Introduction to Police Operations

Introduction to Police Operations

• Police is a term derived from the Greek word "polis" meaning "city" or "state".
• Police operations are activities conducted by law enforcement agencies to maintain order and prevent crime.
• Police operations aim to enforce the law, investigate crimes, and protect the public.

Categories of Police Operations

• Preventive Operations: These focus on deterring crime, such as patrols, traffic enforcement, and community outreach.
• Detective Operations: These aim to investigate crimes, gather evidence, and apprehend criminals.
• Special Operations: These involve specific tasks, such as SWAT team deployments, hostage negotiations, and search and rescue efforts.
• Traffic Operations: These aim to regulate traffic flow, enforce traffic laws, and ensure safe driving conditions.
• Internal Operations: These focus on the administration and management of police departments, such as training, staffing, and resource allocation.
• Intelligence Operations: These gather and analyze information related to criminal activities and threats to public safety.
• Public Relations Operations: These aim to improve communication and build trust between the police and the community.

Philippine National Police (PNP)

• The PNP is the national police force of the Philippines.
• It is mandated to enforce the law, maintain peace and order, and protect life and property.

Powers and Functions of the PNP

• Enforcement of Laws: The PNP has the authority to arrest individuals who violate the law, investigate crimes, and prosecute offenders.
• Maintenance of Peace and Order: The PNP is responsible for preventing and suppressing disturbances, riots, and other forms of public disorder.
• Protection of Life and Property: The PNP is tasked with protecting individuals and their property from harm, including from criminals and other threats.
• Enforcement of Traffic Laws: The PNP enforces traffic regulations and ensures safe and orderly transportation.
• Emergency Response: The PNP responds to emergencies such as fires, natural disasters, and accidents.
• Community Relations: The PNP fosters positive relationships with the community through outreach programs and community policing initiatives.
• Investigation of Crimes: The PNP investigates alleged crimes and seeks to apprehend those responsible.
• Intelligence Operations: The PNP gathers and analyzes information related to criminal activities and threats to public safety.

PNP Operational Guidelines

• The PNP uses specific guidelines to ensure effective and ethical police operations.
• These guidelines specify procedures for arrests, searches, seizures, and use of force.

Basic Requirements of Police Operations

• Legal Basis: Police actions must be based on a valid legal authority, such as a warrant or an arrest without a warrant.
• Use of Force: The use of force must be proportionate to the situation and only applied when absolutely necessary.
• Respect for Human Rights: Police officers must always respect the rights of individuals, regardless of their alleged crimes.

Use of Megaphones and Similar Instruments

• During police intervention operations, team leaders should prioritize non-violent methods.
• The use of loudspeakers or megaphones is encouraged to warn or influence suspects to surrender peacefully.
• The PNP prohibits warning shots during police operations.

The Use of Force Continuum

• The use of force continuum is a framework that outlines the escalating levels of force that a police officer may use in a given situation.
• The continuum is used to determine which level of force is justified based on the severity of the threat and the potential harm to the officer and others.
• The three approaches to the use of force continuum are the Escalation of Force Model, the Continuum of Force Model, and the Force Options Model.

Use of Firearms During Police Operation

• Firearms should only be used as a last resort and when it is justifiable based on the threat level and the potential for harm.
• The PNP has specific rules regarding the use of firearms during police operations, including the requirement for warning shots and the authorization for deadly force.

Modes of Arrest

• Arrest with a Warrant: An arrest warrant is a legal document issued by a judge that authorizes the police to apprehend a suspect.

• Arrest Without a Warrant: An arrest without a warrant is lawful under certain circumstances specified by law.

Execution of the Warrant of Arrest

• The arresting officer must have a valid warrant of arrest.
• The warrant must specify the name of the person to be arrested and the crimes with which they are charged.
• The arresting officer must present the warrant of arrest to the person being arrested.
• The person being arrested must be informed of their Miranda rights.

Authority of the Arresting Officer when Making an Arrest

• The arresting officer has the authority to use reasonable force to effect the arrest if the suspect resists.
• The officer can search the person being arrested for weapons or evidence related to the crime.
• The officer must ensure the safety of the person being arrested, as well as the safety of other individuals.

Body-Worn Cameras: Rules On The Use of Body-Worn Cameras In the Execution Of Warrants (A.M.NO. 21-06-08-SC)

• The use of body-worn cameras during the execution of warrants is required.
• Cameras must be activated upon arriving at the location of the warrant.
• Recording must be continuous throughout the execution of the warrant.
• The footage captured by the camera must be securely stored.

Effect of Failure to Observe the Body Worn Camera Rules

• Failure to comply with the body-worn camera rules can result in disciplinary action against the officers involved.
• Evidence obtained during the execution of a warrant, when body-worn cameras were not used properly, may be rendered inadmissible in court.

Persons Not Subject to Arrest/Immunity From Arrest

• Members of Congress are immune from arrest for any offense, except treason, felony, or breach of the peace, while in attendance at Congress or going to and returning from it.
• Ambassadors and other foreign diplomatic officials have diplomatic immunity, which protects them from arrest or prosecution in the host country.

Miranda Rights

• An individual arrested for a crime has the right to remain silent.
• The individual has the right to an attorney.
• The individual has the right to have a lawyer present during questioning before interrogation.

Arrest Without a Warrant

• Arrest in Hot Pursuit: An officer may arrest a person without a warrant if they have probable cause to believe that the person committed a crime and the officer is pursuing the suspect.
• Arrest for Offense Committed in Officer’s Presence: An officer may arrest a person without a warrant if the officer witnessed the person commit a crime.
• Arrest for Offense Committed in Officer’s Presence: An officer may arrest a person without a warrant if the officer witnessed the person commit a crime.

Methods of Arrest

• Passive Arrest: This involves restraining a suspect without the use of force. The officer may ask the suspect to put their hands up or on the ground, handcuff them, and ensure their safety.
• Active Arrest: This involves the use of force to subdue a resistant suspect.
• Constructive Arrest: This method involves restraining a suspect's freedom of movement without physically touching them, such as by blocking their exit.

Duties of the Arresting Officer

• Identify Themselves: An officer making an arrest must identify themselves as a law enforcement officer.
• Inform the Suspect of the Reason for Arrest: The suspect must be told the reason for their arrest.
• Read Miranda Rights: The suspect must be read their Miranda rights, which include the right to remain silent and the right to an attorney.
• Handcuff and Secure: The suspect must be handcuffed to prevent them from escaping or resisting.
• Search the Suspect: The suspect may be searched to ensure safety and to recover weapons or evidence.
• Transport to Police Station: Suspects are usually transported to the police station for booking.
• Document the Arrest: The arrest must be documented, including the suspect's name, address, the reason for arrest, the time of arrest, and other relevant information.
• Prevent Escape: The arresting officer must take all necessary steps to prevent the suspect's escape.
• Bring the Suspect Before a Judge: The suspect must be brought before a judge within a certain time frame.
• Inform the Suspect of Their Rights: The suspect must be informed of all of their legal rights.
• Provide Due Process: The suspect must be treated fairly and with due process during the arrest and subsequent legal proceedings.
• Ensure Safety: The arresting officer must ensure the safety of the suspect and other individuals involved.

Booking of the Arrested Suspect

• Policy and Guidelines: The PNP has specific policies and guidelines in place for booking arrested suspects.
• Functions, Procedures, and Responsibilities: Different personnel have specific roles and duties during the booking process. These may include record keeping, fingerprinting, photographs, and processing personal belongings, among others.
• Evidence Collection: Evidence is collected during booking and is documented according to protocol.

Search Warrant

• Validity of Search Warrant: A search warrant is a legal document issued by a judge allowing law enforcement to conducted a search for evidence.
• Modes of Search: A search may be conducted with an official warrant or with a valid exception to the warrant requirement.
• Time of Making Search: This is specified in the warrant and should be considered in order to comply with legal requirements.
• Body-worn Cameras: Use of body-worn cameras in conjunction with a search warrant is now required.

Effect of Failure to Observe the Body Worn Camera Rules

• Similar to arrests, failure to adhere to body-worn camera rules could result in disciplinary action and potentially inadmissible evidence.

Properties to be Seized

• The search warrant clearly specifies the items to be seized.
• Items beyond this scope are off-limits.
• The seized items must be documented, with their description and location noted.

Witness to Search Rule

• There must be a witness present at the search, ideally a person unrelated to law enforcement.

Issuance of Property Receipt

• A receipt must be provided for any items seized during the search.

Valid Warrantless Search and Seizure

• Search Incident to Lawful Arrest: A warrantless search is permissible if the search is conducted immediately following lawful arrest.
• Plain View Doctrine: If an officer is legally in a place and observes contraband or evidence in plain view, the officer may seize it.

Other Valid Warrantless Searches

• Consent: A warrantless search is valid if the individual consents to the search.
• Stop and Frisk: If an officer has reasonable suspicion to believe a person is committing a crime, they can stop them and pat down their outer clothing for weapons.

Checkpoints

Types of Checkpoints

• Fixed Checkpoints: Fixed checkpoints are set up at a specific location and remain in place for a set period of time.
• Mobile Checkpoints: Mobile checkpoints are randomly positioned throughout the jurisdiction.

Checkpoint Team

• The checkpoint team is typically composed of a lead officer, a record keeper, and at least one other officer to assist with searches and questioning.
• Other officers from different departments may be present.

Salient Guidelines in Checkpoints

• Checkpoints must be set up for a legitimate police purpose, such as preventing crime, gathering information, or ensuring public safety.
• The location of the checkpoint should be chosen in a way that minimizes disruption to traffic flow.
• All vehicles entering the checkpoint area must be stopped. The occupants of the vehicle must present valid identification.
• Cars and people should be searched only with probable cause or reasonable suspicion.
• The search should be conducted in a manner that respects the dignity of the individual.
• The search should be conducted in plain view of the individual being searched.

Classification of Police Functions

• Police functions can be grouped into three broad categories:
• Preventive Function: This aims to deter crime before it occurs (e.g., patrols, community outreach).
• Detective Function: Focuses on investigating crimes and apprehending suspects (e.g., investigation, surveillance).
• Protective Function: Involves protecting the community from harm (e.g., traffic enforcement, emergency response).

Introduction to Police Operation

• Police operations are the actions taken by law enforcement officers to deter and prevent crime, maintain order, and protect life and property.
• The word "police" comes from the Greek word polis, meaning "city".
• Categories of police operations:
  • Preventive Patrol: Routine patrol to deter crime and maintain order.
  • Traffic Enforcement: Managing traffic flow, enforcing traffic laws, and responding to traffic accidents.
  • Criminal Investigation: Gathering evidence, identifying suspects, and solving crimes.
  • Special Operations: Highly specialized activities like hostage negotiations, SWAT, counterterrorism, and drug enforcement.
  • Community Policing: Building relationships with the community to improve trust and solve problems.
  • Cybercrime Investigations: Combating internet-related crime including fraud, extortion, child exploitation, and cyberbullying.
  • Internal Affairs: Investigating misconduct by police officers.

Philippine National Police (PNP)

• The PNP is the national police force of the Philippines, responsible for maintaining peace and order.
• Powers and functions of PNP:
  • Prevent and suppress crimes: Proactively stopping crime through patrol, surveillance, and investigations.
  • Maintain peace and order: Keeping public areas safe and free from disturbances.
  • Enforce laws and ordinances: Ensuring compliance with all relevant laws and regulations.
  • Protect life and property: Safeguarding people and their possessions from harm.
  • Arrest violators: Taking suspects into custody when there is probable cause.
  • Investigate crimes: Conducting thorough inquiries to gather evidence and identify suspects.
  • Conduct search and seizure: Obtaining and executing warrants to search and seize evidence.
  • Submit reports: Providing regular updates on their operations and crime statistics.

PNP Operational Guidelines

• Officers must adhere to the highest standards of professional conduct, ethical principles, and human rights during all operations.
• Basic requirements of police operations:
  • Planning and coordination: Officers must carefully plan operations and coordinate with other agencies.
  • Intelligence gathering: Collecting accurate and reliable information to guide operational decisions.
  • Effective communication: Officers must communicate effectively with each other, the public, and other stakeholders.
  • Use of force: The use of force is only justified when necessary and proportionate to the threat.

Use of Megaphones and Similar Instruments

• The use of warning shots during police intervention operations is strictly prohibited.
• Instead, officers should use peaceful means, such as megaphones or other instruments, to warn or influence offenders/suspects to surrender.

Three Approaches on the Use of Force Continuum

• Verbalization: Communicating clearly and calmly to gain compliance.
• Physical Control: Using physical techniques to restrain a suspect.
• Deadly Force: Using force that is likely to cause serious injury or death, which is permitted only as last resort.

Use of Firearm During Police Operations

• The use of firearms is only permitted in specific circumstances, such as:
  • Self-defense or defense of others when there is an immediate threat of death or serious injury.
  • To prevent the escape of a suspect who poses a serious threat to public safety.
  • To apprehend a suspect who is actively resisting arrest or attempting to escape.
• Officers using firearms must ensure that their actions are legal, justified, proportionate, and that all available alternatives have been exhausted.

Basic Police Operations

Modes of Arrest

• An arrest is the seizure of a person by lawful authority to answer for a criminal offense.
• Modes of arrest:
  • Arrest by virtue of warrant: Arresting an individual based on a valid warrant issued by a judge.
  • Arrest without a warrant: Arresting an individual without a warrant, based on certain legal grounds.

Execution of the Warrant of Arrest

• The arresting officer must identify themselves and present the warrant of arrest to the suspect.
• The suspect must be informed of the charges against them and their constitutional rights.
• The arresting officer must record information about the arrest, including the date, time, and location of the arrest.

Authority of the Arresting Officer when Making an Arrest

• The arresting officer has the authority to use reasonable force to effect the arrest.
• They may use deadly force only if it is necessary to prevent the escape of the suspect or to protect themselves or others.
• They must ensure the suspect's safety and well-being.

Rules on the Use of Body-Worn Cameras in the Execution of Warrants (A.M.NO. 21-06-08-SC)

• Body worn cameras must be activated throughout the execution of warrants, including searches.
• The camera must be properly recording audio and video.
• An officer should inform the suspect that they are being recorded.
• The footage must be properly stored and preserved as evidence.

Effect of Failure to Observe the Body Worn Camera Policy

• Failure to comply with the body worn camera policy can lead to disciplinary actions or even criminal charges.

Persons Not Subject to Arrest/Immunity from Arrest

• Congress members: They cannot be arrested for offenses committed during a Congressional session.
• Ambassadors and diplomats: They enjoy diplomatic immunity.
• Consular officers: They enjoy consular immunity, but they may be arrested if they commit a crime in the receiving state (the country where they are posted).

Miranda Rights

• Suspects must be informed of their constitutional rights, including:
  • The right to remain silent.
  • The right to have an attorney present during questioning.
  • The right to have an attorney appointed by the court if they cannot afford one.

Arrest Without a Warrant

• An arrest without a warrant is allowed in certain circumstances, such as:
  • When the offense was committed in the presence of the arresting officer.
  • When the offense was committed outside the officer’s presence but the officer has probable cause to believe the suspect committed the crime.
  • When the suspect is escaping from custody or is in danger that they might escape.

Methods of Arrest

• Methods of arrest:
  • Actual arrest: Physically seizing the suspect and taking them into custody.
  • Constructive arrest: Placing the suspect under the control of the arresting officer, without physically restraining them.
  • Habeas corpus: A legal process where the court can order the release of a person who is being unlawfully detained.

Duties of the Arresting Officer

• The arresting officer has a number of duties, including:
  • To make sure that the suspect is informed of their rights.
  • To inform the suspect of the reason for the arrest.
  • To take the suspect to the police station or jail.
  • To ensure that the suspect is properly booked.
  • To collect evidence related to the arrest.
  • To inform the suspect of their right to bail.
  • To provide the suspect with access to a lawyer.
  • To complete a detailed report of the arrest.
  • To ensure the safety of the suspect and the arresting officer.
  • To respect the suspect’s human rights.
  • To ensure that the suspect is treated fairly and with respect.

Booking of the Arrested Suspect

Policy and Guidelines

• Booking is the process of formally recording the arrest and the suspect's information into the police records.
• Policy and guidelines for booking:
  • The officer must receive a copy of the arrest warrant.
  • The arrested person is photographed and fingerprinted.
  • Their personal effects and belongings are inventoried and secured.
  • The officers must ensure that the suspect is safe and treated humanely.
  • The booking officer should ensure that everything has been properly recorded and entered into the system.

Functions, Procedures, and Responsibilities of Booking Personnel

• Functions, procedures, and responsibilities of booking personnel:
  • Booking Officer: Responsible for processing and recording the arrest.
  • Custodial Officer: Responsible for the security and safety of the suspect in detention.
  • Property Officer: Responsible for the handling and storage of the suspect's property.
  • Medical Officer: Responsible for providing medical attention to the suspect, if needed.
  • Investigating Officer: Provides information about the charges filed against the suspect.

Search Warrant

• A search warrant is a court order that authorizes police to search a specific location or person for evidence of a crime.
• The warrant must be based on probable cause and describe the place to be searched and the things to be seized.

Validity of Search Warrant

• A search warrant is only valid for a specific period of time and can only be executed at the described location and under the specified conditions.

Modes of Search

• Modes of search:
  • Full search: Searching the entire location or person.
  • Limited search: Searching specific areas based on probable cause.

Time of Making Search

• Warrants must be executed within a reasonable time frame and only during daylight hours unless approved by a judge.

Rules on the Use of Body-Worn Cameras in the Execution of Warrants (A.M.NO. 21-06-08-SC)

• Body-worn cameras must be activated throughout the execution of search warrants, including the search itself and the seizure of property.
• The camera must be properly recording audio and video.
• An officer should inform the person being searched that they are being recorded.
• The footage must be properly stored and preserved as evidence.

Effect of Failure to Observe the Body Worn Camera Policy

• Failure to comply with the body worn camera policy can lead to disciplinary actions or even criminal charges.

Properties to be Seized

• The search warrant specifies the items to be seized, which should be directly related to the alleged crime.
• Items seized should be properly documented and placed in evidence bags.

Witness to Search Rule

• A warrantless search is illegal if the suspect is not aware they are being searched, it should be conducted in the presence of a neutral witness.

Issuance of Property Receipt

• After a seizure, the officers must provide a property receipt to the owner of the property being seized.

Valid Warrantless Search and Seizure

• Warrantless searches are generally prohibited but there are exceptions:

Plain View Doctrine

• The “plain view” doctrine allows police to seize evidence that is in plain view, even without a warrant, under certain conditions:
  • The officer must have a legal right to be in the location where they saw the evidence.
  • The evidence must be immediately apparent as contraband or related to a crime.

Other Warrantless Searches

• Consent: An individual may consent to a search of their property.
• Stop and frisk: A brief detention and pat-down of a suspect for weapons.
• Exigent circumstances: When there is an immediate threat of danger or evidence is about to be destroyed.

Types of Checkpoints

• Checkpoint types:
  • Random Checkpoints: Checking vehicles at random for violations.
  • Specific Checkpoints: Targeting specific areas or times to address particular problems, such as drunk driving or drug trafficking.

Composition of Checkpoint Team

• Checkpoint team composition:
  • Supervising Officer: Overlooks the checkpoint.
  • Checkers: Stop vehicles and ask for documents.
  • Designated Officer: May conduct a thorough search of a vehicle if there is reasonable suspicion, based on the checkpoint objective.
  • Support Officer: Acts as support to the checkpoint team.

Salient Guidelines in Checkpoints

• Checkpoints should be properly authorized.
• They must be conducted in a non-discriminatory manner.
• The scope of the search should be limited to the specific objective of the checkpoint.
• Officers should use polite and respectful language.
• They should be prepared for potential resistance.

Classification of Police Functions

• Classification of police functions:
  • Preventive Policing: Preventing crime by identifying risk factors and addressing them.
  • Reactive Policing: Responding to crime incidents after they have occurred.
  • Problem-Oriented Policing: Identifying specific crime problems and developing solutions.
  • Community Policing: Building collaborative relationships with the community to find solutions.

This quiz covers the essential aspects of police operations, including their definitions, categories, and objectives. Explore various types of operations conducted by law enforcement agencies, such as preventive and detective operations. Understand the importance of these functions in maintaining public order and safety.