Gapan City College Law Enforcement Operations and Planning PDF

GAPAN CITY COLLEGE City Hall Compound, Bayanihan, Gapan City, Nueva Ecija, Philippines 3105 Department of Criminal Justice...

GAPAN CITY COLLEGE City Hall Compound, Bayanihan, Gapan City, Nueva Ecija, Philippines 3105 Department of Criminal Justice Education LAW ENFORCEMENT OPERATIONS AND PLANNING WITH CRIME MAPPING INTRODUCTION The course covers the study of Planning and Steps in Police Operations, Article III of the 1987 Constitution, Republic Act 7438, Rule 113 of the Rules of Court, Rule 126 of the Rules of Court, UN Convention on Civil and Political Rights Rule 110 of the Rules of Court, Principles of Law Enforcement operations. Guidelines in the Management of Disaster and Relief Operations; Methods and Procedure in crime scene preservation; and Crime Mapping (Computer Statistics) in the law enforcement operations and criminal justice The course will help the student understand the Police operation procedures and familiarize with the rights of the accused detained or under investigation and memorize the rules of arrest to avoid any violation of the law if they will practice their profession in the future. This course also helps the student familiarize themselves with the methods and procedures in the management of disaster and relief operation and the methods and procedures in the protection of crime scene to ensure the validity of crime scene processing and to get the best evidence to be presented in court to give justice to the victims The course also helps the student understand crime mapping in the field of law enforcement CHAPTER I. INTRODUCTION TO POLICE OPERATION What is POLICE? Police is a body of armed men, which as an institution, can exercise its duties by armed physical forces to preserve peace and order, detection of crime, and the execution of laws (Castillio, R., and Flores Jr., A.D., 2022, p. 11). They are a body of officers representing the civil authority of the government, and are responsible for maintaining public order and safety, enforcing the law, and preventing, detecting, and investigating criminal activities (Kelling, 2021). ORIGIN OF THE WORD POLICE The word “POLICE” came from Greek word “POLIS” which means “city-state”. Another Greek word “POLITEIA” which means “government of the city” The Roman changed the word slightly to “POLITIA” which means “condition of the state or Government. The French changed the word to “POLICE” which means a person who enforced the law and it was later adopted by the English Language What is Police Operation? Police operations are defined as the job duties, responsibilities, and activities that law enforcement agents complete in the field. (Police Operations: Theory & Practice, 2017) CATEGORIES OF POLICE OPERATIONS 1. Public Safety Operation- includes Search, Rescue and Retrieval Operations, Fire Drills, Earthquake Drills and similar operations that promote public safety. 2. 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-Illegal Gambling Operations, and similar operations that are conducted to enforce laws, statutes, executive orders and ordinances. 3. Internal Security Operation - includes Counter-Insurgency Operations, Counter Terrorist Operations and similar operations that are conducted to ensure internal security. 4. Special Police Operation-includes Checkpoint 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, Hostage Situation, and similar police operations that are conducted by police units with specialized training on the peculiarity of the mission or purpose. 5. 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. 6. 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 7. Scene of the Crime Operation (SOCO) - includes the processing of crime scene, technical and forensic examination of evidences and similar scientific or investigative assistance. PHILIPPINE NATIONAL POLICE The Philippine National Police (PNP) is the civilian national police force of the Philippines (Official Gazette, n.d.). It is a community and service-oriented agency responsible for the maintenance of peace and order and public safety. It is national in scope and civilian in character administered and controlled by a national police commission. (Section 2, RA 8551) POWERS AND FUNCTIONS OF PNP The following are powers and functions of the PNP (Section 24, RA 6975): 1. Enforce all laws and ordinances relative to the protection of lives and properties; 2. Maintain peace and order and take all necessary steps to ensure public safety; 3. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution; 4. Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws; 5. Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution; 6. Issue licenses for the possession of firearms and explosives in accordance with law; 7. Supervise and control the training and operations of security agencies and issue licenses to operate security agencies, and to security guards and private detectives, for the practice of their professions; and 8. Perform such other duties and exercise all other functions as may be provided by law. PNP OPERATIONAL GUIDELINES According to the Revised PNP Police Operational Procedure (2021), all PNP personnel shall respect and uphold the human rights and dignity of all persons at all times. 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 (POP Manual, 2021): 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- All PNP personnel shall respect and uphold the human rights and dignity of all persons at all times. BASIC REQUIREMENTS OF POLICE OPERATIONS With a marked police vehicle; Led by a Police Commissioned Officer (PCO) 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. The police shall not use warning shots during police intervention operations. USE OF FORCE POLICY In the lawful performance of duty, a police officer shall use necessary and reasonable force to accomplish his/her mandated task of enforcing the law and maintaining peace and order. However, a police officer is not required to afford the offender/s attacking him/her the opportunity for a fair or equal struggle. The necessity and reasonableness of the force employed will depend upon the following (POP Manual, 2021, Section 2-4): 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. During confrontation with an armed offender, only such necessary and reasonable force shall be applied as would be sufficient to overcome the aggression by the offender; subdue the clear and imminent danger posed by him/her; or to justify the force/act under the principles of self- defense, defense of relative, defense of stranger or fulfillment of duty. The excessive use of force to arrest or immobilize the suspect during police operation is prohibited (POP Manual, 2021, Section 2-4). Three Approaches on The Use of Force Continuum The Force Continuum' is a linear-progressive decision-making process which displays the array of police reasonable responses commensurate to the level of suspect/law offender's resistance to effect compliance, arrest and other law enforcement actions. There are three (3) approaches on the Use of Force Continuum, they are (POP Manual, 2021, Section 2-4. 2.9): 1. Non-Lethal Approach - This involves the police presence in crime-prone areas and the employment of activities or actions to persuade and/or request cooperation of people particularly suspects and law offenders to police instructions and other control efforts. 2. Less Lethal Approach - This involves the employment of less lethal equipment that does not cause serious injury and/or death and that less physical measures have been tried and deemed inappropriate purposely to ensure cooperation, compliance or surrender. The age, gender and health condition of offenders shall be considered before the employment of less lethal equipment. 3. Lethal Approach - This involves the employment of lethal equipment usually as a last resort. Lethal force will only be employed when all other approaches have been exhausted and found to be insufficient to thwart the life-threatening actions or omissions posed by armed suspect or law offender. This approach carries with it the greater responsibility as it may result in severe injury and serious bodily harm and/or death. Use of Firearm During Police Operations The use of a 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 firearms is also justified under the doctrines of self-defense, defense of a relative, and defense of a stranger. The police shall not use warning shots during police operation except when the police officer is outnumbered and overpowered, and his/her life and limb is in imminent danger (POP Manual, 2021, Section 2-5). 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 other person, and that the use of firearm does not create any danger to the public and outweighs the likely benefits of its non-use. In firing at a moving vehicle, the following parameters should be considered: The intent of the suspect/s to harm the police officer or other persons; The capability of the suspect/s to harm with certainty the police officer or other persons; and 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 or offenders must submit an incident report outlining the circumstances necessitating the use of his/her firearm. CHAPTER II. BASIC POLICE OPERATIONS 1. ARREST What is arrest? - The taking of a person into custody in order that he may be bound to answer for the commission of an offense. MODES OF ARREST Arrest by Virtue of a Warrant - A mode of arrest usually executed by law enforcers upon the written order of the Judge. Warrantless Arrest - This is also known as citizen's arrest. This can be executed by either law officers or private persons. EXECUTION OF THE WARRANT OF ARREST The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. Authority of the Arresting Officer when Making an Arrest  An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an officer shall assist him in effecting the arrest when he can render such assistance without detriment to himself (Rule 113, Section. 10). An officer, in order to make an arrest either by virtue of a warrant, or without a warrant, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose (Rule 113, Section. 11). Whenever an officer has entered the building or enclosure, he may break out therefrom when necessary to liberate himself (Rule 113, Section. 12). If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines (Rule 113, Section. 13). RULES ON THE USE OF BODY-WORN CAMERAS IN THE EXECUTION OF WARRANTS (A.M. NO. 21-06-08-SC) During arrest it is required to have at least one body-worn camera and one alternative recording device, a minimum of two devices to capture the events during the execution of arrest. In case of unavailability, the officer can file a motion before the court, to use alternative devices. When making an arrest by virtue of the warrant, the officers wearing the body-worn camera shall notify the person to be arrested that the arrest is recorded Video and audio recording shall be activated upon arrival at the scene of arrest NOTE! During Warrantless Arrest The arrest shall be recorded in the same manner EFFECT OF FAILURE TO OBSERVE THE BODY WORN CAMERA It shall not render the arrest unlawful or the evidence inadmissible. However, officers who failed to use body- worn camera without justifiable reason or manipulate the recording shall be liable for contempt of court. PERSONS NOT SUBJECT TO ARREST/IMMUNITY FROM ARREST 1. Congressmen and Senators - 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. QUESTION: CAN A SENATOR OR A CONGRESSMAN BE ARRESTED IF HE COMMITS AN OFFENSE NOT PUNISHABLE FOR MORE THAN SIX YEARS BUT NO ATTENDING DURING SESSION? Answer: No. In the case of People of the Philippines versus Jalosjos (2000) the court provides that as long as the Congress is in session whether the incumbent congressman is attending or is absent therein, he shall still be immune from arrest (People vs. Jalosjos, G.R. Nos. 132875-76,2000). 2. Sovereigns and Head of State - As provided by international law, they are immune from arrest. 3. Diplomatic Personnel - These are diplomatic agents officially appointed by the government of a particular country, nation, or a state tasked to maintain international relations, represents the sending state, and to conduct negotiations with the receiving country or state. MIRANDA RIGHTS The right to be informed of the cause and nature of accusation The right to remain silent The right to counsel ARREST WITHOUT A WARRANT a. “When, in his presence, the person to be arrested has committed, is actually committing, or is attempting, or is attempting to commit an offense” (par. A, Sec.5, Rule 113);This is also termed as in-flagrante delicto arrest b. "When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it" (par. b, Sec. 5, Rule 113); This is also known as hot pursuit arrest. The phrase "has just been committed" connotes "immediacy" (Pestilos vs. Generoso, G.R. No. 182601 November 10, 2014). The measurement of immediacy is between the time the offense was committed and the time the arrest was made. c. "When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another" (par. c, Sec. 5, Rule 113). METHODS OF ARREST The following are the methods of arrest according to Rule 113 of The Revised Rules of Criminal Procedure (2000): 1. Method of Arrest by Officer by Virtue of Warrant When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable (Rule 113, Section. 7). 2. Method of Arrest by Officer Without Warrant When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest (Rule 113, Section. 8). 3. Method of Arrest by Private Person When making an arrest, a private person shall inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists before the person making the arrest has opportunity to so inform him, or when the giving of such information will imperil the arrest (Rule 113, Section. 9). DUTIES OF THE ARRESTING OFFICER The following are the duties of the arresting officers (POP Manual, 2021, Section 2.6.c): 1. To use at least one Body Worn Cameras (BWCs) and/or Alternative Recording Devices (ARDs), or a minimum of two devices, or such number as may be necessary; 2. To deliver the arrested person without delay to the nearest Police Station or jail to record the fact of the the arrest; 3. To inform the person arrested of the cause of the arrest and the fact that a warrant had been issued for his/her arrest; 4. When a woman is arrested, a policewoman shall conduct the complete body search; 5. 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. 6. If a foreign national is arrested, the arresting officer through his/her COP/Unit Commander, shall perform the following: a. 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. 7. 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 (In case of arrest without a warrant. 8. To inform the person to be arrested either arrested with warrant or no warrant, 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; 9. To subject arrested person with or without warrant to a medical examination prior to temporary detention; 10. To immediately bring to the Police Station for investigation without unnecessary delay the person arrested without warrant; 11. To ensure that the arrested person is free from torture or physical abuse; 12. To ensure that the former signs a waiver of detention in the presence of his/her counsel of choice, if the person arrested without a warrant waives his/her right under the provisions of Art 125 of the Revised Penal Code; and 13. To 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, if the person arrested waives his/her right against self-incrimination and chooses to give his/her statement. BOOKING OF THE ARRESTED SUSPECT The booking of arrested suspect shall be undertaken to record and document the information surrounding the arrest of the suspect. POLICY AND GUIDELINES The following policies and guidelines shall be adhered to by all PNP personnel involved in arresting suspects After arrest, a suspect is taken into police custody and “booked” of “processed” During booking the Following procedures shall be performed by designated police officers. 1.Record the arrest made in the Police Blotter 2.Conduct pit-down or strip search of the suspect 3.Submit the suspect for medical examination 4.Take the criminal suspect’s personal information 5.Record information about the suspect’s alleged crime. 6.Perform a record search of the suspect’s criminal background 7.Fingerprint and photograph the suspect 8.Take custody of any personal property owned by the suspect, to be returned upon the Suspects release and 9.Place the suspect in a police station lock-up/holding cell or local jail The following are the functions, procedures, and responsibilities of the different personnel during the Booking of arrested suspects A. Upon arrest, the Arresting Officer (AO) shall immediately bring the suspect’s to the police station and present the suspect/s to the Desk Officer (DO) B. The AO shall ask the Desk Officer to record in the police blotter the circumstances of the arrest as well as the identity of the suspects and names of Arresting Officers (AO) C. Do shall thereafter conduct a more pat-down to the suspect D. Receive the accomplished medical examination request form and then shall be responsible for bringing escorting the suspect/s to the government hospital referred to in the request for the examination of the suspect. E. The AO shall receive the Medical Examination results from the government physician shall bring back the suspect to the police station and turn-over the suspect/s and the results of the Medical examination to the Duty Investigator (DI); a) Upon presentation by the AO of the arrested suspects to the DO, the Desk Officer (DO) shall log and record the details of the arrest made and assign a blotter entry number to the arrest. The entry shall include the name of the arresting officer and information as to the identity of the suspects and Shall contain the five (5) W’s and one (1) H (Who What, Where, When, Why and How) of Information as well as the name of the government hospital where the suspects will be referred for medical examination b) After recording in the police blotter, the DO together with the AO shall conduct a redundancy pat- down search of the suspect, and c) The Desk Officer shall then prepare or accomplish PNP Booking Form (PNPBF)-1 Request for Medical Examination of the Arrested Suspect 2. SEARCH AND SEIZURE Seizure-detention of an individual or her property, and removing that property from the control of the citizen, or in effect, taking control of the individual. SEARCH WARRANT -A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court (sec. 1, Rule 126, Rules of Court). VALIDITY OF SEARCH WARRANT -A search warrant shall be valid for ten (10) days from the date of its issuance and thereafter considered as void once not executed within the period required (Sec. 10, Rule 126, Rules of Court). MODES OF SEARCH ✓ Search by Virtue of a Warrant- A mode of search executed by law enforcers upon the written order of the Judge. ✓ Warrantless Search - A mode of search by police officers executed without the benefit of a warrant. TIME OF MAKING SEARCH Section 9, Rule 126 of the Rules of Court clearly states that "the warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night." Same mandate is stated under Rule 14.3 of the Philippine National Police Handbook (2013). RULES ON THE USE OF BODY-WORN CAMERAS IN THE EXECUTION OF WARRANTS (A.M. NO. 21-06-08-SC) During search it is required to have at least one body-worn camera and one alternative recording device, a minimum of devices to capture the events during the execution of search. In case of unavailability, the officer can file a motion before the court, to use alternative devices. When making a search by virtue of the warrant, the officers wearing the body-worn camera shall notify the person/occupants to be searched that the search is recorded Video and audio recording shall be activated upon arrival at the scene to be searched EFFECT OF FAILURE TO OBSERVE THE BODY WORN CAMERA It shall render the obtained evidences inadmissible. Police officers who failed to use body-worn camera without justifiable reason or manipulate the recording shall be liable for contempt of court. PROPERTIES TO BE SEIZED Subject of the offense; Stolen or embezzled and other proceeds, or fruits of the offense; Used or intended to be used as the means of committing an offense; Objects that are illegal per se, even if not particularly described in the search warrant, may be seized under the plain view doctrine. WITNESS TO SEARCH RULE Search of a house, room, or any other premise shall be made in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality" (sec. 8, Rule 126, Rules of Court). ISSUANCE OF PROPERTY RECEIPT The officer seizing property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property" (sec. 11, Rule 126, Rules of Court). VALID WARRANTLESS SEARCH AND SEIZURE 1. Warrantless Search Incidental to a Lawful Arrest Section 13, Rule 126, Rules of Court, states that "a person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant." The reasons of this search are three folds: First, to confiscate weapons from the arrested person which the later might use to harm the arresting officer; Second, to prevent the arrested person from destroying any evidence within his or her reach; and, Third, to confiscate weapons that might be used as means of escaping. 2. Search of Evidence in Plain View Plain view simply means anything seen on plain sight or having visual on things that are readily observable PLAIN VIEW DOCTRINE In order to have admissibility of seized evidences under the plain view doctrine, it has to conform first on the following elements: A prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties (i.e. trespass to a building to execute warrantless search is not covered under plain view doctrine); The evidence was inadvertently discovered by the police who have the right to be where they are; Inadvertence in paragraph "b" means that the police officers conducting the search must bear no knowledge that the evidence was present in that place and that upon execution of search, such was accidentally discovered (Del Carmen, 2007). This implies that an evidence that is inadvertently discovered is coincidental and without foresight. Examples: a firearm on the table, or drug paraphernalia on the floor are within the principle of plain view. On the other hand concealed contrabands inside a vehicle's compartment or inside the suspect's locker are likely not plain view. 3. Search to a Moving Vehicle A warrantless search of a moving vehicle is justified on the ground that it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought (People of the Philippines vs. Lo Ho Wing, G.R. No. 88017, January 21, 199). 4. Consented Warrantless Search Consented warrantless search refers to the act of relinquishing or abandoning the right against search. However, it must be seen that the consent to the search was voluntary. 5. Customs search Police officers generally empowered by law to effect arrests and execute processes of courts, when acting under the direction of the Collector, (see par. d, sec. 2203, R.A. 1937) has authority to conduct custom searches within the jurisdiction of the Bureau of Customs. 6. STOP AND FRISK OR TERRY SEARCHES To simply put, a reasonable suspicion is the belief based on personal inferences supported by series of surrounding circumstances, that a person to be stopped and frisked is guilty of an unlawful act. Furthermore, the following factors are to be considered: Police officers should not rely on single suspicious circumstance, there should be a "presence of more than one seemingly innocent activity, which, taken together, warranted a reasonable inference of criminal activity." (Bersamin, J., Dissenting Opinion, People of the Phil. vs. Esquillo, G.R. No. 182010, August 25, 2010). Stop and frisk" search should be limited to outer clothing for the purpose of detecting dangerous weapons (Manalili v. Court of Appeals, G.R. No. 113447. October 9, 1997). The police officer should properly introduce himself and make initial inquiries, approach and restrain a person who manifests unusual and suspicious conduct, in order to check the latter's outer clothing for possibly concealed weapons (People of the Phil. vs. Chua, G.R. Nos. 136066-67. February 4, 2003, as cited in People of the Phil. vs. Esquillo, G.R. No. 182010, August 25, 2010). i 3. CHECKPOINTS A 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. Checkpoints aim at controlling an area, to allow a "safe area" to protect from outside influence, to deny hostile intelligence gathering opportunities and to be effective they must not be able to be bypassed (United Nations, 2015). Types of Checkpoints The following are the types of checkpoints (United Nations, 2015): 1. 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, the population living in it and the personnel deployed for the operation. 2. Fixed checkpoint- It can be permanent or temporary and it takes places where a decision has been taken to carry out checks on a regular, even daily basis. Composition of Checkpoint Team The checkpoint team shall be composed of, but not limited to, the following (POP Manual, 2021, Rule 2.2.b.): 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 - subject for checkpoint; shall point/profile suspected vehicle; 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. SALIENT GUIDELINES IN CHECKPOINTS Mobile checkpoints are authorized only when established in conjunction with ongoing police operations. Only officially marked vehicles with blinkers turned on, if available, shall be used in establishing mobile checkpoints. Checkpoints are established to enforce circulation control measure, laws, orders and regulations, The use of mixed uniforms (GOA, Field service uniforms, black fatigue) in the conduct of checkpoint is strictly prohibited. As much as possible, the area where the checkpoint shall be established must be properly lighted, with a noticeable signage bearing the name of the PNP unit and the participating organization/s visibly displayed in the checkpoint site, to prevent any apprehension from the public of the existence of the same.  Due courtesy must be accorded to the motorists, traders and the commuters during the conduct of checkpoint. The spokesperson must greet the people subject for inspection, extend apology for the inconvenience, appeal for understanding and state the reasons of the operation. Upon completion, thank the person/s searched. Except in the actual commission of crime during checkpoints or in a hot pursuit operation, the conduct of inspection of vehicle during a routine checkpoint is limited to a visual search Voluntary offers of cash or in kind from the traders/motorists passing the checkpoint should be absolutely refused because the offer might be misconstrued as a bribe. CLASSIFICATION OF POLICE FUNCTIONS Line Functions- are the "backbone" of the police department; they include such operations as patrol, investigation, traffic control, vice control, and juvenile control as well as supervision of the personnel performing those operations. Staff Functions-Staff functions are those operations designed to support the line functions, Staff members are necessarily advisors who are typically assigned to planning, research, legal advice, budgeting, and educational services. Staff members are often civilians with specialized training who serve within the department but do not deal with daily operations on the street. Auxiliary Functions-Auxiliary functions involve the logistical operations of the department. These include training, communications, jailing, maintenance, record keeping, motor vehicles, and similar operations. 4. POLICE PATROL An organization within an organization. It serves as the nucleus or focal point of the department OBJECTIVES OF POLICE PATROL Preventive Enforcement-falls under the heading of protection, and involves the prevention of crime through the noticeable presence of police vehicles and personnel. Selective Enforcement - This involves going either where the trouble is, or where the trouble likely to occur. Traffic Enforcement-Large police departments have traffic divisions, but the majorities of the departments are small, and have only patrol division to handle traffic enforcement. Emergency Call for Service-One of the duties and purposes of patrol is the handling of emergency calls for service. POLICE PERSONNEL DISTRIBUTION Patrol Function -50% Criminal Investigation -15% Traffic Functions -10% Administrative Functions -10% Vice and Juvenile Related Functions - 10% Auxiliary Functions - 5% TYPES OF PATROL 1. Foot Patrol -the most expensive type of patrol in terms of human resources and most departments had reduced their foot patrols to a minimum because of this. Types of Foot Patrol 1.Fixed Foot Patrol - usually used for traffic, surveillance, parades and special events. 2.Mobile Foot Patrol - used where there is considerable foot movement such as business and shopping center, family dwellings and the like. 2. Automobile Patrol the most economical type of patrol and offers tactical ability when used in numbers. It is considered as the most extensively used and most effective means of transportation for police patrol. 3. Helicopter Patrol - the most expensive type of patrol in terms of financial resources. Helicopters are costly which makes procurement a challenge. Usually this type of patrol is used in securing a vast area. 4. Canine Patrol type of patrol that used canine dogs to detect explosives and illegal drugs in a luggage. INQUEST PROCEDURES The inquest proceedings shall commence upon the presentation of arrested person by the police officer before the inquest prosecutor. The concerned police officer shall also submit the following documents: a. Affidavit of Arrest; b. Statement(s) of the complainant(s); c. Affidavit(s) of the witness(es) if any; and d. Other supporting evidence gathered by law enforcement authorities in the course of their investigation of the criminal incident involving the arrested person. DOCUMENTS TO BE SUBMITTED a. Murder, Homicide and Parricide 1) Certified true/machine copy of the certificate of death of the victim; and 2) Necropsy Report and the certificate of Post-Mortem Examination, if readily available. b. Physical Injuries Cases 1) Medical Certificate of the complaining witness showing the nature or extent of the injury; 2) Certification or statement as to the duration of the treatment or medical attendance; and 3) Certificate or statement as to duration of incapacity for work. c. Violations of the Dangerous Drugs Law 1) Chemistry Report or Certificate of Laboratory Examination duly signed by the forensic chemist or other duly authorized officer; 2) Machine copy or photograph of the buy-bust money; and 3) Affidavit of Poseur-Buyer/Arresting Officer. d. Theft and Robbery Cases, Violation of the Anti-Piracy Law, Anti- Highway Robbery Law, and Violation of the Anti-Fencing Law 1) List/Inventory of the articles and items subject of the offense; and 2) Statement of their respective value. e. Rape, Seduction, and Forcible Abduction with Rape Cases 1) Medico-Legal Report (Living Case Report), if the victim submitted herself for medical or physical examination. f. Violation of the Anti-Carnapping Law 1) Machine copy of the certificate of motor vehicle registration; 2) Machine copy of the current official receipt of payment of the registration fees of the subject motor vehicle; and 3) Other evidence of ownership g. Violation of the Anti-Cattle Rustling Law 1) Machine copy of the cattle certificate of registration; and 2) Picture of the cattle, if readily available. h. Violation of Illegal Gambling Law 1) Gambling paraphernalia; 2) Cash money, if any. CHAPTER III. PNP INVESTIGATION OPERATIONS The crime scene investigation 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 (Standard Operating Procedure No. ODIDM-2011-008 "Conduct of Crime Scene Investigation). Specific Functions, Responsibilities and Procedures in a Crime Scene Investigation The following are the functions and responsibilities of the investigators during the CSI, as well as the procedures to be observed (POP Manual, 2021, Section 6.1.a): 1. First Responders Assess whether the situation still poses imminent danger and call for backup if necessary; Immediately conduct a preliminary evaluation of the crime scene;