LEA 4: Law Enforcement Operations and Planning with Crime Mapping CHAPTER I: Police Operation and PNP Law Enforcement Operations POLICE A body of officers representing the civil authority of government, and are responsible for maintaining public order and safety, enforcing the law, and preventing, detecting, and investigating criminal activities. Police Operation Defined as the job duties, responsibilities, and activities that law enforcement agents complete in the field. 7 Categories of Police Operations 1. Patrol Operations - the most basic police function and known as the backbone of policing. It is the only division that cannot be eliminated. Most important of all police functions. 2. Law Enforcement Operations - include service of warrant of arrest, implementation of search warrant, enforcement of visitorial powers of the Chiefs of Police, and other anti-criminality operations. 3. Internal Security Operations (ISO) - include counterterrorism operations, counterinsurgency and similar operations against other threat groups that are conducted to ensure internal security. 4. Public Safety Operations - management of health hazards and other operations that promote public safety. 5. Special Police Operations - conducted by police units with specialized training on the peculiarity of the mission or purpose. 6. Investigation Operations - determine facts and circumstances for filing cases criminally or administratively. 7. Police Community Relations (PCR) - It is known as the make-up artist and/or the deodorant of PNP Organization. PHILIPPINE NATIONAL POLICE (PNP) It is national in scope and civilian in character administered and controlled by a National Police Commission Article XVI, Section 6 of the 1987 Philippine Constitution provides that “the State shall establish and maintain one police force which shall be national in scope and civilian in character to be administered and controlled by a national police commission. National in scope its jurisdiction covers the entire breadth of the Philippine Archipelago. POWERS AND FUNCTIONS OF THE PHILIPPINE NATIONAL POLICE (PNP) (section 24 of R.A 6975) 1. Enforce all laws and ordinances 2. Maintain peace and order 3. Investigate and prevent crimes, 4. General powers to make arrest, search, and seizure 5. Detain an arrested person for a period not beyond what is prescribed by law 6. Issue licenses for the possession of firearms and explosives 7. Supervise and control, issue licenses to operate security agencies 8. Perform such other duties and exercise all other functions as may be provided by law. Two Operational Guidelines of PNP - To Serve and Protect - To Respect Human Rights and Dignity of Person Requirements of Police Operations Pre-Operational Clearance - shall secure a Pre-Operation Clearance prior to the conduct of operation. must be approved by their Chief/Commander/Head of Office/Unit and must be submitted at the Operations Section/Division of the concerned operating police units for record purposes. - With marked police vehicle - Led by a Police Commissioned Officer - With personnel in prescribed police uniform - With the use of Body Worn Cameras (BWCs) and/or Alternative Recording Devices (ARDs) during the conduct of searches and arrests. The Force Continuum - 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. Three Approaches on The Use of Force Continuum Non-Lethal Approach- persuade and/or request cooperation Less Lethal Approach- less lethal equipment that do not cause serious injury and/or death and that less physical measures have been tried and deemed inappropriate. Lethal Approach- last resort. result to severe injury and serious bodily harm and/or death. Use of Force Policy The necessity and reasonableness of the force employed will depend upon the following: 1. the number of aggressors, 2. nature and characteristic of the weapon used, 3. physical condition, 4. size and other circumstances to include the place and occasion of the assault. Use of Firearm During Police Operations Use of Firearm When Justified- The use of 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 firearm is also justified under the doctrines of self-defense, defense of a relative, and defense of a stranger. Note: Unlawful aggression should be present for self-defense to be considered as a justifying circumstance. General Rule: The police shall not use warning shots during police operation Exception: When the police officer is outnumbered and overpowered, and his/her life and limb is in imminent danger. General Rule: Firing at Moving Vehicles is prohibited Exception: When its occupants pose imminent danger of causing death or injury to the police officer or any other person. Filing of an Incident Report After the Use of Firearm 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. Stopping The police officer may stop a person only when there is genuine reason to believe, based on experiences and the particular circumstances such as: 1. The person is reported to be allegedly involved in a criminal activity; 2. The actions or demeanor of the person suggest that he/she is engaged in a criminal activity; 3. The person is carrying something illegal or when his/her clothing bulges in a manner that suggests he/she is carrying a weapon; and 4. The person is seen at the time and place proximate to an alleged crime incident and/or flees at the sight of a police officer. Pat Down Search A police officer has the right to perform body frisking on the following circumstances: 1. Visual indication suggesting that the person is carrying a firearm or other deadly weapon; 2. The type of crime believed to have been committed by the person, particularly crimes of violence where the threat of use or use of deadly weapon is involved; and 3. The threatening demeanor of the person. Procedures and Guidelines for Stopping and Pat Down Search Stopping the police officer shall clearly identify himself/herself and present his/her identification card. Police officers shall be courteous at all times but remain cautious and vigilant. If more than one person, police officers should determine whether the circumstances warrant a request for back-up or whether the stopping should be delayed until such back-up arrives. Police officers shall confine their questions in relation to the grounds for stopping the person. In no instance shall a police officer stop a person longer than the period reasonably necessary. Police officers are not required to inform the person of his/ her rights under the law unless the person is placed under arrest. Pat-Down Search - - shall be done by at least two police officers, one to do the search while the other provides security. If the person is carrying an object, the police officer shall not open the object but instead put it in a place out of the person’s reach. If the external patting of the person’s clothing fails to disclose evidence of a weapon, no further search may be made If weapon is found and the possession of which constitutes a violation of the law, the police officer shall arrest the person and conduct a complete search. Checkpoints- 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. Types of Checkpoints 1. Mobile checkpoint – can removed immediately. 2. Fixed checkpoint – takes places where a decision has been taken to carry out checks on a regular, even daily basis. Authority to Establish Checkpoint: Only the Head of Office of the territorial PNP unit 1. Regional Director 2. District Director 3. Provincial Director 4. City Director 5. Chief of City/Municipal Police Station 6. Station Commander 7. Sub-Station Commander 8. Police Community Precinct Commander Checkpoint Team Composition (Minimum of 8 personnel) Team Leader - shall lead and take responsibility in the conduct of checkpoint preferably a Police Commissioned Officer (PCO). Spotter/Profiler – shall point/profile suspected vehicle subject for checkpoint Verifiers – shall conduct document verification, search, seizure and arrest Search/Arresting personnel – shall search, seize illegal items and arrest offenders Forward/Rear Security – shall provide security in the checkpoint area Checkpoint Guidelines - Enforce laws, rules, and regulations, and when there is a need to arrest a criminal or fugitive from justice. - Mobile checkpoints are authorized only in conjunction with ongoing police operations. Only marked vehicles with blinkers turned on shall be used in mobile checkpoints. - With Team Leader (TL), preferably with female personnel especially when there is an involvement of a female suspect. - Composed of a minimum of eight personnel with a TL, two verifiers, one spotter, two forward securities and two rear security. - Must be well-lighted with a visible signage - - Must greet all person’s subject for inspection, extend apology for the inconvenience, appeal for understanding, state the reasons of the checkpoint and thank them for their cooperation The team must signal the motorist(s) to slow down and courteously request to turn-off the headlights and turn on cabin lights. The conduct of inspection of vehicle during a routine checkpoint is limited to a visual search, done with due respect to all road users and conducted in a manner of least inconvenience. As much as possible, only the forward/rear security team members are allowed to display their rifles and should be positioned where they can best provide security to the checkpoint team. Designated TL assigned at the checkpoint shall be responsible for the actuations and behavior of his/her personnel and shall be accountable under the doctrine of Command Responsibility. TL must submit an after-checkpoint report immediately upon termination of the operation. CHAPTER II: ARREST, SEARCH & SEIZURE What is Arrest- taking of a person into custody How arrest made? Actual restraint By his submission to the custody of the person making the arrest. Warrant of arrest- document issued by a court ordering any peace officer to bring the person before the court. Basis of the judge to issue warrant of arrest Probable cause Probable Cause- sufficient ground to engender a well-founded belief that a crime has been committed. Arrest can be made- On a day and any time of a day or night. Validity of warrant of arrest- no specific duration Arresting officer must execute a warrant of arrest within 10 days from receipt. Required to make a report to the judge. Circumstances or scenario where police officer may arrest an individual without warrant. Person about to commit a crime in the presence of a public officer (caught in the act) Offense has been committed and he has a probable cause Escape prison Persons exempted from arrest a senator or member of the House of Representative diplomatic agents Authority of the arresting officer when making an arrest may verbally summon as many persons as he/ she deems necessary to assist make an arrest with or without warrant he/she may break therefrom when necessary to liberate him/herself any person may immediately pursue to retake him/herself without a warrant Duties of arresting officer arresting officer shall use the at least one BWC and one ARD shall be used and activated upon arrival at the place of arrest deliver the arrested person without delay to the nearest Police Station of Jail inform the person arrested of the cause of the cause of the arrest and the fact that a warrant had been issued for his/her arrest when a woman arrested, police woman shall conduct the complete body search CICL shall be processed by the Women’s and Children’s Protection Desks Shall be informed of his/her constitutional rights Free from torture or physical abuse Is it required that a warrant of arrest is in police officer when executing the arrest need not have, at the time of the arrest but after the arrest Method of arrest 1. By virtue of warrant Shall inform the person to be arrested of the cause of the arrest 2. Without warrant Shall inform the person to be arrested of his authority Cause of the arrest 3. By private person Intention to arrest him, Cause of the arrest Rule 126 of the Rules of Court A search involves an officers going through part or all of an individual’s property and looking for specific items. A seizure happens if the officers take possession of items during the search Search warrant Issued in the name of 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. Validation 10 days Cannot be accomplished within ten-day validity period, must file an application for the extension of the validity period. Req. of search warrant Probable cause Prohibited Acts in the conduct search by virtue of search warrant Houses, rooms or other premises shall not be searched except in the presence of the lawful occupant or any member of his/her family, two witness of sufficient age and discretion in the same locality not specifically indicated or particularly described in the search warrant shall not be taken Inventory and delivery of property seized the officer shall issue a detailed receipt of property seized. In the absence of such occupant. The receipt shall be left in the place in which he/she found the seized property. Include items seized under the Plain view doctrine Duplicate detailed receipt with any Barangay official Property seized to the judge who issued the warrant Rule 110 of the rules of court Criminal actions shall be instituted as follows: Preliminary investigation is required, filling compliant with the proper procedure All other offenses, directly with the Municipal Trial Courts and Municipal Circuit Trial courts, with the office of prosecutor Preliminary investigation Inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed When PI required? When the penalty prescribed by law is at least 4 yrs 2 months and 1 day Complaint- subscribed by the offended party, any peace officer, or other public officer. Information- accusation in writing charging a person with an offense, subscribed by the prosecutor. Sufficiency of complaint or information Name of the accused Designation of the offense Cause of accusation Place of commission of the offense Date of commission of the offense Name of the offended party Place where the criminal action is to be instituted In a train, aircraft, or other public or private vehicle while in the course of its trip, instituted in the court of any municipality or territory where such train, aircraft or other vehicle passed during its trip including the place of its departure and arrival. On board vessels, instituted in the court of the first port of entry or any municipality or territory where the vessels passed. Outside of the Philippines punishable by under art. 2 of the PRC Custodial investigation- any questioning by law enforcement after a person has been taken into custody RA 7438 of 1992- an act defining certain rights of persons arrested, detained or under custodial investigation Rights of person arrested, detain or under custodial investigation Right to remain silent Right to counsel of his own choice. If he cannot afford, he will be provided with an independent and competent counsel Right to demand physical examination Right to be visited by a member of his immediate family Right to be informed of such rights Duties of the Police during custodial investigation Ensure that a person shall at all times, be assisted by counsel Must inform the person of his rights - The person is opted to give a sworn statement, the arresting officer as the case may be must reduce it in writing and in the presence of his council. Before the sworn statement is sign or thumbmark, shall be read in adequately explain to the person by his counsel in the language or dialect known to him. Must ensure that the extrajudicial confession made by a person shall be in writing signed by such person in the presence of his counsel Must allow the person to be visited by any member of his immediate, any medical doctor, priest, imam or religious minister chosen by him CHAPTER III: PATROL Patrol- regular tour made by a guard in a place in order to protect it or to maintain order. Most visible form of activity. Single largest unit. Police personnel distribution Police activity Patrol Criminal investigation Traffic Vice/ Juvenile Administrative Auxiliary percentage 50% 15% 10% 10% 10% 5% FUNDAMENTAL THEORIES OF PATROL 1. Theory of Police Omnipresence – Is associated with the police visibility principle. Theory that applies the principle of overt operation. 2. Low Profile Theory- low police visibility increases the opportunity to apprehend criminals. Principle of covert operation is integrated in this theory a. Decoy Patrol- police officer will disguise as a potential crime victim and placed in an era where he is likely to be victimized. FUNDAMENTAL OBJECTIVES OF POLICE PATROL 1. Preventive enforcement- Preventive enforcement falls under the heading of protection, and involves the prevention of crime through the noticeable presence of police vehicles and personnel 2. Selective Enforcement- our present patrol division, is extremely mobile, it cannot completely cover all the area or beat assigned to its patrol units. 3. Traffic Enforcement ROLE OF PATROL Patrol officers is the most important human element of the police organization. To serve as the police organization actual field contact with the people. P- police A- assigned T- to R- restore O- order in the L- locality = PATROL PATROL METHODS Means of getting from one place to another within specified patrol jurisdiction 1. Beat patrol Foot patrol Bicycle patrol 2. Sector/ motorized Patrol Automobile patrol Motorcycle patrol 3. Specialized patrol Horse patrol Marine patrol (water) Canine assisted patrol (K9) Special terrain patrol GEOGRAPICAL UNITS POST- a fixed point or location where a police officer is assigned for duty. ROUTE/LINE BEAT- a length of streets designated for patrol purposes BEAT- small area assigned for patrol purposes, whether by foot or motorized SECTOR- area containing two or more beats, routes or post DISTRICT- geographical subdivision of a large of a city for patrol purposes, usually with its own station AREA- a section or territorial division of a large city for patrol or metropolis, each composed or designated districts TYPES OF PATROL Foot patrol- most expensive type of patrol, assigned to an area of dense population such as the downtown area. Used to secure two types of police geographical units: POST- a fixed point or location where a police officer is assigned for duty. BEAT- small area assigned for patrol purposes, whether by foot or motorized TYPES OF FOOT PATROL Fixed Foot Patrol – stationary and is usually used for traffic and other special events Mobile Foot Patrol - used where there is considerable foot movement such as patrolling business ad shopping center a. Line beat patrol is used in securing a certain of roads and street b. Random foot patrol is used in checking residential building, business establishments etc. TRADITIONAL FOOT PATROL PATTERN 1. Clockwise Patrol Pattern- start of 8-hour tour of duty 2. Counter-Clockwise Patrol Pattern- done at the last hour of the 8-hour tour of duty 3. Zigzag or Free Wheeling Patrol Pattern- definite target location where he knows his presence is necessary. diagonally cross it to the opposite corner 4. Straightway and Criss-cross Patrol Pattern- Hazard oriented patrol. Easiest to observe the movement of the patrol officer, just follow the length of the street 5. Cloverleaf Pattern- highway intersection designed to route traffic without the interference, by means of a system of curving ramps from one level to another, in the form of a four (4) leaf clover. Advantage of foot patrol Can provide immediate traffic control when it is needed More person to person contact can be made with the public Can actually get to know the physical layout of his beat better High police visibility Places not accessible by motor vehicles Basic Techniques and Procedures of Foot patrol 1. Do not establish a set of pattern of patrolling procedure 2. Walk systematically (with purpose) on the beat while on patrol 3. Do not smoke nor drink while on patrol especially during night shift. 4. Walk near the curb during daylight. This technique offers: a better view for observing street activity less chance of obstruction by pedestrian on the sidewalk if you are required to take quick action higher police visibility, which is effective in crime prevention Walk near buildings during night patrol. 6. Do not immediately open the door when intending to get inside. Observe and evaluate first the situation. 7. Hold your tactical flashlight in your non-dominant hand slight away from your body 8. Enter and inspect alleys when not seen by public. 9. Watch for persons loitering or hiding in doorways, either ingress or egress 10.Use fire escapes to inspect building rooftops once in a while. 11.Be attentive or on alert for the sound of breaking glass Disadvantages of the Foot Patrol 1. Low mobility resulting to limited coverage of the patrol area 2. Low response time to telephone complaints 3. Involves large number of personnel AUTOMOBILE PATROL most economical type of patrol most extensively used and the most effective means of transportation Advantages of the automobile patrol 1. High mobility preventive enforcement. 2. It offers the officer protection during inclement weather. 3. Enable more effective street pursuit of offenders. 4. allowing coverage of greater area. 5. Quicker response time to complaints. 6. It is of the best means of Disadvantages of the Automobile Patrol 1. Diminished personal contact with the public. 2. Little opportunity to develop sources of information. 3. Marked police vehicles hampers apprehension and surveillance operations Advantages of the one-man automobile patrol 1. An officer who is alone devotes his full attention to driving and beat observation rather that conversing with his partner. 2. Personality clashes are reduced or avoided 3. Promotes self-reliance and self-confidence Advantages of the two-man automobile patrol 1. Mistake made by one officer may be noticed and immediately corrected by his partner. 2. Each officer could get rest and thus perform more effectively since each does not have to drive for full 8 hours of duty. 3. Beneficial since two pairs of eyes are better that one. 4. One can operate the radio while the other one drives. General techniques and procedures in automobile patrol 1. Thoroughly check the patrol car before leaving the garage. 2. Do not establish route patterns in patrolling the area of jurisdiction (sector). 3. Always take note the license numbers of strange or suspicious vehicles. 4. Get out from the patrol car regularly/frequently 5. Make it a habit not to leave the key in the police car even for just a minute. HORSE PATROL (MOUNTED PATROL) oldest types of patrol The following are some of the more common uses of the horse patrol: Park Patrol Beach Patrol Posse and Search Parade and Crowd Control DOG PATROL/K-9 PATROL (canine assisted patrol) - supplementary forces - A dog is capable of recognizing an odor 10 million times better than human can. USES OF DOGS OR K-9S IN POLICE OPERATIONS 1. Provide great assistance in search and rescue as well as in smelling out drugs and bombs. 2. Provide protection for one officer patrol. 3. Specially trained dogs are extremely effective in finding bodies dead or alive, just buried or buried for years. 4. Locating trapped people during emergencies. AIRCRAFT PATROL helicopter or fixed-wing Helicopter patrol is advantageous during search and rescue operation. Advantages of helicopter patrol 1. 2. 3. Increase apprehension of offenders. Increase prevention of crime Easier location of both lost and escaped persons Disadvantages of helicopter patrol 1. 2. 3. 4. 5. Bad weather will ground the helicopter Smog and light intermittent clouds might affect vision This types of service requires special skills and training Refueling problems Criminal can hear the helicopter coming and element of surprise is lost BICYLE PATROL - Inexpensive to operate compared to motorcycle and automobile advantage in terms of stealth and mobility. 1935 – bicycle was once introduced by the Manila Police MOTORCYCLE PATROL - better suited to heavy traffic, narrow alleys, and rugged terrain. The two-wheel motorcycle is quite adaptable to traffic enforcement, parades and escort duty. DISADVANTAGES: - Being used only in fair weather, of causing a greater number of accidents that are usually quite serious. The chance of a motorcycle rider being injured is nine times as great as that of the driver of an automobile. He is also four times likely to be killed than police officer riding in an automobile. WATER PATROL (MARINE/BAY/RIVER PATROL)- Extremely specialized and are not in great use except in areas with extensive coasts or a great deal of lake or river traffic. PERSONAL WATERCRAFT (PWC)- vehicles have very shallow draft, high maneuverability and stability and very easy to operate. TYPES OF CALLS RESPONSE BY THE POLICE PATROL 1. ROUTINE CALL- required to observe all traffic laws and rules and does not normally use its flashing lights and siren This includes when the police respond to: Provide police car transportation Investigate abandoned vehicles Provide additional traffic control and direction 2. URGENT CALL- observe all traffic rules and does not use its flashing lights or siren. However, it proceeds directly to its destination and does not stop unless an incident of far more serious nature occurs. This includes when police respond to investigate: Vehicular accidents in which there are no physical injuries Report of domestic or tenant-landlord or neighbor conflict Lost children's complaints. 3. EMERGENCY CALL- requires the use of the flashing light and fluctuating siren. It is permissible, that extreme care is exercised while driving at high speed. This includes when the police respond to: Aids an injured person Pursue or apprehend suspected criminals Investigate a traffic accident in which people are injured. What is the purpose of police uniform? to separate policemen from everyone to avoid confusion Four kinds of inspections conducted by policemen on patrol - building inspection, crime prevention follow-up, house inspection and miscellaneous inspection.
