POLICE OPERATIONS
ARREST, SEARCH & SEIZURE, CHECKPOINT
NATURE OF POLICE OFFICE
Public Servant
"TO SERVE AND PROTECT"
the PNP as a public service organization is also task to perform non-law enforcement
related activities such as civic duties during disasters and calamities, guiding motorist in
the absence of traffic enforcers, pacify domestic quarrels without resorting to
apprehension and much more activities that come to their daily routine. Police being a
service-oriented agency should perform or spearhead activities to win the TRUST and
CONFIDENCE of the people it serves.
National in Scope
The Philippine National Police as an agency is operated by the national government. Its
jurisdiction covers the entire breadth of the Philippine archipelago all uniformed and
non- uniformed personnel of the PNP are national government employees.
Civilian in Character
PNP as an organization is not a part of the military organization, although it retains
some military attributes such as discipline.
FUNCTIONS OF A POLICE OFFICER IN OPERATIONS
To Serve and Protect- The responsibility of every police officer is to serve the
public and protect life and property. No police operation shall be conducted in order to
serve or protect the illegal activity of a particular person, group or criminal syndicate.
To Observe Human Rights and Dignity of Person- All PNP personnel shall respect
the human rights and dignity of the suspect/s during police operations.
CATEGORIES OF POLICE OPERATIONS
1. Public Safety Operation - includes Search, Rescue and Retrieval Operations, Fire
Drills, Earthquake Drills and similar operations that promote public safety.
2. Law Enforcement Operation - includes Service of Warrant of Arrest,
Implementation of Search Warrant, Enforcement of Visitorial Powers of the Chief,
Philippine National Police and Unit Commanders, Anti-Illegal Drugs Operation, Anti-
Illegal Gambling Operations, and similar operations that are conducted to enforce laws,
statutes, executive orders and ordinances.
3. Internal Security Operation - includes Counter-Insurgency Operations, Counter
Terrorist Operations and similar operations that are conducted to ensure internal
security.
4. Special Police Operation – includes Checkpoint Operation, Civil Disturbance
Management Operation, Police Assistance in the Enforcement of Demolition Eviction
Injunction and Similar Orders, Police Assistance in the Implementation of Final Court
Order, Hostage Situation, and similar police operations that are conducted by police
units with specialized training on the peculiarity of the mission or purpose.
5. Intelligence Operation - includes Surveillance Operation, Counter Intelligence,
Intelligence Research, Intelligence Assessment and similar police intelligence operation
conducted to gather information related to security, public safety and order.
6. Investigation Operation – includes Investigation of Crime or Incident,
Administrative Investigation and similar investigative work necessary to determine facts
and circumstances for filing cases criminally or administratively.
7. Scene of the Crime Operation (SOCO) – includes the processing of crime scene,
technical and forensic examination of evidences and similar scientific or investigative
assistance.
BASIC REQUIREMENTS OF POLICE OPERATIONS
• With a marked police vehicle;
• Led by a Police Commissioned Officer (PCO)
• With personnel in prescribed police uniform or attire
USE OF MEGAPHONES AND SIMILAR INSTRUMENTS
• During actual police intervention operations, the Team Leader shall use peaceful
means including the use of megaphones or any other similar instruments to warn or
influence the offender/s or suspect/s to stop and/or peacefully give up. The police shall
not use warning shots during police intervention operations.
BASIC POLICE OPERATIONS
• Arrest
The taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
MODES
Arrest by Virtue of a Warrant – A mode of arrest usually executed by law enforcers
upon the written order of the Judge.
Warrantless Arrest - This is also known as citizen's arrest. This can be executed by
either law officers or private persons.
TIME OF MAKING AN ARREST
•An arrest may be made on any day and at any time of the day or night.
MIRANDA RIGHTS
The right to be informed of the cause and nature of accusation
The right to remain silent
The right to counsel
SEARCH AND SEIZURE
Search- an infringement of an individual's reasonable expectation of privacy. "Search"
here as applied to law enforcement connotes a different meaning. "An inspection which
does not intrude upon a legitimate expectation of privacy or compromise any legitimate
interest in privacy is not considered as a search
Seizure- detention of an individual or her property, and removing that property from
the control of the citizen, or in effect, taking control of the individual.
Search Warrant- 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 (sec. 1, Rule 126, Rules of Court).
MODES OF SEARCH
Search by Virtue of a Warrant – a mode of search executed by law enforcers upon
the written order of the Judge.
Warrantless Search – a mode of search by police officers executed without the
benefit of a warrant.
TIME OF MAKING SEARCH
Section 9, Rule 126 of the Rules of Court clearly states that "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." Same mandate is stated
under Rule 14.3 of the Philippine National Police Handbook (2013).
CHECKPOINTS (PHILIPPINE NATIONAL POLICE HANDBOOK (2013)).
Rule 11.2 Composition
In the conduct of checkpoint proper, the checkpoint team shall be composed of, but not
limited to, the following:
Team Leader (TL) - shall lead and take responsibility in the conduct of
checkpoint, an officer with the rank of at least Police Inspector;
Spotter - PNP personnel who will point/profile suspected vehicle subject for
checkpoint;
Spokesperson - TL or member who is solely in charge of communicating with
the motorists subject for checkpoint;
Investigation Sub-team - in charge of investigation and documentation of
possible incidents in the checkpoint to include issuance of Traffic Citation Ticket
(TCT) or Traffic Violation Report (TVR);
Search/Arresting Sub-Team - designated to conduct search, seizure and
arrest, if necessary;
Security Sub-Team - tasked to provide security in the checkpoint area; and
Blocking/Pursuing Sub-Team - team tasked to block/pursue fleeing
suspects/vehicle.
RULE 11.3 SALIENT GUIDELINES
Mobile checkpoints are authorized only when established in conjunction with
ongoing police operations. Only officially marked vehicles with blinkers turned on,
if available, shall be used in establishing mobile checkpoints.
Checkpoints are established to enforce circulation control measure, laws, orders
and regulations,
The use of mixed uniforms (GOA, Field service uniforms, black fatigue) in the
conduct of checkpoint is strictly prohibited.
As much as possible, the area where the checkpoint shall be established must be
properly lighted, with a noticeable signage bearing the name of the PNP unit and
the participating organization/s visibly displayed in the checkpoint site, to prevent
any apprehension from the public of the existence of the same.
Due courtesy must be accorded to the motorists, traders and the commuters
during the conduct of checkpoint.
The spokesperson must greet the people subject for inspection, extend apology
for the inconvenience, appeal for understanding and state the reasons of the
operation. Upon completion, thank the person/s searched.
Except in the actual commission of crime during checkpoints or in a hot pursuit
operation, the conduct of inspection of vehicle during a routine checkpoint is
limited to a visual search
Voluntary offers of cash or in kind from the traders/motorists passing the
checkpoint should be absolutely refused because the offer might be
misconstrued as a bribe.
CLASSIFICATION OF POLICE FUNCTIONS
• Line Functions - are the "backbone" of the police department; they include
such operations as patrol, investigation, traffic control, vice control, and juvenile
control as well as supervision of the personnel performing those operations.
• Staff Functions - Staff functions are those operations designed to support the
line functions, Staff members are necessarily advisors who are typically assigned
to planning, research, legal advice, budgeting, and educational services. Staff
members are often civilians with specialized training who serve within the
department but do not deal with daily operations on the street.
• Auxiliary Functions- Auxiliary functions involve the logistical operations of the
department. These include training, communications, jailing, maintenance,
record keeping, motor vehicles, and similar operations.
POLICE PATROL
An organization within an organization. It serves as the nucleus or focal point of the
department.
OBJECTIVES OF POLICE PATROL
• Preventive Enforcement - falls under the heading of protection, and involves
the prevention of crime through the noticeable presence of police vehicles and
personnel.
• Selective Enforcement - This involves going either where the trouble is, or
where the trouble likely to occur.
• Traffic Enforcement - Large police departments have traffic divisions, but the
majorities of the departments are small, and have only patrol division to handle
traffic enforcement.
• Emergency Call for Service - One of the duties and purposes of patrol is the
handling of emergency calls for service.
TYPES OF PATROL
1. Foot Patrol - 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.
Types of Foot Patrol
• Fixed Foot Patrol - usually used for traffic, surveillance, parades and special
events.
• Mobile Foot Patrol - used where there is considerable foot movement such as
business and shopping center, family dwellings and the like.
2. Automobile Patrol - the most economical type of patrol and offers tactical ability
when used in numbers. It is considered as the most extensively used and most effective
means of transportation for police patrol.
3. Helicopter Patrol - the most expensive type of patrol in terms of financial
resources. Helicopters are costly which makes procurement a challenge. Usually this
type of patrol is used in securing a vast area.
4. Canine Patrol - a type of patrol that used canine dogs to detect explosives and
illegal drugs in a luggage.
5. Bicycle Patrol - a type of patrol that utilizes bicycle in monitoring an area. It can
gain access to small alleys which makes crime prevention more effective.
6. Cyber Patrol - the most latest type of patrol where police officers savvy with the
computer technology monitor computer data and transactions to detect crimes such as
money laundering, pornography, prostitution, human trafficking, and others.