LEA4 Reviewer PDF
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Summary
This document appears to be a reviewer for police operations, covering topics such as inter-unit coordination, checkpoints, arrest procedures, search warrants, and various related police functions.
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LEA4 REVIEWER INTER-UNIT COORDINATION - Personal Coordination or by official Representative (personal coordination to the PRO, PPO/CPO within whose jurisdiction the operations is to be conducted) REQUIREMENTS OF POLICE OPERATIONS 1. BASIC REQUIREMENTS: arrest, search and seizure, checkpoint, roadbl...
LEA4 REVIEWER INTER-UNIT COORDINATION - Personal Coordination or by official Representative (personal coordination to the PRO, PPO/CPO within whose jurisdiction the operations is to be conducted) REQUIREMENTS OF POLICE OPERATIONS 1. BASIC REQUIREMENTS: arrest, search and seizure, checkpoint, roadblocks, demolition and civil disturbance management shall be conducted as follows: a. With a Marked Vehicle; b. Led by a Police Commissioned Officer (PCO); and c. With personnel in prescribed police uniform or affire. 2. USE OF MEGAPHONES AND SIMILAR INSTRUMENTS. 3. WARNING SHOTS PROHIBITED DURING POLICE INTERVENTION OPERATIONS. POLICE PATROL OPERATIONS WHAT IS PATROL According to hale, patrol is the essence of police function while Payton said, the patrol division is the Backbone of police department. Simple meaning: is the regular tour made by a guard in place in order to protect it or to maintain order OBJECTIVES OF POLICE PATROL 1. PREVENTIVE ENFORCEMENT (crime prevention) 2. SELECTIVE ENFORCEMENT (response to frouble/selection of area to response due to number of crimes) 3. TRAFFIC ENFORCEMENT (traffic handling) 4. EMERGENCY CALL FOR SERVICE (handling of emergency WHAT ARE THE PATROL FUNCTIONS 1. Protection of person and property 2. Preservation of peace and order 3. Prevention of crime 4. Suppression of criminal activities 5. Apprehension of criminals 6. Enforcement of laws and ordinances 7. Regulation of criminal conduct 8. Performing necessary services and Inspection POLICE PERSONNEL DISTRIBUTION PATROL FUNCTION-50% CRIMINAL INVSTIGATION-15% TRAFFIC FUNCTIONS-10% ADMINISTRATIVE FUNCTIONS-10% VICE AND JUVENILE RELATED FUNCTION -10% AUXILIARY FUNCTIONS 5% LEA4 REVIEWER CHECKPOINTS What is Checkpoints is a place where the police check vehicular/pedestrian traffic in order to enforce circulation control measure and other laws, orders, and regulation. AUTHORITY TO ESTABLISH CHECKPOINTS The establishment of checkpoints must always be authorized by the Head of Office of the territorial PNP Unit and manned by uniformed PNP persorinel. Other units directly involved in an operation may establish mobile checkpoints in coordination with the Unit Commander in the area. COMPOSITION OF CHECKPOINTS 1. TEAM LEADER (at least PL) 2. SPOTTER (profile suspected vehicle) 3. SPOKESPERSON (in-charge in communicating with motorist subject for checkpoint) 4. INVESTIGATION SUB-TEAM (documentation, issuance of citation ticket) 5. SEARCH/ARRESTING SUB-TEAM (search and seizure) 6. SECURITY SUB-TEAM (security during checkpoint) 7. BLOCKING/PURSUING SUB-TEAM (task to block/pursue fleeing suspect/vehicle) ARREST The taking of a person into custody in order that he may be bound to answer for the commission of an offense. WARRANT OF ARREST Is the written authority of the arresting officer when making an arrest or taking of a person into custody in order that he may be bound to answer for the commission of an offense. Validity: 10 days/should be implemented within 10 days from receipt. AUTHORITY OF THE ARRESTING OFFICER WHEN MAKING AN ARREST 1. POLICE OFFICER MAY SUMMON ASSISTANCE 2. RIGHT OF A POLICE OFFICER TO BREAK INTO BUILDING OR ENCLOSURE 3. RIGHT TO BREAK OUT FROM BUILDING OR ENCLOSURE 4. ARREST AFTER ESCAPE OR RESCUE PERSONS NOT SUBJECT TO ARREST / IMMUNITY FROM ARREST 1. CONGRESSMEN ANS 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. 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. LEA4 REVIEWER SEARCH an infringement of an individual's reasonable expectation of privacy. "SEARCH" here as applied to law enforcement connotes a different meaning. An inspection which does not intrude upon a legitimate expectation of privacy or compromise any legitimate interest in privacy is not considered as a search. SEIZURE - Detention of individual or her property and removing that property from the control of the citizen, or in effect, taking control of the individual. SEARCH WARRANT is an order in writing issued in the name 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). TIME OF SEARCH The warrant should be served during daytime, unless there is a provision in the warrant allowing service at anytime of the day or night 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. WITHNESS TO SEARCH RULE Search of a house, room, or any other premises 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 (sc. 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 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 reason of his 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 arrested person from destroying any evidence within his or her reach; and THIRD, To confiscate weapons that might be used as means of escaping. LEA4 REVIEWER PLAIN VIEW DOCTRINE *In order to have admissibility of seized evidences under the plain view doctrine, it has to confirm 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 building to execute warrantless search is not cover under plain view doctrine): * The evidence was inadvertently discovered by the police who have the right to be where they are: GUIDELINES IN THE USE OF NON-LETHAL WEAPONS A. Shield and Truncheon fruncheon or baton may be utilized only to push back demonstrators and not as an instrument to strike individuals, However, when demonstrators become aggressive, fruncheon shall be the principal non-lethal weapon for dispersal. 8. Water Cannons May be utilized when demonstrators become unruly and aggressive forcing troops to fall back to their secondary position. C. Tear Gas Tear Gas and pepper spray may be utilized to break up formations or groupings of demonstrations who continue to be aggressive and who refuse to disperse despite earlier efforts. PLANNING - is defined as thinking about the future, thinking about what we want the future to be, and thinking about what we need to do now to achieve. Planning involves linking present actions to future condition. Police Planning Suren attempt by police administrators in frying to allocate anticipated resources to meet anticipated service demands is the systematic and orderly determination of facts and events as basis for policy formulation and decision affecting law enforcement management. Operational Planning is the use of rational design of pottem for a departmental undertaking rather than relying on change in an operational environment. Police Operational Planning is the act of determining policies and guidelines for police activities and operations and providing controls and safeguards for such activities and operations in the department, Objectives are a specific commitment to achieve a measurable result within a specific period of time. Goals are general statement of intention and typically with time horizon, or It is an achievable end state that can be measured and observed. Strategy is a broad design or metho; or a plan to attain stated goal or objectives. LEA4 REVIEWER Tactics are specific design, method or course of action to attain a particular objective in a consonance with strategy. Procedures are the sequences of activities to reach to point or attain what is desired. Policy is a product of prudence or wisdom in the management of human affairs, or policy is a course of action which could be a program of actions adopted by an individual, group organization, or government, or the set of principles on which they are based. Guidelines are rules of action for the rank and file to show them how they are expected to obtain the desired effect. Strategic Planning Is a series of preliminary decisions on a framework which in turn guides subsequent decisions that generate the nature and direction of in organization. This is usually long range in nature. The reasons for Strategic Vision - a vision of what a police department should be. Long-range thinking 1. keeping in mind that strategy is deciding where we want to be. THE PROCESS OF STRATEGIC PLANNING TASK 1-Develop Mission and Objectives TASK 2-Diagnose Environmental Threats and Opportunities (study the field) TASK 3-Assess organizational Strengths and Weaknesses (capabilities) TASK 4-Generate Alternative Strategies (back-up plan) TASK 5- Develop Strategic Plan (collation of information/data from task 1-4) TASK 6-Develop Tactical Plan (specific plan or operations) TASK 7-Assess Results of Strategic and Tactical Plan TASK 8-Repeat Planning Process RESPONSIBILITIES IN PLANNING EXTERNAL POLICY PLANNING These are policy laid down by the legislative branch of the government. (i.e iatf) INTERNAL POLICY PLANNING Policy formulated by the law enforcement organization in response to the mandates laid down by external policy makers. (directing, controlling, reporting and budgeting) PRIMARY DOCTRINES FUNDAMENTAL DOCTRINE These refers to the plains formulated in order to guide the organization to attain its Vision, Mission, strategic action plan of the attainment of the national Objectives. ORGANIZATIONAL DOCTRINE these plans are directing the organization on how to attain their fundamental responsibilities LEA4 REVIEWER FUNCTIONAL DOCTRINE It provides guidance for specialized activities such as personnel's intelligence, operations, logistics and others. SECONDARY DOCTRINES ✓ COMPLEMENTARY DOTRINE it is a doctrine that values the significance of cooperation, not only within the organization but by collaborating to other organization, in order to attain a certain a certain goal. (formulation of twe or more bureaus) ✓ ETHICAL DOCTRINE It defines the principles governing the rules of conduct, attitude, behavior and ethical norm of the PNP. FACTORS AFFECTING POLICE PLANNING 1. Condition (community ethics, behavior and discipline in the area where the plan will be implemented) 2. Time Of execution/r revisions and modifications of plan 3.. Resources Available- manpower/money/material 4.Physical Facilities Machinery nstrument or fools, system or structural designs in order to results. Collection and Analysis of data Ready sources and basis of good decision making by the makers of the plan may be property obtain through research and other means of information gathering techniques TYPES OF PLANS 1. REACTIVE PLANS (o plan which is develop once problem accur 2. PROACTIVE PLANS (anticipation of problem) 3. VISIONARY PLANS (statement of values to be used to guide the decision making) 4. STRATEGIC PLANS (long range plan) 5. OPERATIONAL PLANS (designed to meet specific plan) CRIME MAPPING is very important in police planning as regards crime suppression. I could readily pinpoint to police managers where and when crimes happen within the are of responsibility (AOR) of a certain police unit or station. Crime mapping enables police forces to inform the public of any changes within the community. is open source information which anyone can access online, adversaries