Chapter 3 or 4 Flashcards
As a general rule, arrest can be made on any day of the week and at any time of the day or night
ARREST
It also taking a person into custody in order that he may found to answer the commission of an offense
ARREST
Basic types of arrest are?
Arrest with warrant
Arrest without warrant
One perform after a judge authorized it
Arrest with warrant
One where officer performs without getting a judge authorization
Arrest without warrant
is written authority of the arresting of the arresting officer when making an arrest or taking of a person into custody in order that he may be bound to answer the commission of an offense.
WARRANT OF ARREST
Issued by a judge based on probable cause and served by law enforcement officer
Warrant of arrest
shall be issued only upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses presented.
searched warrant
shall particularly described the place to be searched and the things to be seized which may be anywhere in the Philippines
search warrant
The warrant should be served during daytime, unless there is a provision in the warrant allowing service at anytime of the day or night.
Time of Search
It involves law enforcement officer and going through part or all of individual property and looking for a specific items that are related to a crime that they have a reason to believe that has been committed
Search
It happens if officer take possession during the search
Seizure
A person lawfully arrested may be searched for dangerous weapons or anything which may constitute proof in the commission of an offense, without a search warrant.
Search made incidental to a valid arrest
If the Police Officer who will conduct the search have reasonable or probable cause to believe, before the search, the either the motorist is a law offender or they will find the instrumentality or evidence pertaining to a crime in the vehicle to be searched, the vehicle may be stopped and subjected to an extensive search.
b. Search of moving vehicles
Any object in the plain view is subject to seizure and may be introduced as evidence. Requirements under the Plain view D. Requirements under the Plain view
Doctrine are;
- The Police officer must have prior justification for an intrusion or, otherwise must be in a position from which he can view a particular area;
- The discovery of the evidence in plain viewb is unintentional; or
- It is immediately apparent to the police officer that the item he observes may be evidence of a crime, contraband, or is a valid subject of seizure.
Seizure of Evidence in Plain view
The vehicles justified on the grounds particular to secure a warrant because the vehicle can move quickly out of the loading
Search of moving vehicles
It includes critical event management processes, search, rescue, and retrieval operations, hostage situations, management of civil disturbances, management of health risks, and other operations that advance public safety.
PUBLIC SAFETY OPERATIONS
It is a written document or order signed by a judge directing law enforcement officer to conduct search of person and cease property specified in the warrant
Search warrant
Types of Critical Incidents
- Natural Catastrophes and calamities
- Incidents caused by the humans
- The PNP shall function as the first responder affected region in the case of a natural disaster or calamity to provide the area security and support for the search, rescue, or and retrieval operations to be led by the local DRRMCS.
- Natural Catastrophes and calamities
-In the event of incidents caused by people, the PNP will react to the following circumstances,
- Incidents caused by the humans
a. to handle a situation where the Crisis Management Committee (CMC) would not be necessary in order for regular police action to be taken to resolve the situation; and
- Incidents caused by the humans
b. to handle a situation that necessitates a CMC directed operation and the execution of unique tasks by one or more of the Philippine government’s urgent services.
- Incidents caused by the humans
- There is no information to suggest a specific human induced critical incident may occur.
Level 1 (Low)
-Human-induced critical incident is possible, but not likely.
Level 2 (Moderate)
-There is a strong possibility that human-induced critical incident may occur within a short period of time.
Level 3 (High)
- A human-induced critical incident has just occurred or has just been pre-empted.
Level 4 (Extreme)
Support to Recovery and Rehabilitation Efforts
- Post-Disaster Stage (Level 3-White).
It includes the operation of high risk checkpoints and roadblocks, police assistance in carrying out court and other quasi-judicial bodies orders, security in significant events, aircraft hijacking operations, visits to, boarding of, searches of, and seizures of marine vessels, as well as similar police operations carried out by police units with specialized training on the particularly of the mission or purpose.
SPECIAL POLICE OPERATIONS
It is the collection of fats to accomplish three-fold aim,
to identify the suspect
to locate the suspect
to provide evidence of his guilt
- INVESTIGATION
The CSI starts from the arrival of the PNP First Responders in the arrival of the Duty Investigator and the SOCO/LS team until the lifting of the security cordon and release of the crime scene.
- CONDUCT OF CRIME SCENE INVESTIGATION
These include personnel of the police, military, fire, medical teams and other volunteer organizations who are expected to be the first respond to calls for aid in cases of explosive related incidents.
- FIRST RESPONDERS
He/She is the police officers who determines the cause or motive of the crime, identifies and interviews witnesses, and effects arrest of suspects.
- INVESTIGATOR-ON-CASE
It includes the processing of crime scene, technical and forensic examination of evidence and similar scientific investigative assistance.
- SCENE OF THE CRIME OPERATIONS
