Law enforcement

Theories of Police Service

1. Home Rule - Policemen are considered as servants of the community.

2. Continental - Policemen are considered as servants of higher authority.

Concept of Police Service

1. Old Concept - The yardstick of police efficiency is the number of arrest. Police is a repressive machinery in crime prevention.

1. Modern Concept - The yardstick of police efficiency is the absence of crime/lesser number of crimes committed.

Police Discretion

It is the wise use of one’s judgment, personal experience and common sense to decide a particular situation. Abused of discretion resulting to injury to persons or damage to property is punishable. So the police must be guided by some basic concepts such as COMMON SENSE, PERSONAL EXPERIENCE, and SOUND JUDGMENT.

ARREST

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

MANNER OF CONDUCTING ARREST

An arrest is made by actual restraint of a person to be arrested, or by his submission to the custody of the person making an arrest.

WARRANT OF ARREST

Warrant of arrest is an order in writing issued in the name of People of the Philippines, signed by the judge and directed to a peace officer, commanding him to arrest a person or persons stated therein and deliver them before the court.

The requisites of a valid warrant of arrest are the following:

a. It shall be issued upon probable cause;

b. The probable cause is determined personally by the judge upon examination under oath or affirmation of the complainant and the witnesses he may produce; and

c. Particularly describing the person to be arrested. (Sec 2, Art 3 of the Philippine Constitution)

Probable cause

Sufficient to engender a well-founded belief that a crime has been committed and that respondents are probably guilty thereof.

Reasonable grounds

when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search).

They cannot arrest you on a “gut feeling” or a “hunch.” They must have hard evidence to support the basis for an arrest.

LIFE SPAN OF WARRANT OF ARREST

As long as the person stated in the warrant of arrest is not arrested, it shall remain valid even if several years already lapsed. However, 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.

Arrest warrants do not expire. They generally remain active until recalled by the court, or until the subject of the warrant is apprehended

WARRANTLESS ARREST

• In Flagrante Delicto (caught in the act)

• Hot Pursuit Arrest

• Prisoner’s Arrest

WARRANTLESS ARREST

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. IN FlAGRANTE DELICTO

b. When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested had committed it; HOT PURSUIT ARRESTS

c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another. Prisoner’s Arrest

RAID

-IT IS A SURPRISE INCASION OF A BUILDING OR AN AREA, IT IS AN ATTACK ON SMALL SCALE OR LIMITED TERRITORY.

ENTRAPMENT

-IT REFERS TO THE WAYS AND MEANS OF CAPTURING OR TRAPPING A LAW VIOLATORS.

BUY-BUST-OPERATION

-A FORM OF ENTRAPMENT EMPLOYED BY PEACE OFFICER TO CATCH A MALE FACTOR IN FLAGRANTE DELICTO

INSTIGATION

-IT IS A PROCESS BY WHICH THE INSTIGATOR PRACTICALLY INDUCES THE WOULD BE DEFENDANT INTO THE COMMISSION OF THE OFFENSE AND HIMSELF BECOME CO PRINCIPAL.

MIRANDA

MIRANDA VS. ARIZONA,1996

-MIRANDA RIGHTS

-MIRANDA WARNING

-MIRANDA DOCTRINE

ARTICLE 3, SECTION 12,AND SECTION 17

SEARCH AND SEIZURE

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.

R.A 7438

R.A 9745

“ LAW PROVIDING FOR THE RIGHTS OF THE PERSON ARRESTED,DETAINED OR OTHERWISE UNDER COSTODIAL INVESTIGATION.

“ANTI TORTURE LAW”

CRIMINAL INVESTIGATION

-ART AND SCIENCE OF IDENTIFYING, LOCATING, AND TRACING