Law Enforcement Operations and Planning with Crime Mapping

Topic 1: Important Terminologies

In all modern societies, the enforcement of the law is vital-without some type of
law enforcement, a society would eventually cease to exist. The function called
law enforcement is a society’s formal attempt to obtain compliance with the
established rules, regulations, and laws of that society. Without law enforcement,
society as we know it would probably succumb to social disorder and chaos
(Jones and Barletlett Learning, 2020).

Police
- The agency of a community or government that is responsible for enforcing the
law, maintaining public order, and preventing and detecting crimes (Banton, Brodeur,
Kelling, Whetstone, & Walsh, 2019).
- The act of maintaining discipline or ensuring that the rules must be observed
(Encarta Word English Dictionary, 1999).
Organization
- A group of people who work together in an organized way for a shared purpose
(Cambridge Dictionary, 2020).

Administration
- The determination of objectives and major policies of an organization.

Police Administration
- An organizational process concerned with the implementation of the objectives
and plans, and internal operating efficiency of the police organization (Timpac, 2013).
- Otherwise known as police in action, the cooperative human effort to achieve the
purposes of the Criminal Justice System.

Police Organization
- A structured group of highly trained personnel dealt with achieving the following
goals and objectives (Padduyao, 2016)
- a desired result you want to achieve and is typically broad and long-term (Forsey,
2019).
Objective
- defines the specific, measurable actions (Forsey, 2019).

Goals of Police Organization

● To protect lives and properties.
● To ensure public safety
● To maintain peace and order

Objectives of Police Organization

● To attain effectiveness in the enforcement of law and efficiency of law enforcers.
● To attain a low crime volume and crime rate.
● To attain a maximum degree of solution and criminal conviction of law violators.
● To attain maximum degree in the protection of lives and properties.

POLICE TERMINOLOGIES OR JARGONS

Organize
● To form a police unit for the purpose of accomplishing a common objective.
● To arrange systematically a group of police unit/s.

Organizing
● The act of systematically arranging police units in hierarchical order to perform
specific functions thus achieve desired objectives.

Manage
● To direct or conduct the affairs or interests of various police units.
● To control the direction, operation, and business of a police unit or the police
organization as a whole.

Police Management
● The art or manner of administering, controlling, or handling all the various
aspects of the police organization.
● The skillful use of means to accomplish the task, purpose or objective of a police
unit or organization.

Police Politics
● The study of public administration or affairs of the government in relation to
police matters.
● Maneuvering for power within the police organization.
Police Power
The power of the government to impose what is considered reasonable
restriction on the liberties of its citizens for the maintenance of public order and safety.

Police Accountability
● The inherent responsibility of the police organization to be answerable for the
misconducts committed by its members.
● It is the legal responsibility of the police officers to face any consequence that
may arise while exercising their powers, duties, and functions.

Sworn Officer
● Personnel of the police department who took his oath of office and thus
possesses the power to arrest.

Superior Officer
● An officer having supervisory responsibilities (either temporary or permanent)
over an officer of lower rank.

Subordinate
● An officer belonging to the lower or inferior rank.

Commanding Officer
● An officer who is in command of a police department, bureau, division, district, or
area/station.

Ranking Officer
● An officer having the more senior/higher rank in a team or group of police
officers.

Commissioned Officer (PCO)

● A police officer with a rank of police inspector and higher.

Non-Commissioned Officer (PCNO)

● A police officer with a rank of Senior Police Officer IV and lower.

Length of Service
● The period of time that has elapsed since the oath of office was administered to
an officer; previous active services maybe included or added.
On-duty/Active Duty
● The period when an officer is actively engaged in the performance of his duty.

Special Duty
● It is the form of duty requiring an officer to be excused from the performance of
his active regular duty.

Off-duty
● The nature of which the police officer is free from specific routine duty.

Leave of Absence
● A specified period during which an officer is excused from active duty or direct
participation in police work.

Sick Leave
● A period wherein an officer is excused from active duty by reason of illness or
injury.

Suspension
● A consequence of an act that temporarily deprives an officer from the privilege of
performing his duties as a result of violating a directive or other departmental regulation.
Departmental Policies/Rules
● Rules established by the police department directors/administrators to control the
conduct of the members of the police force.
Duty Manual
● A book of instruction that describes the procedures and defines the duties of
officers designed to a specified post or position.

Order
● An instruction given by a ranking officer to a subordinate either general, special,
and personal.

Report
● It is usually a written communication unless otherwise specified to be verbal
report.
Verbal reports should be confirmed by written communication.
EVOLUTION OF POLICING SYSTEM IN THE PHILIPPINE SETTING

A. Pre-Spanish Period
The forerunner of the contemporary police system was the practice of barangay
chieftain to select-abled bodied young men to protect their barangay during the night.
B. Spanish Period
1. Carabineros de Seguridad Publico (Mounted Police) - 1712
2. Guardrilleros (January 8, 1836)
3. Guardia Civil (February 12, 1852)
C. Japanese Occupation
1. Kempetai
2. Metropolitan Constabulary
D. American Occupation until the World War II broke out
1. Insular Police Force (November 30, 1890)
2. Insular Constabulary (July 18, 1901)
3. Manila Police Department (MPD) – July 31, 1901
4. Philippine Constabulary (1901)

Important Personalities
● Capt. George Curry – a U.S. Army officer appointed by the TAFT Commission on
August 7, 1901 as the first Chief of Police.
● Capt. Columbus Piatt – last American COP of MPD before World War II broke
out.
● Col. Antonio C. Torres – first Filipino COP when MPD became an all Filipino
police organization; declared Manila as an open city when World War II broke out in
1941; during the World War II, MPD was placed again under the American control.
● Col. Marcus Ellis Jones – a U.S. Provost Marshall who was named as MPD COP
just after the Manila Liberation.
● Col. Lamberto T. Javalera – the first Filipino COP of MPD appointed by Pres.
Roxas under the Republic Government.

Important Personalities
● Capt. Henry T. Allen – first Chief of the Philippine Constabulary from 1901- 1907
such that he was called as the Father of Constabulary in the Philippines.
● Brig/Gen. Rafael Crame – First Filipino Chief of Police. He served as the PC
Chief from 1917-1927
 RELEVANT LAWS IN THE DEVELOPMENT OF POLICE SERVICE IN THE
PHILIPPINES

1. Act No. 3815- The Revised Penal Code of the Philippines (January 1, 1932).
2. Philippine Constitution (1935) - (Section 9, Art. XIV).
3. Act No. 181- created the Bureau of Investigation (November 1938).
4. Republic Act No. 157 (June 19, 1947)- It provides for the creation of the National
Bureau of Investigation (NBI).
5. Republic Act No. 2678 -It was enacted in 1960 which provides for the expansion
and reorganization of the NBI
6. Rules of Court (January 1, 1964) - to promote the broad objective of the criminal
justice system and to assist the parties in obtaining just, speedy, and inexpensive
determination of every legal action and proceeding.
7. Republic Act No. 4864 (September 18, 1966) - Police Act of 1966.
8. Republic Act No. 6040 (1969) - “Civil Service Act of 1969
9. Act No. 3815- The Revised Penal Code of the Philippines (January 1, 1932).
10. Philippine Constitution (1935) - (Section 9, Art. XIV).
11. Act No. 181- created the Bureau of Investigation (November 1938).
12. Republic Act No. 157 (June 19, 1947)- It provides for the creation of the National
Bureau of Investigation (NBI).
13. Republic Act No. 2678 -It was enacted in 1960 which provides for the expansion
and reorganization of the NBI
14. Rules of Court (January 1, 1964) - to promote the broad objective of the criminal
justice system and to assist the parties in obtaining just, speedy, and inexpensive
determination of every legal action and proceeding.
15. Republic Act No. 4864 (September 18, 1966) - Police Act of 1966.
16. Republic Act No. 6040 (1969) - “Civil Service Act of 1969.
17. Republic Act No. 6506 (July 1, 1972) - “An Act Creating the Board of Examiners
for Criminologists in the Philippines and for other purposes”.
18. Philippine Constitution (1973)- (Section 12, Article XV).
19. Presidential Decree No. 421 (1974)
20. Presidential Decree No. 765 (August 8, 1975)
21. Presidential Decree No. 1184 (August 26, 1977) -The Integrated National Police
Personnel Professionalization Act of 1977”.
22. Philippine Constitution (1987)
23. Republic Act No. 6975 (December 13, 1990) -DILG Act of 1990
24. Republic Act No. 8551 (February 25, 1998) -PNP Reform and Reorganization Act
 of 1998.
Topic 2. Law Enforcement Operations

Police operations are defined as the job duties, responsibilities, and activities
that law enforcement agents complete in the field. In this lesson, we'll explore
different aspects of police operations, such as communication, patrolling, specialized
police operations, and diversity challenges.
Police operations deals with what officers in the field do as they ‘serve and
protect’. Operations include patrol, traffic, investigation and general calls for service.
To fulfill their responsibilities, law enforcement officers have been given great power.
This power has been entrusted to them by the people they serve and is defined by
the laws of the land.

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
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, Roadblock
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 and Order from Quasi-Judicial Bodies
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 of 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
investigative assistance.
 CONSTITUTIONAL AND STATUTORY RIGHTS OF PERSONS
SUBJECT BY POLICE/LAW ENFORCEMENT OPERATIONS

REPUBLIC ACT 7438

An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial

Investigation as Well as the Duties of the Arresting, Detaining and Investigating
Officers, and Providing Penalties for Violations Thereof.

Duties of Public Officers

1. Informed, in a language known to and understood by him, of his rights to remain

silent and to have competent and independent counsel (Miranda Rights)
2. Be assisted by counsel at all times Preferably of his own choice

- If the person arrested, detained, or under custodial investigation cannot afford the
services of counsel, the investigating officer must provide him with one.
- Counsel shall at all times be allowed to confer privately with the person
3. Be visited by or have conferences with: Any member of his immediate family, which
includes spouse, fiancée, parent or child, brother or sister, grandparent or grandchild,
uncle or aunt, nephew or niece, and guardian or ward.
Any medical doctor OR priest OR religious minister chosen by him, or by any member
of his immediate family, or by his counsel of any national non-governmental
organization duly accredited by the Commission on Human Rights or the Office of the
President.
4. The custodial investigation report shall be reduced to writing by the investigating officer.

- Its contents shall be read and adequately explained by the counsel to the person
arrested or detained BEFORE he signs or puts his thumb mark thereto.
- Otherwise, such investigation report shall be null and void and of no effect
whatsoever.
5. Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing.
- It shall be signed by the person in the presence of his counsel.

- In the absence of counsel AND upon a valid waiver, in the presence of any of the
following:

- Parents;

- Elder brothers and sisters;

- Spouse;
 - Municipal mayor,

- municipal judge, district school supervisor; OR

- Priest or minister of the gospel as chosen by the person

- Otherwise, such extra judicial confession shall be inadmissible as evidence in any

proceeding.

NOTE: Any waiver by a person arrested or detained under the provisions of

Article125 of the Revised Penal Code, or under custodial investigation, shall be in
writing and signed by such person in the presence of his counsel.

ARREST

General Guidelines

a. All arrests should be made only on the basis of a valid Warrant of Arrest issued by
a competent authority, except in instances where the law allows warrantless arrest.
b. No violence or unnecessary force shall be used in making an arrest, and the
person to be arrested shall not be subjected to any greater restraint than what is
necessary under the circumstances.
c. As a general rule, arrests can be made on any day of the week and at any time of
the day or night.

d. Only judges are authorized to issue Warrants of Arrest.

e. A Warrant of Arrest is no longer needed if the accused is already under detention.

An Order of Commitment is issued by the judge in lieu of the Warrant of Arrest.
f. The following are immune from arrest:

(1) A Senator or Member of the House of the Representatives while

Congress is in session for an offense punishable by not more than six years of
imprisonment; and
(2) Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations.

Warrant of Arrest

The 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.

The head of the office to whom the warrant of arrest has been delivered for
implementation shall cause the warrant to be implemented within ten (10) days from
receipt. Within ten (10) days after the expiration of such period, the police officer to
whom it was assigned for implementation shall make a report to the judge who issued
the warrant and in case of his failure to implement the same, shall state the reasons
thereof.

Arrests without a Warrant

A peace officer or a private person may, without a warrant, arrest a person:

a. When, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense;

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;

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 temporarily confined while
his case is pending, or has escaped while being transferred from one confinement area
to another;

d. Where the accused released on bail attempts to leave the country without court
permission;

e. Violation of conditional pardon, punishable under Article 159 of the Revised

Penal Code as a case of evasion of service of sentence; and

f. Arrest following a Deportation Proceeding by the Immigration Commissioner

against illegal and undesirable aliens.

Procedures

a. Serving of Warrant of Arrest

(1) Verify the validity of the warrant and request for an authenticated copy from the
issuing court;

(2) In serving the warrant, the police officer should introduce himself and show
proper identification;

(3) make a manifestation of authority against the person to be arrested;

(4) If refused entry, the police officer may break into any residence, office, building,
and other structure where the person to be arrested is in or is reasonably believed to be
in, after announcing his purpose;

(5) The police officer need not have a copy of the warrant in his possession at the
time of the arrest. If the person arrested so requires, the warrant shall be shown to the
arrested person as soon as possible;

(6) Secure the person to be arrested and use handcuffs for the protection of the
arresting officer, other individuals or the arrested person himself;

(7) Conduct thorough search for weapons and other illegal materials on the person
arrested and surroundings within his immediate control;

(8) Inform the person to be arrested of his rights under the law (i.e. Miranda Warning
and Anti-torture Warning);

(9) No unnecessary force shall be used in making an arrest;

(10) Confiscated evidence shall be properly documented with the chain of custody of
evidence duly and clearly established;

(11) bring the arrested person to the Police Station for documentation;

(12) Make a Return of Warrant to the court of origin; and

(13) Deliver the arrested person to jail/prison upon the issuance of a commitment
order of the court.

b. Effecting Warrantless Arrest

(1) Freeze or restrain the suspect/s;

(2) make proper introduction as to identity and authority to arrest;

(3) Inform the arrested person of the circumstances of his arrest and recite the
Miranda Warning and Anti torture Warning to him;
(4) Secure the person to be arrested and use handcuffs for the protection of the
arresting officer, other individuals or the arrested person himself;

(5) Conduct thorough search for weapons and other illegal materials on the person
arrested and surroundings within his immediate control;
(6) Confiscated evidence shall be properly documented with the chain of custody of
evidence duly and clearly established;
(7) No unnecessary force shall be used in making an arrest; and
(8) Bring the arrested person to the Police Station for further investigation and
disposition.
SEARCH AND SEIZURE
Requisites for the Issuance of Search Warrant

A search warrant shall be issued only upon probable cause in connection with
one specific offense to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses presented. The search warrant
shall particularly describe the place to be searched and the things to be seized which
may be anywhere in the Philippines.

a. The following properties may be the objects of a search warrant:

(1) Properties which are the subject of the offense;
(2) Stolen, embezzled proceeds, or fruits of the offense; and
(3) Objects including weapons, equipment, and other items used or intended to be
used as the means of committing an offense.
b. Objects that are illegal per se, even if not particularly described in the search
warrant, may be seized under the plain view doctrine.

Validity of Search Warrant

a. The warrant shall be valid for ten (10) days from date of issuance and may be
served at any day within the said period. Thereafter, it shall be void.
b. If, in the implementation of the search warrant, its object or purpose cannot be
accomplished in one day, the search can be continued the following day, or days, until
completed, provided it is still within the ten (10)- day validity period of the search
warrant.
c. If the object or purpose of the search warrant cannot be accomplished within the
ten (10)-day validity period, the responsible police officer conducting the search must
file, before the issuing court, an application for the extension of the validity period of
said search warrant.

Time of Search
The warrant should be served during daytime, unless there is a provision in the warrant
allowing service at any time of the day or night.

Applications for Search Warrant

All applications for Search Warrant shall be approved for filing by the Chief of Officer.
The application shall indicate the following data:
a. Office applying for the Search Warrant;
b. Name of officer-applicant;
c. Name of the subject, if known;
d. Address/place(s) to be searched;
e. Specific statement of things/articles to be seized; and
f. Sketch of the place to be searched.
All approved applications shall be recorded in a log book, duly maintained for the
purpose, indicating the name of the applicant, name of the respondent, nature of the
offense, and date of the application.

Valid Search and Seizures without Search Warrant

a. Search made incidental to a valid arrest

b. Search of moving vehicles
c. Seizure of evidence in plain view
Any object in the plain view is subject to seizure and may be introduced as evidence.
Requirements under the Plain View Doctrine are:
(1) The police officer must have prior justification for an intrusion or, otherwise, must
be in a position from which he can view a particular area;
(2) The discovery of the evidence in plain view is unintentional; or
(3) It is immediately apparent to the police officer that the item he observes may be
evidence of a crime, contraband, or is a valid subject of seizure.
d. When there is waiver of the right or there is consented search
e. Searches Under Stop and Frisk Rule
f. Emergency and Exigent Circumstances
g. Tipped Information