Cross Exam Questions - Buy Bust
Possible questions for Cross of a Police Officer testifying as Poseur-Buyer or Immediate Back-up in a Buy-bust Operation...
CROSS EXAM QUESTIONS FOR POLICE OFFICERS WHO ARE OPERATIVES IN AN ANTI-ILLEGAL DRUGS BUY-BUST OPERATION Witness: __________________________ Task: _____________________________ Date/Time/Place of the Alleged Operation: _____________________________________ PRIOR TO BUY-BUST Ask #1 & 2, If the Police Officer is not a member of Anti-illegal Drugs Special Task Group: 1. Is it not your procedure Police Officer that only personnel assigned with the Anti-Illegal Drugs Unit are the only authorized personnel allowed to conduct Anti-Illegal Drugs Operation? (YES as per PNP Manual) 2. You are not assigned to the Anti-Illegal Drugs Unit, Police Officer, am I correct? (YES/NO) -----------------3. You testified that on __________ at around _____, your CI reported to you at your office regarding an illegal drug pushing activity, is it not? (YES) 4. And this involved a certain __________, correct? (Yes) 5. You also testified that upon receipt of this info from your CI, you looked into your Illegal Drugs Order of Battle list and found out that the name _____ listed there, correct? May I know how a name may be listed in that Illegal Drugs Order of Battle list that you are referring to? 6. Do you have proof that indeed this incident transpired? 7. You did not submit as part of your evidence that Illegal Drugs Order of Battle list you are referring to where the name of ____________ is listed correct? 8. You did not prepare any incident or spot report about what transpired between you and your CI, correct? 9. Isn’t that when someone comes to your office and reports something particularly the occurrence of a crime, such is recorded in the police blotter, correct? 10. There was no compliance with this correct? 11. And such was not submitted to this Honorable Court as evidence to prove your contention, correct? 12. Your are a police officer, correct? 13. And as police officers, you were trained to follow procedures and orders, correct? 14. But in this simple procedure, you failed to do so, correct? 15. Is it not correct Police Officer that you are required to conduct proper and adequate planning and preparation before conducting a buy-bust operation? (YES) 16. This is to ensure the successful prosecution of cases and the observance of the rights of the accused, am I correct? 17. The truth is that you did not conduct one in this case, am I correct Police Officer? (YES) 18. Because if you really did then this should have been part of the evidence to be presented to justify your claim, correct? 19. And that you should not have complied even with your internal procedure, correct? 20. You testified that you conducted briefing – initial and final? (YES) 21. And in that briefing those involved in the operation were assigned tasks, am I correct? (YES) 22. You were assigned as POSEUR-BUYER/IMMEDIATE BACK-UP only, correct? 23. __________ was assigned as POSEUR-BUYER/IMMEDIATE BACK-UP, correct? 24. And the rest as perimeter security, correct? Who else were assigned task if there be any? 25. But you did not have a Team Leader, who will man the operation, correct? 26. No one was assigned an Arresting Officer, correct? 27. No one was assigned as Investigator, correct? 28. No one was assigned as Seizing/Inventory Officer, correct? 29. No one was assigned as Recorder, correct? 30. No one was assigned as Photographer, correct? 31. Again this is part of your standard operating procedure, correct? 32. And again, there was no compliance with such? 33. As Police Officers then, you are trained to go away with established rules of procedure, correct? (NO) Page 1 of 4
34. Isn’t that this procedure were established to protect your rights more so the accused from abuse of authority by law enforcers, correct? 35. But in this case you disregarded this, correct? 36. Check if there is a coordination with PDEA, if there’s none: Is it not that you are required to coordinate your AID operation with PDEA? (YES) And you did not do so, am I correct? (NO) If answer is NO: What is your evidence that you coordinated? You do not have a coordination report, am I correct? ACTUAL BUY-BUST 1. You all proceeded to the area of transaction at the same time, correct Police Officer? (YES) a. If NO: ask who went first, how many vehicles used? 2. Upon arrival thereat, members of you team prepositioned themselves, am I correct? (YES) a. Did you know where the other members of your team positioned themselves? (Most often I don’t know) b. Was it not part of your planning/briefing session? (It is.) c. Despite such, you do not know where other members of your team were positioned? 3. You are the [POSUER-BUYER / IMMEDIATE BACK-UP/ARRESTING OFFICER] correct? a. Is it not that a POSUER-BUYER is an undercover Police Officer who acts as a buyer of illegal drugs for purposes of effecting the arrest of the offender, correct? b. Is it not that the IMMEIDATE BACKUP/ARRESTING OFFICER is a Police Officer tasked to apprehend the suspect/s, correct? c. You mentioned earlier that you were the _______________, is it not that you performed the task of _____________ which is not your responsibility, am I correct? (YES) d. Is it not the seizing officer is designated to confiscate and inventory all evidences taken from the arrested person and not to make the arrest, am I correct? (YES) e. In this case, you went beyond your scope, am I correct? (YES) f. I believe these were all discussed in your briefing right Police Officer? (YES) g. This was clearly laid down by your team leader to ensure the successful operation, safety of operating elements, the security and integrity of seized items/evidence while observing the rights of suspects, correct? (YES) h. You are police officer and you were trained to follow instructions to the letter, am I correct Police Officer? (YES) i. In this case, you did not? (YES but surely the Police Officer will say NO) 4. You did not perform the pre-arranged signal as you have discussed in your briefing, am I correct Police Officer? (Surely, PO will say I did...) 5. There is no evidence on record that would say you did, am I correct Police Officer? (Surely, PO will say there is...) If the pre-arranged signal is a missed call: 6. You do not have any certification to that effect from the TelCo Provider that said call indeed really happened or made on said date and time as you have alleged, correct Police Officer? 7. The sale transaction as you claimed it to be did not happen, am I correct Police Officer? (Surely, PO will say it did happen...) 8. There is no evidence on record that would say you that the sale transaction was consummated, am I correct Police Officer? (Surely, PO will say there is...) a. The marked money? (YES) b. Which you prepared and marked? (YES) c. Which you have allegedly handed to the seller? (YES) d. Which you did not subject to finger print analysis to determine whether it really did pass to the seller, am I correct? (YES) Page 2 of 4
e. Is it not that your office has a fund from which buy-bust money will be drawn for such purpose? f. And you have withdrawn the buy bust money from the said fund, correct? g. Is it not that is part of your procedure that the officer receiving the buy-bust money shall issue a receipt for the said purpose, am I correct? (YES) h. You received it, am I correct? (YES) i. There was no receipt issued for that purpose, am I correct? (Yes) j. You did not follow your procedure/protocol regarding this one, correct? 9. So there is no evidence to bolster your claim that indeed the sale transaction was consummated, correct Police Officer? AFTER BUY-BUST 10. After the alleged sale transaction was consummated, you declared the arrest correct Police Officer? (YES) 11. It is not your duty to do so as you were assigned as Seizing/Inventory Officer, am I correct? (YES but the PO will say NO) 12. Is it not that it is the duty of the arresting officer to search the body of the suspect for any deadly weapon and for the recovery of the buy-bust money? (YES) 13. And such did not happen in this case, am I correct Police Officer? (YES but surely the PO will contradict it and will say NO...) 14. But earlier you made mention that you were only tasked as Poseur-buyer and seizing officer, am I correct? (YES) 15. And again, you went beyond your scope/assigned task, am I correct Police Officer? (YES) 16. You did not have a photographer, am I right? (NO) a. Who acted as photographer? PO may refer to another person... Ask the following if the photographer is the Poseur-Buyer or the Immediate Back-up: b. Is it not the duty of the Seizing Officer to mark and photograph the seized/recovered evidence in accordance with Sec 21 of RA 9165? (YES/NO) c. Again such did not happen in this case, am I right Police Officer? 17. Is it not that the inventory and photographing of the pieces of evidence seized must be done immediately after the discovery/seizure of confiscated items, am I correct Police Officer? (YES) 18. But such did not happen in this case correct? (PO will surely say NO...) 19. And that such should be done in the presence of the required witnesses - an elected official and a representative from either the DOJ or media, correct Police Officer? (YES) a. Who were again your witnesses? Determine when did the witnesses arrived and who called for then and when were they called. 20. You earlier mentioned that the (Elected Barangay Official/DOJ or Media Rep) arrived ___ minutes later after you declared arrest and have seized the evidence, am I correct? (YES) 21. So you are now saying that the inventory and photographing is not immediate because you still have to wait for ___ minutes for the witnesses to arrive, am I correct? (YES) 22. That when the witnesses arrived, all they were made to do is to sign the inventory receipt/certification of inventory, correct? 23. That during the time of waiting, there is possibility of movement or alteration of the evidence seized, am I correct Police Officer? 24. That during that time of waiting, the accused was closely guarded and was restrained from movement by members of your team, am I correct Police Officer? 25. That at that point in time, he/she is out-numbered by your team who are fully armed, am I correct? 26. There were no photographs taken immediately after the discovery/seizure of confiscated items, am I correct Police Officer? (NO) 27. Were you the photographer of your team then? (NO) 28. As Seizing/ Inventory Officer, isn’t that you are tasked to prepare a list of inventory receipt of confiscation/ seizure, correct? Were you the one who prepared the inventory Police Officer? Page 3 of 4
29. Is it not that according to your procedure, all pieces of drug evidence shall be turned over by the Seizing Officer to the Investigator-On-Case who shall submit the same to either the PDEA Laboratory Service or PNP Crime Laboratory for examination, correct? 30. And that this turn-over of evidence must have corresponding receipts to show continuance of chain of custody, correct Police Officer? 31. And again this did not happen in this case, correct? 32. Is it not that the Seizing Officer is also tasked to properly accomplish the Chain of Custody Form and turn it over including the evidence to the Investigator-On-Case, correct? 33. And that this should also be prepared at the place of inventory/seizure of the confiscated items correct to establish the start of the preservation of the chain of custody of the seized items correct? 34. And again this did not happen in this case correct? 35. Is it not that it is part of your SOP that after the inventory and taking of photographs, the arresting/seizing officer shall turn-over the arrested persons and the seized evidence to the investigator who shall issue an acknowledgment receipt thereof, am I correct? 36. And again there was no compliance with this procedure, correct Police Officer? (Surely the PO will say NO) 37. There was no acknowledgment receipt on record correct Police Officer? (YES) 38. Isn’t that the investigator, after the buy-bust, shall prepare the referral of the case to the Prosecutor’s Office for inquest proceedings for Violation of RA 9165? (YES) 39. Attaching the following correct? (a) Copy of the Spot Report (b) Copy of the Inventory of Property Seized duly verified under oath (c) Copy of the Request for and Result of Laboratory Examination/ Chemical Analysis of seized items (d) Copy of the Request for and Result of Physical/Medical Examination and Laboratory Screening Test of the suspects (e) Copy of the Request for and Result of Ultra Violet Examination on the buy-bust money used and the suspect (f) Affidavit of Arrest executed by the Arresting Officer (g) Affidavit of Poseur Buyer (h) Affidavit of the Investigator on Case (i) Accomplished Chain of Custody Form (j) Copy of the initial laboratory screening test result (k) Copy of the Receipt of Turn-Over of Evidence (l) Copy of the Receipt of Turn-Over of arrested suspect/s (m) Duly accomplished Booking Sheet and Arrest Report (n) Photographs of the suspect/s and evidence 40. And again there was no compliance with this procedure, correct Police Officer? (Surely the PO will say NO) 41. There was no referral in this case made by the investigator correct Police Officer? (YES) 42. Verify turn-over of evidence from officer to another. Break the chain of custody.
Page 4 of 4