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Warrantless Arrest and Search Protocols

1. Spot checks or accosting allow police officers to stop individuals if reasonable suspicion exists that a crime has been committed or if the individual appears suspicious, such as appearing to carry a weapon. The officer must identify themselves and only conduct a visual observation without a pat-down unless a search warrant exists. 2. A pat-down search is permitted if an individual has been legitimately stopped based on reasonable suspicion that they possess a weapon that could harm others. The search must be conducted by two officers, with one searching while the other provides cover. 3. Lawful warrantless arrests can be made if a crime is witnessed, evidence suggests a crime was just committed, or an escaped prisoner is caught. The

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Kervie Jay Lachaona
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18 views2 pages

Warrantless Arrest and Search Protocols

1. Spot checks or accosting allow police officers to stop individuals if reasonable suspicion exists that a crime has been committed or if the individual appears suspicious, such as appearing to carry a weapon. The officer must identify themselves and only conduct a visual observation without a pat-down unless a search warrant exists. 2. A pat-down search is permitted if an individual has been legitimately stopped based on reasonable suspicion that they possess a weapon that could harm others. The search must be conducted by two officers, with one searching while the other provides cover. 3. Lawful warrantless arrests can be made if a crime is witnessed, evidence suggests a crime was just committed, or an escaped prisoner is caught. The

Uploaded by

Kervie Jay Lachaona
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Submitted by: Lachaona Kervie Jay c.

Activity 4
A. Explain and emphasize (you can set an example) of the following PNP
Operations/Police Interactions to citizen:
1. Spot Check or Accosting
Spot check or Accosting is for the purpose of reasonable suspicion exists. Especially if
there is an occurrence of crime in the area and the individual is being suspicious to be
look like he/she carrying a weapon or fire arm or maybe one of those who involved to a
certain crime happened. This spot check or accosting is must be presented on the
manner on how it is done or being exercise. Because if police officer didn’t follow
protocol of this spot check and accosting it can lead to it’s suspension. That’s why
police officer doing this he/she must give his/her identification that he/she a police
officer entitled to the duty and checked the individual only through observation without
pat-down search acquired. Because for visual observation the concept of this spot
check or accosting no search acquired unless if their search warrant.
2. Pat-down Search
This pat-down search is performed if the individual has been legitimately stopped with
reasonable suspicion and when police officer has reason to believe that the individual
have the possibility of possessing weapon/s that can be a harm or threat to every one.
And this Pat-down search must be performed by two police officer for the one to do the
search and for the other to perform protective cover. The position of the individual being
pat-down search must be standing position or with hands placed against a stationary
object and feet apart. Then remember that police officer are not allowed to put their
hands in the pockets of the individual being searched for it is against the rule. Police
have the rights to arrest individual if he/she carrying weapon/s that are illegal and cause
harm and threat.
B. Explain and emphasize 1. Lawful Warrantless Arrest [Link] Warrantless
Search and Seizures
Lawful Warrantless arrest
Arrest Without a Warrant is actually an arrest entitled to a peace officer or a private
person to arrest a person when, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to commit an offense, 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, 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. Basing on those peace officer or private person can arrest a criminal if
he/she is caught in the act or known to be an escaped prisoner. Inform the arrested
person of the circumstances of his arrest and recite the Miranda Warning and Anti-
torture Warning to him after that bring him/her to police station.
Valid Warrantless search and seizures
This warrant less search and seizure is for individuals who violate the law and tried to
escape or hide suspicious things that were illegal. That Valid Warrantless search and
seizures is applied to 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 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. 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.

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