LEA 4

Law Enforcement Operation and Planning

with Crime Mapping

By:
Shiela Mae G. Fenequito
The two general functions of the police officer during in or operations

To serve and protect- the serving and protecting can be channeled to the public. Police officers
should not be individuals, who will protect the legal activity of a particular person, group or criminal
syndicate. So the protection or the serving should be channeled towards the community not to
organization or not to illegal group or criminal syndicate or criminal organization.

Seven Categories of Police Operations

1. Public safety operations- This includes search, rescue and retrieval operations, fire drills,
earthquake drills and similar operations that centered in promotion public safety. Basically
this are non-law enforcement duties like for example fire drills, earthquake drill, rescue,
search and retrieval and other types of activities that are non-law enforcement in nature
are under the first category.
2. Law enforcement operation- when we say law enforcement operation this involves the law
enforcement of our ordinances, the enforcement of our existing laws the enforcement of
our statues and executive orders. As long as this activity involves the implementation of the
law it will fall part under the second categories of police operations.
3. Internal Security operation- the difference between the law enforcement operation and
internal security operation is that in the internal that this centered at ensuring the internal
security not just in the Philippine national police but also in the country in general so the
purpose is to secure the country or secure the community. Internal Security usually involved
insurgency or terrorism.
4. Special Police Operation - activity involves group police officers who are trained. Officer
involves has a specialized training.
5. Intelligence Operation- the gathering of information if the police officer conducts an activity
and that activity or the purpose of that activity is to gather intelligence information.
6. Investigation Operation- any activity that is investigative in nature, investigation of murder
cases, investigation of homicide cases that is part of investigation operation will fall on the
investigation operation
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

In the police operation you need the:

1. Used of a mark police vehicle;

2. The operation should be led by a police commission officer (PCO)
3. With personnel in prescribed police uniform or attire.

Use of megaphones and similar instruments during PNP Operation

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.

Arrest- Arrest is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense.

There are two modes of arrest

1. Arrest by virtue of a warrant- a mode of arrest usually executed by law enforcer upon the
written order of the judge.
2. Warrantless arrest- This is also known as citizen’s arrest. Warrantless arrest can be
executed by either law officers or private person.

Time of making an Arrest?

-an arrest may be made on any day and at any time of the day or night. As long as you want to
execute arrest you can do it anytime.

- The head of the office to which the warrant of arrest was delivered for execution shall cause
the warrant to be executed within 10 days from its receipt.

-The 10 days that is regulated provision of the law will only talk about the days or the number of
days given to a police officer to execute a report to the judge that issued a warrant. When the
police officer fails to execute or he was not able to arrest the criminal or the suspect after the
lapsed of 10 days he will go to the judge who issued the warrant and explain or make/file a
report.
In the execution of warrant of the police the PNP has to adopt the rules on the use of body-
worn cameras in the execution of warrants (A.M. NO. 21-06-08-SC) Take note that this is the
newest provision/memorandum order or administrative order given by the supreme court to
the Philippine National Police if encase the Philippine national police will not follow this
provision or will not follow the order coming from the supreme court there might be a big
possibility that police officer might be in contempt.
Administrative No. 21-06-08-SC by the supreme court) it is stated that during the 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.

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, are privileged from arrest
 while congress is in session. But we have to consider on the grounds or qualification of
offense number 1 the offense should not be more than (6) six years.
2. . Sovereigns and Head of state- are immune from arrest as provided by international law,
3. Diplomatic personnel- these are diplomatic agents officially appointed by the government
of a particular country, nation, or a state tasked to maintain international like, diplomats or
ambassadors so they are exempted from arrest, so again during the arrest it is important
that the Miranda doctrine shall be elaborated.

Arrest without a warrant

Instances of warrantless arrest:

a.In flagrante delicto arrest (when in his presence, the person to be arrested has
committed, is actually committing or is attempting to commit an offense( Par. A sec. 5 Rule
113); In this rule there are 2 requirements that must be present

-it is an instance of warrantless arrest in which a peace officer or any private person
may, without a warrant, arrest a person when, in his presence, the person to be arrested
has committed, is actually committing, or is attempting to commit and offense.

1. The person to be arrested the person to be arrested must show overact indicating that he
has just committed, actually committing or attempting to commit a crime.

2. The overt act is done in the presence or in the view of the arresting officer, remember
that it is not sufficient that that the suspect exhibit unusual or strange act or purely
suspicious.
b. Arrest based on probable cause or hot pursuit arrest— it is an instance of
warrantless arrest in which a peace officer or any private person may, without a warrant,
arrest a person when an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts and circumstances that the person to be
arrested has committed it.( parb., sec.5, rule 113.) this is also known as hot pursuit arrest.
The phrase “has just been committed” connotes “immediacy)
c. Arrest of escapee— it is an instance of warrantless arrest in which a peace officer
or any private person may, without a warrant, arrest a person 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

Other instances of warrantless arrest:

1. Where a person who has been lawfully arrested escapes and is rescued.
2. Arrest by the bondsmen of the accused for the purpose of surrendering him.
3. Where the accused attempts to leave the country without permission of the court.
 The arrested person may apply for bail even before the filing of complaint or
information in court provided the crime he is suspected to have committed is billable.

CUSTODIAL INVESTIGATION
Shall include the practice of issuing an “invitation” to a person who is under investigation in
connection with an offense he is suspected to have committed, without prejudice to the liability
of the ‘inviting” officer for any violation of law.

Rights of persons arrested, detained or under custodial investigation (Sec. 2, RA 7438 also
known as Miranda rights):
1. He must be assisted at all times by counsel preferably of his own choice and if he cannot
afford to hire one, he shall be provided with competent and independent counsel by
investigating officer.
2. He must be informed in a language known to and understood by him of his right to remain
silent.
3. Any extra-judicial confession that he made must be in writing and signed by him in the
presence of his counsel, or in the latter’s absence, upon a valid waiver, and in the presence of
any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal
judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise,
such extrajudicial confession shall be inadmissible as evidence in any proceeding.
4. Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise the waiver shall be null and void and of no
effect.
5.Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel, or
by any national non-governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly accredited by the Office of
the President.
The person's immediate family shall include his or her spouse, fiancé or fiancée, parent or
child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian
or ward.

• Penalty on the part of arresting officer for violating the rights of arrested person (applies
also to arrest with warrant):
1. Failure to inform any person arrested, detained or under custodial investigation of his right
to remain silent and to have competent and independent counsel preferably of his own choice—
a.A fine of P6,000.00); or
b.Imprisonment of not less than eight (8) years but not more than ten (10) years, or both;
 c. Perpetual absolute disqualification.

2.Failure to provide a competent and independent counsel to a person arrested, detained or

under custodial investigation if the latter cannot afford the services of his own counsel— Same
penalty above
3.Obstructing, preventing or prohibiting any lawyer, any member of the immediate family of a
person arrested, detained or under custodial investigation, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel,
from visiting and conferring privately with him, or from examining and treating him, or from
ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night—
Imprisonment of not less than 4 years nor more than 6 years, and a fine of P4,000.00.

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 legitimate expectation of privacy or compromise any legitimate interest in privacy
is not considered as search
Seizure- detention of an individual or her property. Removing that property from the control of
the citizen, or in effect taking control of the individual.

In searching a particular building a house or residence we need search warrant because

under the Article 3 of bill of rights of 1987 constitution state that there should be no search
unless there is search warrant a warrant that is procured from the court

Search Warrant- — it is defined as 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.

Modes of Search
1. Search by virtue of a warrant- A mode of search executed by law enforcers upon the
written order of the Judge
2. Warrantless Search- A mode of search by police officers executed w/out the benefit of
warrant.

Validity of Search Warrant

Under the law the validity of 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.
As to the time of making the search in section 9 rule 126 of the rules of court clearly states
that “the search 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).

Requisites for the issuance of search warrant:

1. The search warrant must be issued upon a probable cause personally determined by the
judge.
2. It must particularly describe the place, persons or things to be searched or seized.
3. It must be issued in connection with one specific offense.

Probable cause— for purposes of the issuance of search warrant, it is defined as such facts and
circumstances which led a reasonable, discreet and prudent mind or man to believe that the
offense has been committed and that the objects sought in connection with the offense are in
the place sought to be searched.
To determine the existence of probable cause, the judge must personally examine, in the
form of searching questions and answers, in writing and under oath, the complainant and any
witness he may produce, on facts personally known to them.

Description of the place to be searched— it refers to description and address of the place to be
searched.
Description of person to be searched— it refers to the description and name of a person
against whom the search warrant shall be served.

Description of property to be seized— it refers to description of, and the details about, the
property to seize.

Personal property that may be the subject of search warrant:

1. It is subject of the offense.

2. It is stolen or embezzled and other proceeds, or fruits of the offense; or
3. It is used or intended to be used as the means of committing an offense for example firearms
4. Objects that are illegal per se

Where to file application for search warrant:

1.As a general rule, search warrant may be filed with the court that has territorial jurisdiction
over the crime committed or where the warrant may be enforced
2. For compelling reasons stated in the application, application for search warrant may be filed
with any court that has no territorial jurisdiction over the crime committed or where the
warrant may be enforced
 3. If criminal action has already been filed, application for search warrant may be filed only with
the court where the criminal action is pending

Steps in the execution of search warrant:

1. Search warrant must be executed in the day time and within 10 days from its date.
2. The search and seizure must be made in the presence of witnesses
3. A detailed receipt for property seized must be issued.
4. The property seized must forthwith be delivered to the court that issued the search warrant
5. The search warrant, whether executed or not, must be returned to the court that issued it
As a general rule, search warrant should be served in the day time. However, the search
warrant may be served any time of the day or night if there is a direction in the search warrant
that it may be served so such that 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.
The search warrant should be served within 10 days from its date. Thereafter, the search
warrant shall be void.

Witness to search Rule

As to the witness requirement during search, of a house room or any other premise shall
be made in the presence owner or occupant of the house being searched. However, in his
absence, any member of his family will suffice the witness requirement. However further, in the
absence of the owner and any member of his family, two witnesses of sufficient age and
discretion residing in the same locality must witness the search.

Rules on the issuance of receipt for property seized during search:

1. The officer seizing property must give a detailed receipt to the lawful occupant of the
premises in whose presence the search and seizure were made
2. In the absence of the lawful occupant, the detailed receipt must be given to two
witnesses of sufficient age and discretion residing in the same locality
3. In case of their refusal, leave a receipt in the place in which the seized property was found
4. The property seized must forthwith be delivered to the court that issued the warrant and
must be accompanied with a true inventory duly verified and under oath.

Instances of warrantless search:

1. Search incident to a lawful arrest

2. Search in plain view
3. Consented search
4. Search of a moving vehicle
5. Search based on probable cause
6. Search based on “stop and frisk rule”
7. Search based on valid security regulation
8. Search based on customs law