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Law Enforcement Operations And Planning With Crime Mapping > PRELIMINARY EXAM > Flashcards

PRELIMINARY EXAM Flashcards

1
Q

WHAT ARE THE (3) NATURE OF POLICE OFFICE?

A
  1. Public Servant
  2. National In Scope
  3. Civilian in Character
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2
Q

FUNCTION OF A POLICE OFFICER IN OPERATIONS (7)

A
  1. Public Safety Operation
  2. Law Enforcement Operation
  3. Internal Security Operation
  4. Special Police Operation
  5. Intelligence Operation
  6. Investigation Operation
  7. Scene of the Crime Operation (SOCO)
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3
Q

WHAT IS RULE 113 SECTION 1 OF THE REVISED RULES OF CRIMINAL?

A

Answer: ARREST

Definition - Is the taking of a Person into Custody in order that he may be bound to answer for the commission on an offense.

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4
Q

WHAT IS RULE 113 SECTION 5 OF THE REVISED RULES OF CRIMINAL?

A

Answer: ARREST WITHOUT WARRANT; WHEN LAWFUL.

Definition: 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)

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5
Q

WHAT ARE THE THREE SITUATIONS UNDER RULE 113 SECTION 5 OF THE RULES OF COURT WHEN AN ARREST WITHOUT A WARRANT IS LAWFUL?

A

(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.

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6
Q

(3) BASIC REQUIREMENTS OF POLICE OPERATIONS

A
  1. With a marked police vehicle
  2. Led by a Police Commissioned Officer (PCO)
  3. With personnel in prescribed police uniform or attire
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7
Q

ARREST MEANING?

A

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

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8
Q

BASIC EQUIPMENT NEEDED AT A PNP CHECK POINT (6)

A
  1. Marked patrol vehicle
  2. Megaphone
  3. Firearms with basic load of ammunition
  4. Flashlights
  5. Handheld and vehicle base radios
  6. Signage
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9
Q

(2) MODES OF ARREST

A
  1. ARREST BY VIRTUE OF A WARRANT
    - A mode of arrest usually executed by law enforcers upon the written order of the judge.
  2. WARRANTLESS ARREST
    - This also known as citizen’s arrest. This can be executed by either law officers or private persons.
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10
Q

GIVE A EXAMPLE OF NON-LAW ENFORCEMENT ACTIVITIES THAT THE PNP IS TASKED WITH AS A PUBLIC SERVANT?

A
  • Civic duties during disasters and calamities
  • Guiding motorists in the absence of traffic enforcers
  • Pacifying domestic quarrels without apprehension
  • Performing or spearheading activities to win the trust and confidence of the people
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11
Q

THE PHILIPPINE NATIONAL POLICE AS AN AGENCY IS OPERATED BY THE NATIONAL GOVERNMENT. ITS JURISDICTION COVERS THE ENTIRE BREADTH OF THEPHILIPPINE ARCHIPELAGO ALL UNIFORMED AND NON-UNIFORMED PERSONNEL OF THE PNP ARE NATIONAL GOVERNMENT EMPLOYEES.

A

NATIONAL IN SCOPE

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12
Q

PNP AS AN ORGANIZATION IS NOT A PART AT THE MILITARY ORGANIZATION,ALTHOUGH RETAINS SOME MILITARY ATTRIBUTES SUCH AS DISCIPLINE.

A

CIVILIAN IN CHARACTER

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13
Q

WHAT IS THE PRIMARY RESPONSIBILITY OF EVERY POLICE OFFICER?

A

Answer: To serve the public and protect life and property

Addition: No police operation should serve or protect illegal activities of any person, group, or criminal syndicate

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14
Q

HOW SHOULD PNP PERSONNEL TREAT SUSPECTS DURING POLICE OPERATIONS?

A
  • Respect human rights
  • Maintain the dignity of the person/s involved
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15
Q

WHAT IS INCLUDED IN PUBLIC SAFETY OPERATIONS?

A
  • Search, Rescue, and Retrieval Operations
  • Fire Drills, Earthquake Drills
  • Other operations promoting public safety
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16
Q

WHAT ACTIVITIES FALL UNDER LAW ENFORCEMENT OPERATIONS?

A
  • Service of Warrant of Arrest
  • Implementation of Search Warrant
  • Enforcement of Visitorial Powers
  • Anti-illegal Drugs and Anti-illegal Gambling Operations
  • Other operations enforcing laws, statutes, executive orders, and ordinances
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17
Q

WHAT OPERATIONS ARE CONSIDERED INTERNAL SECURITY OPERATIONS?

A
  • Counter-insurgency operations
  • Counter-terrorist operations
  • Other operations ensuring internal security
18
Q

WHAT IS INCLUDED IN SPECIAL POLICE OPERATIONS?

A
  • CHECKPOINT OPERATION
  • CIVIL DISTURBANCE MANAGEMENT
  • POLICE ASSISTANCE IN ENFORCING DEMOLITION, EVICTION, INJUNCTION ORDERS
  • HOSTAGE SITUATION HANDLING
  • OPERATIONS REQUIRING SPECIALIZED POLICE TRAINING
19
Q

WHAT DOES INTELLIGENCE OPERATION INCLUDE?

A
  • Surveillance operation
  • Intelligence research and assessment
  • Counterintelligence
  • Operations gathering information related to security, public safety, and order.
20
Q

WHAT ACTIVITIES FALL UNDER INVESTIGATION OPERATION?

A
  • Administrative investigation
  • Investigation of crime or incidents
  • Determining facts and circumstances for filing criminal or administrative cases
21
Q

What is involved in Scene of the Crime Operations (SOCO)?

A
  • Processing crime scenes
  • Technical and forensic examination of evidence
  • Scientific or investigative assistance
22
Q

WHAT SHOULD TEAM LEADERS USE DURING POLICE INTERVENTION OPERATIONS TO WARN OR INFLUENCE SUSPECTS?

A

Answer: MEGAPHONES or similar instruments

Important: Police should not use warning shots during these operations.

23
Q

WHAT IS AN ARREST BY VIRTUE OF A WARRANT?

A

An arrest executed by order of a judge.

24
Q

WHAT IS A WARRANTLESS ARREST?

A
  • Also known as a citizen’s arrest.
  • Can be executed by either law officers or private persons.
25
Q

WHEN CAN AN ARREST BE MADE?

A

An arrest may be made on any day and at any time, day or night.

26
Q

EXECUTION OF THE WARRANT OF ARREST

A

Responsibility: Head of the office receiving the warrant.

Timeframe: Execute within 10 days from receipt.

Reporting: Officer must report to the issuing judge within 10 days.

27
Q

RULES FOR BODY-WORN CAMERAS IN ARRESTS (A.M. NO. 21-06-08-SC)

A

Device Requirement: At least one body-worn camera and one alternative recording device (minimum of 2 devices) during the arrest.

Alternative Devices: File a motion before the court, if devices are unavailable.

Activation: Video and audio must be activated upon arrival at the scene.

Notification: Inform the person being arrested that the arrest is recorded.

Addition: Warrantless Arrests Must be recorded in the same manner

28
Q

Effect of Failure to Use Body-Worn Camera

A

Arrest Status: Failure to use the camera does not make the arrest unlawful or the evidence inadmissible.

Officer Liability: Officers who fail to use the camera without a justifiable reason or manipulate recordings are liable for contempt of court.

29
Q

PERSONS NOT SUBJECT TO ARREST/IMMUNITY

A

Answer: CONGRESSMEN AND SENATORS

Immunity: Senators and members of the House of Representatives are privileged from arrest for offenses punishable by not more than 6 years imprisonment while Congress is in session.

30
Q

CAN A SENATOR OR A CONGRESSMAN BE ARRESTED IF HE COMMITS AN OFFENSE NOT PUNISHABLE FOR MORE THAN SIX YEARS BUT NO ATTENDING DURING SESSION?

A

Answer: NO

in the case of people of the Philippines versus Jalosjos(2000) the court provides that as long as the Congress is in session whether the incumbent congressman is attending or is absent there in, he shall still immune from arrest (People of the Philippinesvs. Jalosjos, GR. Nos. 132875-76, 2000)

31
Q

MIRANDA RIGHTS

A
  • The right to be informed of the cause and nature of accusation
  • The right to remain silent
  • The right to counsel
32
Q

IN FLAGRANTE DELICTO

A

When in the officer’s presence, the person has committed, is committing, or is attempting to commit an offense.

33
Q

HOT PURSUIT

A

Definition: When an offense has been committed, and he has probable cause based on personal knowledge of facts or circumstances that the person has committed it.

Key Point: “Immediacy” is measured between the time the offense was committed and the time the arrest was made. (24 Hours)

34
Q

ESCAPEE

A

When the person to be arrested is an escaped prisoner from a penal establishment or while being transferred.

35
Q

CUSTODIAL INVESTIGATION

A

Definition: Includes issuing an “invitation” to a person under investigation for an offense they are suspected of committing.

Liability: The “inviting” officer remains liable for any violations of law related to the investigation.

36
Q

SEARCH AND SEIZURE

A

Definition: A procedure used by police or authorities to search a person’s property and confiscate evidence relevant to a crime.

Purpose: To find and secure evidence suspected to be connected to a crime.

37
Q

(2) MODES OF SEARCH

A
  1. SEARCH BY VIRTUE OF A WARRANT

Definition: Executed by law enforcers based on a written order from a judge.

  1. WARRANTLESS SEARCH

Definition: Conducted by police officers without a warrant.

38
Q

VALIDITY OF SEARCH WARRANT

A

Answer: VALID FOR 10 DAYS from the date of issuance.

Post-Expiration: The issuing judge must check if a return has been made.

If No Return: The judge will summon the person to whom the warrant was issued to explain the lack of return.

39
Q

TIME OF MAKING SEARCH (SEC. 9, RULE 126 & PNP HANDBOOK)

A

Daytime Service: Warrant must direct that it be served during the day.

Exceptions: If the affidavit asserts that the property is in the place to be searched, the warrant may allow service at any time of the day or night.

Reference: Also stated in Rule 14.3 of the Philippine National Police Handbook (2013).

40
Q

RULES ON BODY-WORN CAMERAS IN SEARCHES (A.M. NO. 21-06-08-SC)

A
  1. Device Requirement: At least one body-worn camera and one alternative recording device (minimum of 2 devices) during the search.
  2. Alternative Devices: File a motion before the court if devices are unavailable.
  3. Activation: Video and audio must be activated upon arrival at the scene.
  4. Notification: Inform the person/occupants to be searched that the search is recorded.
41
Q

What are the requirements for using body-worn cameras during the execution of a search warrant?

A
  • At least one body-worn camera and one alternative recording device are required, a minimum of two devices.
  • If unavailable, the officer can file a motion in court to use alternative devices.
  • Officers must notify the person/occupants that the search is being recorded.
  • Video and audio recording must be activated upon arrival at the scene.
42
Q

What are the requirements for issuing a property receipt during a search and seizure?

A
  • The officer seizing property under the warrant must give a detailed receipt to the lawful occupant of the premises.
  • If the lawful occupant is absent, the officer must leave a receipt in the presence of at least two witnesses.
  • Witnesses must be of sufficient age and discretion and reside in the same locality.

Law Enforcement Operations And Planning With Crime Mapping (1 decks)

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