investigator/IOC upon his/her arrival after he/she
has been briefed of the situation. The FR shall prepare and submit the First
Responders Report to the IOC and assist him/her until the investigation is completed
and temporarily turned over to the local COP for the continuance of crime scene
security.
 Investigator-On-Case (IOC)
 Make a thorough assessment of the crime scene based on the briefing of the FR;
 Assume full control and responsibility over the crime scene and conduct inquiry into the
incident. If necessary, the IOC may extend the search outside of the crime scene;

 Request SOCO assistance from the PNP CL office through the station TOC if required
 Brief the SOCO TL upon their arrival at the crime scene and jointly conduct the
preliminary crime scene survey
 SCENE OF CRIME OPERATION
 Coordinate with the PNP Legal Service for the filing of appropriate motion for the release
and disposition of submitted evidence after the case is dismissed at the Prosecutor’s
Office or terminated or resolved by the Court.
 Conduct SOCO upon receipt of the request from the concerned police unit;
 Turn over the crime scene to the IOC/COP for security of the area, in case the SOCO
Team temporarily suspends the processing. The COP shall be primarily responsible and
accountable for securing the crime scene and ensuring its integrity until the return of
SOCO Team and the conclusion of the CSI;
 Perform the final crime scene survey together with the IOC and thereafter provide the
IOC the initial results of the crime scene processing; and
 Accomplish the Inventory of Evidence Collected Form and furnish the IOC of copies of
the same before leaving the crime scene.
 Legal Officer
 Make a determination through searching questions to the COP if the crime reported falls
within the definition of Sensational Crime or Serious Election Related Incident (ERI).
 Go to the crime scene involving Sensational Crime and Serious ERI and ensure that the
applicable laws, rules and regulations during the CSI are observed.
 Provide the necessary legal assistance in the preparation of complaint, affidavits and
other pleadings that will be filed before the prosecutor’s office.
 Special SOCO Procedures
 In bombing cases, the EOD personnel should first clear the area prior to entry of the
SOCO Team. The preliminary survey and crime scene processing shall be jointly
conducted by EOD personnel, IOC and SOCO Team.
 In suspected or reported chemical, biological, radiological or nuclear (CBRN)
situations, the SOCO shall directly coordinate with the Special Rescue Team of the BFP
and other appropriate government agencies.
 In mass victim situation, the Regional/District SOCO who has jurisdiction over the
area, in addition to their function, shall act as the FR to the Interim Disaster Victim
Identification Task Group (IDVITG) of the PNP CL.
 The SOCO, in coordination with IOC, has motu proprio authority to direct all operating
units involved in the police operation to submit their respective personnel for forensic
examination, their service firearms for ballistics tests and other pieces of evidence
involved to expedite the investigation of the case.
 Policy Guidelines on Processing of Persons Present at the Crime Scene
during Post-Incident Situations
 Processing, Debriefing and Documentation:
a. Victim c. Witnesses, and
b. Perpetrators d. Key participants in the incident
 Venue of Processing, Debriefing and Documentation – Considering the instability of
the situation, the safety of the responders and persons found at the scene of the crime,
and the preservation of the place of incident, the venue of the processing, debriefing and
investigation shall be at a neutral and secured place.
 Maintenance of Police Blotter
 Each PNP operating unit/station shall maintain two separate police blotters:
1. Blue Blotter - Contains the daily registry of all crime incident reports, official
summaries of arrest, and other significant events reported in a Police Station/Unit.
2. Pink Blotter - Contains the daily registry of all crime incident reports involving
Violence Against Women and Children, Trafficking in Person, and other Gender-
Based Violence such as those provided for in PNP policies and Philippine laws.
 Blotter Procedure
 Crime incidents, arrests or events/activities shall be recorded in the blotter book by the
DO.
 If the report is a crime incident as verified by the DI, he/she shall accomplish the Incident
Record Form (IRF) using Crime Information Reporting and Analysis System (CIRAS)
from which the entry in the blotter book shall be extracted from.
 If the incident falls under the jurisdiction of the Katarungang Pambarangay, it shall al be
recorded but indicated in disposition as referred to Barangay.
 If the crime incident involves Children in Conflict with the Law (CICL), always use a.k.a.
or aliases when writing entries to blue blotter.

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