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Police Operations: Law Enforcement Operations and Planning With Crime Mapping

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Module No.

POLICE OPERATIONS
LAW ENFORCEMENT OPERATIONS AND
PLANNING WITH CRIME MAPPING

MARIA LOUELLA C. FLORO, RCrim., LPT, MAEd


(Ongoing) Criminal Justice Department
Bataan Heroes College
This module or any portion thereof may not be reproduced or used in any manner
whatsoever without the express written permission of the publisher except for educational
purposes but with a citation to this source.
For Permission: Contact Bataan Heroes College, Roman Super Hi-way, Balanga City,
Bataan, Philippines.
Police Operations: Rules 10-14 Page 2 of 29 MARIA LOUELLA C. FLORO, RCrim.,LPT, MAEd(Ongoing)
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Module 5: Police Operations (Rules 10-14)


Module Description:
In this module, you will learn about Spot Checks/Accosting and pat-down
Searches; Checkpoints; Internal Security Operations; Arrest; and Search and
Seizure
Objectives of the Module:
By the end of this module, you are expected to:
a. Determine the procedures on Spot Checks/Accosting and pat-down
Searches, Checkpoint, Internal Security, Operations, Arrest, and Search and
Seizure;
b. Understand the concept of Spot Checks/Accosting and pat-down Searches,
Checkpoints, Internal Security Operations, Arrest, and Search and Seizure;
and
c. Value the importance of learning different procedures when it comes to Spot
Checks/Accosting and pat-down Searches; Checkpoints; Internal Security
Operations; Arrest; and Search and Seizure.

5.1. Spot Checks/Accosting and Pat-down Searches (Rule 10)


5.1.1. Grounds for Spot Check/Search
a. Spot Check/Accosting.
(1) The appearance or demeanor of the individual suggests that he is part of a
criminal enterprise or is engaged in a criminal act;
(2) The actions of the individual suggest that he is engaged in a criminal
activity; (3) Questionable presence of the individual in the area;
(4) The subject is carrying a suspicious object;
(5) The suspect’s clothing bulges in a manner that suggests he is carrying a
weapon; (6) The suspect has been found in the time and place proximate to an
alleged crime;

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(7) The police officer has knowledge of the suspect’s prior criminal record or
involvement in criminal activity; and
(8) The individual flees at the sight of a police officer.
b. Body Frisk/Pat-Down Search.
Circumstances which may justify pat-down search:
(1) The type of crime believed to be committed by the subject, particularly crimes
of violence where the threat of use or use of deadly weapon is involved; (2) Where
the police officer handles several suspects;
(3) The time of the day and the location where the pat down search took
place; (4) Prior knowledge by the police officer of the suspect’s use of force
and/or propensity to carry deadly weapons;
(5) The appearance and demeanor of the suspect;
(6) Visual indications suggesting that the suspect is carrying a fi rearm or other
deadly weapon; and
(7) Whenever possible, pat-down searches should be performed by police officers
of the same gender.
5.1.2. Procedures and Guidelines
a. Spot Check/Accosting
(1) When approaching the individual, the police officer shall clearly identify
himself as a police officer. If not in uniform, the police officer must identify
himself by announcing his identity and displaying official identification card
and/or badge. (2) Police officers shall be courteous at all times but maintain
caution and remain vigilant for suspicious movements like attempting to retrieve
weapon, conceal or discard contraband, or other similar actions.
3) 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. (4) Police
officers shall confine their questions as to the person’s identity, place of
residence, and other inquiries necessary to resolve the police officer’s suspicion.
However, in no instance shall a police officer hold a person longer than the

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period reasonably necessary to be able to make these limited inquiries and to


resolve suspicions.
(5) Police officers are not required to inform the person of his rights under the law
(i.e. Miranda Warning, Anti-torture law, etc.) unless the person is placed under
arrest.
b. Body Frisk/Pat-Down Search
When reasonable suspicion justifies a pat-down search, the search should
be performed with due caution, restraint, and sensitivity. Pat-down searches
should be conducted in the following manner:
(1) Whenever possible, pat-down searches should be conducted by at least two (2)
police officers, one to perform the search while the other provides protective
cover.
(2) Because pat-down searches are cursory in nature, they should be performed
with the suspect in a standing position, or with hands placed against a stationary
object, and feet spread apart. However, should an officer visually observe a
weapon, a more secure search position may be used like the prone (lying face
down) position.
(3) In a pat-down search, officers are permitted only to feel the outer clothing of
the suspect. Police officers may not place their hands inside the pockets of the
subject’s clothing unless they feel an object that could probably be a weapon,
such as a gun, knife, club, or the like.
(4) If the suspect is carrying an object such as a handbag, suitcase, briefcase, sack,
or other similar items that may conceal a weapon, the police officer should not
open the item but instead put it in a place out of the suspect’s reach.
(5) If the external patting of the suspect’s clothing fails to disclose evidence of a
weapon, no further search may be made. If a weapon is found and the possession
of which amounts to a violation of the law, the police officer shall arrest the
suspect and conduct a complete search of his person.
5.1.3 Reporting after the Spot Check/Accosting or Pat-Down Search If after
conducting a spot check/accosting or pat-down search, the police officer has no
basis for making an arrest, he should record the facts of such spot

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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.
5.2. Checkpoints
5.2.1 Authority to Establish Checkpoints
Checkpoint is a place where the police check vehicular/ pedestrian traffic
in order to enforce circulation control measure and other laws, orders, and
regulations. The establishment of checkpoints must always be authorized by the
Head of Office of the territorial PNP Unit and manned by uniformed PNP
personnel. Other units directly involved in an operation may establish mobile
checkpoints in coordination with the Unit Commander in the area.
5.2.2 Composition
In the conduct of checkpoint, the checkpoint team shall be composed of,
but not limited to, the following:
a. Team Leader (TL)
b. Spotter
c. Spokesperson
d. Investigation Sub-team
e. Search/Arresting Sub
f. Security Sub-Team
g. Blocking/Pursuing Sub
5.2.3 Guidelines
a. 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.
b. Checkpoints are established to enforce circulation control measure, laws, orders
and regulations, and when there is a need to arrest a criminal or fugitive from
justice.
c. The composition of the personnel manning the checkpoint shall be left to the
sound discretion of the Team Leader (TL), with the consideration of female PNP
officer in the team especially when there is an anticipated female suspect.

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d. The minimum Police Checkpoint team should at least be composed of an 8-


man complement, with three verifiers, one spotter, one TL, one profiler, one rear
security and one advance security.
e. The Team manning checkpoints must have immediate contact with the LGUs,
Public Attorney’s Office (PAO) or any member of the Philippine bar, and/or the
media (for drug cases).
f. The Team should encourage the participation of, but not limited to, the Local
Government Units (LGUs), (NGOs), business organizations, other civic groups,
media and other stakeholders during the conduct of Police Checkpoint
operations. g. The participation of the civilians and the presence of the media in
the conduct of checkpoint must be confined only as observers to give police
additional eyes and promote transparency of activities in the area.
h. All civic groups or organizations to include the media, who are inclined to
participate in police checkpoints, must be duly registered and accredited by the
PNP for such purpose. The accreditation of the civilian groups to join in the
conduct of checkpoint shall be administered by the Police Regional and
Provincial Offices.
i. PNP personnel manning the checkpoint must have a presentable appearance,
wearing the prescribed PNP uniform. Likewise, the civilian members must also be
in their organization’s uniform with their names conspicuously displayed for
identification. In no case shall the civilian components be allowed to bear
firearms during the checkpoint.
j. In Metro Manila and other major cities, police officers manning the checkpoints
should not wear Field Service Uniforms (FSU) or black fatigues in lieu of the
PNP General Office Attire unless the conduct of checkpoint is a result of a Hot
Pursuit Operation or a High Risk Checkpoint. The use of mixed uniforms (GOA,
FSU, black fatigue) in the conduct of checkpoint is strictly prohibited. k. As much
as possible, the area where the checkpoints 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.
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l. Due courtesy must be accorded to the motorists, traders and the commuters
during the conduct of checkpoint.
m. 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.
n. 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 and therefore must be done with due respect to
innocent passers-by, commuters, or bystanders and be conducted in a manner
that is of least inconvenience to the public. Searches, seizures, and arrests made
during checkpoints shall be within the ambit of the law.
o. Violations/Infractions of the law discovered during the checkpoint operation
shall be expeditiously disposed of following legal procedures. Arrested persons
must be apprised of their rights with respect to the Miranda Doctrine.
q. Only the security sub-team and blocking/pursuing sub-team members are
allowed to display high-powered fi rearms should be positioned where they can
best provide security to the Checkpoint team, including themselves.
r. Checkpoint personnel must not limit their task to 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 passers-by.
s. The PNP operating units must provide their own logistical and financial
requirements to avoid soliciting support from the civilians for their personal or
operational needs.
t. Police personnel assigned in the checkpoint shall not mulct, extort, or harass
drivers, passengers, and traders. Designated TL assigned at the checkpoint shall
be responsible for the actuations and behavior of his personnel and shall be
accountable under the doctrine of Command Responsibility.
u. 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.

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v. The police and the civilian component must separately submit their After
Checkpoint Operation Report to their respective units or organization for proper
evaluation of the efficacy of the operation.
5.2.4 Procedure in the Conduct of Regular Police Checkpoint
a. Unit Commanders should inform Higher Headquarters HHQs) Tactical
Operations Center (TOC) and coordinate with adjacent units, such as MPS, CPS,
NSUs, Public Safety Company Forces and other friendly forces, personally or
through an official representative, before commencing with the checkpoint to
avoid misencounter and any untoward incident;
b. The TL shall brief the PNP personnel, as well as the civilian components
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 a jacket, the flap of the jacket bearing
their names should also be displayed.
Likewise, the equipment will include, 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;
(6) Video camera; and
(7) Signage:
(a) Warning signs: (e.g., Slowdown Checkpoint Ahead,
Checkpoint 20 Meters Ahead, etc.); and
(b) Information signs: Name of the Unit and TL.
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;

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e.Search/Arresting Sub-Team shall fl ag down suspected vehicles and


conduct search, seizure and arrest, if necessary;
f. In the event of seized drugs, the team having initial custody and control of the
drugs shall immediately conduct physical inventory and photograph the same in
the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative
from the media and DOJ, any elected public official who shall be required to sign
the copy of the inventory and be given a copy thereof;
g. Arrested persons and seized items shall be turned over to the investigation sub
team for documentation and proper disposition;
h. In the event that the checkpoint is ignored, and the occupants of the vehicle
open fi re on the personnel manning the checkpoint, reasonable force to overcome
the suspects ‘aggression may be employed;
i. Inform Higher Headquarters before terminating the conduct of
Checkpoint; j. The TL shall conduct debriefing of personnel after
termination of the Checkpoint; and
k. Unit Commander shall submit After-Activity Report to Higher Headquarters.
5.2.5 Procedure in the Conduct of On-the Spot (Hasty) Checkpoints a. PNP
personnel conducting mobile patrols on board patrol vehicles will initially man the
checkpoint, to be complemented by additional personnel upon arrival of reinforcement.
A collapsible signage with markings: “Stop, Police Checkpoint” if available, indicating
also the name of the concerned police office/unit conducting the operations, will be used
for the purpose;
b. In the case 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 is a possibility of high risk stop and high
risk arrest, and there is an urgency for troop deployment and that public safety

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might be at risk, the participation of the civilian component and the presence of
the media in the checkpoint operation shall not be allowed;
e. The Unit Commander of the personnel manning the hasty checkpoint shall
immediately send additional personnel, equipment and signage to the 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 follow the procedures under 11.4c of this Rule.
5.2.6 General Procedure to be Followed When Checkpoints Are Ignored
When checkpoints are ignored, the following shall be
observed:
a. In the event that checkpoints/roadblocks are ignored and the motorists/suspects
bump the roadblock in an attempt to elude arrest or avoid inspection, the TL shall
immediately contact adjacent units to inform them of the situation so that these
units can conduct dragnet operation or police defensive roadblock, while the
members of the blocking/pursuing team shall block or pursue the errant fleeing
motorist;
b. Warning shots shall not be allowed due to the confusion it may create for 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 the event that the occupants of the vehicle open fire on the personnel
manning the checkpoint, reasonable force to overcome the suspects’ aggression
may be employed.
5.2.7 Procedure in Flagging Down or Accosting Vehicles While in Mobile Car This
rule is a general concept and will not apply in hot pursuit operations. The mobile
car crew shall undertake the following, when applicable: a. Call Headquarters to
provide information on the make or type and plate number of the motor vehicle to
be accosted and, if possible, identity of occupants; b. State the reason(s) for the
planned intervention of the suspected motor vehicle; c. Give the mobile car’s
location and its direction before making actual intervention;

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d. Try to get alongside the suspects’ vehicle and check the occupants without
alarming them of your 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. Make known to the suspect that you are after them through the use of a siren or
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,
instruct the driver to open all windows to have a clear view of the interior of the
vehicle;
j. Instruct the driver to turn off the ignition, if this was not done when the vehicle
stopped; in case of motorcycle instruct the driver to remove the key and
disembark;
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 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 traffic violations, immediately issue a Traffic Citation Ticket
(TCT) or Traffic Violation Report (TVR). Never indulge in prolonged,
unnecessary conversation or argument with the driver or any of the vehicle’s
occupants;
n. In case 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. Before moving out, inform Headquarters regarding the situation/status and
disposition of the person and motor vehicle accosted.

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5.2.8 Dealing with Hostile Situation


The following are the procedures to be followed in dealing with hostile
drivers:
a. Stopping Vehicles
(1) Follow the procedure stated in paragraphs a to c of Rule 11.7;
(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 hot pursuit or actual hostile confrontation;
(5) If the back-up is already in the vicinity, inform Headquarters that you
are proceeding to accost the suspect;
(6) Inform the suspects that you are after them through the use of siren or
megaphone and instruct the driver to pull over or stop on the side of the
street;
(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 or
aggression on the part of the police 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 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.

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b. Fleeing Vehicles
(1) In the event that the motor vehicle did not stop despite the warning given,
inform Headquarters or adjacent units so that dragnet operations or police
defensive roadblocks can be set-up;
(2) Inform Headquarters of the make or type, plate number and color of the motor
vehicle to be accosted 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) 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. 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) Instruct the driver to turn off the ignition and toss the key to the ground, open
the door and step out of the vehicle, then instruct him to place his hands on top of
the vehicle, or to move towards you with his hands 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) Arrest, handcuff and
search the suspects and bring them to Headquarters for proper disposition; and (9)
Before moving out, inform Headquarters about the situation, status and
disposition of the suspects and motor vehicle accosted.
5.2.9. 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 immediate response to a reported commission of
crime perpetrated by 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

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(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 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 shall strictly adhere to the PNP Operational Procedures (POP),
particularly on the use of force (Rule 7).
5.2.10. Police Defensive Roadblock
Police Defensive Roadblock is a temporary installation or hastily built barricade
set for halting traffic to facilitate the apprehension/neutralization of an armed
person/suspect onboard a motor vehicle. (PNP Command Memorandum Circular No.
25-13 “Establishment of Police Defensive Roadblocks”)
a. Pre-Conditions in Establishing Police Defensive Roadblocks:
A police defensive roadblock may be established in any of the following
conditions/situations:
(1) The object vehicle/s must be the subject of a recent f l ash alarm;
(2) The driver/occupants of the vehicle are presumed hostile and will not stop at
the checkpoint;
(3) The vehicle disregarded a police-established checkpoint when flagged down;
(4) The identified vehicle and occupants must be the subject of a police
case/combat operational plan;
(5) There is unauthorized troop movement; or
(6) There must be validated information on any of the following:
(a) On-going hot pursuit/police chase;
(b) Movement of suspected armed persons onboard a motor vehicle;
(c) Report of suspected armed men who have just committed a crime;

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(d) Vehicle carrying escaped prisoner; or


(e) Armed motorcycle riding criminals.
b. Procedures in Establishing Roadblock:
(1) Before the Roadblock:
(a) Organize appropriate/sufficient police tactical security forces, utilizing
maximum firepower and armor assets (if any), with the following team
composition:
i. Team Leader (TL)
ii. Forward observer/spotter
iii. Spokesperson
iv. Sniper
v. Investigation Sub-team
vi. Search/Arresting Sub-Team
vii. Security Sub-Team
viii. Blocking/Pursuing Sub-Team
ix. Medical Sub-Team
x. Additional tactical personnel/team may be employed depending
on the size of the hostiles; and
xi. Videographer
(b) The Team Leader (TL) shall brief the elements/ members of the
Police Roadblock and perform the following:
i. Inform the next higher Headquarters of the make or type and
plate number of the motor vehicle to be accosted, including the
number and, if possible, identity of the occupants;
ii. State the reason(s) for the planned intervention of the suspected
motor vehicle;
iii. Give the exact location of the roadblock to include personnel
involved, available equipment and marked vehicles;
iv. Coordinate with the Chief of Police and friendly forces who has
territorial jurisdiction over the area;

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v. and Immediately contact adjacent units to inform them of the


situation so that these units can conduct dragnet operation, while
the members of the blocking/pursuing team shall block or pursue
the fleeing suspects/ vehicle.
(c) Participating personnel in the roadblock must be in their prescribed
uniform; and
(d) In a roadblock, since troop deployment is urgent and public safety is
at risk, the participation of civilian component and the presence of media
in the roadblock shall not be allowed.
(2) During the Roadblock:
(a) Establish forward observers/spotters and rear checkpoint;
(b) Deploy security forces in a strategic and defensive position;
(c) Establish a strong roadblock on selected strategic areas;
(d) Deploy road spikes or tire deflation system if available;
(e) Ensure that the whole intervention procedure is documented by the
videographer;
(f) As much as possible, the area where the roadblock shall be established
must be properly lighted with noticeable signage bearing the name of the
PNP Unit visibly displayed and in a safe distance from a populated area to
prevent collateral damage if a firefight ensues;
(g) Police car lights must be turned on at all times during the operation;
(h) Identify yourself-rank, name, unit verbally and make known to the
suspect/s that you are after them through the use of a siren or megaphone;
(i)If the vehicle’s windows are heavily tinted and the occupants cannot be
seen, instruct the driver to open all windows to have a clear view of the
interior of the vehicle;
j. Instruct the driver to turn off the ignition (if this was not done when the
vehicle stopped) and order all the occupants to disembark, followed by
their hands to be placed on top of the vehicle;
(k) The other members of the team must be on guard for any eventuality
while the vehicle is being approached;

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(l) Intervention procedures upon stop of subject vehicle: Exert utmost


effort to persuade the suspects to halt or stop their movement; i. Start
with the procedural conduct of regular warrantless arrest where arrest
is inevitable;
ii. Ensure proper documentation of the process; and
iii. Respect the rights of all the persons involved.
(m) Procedures when suspects open fire/engage the troops:
i. In the event that the occupants of the vehicle open fire on the
personnel manning the roadblock, reasonable force to overcome
the suspects’ aggression may be employed;
ii. only necessary force to neutralize suspects;
iii. Prevent panic firing;
iv. Prevent collateral damage; and
v. Account for the casualties.
(3) After the Roadblock:
(a) When suspect/s surrendered or are arrested:
i. Arrested persons must be apprised of their rights in reference to
the Miranda Doctrine; and
ii. An After-Roadblock Operations Report must be submitted to
their respective units or organization for proper evaluation of the
efficacy of the operation.
(b) When suspects engage with troops:
i. Account for the casualties and give immediate medical assistance
to the wounded; ii. iii. Protect/preserve the crime scene/
engagement area; and Ensure proper documentation of the process.
(c) Fleeing Vehicles:
i. In the event that the motor vehicle did not stop and it evaded the
roadblock despite the warning given, inform Headquarters or
adjacent units so that another roadblock can be set-up;
ii. Fleeing vehicles shall not be fired upon except by a sniper but
only to disable the vehicle;

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iii. Inform Headquarters of the make or type, plate number and


color of the motor vehicle to be accosted including the number of
occupants and, if possible, their identity;
iv. State the reason(s) for flagging down the suspected motor
vehicle;
v. Give mobile car’s location and its direction before making
actual intervention; and
vi. Establish Hot Pursuit Operation.
5.3. Internal Security Operations (Rule 12)
5.3.1. General Mandate
The PNP is mandated to provide active support to the Armed Forces of the
Philippines (AFP) in Internal Security Operations (ISO) for the suppression of the
Communist Terrorist Movement (CTM) and other serious threats to national security.
(Executive Order No. 546 series of 2006 “Directing the Philippine National Police to
Undertake Active Support to the Armed Forces of the Philippines in Internal Security
Operations for the Suppression of Insurgency and Other Serious Threats to National
Security, Amending Certain Provisions of Executive Order No. 110 series of 1999
and for Other Purposes”)
5.3.2 The PNP in an Active Support Role
The PNP shall perform the following:
a. Conduct sustained law enforcement actions against CTM atrocities;
b. In urban areas, the PNP may assume the lead role in ISO against the CTM,
other threat groups and organized crime groups engaged in armed offensives; c.
The PNP units may either operate as a single force or as a part of joint PNP AFP
combat operations. In both cases, lateral coordination is a must;
d. The PNP units in CTM-affected areas may be placed under Operational
Control (OPCON) of AFP units but shall continue to perform law
enforcement functions.
e. Specific areas where armed confrontations such as encounter, ambush, raid,
liquidation and other similar atrocities occur between government forces (PNP or
AFP) and the Communist Terrorists (CTs) shall be treated as a crime scene.

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The police unit that has jurisdiction over the areas shall conduct the Crime
Scene Investigation (CSI).
5.3.3 Defensive Position
Police Stations, especially those located in far-flung areas, are priority
targets of attacks. As such, security measures against CT atrocities must be
undertaken as follows:
a. Continuously remind all PNP personnel to be extra vigilant and security
conscious in their day-to-day activities and during troop movements. b. Duty
station guards shall memorize, internalize and put into practice the 11 General
Orders of a Duty Guard. (Annex “Z”) Likewise, they shall always carry their
issued long fi rearms and ammunition rig/bandoliers with basic load.
c. Vigorously implement added security measures in all Police Stations and
Police Community Precincts.
d. Conduct sustained inspection of the operational readiness of PNP field
units/stations.
e. Always keep in mind the modus operandi, strategies and tactics being
practiced/employed by the CTM and other threat groups.
f. Enhance the establishment of Advance Security Control Points (ASCPs) to
control the ingress and egress of people in Police Stations.
g. One of the strategies and tactics employed by CTM and other threats groups
to gain access to police stations is by wearing of PNP/AFP uniforms and that
of other LEAs, hence, personnel assigned in the advance security control
points shall not allow entry of uniformed groups or any individuals without
prior coordination.
(1) Exercise sustained vigilance and maintenance of law, order and public
safety in respective AOR through the intensified conduct of police
visibility patrols.
(2) Carry out Police Community Relation (PCR)/ Barangay Peacekeeping
Operations (BPO) activities in areas that are prone to influence, infiltration
and infestation of CTM fronts organization.

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5.4. Arrest (Rule 13)


5.4.1. General Guidelines
a. All arrests should be made only on the basis of a valid Warrant of Arrest
issued by a competent authority, except in instances where the law allows
warrantless arrest.
b. No violence or unnecessary force shall be used in making an arrest, and the
person to be arrested shall not be subjected to any greater restraint than what is
necessary under the circumstances.
c. As a general rule, arrests can be made on any day of the week and at any time
of the day or night.
d. Only judges are authorized to issue Warrants of Arrest.
e. A Warrant of Arrest is no longer needed if the accused is already under
detention. An Order of Commitment is issued by the judge in lieu of the Warrant
of Arrest.
f. The following are immune from arrest:
(1) A Senator or Member of the House of the Representatives while
Congress is in session for an offense punishable by not more than six
years of imprisonment; and
(2) Diplomatic Agents, Under the Vienna Convention on Diplomatic
Relations.
5.4.2 Warrant of Arrest
The warrant of arrest is the written authority of the arresting officer when
making an arrest or taking of a person into custody in order that he may be bound
to answer for the commission of an offense.
The head of the office to whom the warrant of arrest has been delivered
for implementation shall cause the warrant to be implemented within ten (10)
days from receipt. Within ten (10) days after the expiration of such period, the
police officer to whom it was assigned for implementation shall make a report to
the judge who issued the warrant and in case of his failure to implement the same,
shall state the reasons thereof
.

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5.4.3 Arrests Without a Warrant


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;
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 area to another;
d. Where the accused released on bail attempts to leave the country
without court permission;
e. Violation of conditional pardon, punishable under Article 159 of the
Revised Penal Code as a case of evasion of service of sentence;
f. and Arrest following a Deportation Proceeding by the Immigration
Commissioner against illegal and undesirable aliens.
5.4.4 Authority of the Arresting Officer when Making an Arrest
a. Police officer may summon assistance
b. Right of a police officer to break into building or enclosure
c. Right to break out from building or enclosure
d. Arrest after escape or rescue
5.4.5 Procedures
a. Serving of Warrant of Arrest
(1) Verify the validity of the warrant and request for an authenticated
copy from the issuing court;
(2) In serving the warrant, the police officer should introduce himself
and show proper identification;
(3) Make a manifestation of authority against the person to be arrested;

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(4) If refused entry, the police officer may break into any residence,
office, building, and other structure where the person to be arrested is in or
is reasonably believed to be in, after announcing his purpose;
(5) The police officer need not have a copy of the warrant in his
possession at the time of the arrest. If the person arrested so requires, the
warrant shall be shown to the arrested person as soon as possible; (6)
Secure the person to be arrested and use handcuffs for the protection of
the arresting officer, other individuals or the arrested person himself; (7)
Conduct thorough search for weapons and other illegal materials on the
person arrested and surroundings within his immediate control; (8)
Inform the person to be arrested of his rights under the law (i.e. Miranda
Warning and Anti-Torture Warning);
(9) No unnecessary force shall be used in making an arrest;
(10) Confiscated evidence shall be properly documented with the chain of
custody of evidence duly and clearly established;
(11) Bring the arrested person to the Police Station for documentation;
(12) Make a Return of Warrant to the court of origin (Annex “B” - Return
of Warrant Form); and
(13) Deliver the arrested person to jail/prison upon the issuance of a
commitment order of the court.

b. Effecting Warrantless Arrest


(1) Freeze or restrain the suspect/s;
(2) Make proper introduction as to identity and authority to arrest;
(3) Inform the arrested person of the circumstances of his arrest and
recite the Miranda Warning and Ant-torture Warning to him;
(4) Secure the person to be arrested and use handcuffs for the protection
of the arresting officer, other individuals or the arrested person himself;
(5) Conduct thorough search for weapons and other illegal materials on
the person arrested and surroundings within his immediate control;

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(6) Confiscated evidence shall be properly documented with the chain of


custody of evidence duly and clearly established;
(7) No unnecessary force shall be used in making an arrest; and
(8) Bring the arrested person to the Police Station for further investigation
and disposition.
5.4.6 Duties of the Arresting Officer
a. It shall be the duty of the police officer implementing the Warrant of Arrest to
deliver the arrested person without delay to the nearest Police Station or jail to
record the fact of the arrest;
b. At the time of the arrest, it shall be the duty of the arresting officer to inform
the person arrested of the cause of the arrest and the fact that a warrant had been
issued for his arrest. The arresting 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 possible;
c. When women or children are among the arrested suspect/s, the arresting officer
shall task the Women’s and Children’s Protection Desks (WCPD) officer or a
policewoman who is familiar with women and children protection desk duties to
conduct the pat-down search;
d. In case of arrest without a warrant, it shall be the duty of the arresting officer to
inform the person to be arrested of his authority and the cause of the arrest except
when he flees or forcibly resists before the arresting officer has the opportunity to
inform him or when the giving of such information will imperil the arrest;
e. The person arrested, with or without warrant, shall be informed of his
constitutional right to remain silent and that any statement he makes could be
used against him. Also, that he has the right to communicate with his lawyer or
his immediate family and the right to physical examination;
f. A person arrested without a warrant shall be immediately brought to the proper
Police Station for investigation without unnecessary delay. He shall be subjected
to inquest proceedings within the time prescribed in Article 125 of the Revised
Penal Code (RPC);

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g. No torture, force, violence, threat, intimidation, or any other means which


vitiate the free will shall be used against an arrested person. The bringing of
arrested persons to secret detention places, solitary confinement and the like is
prohibited;
h. If the person arrested without a warrant waives his right under the provisions
of Art 125 of the Revised Penal Code, the arresting officer shall ensure that the
former signs a waiver of detention in the presence of his counsel of choice; and
i. If the person arrested waives his right against self-incrimination and chooses to
give his statement, the arresting officer shall ensure that the waiver is made in writing
and signed by the person arrested in the presence of a counsel of his own choice or a
competent and independent counsel provided by the government. 5.4.7 Physical
Examination of Arrested Person/Suspect
Before interrogation, the person arrested shall have the right to be
informed of his right to demand physical examination by an independent and
competent doctor of his own choice. If he cannot afford the services of a doctor of
his own choice, he shall be provided by the State with a competent and
independent doctor to conduct physical examination. If the person arrested is
female, she shall be attended to preferably by a female doctor.
5.5. Search and Seizure (Rule 14)
5.5.1 Requisites for the Issuance of Search Warrant
A search warrant 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. The search warrant shall particularly describe the place to be searched
and the things to be seized which may be anywhere in the Philippines.
a. The following properties may be the objects of a search warrant:
(1) Properties which are the subject of the offense;
(2) Stolen, embezzled proceeds, or fruits of the offense; and
(3) Objects including weapons, equipment, and other items used or
intended to be used as the means of committing an offense.

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b. Objects that are illegal per se, even if not particularly described in the search
warrant, may be seized under the plain view doctrine.
5.5.2 Validity of Search Warrant
a. The warrant shall be valid for ten (10) days from date of issuance and may be
served at any day within the said period. Thereafter, it shall be void. b. If, in the
implementation of the search warrant, its object or purpose cannot be
accomplished in one day, the search can be continued the following day, or days,
until completed, provided it is still within the ten (10)- day validity period of the
search warrant.
c. If the object or purpose of the search warrant cannot be accomplished within
the ten (10)-day validity period, the responsible police officer conducting the
search must file, before the issuing court, an application for the extension of the
validity period of said search warrant.
5.5.3 Time of Search
The warrant should be served during daytime, unless there is a provision
in the warrant allowing service at any time of the day or night.
5.5.4 Applications for Search Warrant
All applications for Search Warrant shall be approved for filing by the
Chief of Office. The application shall indicate the following data:
a. Offi ce applying for the Search Warrant;
b. Name of offi cer-applicant;
c. Name of the subject, if known;
d. Address/place(s) to be searched;
e. Specifi c statement of things/articles to be seized; and
f. Sketch of the place to be searched.
All approved applications shall be recorded in a log book, duly maintained
for the purpose, indicating the name of the applicant, name of the respondent,
nature of the offense, and date of the application. (Annexes “C”, “C-1” and “C 2”)
5.5.5 Authority of Police Officers when Conducting Search

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In the conduct of search, if after giving notice of his purpose and


authority, the police officer is refused admittance to the place of search, he may
break open any outer or inner door or window or any part of a house or anything
therein to implement the warrant or liberate himself or any person lawfully aiding
him when unlawfully detained therein.
5.5.6 Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant a.
Houses, rooms, or other premises shall not be searched except in the presence of the
lawful occupant thereof or any member of his family or, in the absence of the latter, in
the presence of two (2) witnesses of sufficient age and discretion residing in the same
locality.
b. Lawful personal properties, papers, and other valuables not specifically
indicated or particularly described in the search warrant shall not be taken. 5.5.7
Inventory and Delivery of Property Seized
a. The police officer who confiscates property under the warrant shall
issue a detailed receipt of property seized to the lawful occupant of the
premises, or in the absence of such occupant, shall do so in the presence of
at least two (2) witnesses of sufficient age and discretion residing in the
same locality;
b. The receipt shall likewise include items seized under the Plain View
Doctrine;
c. The police officer must then leave a receipt in the place in which he
found the seized property and a duplicate copy thereof with any barangay
official having jurisdiction over the place searched (Annexes “D” and “D
1”); and
d. The police officer must forthwith deliver the property seized to the
judge who issued the warrant, together with an inventory thereof, duly
verified under oath. (Annexes “E” and “E-1”)
5.5. .8 Valid Search and Seizures Without Search Warrant
a. Search made incidental to a valid arrest
A person lawfully arrested may be searched for dangerous weapons or anything
which may be used or which may constitute proof in the commission of

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an offense, without a search warrant. The warrantless search and seizure as an


incident to a lawful arrest may extend beyond the person of the arrested to include
the premises or surroundings under his immediate control.
b. Search of moving vehicles
If the police officers who will conduct the search have reasonable or
probable cause to believe, before the search, that 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.
c. Seizure of evidence in plain view
Any object in the plain view is subject to seizure and may be introduced
as evidence. Requirements under the Plain View Doctrine are: (1) 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; (2) The discovery of the
evidence in plain view is unintentional; or (3) 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.
d. When there is waiver of the right or there is consented search To constitute
a waiver of this constitutional right, it must appear, first, that the right exists;
second, that the person involved had knowledge, either actual or constructive, of
the existence of such right; that said person had an actual intention to relinquish
the right.
e. Searches Under Stop and Frisk Rule
The police officer has the right to stop a citizen on the street, interrogate
him, and pat him for weapons whenever he observes unusual conduct which
convinces him that a criminal activity exists.
f. Emergency and Exigent Circumstances
A search warrant could be validly dispensed with in cases of exigent and
emergency situation, and the police officers have reasonable grounds to believe

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that a crime is being committed, and they have no opportunity to apply for a
search warrant from the courts because the latter were closed.
g. Tipped Information
If the police officers have reasonable grounds to believe that the subjects
are engaged in illegal activities, the tipped information is sufficient to provide
probable cause to effect a warrantless search and seizure.

References
https://pnp.gov.ph/index.php/memorandums/manuals-guides
Padduyao, F.F (2020)’. Law Enforcement Operations and Planning with Crime Mapping.
Wiseman ‘s Books Trading Inc.
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