Lea4 Law Enforcement Operations and Planning With Crime Mapping Paolo Ganacias

 

LAW ENFORCEMENT OPERATIONS AND PLANNING WITH CRIME MAPPING Course Code: LEA4 Course Desription: Law Enforcement Operations and Planning with Crime Mapping Course Content: The course covers the study of Article III of the 1987 Constitution; RA 7438 ( Rights of persons arrested, Detained or under Custodial Investigation); Rule 113 of the Rules of Court ( Arrest); Rule 126 of the Rules of Court ( Search and Seizure); UN Convention on Civil and Political Rights; Rule 110 of the Rules of Court ( Prosecution of Offenses); Principles of Law Enforcement operations; Guidelines in the Management of Disaster and Relief Operations; Methods and Procedure in the protection of the crime scene; Planning and Steps in Police operations and Crime Mapping (Computer Statistics) in the law enforcement operations and criminal justice. Course Learning Outcomes CLO1: Demonstrate competence and broad understanding with crime mapping and its effect in the operation of law enforcement administration, public safety, and criminal justice. CLO2: Apply the Principles of and Jurisprudence of Criminal Law, evidence, and criminal procedure in relation to effectively implement law enforcement operation and planning. CLO3: Collaborate effectively and independently in multi-disciplinary and multicultural teams related to police operation and crime mapping. CLO4: Engage in lifelong learning and understanding of the need to keep abreast on the developments in the field Criminology and Criminal Justice in relation to law enforcement operation and planning. TOPIC 1

Article III of the 1987 Constitution ARTICLE III BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation

 

of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

 

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.

 

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all  judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

 

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If  an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

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RA 7438 Republic Act No. 7438

April 27, 1992

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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of  Public Officers. –

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.lawphi1Ÿ

 

(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person 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.

(e) 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.

(f) 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.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated 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.

 

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting preliminary investigation or those charged with the prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light felonies;lawphi1©alf 

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code.

Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer, who fails 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, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of  imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense.

 

The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such investigating officer or in his place, who fails to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits 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 shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).lawphi1©

The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and prevent his escape.

Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws, presidential decrees, executive orders or rules and regulations, or parts thereof  inconsistent with the provisions of this Act are repealed or modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any daily newspapers of general circulation in the Philippines.

Approved: April 27, 1992.lawphi1Ÿ TOPIC 3

Rule 113 of the Rules of Court RULE 113 Arrest

Section 1. Definition of 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. (1)

 

Section 2. Arrest; how made. — An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest.

No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. (2a)

Section 3. Duty of arresting officer. — It shall be the duty of the officer executing the warrant to arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay. (3a)

Section 4. Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of  his failure to execute the warrant, he shall state the reasons therefor. (4a)

Section 5. Arrest without warrant; when lawful. — 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; and

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

 

In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. (5a)

Section 6. Time of making arrest. — An arrest may be made on any day and at any time of  the day or night. (6)

Section 7. Method of arrest by officer by virtue of warrant. — When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of  such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable. (7a)

Section 8. Method of arrest by officer without warrant. — When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of  the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. (8a)

Section 9. Method of arrest by private person. — When making an arrest, a private person shall inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists before the person making the arrest has opportunity to so inform him, or when the giving of such information will imperil the arrest. (9a)

Section 10. Officer may summon assistance. — An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an officer shall assist him in effecting the arrest when he can render such assistance without detriment to himself. (10a)

 

Section 11. Right of officer to break into building or enclosure. — An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose. (11a)

Section 12. Right to break out from building or enclosure. — Whenever an officer has entered the building or enclosure in accordance with the preceding section, he may break out therefrom when necessary to liberate himself. (12a)

Section 13. Arrest after escape or rescue. — If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines. (13)

Section 14. Right of attorney or relative to visit person arrested. — Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in the jail or any other place of  custody at any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested can also exercise the same right. (14a)

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Rule 126 of the Rules of Court RULE 126

Search and Seizure

Section 1. Search warrant defined. — A search warrant is 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. (1)

Section 2. Court where application for search warrant shall be filed. — An application for search warrant shall be filed with the following:

 

a) Any court within whose territorial jurisdiction a crime was committed.

b) For compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of the commission of the crime is known, or any court within the judicial region where the warrant shall be enforced.

However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. (n)

Section 3. Personal property to be seized. — A search warrant may be issued for the search and seizure of personal property:

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or

(c) Used or intended to be used as the means of committing an offense. (2a)

Section 4. Requisites for issuing search warrant. — A search warrant shall not issue except 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 he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. (3a)

Section 5. Examination of complainant; record. — The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements, together with the affidavits submitted. (4a)

 

Section 6. Issuance and form of search warrant. — If the judge is satisfied of the existence of  facts upon which the application is based or that there is probable cause to believe that they exist, he shall issue the warrant, which must be substantially in the form prescribed by these Rules. (5a)

Section 7. Right to break door or window to effect search. — The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. (6)

Section 8. Search of house, room, or premise to be made in presence of two witnesses. — No search of a house, room, or any other premise shall be made except in the presence of  the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality. (7a)

Section 9. Time of making search. — The 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. (8)

Section 10. Validity of search warrant. — A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be void. (9a)

Section 11. Receipt for the property seized. — The officer seizing property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property. (10a)

Section 12. Delivery of property and inventory thereof to court; return and proceedings thereon. — (a) The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath.

 

(b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has been made, and if none, shall summon the person to whom the warrant was issued and require him to explain why no return was made. If the return has been made, the  judge shall ascertain whether section 11 of this Rule has been complained with and shall require that the property seized be delivered to him. The judge shall see to it that subsection (a) hereof has been complied with.

(c) The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return, the result, and other actions of the judge.

A violation of this section shall constitute contempt of court.(11a)

Section 13. Search incident to lawful arrest. — A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant. (12a)

Section 14. Motion to quash a search warrant or to suppress evidence; where to file. — A motion to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by the court where the action has been instituted. If no criminal action has been instituted, the motion may be filed in and resolved by the court that issued the search warrant. However, if such court failed to resolve the motion and a criminal case is subsequent filed in another court, the motion shall be resolved by the latter court. (n)

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Rule 110 of the Rules of Court Finals RULE 110

Prosecution of Offenses

Section 1. Institution of criminal actions. — Criminal actions shall be instituted as follows:

 

(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.

(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.

The institution of the criminal action shall interrupt the running period of prescription of the offense charged unless otherwise provided in special laws. (1a)

Section 2. The Complaint or information. — The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. (2a)

Section 3. Complaint defined. — A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. (3)

Section 4. Information Information defined. — An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. (4a)

Section 5. Who must prosecute criminal actions. — All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor. However, in Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned thereto or to the case is not available, the offended party, any peace officer, or public officer charged with the enforcement of the law violated may prosecute the case. This authority cease upon actual intervention of the prosecutor or upon elevation of the case case to the Regio Regional nal Tri Trial al Court. Court.

(This (This Sectio Section n was repeal repealed ed by A.M. A.M. No. 02-202-2-

07-SC effective May 1, 2002)

The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution

 

without including the guilty parties, if both alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders.

The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by any of them. If  the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf.

The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is incompetent or incapable of doing so. Where the offended party, who is a minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The right to file the action granted to parents, grandparents or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided, except as stated in the preceding paragraph.

No criminal action for defamation which consists in the imputation of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party. (5a)

The prosecution for violation of special laws shall be governed by the provisions thereof. (n)

Section 6. Sufficiency of complaint or information. — A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.

When an offense is committed by more than one person, all of them shall be included in the complaint or information. (6a)

 

Section 7. Name of the accused. — The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known. If  his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown.

If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record. (7a)

Section 8. Designation of the offense. — The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it. (8a)

Section 9. Cause of the accusation. — The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment. (9a)

Section 10. Place of commission of the offense. — The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of the essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense or is necessary for its identification. (10a)

Section 11. Date of commission of the offense. — It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission. (11a)

Section 12. Name of the offended party. — The complaint or information must state the name and surname of the person against whom or against whose property the offense was

 

committed, or any appellation or nickname by which such person has been or is known. If  there is no better way of identifying him, he must be described under a fictitious name.

(a) In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged.

(b) If the true name of the of the person against whom or against whose properly the offense was committed is thereafter disclosed or ascertained, the court must cause the true name to be inserted in the complaint or information and the record.

(c) If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is known or by which it may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law. (12a)

Section 13. Duplicity of the offense. — A complaint or information must charge but one offense, except when the law prescribes a single punishment for various offenses. (13a)

Section 14. Amendment or substitution. — A complaint or information may be amended, in form or in substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of  court and when it can be done without causing prejudice to the rights of the accused.

However, any amendment before plea, which downgrades the nature of the offense charged in or excludes any accused from the complaint or information, can be made only upon motion by the prosecutor, with notice to the offended party and with leave of court. The court shall state its reasons in resolving the motion and copies of its order shall be furnished all parties, especially the offended party. (n)

If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with section 19, Rule 119, provided the accused shall not be placed in double jeopardy. The court may require the witnesses to give bail for their appearance at the trial. (14a)

 

Section 15. Place where action is to be instituted. —

(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of  the municipality or territory where the offense was committed or where any of its essential ingredients occurred.

(b) Where an offense is committed in a train, aircraft, or other public or private vehicle while in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft or other vehicle passed during such its trip, including the place of its departure and arrival.

(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law.

(d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed. (15a)

Section 16. Intervention of the offended party in criminal action. — Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the offended party may intervene by counsel in the prosecution of the offense. (16a)

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UN Convention on Civil and Political Rights International Covenant on Civil and Political Rights

Adopted and opened for signature, ratification and accession accession by General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force 23 March 1976, in accordance with Article 49 Preamble

 

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of  free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

Agree upon the following articles:

PART I

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation,

 

based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of  the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

 

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Article 4

1 . In time of public emergency which threatens the life of the nation and the existence of  which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.

3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.

 

2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

PART III

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of  the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

 

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

2. No one shall be held in servitude.

3.

(a) No one shall be required to perform forced or compulsory labour;

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;

(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:

(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;

(ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;

 

(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;

(iv) Any work or service which forms part of normal civil obligations.

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a  judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10

 

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

2.

(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

Article 11

No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation. Article 12

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.

 

4. No one shall be arbitrarily deprived of the right to enter his own country.

Article 13

An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

 

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in person or through legal assistance of  his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

(g) Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of   justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

 

Article 15

1 . No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.

2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.

Article 16

Everyone shall have the right to recognition everywhere as a person before the law.

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

 

2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

4. The States Parties to the present Covenant undertake to have respect for the liberty of  parents and, when applicable, legal guardians to ensure the religious and moral education of  their children in conformity with their own convictions.

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 20

1. Any propaganda for war shall be prohibited by law.

 

2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

Article 21

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 22

1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.

2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of  national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

Article 23

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

 

2. The right of men and women of marriageable age to marry and to found a family shall be recognized.

3. No marriage shall be entered into without the free and full consent of the intending spouses.

4. States Parties to the present Covenant shall take appropriate steps to ensure equality of  rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

Article 24

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

Article 25

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

 

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c) To have access, on general terms of equality, to public service in his country.

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 27

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

PART IV

Article 28

1. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided.

2. The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of  some persons having legal experience.

 

3. The members of the Committee shall be elected and shall serve in their personal capacity.

Article 29

1. The members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the present Covenant.

2. Each State Party to the present Covenant may nominate not more than two persons. These persons shall be nationals of the nominating State.

3. A person shall be eligible for renomination.

Article 30

1. The initial election shall be held no later than six months after the date of the entry into force of the present Covenant.

2. At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations shall address a written invitation to the States Parties to the present Covenant to submit their nominations for membership of the Committee within three months.

3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties to the present Covenant no later than one month before the date of each election.

4. Elections of the members of the Committee shall be held at a meeting of the States Parties to the present Covenant convened by the Secretary General of the United Nations at

 

the Headquarters of the United Nations. At that meeting, for which two thirds of the States Parties to the present Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

Article 31

1. The Committee may not include more than one national of the same State.

2. In the election of the Committee, consideration shall be given to equitable geographical distribution of membership and to the representation of the different forms of civilization and of the principal legal systems.

Article 32

1. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4. 2. Elections at the expiry of office shall be held in accordance with the preceding articles of  this part of the present Covenant.

Article 33

1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his functions for any cause other than absence of a temporary character, the Chairman of the Committee shall notify the Secretary-General of the United Nations, who shall then declare the seat of that member to be vacant.

2. In the event of the death or the resignation of a member of the Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect.

 

Article 34

1. When a vacancy is declared in accordance with article 33 and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-General of the United Nations shall notify each of the States Parties to the present Covenant, which may within two months submit nominations in accordance with article 29 for the purpose of filling the vacancy.

2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of  the persons thus nominated and shall submit it to the States Parties to the present Covenant. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part of the present Covenant.

3. A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall hold office for the remainder of the term of the member who vacated the seat on the Committee under the provisions of that article.

Article 35

The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of the Committee's responsibilities.

Article 36

The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Covenant.

Article 37

 

1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations.

2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

3. The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office at Geneva.

Article 38

Every member of the Committee shall, before taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously.

Article 39

1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:

(a) Twelve members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote of the members present.

Article 40

1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress

 

made in the enjoyment of those rights: (a) Within one year of the entry into force of the present Covenant for the States Parties concerned;

(b) Thereafter whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant.

3. The Secretary-General of the United Nations may, after consultation with the Committee, transmit to the specialized agencies concerned copies of such parts of the reports as may fall within their field of competence.

4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States Parties to the present Covenant.

5. The States Parties to the present Covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this article.

Article 41

1. A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:

 

(a) If a State Party to the present Covenant considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged;

(d) The Committee shall hold closed meetings when examining communications under this article;

(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present Covenant;

(f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered in the Committee and to make submissions orally and/or in writing;

 

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when ten States Parties to the present Covenant have made declarations under paragraph I of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.

Article 42

1.

(a) If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of  the States Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant;

(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part of 

 

the composition of the Commission, the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members.

2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party which has not made a declaration under article 41.

3. The Commission shall elect its own Chairman and adopt its own rules of procedure.

4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the SecretaryGeneral of the United Nations and the States Parties concerned.

5. The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article.

6. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information.

7. When the Commission has fully considered the matter, but in any event not later than twelve months after having been seized of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned:

(a) If the Commission is unable to complete its consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of  the matter;

(b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached;

 

(c) If a solution within the terms of subparagraph (b) is not reached, the Commission's report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned;

(d) If the Commission's report is submitted under subparagraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission.

8. The provisions of this article are without prejudice to the responsibilities of the Committee under article 41.

9. The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.

10. The Secretary-General of the United Nations shall be empowered to pay the expenses of  the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article.

Article 43

The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of  experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 44

The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent

 

instruments and the conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.

Article 45

The Committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council, an annual report on its activities.

PART V

Article 46

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.

Article 47

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.

PART VI

Article 48

1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to the present Covenant.

 

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 49

1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.

2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of  ratification or instrument of accession.

Article 50

The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.

Article 51

 

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes. 3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.

Article 52

1. Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of  the following particulars:

(a) Signatures, ratifications and accessions under article 48;

(b) The date of the entry into force of the present Covenant under article 49 and the date of  the entry into force of any amendments under article 51. Article 53

1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 48.

 

TOPIC 7

Principles of Law Enforcement operations The general principles of use of force in law enforcement The principle of necessity The principle of necessity has three interrelated elements: the duty to use non-violent means wherever possible; the duty to use force only for a legitimate law enforcement purpose; and the duty to use only the minimum necessary force that is reasonable in the prevailing circumstances.

Wherever possible, law enforcement officials should use non-violent means to achieve a legitimate law enforcement objective before resorting to physical force. This default position is explicitly affirmed in Principle 4 of the 1990 Basic Principles: "Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms. They may use force and firearms only if other means remain ineffective or without any promise of achieving the intended result." Such non-violent means include the symbols of police authority such as their presence, uniform, or vehicle; body language (including intensified eye contact with the individual); and verbal persuasion, such as by pointing out the futility of resistance. A need for law enforcement officials to use force may be reduced by their appropriate equipping with "self-defensive equipment such as shields, helmets, bulletproof vests and bulletproof means of transportation", as set out in Principle 3 of the 1990 Basic Principles. Moreover, law enforcement officials are also entitled to enjoy protection from the state of their fundamental human rights to life and to bodily integrity.

In addition, each use of force must be for a legitimate law enforcement purpose. As Article 3 of the 1979 Code of Conduct provides, law enforcement officials may use force only "to the extent required for the performance of their duty". The official commentary on this provision clarifies that law enforcement officials may use such force, and no more, "as is reasonably necessary under the circumstances" to prevent crime or to effect or assist in the lawful arrest of offenders or suspected offenders. The 2001 European Code of Police Ethics similarly provides that the police may use force "only when strictly necessary and only to the extent required to obtain a legitimate objective" (Council of Europe, 2001, para. 37).

Accordingly, force must never be used vindictively or as a form of extrajudicial punishment; meted out in a discriminatory manner; or applied against an individual offering no resistance.

 

In addition, no additional force is lawful when the need has passed, such as when a suspect is safely and lawfully detained. Discriminatory practices, such as those carried out by law enforcement officials against minorities, are clearly a violation of international law.

Central to the principle of necessity, however, is that when force is necessary, it must be no more than the minimum reasonably necessary in the circumstances. This means that even violent or potentially violent suspects should be arrested, or killed, except in very extreme cases where using force and lethal force is the only possibility to stop an imminent risk to life. In 1982, the Human Rights Committee stated in their views in the case of Guerrero v. Colombia that the state acted unlawfully by shooting suspected terrorists instead of  arresting them, as they could have done in the circumstances. In 2015, in Bouyid v. Belgium (No. 23380/09), the Grand Chamber of the European Court of Human Rights reiterated that "in respect of a person who is ... confronted with law-enforcement officers, any recourse to physical force which has not been made strictly necessary by his own conduct diminishes human dignity and is, in principle, an infringement" of the right to freedom from torture and inhuman or degrading treatment (para. 88, 100).

At the same time, law enforcement officials may make an honest mistake and not be held criminally liable, unless that mistake was manifestly unreasonable in the circumstances. In its 1995 judgment in the McCann and others v. United Kingdom (No. 18984/91) case, the Grand Chamber of the European Court of Human Rights stated that use of force by agents of  the State may be justified "where it is based on an honest belief which is perceived, for good reasons, to be valid at the time but which subsequently turns out to be mistaken. To hold otherwise would be to impose an unrealistic burden on the State and its law-enforcement personnel in the execution of their duty, perhaps to the detriment of their lives and those of  others" (para. 200).

The principle of proportionality The principle of proportionality as it applies to use of force in law enforcement is often misunderstood. Proportionality does not mean that force must be used by a law enforcement official in strict accord with any use of force continuum (where the level of  force is raised in stages), or as a like response to violence from a criminal suspect. Instead, it sets a ceiling on what amounts to lawful use of force, in accord with the threat posed by an individual or group of individuals and the offence that has been or is about to be committed.

 

According to the commentary on Article 3 of the 1979 Code of Conduct, "National law ordinarily restricts the use of force by law enforcement officials in accordance with a principle of proportionality. It is to be understood that such national principles of  proportionality are to be respected in the interpretation of this provision. In no case should this provision be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved." Similarly, according to Principle 5 of the 1990 Basic Principles, "Whenever the lawful use of force and firearms is unavoidable, law enforcement officers shall ... act in proportion to the seriousness of the offence and legitimate objective to be achieved."

Proportionality only comes into play if the principle of necessity is respected. Thus, the use of force must already be necessary in the circumstances and the force actually used must be no more than the minimum necessary to achieve a legitimate law enforcement objective. The principle of proportionality may act to render such "necessary" force unlawful. So, for example, to stop an escaping thief might require a law enforcement official to use his or her firearm. In such a circumstance, however, the principle of proportionality will prevent such use, even where it unquestionably amounts to the minimum necessary force in any particular situation. As the Grand Chamber of the European Court of Human Rights held in 2005 in the Nachova v. Bulgaria case (No. 43577/98), an escaping suspect (who does not pose a grave threat to life) may not be shot "even if a failure to use lethal force may result in the opportunity to arrest the fugitive being lost" (para. 95).

With respect to an electric-shock weapon, such as a Taser TM, national case law has noted the relevance of proportionality. In Armstrong v. Village of Pinehurst, the United States Court of Appeals for the Fourth Circuit, held that: "Immediately tasing a non-criminal, mentally ill individual, who seconds before had been conversational, was not a proportional response." Electric shock weapons, the Court held, "are proportional force only when deployed in response to a situation in which a reasonable officer would perceive some immediate danger that could be mitigated by using the taser" (2016, p. 19, 21.)

The principle of precaution The principle of precaution underpins the principles of necessity and proportionality. Under the principle of precaution, the state is duty bound to plan law enforcement operations in a manner that minimizes the risk of law enforcement agencies and officials having recourse to potentially lethal force. The rationale is to limit the risk of death or serious injury to any member of the public or law enforcement official. According to Principle 5(b) of the 1990

 

Basic Principles, whenever lawful use of force and firearms is unavoidable, law enforcement officials must "minimize damage and injury" and "respect and preserve human life". But measures need to be taken "upstream" in the operational planning phase to "avoid situations where the decision on whether to pull the trigger arises, or to ensure that all the possible steps have been taken to ensure that if that happens, the damage is contained as much as is possible" (UN Special Rapporteur on Summary Executions, 2014, para. 69).

The precautionary principle was first enunciated by the European Court of Human Rights in its 1995 Grand Chamber judgment in the McCann v. United Kingdom (No. 18984/91) case: "the Court must carefully scrutinise ... not only whether the force used by the soldiers was strictly proportionate to the aim of protecting persons against unlawful violence but also whether the anti-terrorist operation was planned and controlled by the authorities so as to minimise, to the greatest extent possible, recourse to lethal force" (para. 194). The InterAmerican Court of Human Rights has held that proportionality "is also related to the planning of preventive measures, since it involves an assessment of the reasonableness of  the use of force. Thus, it is useful to analyze the facts rigorously to determine ... whether the violations could have been avoided with the implementation of less harmful measures" (Inter-American Court of Human Rights, 2012, para. 87).

In addition, with a view to preserving life, according to Basic Principle 5(a) of the 1990 Basic Principles, law enforcement officials must also ensure that "assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment". This must equally be part of the planning process for law enforcement operations. In the Finogenov v. Russia case (No. 18299/03) in 2011, the European Court of Human Rights examined whether the hostage rescue operation was planned and implemented in compliance with the authorities' positive obligations under the right to life in Article 2 of the 1950 European Convention on Human Rights, "namely whether the authorities took all necessary precautions to minimise the effects of the gas on the hostages, to evacuate them quickly and to provide them with necessary medical assistance" (para. 237). The duty to assist applies even if the injured person is a suspected offender.

TOPIC 8

Guidelines in the Management of Disaster and Relief Operations Global Disaster Risk Reduction and Management Pathway Disasters have devastating consequences. They cause death, injury, disease, the destruction of property and other assets, mass displacement, social and economic disruption, loss of  infrastructure and other services, and damage to the environment. Poor people living in low

 

and middle income countries have paid a disproportionate price in terms of human suffering. Their exposure to hazards is exacerbated by poverty, lack of early warning systems, poor risk governance and an absence of the civil protection mechanisms that are taken for granted in high-income countries. However, while we can’t prevent a hazard from occurring, we can use disaster risk reduction and management to understand risk and vulnerability, prevent a hazard from becoming a disaster, and mitigate its impact by making people more resilient.

This Disaster Risk Reduction and Management (DRRM) course has been designed to provide an in-depth overview of DRRM to humanitarian professionals interested in expanding their knowledge on DRRM. It draws on the very latest global practice and theory combined with expert content from around the world to advance knowledge and learning on this expanding area of practice and research. In addition to presenting the standard frameworks, it introduces new thinking on vulnerability and risk, on resilience and on urban contexts.

This course is developed in an interactive way with audio, videos and interviews from experts working in this area to really bring key issues and debates around DRRM to life.

A person with a thinking bubble Is this course for me? This course is aimed at provincial administrators, mid-level managers and NGO practitioners who are interested in designing and implementing people-centred DRRM in response to disasters and humanitarian crises. This course is not for entry level learners but for those seeking a more nuanced understanding of DRRM.

A person with a lightbulb over their head How will I benefit from this course? On completion of this course you will:

Know Have a solid grounding in the latest theory and practice in DRRM. Understand key DRRM concepts, models and frameworks. Understand the importance of adopting a people-centred approach to DRRM.

 

Understand how hazards affect people in different ways, according to the effects of  economic, political, social and cultural factors that determine their vulnerability. Be able to

Identify the main types of hazards and how they interact with vulnerabilities. Deploy key DRRM concepts of risk and vulnerability, as well as understanding some of the basics around hazards, exposure and resilience. Describe the basic elements of the disaster cycle from preparedness and mitigation to response and recovery. Identity the opportunities and challenges of carrying out DRRM in different contexts. Feel

Have the confidence to put into practice the most recent learning and knowledge around DRRM. TOPIC 9

Methods and Procedure in the protection of the crime sceneEvidence Collection Investigators should perform the evidence collection process in a systematic and careful manner. The process begins with the preliminary crime scene survey/walk-through, followed by a determination of the evidence collection sequence to be used. The evidence collection sequence may be based on the following information: • The scene location: interior, exterior, within a vehicle. • The condition of the evidence: either fragile or stable. • Weather conditions which might affect the scene or evidence within. • Scene management considerations which may alter or contaminate the evidence. • Additional processing techniques that may need to be conducted at the scene with specialized personnel. Investigators should use the appropriate equipment when collecting evidence. Collection equipment that may come into contact with evidence should be sterile. The following equipment may be used in the evidence collection process:

 

• Latex gloves/nitrile gloves (N-DEX, nonlatex). • Forceps. • Tweezers. • Scalpels. • Swabs. • Paper bags. • Plastic bags. • Cardboard boxes. • Wrapping paper. • Hand tools. • Thermometer. • Plastic 5 gallon bucket with lid Collection Methods The swabbing collection technique should be used for the recovery of biological evidence in a dried or liquid state. Best practice techniques include the following: Dried Material Collection Technique • With gloved hands, slightly moisten the swab with distilled water. (The swab should be damp but not overly wet.) • Thoroughly rub the stained area using a single moistened swab for a small stain and multiple swabs for a large stain. When only a small amount of the stain is available, concentrate as much of the stain as possible on the tip of the swab. • Air-dry the swabs. • Place each swab into separate package. • This package may be placed inside a paper envelope. • Collect a substrate/control sample from an unstained area using the same techniques. Liquid Material Collection Technique

 

A. When suspected biological evidence is found on clothing or other absorbent surfaces, transport it to the laboratory in an appropriate container. Wet evidence should not be folded over on itself. Use paper wrapping to prevent contamination during the transfer. This will protect bloodstain patterns and prevent cross-contamination between stains on one item. The item should be air-dried thoroughly in a drying locker and packaged in a container suitable for dried evidence. B. If the suspected biological evidence is in a liquid form on a fixed surface that cannot be transported (i.e., concrete floor), the substance should be recovered using the following swab technique: 1. With gloved hands, swab the liquid material allowing the swab to absorb as much of the substance as possible. Multiple swabs should be obtained when a large quantity is available. 2. Thoroughly air-dry each swab. Package the swab inside an appropriate container. 3. Collect a substrate/control sample from an unstained area using the same techniques Evidence Marking and Packaging All evidence collected at a crime scene, or received at or during a crime scene investigation, is inventoried and packaged prior to leaving the scene to prevent loss or cross-contamination. Mark the item of evidence when possible. Evidence which cannot be marked, such as soil, hair and stains, should be placed in an appropriate container or envelope. Marking some items directly may interfere with forensic analysis of the item. Always mark the outer packaging. When marking evidence directly, include the following:

 

• Agency case number. • Item number. • Date recovered or received. • Investigator’s initials. Evidence that has been inventoried, marked and prepared for submittal (or to be returned to the investigating agency) is packaged in an appropriate container and labeled per agency protocol. All outer packaging is marked with the following information:

• Agency case number. • Item number. • Description of the item(s). • Investigator’s name or initials. Containers that have been inventoried and marked are sealed with agency-approved evidence tape prior to submittal or release to the custody of the investigating agency. Evidence tape is used to seal the packaging and is marked with the investigator’s name or initials and the date sealed. Establishing the Chain of Custody The chain of custody is a tracking document beginning with detailed scene notes that document where the evidence was received from or collected. The chain of custody is initially established when an investigator takes custody of evidence at a crime scene, or when evidence is received from an officer or detective at, or from, the crime scene. The chain of custody is established through a process that includes the following: • Take notes, including documenting the recovery location, the time and date recovered

 

or received, description of the item, condition of the item and any unusual markings or alterations to the item. • Collect, preserve, mark and package the evidence. • Seal the evidence. • Create the inventory list. • Prepare the chain-of-custody chain-of-custody documentation Transfer of Evidence to Property Room Many agencies transfer evidence to a property room prior to submission to a crime laboratory. Property room documentation or secure electronic transfer is used when the investigator submits evidence to the property room. The associated information may include the following: • Agency case number. • Type of evidence. • Officer responsible for the investigation: the name, rank and identification number of the officer for whom the evidence was recovered. The official laboratory report is addressed to this officer. • Transporting officer: the name, rank, identification number and assignment of the investigator. • Signature or other identifier of responsible officer and date prepared; the date the evidence is submitted to the property room. • Comment: the address where the incident was located, or where the evidence was recovered. The list of the evidence/property may include: • Number each evidence item sequentially. • Quantity of items included, e.g., 10 spent shell casings. • Serial number of the item, e.g., VCR, handgun. • Item description.

 

• Status: e.g., Submit for analysis, Hold, or RTC (releasable, return to claimant or owner). Chain of Custody The chain of custody documents the transfer of evidence/property from an investigator to another individual, location or agency. The following information is included in the chain of custody: • List of evidence: the item number and a brief description. • All transfers must include the date and time of transfer. • The signature of the individual releasing the evidence to another individual or location. • The signature of the individual transporting the evidence. • The signature of the individual receiving the evidence from another individual or location. • Reason for the transfer as needed. Reporting Two reporting formats may be used by an agency. The crime scene report is used to report crime scene activities and processing results. The second is used when analyzing evidence in the laboratory. • A crime scene report may be used for reporting scene activities. Investigators may prepare a draft/outline of their scene report per agency policy and later prepare a final report. • A laboratory examination report is used for reporting evidence analysis performed by laboratory personnel. Both types of reports are reviewed. The process may include an administrative and a technical review. Generally, a copy of the completed report is distributed to the prosecutor and the submitting agency. Contact at the Scene Upon arrival at the crime scene, the crime scene investigator will make contact with either the

 

detective/officer who requested the crime scene processing services, or with the detective/officer assigned to oversee or manage the crime scene. 1) Information exchange. After contact with the detective or officer in charge of the crime scene, the crime scene investigator will obtain the following information: • Agency case number assigned to the investigation. • Type of agency investigation. • Exact location of the scene. • Detective and reporting officer’s names and identification numbers. • Names of victim(s) and personal information, if needed. Additional information may be required due to the type of crime scene investigation including the following: • Suspect information. • Vehicle(s) information. • Witness names. • Additional crime scene locations. 2) Scene processing request or specific directions. • Each crime scene investigation is unique, and as such, the establishment of a clear and direct method of communicating scene information is required. • Crime scene investigators will discuss with the detective, or officer in charge of the crime scene, information regarding the type of investigation that is under way. Any relevant information regarding the processing of the scene and any specific scene-processing directions or evidence collection should be made known prior to scene entry. • In any crime scene investigation, new or additional information may be developed from outside the scene by the investigating agency. When new or additional information is developed concerning the crime scene, the agency should communicate that information to the crime scene investigator. This new or additional information may cause the crime

 

scene investigator to make changes in scene processing such as expanding to other areas and additional items of evidence or narrowing the scope of the scene and items of evidence. • Crime scene investigators may develop additional information while processing the scene that may support the agency’s theory or may be in conflict with statements made by individuals involved in the investigation. In either case, the crime scene investigator advises the detective or officer in charge of the crime scene of findings so the agency can proceed with its investigation. Preliminary Survey or Crime Scene Walk-Through A preliminary survey or walk-through of the crime scene with the detective or officer in charge should take place after the exchange of information. The investigator establishes a path to enter and exit the scene, avoiding the pathway used by the suspect, if possible, and preserving the scene from possible contamination. During this walk-through the crime scene investigator will do the following: • Evaluate the crime scene to help in formulating a plan for processing the scene and the collection and preservation of evidence. • Make appropriate notes of the scene, evidence located within the scene and the condition of the evidence. • Determine if any additional equipment or personnel are needed to process the scene, i.e., blood-spatter analysis or alternate light sources. • Confer with the detective or officer to determine what potential evidence needs to be recorded, recovered, and what processing will occur at the scene. Scene Search for Trace Evidence Trace evidence is any material such as hairs, fibers, glass, soil, paint, etc., found at a crime scene on a person or object. Trace evidence may be used to associate an individual(s) with a crime scene or another individual.

 

Crime scene investigators should be trained to recognize trace evidence, understand the potential value of trace evidence, and collect and preserve the sample and the control sample. When encountering noticeable items of trace evidence, document and collect the item immediately. Document and collect additional items, depending upon the conditions at the scene and stability of  the item of evidence.

The investigators should have the following equipment available for use in the search and collection of trace evidence: • Flashlight/hand lanterns – a portable light source that is equivalent to a rechargeable flashlight having a high intensity light output and operational for an extended time period. • Studio lights – a light source requiring access to AC current (electricity). The light bulb is a tungsten halogen projector lamp type of bulb with a 600-watt light output having a 75-hour rating. • A portable alternate light source (variable visible light wavelengths). • A more powerful, longer lasting light source may be transported to a crime scene, though bulky and requiring AC current (electricity) to operate. For example: Luma Lite. • A portable, lightweight and compact light source that may be transported to a crime scene. The light source can operate on AC current (electricity) or with the rechargeable battery pack. When searching for blood or other biological fluids, use the narrow band 415nm interference filter. Goggles or filters do not need to be used when searching for this type of evidence. Vacuum – a portable vacuum that operates on AC current. They are typically equipped with filters and an attachment to prevent the trace evidence from being drawn into the vacuum. If trace evidence is found, it should be photographed and noted to include the following: • Location where the evidence was recovered.

 

• Type of material. • Amount of material collected, or specify if only a sample was collected. • Condition of the evidence, i.e., wet or powder. • Controls or standards obtained, and locations from where obtained. • Packaging used for transportation to the laboratory. Scene Search for Biological Evidence Crime scene investigators may search a crime scene, other locations associated with a crime scene or individuals for suspected biological evidence (i.e., blood, semen, spit). When suspected biological evidence is identified, collect a sample for biological analysis or collect the entire item. When collecting the item, make a mark near the area where the sample was found (with a Sharpie or other marker). An arrow, line or circle should be made clearly indicating the location of the substance. Document the notes appropriately including: • Whether an alternate light source was used to locate the stain. • Location of the stain. • Size of the stain. • Substrate control sample location. Crime Scene Photography Crime scene photography is one of the most important duties that the crime scene investigator performs. Visual communications are substantiated and verified by quality, concise and accurate photographs of both the scene and the evidence as it was found. Photography of the scene and of evidence is one of the first procedures performed at a scene. This generally occurs after the note-taking process has begun. • Take the photographs so that the area and items of evidence will be identified and oriented with other areas in the overall scene. • The technique used at crime scenes is primarily a three-step process:

 

i) A long or wide-angle view, sometimes referred to as an establishing shot. ii) A medium or midrange view which focuses on particular objects, areas or evidence items. iii) A close-up view that clearly shows what the item is, its condition and its position at the scene. • Photograph all collected evidence at its original location. • An extreme close-up photograph may be taken of a small item, such as a bloodstain, hair, fabric stain or fingerprint in blood. For an extreme close-up shot, the item should be photographed at least twice, once with a scale (ruler) and at least once without a scale. • Investigators should use rulers and markers at crime scenes to identify items or areas being photographed. The markers may be cones with numbers or letters affixed to the cone, plastic evidence cards or index cards which have been marked identifying the evidence being photographed. When using markers, take a photograph of the object or area with and without the marker. • When evidence has been identified as having been moved from its original position at a crime scene, the investigator should make note of that. If the investigator is directed to photograph the evidence item in its original location, a detailed note should be made that the item was photographed in the area where it was originally located. Vehicles Vehicles recovered at a crime scene or other location should be photographed along with an associated landmark. Take photographs of the vehicle from a distance, if necessary, in order to include the landmark. • Take photographs of all four sides of the vehicle, with special attention to damage on the exterior of the vehicle. • Photograph the license plate and the VIN. • Take the following photographs at the scene if the vehicle will not be seized as evidence

 

and transported to a facility: o The odometer, if it can be recorded o The interior of the vehicle. o The trunk and contents. o Any items of evidence/property identified or recovered from the vehicle. Biological Evidence Some biological evidence which is not easily identified with the naked eye may be visualized with chemical enhancement or observed with an alternate light source. Investigators may use chemical enhancements, such as luminol, when visualizing areas with small amounts of blood. Luminol causes a chemical reaction to occur with blood, resulting in luminescence or glow. This process must be conducted in darkened areas to see and document the chemical reaction. Filtered photography techniques may be used at a crime scene to document evidence that is viewed with an alternate light source. A Luma-Lite or a Poliray® light is an example of an alternate light sources. Both units are transportable and may be taken to crime scenes to search for evidence. The alternate light sources are primarily used in the following manner: • Searching for biological fluids, such as saliva stains and semen stains. • Searching for other evidence items with dyes, inks, powders, substances or other fluids that may react when examined using an alternate light source. • Develop latent print evidence by using a chemical process followed by the examination of the area with an alternate light source. Case Files/Notes Case files may be prepared for each of the following: • Each crime scene processed. • Video assignments of crime scenes. • Requests for services requiring photographs only.

 

• Requests for services requiring the issuing of a formal laboratory report. • Follow-up assignments. Case files may contain the following: • All crime scene notes. • All rough sketches or diagrams. • Formal diagram, if required, based upon the type of investigation, or if requested. • Any photographs taken which were not released to the detective, the coroner or submitted with the pathologist report. • Written forms or printed secure electronic documentation, including the following: o Chain of custody. o Vehicle information sheet. o Vehicle outline sheet. o Weapons data form. o Evidence processing sheet. o Evidence room (evidence in/out form). o Property room voucher. o Property withdrawal or return receipt. o Laboratory notes. o Laboratory examination report. o Criminalistics information sheets. o Pathologist outline sheet. o Miscellaneous forms used to support or document casework performed or requested. • Any significant case-related conversations communicated by phone, e-mail or electronic communication (fax). • Subpoenas, only if received and testimony was provided in the case. Diagrams/Sketches

 

Rough sketches, diagrams and formal diagrams should be drawn on approved agency forms or graph paper. • Sketches/diagrams drawn to scale should identify the scale ratio on the diagram or "no scale" if none used. • Sketches/diagrams should be drawn using pencil, blue ink or black ink. • Crime scene sketches/diagrams should contain the minimum following information on the drawing: • Case number. • Date. • Investigator’s name or initials . • Page numbering (i.e., page 2 of 4). • Arrow or indicator showing the north direction, relative to the scene diagram. • Incident location address. Sketches and diagrams should document the scene fully, including the following: • Locations of evidence items recovered from the scene. • Furniture, vehicles, property items or other objects at a crime scene. • Bullet holes and/or damage caused at the scene by criminal action. This should illustrate the holes or damage with exact standard measurements, and permit another specialist or analyst to re-create the damage or bullet holes on a scaled diagram. • Finger, palm or foot impressions with the location(s), the surface material and measurements noted. • Shoe and tire impression, including a sketch of the pattern or tread design, and length and width measurements. • Supplemental sketches and diagrams of individual items of evidence with the exact measurements of the item on the drawing and whether the item is drawn to scale. • Blood-spatter interpretation diagram, when requested. This should be precise, with

 

detailed notes and sketches of blood stains, stain size, patterns, distributions, locations, and relationships between the body and objects at the scene. This also includes detailed diagrams of evidence submitted or recovered with exact measurements recorded.

TOPIC 10

POLICE PATROL OPERATIONS WITH POLICE COMMUNICATIONS SYSTEM

ORIGIN OF THE WORD POLITEIA  = Greek word, origin of the word “POLICE  POLITEIA = “ POLICE ”. ”. = The Romans changed it to POLITIA to  POLITIA and  and the French to POLICE  to  POLICE  and   and applied it to those persons who actually enforce the law. PATROUILLER = PATROUILLER  = origin of the word “PATROL “ PATROL”, ”, meaning rough meaning  rough by, to travel on foot. PART I POLICE PATROL OPERATION OVERVIEW OF PATROL 1. Patrol is the only unit working round the clock. 2. Patrol is the working horse of the Police Department. 3. Patrol is the Backbone of Police Department. 4. Patrol is the Operational Heart of Police Organization in crime prevention. 5. Patrol is the Show Window of Police Department 6. Patrol is the center or focal point of all police activities. 7. Patrol Patrol is ve very ry vital vital to pol police ice organi organiza zatio tion n be becau cause se socie society ty cannot cannot ex exist ist witho without ut people who will help maintain law and order. BRIEF HISTORY OF PATROL The history of patrol is as old as organized society. Men have always needed protection, first from animals, and then his own kind. His first attempt is to protect himself and his family which involves barricading the entrance to his cave. UNITED STATES •   Boston = Boston  = in 1636 formed the first Night first  Night Watch •   New York = York = after 20 years, formed a  Ratelwatch •   Philadelphia Philadelphia =  = 20th century, formed a Watchman a  Watchman,, a system of obligated duty for citizens

 

The  America  American n Watchma Watchman n was called “Leatherheads “Leatherheads”” bec becaus ause e they they wore varnished leather hats. •   1833 = 1833  = Philadelphia instituted the first the  first daytime paid police service. •   1844   = New York organized the  First Modern American Police Force  based on English Metropolitan Police System. •   Pendleton  = an act that established the   Civil Service for federal  Pendleton Act of 1883 1883 = employees •   1920’s 1920’s =  =  modern period in patrol  began   began with the use of  automobile   automobile patrol and  voice radio communications. PHILIPPINES •   Section Section 2275, 2275, Book Book III, Title IX, Art. Art. XI of the Revise Revised d Adminis Administra trativ tive e Code of the Philippines = Philippines  = authorizes a mayor upon approval of the governor  to require all require  all able-bodied male residents between the ages of 18 and 30 year  old , to assi assist st for for a peri period od of five five days days in any any one one mont month h in appr appreh ehen endi ding ng outlaw out laws s or other other law law breake breakers rs an and d act as   PATROLS   PATROLS   for the protec protecti tion on of  municipality, not exceeding one day in each week. •   Metropolitan Police Force (MPF) = (MPF)  = established as the police force in Manila on on January  January 9, 1901 •   Gen. Gen. Arthu Arthurr McArth McArthur ur (Fathe (Fatherr of Dougla Douglas s MacAr MacArthu thur) r)   = fi firs rstt Di Dist stri rict ct Director of MPF •   July 31, 1901 = 1901 = MPF evolved into Manila Police Department (MPD) •   Goldenberg Goldenberg Mansion Mansion   = ini initia tiall headqu headquart arters ers of MPD locate located d along along   Gen. Solano St., San Miguel, Manil a and then moved to  Manila City Hall  where Hall  where it stayed until 1945  until  1945  and after  and  after WWII in United Nations where it stands today. •   1978   = MPD underwent another transformations with its integration into the Integrated National Police (INP) •   1986   = MPD MPD furt furthe herr evol evolve ved d into into the the We West ster ern n Poli Police ce Dist Distri rict ct (WPD (WPD)) Command. •   July July 20, 20 2005 05   = WPD WPD was was rena rename med d Mani Manila la Poli Police ce Di Distr stric ictt purs pursua uant nt to General Order 05-10 •   Captain George Curry = Curry = first chief of Police of Manila •   Col. Antonio C. Torres = Torres = first Filipino Police Chief  •   December 8, 1941 = 1941 = Col. Torres declared Manila as an open city •   Col. Lamberto T. Javalera = Javalera = first Filipino Chief of Police of Manila, appointed by Pres. Manuel Roxas •   1939 – 1939  – the Manila Police District introduced the bicycle patrol. •   March 17, 1954 – 1954 – Automobile Patrol was introduced in Metro Manila. •   Isaias Alma Jose – Jose – first chief of Mobile Patrol of MPD BASIC POLICE FUNCTIONS 1. Crime Prevention – it –  it includes crime suppression 2. Crime Solution – covers –  covers investigation of crimes 3. Traffic Management – covers –  covers direction and control, traffic accident investigation

 

IMPORTANCE OF POLICE PATROL I. Patrol as the Backbone of Police Organization Patrol is the single largest element in the police organization. The actions taken by the officers have direct impact on the citizens. Patrol provides the “ears “ears and eyes” eyes” of the department. II. Patrol as the Essence Essence of Police Function Patrol is the only police service that directly attempts to eliminate the desire and opportunity to commit crime. III. Patrol as the Operational Heart of Police Organization The patrol force incorporates all objectives inherent in the police organization. OBJECTIVES OF POLICE PATROL 1. Crime Prevention and Suppression 2. Crime Investigation a. Preliminary Investigation 3 Purposes a.1. To determine what, if any, crime has been committed. a.2. To determine who has jurisdiction. a.3. To attempt the immediate apprehension of the suspect. • • • •

       

P  = Proceed to the scene with safety and dispatch R  = Render assistance to the injured E  = Effect arrest of the perpetrator  L  = Locate and identify the perpetrator 

•   I  = Interview complainants and witnesses •   M  = Maintain scene and protect evidence •   I  = Interrogate suspects •   N  = Note all conditions, events •   A  = Arrange for collection of evidence •   R  = Report incident fully and accurately •   Y  = Yield Responsibility to investigators b. Follow-up Investigation c. Collection of Evidence d. Crime Reporting 3. Law Enforcement = Enforcement  = primary function of the police the greatest responsibility is on patrol officers because of the nature of their duties. 4. Main Mainte tena nanc nce e of So Soci cial al Ord Order  er   = fundam fundamen ental tal and pri prima mary ry obliga obligatio tion n of the police department which includes the element of “Peace “Peace Keeping ”. ”. = considered as the most important function performed by the patrol officers.

 

5. Police Police Servi Service ce   = it is one one that that cr crea eate tes s conf confus usio ion n and and disc discor ord d am amon ong g poli police ce authoritie autho rities s in which which police police offic officers ers should should provide provide public public service service or social social service service which is an important part of police patrol. GENERAL GOAL OF PATROL •   “SAFEGUARD THE COMMUNITY”  PATROL FUNCTIONS TO ACHIEVE ITS GOAL 1.Protection of Life and Property 2. Preservation of Peace and Order  3. Prevention of Crime 4. Suppression of Criminal Activities 5. Apprehension of Criminals 6. Enforcement of Laws and Ordinances 7. Regulation of Non-Criminal Conduct 8. Performing Necessary Services and Inspection PURPOSES OF PATROL 1. To prevent the commission of crime. 2. To safeguard life and property. 3. To maintain peace and order. BASIC DUTIES OF POLICE PATROL The duties and objectives of police patrol are many, but the basic duties could probably be summed up in two words, protection words,  protection,, and service and  service.. 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. Sir Robert Robert Peel Peel fir first st presen presented ted preven preventiv tive e enfor enforcem cement ent as a crimi criminol nolog ogica ical l   philosophy . And this had been regarded as the  soundest of all criminological theories. theories. “It is much easier to patch a crack in the dike than to repair the wall after it has broken. An ounce broken. ounce of preventio prevention n being being worth a pound pound of cure.” cure.” 2. Selective Enforcement This involves going either where the trouble is, or where the trouble likely to occur. If a certain area is subject to a high crime rate, the patrol cars spend a greater  part of their patrolling time in that area. 3. Traffic Enforcement La Larg rge e po poli lice ce depa depart rtme ment nts s have have tr traf affi fic c divi divisi sion ons, s, but but the the majo majori riti ties es of th the e departments are small, and have only patrol division to handle traffic enforcement.

 

Traffic enforcement is strongly dependent upon personal contact between the patrol officers and the violators. The important thing is that the violator is stopped and the violation is brought to his attention. 4. Emergency Call for Service One of the duties and purposes of patrol is the handling of emergency calls for  service. Since the handling of emergency calls for service is one of the basic duties of th the e patr patrol ol offi office cer, r, he sh shou ould ld be trai traine ned d in fi firs rstt aid aid and and wa wate terr li life fe-s -sav avin ing g emergencies. 5. Routine Call for Service Routine call account for the majority of services provided by the patrol division. Because of this, officers have to guard against becoming callused and indifferent to calls of this nature. CLASSESS OF PATROL ACTIVITIES 1. Called for Service = Service  = incidents requiring immediate police action 2. Inspectional Service   = patrol activity tends to reduce criminal opportunity and accidents 3. Routine Patrol   = directed at less tangible hazards such as poor lighted areas, business section, etc… FACTORS THAT DETERMINE PATROL DEPLOYMENT 1. Resi Reside dent nt and and tr tran ansi sien entt popu popula lati tion ons s in the the busi busine ness ss and and to tour uris istt distr distric ict, t, and and University belt 2. Number and types of crimes and arrests 3. Location of crimes and arrests 4. Traffic collision statistics and patterns 5. Location of frequent incidents or hazard requiring concentrated police coverage 6. Disproportionate concentration of population 7. Socio-economic factors 8. Zoning plan of the city 9. Size and shape of Area of Responsibility (AOR) 10. Location, size and access to parks and recreational facilities 11. Age, gender and civil status ratio of population 12. Homogeneity of population 13. Modes of transportation and location of criminals 14. Number and qualification of officers available for field duties 15. Level of trust and confidence of the people to the police POLICE PERSONNEL DISTRIBUTION Patrol force – an organization within an organization. It serves as the as  the nucleus or focal   point of the department. Functions department. Functions are distributed as follows: 1. Patrol Function = 50% 2. Criminal Investigation = 15%

 

3. Traffic Functions = 10% 4. Vice and Juvenile Related Functions = 10% 5. Administrative Functions = 10% 6. Auxiliary Functions = 5% Manning Level of Patrol Force The patrol unit must have the most number of personnel. Rule of the Rule the Thum Thumb b   – regar regardin ding g mannin manning g lev level el of any police police de depar partme tment nt must must be observed. R.A. 6975 – standard manning level is 1:500, however, in extreme conditions, this may be stretched to maximum of 1:100. FACTOR FACT ORS S AFFEC FFECTI TING NG EFFI EFFICI CIEN ENT T AND EFFE EFFECT CTIV IVE E DIST DISTRI RIBU BUTI TION ON OF PATROL FORCES 1. Police Police Hazard Hazard   = situat situation ions s or condi conditio tions ns that that may induce induce incid incident ents s calli calling ng for  some kind of police action. = in inclu clude des s any person person,, place, place, thing, thing, situa situatio tion, n, condit conditio ion n po posse ssessi ssing ng a high high pote potent ntia iall for for cr crim imin inal al atta attack ck or for for cr crea eati tion on of any any ot othe herr ty type pe of prob proble lem m necessitating a demand for immediate police service. KINDS OF POLICE HAZARDS a. Persons = Persons  = such as criminals, alcoholics, addicts, gamblers, prostitutes, drug peddlers, juvenile delinquents, insane persons b. Property = Property  = includes piers, warehouse, unoccupied dwellings, gambling joints, banks, pawnshops, drug dens, gambling dens c. Place Places s   = ter termin minals als,, demon demonstr strati ations ons,, parks, parks, bars, bars, pa parad rades, es, conven conventio tions, ns, political meetings, lodging houses, schools, athletic events FACTORS THAT CREATE HAZARDS a. Defi Deficient cient Visibility = Visibility = resulting from inadequate illumination or obstruction of  views b. Insecurity of Premises = Premises  = created by the absence of suitable locks, bars and gratings c. Presence of Conditions of Things = Things  = poorly designed roadways, defects or obstruction in public spaces and presence of combustibles d. Presence of People = People  = crowd offers opportunities for theft, loss of persons or  things, fights and panics e. Lack of regulation 2. Chronological Distribution = Distribution  = involves consideration of the nature and causes of  cr crim imes es.. Patr Patrol ol offi office cers rs shou should ld know know how how cr crim imes es are are comm commit itte ted, d, when when and and who who commits them.

 

Crime Clock = Clock  = signifies what time crime is often or frequently committed Crime Map = Map  = location or place or crime prone areas wherein crime is frequently or often committed. 3. Geogr Geographica aphicall Distributio Distribution n   = invol involve ves s weig weighi hing ng cate catego gori ries es of inci incide dent nts s and and accounting the number of identifiable hazards and street mileage. 4. Walking Beats  Beats   = it involved determining man hours needed to cover the streets and alleys to inspect the police hazards predominating the AOR. 5. Motor Patrol Distribution   = involves determining the need to shift motor patrol units hour-by-hour at the area according to where and when crime mostly likely to occur. POST ASSIGNMENT 1. Regula gularr Post ost   = assignin assigning g members members to regular/u regular/usual sual post which which usually usually based on seniority. 2. Post Rotation   = is the process of assigning members of patrol force from post to post

PREPARATIONS FOR PATROL OPERATIONS 1. General Preparation = Preparation  =   attitude is attitude  is the first the  first and foremost preparation of preparation  of patrol office officerr since since he will will be dea dealin ling g with with diffe differen rentt person persons s in the socie society. ty. His His va value lue system must be in harmony with the objective of law enforcement and sense of  fair play. 2. Pre-Patrol Preparation  Preparation   – the police officer should be armed with knowledge an and d equipm equipment ent.. This This can be done done thru thru fall-i fall-in n format formation ion in the headqu headquart arters ers,, precincts or police blocks devoted to giving of assignments. 3. Vehicle Inspection   – involves inspection of patrol vehicle to be used before going out on patrol 4. In-Field Preparation – Preparation  – this is made by having  debriefing  conference   conference with the officer who is being relieved and who has just spent the previous tour of duty. 5. District Orientation Tour   Tour   – this involves familiarization of assigned area for  patrolling upon arrival in the field.

STREET KNOWLEDGE This Th is re refe fers rs to thor thorou ough gh geog geogra raph phic ical al know knowle ledg dge e of th the e patr patrol ol area area or an understanding of the character, fears, concerns, problems and attitudes of the local residents TERRITORIAL UNITS IN PATROL 1. Post – Post  – a fixed point or location to which an officer is assigned for duty 2. Route oute –  – a length of street or streets designated for patrol purposes 3. Beat – Beat  – area assigned for foot patrol purposes 4. Sector  –   – area containing two or more beats, routes or posts

 

TYPES OF PATROL 1. Foot Patrol – Patrol  – it is the  most expensive type of patrol in terms of human resources and most departments had reduced their foot patrols to a minimum because of this. However, it does have certain advantages that warrant its continued use if even on a limited basis. Usually, foot patrol is used to secure two types of geographical units: a. Post b. Beat Types of Foot Patrol 1. Fixed Fixed Foot Foot Patrol Patrol   – usual usually ly used used for traffi traffic, c, surve surveill illanc ance, e, parade parades s and special events. 2. Mobile Foot Patrol   – used where there is considerable foot movement such as business and shopping center, family dwellings and the like. a. Line Beat Patrol – Patrol  – used in securing certain portion of the road. b. Rand Random om Foot Foot Patr Patrol ol   – used used in checki checking ng res reside identi ntial al buildi buildings ngs,, business establishments, dark alley, parking lots

Foot Patrol Procedures and Techniques 1. 1. Don’t  Don’t establish a set of patterns of patrol . 2. When checking doors for forced entry, use flashlight on or around the lock to see if there are noticeable jimmy marks. 3. When an open door is found, NEVER found,  NEVER ENTER ALONE . 4. At least once a night use the fire escapes to check the roof in the downtown area for possible ‘cut through” burglaries as they are sometimes referred to. 5. Be alert for boxes that are being pilled up behind building, or ropes that are hanging down the sides of building, or ladders that might have been used to gain access to a roof. 6. At nighttime, At  nighttime, the foot patrol officer should occasionally step into alleys or store entrance, and get out of the light as much as possible. possible. 7. When  patrolling at night, always approach each building with caution, caution , always assume that a felon may be lurking inside. 8. Know the personalities in the area, particularly wanted person, establishments which usually fall prey to armed robbery and burglary. 9. 9.   Walk close to the curb during day time and close to the building during night  time.. The objective of patrolling during night time during  night time is to be see by as few people as  possible and to catch the criminals in the act . 10. Foot patrol must walk his best during all type of weather. 11. A foot patrol officer should never smoke while in uniform on the street, nor  should chew gum. 12. The foot patrol officer should make a conscious effort to make friends on the beat. 13. Use all five senses while walking the beat.

 

Advantages of the Foot Patrol 1. The foot patrolman can provide immediate traffic control when it is needed. 2. More person-to-person contact can be made with the public. 3. The officer can actually get to know the physical layout of his beat better. 4. He can also get to know the people in his beat better, and can develop criminal informants easier. 5. A foot officer can sneak up on situation, where a patrol car is easily noticed when it approaches. 6. By the use of a two-way radio, the officer can maintain communications with the department and the mobile unit. Disadvantages of Foot Patrol 1. Low mobility resulting to limited coverage 2. Low response time to telephone complaints 3. It involves large numbers of personnel. 2. Autom Automobile obile Patrol Patrol   – is the   most econom economica icall type type of pa patro trol l    and offers offers tactical tactical ability when used in numbers. It is considered as the most the  most extensively used and most  effective means of transportation for transportation  for police patrol. Features of State-of-the-Art Patrol Car  1. Vehicle-Mounted TV – TV  – high resolution video camera with wide angle lens 2. Mobile Mobile Data Data Termi Terminal nal (MDT) (MDT)   – com comput puter er that that allow allow officers officers in patro patroll cars cars to access files from NHQ and other Law Enforcement agencies 3. High-Intensity Emergency Lighting Plan (HELP)   – a heavy duty light that can provide 2 million candle power of light. Automobile Patrol Techniques and Procedures 1. Check the police car thoroughly before leaving the garage. 2. Do not establish route patterns in patrolling. 3. Do not develop develop the habit habit of using the main main roads roads,, most criminal criminal activity activity occurs occurs at the back back street streets. s. 4. Do not spent too much time in drive-inns or coffee spots. 5. Always take note the plate number of suspicious vehicles. 6. Avoid Avoid dri drivi ving ng too fast fast on ge gener neral al patrol patrol ex excep ceptt du durin ring g emerge emergenci ncies es in pursui pursuing ng criminals. Maintain a cruising a  cruising speed of 20-25kph. 20-25kph. 7. Make it a habit to never leave the keys in the police car, even if it is just for a minute. 8. Since we are creators of habits, a police officer must make a habit to use the seat belt at all times. 9. Frequently get out of the car to be visible and accessible to the public. 10. Minimize hiding behind hills, curves or signboard to trap traffic violators, this may erode community confidence 11. Park the patrol car in legal manner unless, in case of emergency.

 

12. Patrol the district so that patrol car will be seen by the greatest number of people, frequ fre quent ently ly turni turning ng the corners corners and coverin covering g the side side street streets s as well well as the main main thoroughfares. 13. Whatever patrol pattern is used, do it in irregular and unpredictable manner. 14. When conductin conducting g solo patrol, patrol, frequent frequent contact should be made with other units units in the field. 15. When patrolling with a partner, divide the observation area inside the vehicle a. Driving Officer – must cover 100% of his vision in front. b. Passenger Officer – cover a field of view twice more than the driving officer. Take into consideration the safe operation of patrol vehicle. c. Driver and passenger officer must be alert for possible informants CALLS ENCOUNTERED BY AUTOMOBILE PATROL 1. Routine Call – Call  – a call where mobile car is required to observed the traffic laws and does not normally used flashing lights and siren while on its way to the scene of the crime 2. Urgent Call   – the responding patrol car has to observed the traffic laws without need of using flashing lights and siren but proceed directly to its destination without stopping enroute unless incident of far more serious occurs 3. Emergency Call – Call  – requires the use of flashing lights and siren except when there is an attempt to surprise the criminals in the act. Advantages of the Automobile Patrol 1. Where speed and mobility are needed such as in a large area that must be covered by few officers, the speed of the automobile allow them to service the whole area and do so efficiently. 2. It is one of the best means of Preventive Enforcement. 3. It offers the officer protection. 4. It permits the officer to carry extra equipment. 5. The patrol car allows the police officer to have a partner when needed, and to transport one or several prisoners. 6. In the the case case of stat statio ion n wago wagons ns,, whic which h are are beco becomi ming ng popu popula larr as patr patrol ol ve vehic hicle les, s, they they can be used used to carry carry police police do dogs gs on patro patroll and emergen emergency cy ambulance during disaster. 7. Patrol cars can be used as barricades in roadblocks, and they offer a high degree of safety during high-speed pursuits. Disadvantages of Automobile Patrol 1. It diminishes personal contact with the public and sources of information 2. It hampers apprehension and surveillance operations One Man Versus the Two Man Automobile Patrol One Man Patrol Car 

 

1. Havin Having g twice twice as many many po polic lice e cars cars on the street street double doubles s the prevent preventiv ive e enforcement. 2. When the officer is alone he devotes full attention to his driving and the beat rather than to the conversation with his partner. 3. A one man alone developed self-reliance. 4. Personality clashes are reduced. Two Man Patrol Patrol Car  1. A two-man patrol car provides the officer with a greater safety factor by doubling the firepower and the physical protection. 2. The mistakes that one-man make may be caught by his partner, and vice versa. 3. One officer does not have to drive a full eight hours, and he is therefore more rested and can do a better job. 4. Two pair of eyes is better than one. 5. One man can operate the radio while the other drives. 6. On the quiet night, the driver can have someone to talk to and help keep him awake. 3. Motor Motorcyc cycle le Patrol Patrol   – the two-wh two-whee eeled led motorc motorcycl ycle e is quite quite adapta adaptable ble to traffi traffic c en enfo forc rcem emen ent, t, para parade des, s, esco escort rt duty duty and and cong conges este ted d area areas s beca becaus use e of it its s high high mobility. Motorcycle Patrol is usually fielded in areas where banks and pawnshops are concentrated. It has the disadvantages of being used only in fair weather, of causing a greater  number of accidents which are usually quite serious, and in the long run costing the department almost as much as a patrol vehicle despite the apparent low first cost. 4. Bicycle Patrol   – it is considered as the simple and inexpensive means of silent transportation in patrol operation. Its versatility makes it indispensable for covering crowded areas unreachable by automobile and motorcycle. Advantages of Bicycle Patrol 1. It has the combine advantage of mobility and stealth 2. Inexpensive to operate 3. It can cover areas not accessible by motorcycle or patrol cars. 4. Effectively used by plainclothes officers on surveillance. 5. It is quie quiett in patrol patrolli ling ng witho without ut alert alertin ing g th the e cr crim imin inal al,, th thus us the elem elemen entt of  surprise is attained. 6. Foun Found d effective effective in combatin combating g theft, theft, burglary burglary,, vandali vandalism sm in residenti residential al areas, areas, parks and shopping malls which difficult to be covered by foot patrol. 7. Expedite the delivery of police assistance in congested areas. 8. Biking is a good form of exercise to maintain fine physique and good health. Disadvantages of Bicycle Patrol 1. Transport of apprehended criminals is difficult.

 

2. Ther There e is li limi mite ted d chan chance ces s of brin bringi ging ng equi equipm pmen entt need needed ed by patr patrol ol of offi fice cers rs in patrolling. 5. Horse Patrol – Patrol  – Next to walking patrol, the horse patrol is one of the oldest types of  patrol. It is useful in areas wherein automobile or motorcycle is suitable for patrolling. The following are some of the more common uses of the Horse patrol: a. Park Patrol Patrol b. Beach Patrol c. Parade and Crowd Control - Mounted officers can see can  see three blocks away  than   than on foot patrol  6. Marine or Boat Patrol  – this is specialized type of patrol which is used in large bodies of water  for   for the purpose of    controlling smuggling . The record recorded ed hi histo story ry of our earli earliest est civili civilizat zation ion indic indicate ates s the use of tariff tariffs. s. Wher Wh ere e th ther ere e are are tari tariffs ffs ther there e is smug smuggl glin ing, g, and and th the e cont contro roll of smug smuggl glin ing g in any any community near water necessitates the use of water patrol. 7. Ai Airr Patr Patrol ol   – a type type of patr patrol ol usin using g Heli Helico copt pter er or Fi Fixe xedd-Wi Wing ng Ai Airc rcra raft ft.. This This is considered as the most the  most economical type of patrol in terms of human resources. 1925 – Los Angeles County Sheriff Department formed a volunteer  Reserved volunteer  Reserved Aero Squadron Before 1929 – NYPD began using aircraft 1947 1947 – New New York York Po Port rt Auth Author orit ity y bega began n usin using g heli helico copt pter ers s fo forr su surv rvei eill llan ance ce,, transportation and rescue 1986 – State –  State of California  developed an experimental program using helicopters for  police patrolling 19 1959 59 – Publ Public ic Safe Safety ty Depa Departm rtmen entt in Dade Dade Co Coun unty ty in Fl Flor orid ida a used used aeri aerial al patr patrol ol concept. Advantages of Fixed-Air Wing Aircraft Patrol 1. Patrolling of long stretches of highway of inaccessible land. 2. Ex Exce cell llen entt of traf traffi fic c co cont ntro roll in long long stre stretc tche hes s of high highwa ways ys,, fo forr se sear arch ch and and surveillance and other special missions.

Disadvantages of Fixed-Air Wing Aircraft Patrol 1. It has very little flexibility in congested areas. 2. Needs wide span of flat land for lift and landing. 3. Very expensive to procure and maintain. Advantages of Helicopter Patrol 1. Improves response time to emergency calls foe service. 2. Increase apprehension of offenders.

 

3. Increase prevention of crime. 4. Improved efficiency of regular patrol units through air borne information. 5. Increase ability in conducting roof searches for suspected felons. 6. Easier location of both lost and escaped persons. 7. More efficient rescue operations and emergency ambulance service. 8. A better system of floodlighting areas at night. 9. Information can be broadcast to large areas through airborne loudspeakers. 10. Able to travel at low speed, to hover if necessary, and to land in small patch of flat land. 11. Added security to patrol officers through “backup” offered by aerial patrol. 12.Possible use in fire fighting. Disadvantages of helicopter Patrol 1. Bad weather will ground the helicopter. 2. Smog and light or intermittent clouds might affect vision. 3. This type of service requires special skills and training. 4. There is a danger from high wire, trees, and similar object. 5. There can be difficulty of landing in urban areas. 7. Special facilities are required for housing and repairs. 8. Refueling problems. 8. Plain Clothes Patrol – Patrol  – this is particularly effective for “saturation drive coverage” of high crime areas. This allows police officers to infiltrate the crime areas without alarming the criminals following the element of surprise. 9. Canine (K-9) Patrol or Dog Patrol – Patrol  – dog was first used by Egyptians in patrolling. “A single single K-9 team can complete complete building building searche searches s  seven times faster times  faster than four  officers working together.” “Do Dog g team team   can fin find d hidden hidden suspec suspects ts   93 perc percen entt of th the e ti time me,, whil while e   human officers can officers  can only find hidden suspects 53 suspects  53 percent ..”” “Dog is capable of recognizing an odor  10   10 million times better times  better than a human.” BREEDS OF DOGS BEST SUITED FOR POLICE WORK 1. German Shepherd – high –  high scoring dog, most frequently used for police work. 2. Black Labrador Retrievers 3. Giant Schnauzers 4. Rootweilers 5. Doberman Pinschers 6. Bouvers 7. Newfoundlands Newfoundlands 8. Airedale Terriers 9. Alaskan Malamutes

 

Bloodhounds   – is a larg large e dog dog form former erly ly used used fo forr tr trac acki king ng.. It has has sagg saggin ing g jaw, jaw, dropping ears and keen sense of smell. Wireless Operational Link and Video Exploration System (WOLVES) (WOLVES) – it is the system of attaching miniature camera and transmitter to a search dog which makes the dog the eyes and ears of his handler. 10. Television Patrol – Patrol  – it is basically used for  traffic   traffic control  which   which originates in West Germany. Tele Te levi visi sion on came camera ras s are are moun mounte ted d in a weat weathe herp rpro roof of hous housin ing. g. Th They ey were were equipped with Zoom lenses and were remotely controlled by the operator at the control board who can adjust each camera to a panoramic view of 270 degrees. It makes possible to pick up the license of fleeing automobiles.

The Traditional Foot Patrol Pattern 1. Clockwise Patrol Pattern The officer walk from one beat to another making sure that he stays on  the left  side and at the center or middle portion of any street between adjoining beats. beats. For every beat, the officer calls the station until the clockwise patter is completed. Ideal for rectangular of square beat. Usually conducted during the first hour of duty. 2. Counter-clockwise Patrol Pattern The reverse of clockwise pattern with the same characteristic of an area to be patrolled. Usually   done done duri during ng the the last last hour hour of th the e to tour ur of duty  duty   to ensure that nothing unusual happened in the AOR. 3. Zigzag or Free Wheeling Pattern Done by patrolling the streets within the perimeter of the beat not at random but with definite target location where he knows his presence is necessary. It starts at one corner of the patrol area and work your way diagonally across it to the opposite corner  4. Straightway and Criss-cross Patrol Pattern It is considered as Hazard as  Hazard Oriented Patrol . In straightway pattern, it involves patrolling the length of the street, therefore, movement of officer is easy to observe. observe . On the other hand, criss-cross is almost similar with zigzag. “In any patrol pattern, the relieving patrol officer shall make his first hourly call before starting his patrol duty.”

 

5. Cloverlea Cloverleaff (Cloverlea (Cloverleaff Pattern) Pattern)   – a highway intersection designed to route traffic without interference, by means of a system of curving ramps from one level to another, in the form of a 4-leaf clover  PATROL TACTICS AND STRATEGIES I. The Psychology Of Omnipresence Psycholo Psyc hology gy of omni omnipres presence ence as an initial initial police police strategy strategy is   to establish the au aura ra of police police presen presence ce in the commu communit nity  y    throug through h unifor uniformed med foot foot patro patroll and mobile (marked and equipped) patrol cars. Patrol Pat rol officer officer canno cannott detect detect the thinki thinking ng or desire desire of the crimi criminal nal,, ye yett he can destroy the opportunity to commit a crime by his presence, thus, it best for  crime   crime  prevention..  prevention Strategic Objectives: a. High visibility police presence b. Feeling of security for law abiding c. Feeling of fear for would be criminal d. Feeling of confidence for the public that police are constantly available II. Proactive and Reactive Patrol 1. Proa Proactiv ctive e Patrol Patrol   – it is the deploy deploymen mentt of pa patro troll office officers rs in their area with prescribe objectives and verifiable task for the day. - More economical alternative patrol system, it addresses crime at its very root before it can be developed into felonious act. 2. Reactive Patrol – Patrol  – it involves going around the area of responsibility waiting for  something to happen and to react accordingly if something does happen III. Crime Prevention and Crime Suppression 1. Crime Crime Preve Preventio ntion n   – it invo involv lves es re reco cogn gnit itio ion n of cr crim ime e risk risk and and init initia iati tion on of  positive action to remove or reduce risk - its objective is to eliminate or reduce the desire to commit crime 2. Crime Suppression – Suppression  – is the actual prevention of the commission of crime IV. High and Low Visibility Police Visibility – not just presence of patrol officer but actual presence which involves: 1) Physical Presence 2) Patrolling Scheme 3)  Response Time – Time  – is the running time of the dispatched patrol car from his position where the assignment was received and the arrival at the scene (the (the ideal time is 5minutes) 5minutes) *Critical Time  Time   – it is the time between the call of concerned individual to the police regarding regar ding crime crime incide incident nt and the arrival arrival at the scene scene of patrol patrol officer. officer.

 

1. High Visibility – Visibility  – it is accomplished by deploying uniformed patrol officers and marked patrol cars in the AOR with the objective of increasing the “aura “aura of police omnipresence”. omnipresence ”. 2. Low Visibility  Visibility   – a strategy wherein patrol officers are in civilian clothes or in unmarked patrol cars with the primary purpose of increasing the  apprehension of  criminal engage in street crimes crimes and deterrence and  deterrence of criminal activity as a result of  greater probability of apprehension. apprehension. V. Directed, Interactive and Aggressive Patrol 1. Directed Patrol Strategy  – patrol activities designed by patrol officers are based on an anal alys ysis is of spec specif ific ic comm commun unit ity y prob proble lems ms.. The The emph emphas asis is is on part partic icip ipat ativ ive e decision making and sophisticated methods of crime analysis. 2. Interactive Patrol Strategy – Strategy  – the emphasis in on police-citizen interaction wherein the community input is sought in resolving patrol problems 3. Aggre Aggressi ssive ve Patrol Patrol Strat Strategy egy   – the the emph emphas asis is is on posi positi tive ve,, ta targ rget et orie orient nted ed ac acti tivi viti ties es whic which h incl includ udes es phys physic ical al secu securi rity ty insp inspec ecti tion on.. This This is ef effe fect ctiv ive e if th the e information regarding identifiable crime trends is based on crime analysis. VI. Stop and Frisk It invol involves ves stoppi stopping ng of pe perso rson n on the street street whose whose behavi behavior or is suspic suspicio ious, us, questioning them and frisking them for concealed weapons. This weapons.  This heightens the effect  of high visibility . VII. Street Interview/Interrogation It is an aspect of stop and frisk strategy where individuals of doubtful character  are being questioned. VIII. Decoy Deco De coy y mean means s trap trap,, bait bait or indu induce ce.. This This st stra rate tegy gy invo involv lves es   disgu disguise ise or  deception   which is specifically  used in high crimes areas   by highly trained specialist deception  rather that regular patrol officer. BASIC REQUIREMENTS OF POLICE INTERVENTION OPERATIONS  All police intervention operations (arrest, raid, search and seizure, checkpoint, demolition, civil disturbance management) shall be conducted: a. with a marked police vehicle; b. preferab preferably ly led led by a Police Police Commis Commission sioned ed Officer Officer (PCO); (PCO); and and c. with personnel in prescribed police uniform. WARNING BY USE OF MEGAPHONES During actual police intervention operations, the TL shall   use peaceful means including the use of megaphones or any other similar instruments to influence/warn the offenders/suspects to stop and/or peacefully give up.

 

WARNING SHOTS The police shall not shall  not use warning shots during police interventions. interventions . USE OF FORCE Issuance of Warning  The police officer   officer   must first issue a warning  before   before he could use force against an offender. The warning The  warning is issued for the police officer to identify himself and to give opportunity to the offender to surrender . The duty to issue a warning is however not absolute. The directive to issue a warning is necessary is  necessary only in situations where several options are still available to the  police officer   officer   but in cases where the threat to the life of a police officer is already imminent, and there is no other option but to use force to subdue the offender, the law enforcer’s failure to issue a warning is excusable. Reasonable Force During an armed During armed con confro fronta ntati tion, on, only only such such   necessa necessary ry and reasonab reasonable le force shou should ld be ap appl plie ied d as woul would d be suff suffic icie ient nt to over overco come me resi resist stan ance ce put put up by th the e offender ; subd subdue ue the the cl clea earr and and im immi mine nent nt dang danger er pose posed d by him; him; or to just justif ify y th the e force/ for ce/act act under under the pri princi nciple ples s of self self de defen fense, se, defens defense e of rel relati ative ve,, or defens defense e of  stranger. The Officer-in-Charge of the operation shall, at all times, exercise control over his men in the area, and shall exhaust all possible means so that no innocent civilian is caught in the crossfire. The   reason reasonabl ablene eness ss of the force force employ employed ed will will de depen pend d up upon on the number number of  aggressor, nature and characteristic of the weapon used, physical condition, size and  other circumstances to include the place and occasion of the assault . A police officer, however, is not required to afford a person attacking him the opportunity for a fair or  eq equa uall st stru rugg ggle le.. Hi His s duty duty requ requir ires es him him to over overco come me his his oppo oppone nent nt.. In th the e lawf lawful ul performance of his duty, the police officer must stand his ground to accomplish his mandated task of enforcing the law and maintenance of peace and order.

Use of Weapon The excessive use of force is prohibited. The  use of weapon is justified if the suspec sus pectt poses poses immin imminent ent danger danger of causin causing g de death ath or injur injury y to the po polic lice e off office icerr or  other persons. The Th e us use e of weap weapon on is also also just justif ifie ied d unde underr th the e Doctr Doctrin ines es of Self Self-D -Def efen ense se,, Defense Defens e of Relat Relative ive,, and Defen Defense se of Strang Stranger. er. Howe However ver,, on one e who who resort resorts s to selfselfdefense must face a real threat on his life, and the peril sought to be avoided must be actual, imminent and real. Moreover,   unla unlawf wful ul aggr aggres essi sion on shou should ld be pres presen entt fo forr self self-d -def efen ense se to be considered as justifying circumstance. circumstance.

 

Unlawful Aggression – refers –  refers to an attack amounting to actual or eminent threat to the life, limb, or right of the person claiming self-defense. Necessary and Legal means – as –  as used in the definition shall include, but not limited to, the emplo employme yment nt of ap appro propri priate ate nu numbe mberr of troops troops,, armor armor assets assets and tactical tactical or  special units to effectively and permanently quell the threat or present danger, or to swiftly restrain or arrest the suspect or suspects. Imminent Danger –the –the danger  danger is “imminent” if it is on the point of happening  happening .. It is not required that the attack already begins, for it may be too late. (The Revised Penal Code, Book I, JBL Reyes). The elements of imminent danger are the following: 1. Intent of the suspect to harm the policeman; 2. The capability of the suspect to harm the policeman or other persons; and, 3. Accessibility or the proximity of the suspect in harming the policeman and other persons. Reportorial Requirements  Any police officer who used his firearm against a suspect must submit an afterencounter report outlining the circumstances necessitating the use of weapon against the suspect. MOVING VEHICLES  A   movin moving g vehi vehicl cle e shal shalll not not be fire fired d upon upon exce except pt when when it its s occu occupa pant nts s pose pose imminent danger  of   of causing death or injury to the police officer or any other person, and that the use of firearm does not create a danger to the public and outweighs the likely benefits of its non-use. In firing upon a moving vehicle, the following parameters should be considered: a. the intent intent of the fleeing fleeing suspe suspect/ ct/s s to harm harm the police police officer officer or other  other  persons; b. the capability of the fleeing suspect/s to harm in certainty the police officer or other persons; and c. accessibility or the proximity of the fleeing suspect/s with the police officer and other persons. THINGS TO BE DONE AFTER AN ARMED CONFRONTATION Immediately after an armed confrontation, the Officer-in-Charge shall: a. Secure the site of confrontation; b. Take photographs; c. Check whether the situation still poses imminent danger; d. Evacuate the wounded to the nearest hospital; e. Ensure that all persons who died on the spot are not moved from their  ori origi ginal nal positi position on.. Arrest Arrested ed suspec suspects, ts, on the other other hand, hand, should should be kept kept in isolation; f. Conduct debriefing on all involved PNP operatives; and

 

g. Submit After-Operations Report. Spot Check/Accosting It is the brief the  brief stopping of an individual, whether on foot or in a vehicle, based on reasonable suspicion/probable cause, cause, for the purpose of determining the individual’s identity and resolving the officer’s suspicion concerning criminal activity. Reasonable Suspicion –   acts Reasonable acts that, that, withi within n total totality ity of the cir circum cumsta stanc nces, es, lead lead an officer offi cer to reason reasonabl ably y suspec suspect, t, or to have have probab probable le cause cause to believ believe, e, that that crimin criminal al activity has been, is being, or is about to be committed. Grounds for Spot Check a. The appearance or demeanor of the individual suggests that he is part of a criminal enterprise or is engaged in a criminal act; b. The actions of the individual suggest that he is engaged in a criminal activity; c. Questionable presence of the individual in the area; d. The subject is carrying a suspicious object; e. The The susp suspec ect’ t’s s cl clot othi hing ng bulg bulges es in a mann manner er th that at sugg sugges ests ts he is carr carryi ying ng a weapon; f. The suspect suspect has been been found found in the time an and d place place proxima proximate te to an al alleg leged ed crime; g. The po polic lice e officer officer has knowl knowledg edge e of the suspe suspect’ ct’s s pri prior or crimin criminal al recor record d or  involvement in criminal activity; and h. The individual flees at the sight of a police officer. PROCEDURES FOR SPOT CHECK / ACCOSTING a. When approaching the individual, the police officer shall clearly shall  clearly identify himself  as a police officer . If   If   not in uniform, uniform, by announci announcing ng his identity and displayi displaying  ng  official identification card and/or badge. badge. b. Poli Police ce offi office cers rs shal shalll be   court courteo eous us at all all ti time mes s but but main mainta tain in caut cautio ion n and  and  vigilance for suspicious movements   like tending to retrieve weapon, conceal or  discard contraband, or other similar actions. c. Before approaching more than one individual, police officers should  determine whether the circumstances warrant a request for back-up   and whether the spot check/ accosting can and should be delayed until such back-up arrives. d. Police officers shall confine their   their   questions as to suspect’s identity, place of  residence, and other inquiries necessary to resolve the police officer’s suspicion. suspicion . Howe Ho wever ver,, in no instan instance ce shall shall a police police officer officer ho hold ld a sus suspec pectt longer longer than the period reasonably necessary to be able to make these limited inquiries and to resolve suspicions. e. Police officers are not are  not required to give the suspect Miranda Warning unless the  person is placed under arrest . Pat-down Search

 

It is a “f “fri risk sk”” or exte extern rnal al feel feelin ing g of the the oute outerr garm garmen ents ts of an indi indivi vidu dual al fo for  r  weapons only. GROUNDS FOR BODY FRISK/PAT DOWN a. The type of  crime   crime believed to be committed by the subject  – subject  – particularly crimes particularly  crimes of violence where the threat of use or use of deadly weapon is involved ; involved ; b. Where the police officer handles several suspects; c. The time The  time of the day and the location where location  where the pat-down search took place; d.   Prior Prior knowledg knowledge e by the police police office officerr of the suspect’ suspect’s s use of force force   and/or  propensity to carry deadly weapons; e. The appearance and demeanor of the suspect; f. Visual Visual   indica indicatio tions ns sugge suggesti sting ng that that the suspec suspectt is carryi carrying ng a firea firearm rm or other  other  deadly weapon; weapon; and g. Whenever possible, pat-down searches should be performed be  performed by police officers of the same gender . PROCEDURES OF PAT DOWN SEARCH a. Whenever possible, pat-down searches should be  conducted by at least two (2)  police officers, officers,   one one to pe perfo rform rm the search search   while   the other provides provides protective protective cover . b. Because pat-down searches are cursory in nature, they  should be performed  with the suspect in a standing position, position , or with  with   hands placed against a stationary  object , and and   feet spread spread apart. apart.   Howeve However, r, should should an offic officer er vi visua sually lly observ observe e a weapon, a   more secure search position may be used like the prone (lying face down) position. position. c. In a pat-down search,   officers are permitted only to feel the outer clothing   clothing   of  the suspect. Police officers may   not place their hands inside the pockets of the subject’s clothing   clothing   unless they   feel an object that could probably be a weapon, such as a gun, knife, club, or the likes. likes . d. If the suspect is carrying an object such as  handbag, suitcase, briefcase, sack, or other similar items that may conceal a weapon, weapon, the police officer should   not  open the item but instead put it in a place out of the suspect’s reach. e. If the  the   external patting of the suspect’s clothing fails to disclose evidence of a weapon,   no furt weapon, furthe herr se sear arch ch may may be made made..   If a weap weapo on is fo fou und an and d th the e  possession of which amounts to a violation of the law , the police police offic officer er shall shall arrest the suspect and conduct a complete search. search . Reporting after the Spot Check/Accosting or Pat-Down Search If after after conduc conductin ting g a spot spot check/ check/acc accost ostin ing g or pat-d pat-down own sea search rch,, the police police officer has no basis for making an arrest, he should record the facts of such spot check/accosting or pat-down search and forward a report to the appropriate authority. If the spot check/accosting or pat-down search gives a justification for a valid warrantless arrest, then an arrest shall be made.

 

Police Checkpoint It is a location where the search, which is duly authorized by the PNP, is conducted to deter/prevent the commission of crimes, enforce the law, and for other  legitimate purposes. Composition a. Team Team Lead Leader er (T (TL) L)   - shal shalll lead lead and and take take resp respon onsi sibi bili lity ty in th the e cond conduc uctt of  checkpoint preferably an officer with the rank of at least Police Inspector; b. Spotter   Spotter   - PNP personnel who will point/profile suspected vehicle subject for  checkpoint; c. Spokesperson Spokesperson  - TL or member who is solely in charge of communicating with the motorists subject for checkpoint; d. Investigat Investigation ion Sub-team Sub-team   - in charge charge of invest investiga igatio tion n an and d do docum cumen entat tation ion of  possible incidents in the checkpoint to include issuance of Traffic Citation Ticket (TCT) or Traffic Violation Report (TVR); e. Sear Search/A ch/Arresti rresting ng Sub-Team Sub-Team   - design designate ated d to conduc conductt search search,, seizu seizure re and arrest, if necessary; f. Security Sub-Team Sub-Team  - tasked to provide security in the checkpoint area; and g. Blo Blocki cking/ ng/Pur Pursui suing ng Sub-Te Sub-Team am   - team team ta task sked ed to bloc block/ k/pu purs rsue ue fl flee eein ing g suspects/vehicle. Guidelines a. Mobile checkpoints are  authorized only when established in conjunction with ongoing ongo ing police police operatio operation ns. Only Only offi offici cial ally ly mark marked ed vehi vehicl cles es shal shalll be used used in establishing mobile checkpoints. b. Checkpoints may be   established when there is a need to arrest a criminal or  fugitive from justice. justice. c. The composition of the personnel manning the checkpoint shall be left to the sound discretion of the PNP unit commander. d. Encourage the participation of, but not limited to, the Local Government Units (L (LGU GUs) s),, Ci Civi vill Soci Societ ety y Grou Groups ps,, NonNon- Gove Govern rnme ment ntal al Orga Organi niza zati tion ons s (NGO (NGOs) s),, business organizations, other civic groups, media and other stakeholders during the conduct of Police Checkpoint. e. The participation The  participation of the civilians and the presence of the media  in the conduct of checkpoint must be confined only as   observers  observers   to give police additional eyes and promote transparency of activities in the area. f. Al Alll civic civic groups groups or organ organiza izatio tions ns to inclu include de the media media,, who who are incline inclined d to participate in police checkpoints, must be   duly registered and accredited by the PNP for such PNP such purpos purpose e. The The accr accred edit itat atio ion n of th the e ci civi vili lian an grou groups ps to join join in th the e cond conduc uctt of chec checkp kpoi oint nt shal shalll be admi admini nist ster ered ed by th the e Poli Police ce Regi Region onal al and and Provincial Offices. g. PNP personnel manning the checkpoint must have a presentable a  presentable appearance, wearing the prescribed PNP uniform. uniform. Likewise, the civilian members must also be in their their organ organiz izati ation on’s ’s unifor uniform m with with their their na names mes conspi conspicuo cuousl usly y displa displayed yed for 

 

identification. In no case shall the civilian components be allowed to bear firearms during the checkpoint. h. In Metro Manila and other major cities, police officers manning the checkpoints should not should  not wear Field Service Uniforms (FSU) or black fatigues  in lieu of the PNP General Office Attire unless Attire  unless the conduct of checkpoint is a result of a Hot Pursuit  Operation or a High Risk Checkpoint . The   use of mixed uniforms uniforms (GOA, FSU, black fatigue) in the conduct of checkpoint is  strictly prohibited . i. As much as possible, the area where the checkpoints shall be established must be properly lighted, properly  lighted, with a noticeable signage bearing the name of the PNP unit  and the participa participating ting organiz organization ation/s /s visibly visibly displaye displayed d in the checkpoin checkpointt site, site, to prevent any apprehension from the public of the existence of the same.  j. Due courtesy must be accorded to the motorists, traders and the commuters during the conduct of checkpoint. k. The spokesperson must greet the people subject for inspection, ask apology for the incon inconven venien ience, ce, app appea eall for unders understan tandin ding g an and d state state the reason reasons s of the operation. Thank the person/s searched. l. Except in the actual commission of crime during checkpoints or in a hot pursuit operation,   the conduc conductt of inspe inspecti ction on of vehicl vehicle e during during a routin routine e checkp checkpoi oint nt is li limi mite ted d to a vi visu sual al sear search ch   and and ther theref efor ore e must must be done done wi with th due due resp respec ectt to innocent inno cent passersby, passersby, commuter commuters, s, or bystanders bystanders and be conducte conducted d in a manner  manner  thatt is least tha least inc incon onven venien ientt to the pu publi blic. c. Search Searches es,, seizur seizures, es, and arrest arrest made made during checkpoints shall be within the ambit of the law. m. Violatio Violations/In ns/Infracti fractions ons of the law discover discovered ed during during the checkpoin checkpointt operatio operation n shall be expeditiously disposed of following legal procedures. Arrested persons must be apprised of their rights in reference to the Miranda Doctrine. n. The security of the PNP personnel, and most especially that of the civilians participating in the checkpoint operation, must be given due consideration in the planning stage of the operation. o.   Only the securi security ty sub-te sub-team am and blocki blocking/ ng/pu pursu rsuin ing g sub-te sub-team am member members s are allowed to display high-powered firearms and firearms  and are positioned where they can best provide security to the Checkpoint team including themselves. p. Checkpoint personnel must not limit their task in law enforcement and crime deterrence. They should also be ready to provide police assistance in the vicinity e.g., giving directions to inquiring motorists or passersby. q. The The PNP PNP oper operat atin ing g unit units s must must prov provid ide e th thei eirr ow own n logi logist stic ical al and and fi fina nanc ncia iall requi req uirem rement ents s to av avoid oid sol solici icitin ting g suppor supportt from from the civil civilian ians s for their their perso personal nal or  operationall needs. operationa r. Police personnel assigned in the checkpoint shall not mulct, extort, or harass drivers, passengers, and traders. Designated TL assigned at the checkpoint shall be respo responsi nsibl ble e for the actua actuatio tions ns an and d be behav havior ior of his person personnel nel an and d shall shall be accountable under the doctrine of Command Responsibility. s. Vol Volun untary tary offers offers of cash cash or in kind kind from from the traders/ traders/mot motori orists sts passin passing g the ch che eck ckp poi oin nt sh sho ould uld be abso sollutel tely misconstrued as a bribe.

refu refus sed bec eca ause th the e

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mig might be

 

t. The The   police police and the civil civilian ian compo compone nent nt must must separa separatel tely y submi submitt their their After  After  Checkpoint Operation Report   Report   to their respective units or organization for proper  evaluation of the efficacy of the operation. Procedure in the Conduct of Regular Police Checkpoint a. Unit Unit Comm Comman ande ders rs shou should ld   infor inform m Highe Higherr Headq Headquar uarter ters s (HHQs) (HHQs) Tactic Tactical  al  Operat Ope ration ions s Cente Centerr (TOC) (TOC) and coordi coordinat nate e with with adjace adjacent nt units units,, such such as Publ Public ic Safety Management Forces and other friendly forces, personally or through an of offi fici cial al re repr pres esen enta tati tive ve,, be befo fore re comm commen enci cing ng wi with th th the e chec checkp kpoi oint nt to avoi avoid d misencounter and any untoward incident; b. The TL shall shall bri brief ef the PNP person personnel nel,, as well well as the civili civilian an compon componen ents ts present, including the media regarding the proper conduct of the checkpoint and their assigned tasks prior to their deployment; c. The TL shall initially account for the PNP personnel and check if they are in the prescribed uniform. PNP personnel conducting the checkpoint shall display their  nameplates at all times. If  wearing If  wearing a jacket, the flap of the jacket bearing their  names should names should also be displaye displayed. d. Likew Likewise ise,, the equip equipmen mentt will will inclu include, de, but not limited to, the following: 1) Marked Patrol vehicles; 2) Firearms with basic load of ammunition; 3) Handheld and vehicle base radios; 4) Flashlights; 5) Megaphone; and 6) Signage d. The Spotter of the team will be pre-positioned in a place where he can best point/profile suspected vehicles prior to their approach to the checkpoint; e. Search/Arr Search/Arrestin esting g Sub-Team Sub-Team shall flag down suspecte suspected d vehicles vehicles and conduct conduct search, seizure and arrest if necessary; f. Arrest Arrested ed pe perso rsons ns and seized seized ite items ms shall shall be turne turned-o d-over ver to the invest investig igati ation on sub-team for documentation and proper disposition; g. In the event that the checkpoint is ignored, and the occupants of the vehicle op open en fi fire re on the the pers person onne nell mann mannin ing g the the chec checkp kpoi oint nt,, reas reason onab able le fo forc rce e to overcome the suspects’ aggression may be employed; h. Inform Higher Headquarters before terminating the conduct of Checkpoint; i. The TL shall conduct debriefing of personnel after termination of the Checkpoint; and  j. Unit Commander shall submit After Activity Report to Higher Headquarters. Hasty Checkpoint It is an  immediate response to block the escape of lawless elements from a crime scene, scene, and is also  also   established when nearby checkpoints are ignored or during  hot pursuit operations. operations. It is set up by police personnel conducting mobile patrol on board a marked police vehicle, or those conducting ISO and foot patrol operations within the vicinity/periphery of the national or provincial highways.

 

Hot Pursuit (Cross Jurisdictional Pursuit) Pursuit)  - (also termed in the US as fresh pursuit) shall mean an  immediate, recent chase or follow-up without material interval   interval   for the purpos pur pose e of taking taking into custod custody y any person person wante wanted d by vir virtue tue of a warran warrant, t, or one susp suspec ecte ted d to have have comm commit itte ted d a rece recent nt offe offens nse e whil while e fl flee eein ing g fr from om one one poli police ce  jurisdictionall boundary to another that will normally require prior official inter-unit  jurisdictiona coordination but which the pursuing unit cannot, at that moment, comply due to the urgency of the situation. Procedures in the Conduct of Hasty Checkpoints a. a. PNP  PNP personnel conducting mobile patrols on board patrol vehicles will initially  man the checkpoint , to be complemented by additional personnel upon arrival of  reinforce rein forcement. ment. A collapsi collapsible ble signage signage with markings markings:: “Stop, “Stop, Police Police Checkpoi Checkpoint”, nt”, in indic dicati ating ng also also the name name of the concer concerned ned police police office/ office/un unit it condu conducti cting ng the operations, will be used for the purpose; b. In the case of  PNP of  PNP personnel conducting Internal Security Operation (ISO) or  foot patrol, where a vehicle and collapsible signage is not readily available, the checkpoint shall be manned initially by said personnel ; c. The  team shall immediately inform Higher Headquarters   of the exact location of the Hasty Checkpoint to include personnel involved and available equipment; d. In a hasty checkpoint, where there where  there is a possibility of high risk stop and high risk  arrest , and that there is an urgency for troop deployment and that public safety might be at risk, the  participation of the civilian component and the presence of  the media in the checkpoint operation shall operation  shall not be allowed ; e. The Unit Unit Comma Commande nderr of the person personne nell mannin manning g the hasty hasty checkp checkpoi oint nt shall shall immedi imm ediate ately ly send send additi additiona onall person personne nel, l, equipm equipment ent and signa signage ge to the area area in order to convert the Hasty Checkpoint into a Regular Checkpoint; and f. As soon as the Hasty Checkpoint is converted into a Regular Checkpoint, TL shall sha ll follo follow w the proced procedure ures s   in the the Cond Conduc uctt of Regu Regula larr Poli Police ce Chec Checkp kpoi oint  nt  paragraph c.

Procedures to be Followed When Checkpoints are Ignored a. In the event that   chec checkp kpoi oint nts/ s/ro road adbl bloc ocks ks are are igno ignore red d and and th the e motorists/suspects bumped the roadblock  in roadblock  in an attempt to elude arrest or avoid inspection, the TL shall  immediately contact adjacent units to inform them of the situation so situation  so that these units can conduct can  conduct dragnet operation, operation,  while the members of  the blocking/pursuing team shall block or pursue the errant fleeing motorist ; b. b. Warning  Warning shots shall not be allowed  due allowed  due to the confusion it may create to the driver and passengers of the vehicle.  Megaphones or police sirens shall be used  instead during the pursuit. The plate number of the vehicle shall be noted and given to other units in adjacent areas to prevent the possibility that the vehicle may elude the pursuit operation; and

 

c. In th the e even eventt that that the the occu occupa pant nts s of the the vehi vehicl cle e open open fi fire re on th the e pers person onne nell manning the checkpoint, reasonable force to overcome the suspects’ aggression may be employed. Procedures in Flagging Down or Accosting Vehicles While in Mobile Car  a. a. Call  Call Headquarters to inform of the make or type and plate number of the motor  vehicle to be accosted  including   including the number and, if possible, identity of occupants; b. b. State  State the reason(s) for the planned intervention  of the suspected motor vehicle; c. c. Give  Give mobile car’s location and its direction direction before making actual intervention; d. Try to   get alongside alongside the susp suspects’ ects’ vehicle vehicle and check the occupants occupants without  alarming alar ming them of your purpose. purpose. You can even overtake the vehicle and wait for it at an advantageous location before stopping the suspects’ vehicle; e. Determine whether the suspects are hostile or not; f. f. Make  Make known to the suspect that you are after them through the use of a siren or  megaphone;; megaphone g. Instruct the driver to pull over or stop on the side of the road; h.   Park behind the suspect’s vehicle   at an appropriate distance and cautiously approach the vehicle on the driver’s side; i. If the  vehicle’s windows are heavily tinted and the occupants cannot be seen, seen, instruct the driver to open to  open all windows to windows  to have a clear view of the interior of the vehicle;  j.  j. Instruct  Instruct the driver to turn off the ignition, ignition , if this was not done when the vehicle stopped; k. The other members of the team must be on guard for any eventuality while the vehicle is being approached; l. Talk to the driver in a most courteous manner and inform him of the nature of  his violation. Demand violation.  Demand to see the driver’s license, photocopies of the certificate of  registration and the official receipt . Examine these documents and counter-check the driver on the information reflected therein; m. If it concerns it  concerns traffic violations, violations, immediately immediately issue a Traffic Traffic Citation Citation Ticket (TCT) or Traffi Traffic c Vi Viola olatio tion n Report Report (TVR  (TVR )).. Never Never indul indulge ge in prolo prolonge nged, d, unnece unnecessa ssary ry conversation or argument with the driver or any of the vehicle’s occupants; n. In cases of other violations that require the impounding of the vehicle, inform the driver regarding this situation and instruct him to follow you, after issuing the TCT/TVR; and, o. Befor Before e moving moving out, inform Headquar Headquarters ters regarding regarding the situation situation// status status and disposition of the person and motor vehicle accosted. Procedures to be Followed in Dealing with Hostile Drivers: a. Stopping Vehicles 1) Follow the Procedure the  Procedure in Flagging Down or Accosting Vehicles While in Mobile Car    stated in paragraphs a to c; 2) Immediately request for back-up; 3) Follow the suspect and always keep him within visual range;

 

4) Expect that the suspect will notice your action at any time. Be prepared for a car chase or actual hostile confrontation; 5) If the back-u back-up p is alrea already dy in the vicin vicinity ity,, inf infor orm m Headq Headquar uarter ters s that that yo you u are proceeding to accost the suspect; 6)   Info Inform rm the the susp suspec ects ts that that you you are are afte afterr th them em th thro roug ugh h th the e use use of si sire ren n or   and instruct the driver to pull over or stop on the side of the street; megaphone and megaphone 7) Park at an appropriate distance behind the suspect’s vehicle; 8) While the vehicle is being approached, the other members of the crew and back-up must be on guard for any eventuality. Overreactions should be avoided; 9) If the vehicle’s windows are heavily tinted and the occupants cannot be seen, instruct the driver to open all windows for a clear view of the vehicle’s interior; 10)  Direct the driver and other occupants of the vehicle not to make unnecessary  10) Direct movements and to show their hands outside the car ; 11)   Instruct the driver to turn off the ignition and toss the key to the ground . Demand to see the Driver’s License and photocopies of the vehicle’s certificate of  registration and the official receipt. Examine the documents and counter-check the driver on the information reflected therein; and, 12) If there are other suspects aside from the driver, separate them from one another. b. Fleeing Vehicles 1) In the event that the   motor motor vehicl vehicle e did did no nott stop stop despit despite e the warni warning ng giv given en,, inform Headquarters or adjacent units so that roadblocks or hasty checkpoints can be set-up; set-up; 2) 2) Call  Call Headquarters to inform of the make or type, plate number and color of the motor vehicle to be accosted   including including the number of occupants and, if possible, their identity; 3) State the reason(s) for flagging down the suspected motor vehicle; 4) Give mobile car’s location and its direction before making actual intervention; 5) 5) When  When the vehicle of the suspect is cornered or stopped, instruct the driver and  other occupants in a clear and commanding voice to follow specifically what you will require of them. them.   Failure on their part to follow will be construed as a hostile act on their part . Execute instructions on the use of reasonable force; 6) 6) Instruct  Instruct the driver to turn off the ignition and toss the key to the ground, open the door and step out of the vehicle, vehicle, followed by his hands his  hands to be placed on top of  the vehicle, vehicle, or to move to  move towards you with his hands up; up ; 7) Instruct other occupants of the vehicle, if any, to come out one by one, and follow what the driver has been instructed to do earlier; 8) 8) Arrest,  Arrest, handcuff and search the suspects and bring them to Headquarters for   proper disposition; disposition; and 9) Befo Before re movi moving ng out, out, info inform rm Head Headqu quar arte ters rs abou aboutt th the e si situ tuat atio ion, n, st stat atus us and and disposition of the suspects and motor vehicle accosted.

 

Hi High gh Ri Risk sk St Stop op –   is the the   actual actual stopp stopping ing or accost accostin ing g of armed armed an and d danger dangerous ous  person or persons, aboard a vehicle or on foot , incl includ udin ing g th the e powe powerr to use use all all necessary and legal means to accomplish such end. High Risk Arrest – is –  is the actual the  actual restraint of armed persons following persons  following a high-risk stop. Pre-Determine Pre-Deter mined d Area Area –   is the the   specif specific ic or proje projecte cted d spot spot where where the armed armed and  dangerous person or persons would pass or likely to pass and pass  and so tactically located as to gain calculated advantage against said person  or persons. Stopping Zone Zone  - is the  the   strategic predetermined area strongly sealed off, barricaded  and occupied by tactical forces in a lawful display of authority   authority   to maintain law and order or in defensive response to an event of criminal nature or of such gravity that occurred or likely to occur calling for a high risk stop or arrest. Dragnet Operation   - is a   police police operatio operation n purposel purposely y to seal-off seal-off the probable probable exit   points of fleeing suspects from suspects  from the crime scene to prevent their escape. High Risk Stop and High Risk Arrest a. Initial Stage Upon receipt of information involving movement of armed person or persons, either singly or in group, including unauthorized movement of government troops, or  in immedi immediate ate respon response se to a report reported ed commis commissio sion n of crime crime pe perpe rpetra trated ted by armed armed persons, the PNP shall immediately: 1) Organize appropriate tactical security forces utilizing maximum firepower and armor assets; 2) Deploy the security forces to stopping zones in defensive position; and 3) Seal off the area and establish strong roadblocks/ barricades. b. Effecting a High Risk Stop When effecting high-risk stop, the police officer shall: 1) Exert utmost effort to persuade to  persuade the suspects to halt or stop their movement . 2) Start with the procedural conduct of regular warrantless arrest where arrest is inevitable. 3) Ensure proper documentation of the process. 4) Respect the rights of all the persons involved. c. During Violent Stage The PNP The PNP shal shalll stri strict ctly ly adhe adhere re to the the PNP PNP Oper Operat atio iona nall Pr Proc oced edur ures es (P (POP OP)) particularly on the use of reasonable force. Public Assembly It means any   rally, rally, demonstra demonstration tion,, march, march, parade, parade, processi procession on or any other  other  form of mass or concerted action held in a public place for the purpose of presenting 

 

a lawful cause; cause; or  expressing   expressing an opinion opinion to the general public on any particular issue; or  protesting   protesting or influencing any state of affair s whether political, economic or social; or petitioning the government for redress of grievances. Public Place – shall –  shall include  include   any highway, boulevard, avenue, road, street, bridge or  other thoroughfare, park, plaza, square, and/or any open space of public ownership where the people are allowed access. Freedom Park –   shall mean the venue the  venue or place established or designated by local  government units within their respective jurisdictions where a public assembly could  be held without securing any permit  for permit  for such purpose from the local government unit concerned. Maximum Tolerance – means –  means the highest the  highest degree of restraint  that   that the police, military and other peace keeping authorities shall observe during a public assembly or in the dispersal of the same. Limitations on the Role of the PNP on Public Assembly The PNP shall not shall  not interfere with the holding of a public assembly . However, to ensure public safety and to maintain peace and order during the assembly, the police the  police contingent under the command of a PCO preferably with the rank of Police Senior  Inspector may be detailed and stationed in a place at least one hundred (100) meters away from the area of activity . Guidelines for Civil Disturbance Guidelines Disturbance Manag Manageme ement nt (CDM) (CDM) Contingent Contingent During Rallies Rallies  / Demonstrations a. CDM contingent shall be in be  in prescribed uniform and without firearm. firearm . b. Tear gas, smoke grenades, water cannons, or any similar anti- riot device shall be used only when the public assembly is  attended by actual violence  or serious threats of violence, or deliberate destruction of property. Dispersal of  Dispersal  of  Public   Public Assembly with Permit  All public assembly with a permit shall not be dispersed . However, when an assemb ass embly ly become becomes s violen violent, t, the police police may dispe disperse rse such such publi public c assem assembly bly in the following manner: a. At the first sign of impending violence, the Ground Commander of the PNP contingent shall call the attention of the leaders of the public assembly and ask the latter to prevent any possible disturbance; b. If actual violence reaches a point where point  where rocks or other harmful objects from the  participants are thrown at thrown  at the police officers or at the non-participants, or at any property causing damage to it, the Ground Commander of the PNP contingent shall   audibl audibly y warn warn the pa parti rticip cipant ants s that that if the di distu sturba rbanc nce e persis persists, ts, the pu publi blic  c  assembly will be dispersed ; c. If the   violence or disturbance does not stop, stop, the Ground Commander of the PNP PN P contin contingen gentt shall shall audibl audibly y issue issue a warnin warning g to the partic participa ipants nts of the pu publi blic c

 

assembly,, and   after assembly after allo allowi wing ng a reas reason onab able le peri period od of ti time me to laps lapse, e, he shal shall l  immediately order it to disperse; disperse; and d. No arrest arrest of an any y leader leader,, org organi anize zerr or partic participa ipant nt shall shall be made made un unles less s he violates during the assembly a law, statute, or ordinance. Dispersal of Public Assembly Without Permit When the public the  public assembly is held without a permit where a permit is required, the said public assembly may be peacefully dispersed . However, when the leaders or  organizers of public assembly can   show an application for permit duly filed at the Office of the Mayor which has jurisdiction over the place where the rally will be held, at least five (5) days prior to the intended activity and the Mayor did not act on the same,  the grant of the permit being then presumed under the law , and it will be the same, burden of the authorities to show that there has been a denial of the application, in whic wh ich h case case,, the the rall rally y may may be peac peacef eful ully ly disp disper erse sed d fo foll llow owin ing g th the e proc proced edur ure e of  maximum tolerance prescribed tolerance  prescribed by law. Police Responses During Public Assembly a. During Planning Stage 1) Initiate dialogue with the leaders/organizers to ensure the peaceful holding of a public assembly, including among others, the detail of police escorts. 2) Prepare appropriate security and CDM contingency plans. b. During Initial and Peaceful Stage 1) With Permit or Held in Freedom Parks/ Private Properties 1. 1.1 1 The The PNP PNP shal shalll not not inte interfe rfere re wi with th th the e hold holdin ing g of a publ public ic asse assemb mbly ly.. However, to adequately ensure public safety, a CDM contingent, under the control and supervision of a PCO shall be stationed at least one hundred (100) meters away from the area where the public assembly is being held. 1.2 Monitor Monitor the activiti activities es at the public public assem assembly bly area an and d respon respond d to any request for police assistance. 2) Without Permit or Permit has been Revoked 2.1 As soon as it becomes apparent that an assembly is being held in a public place, plac e, the   Ground Ground Commande Commanderr shall shall immediate immediately ly conduct conduct an inquiry inquiry whether whether the assembly is covered with a permit or not. If  If    a permit could not be show n, verification n,  verification should immediately be done with the Office of the Mayor having jurisdiction over the place where the public assembly  is being held . Should the Office of the Mayor confirm that a   permit has not been issued , the leaders/organizers shall be informed of the fact that they are violating the law and will be asked to disperse to  disperse peacefully . 2.2 The The PNP shal hall ex exh haus ustt all peac acef eful ul reme remed dies to pers rsua uad de th the e de demo mons nstr trat ator ors s to disp disper erse se.. This This may may incl includ ude e th the e invo involv lvem emen entt of Loca Locall Chie Chief  f  Executives / community leaders when available to intervene in the situation so that dispersal operations could be avoided.

 

2. 2.3. 3. Shou Should ld nego negoti tiat atio ion n fail fail and and the the demo demons nstr trat ator ors s   refus refuse e to disp disper erse se voluntarily and peacefully, thereby causing public inconvenience, inconvenience, CDM contingents may commence dispersal operations. c. During Breach of Peace/Confrontational Stage (With or without permit) No public assembly with a permit shall be dispersed. However, when a public assembly becomes violent, the CDM contingents may disperse such public assembly in the following manner: 1) At the  first sign of impending violence, violence, the Ground Commander shall   call the attention of the leaders/organizers of the public assembly and ask the latter to  prevent any possible disturbance. disturbance. CDM contingents shall hold the line to prevent de demon monstr strato ators rs from from procee proceedin ding g to other other areas areas where where the ho holdi lding ng of a publi public c assembly is prohibited. 2) If actual   violence reaches a point where rocks or other harmful objects from the participants are thrown at thrown  at the CDM contingents or the non-participants, or at any property causing damage to it, the Ground Commander shall  audibly warn the partic particip ipant ants s that that if the disturb disturbanc ance e persis persists, ts, the pu publi blic c assem assembly bly will will be dispersed ; 3) If the viole violence nce or distu disturba rbanc nce e do does es no nott stop, stop, the Groun Ground d Comma Command nder er shall shall au audib dibly ly issue issue a warni warning ng to the partic particip ipant ants s of the publi public c assem assembly bly,, and after  after  al allo lowi wing ng a reas reason onab able le peri period od of time time to laps lapse, e, shal shalll im imme medi diat atel ely y orde orderr it to disperse. With the use of CDM formations, the rank of demonstrators shall be disbanded, disbande d, contained contained,, and isolated from each other, and should should be prevented prevented from regrouping. 4) 4) Water  Water cannons and riot sticks maybe used to repel aggression and to disperse demonstrators   and reserve CDM conti demonstrators contingen ngents ts may be employed employed when situation situation requires. 5)   No arrest  arrest    of any leade leader, r, organi organize zerr or partic particip ipant ant shall shall be made made   unless unless he violates during the assembly a law, statute, or ordinance. d. During Violent Stage 1) Non-l Non-leth ethal al weapo weapons ns and equipm equipment ent may be used used to suppr suppress ess violen violence, ce, to protect lives and prevent further damage to properties. 2) The PNP security elements shall be tactically deployed to provide immediate assistance to the CDM contingents. e. Post-Operation Stage 1) CD CDM M cont contin inge gent nts s shal shalll be wi with thdr draw awn n af afte terr th the e area area has has been been cl clea eare red d of  possible danger to public safety. 2) Sufficient police force shall be maintained to ensure peace and order in the area. Guidelines in the Use of Non-Lethal Weapons Weapon s a. Shield and Truncheon

 

During the confrontational stage,   truncheon may be utilized only to push back  demonstrators   and not as an instru instrumen mentt to strike strike indiv individ idual uals. s. Howev However, er, when when demonstra demo nstrators tors become become aggressiv aggressive, e, trun truncheo cheon n shall shall be the principa principall non-leth non-lethal al weapon for dispersal. In such situation, CDM contingents shall nonetheless, use the same with caution and due diligence to avoid unnecessary injury. b. Water Cannons Waterr cann Wate cannon ons s may may be util utiliz ized ed wh when en demo demons nstr trat ator ors s beco become me unru unruly ly and  and  aggressive forcing aggressive  forcing troops to fall back to their secondary positions. c. Tear Gas Tear gas may be utilized to break up formations or groupings  of demonstrations who continue to be aggressive be  aggressive and refused to disperse despite earlier efforts. efforts . INTEGRATED PATROL SYSTEM (IPS) - PNP’s answer to the requirement of police visibility. -  PATROL  PATROL means  means – P –  Policemen olicemen A  Assigned ssigned T  To o  Reinforce  Reinforce O  Order rder in the L the  Locality ocality - best way of immersing policemen in various activities - provides a symbiotic a  symbiotic relationship between the police and the community  which  which would eventually draw active support and cooperation of the populace. THREE COMPONENTS OF IPS 1. Fixe Fixed d Comp Compon onen ents ts   – these are different different stations, stations, precinct precincts, s, police police visibili visibility ty points, traffic posts and headquarters a. Statio Station n Desk Desk   – serv serves es as the the 3 C’ C’s s of poli police ce fo forc rce: e: Comm Commun unic icat atio ion; n; Coordinating; Center/Command Post Situation/Locator Map – capable of providing visual IPS situation which shows the AOR, Real Time Current Situation and Real Time Status of the IPS b. PCP   – headed by PCO with a rank of Chief Inspector or Superintendent with a minimum of 30 personnel including the Commander divided in 3 shifts of 8-hours duty. 2. Patro Patroll Component Components s   – incl include ude line line beat, beat, mobile mobile patrol, patrol, motorcycl motorcycle, e, bicycle, bicycle, air  patrol and detective repressive patrol a. Police Beats – Beats  – consist of identifiable boundaries within the AOR where an officer can conduct patrol. Police Beats identification: PBs for NCR - Identifiable by a 5 digit number. 1st digit refers to the numerical assigned to the district - 2nd refers to the number assigned to each of the city/municipality within the district - 3rd digit refers to the number assigned to particular PCP - 4th and 5th digi digits ts refer refer to the numbe numbers rs assigne assigned d to particula particularr beat PBs for Regional Officers - Identifiable by a 7 digit number 

 

- First First 2 digits digits refer refer to to the number number of the region region rd - 3 digit refer to the number assigned to a particular province within the region - 4th digit refers to the PCPs - 5th and 6th refer to the beat b. Mobile Patrol – Patrol  – similar with mobile patrol discussed c. Detective Beat System – System  – contiguous area where a team of police investigators is assigned with a specific task of conducting follow-up investigation to all complaints, reports, referrals and other requests with the end in view of full compliance and/or  filing of case DETECTIVE BEAT SYSTEM DETECTIVE SYSTEM (DBS) (DBS)   – one one of th the e conc concre rete te resp respon onse ses s of PNP PNP in reinventing the field of investigation. - i t i s   concern concerned ed with crime solution solution   and and detect detectiv ives es are charge charged d with with total total investigation responsibility responsibility POLICE BEAT – BEAT  – is concerned is  concerned with crime prevention - the patrol officers usually respond to crime incidents for arrest, protection of  crime scene until detectives arrive to investigate. Guidelines in the Conduct of Patrol I. Pre-Deployment Phase – Phase  – conducted by means of formation or assembly in police stations for at least 30minutes which will be allotted for: a. inspection as to appearance and completeness of individual equipment. b. dissemination of assignments, instructions and orders. II. Deployme Deployment nt Phase Phase   – upon arrival at the patrol beat, officer shall report to the desk officer or dispatcher  - while on patrol, they shall adopt the “buddy-buddy “ buddy-buddy system” system” - upon reaching the end of the line beat, officer shall make a situation report before returning to their point of origin - an any y unusua unusuall incide incident nt mus mustt be repor reported ted and/or and/or recor recorded ded in the patro patroll sheet sheet report. III. Post-Deployment Phase   – after the tour of duty, officers shall return to police stations for the following: a. surrender the equipment b. accomplish the Daily Patrol Report c. Turn Turn-o -ove verr to the the Fron Frontt-De Desk sk Offic Officer er all all duri rin ng the the tou tour of duty d. patro patroll comman commander der shall shall conduc conductt an being dismissed

it item ems s conf confis isca cate ted d or reco recove vere red d accoun accountin ting g of pa patro troll officer officers s be befor fore e

 

3. Auxiliary Auxiliary Component Components s   – inclu include de sec secur urity ity guards guards,, traffi traffic c en enfor forcer cers, s, ba baran rangay gay tanods, civilian volunteers and non-governmental organizations TEAM POLICING SYSTEM – is –  is an attempt to integrate the police and the community interest into a working relationship so as to produce the desired objective of peace keeping in the community. - Originated in Aberdeen, in  Aberdeen, Scotland  - Team Team of   f   5-10 5-10 men men is assi assign gned ed acco accord rdin ing g to conc concen entr trat atio ion n of cr crim imes es and  and  citizens-calls for citizens-calls  for police service. - Effective Effective   police-community police-community cooperation   is cr crit itic ical al to th the e succ succes ess s of a te team am policing system. Characteristics of Team Policing 1. Geo Geogr graph aphic ic Stabil Stability ity of the Patrol Patrol Force Force –   The applicati application on of permanen permanentt patrolling to foster greater awareness and sensitivity to local police problems by team members. 2. Maximum Interaction between Team Members –   Members must be given opportunity to work closely together in solving problems. - Memb Member ers s are are enco encour urag aged ed to shar share e info inform rmat atio ion n wi with th one one anot anothe herr th thro roug ugh h informal meetings or conference. 3. Maxi Maximu mum m Comm Commun unic icat atio ion n betwe between en Team Team Memb Member ers s and and Comm Commun unit ity y Residents   – Te Team am poli olici cin ng is in inte ten nded ded to dev eve elo lop p a grea reate terr se sen nse of  understan unde rstanding ding and increase increased d cooperati cooperation on between between members members of the team and community residents. - Encourage members of the community to attend informal sessions in which they discussed community problems with the team. COMMUNITY-ORIENTED POLICING SYSTEM In Japan, they have operationalized and even institutionalized it through the Koban or Police Box System. System. In Singapore, they are wielding it through the Neighborhood the  Neighborhood Police Post. Post. In the United States about 60 about  60 %  of the police departments are implementing it through Community through  Community Oriented Policing/Problem Oriented Policing COP/POP. COP/POP. In Canada and several countries in Europe and other parts of the world, they are into it also. In th the e   Philippines, Philippines, the implem implement entati ation on of   of   National National Anti-Crim Anti-Crime e Strategy Strategy (NACS)   at the community level started as mere initiative of some innovative police commanders.

 

In   Bacolod Bacolod City City, the the Ne Negr gros os Occi Occide dent ntal al Pr Prov ovin inci cial al Comm Comman ande derr of th the e defunct PC/INP managed to mobilize the community to support and team up with Bacolo Bac olod d City City Police Police Statio Station n throug through h the   Bacolod Bacolod Citize Citizens ns for Unity Unity and Peace Peace (BAC–UP) Foundation (BAC–UP)  Foundation from June 7, 1986 to date. On   August August 8, 1991 1991, the   Davao Davao Del Del Norte Norte Provin Provincia ciall PNP Comma Commande nder  r  instituted the KAUBAN the  KAUBAN,, an integrated an  integrated undertaking of the police/barangay/citizenry to maintain peace and order. It was also in 1991 in  1991 when  when the PNP the  PNP started  started implementing the “Koban Philippine style” dubbed as Pulis as  Pulis Patrol Lingkod Bayan (PPLB). On  May 04, 1993, On May 1993, the PNP the  PNP  started establishing the KABABAYAN the  KABABAYAN Center   as Community Oriented Policing Units. Units. Finally on August on  August 15, 1994, 1994, the PNP adopted and started implementing the Community Oriented Policing System (COPS). (COPS). Basic Principles / Foundation Of COPS 1. Democracy – Democracy  – Philippines is a democratic and republic state. It is impe impera rati tive ve for for the the peop people le to part partic icip ipat ate e in and and supp suppor ortt th the e proc proces esse ses, s, programs and activitie programs activities s of the government government to attain attain   SUMMUM SUMMUM BONUM   or   or   the greatest good for the greatest number of our people. people. 2. Crimin Criminal al Justic Justice e  – a machinery used by a democratic government to protect the society against crime and disorder. 3. Who are the Police – Police  – according to Robert Peel, “The police are the public and the public are the police.” 4. People’s Power   Power   – the greatest source of power to wage war against crime and other threats to society lies among the people. CONCEPT OF COPS “COPS is a philosophy of full service, personalized policing where the same patrol officers works in the same area on a permanent basis, from a decentralized place, pla ce, worki working ng in a proact proactiv ive e pa partn rtners ership hip with with the cit citiz izens ens to identi identify fy and solve solve problems.” ELEMENTS OF COPS 1. Philosophy   – the present and future crime and other disorder requires the po poli lice ce to prov provid ide e full full serv servic ice e poli polici cing ng and and prob proble lem m solv solvin ing g wi with th th the e acti active ve participation and support of the community. 2. Pers Personaliz onalized ed   – offi office cers rs shou should ld have have pers person on to pers person on cont contac actt wi with th th the e members of the community

 

3. Patrol  Patrol   – officers must work and patrol their defined beat or AOR as often as possible. 4. Permanent  – officers should be assigned permanently for at least at  least 18 months to defined beat . 5. Place   – the AOR should be divided/sectorized into   distinct neighborhoods in urban areas and areas  and clusters  clusters of barangays in rural areas. areas. 6. Pr Proa oact ctiv ive e   – sh shal alll have have proa proact ctiv ive e fo focu cus s of prepre-e emp mpti ting ng,, prev preven enti ting ng,, suppre sup pressi ssing, ng, an and d deterr deterring ing crimes crimes.. Antici Anticipat pate e or at least least detect detect as early early as possible the occurrence of crimes. 7. Policing – Policing  – provide full service policing in the community 8. Problem Solving   – includes those abets or serves as breeding grounds of  crime 9. Partnership – Partnership  – establish community partnership PART II POLICE COMMUNICATIONS SYSTEM IMPORTANT TERMS 1. Commu Communi nicat catio ion n – in general, general, it is the transfe transferr of though thoughtt or idea from from one person to another through channel or medium. Technically, it refers to equipment used which can be electrical or electronic used to exchange information. 2. Comm Commun unic icat atio ions ns – re refe fers rs to the the tech techni nica call fi fiel eld d of st stud udy y or scie scienc nce e whic which h involves exchange of information through various channels. 3. Comm Commun unic icat atio ions ns Medi Medium um – the the lang langua uage ge or code code used used in tr tran ansf sfer erri ring ng information or idea. 4. Amplitude Modulation – modulation in which the amplitude of a wave is subject to variation of changes. This is used in single side band, double side band, and independent side band. 5. Frequ Frequency ency Modul Modulation ation – the the amplitude amplitude is made made constan constantt in the carrier carrier wave wave together with the signal. 6. Antenna – metallic wire or rod used for radiating and receiving waves to and from space. Also termed Aerial. 7. Coordinating Center – is a center base station of a police or law enforcement communications. Also called Center. 8. Interc Intercom ommun munica icatio tion n (Inter (Inter-Co -Com) m) – wires wires system system used used withi within n a build building ing or  compound for direct exchange of calls 9. In Intr traa-Co Comm mmun unic icat atio ion n – a co comm mmun unic icat atio ion n exis existi ting ng with within in a prov provin ince ce,, or orga gani niza zati tion on or comm commun unic icat atio ion n that that exis exists ts betw betwee een n inst instit itut utio ions ns of fa fart rthe hest st distance. 10. Radio – a communic communicatio ation n by means means of electroma electromagnet gnetic ic waves waves transmitte transmitted d through space. 11. Landline – is a wired form of communication 12 12.. Tele Televi visi sion on Broa Broadc dcas asti ting ng (T (Tel elec ecas ast) t) – a fo form rm of broa broadc dcas asti ting ng th thro roug ugh h television

 

13. Subscriber – refers to person, residence or office connected to the Private Base Exchange (PBX) 14 14.. Di Disp spat atch cher er – pers person onne nell in poli police ce comm commun unic icat atio ion n cent center er char charge ged d wi with th receiving and transmitting of messages. POLICE COMMUNICATIONS COMMUNICATIONS   – refers to the technical means used by the police which consis which consists ts of inter interrel relate ated d but rel relati ative vely ly indepe independe ndent nt sub-sy sub-syste stems ms such such as telephone, telegraph, teletype, radio and television systems and other electronic and automated processes. ESSENTIALS OF POLICE COMMUNICATIONS SYSTEM 1. Training   – messages should be committed to standard handling procedures by trained personnel 2. Dependability – Dependability  – provides that communications must be reliable and available at all times in good condition 3. Security   – provides that communications system must be secured from any criminal action toward destruction of police organization’s functions. 4. Accessibility  – provides that operational units must have convenient access to every communication that is essential to its efficient operation. 5. Speed – Speed  – provides that communications must be adequate considering that the quick response of officers depend on the transfer of information. 6. Confidentiality/Secrecy – Confidentiality/Secrecy  – provides that informations in the organization must be private and should not be held public as it relates to suspects or victims.

POLICE COMMUNICATIONS NETWORK 1. Admi Administr nistrativ ative e Communica Communications tions Net   – it invo involv lves es th the e exch exchan ange ge of nonnonoper operat atio iona nall info inform rmat atio ion n amon among g poli police ce prec precin inct cts, s, unit units, s, depa depart rtme ment nts s or  headquarters. 2. Operationa Operationall Communica Communications tions Net   – it pe perta rtain ins s to excha exchange nge of police police field informations involving peace, law and orders as well as general public well being. Police Radio Radio Operator/V Operator/Voice oice Radio Operator/ Operator/ Dispatche Dispatcher/ r/ Coordinat Coordinator  or    – i s a person charged with receiving and transmitting information and is trained in his job. Requisites of a Good Police Radio Operator  1. Aler Alertness tness   – gives an impression that the operator is awake and interested what the person is saying on the other line 2. Pleasantness – Pleasantness  – creates a proverbial voice with smile 3. Naturalness   – it involves the utilization of simple straightforward words and avoidance of repetition. 4. Expressiveness – Expressiveness  – use of normal tone of voice which should not be too fast or  too slow. The tone of voice will vary on meaning of sentence that the operator is saying

 

5. Distinctiveness – Distinctiveness  – it involves speaking clearly and distinctly by moving the lips, tongue and jaw freely. RADIO COMMUNICATIONS COMMUNICATIONS Radio – is –  is a system of communication using electromagnetic waves propagated through space A. Radio Waves The radio or electromagnetic waves travel as fast as the speed of light at 186,000 miles per second or 300,000 kilometers per second. TWO GENERAL TYPES OF RADIO WAVES 1. Ground Wave – Wave  – is radiated energy that touches along the surface of the earth 2. Sky Wave – Wave  – is a radiated energy that travels to the ionosphere and is reflected back to earth. B. Radio Transmitters – Transmitters  – generates electrical oscillations at a radio frequency called the carrier frequency b.1. Oscillation Oscillation Generator Generator – converts converts electrical electrical power power into oscilla oscillations tions of a predetermined radio frequency b. b.2. 2. Ampl Amplif ifie iers rs – incr increa ease ses s the the inte intens nsit ity y of osci oscill llat atio ions ns whil while e reta retain inin ing g th the e desired frequency b.3. Transd b.3. Transduce ucerr – conver converts ts the infor informat matio ion n to be transm transmitt itted ed into into va varyi rying ng electrical voltage proportional to each successive instantaneous intensity. C. Radio Receivers c.1. Antenna – receives the electromagnetic waves and converts them into electrical oscillations c.2. Amplifier – increases the intensity of oscillations c.3. Demodulator – detection equipment for demodulating c.4. Speaker – converts the impulses into sound waves audible by the human ear  c.5. Oscillators – to generate radio frequency that can be mixed with incoming waves. FREQUENCY NEEDED BY THE POLICE DEPARTMENT •   Abov Above e 30 MHz MHz or with within in Very Very Hi High gh Freq Freque uenc ncy y (30– (30–30 300M 0MHz Hz))   – is the frequency needed by the police departments. •   30–300 MHz – MHz – is intended for short distances transmission. ABC’s OF RADIO TRASMISSION  A. Accuracy – the correctness and truthfulness what is being communicated B. Brevity – using of few words. No unnecessary words or repetitious words in the transmission

 

C. Courtesy – politeness of the words being used in the communication

Associated Public Safety Communication officers, Inc. APCO TEN SIGNALS 10-0 10 10-1 -1 10-2

Caution Unab Unable le to copy copy/C /Cha hang nge e Loca Locati tion on Signal good

10-3 10-3 10-4 10-4 10-5 10-6 10-7

St Stop op tr tra ansm nsmitti itting ng Ackno cknowl wled edge geme ment nt// Roge Roger  r  Relay Busy-standby unless urgent Out of service

10-8 10-9

In Service Repeat/ Say again

10-10 10-11 10-12 10-13

Fight in progress Dog case Stand-by Weather and road report

10-14 10-15 10-16 10-17 10-18

Report of prowler   Civil disturbance Domestic trouble Meet complainant Complete the assignment quickly

10-19 10-20 10-21

Return to______   Location Call______ by telephone

10-22 10-23 10-24

Disregard Arrived at scene Assignment complete

10-25 10-26 10-27 10-28 10-29

Report in person (meet) Detaining subject, expedite Drivers License Information Vehicle Registration Information Check record for wanted

10-30 10-31 10-32 10-33

Illegal use of radio Crime progress Man with gun Emergency

10-34 10-35

Riot Major crime alert

 

10-36 10-37 10-38 10-39 10-40 10-41

Correct time Investigate suspicious vehicle Stopping suspicious vehicle Urgent use light and siren Silent run- no light or siren Beginning of tour of duty

10-42 10-43 10-44 10-45 10-46

Ending tour of duty Information Request permission to leave patrol Animal carcass in lane at________   Assist motorist

10-47 10-48 10-49 10-50 10-51

Emergency road repairs needed Traffic standards needed repairs Traffic lights out Accident Wrecker needed

10-52 10-53

Ambulance needed Road Blocked

10-54 10-55 10-56 10-57

Firestock highway Intoxicated driver   Intixicated pedestrian Hit and Run

10-58 10-59 10-60 10-61 10-62

Direct traffic Convoy or escort Squad in vicinity Personnel in area Reply to message

10-63 10-64 10-65

Prepare to make written copy Message to local delivery Next message assignment

10-66 10-67 10-68

Message cancellation Clear to net message Dispatch information

10-69 10-70 10-71 10-72 10-73

Message received Fire alarm Nature of fire Report progress in fire Smoke report

10-74 10-75 10-76 10-77 10-78

Negative In contact with En route ETA (estimate time of arrival) Need assistance

10-79

Notified

 

10-80 10-81 10-82 10-83 10-84 10-85

Kidnapping Stolen vehicle Reserve lodging Found vehicle If meeting advice ETA Will be late

10-86 10-87 10-88 10-89 10-90

Missing person Pick-up checks for distribution Advice precent telephone number of  Found person Bank alarm

10-91 10-92 10-93 10-94 10-95

Unnecessary use of radio Wanted person Blockade Drag racing Stole cattle

10-96 10-97

Mental subject Secret

10-98 10-99

Prison jail break Record indicate wanted or stolen TOPIC 11

Planning and Steps in Police operations