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Cjs First Pillar

This chapter discusses the first pillar of the criminal justice system - police and law enforcement. It outlines the goals of law enforcement as crime prevention, arrest, criminal investigation, order maintenance, public service, and traffic regulation. Key police roles include conducting criminal investigations, making arrests, searches and seizures, and participating in prosecutions. The chapter also discusses important police powers like discretion, elements of search warrants, the investigation process, phases of criminal investigation, methods of arrest, searches incident to arrest, and stop and frisk procedures.

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Sevilla Joenard
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163 views4 pages

Cjs First Pillar

This chapter discusses the first pillar of the criminal justice system - police and law enforcement. It outlines the goals of law enforcement as crime prevention, arrest, criminal investigation, order maintenance, public service, and traffic regulation. Key police roles include conducting criminal investigations, making arrests, searches and seizures, and participating in prosecutions. The chapter also discusses important police powers like discretion, elements of search warrants, the investigation process, phases of criminal investigation, methods of arrest, searches incident to arrest, and stop and frisk procedures.

Uploaded by

Sevilla Joenard
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Chapter 2

The first Pillar POLICE/LAW ENFORCEMENT

Police/Law Enforcer- first line defense against crime

The goals of Law Enforcement

-Crime Prevention

-Arrest/Criminal Apprehension

-Criminal Investigation

-Order Maintenance

-Public Service

-Traffic regulation and motor accident investigation

Police Roles in Criminal Justice System

-to conduct criminal investigation

-to make an arrest

-to conduct search and seizures

-to prepare and file complaint

-to participate in the prosecution of criminal cases

Police Discretion

-most important power of the police

-an authority conferred by law to act in a certain conditon in accordance with an official

Criminal investigation- is an art which deals with the identity and location of the offenders
Search warrant - is an order in writing issued in the name of the people of the Phil. signed by judge and
directed to a peace officer

Elements of search warrant

-Written order

-Signed by the judge in the name of people of the Philippine

-Commanding a peace officer to search personal property

-To seize and bring such personal property to the court

Where to file the application for search warrant

-any court within whose territorial jurisdiction as crime was committed

-for compelling reasons state in the application

Personal property that may be subjected to seizure

-subject of the offense

-stolen

-used/intended to be used

Elements of investigation Process

-Recognition

-Collection

-Preservation

-Evaluation

Phases of Criminal investigation

-Identification of criminal offender


-Tracing,locating and arrest of the offender

-Gathering of evidence to prove his guilt in the criminal proceeding

Two modes of arrest

-By the actual restraint of the person to be arrest

-By the submission to the custody of the person making the arrest

Search as an accident for arrest

-objects subject of the offense

-objects which are the fruits of the crime

-objects which are illegal per se

-those which might be used to commit violence

-dangerous weapons

-evidence of the case

Methods of arrest

-with a warrant by police officer

-without warrant by police officer

-Arrest by Private Person(Citizens Arresat)

Search incident to lawful arrest

-a person lawfully arrested may be searched for dangerous weapons

Plain view doctrine

-authorizes a search and a seizure without warrant


Stop and frisk

-this is limited protective search of the outer clothing of a person to determine the presence of weapons

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