CHAPTER VI: OPERATIONAL PROCEDURES ON ILLEGAL DRUGS AND VICE CONTROL GROUP MEMBERS: FORTES, Djune King FABRERO, Marc Ethiene ESPLANADA, Jorence ESTRELLA, Clarince FRANCISCO, James Paul FLORES, Patrick Learning Objectives At the end of this chapter, the students will be able to: ● Gain a basic understanding of the procedures involved in Anti-Drug Operation and Investigation; ● Describe how the Anti-Illegal Gambling Operations are carried out; ● Enumerate the documentary requirements on filing cases involving anti-illegal drugs and gambling operations; ● Describe how ordinances on smoking, alcohol use, and drunk driving are implemented. PROCEDURES IN ANTI- DRUG OPERATION AND INVESTIGATION THE BUY BUST OPERATION A buy bust operation is an undercover operation carried out by narcotics detectives to catch unsuspecting drug dealers. An undercover operation is one that involves secret work within a community or institution. To carry out a buy bust operation, the first step is to buy a sample substance. This is done to determine whether the substance being sold is a dangerous drug. Once the sample is procured by undercover agents, it is immediately submitted to the crime lab for analysis. ENTRAPMENT OPERATION Entrapment charges often result from vice crimes, such as those involving gambling, prostitution, and/ or drugs. Law enforcement officers have the right to pose as gambling bookies, prostitutes, drug dealers, or other professional criminals to carry out the operation. Such agents are not obliged to reveal their true identities or legal affiliation when asked. If an undercover officer presents drugs to a potential buyer, for example, this is not considered an entrapment. Instead, the buyer of those drugs commits a crime only when the deal is made, and not during the initial contact with the undercover officer. Legally speaking however, entrapment operations in drug cases occur when a police officer or other government agent deceives a person into committing a crime that he or she had no intention of committing in many jurisdictions, if a court determines that the charges made against the defendant are based on entrapment , he or she cannot be convicted of the crime. Therefore, criminal defense lawyers may claim police entrapment as a part of their strategy. Indeed, the laws against this type of behavior by authorized agents are designed to prevent law enforcement agencies from coercing a citizen into committing a crime and then arresting him or her for the act “committed”. Team Composition The composition of the team that will carry out the entrapment may vary depending of the number of personnel in the team. The team leader also chooses members based on one’s experience, expertise, and aptitude with regards the operation to be carried out. Below is the ideal team composition ( Directorate for Investigation and Detective Management [DIDM], 2010). Team Composition 1. Team Leader – This is a police officer, preferably a PCO, who is responsible for leading a team in the conduct of case build-up, raid, arrest, and subsequent investigation, filing, and monitoring of the case. 2. Assistant Team Leader (Optional) – This is a police officer who is responsible for assisting to the Team Leader and for assuming all the responsibilities in the absence of the latter. 3. Poseur Buyer – This is a police officer who is tasked to pretend to be a civilian buyer of dangerous drugs for the purpose of effecting the arrest of the offender. 4. Arresting Officer – This is a police officer who is responsible for the apprehension of the suspect/s. 5. Investigator-On-Case – This is a police officer who is responsible in the investigation, gathering of evidence and the preparation of documents for the purpose of initializing an inquest or the direct filing Team Composition 6. Seizing/Inventory Officer – This is a police officer who is assigned to seize and inventory the evidence from arrested suspects. 7. Back-up Security – This is a police officer who is tasked to provide security to the raiding team, in order to prevent and control the entry and exit of all persons in the of operation. 8. Recorder – This is a police officer responsible for recording the events/incidents that occurred during the anti-drug operation. Marked Money The money to be used in the buy-bust operation should be duly marked or dusted with ultra- violet powder by officers from the PNP Crime Laboratory. The marked money should be properly photographed, reproduced and/or recorded so that the serial numbers and the person who release the money can be tracked, along with the officer who received the same and delivered it to PNP Crime Laboratory for dusting. The officer receiving the money shall then issue a receipt for the purpose. Anti-Illegal Gambling Operations Procedures on How to Conduct Anti-Illegal Gambling Operations 1. Surveillance of the Anti-Illegal Gambling Operation The team is tasked to check the illegal activities of the suspected gambling facilities. 2. Serving of the Search Warrant The owner of the establishment or gambling should be properly informed of the contents of the warrant. 3. Preparing the Documents in the Police Station Documents such as pictures, bookings, sheets, and affidavits of the arrested suspects involved in the illegal activities should be taken as proof of the consummated Anti-Illegal Gambling Operations. 4. Returning the Search Warrant and Filing of the Case in the Prosecutors Office The evidence and documents are then presented in the office of the Honorable Judge. Documentary Requirements on Filing Cases Involving Anti-Illegal Drugs and Gambling Operations ● ● ● ● ● ● ● ● ● Application for Search Warrant Endorsement to the Prosecutor Receipt/Inventory of Property Seized Certification of Orderly Search Request For Laboratory Examination (Drug Case Only) Result of Laboratory Examination Joint Affidavit of Surveillance Joint Affidavit of Arrest Affidavit of Seizing Officer ● ● ● ● ● ● ● ● Chain of Custody Form (Drug Case Only) Booking and Information Report (Suspect) Affidavit of Puseur-Buyer (Drug Case Only) Turn-Over of Confiscated/Seized Evidence Turn-Over of Custody (Suspect) Summary of Information After Surveillance Report Contact Meeting Report Implementation of Ordinances Ordinances on Smoking The chances of secondhand smoke for non-smokers are minimized by virtue of Land Transportation Ordinance No. 2009036, which prohibits smoking on public utility vehicles and public transportation terminals. This ordinance is implemented with the cooperation of related agencies, such as the Philippine National Police, the Local Government units (City and Municipal Mayors and Provincial Governors of their respective areas), and the Metro Manila Development Administration. Offenders are apprehended by these agencies and a violation ticket shall be part of its sanction. The offenders must pay the fine at the designated banks. Some provincial offices, such as the Province of Nueva Vizcaya in Region 2 and Davao City, have a similar campaign against smoking. In these places, incentive are given to the most number of tickets issued and the issuing officers Liquor Ban In the Philippines, the Liquor Ban is strongly implemented the following occasions: 1. Minors aged 18 years old and below are not allowed to buy alcoholic drinks in convenient stores and supermarkets. 2. Drinking of alcoholic drinks is strictly prohibited in all government offices during office hours. 3. Alcoholic drinks cannot be sold a full 24 hours before and after the Local and National Elections (Omnibus Election Code). DRUNK DRIVING Drunk driving has led to many vehicular accidents resulting in the loss of lives and properties of innocent victims and the drunk driver themselves. The penalty for vehicular accidents resulting in damaged property and lost lives (legally known as "reckless imprudence resulting to damage to property or reckless imprudence resulting to homicide" is elevated to the maximumSeveral penalty tests due tocan drunk bedriving. used to confirm the drunken state of the offending driver. One of this tests is simply done on the spot in the field, wherein the traffic officer may request the suspected drunk driver to lift his/her left hand sideways and balance his/her entire weight on one foot. Another test is done by using a breath analyzer. Here, the traffic officer may request the suspected drunk driver to exhale and breathe into the device, which will immediately show the presence of alcohol in the offending driver's breath. Finally, the more scientific way in by determining one's blood alcohol level. In this method, 5 ml of blood is extracted and subjected to the headspace gas chromatography with mass spectrometry. This machine can determine the percentage of alcohol present in the blood. The presence of more than 5% percent alcohol in the blood can prove the allegation of drunk driving. Summary In this chapter, we discussed the procedures on antiillegal drug gambling operations. Details about the important aspects of each operation, such as the steps involved, the composition of the team, the tools that can be used, and the proper procedures to be follows, are also presented. Aside from the existing laws, some government offices and local government units have also created memorandum circulars and city ordinances against illegal drugs and vice control. These are being implemented in their respective cities and localities. THANKS! Do you have any questions? “Try a crime you end a criminal, treat an environment you end crime.” ― Abhijit Naskar, Sleepless for Society CREDITS: This presentation template was created by Slidesgo, including icons by Flaticon and infographics & images by Freepik
