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Crime Mapping in Police Operations

The document outlines police planning, operations, and procedures related to crime mapping, including the tools of investigation such as information gathering, interviewing, and instrumentation. It details the rights of individuals under custodial investigation as per Republic Act 7438, emphasizing the necessity of legal counsel and proper procedures during arrests and searches. Additionally, it describes the protocols for making arrests, conducting searches, and the legal requirements for warrants in the Philippines.

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Rhince Lampon
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0% found this document useful (0 votes)
11 views201 pages

Crime Mapping in Police Operations

The document outlines police planning, operations, and procedures related to crime mapping, including the tools of investigation such as information gathering, interviewing, and instrumentation. It details the rights of individuals under custodial investigation as per Republic Act 7438, emphasizing the necessity of legal counsel and proper procedures during arrests and searches. Additionally, it describes the protocols for making arrests, conducting searches, and the legal requirements for warrants in the Philippines.

Uploaded by

Rhince Lampon
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

LAW ENFORCEMENT

OPERATIONS AND
PLANNING WITH
CRIME MAPPING
CHAPTER 1

POLICE PLANNING
CHAPTER 2

POLICE OPERATION AND PROCEDURE


3 I’s or tools of investigation
• INFORMATION
• INTERVIEW (INTERROGATION)
• INSTRUMENTATION
INFORMATION
Data gathered by an investigator from other persons including the
victim himself and from:

1. Public Records;
2. Private Records; and
3. Modus Operandi File
INTERVIEW

Skillful questioning of witnesses and suspects believed to possess


knowledge that is official interest to the investigator. It includes
INTERROGATION - the act or process of questioning somebody closely,
often in an aggressive manner, especially as part of an official
investigation. Ex. The Mutt and Jeff technique or also known as the
“good cop, bad cop technique”
INSTRUMENTATION

Forensic Technology as a tool in the scientific examination of physical


evidence, using instruments and established methods. Ex. Alec Jeffrey
is the person who used Deoxyribonucleic Acid (DNA) to solve a crime
regarding a murder incident, where DNA was the first used to acquit an
innocent suspect.
CARDINAL POINTS OF INVESTIGATION
(5W’S and 1H)
• WHAT specific offense has been committed? Nature of crime.
• WHERE crime was committed? Place or location.
• WHEN it was committed? Time and date.
• WHOM it was committed? Persons/s involved.
• WHY it was committed? ...
• HOW it was committed?
Republic Act 7438
AN ACT DEFINING CERTAIN RIGHTS OF PERSON
ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING OFFICERS,
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation;
Duties of Public Officers. –

(a) Any person arrested detained or under custodial investigation shall at all times
be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or
his place, who arrests, detains or investigates any person for the
commission of an offense shall inform the latter, in a language known
to and understood by him, of his rights to remain silent and to have
competent and independent counsel, preferably of his own choice,
who shall at all times be allowed to confer privately with the person
arrested, detained or under custodial investigation. If such person
cannot afford the services of his own counsel, he must be provided
with a competent and independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the
investigating officer, provided that before such report is signed, or thumb-marked if
the person arrested or detained does not know how to read and write, it shall be
read and adequately explained to him by his counsel or by the assisting counsel
provided by the investigating officer in the language or dialect known to such
arrested or detained person, otherwise, such investigation report shall be null and
void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or
under custodial investigation shall be in writing and signed by such
person in the presence of his counsel or in the latter's absence, upon a
valid waiver, and in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the municipal judge,
district school supervisor, or priest or minister of the gospel as chosen
by him; otherwise, such extrajudicial confession shall be inadmissible
as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of
Article 125 of the Revised Penal Code, or under custodial investigation,
shall be in writing and signed by such person in the presence of his
counsel; otherwise the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation
shall be allowed visits by or conferences with any member of his
immediate family, or any medical doctor or priest or religious minister
chosen by him or by any member of his immediate family or by his
counsel, or by any national non-governmental organization duly
accredited by the Commission on Human Rights of by any international
non-governmental organization duly accredited by the Office of the
President. The person's "immediate family" shall include his or her
spouse, fiancé or fiancée, parent or child, brother or sister, grandparent
or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any
investigating officer, who fails to inform any person arrested, detained or under
custodial investigation of his right to remain silent and to have competent and
independent counsel preferably of his own choice, shall suffer a fine of Six
thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8)
years but not more than ten (10) years, or both. The penalty of perpetual absolute
disqualification shall also be imposed upon the investigating officer who has been
previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee,
or anyone acting upon orders of such investigating officer or in his
place, who fails to provide a competent and independent counsel to a
person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his
own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any
member of the immediate family of a person arrested, detained or
under custodial investigation, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate
family or by his counsel, from visiting and conferring privately with him,
or from examining and treating him, or from ministering to his spiritual
needs, at any hour of the day or, in urgent cases, of the night shall
suffer the penalty of imprisonment of not less than four (4) years nor
more than six (6) years, and a fine of four thousand pesos (P4,000.00).
POLICE PATROL OPERATION
- The word Patrol in French is “Patrouiller” means to go through mud
puddles or roughly, to travel on foot.
ARREST, SEARCH AND SEIZURES
Arrest, defined:
Arrest is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense. It is
made by an actual restraint of a person to be arrested or by his
submission to the custody of the person making the
arrest.(Sections 1-2, Rule 113 of the Revised Rules of Criminal
Procedure, 2000)

Thus, an arrested person is a person taken into custody and


under investigation to answer for the commission of an offense.
General Guidelines in Making an Arrest
• All arrests should be made only on the basis of a valid warrant of
arrest issued by a judge, except in instances where the law
allows warrantless arrest.
• No violence or unnecessary force shall be used in making an arrest,
and the person to be arrested shall not be subjected to any restrain
greater than what is necessary under the circumstances (The Revised
Rules of Criminal Procedure, Rule 113, Sec. 2)
• Arrests can be made on any day of the week at anytime of the day or
night. (The Revised Rules of Criminal Procedure, Rule 113, Sec. 6)
General Guidelines in Making an Arrest
• If the accused is already in detention, a return, together with
required documents, shall be made for any standing warrants of
arrest issued after the service.
• A senator or member of the house of representatives shall, in all
offenses punishable by not more than 6 years imprisonment, be
privileged from arrest while the congress is in session. No member
shall be questioned nor be held liable in any other place for any
speech or debate or in any committee thereof.
• Diplomatic agents and couriers, under the Vienna Convention on
Diplomatic Relations, are not liable to any form of arrest or detention.
TYPES/METHODS OF ARREST
By virtue of warrant
⮚ The officer shall inform the person to be arrested
of the cause of the arrest and of the fact that a
warrant has been issued for his arrest, except when
he flees, or forcibly resists before the officer has
opportunity to so inform him, or when the giving of
such information will imperil the arrest.
⮚ The 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
practicable.
TYPES/METHODS OF ARREST
Without warrant
⮚ The officer shall inform the person to be
arrested of his authority and the cause of the
arrest, unless the latter is either engaged in the
commission of an offense, is pursued immediately
after its commission, has escaped, flees, or forcibly
resists before the officer has opportunity so to
inform him, or when the giving of such information
will imperil the arrest.
Arrest without warrant; when lawful. —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 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 (hot
pursuit arrest); 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.
(Section 5, Rule 113 Rules of Court)
Duties of the Arresting Officer

1. To use at least one Body Worn Cameras (BWCs) and/or


alternative recording devices (ARDs), or a minimum of two
devices or such number as may be necessary;
2. To deliver the arrested person without delay to the nearest
police station or jail to record the fact of the arrest;
3. To inform the person arrested of the cause of the arrest and the
fact that a warrant had been issued for his/her arrest;
Duties of the Arresting Officer
4. When a woman is arrested, a policewoman shall conduct the
complete body search;
5. When a child in conflict with the law (CICL) is arrested, he/she
shall be processed by the Women’s and Children’s Protection
Desk (WCPD) officer and shall be separated from other adult
suspects.
Duties of the Arresting Officer
7. To inform the person to be arrested of his/her identity, authority
and the basis of the arrest except when he/she flees or forcibly
resists before the officer has opportunity to inform him, or when
the giving of such information will imperil the arrest. (in case of
arrest without a warrant)
8. To inform the person to be arrested either with or without warrant,
of his/her constitutional right to remain silent and that any
statement he/she makes could be used against him/her. Also, that
he/she has the right to communicate with his/her lawyer or his/her
immediate family and the right to physical examination.
Duties of the Arresting Officer
9. To subject arrested person with or without warrant to a
medical examination prior to temporary detention;
10. To immediately bring to the Police Station for investigation
without unnecessary delay, the person arrested without
warrant;
11. To ensure that the arrested person is free from torture or physical
abuse;
Duties of the Arresting Officer
9. To ensure that the former signs a waiver of detention in the
presence of his/her counsel of choice, if the person arrested
without a warrant waives his/her right under the provisions of
Art. 125 the Revised Penal Code; and
10. To ensure that the waiver is made in writing and signed by the
person arrested in the presence of a counsel of his/her own
choice or a competent and independent counsel provided by
the government, if the person arrested waives his/her right
against self-incrimination and chooses to give his/her
statement.
LIFE OF A WARRANT OF ARREST

• A warrant of arrest does not become stale or functus


officio unlike search warrant which is valid for ten (10)
days. A warrant of arrest remains valid until arrest is
effected or the warrant is lifted.
LIFE OF A WARRANT OF ARREST
• 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 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
reason thereof.
Search and Seizure
• Is used to describe a law enforcement agent’s examination of a
person’s home, vehicle, or business to find evidence that a crime
has been committed
• A Search involves law enforcement officers going through part or
all of an individual’s property, and looking for specific items that
are related to a crime that they have reason to believe has been
committed.
• A Seizure happens if the officers take possession of items during the
search
Search Warrant
Is 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.
An application for search warrant shall be filed with the following:
• Any court within whose territorial jurisdiction wherein a crime was
committed.
• For compelling reasons stated in the application, any court within the
judicial region where the crime was committed if the place of the
commission of the crime is known, or any court within the judicial
region where the warrant shall be enforced.
However, if the criminal action has already been filed, the application
shall only be made in the court where the criminal action is pending.
(Rule 126, Sec. 2 Revised Rules of Criminal Procedure)
Personal property to be seized.- A search warrant may be issued
for the search and seizure of personal property;
• Subject of the offense;
• Stolen or embezzled and other proceeds, or fruits of the offense;
or
• Used or intended to be used as the means of committing an
offense.
(Rule 126, Sec. 3, Revised Rules of Criminal Procedure)
Requisites for Issuing 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.
• It includes the order requiring the use of at least one BWC
and one ARD, or a minimum of two devices, or such
number as may be necessary to capture and record the
relevant incidents during its execution.
Validity of Search Warrant
• A search warrant is valid for 10 days from its date.
Thereafter it shall be void. The warrant must direct
that it be served in the daytime, unless the affidavit
asserts that property is on the person or in the place
ordered to be searched, in which case a direction may
be inserted that it be served at anytime of the day or
night.
Validity of Search Warrant
⮚If, in the implementation of the search warrant, its object or purpose
cannot be accomplished in one day, the search shall be continued
without let up even if it exceeds one day or more until completed,
provided it is still within the 10-day validity period of the search
warrant.
⮚ If the object or purpose of the search warrant cannot be
accomplished within the 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.
Authority of Police Officers when Conducting Search

⮚The authority of the police officer in conduct of search generally


emanates from the search warrant issued by the court. In
warrantless searches, there should always be a prior valid arrest.
⮚The officer, if refused admittance to the place of directed search after
giving notice of his purpose and authority, may break open any outer
or inner door or window of a house or any part of a house or
anything therein to execute the warrant or liberate himself or any
person lawfully aiding him when unlawfully detained therein.
Authority of Police Officers when Conducting
Search
• The officer seizing property under the warrant must give a detailed
receipt for the same to the lawful occupant of the premises in whose
presence, the search and seizure were made, or in the absence of
such occupant, must, in the presence of at least two witnesses of
sufficient age and discretion residing in the same locality, leave a
receipt in the place in which he found the seized property. the officer
must forthwith deliver the property seized to the judge who issued
the warrant, together with a true inventory thereof duly verified
under oath.
Prohibited acts in the Conduct of Search by Virtue of
a Search Warrant
1. No search of a house, room, or any other premise shall be made
except in the presence of the lawful occupant thereof or any
member of his family or in the absence of the latter, two witnesses
of sufficient age and discretion residing in the same locality.
2. Lawful personal properties, papers and other valuables not
specifically indicated or particularly described in the search warrant
shall not be taken
Valid Warrantless Search and Seizure
1. WARRANTLESS SEARCH INCIDENTAL TO LAWFUL ARREST

⮚This is recognized under Section 12, Rule 126 of the


Rules of Court, and by prevailing jurisprudence. In
searches incident to a lawful arrest, the arrest must
precede the search; generally, the process cannot be
reversed. Nevertheless, a search substantially
contemporaneous with an arrest can precede the arrest
if the police have probable cause to make the arrest at
the outset of the search.
Valid Warrantless Search and Seizure
2. SEIZURE OF EVIDENCE IN “PLAIN VIEW”
⮚ Under the plain view doctrine, objects falling in the plain view of an officer
who has a right to be in the position to have that view are subject to seizure
and may be presented as evidence. The plain view doctrine applies when the
following requisites concur:
✔ law enforcement officers in search of evidence have a prior justification
for an intrusion or are in a position from which they can view a
particular area;
✔ the discovery of the evidence in plain view is inadvertent; and
✔ it is immediately apparent to the officers that the item they observed may
be evidence of a crime, a contraband or is otherwise subject to seizure.
Valid Warrantless Search and Seizure
3. SEARCH OF A MOVING VEHICLE
The rules governing search of a moving vehicle have over the years
been steadily liberalized whenever a moving vehicle is the object of the
search on the basis of practicality. This is so considering that before a
warrant can be obtained, the place, things and persons to be searched
must be described to the satisfaction of the issuing judge – a
requirement that borders on the impossible in the case of smuggling
effected by the use of a moving vehicle that can transport contraband
from one place to another with impunity.
Valid Warrantless Search and Seizure
(SEARCH OF A MOVING VEHICLE CONTINUATION)
Further, a warrantless search of a moving vehicle is justified on the
ground that it is not practicable to secure a warrant, because the
vehicle can be quickly moved out of the locality or jurisdiction in which
the warrant is sought. The mere mobility of these vehicles, however,
does not give the police officers unlimited discretion to conduct
indiscriminate searches without warrants if made within the interior of
the territory and in the absence of probable cause; still and all, the
important thing is that there is probable cause to conduct the
warrantless search.
Valid Warrantless Search and Seizure
4. CONSENTED WARRANTLESS SEARCH
 It is fundamental that to constitute a waiver, it must first appear that
✔the right exists;
✔the person involved had knowledge, either actual or constructive, of the existence of this
right; and
✔that person had an actual intention to relinquish the right.

5. CUSTOMS SEARCH
⮚ It has been traditionally understood that persons exercising police
authority under the customs law may effect search and seizure without a
search warrant in the enforcement of customs laws.
Valid Warrantless Search and Seizure
6. STOP AND FRISK
⮚A “stop and frisk” situation, also known as the Terry search, refers to a
case in which a police officer approaches a person who is acting
suspiciously for the purpose of investigating possible criminal behavior, in
line with the general interest of effective crime prevention and detection.
⮚The objective of a stop and frisk search is either to determine the identity
of a suspicious individual or to maintain the status quo momentarily while
the police officer seeks to obtain more information.
⮚A basic criterion is that the police officers, with their personal knowledge,
must observe the facts leading to the suspicion of an illicit act. The concept
of “suspiciousness” must be present in the situation in which the police
officers find themselves in.
Valid Warrantless Search and Seizure
7. EXIGENT AND EMERGENCY CIRCUMSTANCES
⮚The doctrine of “exigent circumstance” was applied in People v. De Gracia which
was decided during a time of general chaos and disorder brought about by the
coup d’etat attempts of certain rightist elements.
⮚Appellant was convicted of illegal possession of firearms in furtherance of
rebellion. He was arrested during a warrantless raid conducted by the military
operatives inside the Eurocar building, wherein they were able to find and
confiscate high-powered bombs, firearms, and other ammunition.
⮚According to the military, they were not able to secure a search warrant due to
ongoing disorder, with Camp Aguinaldo being “mopped up” by the rebel forces
and the simultaneous firing within the vicinity of the Eurocar building, aside
from the fact that the courts were consequently closed.
POLICE RAID
USE OF REASONABLE FORCE
USE OF REASONABLE FORCE
OTHER LAW ENFORCEMENT AGENCY
OPERATION
BUREAU OF FIRE PROTECTION (BFP)
BUREAU OF FIRE PROTECTION (BFP)
NATIONAL BUREAU OF INVESTIGATION (NBI)
NATIONAL BUREAU OF INVESTIGATION (NBI)
PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)
PHILIPPINE COAST GUARD (PCG)
CRIME STATISTICS
CRIME STATISTICS
CRIME STATISTICS

INDEX CRIMES
CRIME STATISTICS
CRIME STATISTICS

NON-INDEX CRIMES
CRIME STATISTICS
CRIME STATISTICS
CRIME STATISTICS
CRIME STATISTICS
CRIME STATISTICS
CRIME STATISTICS
CRIME STATISTICS
CRIME STATISTICS
CRIME MAPPING
CRIME MAPPING
What is Crime Mapping?
 Is associated with the simple display and querying of crime data using a
GEOGRAPHIC INFORMATION SYSTEM (GIS)

 Allows practitioners to explore crime patterns, offender mobility and serial


offenses over time and space.

 Within the contest of local policing, crime mapping provides the


visualization of crime clusters by types of crimes, thereby validating the
street knowledge of patrol officers.
CRIME MAPPING
What is Crime Mapping?
 It can be used for allocating resources (patrol, specialized
enforcement) and also to inform how the concerns of local citizens
are being addressed.

 MAPPING is simply a visualization tool that is used to display raw


geographic data output from analysis, which is done through GIS.
CRIME MAPPING
CRIME MAPPING
CRIME MAPPING
CRIME MAPPING
CRIME MAPPING
CRIME MAPPING
GRAPHIC INFORMATION SYSTEM (GIS)

⮚A GIS is a powerful software tool that


allows the user to create anything from a
simple point map to a three- dimensional
visualization of spatial or temporal data.
⮚ It is different from manual pin maps
and computer maps in that allows the
analyst to view data behind the
geographic features, combine various
features, manipulate the data and maps,
and perform statistical functions.
HOT SPOT
CRIME HOT SPOT
HOT SPOT
HOT SPOT
HOT SPOT
HOT SPOT

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