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LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPING Introduction Law enforcement is a term for the activities of some members of government who act is an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms governin...

LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPING Introduction Law enforcement is a term for the activities of some members of government who act is 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 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 in order to serve or protect the illegal activity of a particular person, group or criminal syndicate. To Observe Human Rights and Dignity of Person All PNP personnel shall respect the human rights and dignity of the suspect/s during police operations. police uniform, attire and accessories Agency Prescribed Uniform A police officer shall always wear the agency prescribed uniform which is appropriate for the kind of police operation to be undertaken. Appearing before the Public When wearing the police uniform, a police officer shall, at all times, appear presentable, smart and well-groomed. While on actual patrol duties, he shall refrain from eating along the sidewalks, smoking and reading newspapers. Carrying of Police Notebook, Pen and Miranda Warning Card Every police officer on patrol, whether on board a vehicle or on foot patrol, must always carry with him a police notebook, a pen and the Miranda Warning Card. The notebook, which is approximately pocket-sized, will be used to inscribe important events that transpire during his tour of duty. Carrying of Non-Lethal Weapon in the Police Rig Every police officer shall carry in his prescribed rig a nonlethal weapon (pepper spray, baton or stun gun), which shall be primarily used in a non-armed confrontation with an uncooperative and unruly offender during the arrest. CATEGORIES OF POLICE OPERATIONS. Police operations are categorized as follows. Public Safety Operation includes Search, Rescue and Retrieval Operations, Fire Drills, Earthquake Drills and similar operations that promote public safety Law Enforcement Operation-includes Service of Warrant of Arrest, Implementation of Search Warrant, Enforcement of Visitorial Powers of the Chief, Philippine National Police and Unit Commanders, Anti-Illegal Drugs Operation, Anti-llegal Gambling Operations, Anti-Illegal Logging Operations, Anti-Illegal Fishing Operations, AntiCarnapping Operations, Anti-Kidnapping Operations. Anti-Cyber Crime Operations and similar operations that are conducted to enforce laws, statutes, executive orders and ordinances Internal Security Operation includes Counter- Insurgency Operations, Counter Terrorist Operations and similar operations that are conducted to ensure internal security. Special Police Operation ineludes Checkpoint Operation, Roadblock Operation, Civil Disturbance Management Operation, Police Assistance in the Enforcement of Demolition Eviction Injunction and Similar Orders, Police Assistance in the Implementation of Final Court Order and Order from Quasi-Judicial Bodies. Hostage Situation, Visit Board Search and Seizure Onboard Marine Vessels and similar police operations that are conducted by police units with specialized training on the pecxillarity of the mission or purpose. Intelligence Operation includes Surveillance Operation, Counter intelligence, Intelligence Research, Intelligence Assessment and similar police intelligence operation conducted to gather information related to security. Public safety and order. Investigation Operation -- includes Investigation of Crime or Incident, Administrative Investigation and similar investigative work necessary to determine facts and circumstances for filing cases criminally or administratively. Scene of the Crime Operation (SOCO) -- includes the processing of crime scene, technical and forensic examination of evidences and similar scientific investigative assistance. REQUIREMENTS OF POLICE OPERATIONS Basic Requirements Police operations like arrest, search and seizure, checkpoint, roadblocks, demolition and civil disturbance management shall be conducted as follows: a. with a marked police vehicle; b. Led by a Police Commissioned Officer (PCO); and c. With personnel in prescribed police uniform or attire Use of Megaphones and Similar Instruments During actual police intervention operations, the Team Leader shall use peaceful means including the use of megaphones or any other similar instruments to warn or influence the offender/s or suspect/s to stop and/or peacefully give up Warning Shots Prohibited The police shall not use warning shots during police intervention operations. O USE OF FORCE DURING POLICE OPERATIONS Use of Excessive Force Prohibited The excessive use of force during police operation is prohibited. However, in the lawful performance of duty, a police officer may use necessary force to accomplish his mandated tasks of enforcing the law and maintaining peace and order, Issuance of Verbal Warning The police officer must first issue a verbal warning before he could use force against an offender. As far as practicable, the verbal warning shall be in the dialect that is known to the offender or in the national language. Basically the verbal warning shall consist of the following: the Police officer identifying himself; his intention; and what he wants the offender to do. If the offender is a foreigner, the verbal warning shall be done in the English language followed by a demonstrative act of the police officer's intent. The verbal warning shall be done in a loud and clear manner. Non-Issuance of Verbal Warming When Excusable The failure to issue a verbal warning is excusable in cases where threat to life or property is already imminent, and there is no other option but to use force to subdue the offender. Use of Non-Lethal Weapon When suspect is violent or threatening, and that less physical measures have been tried and deemed inappropriate, a more extreme, but non-deadly measure can be used such as baton/truncheon, pepper spray, stun gun and other nonlethal weapon to bring the suspect under control, or effect an arrest Application of Necessary and Reasonable Force During confrontation with an armed offender, only such necessary and reasonable force should be applied as would be sufficient to overcome the resistance put up by the offender, subdue the clear and imminent danger posed by him, or to justify the force/act under the principles of self-defense, defense of relative, or defense of stranger. Factors to Consider in the Reasonableness of the Force Employed A police officer, however, is not required to afford offender/s attacking him the opportunity for a fair or equal struggle. The reasonableness of the force employed will depend upon the number of aggressors, nature and characteristic of the weapon used, physical condition, size and other circumstances to include the place and occasion of the assault. The police officer is given the sound discretion to consider these factors in employing reasonable force. Responsibility of the Police Officer in Charge of the Operation The police officer who is in charge of the operation shall, at all times, exercise control over all police personnel in the area of operation, and shall Exhaust all possible means to apply the necessary and reasonable force to protect lives and properties during armed confrontation. RULE 8. USE OF FIREARM DURING POLICE OPERATIONS 8.1 Use of Firearm When Justified The use of firearm is justified if the offender poses imminent danger of causing death or injury to the police officer or other persons. The use of firearm is also justified under the doctrines of self-defense, defense of a relative, and defense of a stranger. However, one who resorts to self-defense must face a real threat on his life, and the peril sought to be avoided must be actual, imminent and real. Unlawful aggression should be present for self-defense to be considered as a justifying circumstance. Firing at Moving Vehicles Prohibited But with Exceptions 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, and that the use of firearm does not create a danger to the public and outweighs the likely benefits of its non-use Parameters to be Considered in Firing at Moving Vehicles In fi ring 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/s to harm with certainty the police officer or other persons; and c. Accessibility or the proximity of the suspect/s from the police officer and other persons. Filing of an incident Report After the Use of Firearm A police officer who fires his service firearm or weapon during a confrontation with an offender or offenders must submit an incident report outlining the circumstances necessitating the use of his firearm. Procedures After an Armed Confrontation Immediately after an armed confrontation, the officer who is in charge of the operation shall: a\. Secure the site of confrontation; b\. Take photographs; c\. Check whether the situation still poses imminent danger; d\. Evacuate the wounded to the nearest hospital; e\. Ensure that all persons who died on the spot are not moved from their original position: f\. Arrested suspects should be kept in isolation: g\. G. Conduct debriefing on all involved PNP operatives: h\. Submit After-Operations Report, and 1\. Ensure psychological stress counseling for fill involved PNP operatives, Guidelines and Procedures when Responding to Calls for Police 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 possibility of 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. If the suspects or criminals have fled the scene before the arrival of the patrol tearn, 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, When responding to street fights/brawls, the patrol member should call for Tack-sup before intervening. 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 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 Do not attempt to arbitrate and resolve conflicts/ differences between neighbors/landlords/tenants, husband and wife. SPOT CHECKS/ACCOSTING AND PAT-DOWN SEARCHES Grounds for Spot Check/Search 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: He appearance or demeanor of the individual suggests that he is part of a criminal enterprise or is engaged in a criminal act; The actions of the individual suggest that he is Engaged in a criminal activity; Questionable presence of the individual in the area: The subject is carrying a suspicious object; The suspect's clothing bulges in a manner that Suggests he is carrying a weapon; The suspect has been found in the time and place proximate to an alleged crime; The police officer has knowledge of the suspect's prior criminal record involvement in criminal activity, and or ( The individual flees at the sight of a police officer. A. 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: 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; Where the police officer handles several suspects; The time of the day and the location where the patdown search took place; Prior knowledge by the police officer of the suspect's use of force and/or propensity to carry deadly weapons; The appearance and demeanor of the suspect; Visual indications suggesting that the suspect is carrying a firearm or other deadly weapon; and Whenever possible, pat-down searches should be performed by police officers of the same gender. PROCEDURES AND GUIDELINES 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. \(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 When reasonable suspicion justifies a pat-down search, the search should be performed with due Caution, restraint, and sensitivity. Pat-down Searches should be conducted in the following Manner Whenever possible, pat-down searches should be conducted by at least two (2) police officers, one to perform the search while the other provides protective cover Because pat-down searches are cursory in nature, They should be performed with the suspect in a Standing position, or with hands placed against a stationary object, and feet spread apart. However, should an officer visually observe a weapon, a more secure search position may be used like the prone (lying face down) pasition. In a pat-down search, officers are permitted only to Feel the outer clothing of the suspect. Police officers may not place their hands inside the pockets of the subject's clothing unless they feel an object that could probably be a weapon, such as a gun, knife, club, or the like.. If the external patting of the suspect'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 amounts to a violation of the law, the police officer shall arrest the suspect and conduct a complete search of his person. Reporting after the Spot Check/Accosting or Pat-Down Search. If after conducting a spot check/accosting or pat- down search, the police officer has no basis for making an arrest, he should record the facts of such spot check/accosting or pat-down search and forward a report to the appropriate authority. If the spot check/accosting or pat-down search gives a Justification for a valid warrantless arrest, then an arrest shall be made. RULE 11 CHECKPOINT AUTHORITY TO ESTABLISH CHECKPOINTS Checkpoint is a place where the police check vehicular/ pedestrian traffic in order to enforce circulation control measure and other laws, orders, and regulations. The establishment of checkpoints must always be authorized by the Head of Office of the territorial PNP Unit and manned by uniformed PNP personnel. Other units directly involved in an operation may establish mobile checkpoints in coordination with the Unit Commander in the area. PROCEDURE IN THE CONDUCT OF REGULAR POLICE CHECKPOINT a\. Unit Commanders should inform Higher Headquarters (HHQs) Tactical Operations Center (TOC) and coordinate with adjacent units, such as MPS, CPS, NSUs, Public Safety Company Forces and other friendly forces, personally or through an official representative, before commencing with the checkpoint to avoid misencounter and any untoward incident b\. The TL shall brief the PNP personnel, as well as the civilian components present, including the media regarding the proper conduct of the checkpoint and their assigned tasks prior to their deployment; c\. The TL shall initially account for the PNP personnel and check if they are in the prescribed uniform. PNP personnel conducting the checkpoint shall display their nameplates at all times. If wearing a jacket, the flap of the jacket bearing their names should also be displayed. Likewise, the equipment will include, but not limited to, the following: (1)Marked Patrol vehicles; \(2) Firearms with basic load of ammunition; \(3) Handheld and vehicle base radios; \(4) Flashlights; \(5) Megaphone; \(6) Video camera; and \(7) Signage a\. Warning signs: (e.g., Slowdown Checkpoint Ahead, Checkpoint 20 Meters Ahead, etc); and b\. Information signs: Name of the Unit and TL. c\. The Spotter of the team will be pre-positioned in a place where he can best point/profile suspected vehicles prior to their approach to the checkpoint; d\. point/profile suspected vehicles prior to their approach to the checkpoint; e\. Search/Arresting Sub-Team shall flag down suspected vehicles and conduct search, seizure and arrest, if necessary, f\. In the event of seized drugs, the team having initial custody and control of the drugs shall immediately conduct physical inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and DOJ, any elected public official who shall be required to sign the copy of the inventory and be given a copy thereof; g\. Arrested persons and seized items shall be turned over to the investigation sub-team for documentation and proper disposition; h\. In the event that the checkpoint is ignored, and the occupants of the vehide open fire on the personnel manning the checkpoint, reasonable force to overcome the suspects\' aggression may be employed;