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Questions and Answers
What is treated as a crime scene?
Why are Police Stations, especially those in far-flung areas, priority targets?
What should duty station guards do with the 11 General Orders?
What should be vigorously implemented in all Police Stations and Police Community Precincts?
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Why is it important to keep in mind the modus operandi of CTs and other threat groups?
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What is the purpose of establishing Advance Security Control Points?
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What should PNP personnel do to be extra vigilant and security conscious?
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What is the purpose of conducting sustained inspections of PNP field units/stations?
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What should personnel assigned to advance security control points do to prevent unauthorized access?
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What is the purpose of police visibility patrols?
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What is the basis for making an arrest, except in instances where the law allows warrantless arrest?
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Who is authorized to issue Warrants of Arrest?
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Is a Warrant of Arrest needed if the accused is already under detention?
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What is issued by the judge in lieu of the Warrant of Arrest?
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What should be avoided when making an arrest?
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When can arrests be made?
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Who can arrest a person without a warrant when they have committed an offense in their presence?
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How long does the head of the office have to implement a warrant of arrest?
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What must a police officer do within 10 days after the expiration of the implementation period?
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Under what circumstances can a private person arrest someone without a warrant?
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What is the written authority of the arresting officer when making an arrest or taking a person into custody?
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Who is exempt from arrest while Congress is in session?
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When can a peace officer arrest someone without a warrant?
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What is the purpose of the warrant of arrest?
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What should a police officer do when serving a warrant of arrest?
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What can a person do to retake an escaped or rescued person?
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What should a police officer do if refused entry when serving a warrant of arrest?
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When is a police officer required to have a copy of the warrant of arrest?
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Why may a police officer use handcuffs when making an arrest?
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What should a police officer do after making an arrest?
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What is important to keep in mind when conducting a search?
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What should a police officer avoid when making an arrest?
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What is required when a person arrested waives their right against incrimination and chooses to give a statement?
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What right does a person arrested have before being interrogated?
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What is required for the issuance of a search warrant?
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What may be the object of a search warrant?
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Who shall conduct the physical examination of a female arrested person?
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What is the purpose of having a counsel present when a person arrested waives their right against incrimination?
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What is the extent of the search warrant's geographic scope?
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What is the purpose of the search warrant particularly describing the place to be searched and the things to be seized?
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Study Notes
Crime Scene Investigation
- Specific areas with armed confrontations between government forces and Communist Terrorists shall be treated as crime scenes.
- The police unit with jurisdiction over the area shall conduct the crime scene investigation.
Security Measures in Police Stations
- Police stations, especially in far-flung areas, are priority targets of attacks and thus require security measures.
- These measures include:
- Being extra vigilant and security conscious in daily activities and troop movements.
- Memorizing, internalizing, and practicing the 11 General Orders of a Duty Guard.
- Always carrying issued long firearms and ammunition rig/bandoliers with basic load.
- Implementing added security measures in police stations and police community precincts.
- Conducting sustained inspections of operational readiness of PNP field units/stations.
- Keeping in mind the modus operandi, strategies, and tactics of Communist Terrorists and other threat groups.
- Enhancing the establishment of Advance Security Control Points to control ingress and egress of people in police stations.
Arrests
- Arrests should only be made on the basis of a valid Warrant of Arrest issued by a competent authority, except in instances where the law allows warrantless arrest.
- No violence or unnecessary force shall be used in making an arrest, and the person to be arrested shall not be subjected to greater restraint than necessary under the circumstances.
- Only judges are authorized to issue Warrants of Arrest.
- A Warrant of Arrest is no longer needed if the accused is already under detention; an Order of Commitment is issued by the judge instead.
Warrant of Arrest
- A Warrant of Arrest is the written authority of the arresting officer when making an arrest or taking a person into custody.
- 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 (10) days from receipt.
- Within ten (10) 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.
Arrests Without a Warrant
- A peace officer or a private person may, without a warrant, arrest a person:
- When, in their presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
- When an offense has just been committed and they have probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it.
- When a person lawfully arrested escapes or is rescued, any person may immediately pursue to retake them without a warrant at any time and in any place within the Philippines.
Procedures for Serving a Warrant of Arrest
- Verify the validity of the warrant and request for an authenticated copy from the issuing court.
- Introduce oneself and show proper identification.
- Make a manifestation of authority against the person to be arrested.
- 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 their purpose.
- The police officer need not have a copy of the warrant in their possession at the time of the arrest.
- Show the warrant to the arrested person as soon as possible.
- Secure the person to be arrested and use handcuffs for protection.
- Conduct a thorough search for weapons and other illegal materials on the person arrested and surroundings within their immediate control.
- Inform the person to be arrested of their rights under the law (i.e. Miranda Warning and Anti-torture Warning).
Physical Examination of Arrested Person/Suspect
- Before interrogation, the person arrested shall have the right to be informed of their right to demand physical examination by a doctor of their own choice.
- If the person arrested cannot afford the services of a doctor of their own choice, they shall be provided by the State with a competent and independent doctor to conduct physical examination.
- If the person arrested is female, she shall be attended to preferably by a female doctor.
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Description
Learn about the procedures for investigating crime scenes, especially those involving armed confrontations, and the security measures required in police stations to prevent attacks.