Lea4n Midterm Modules
Lea4n Midterm Modules
In western society, as in all modern societies, the enforcement of the law is vital — without some type of
law enforcement, a society would eventually cease to exist. Generally speaking, the function called law
enforcement is a society's formal attempt to obtain compliance with the established rules, regulations, and
laws of that society. Without law enforcement, society as we know it would probably succumb to social
disorder and chaos.
Western societies, just like the United States, observe representative democracy which places great
emphasis on the protection of individual freedoms and liberties; as such, its institutions must reflect those
principles upon which the country was founded. Because the United States is predominately an open and
free society — in the political sense, with freedom to disagree from region to region, state to state, and city
to city about how to design and direct law enforcement and develop policy — it is common to have
disagreements about how to enforce the law.
Citizens in democratic societies, just like in the Philippines, have often questioned the actions of
government officials. As citizens, they may not always agree with what happens on the street, in police
stations, in courtrooms, in jails, or in prisons, but people possess the freedom to criticize and protest
governmental actions (or inactions) because of the structure of our criminal justice system. That structure
and the Constitution may occasionally appear to be in conflict with one another, but that may also be
evidence that the system works. The debate over civil liberties and national security that has emerged
since the 9/11 terrorist attacks on the United States is another example of our principles at work.
Inevitably, such issues prompt us to ask 2 significant questions:
1. How can the law enforcement community function to preserve the civil liberties and freedoms that are
cherished and protected by the Constitution? and
2. How do we balance our constitutional rights with public safety and national security concerns?
The purpose of this lesson is to help you answer these questions by providing information about the field of
law enforcement, so that you have an understanding and appreciation for both its objectives and activities.
Such a background is necessary for you to develop informed opinions about the field, rather than opinions
based on limited knowledge and experience. Everyone has opinions; some are more informed than others.
Informed persons have a foundation (facts and evidence) for their arguments and reasons for doing things,
making choices, and advocating changes. Society needs informed, knowledgeable citizens that understand
the field of law enforcement and its impact on social behavior.
Law enforcement is one means of formally supervising human behavior to ensure that the laws and
regulations of a society are followed and that there is a certain amount of security and stability in society.
The enforcement of law in all of its forms (statutes, regulations, administrative codes, ordinances, zoning
laws, etc.) is legally authorized by the concept of police powers, which is the government's lawful authority
to enact regulations and laws related to health, safety, welfare, and morals. Police powers are carried out
by the various levels of government, including the establishment and regulation of water and sewer
systems, highway and transportation systems, fire protection, monetary regulatory systems, health and
medical systems, park and recreation areas, general assistance to the economically deprived, and food
processing. In short, police powers provide the authority for law enforcement officials to act.
The process of law enforcement is a formal one sanctioned in the United States by the people (voters)
through their elected governmental bodies. Of the three branches of government, the law enforcement
function is the responsibility of the executive branch. Executive branch officials include the President of the
country, governors at the provincial level, and mayors at the local level. These officials and their
representatives use their governmental authority in the appointment of law enforcement officials and the
establishment of philosophies and general policies under which they will operate. The other branches of
government also affect the ability of law enforcement officials to perform their jobs. The legislative branch
provides the statutory authority under which law enforcement officials operate. This authority includes the
lawful right to use different levels of force to achieve law enforcement goals and objectives, and it is the
authorized use of this force that sets law enforcement officials apart from other occupations. Also, the
legislative branch is formally responsible for defining behavior that is to be considered criminal in a
particular jurisdiction. The judicial branch of government reviews the actions of law enforcement officials
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according to the established rules of constitutional law, civil law, criminal procedure, and evidence. This
review normally occurs during judicial proceedings, such as initial hearings, preliminary hearings,
suppression of evidence hearings, and trials (civil and criminal). The judicial branch, through the review
process, creates rules for how law enforcement may operate in a given context; examples include the rules
of interrogation, arrest, and the use of force.
The concept of law enforcement encompasses all levels (national and local) of the executive branch of
government. It includes agencies that enforce administrative codes and regulations (rules of agencies) and
criminal laws related to the health, public safety, and welfare of the people. A broad spectrum of officials
with titles such as inspector, special agent, auditor, investigator, marshal, constable, or police officer can be
found in law enforcement agencies. These officials may be employees of agencies that inspect the food
supply (Department of Agriculture), investigate the causes of fires (BFP), protect abused and neglected
children (DSWD), investigate criminal complaints (local law enforcement), and/or apprehend offenders (any
agency with arrest authority).
The term policing, on the other hand, refers to a subset of law enforcement that applies to the process of
regulating the general health, safety, welfare, and morals of society as it relates to criminal behavior. The
policing function in western countries (that follow the US model) is primarily observed through the
operations of the criminal justice system in the prevention, detection, investigation, and prosecution of
crime. The personnel affiliated with agencies who are engaged in policing functions can be referred to as
law enforcement personnel; however, in the United States, police officials are a unique group of law
enforcement officials because they are armed and are authorized to use coercive and physical force, under
certain conditions, when carrying out their duties. They are non-military, armed, governmental personnel
who are granted the authority to prevent, detect, investigate, and prosecute criminal behavior and to
apprehend alleged offenders.
The focus of this text is on the policing agencies of the law enforcement community. However, it must be
understood that the entire law enforcement community is quite extensive. The term law enforcement also
is used to describe one of the many functions within policing agencies; in fact, the local policing agency
personnel normally spend less than 20—30% of their time engaged in crime-related law enforcement
functions (Greene and Klockars 1991, 279). Most of their time is spent on prevention, general public
service, and order maintenance functions. Today's professional police officials often do not want to
emphasize their law enforcement functions; they prefer to be thought of for their service, especially the
public safety functions which do not involve enforcement activities.
In the United States, some states add to the confusion of terms by using the phrase "peace officer" to refer
to an entire class of policing officials who generally are authorized by statutory law to make arrests and
serve warrants. A sample of such statutory language for the state of Ohio. Notice that the state has 23
different types of peace officers. (It is also interesting to note that, for definitional purposes in Ohio,
"sheriffs" and state troopers" are not peace officers. However, there are other statutes that describe their
authority as "law enforcement officers.")
As a student of the policing function, you should know that the terminology associated with police officials
and their agency affiliations is important and occasionally confusing. Several terms (police powers, law
enforcement, policing officials, and peace officer) have been used above and may appear to be very
similar. It is essential to know that titles in the law enforcement field are important, and to know the different
titles that distinguish policing officials. It does get confusing, but personnel in the law enforcement field do
make these distinctions for reasons of courtesy, respect, and clarification of responsibilities. An analogy
might be that most of us drive vehicles, but some insist on referring to their vehicles by name — Vios, Civic,
Fortuner, Everest, Range, Hilux and so on; not all vehicles are created equal, and some people want you to
know that! In this same vein, police officials are of different types and serve different jurisdictions, and may
also possess different legal authority under the law. All police officials are law enforcement officers, but not
all law enforcement officers are called "police." It is possible that you may encounter some police officials
who are sensitive about their titles. If you plan to become an employee in the criminal justice field, it is
recommended that you pay attention to titles and job classifications.
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Law enforcement personnel occupy unique positions in western society. They act with the authority of the
state, meaning that they have been entrusted with the lawful right to enforce the law. In the United States,
few people are given the authority (under certain carefully defined conditions) to use coercive force to carry
out that duty. Some of these officials are uniformed (and therefore easily visible), and others are not.
Regardless of the title or whether they wear a uniform or not, police officials in our society serve in a formal
social control capacity.
Social control is the process whereby a society encourages or enforces compliance with social norms,
customs, and laws. There are various viewpoints regarding how limited or extensive this social control
function should be. Let us examine in greater depth some of the aspects of the concept of social control.
Law enforcement is a societal function necessary for internal stability and security. Through the process of
law enforcement, society exercises a form of social control of behavior, deviant or otherwise. Every
society has social control mechanisms because they serve as a means of socialization, or the process of
teaching the culture and norms of the society to its members.
Social control mechanisms are either formal or informal. Formal mechanisms generally refer to the units of
the governing authority of the country; formal social control units in the United States include the executive,
legislative, and judicial components of the governmental structure at all levels of government. Informal
mechanisms include family, peers, religious organizations, significant others, and so on. Figure 1 depicts a
simplified version of selected social control mechanisms.
Social control mechanisms are not as simple to classify as Figure 1 might indicate. For example, where
should education be placed? The educational process can be considered a formal control mechanism
because it is often supported (via taxes) by government institutions. What you learn in school, however, is
not simply the formal curriculum, but many other things as well (such as social skills, teamwork, manners,
customs, etc.). Thus, it would fit equally well as an informal mechanism.
The social control mechanisms of a society do not exist in a vacuum. Social, economic, and political
influences impact social control. These influences cause shifts in attitudes and values over time, in that
they can cause a society to become more conservative or more liberal in its approach to controlling
behavior. Social influences come mainly from the interaction between people and groups and include
forces such as customs, values and religion. Economic influences refer to resources (employment, income,
and inflation) and the distribution of goods and services (transportation systems and businesses). Political
factors include the policy-making process (elections, legislative actions, lobbying) and its related institutions
(Congress, legislatures, and city councils). Figure 2 identifies a number of examples of these influences
upon society.
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As with the placement of formal and informal social control mechanisms, the influencing factors are not
easily categorized into social, economic, or political ones. For example, the factor of "poverty" is listed in all
three categories. Is poverty a social condition? Is it an economic one? What influence do politics and public
policy have on poverty? You could persuasively argue each of these positions, and there is validity to each.
Likewise, "terrorism" is listed under political influences, but doesn't it also influence social and economic
issues?
Social control issues raise several questions for law enforcement. How much of a role should policing have
in the social control function in society? Should there be greater emphasis placed on formal control
mechanisms, that is, the government's influence on controlling behavior? Or should the informal control
mechanism be emphasized for guiding and influencing behavior? Ultimately, the question becomes one of
how much influence the police should have on controlling people's behavior. A person who believes that
the police should not have much of a role in controlling societal behavior would probably believe that there
should be greater emphasis placed on the informal mechanisms (e.g., family, church, peer group), while
one who believes the police should play an active role in controlling social behavior may emphasize
tough policing measures to control behavior and greater use of the courts and formal punishments to
influence behavior.
Let us examine four common perspectives (viewpoints) to social control and their impact on policing in the
United States. These perspectives are important because they reflect the diversity of ideas and beliefs of
how our government agencies should function. They reflect how citizens view crime and influence
government policies related to preventing and controlling criminal behavior.
There are several ways to view the world in which we live. Some people take a narrow viewpoint of certain
issues, while others take a broader approach in perceiving situations. For example, in a verbal description
about the design of a building, the architect may have one mental image or perspective, the builder a
different one, and the prospective resident yet another. The architect may be concerned about how the
building "fits" into the land-scape or with the surrounding buildings. The builder is possibly thinking about
cost and what types of materials are to be used. The resident could be concerned about the location of
internal features, the size of rooms, utilities costs, and how soon it can be built. Each viewpoint is valid in
and of itself, but the focus of the discussion can become very confusing if the three persons do not attempt
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to see the other person's approach to the building. In this example, a comprehensive set of blueprints and
architectural drawings could help each person better perceive the others' concerns. In the following
discussion, various approaches to viewing the field of law enforcement are presented. If a person is an
advocate of one of these approaches and is discussing law enforcement with a person who holds a
different viewpoint, there could be confusion or heated debate. The purpose here is to increase your
understanding of each approach to help you reduce confusion and conflict over issues in policing, as
sometimes situations are improved when one can see the other person's point of view. It must be
remembered that these approaches are not totally independent of one another; occasionally some aspects
overlap with other perspectives. It is also possible that a person can hold one perspective on a particular
issue and a different perspective on another issue.
1. The Legal Perspective
One common approach to policing is that "the law is the law." The legal perspective is an approach that
views behavior from a rule-based philosophy, in that the law is paramount and it is the guide for behavior
that everyone must follow. Strong advocates of crime control and severe punishment for infractions often
adopt this perspective. While there is merit in holding the law in high regard, one must be careful to
evaluate a particular law's purpose and whether it is too restrictive. The legalistic approach is evident when
someone says, "there should be a law against that." The person is implying that making the behavior a
crime will stop people from doing it, or at least allow the authorities to intervene.
In this perspective, police officials are placed in an awkward position, since they have sworn to enforce the
laws of the nation and the state. They know that if they strictly enforce the law, many, many people would
be arrested or given summonses; therefore, these officials must evaluate behavior in terms of "the letter-of-
the-law" and "the spirit-of-the-law." If the letter-of-the-law is adhered to, then any violation of law results in
official intervention by the police. If the spirit-of-the-law is followed, degrees of seriousness and contextual
factors may be considered. Some laws may not be enforced at all, and some people who non-flagrantly
violate the law may be handled informally (e.g., verbal reprimand, warnings) or with no intervention at all.
This evaluative process leads to the use of discretion and selective enforcement. Discretion is the process
of making a choice among appropriate alternative courses of action. Although most state codes do not give
peace officers the lawful right to use discretion, it has been professionally and judicially acknowledged. The
police simply cannot enforce every law that has been enacted; selective enforcement refers to enforcing
those laws deemed appropriate to the situation or related to the priorities of the agency and the community.
The opposite of selective enforcement, full enforcement, is enforcing all laws all the time, which, again, is
not possible. One major drawback of the legal perspective is the belief that simply passing and enforcing
criminal laws can solve most social control problems. A type of full enforcement directed toward certain
problems, such as gang, drug, or traffic offenses, is called zero tolerance. It is exemplified when officers
use every violation for justification to intervene in situations. It often occurs for targeted problem areas
(driving under the influence) or types of offenses within a jurisdiction (gun violence). The empirical
evidence, to date, fails to support this approach except in limited and rare circumstances, such as "hot
spot" enforcement with directed patrols (Mazerolle et al. 2000), and if the efforts are not maintained after
the initial implementation, the targeted problem usually resurfaces shortly after the zero tolerance approach
goes away. Some recent studies related to school discipline and violence indicate ineffective results from
current zero tolerance policies (American Psychological Association Zero Tolerance Task Force 2008;
McNeal and Dunbar 2010).
2. The Public Policy Perspective
Public policy, broadly defined, is made up of the rules and regulations legislative bodies and agencies
choose to establish. For example, if drug or spousal abuse requires regulation, a city council or state
legislature may pass a law or an ordinance regarding domestic violence and drug dealing. Similarly, a bill
might be passed to provide counseling for those charged with spousal abuse or drug use. Both of these
actions are examples of public policy developed to address societal problems (Cochran and Malone 1995).
This approach is similar to the legal approach we just discussed; however, greater emphasis is placed on
the political process and on internal agency operations in the public policy approach.
Policy also is established in administrative organizations such as law enforcement agencies. A
departmental policy regarding citizen complaints might set out the procedure for reviewing a complaint and
detail the possible alternative solutions. Policy can also be made simply by consistently doing something in
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a particular way. For example, some police departments may tend to avoid domestic violence arrests or
ignore concealed weapons found on citizens who have no criminal record. In both cases, a policy has been
constructed and followed, even if it is not written.
Using a public policy approach to study law enforcement is important for a number of reasons. First, as the
field of law enforcement evolves and becomes more proactive in community problems, more policy will be
made at the department level. (A proactive response to problems is one that anticipates potential problems
and tries to prevent the worst consequences from occurring.) Second, legislative enforcement managers
may negative assistance in enacting policy because of current legal restrictions or because they lack the
proper authority. Therefore, it is important to understand the political nature of the policy-making process
and the importance of defending or justifying a policy in an appropriate manner.
Formal policy making at the agency level is a function of the executive team. The chief of police, or the
police department/division head is generally the final authority on policy (although it might be a safety
director or city manager). Policy cannot be made without considering internal procedure and management,
legal and political influences, and community expectations. Internal management issues might include
union reactions, current contract language, and officer morale or resistance. Community expectations might
come from meetings held with civic groups or from public meetings on selected issues (e.g., curfew
enforcement, treatment of juveniles, or rumors of a growing gang influence). Political influences can relate
to local politics and the campaign promises of elected officials who have some influence over the
department's budget. Other forces that impact policy development and evaluation are pending litigation
over the actions taken by officers and severe fiscal problems that may cause layoffs or a cut in agency
services (Gilmour and Halley, 1994).
Establishing policy within an agency is a three-step process. The first step is the identification of the need
for policy. This often becomes apparent when things do not function properly or serious problems have
developed, such as an officer who used deadly force when not authorized to do so. However, identification
of policy needs also occurs during agency evaluations and reviews of existing policies when compared to
model (suggested) policy. The professional literature and associations often publish the experiences of
other agencies in terms of policy.
The second step involves implementation, or putting the policy into action. Obviously, this relates to how
the written word is translated into practice by the persons affected; this means that policy must be properly
interpreted, conveyed, and practiced by the agency s personnel. This often involves meetings and training
sessions to explain the policy, its rationale, and significance. Policy implementation is a complex interaction
of organizational and environmental variables, and frequently policies will fail not because they were bad
policies, but because they were poorly implemented. This is particularly true in the justice system inasmuch
as there are so many different institutions with an interest in policy outcomes (Lemley and Russell 2002).
The third step in establishing policy is evaluation. In the current law enforcement environment, it is critical to
evaluate the effectiveness of all law enforcement policies to ensure that the anticipated improvements have
actually occurred. Policy effectiveness can be evaluated through periodic assessment of officer
performance, critical incidents, threatened litigation, selected agency measures, and current vulnerability.
For example, the policy under Tennessee law prior to 1985 permitted police officers to fire upon fleeing
suspects regardless of the threat the suspect posed to officers or others. In Tennessee v. Garner (471 US
l), the United States Supreme Court struck down the policy, setting a common law "defense of self or
others" when facing an "imminent threat" as the new standard. Subsequent analysis demonstrated that
these changes caused the Memphis Police Department to substantially alter its behavior in regard to
officer-involved shootings (Sparger and Giacopassi, 1992). It should be noted that the evaluation process
also leads to the identification of weaknesses and needs for future policy; therefore, the process becomes
cyclical and permits continuous updating of policy. Each aspect of policymaking —identification,
implementation, and evaluation—must be understood for an agency to function effectively as we enter the
next century (Fischer 1995).
3. The Systems Perspective
Law enforcement can also be viewed from the context of systems theory. This approach views the entire
context (environment) in which an issue exists by analyzing all the forces or influences (or drivers)
impacting on it; in other words, law enforcement or a particular agency is perceived by analyzing all the
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influences upon it from the environment in which it operates. Systems theory is more easily understood if
one understands the concept of subsystems.
As an example, let us consider a person sitting at home in an air-conditioned room. If the focus of
discussion is on the person's body, we could use systems theory to examine the situation. The body itself is
made up of subsystems—the nervous subsystem, the respiratory subsystem, the cardiovascular
subsystem, the skeletal subsystem, and the digestive subsystem, for example. When all of the subsystems
function properly, the body as a whole functions well. But, if something affects one subsystem, it can impact
the others. If some external force frightens the person, say a bolt of lightning striking the tree outside the
room, various subsystems can be affected: fright causes the heart to beat faster, breathing may become
shallow and rapid, digestive juices are released by the nervous system, and the stomach may become
upset, or the sudden jolt and noise may additionally cause the body to jump or swing around quickly,
bumping into a table and breaking a finger bone, causing pain. The subsystems are interconnected, and
their functions impact the others.
In organization theory, the "biological model" is often employed to compare organizational functioning with
that of a biological system, such as the ecosystem or the human body. In this regard, internal and external
influences are all considered, producing a much more robust and complete view of organizational
functioning in the real world.
In this example, the systems theory approach would describe the person's body and the immediate
surroundings of the room and house as the "environment." This approach attempts to consider the forces
or influences of the environment and their impact upon the entity or issue being considered. Taking a
systems perspective to the earlier discussion of social control and its influences would mean viewing each
factor as having a possible impact on the others as well as an impact on social control. In other words, the
various types of social control and the different types of social, economic, and political influences that
impact it are interrelated.
The best symbol to illustrate the systems approach is that of the atom. The nucleus becomes the issue
being considered (e.g., the concept of social control or the police agency as an organization), and the
orbiting electrons and their paths become the factors that influence the issue being discussed. Figure 3 is a
systems approach illustration of the concept of social control with its various influence subsystems, and
Figure 4 is a systems representation of a law enforcement agency with its various subsystems in today's
society. All of the subsystems interrelate and influence each other. When applying this model to policing, try
to think of the illustrations as three-dimensional.
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Viewing law enforcement from a systems perspective is important because it ensures that we consider the
impact and influence of other environmental forces in our society. It assists in understanding the impact and
possible implications of decisions and to anticipate their impact on other subsystems. We say that, in a
systems approach, everything affects everything else. It is a view that makes one consider issues that
otherwise might be overlooked.
In short, the systems approach assists in analyzing issues from a broader perspective, one in which the
agency is just one entity (subsystem) among many in the total environment. In this example, the total
environment includes several city officials such as the mayor, law director or prosecutor, council members,
the fire department, ambulance/medical services, and the city services director.
4. The Global Perspective (or Extended Systems Approach)
The global perspective is an extension of the systems approach. In addition to recognizing the immediate
environmental influences, it gives significant recognition to world events and the international influences
upon the agency. The instability of a government can cause problems for other countries. Many great
societies and nations have risen and fallen during the last 3000 years.
The global approach is very similar to the systems perspective in that it views the situation in terms of
outside forces and environmental impact. The major difference between the two is that the global approach
places primary focus on the international influences on the field of policing. The federal law enforcement
community, without doubt, is more involved and concerned with the global approach than are local police,
but this approach is important to all US law enforcement officials because they must be alert for possible
trouble in the United States because of situations in foreign countries. Terrorist activities are no longer
confined to other countries, as witnessed by the 9/11 attacks in the United States. Immediately following
the attacks, many US agencies assigned additional personnel to protect Muslim neighborhoods,
businesses, and mosques. Other examples of international incidents include the bombing of Pan Am flight
103, returning to the United States from Europe in 1988, killing 270, and the 1993 bombing of the World
Trade Center in New York City that killed six and injured more than 1,000.
On March 29, 2010, two female suicide bombers killed 38 passengers in two attacks, timed 30 minutes
apart, on the Moscow subway system; US transit systems were put on high alert and passengers on New
York City and Washington, DC subway systems were subject to random inspections (CBS/AP 2010). Alerts
also were triggered by an attack on a train in Spain in 2004 that killed 191 people, and by four attacks on
the London subway system in July 2005 that killed 52.
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These kinds of events have increased the cautionary measures law enforcement must take to protect
national security and local public safety. For example, since 9/11, the Transportation Security Agency has
replaced private screeners at airports, the Department of Homeland Security was created, and the number
of FBI/state/local joint terrorism task forces has risen from 34 to 106 (US Department of Justice 2010).
The global approach to social control realizes that law enforcement is a global challenge and is impacted
by global events. While most law enforcement personnel in the United States are probably not affected
greatly by global events, more have been affected in the last decade than in previous decades. The
professional law enforcement officer understands the importance of world events and their possible impact
on policing domestically.
The global approach to social control realizes that law enforcement is a global challenge and is impacted
by global events. While most law enforcement personnel in the United States are probably not affected
greatly by global events, more have been affected in the last decade than in previous decades. The
professional law enforcement officer understands the importance of world events and their possible impact
on policing domestically.
THE PERSPECTIVE OF THIS LESSON
The field of law enforcement is one component of the process of social control. The focus of this text is on
crime-related law enforcement services provided by those agencies commonly referred to as the police.
The approach taken in our presentation is primarily the systems approach, which encompasses all the
forces or influences in society that impact policing. Among those influences are issues related to politics,
public policy, social trends, international events, and national issues. The text describes the background of
the field of policing: where it has been, where it is now, and where future challenges remain. Basic
elements of management and organizational principles are also included.
The chapters that follow should be viewed from a systems perspective. For example, the history of policing
influences present-day mindsets; it has an effect on public policy, and it helps shape our culture. Law
enforcement was first formed during the emergence of political influence in the administration of
governmental affairs. Police from the 1830s to the early 1900s were brutal, untrained, and politically
controlled. In reaction to that, policing organizations became more professional and more separated from
communities, and this produced its own set of problems in the 1960s. The result was the reform movement
now known as the "community era," which involved community policing, problem-oriented policing, and
similar themes. These changes influenced the design of organizations and their relationship with the
surrounding environment. Those structures and external political forces influence the selection and training
of law enforcement personnel and help to further influence the internal cultures of organizations. History,
culture, and politics influence our legal mechanisms that place limitations on the policing community. All of
the social, economic, and political forces within our complex society affect the type of policing services
delivered to the public, and these forces shape the future challenges and influence the professionalism of
law enforcement personnel. Everything affects everything else; nothing is simple in today's society. This
may sound either too simplistic or horribly complex. Organizations are not isolated from financial crises
(e.g., loss of a major employer in the community), political events (e.g., a police shooting and subsequent
calls for reform), or social change (e.g., patterns of migration and immigration). The list of potential sources
of influence is endless, requiring the United States to have a global and systemic perspective.
Module 1 Summary
This module enhanced more your knowledge about law enforcement. It described law enforcement as one
of the formal processes of social control, which means that it is one of society s attempts to obtain
compliance with the law. The common term "policing" is defined as one form of law enforcement that
emphasizes the prevention, detection, investigation, and prosecution of crime, as well as providing
numerous other services to society. Policing officials are distinguished from other law enforcement officials
by the fact that they are non-military government personnel who are armed and may use coercive and
physical force under certain conditions. Since policing is a form of social control, the differences between
formal (government sponsored) and informal control mechanisms have been presented here as well. Of
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particular concern are the many influences upon social control, which have been presented as social,
economic, and political factors. These factors influence the police function in every community within the
country.
In this module, the various perspectives to law enforcement in a social control context are described
extensively. The 4 approaches – legal, public policy, systems, and global – have each been presented and
applied to the field of law enforcement. The legal approach emphasizes the enforcement of the law;
however, since full enforcement is not possible, discretion and selected enforcement becomes prevalent.
The public policy approach emphasizes the process of developing and implementing policy, which can
have consequent effects on the delivery of police services to the community. The systems approach
recognizes the importance of all the environmental influences in society, including international influences.
The global approach is an extension of the systems perspective; however, it places greater emphasis and
priority on international events and influence. Although global issues are very important, they do not yet
dominate the daily operation of the all law enforcement agencies.
The recognition and identification of the multiple influences upon social control is vital to providing effective
policing to a complex, democratic society. While there is some overlap among the four approaches to
policing, the differences are significant. The legal approach recognizes the formal and informal influence of
law and sanctions on members of society. The public policy approach emphasizes the systematic approach
to policing (among other things) through the governmental policy-making process. The systems approach
attempts to understand how the environmental forces of politics, law, community, and economics effect
policing. The global perspective emphasizes the larger impact of world events on the law enforcement
function. While each approach has merit, the focus of this text is primarily from a systems approach, which,
in essence, recognizes the impact and contribution of all the other approaches as they relate to one
another.
MAY 15, 2021
(The following outline is focused on the historical developments of patrolling as a primary police function.)
The origin of policing goes with the history of patrolling. As Payton stated, “the development of police patrol
is closely associated with the increase of human population and the need for protection and society.”
POLICE IN THE ANCIENT TIMES
BABYLONIAN PERIOD (2000 BC) – A clay tablet used by the ancient Babylonian contains a report
from a Babylonian officer to his superiors notifying them that he proceeded to the man’s house as
ordered, arrested him, taken his fingerprints and then taken control of his property.
INDUS VALLEY (2000 BC) – discovery of “watch-houses” which were used by the policemen whose
duty was to patrol the streets and maintain order
OLD TESTAMENT (Song of Solomon, Isaiah and Jeremiah) and NEW TESTAMENT (Matthew and
John) reference to “watchmen” whose duty is to protect the city and arrest offenders.
ANCIENT EGYPTIANS – Hieroglyphics indicated that they had police officers. They had special flag
with its distinctive emblem, a gazelle with a large ostrich feather attached to its neck.
FRANKPLEDGE – Facilitated mutual protection, a community was divided into TITHINGS or group
of 10 men, each member of which is responsible for the conduct of the other members of his group and
for assurance that a member charged with the breach of the law would be produced at court. This
system has in some ways prevailed in the British military. If one man makes a mistake, the whole group
to which he belongs is punished.
ROMAN TIMES
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Preatorian Guard- composed of Roman soldiers or centurions carefully selected by the commander of
the city under the authority of Emperor Ceasar. The Romans achieved a high level of law enforcement,
which remained in effect until the decline of the empire and the onset of the Middle Ages.
AUGUSTUS – just before the time of Christ, formed the “VIGILES” of Rome, a group of over 2,000
men, armed with staves and short sword, whose duty was to keep the peace and fight fires.
ENGLAND
Each petty kingdom is divided into shires or countries. Each shire was the responsibility of a “Reeve”,
latter called the Sheriff, who in turn was responsible to the King for law and order in his respective
district. Each Shire is broken down into Hundreds (100 households) headed by a Hundredman, later
known as High Constable. Each hundred was further broken down into Tythings (10 families) headed
by a Tythingman or Chief Tythingman who was elected by the group, later on replaced by
the Constable in the 12th He served as constable and judge.
Another form of police protection used at the end of this era was for each able bodied man to serve so
much time patrolling the town at night as a “Watchman.” Later, it was required that they call out the
time and weather on the hour.
The HUE AND CRY – It was an ancient Saxon practice that the invaders brought over to England.
The horn, the oldest known warning device in history, was sounded when a person committed a crime,
or a felon escaped, and it was detected. When they hear this, they raised a cry, sounded their horns,
and by law had to set aside their work and join their pursuit. If they failed to join, they were considered
to have taken the part of the escaping person and would be arrested. The law stated that the pursuit of
the fugitive must continue until he was caught or reached the sea.
KEEPERS OF THE PEACE – At the end of the 12th Century (1195), King Richard issued a
proclamation entitled “Keepers of the Peace”, requiring the appointment of knights to keep the King’s
Peace. Some believe that the present “shield” type badge used by some police departments had its
origin with the shields the knights used. They keep guard at bridges and gates and checking on people
leaving and entering the town.
STATUTE OF WINCHESTER (Watch and Ward Act) – Near the end of the 13th Century (1285), the
Statute of Winchester enacted the system of Watch and Ward Act. A watch was stationed between
sunset and sunrise at each gate of a walled town. It revived the Hue and Cry. Some watches are
grouped together for protection and patrolled the town in “Marching Watches”.
The CHARLIES – Near the middle of the 17th Century (1663), King Charles passed an act which
provided in London one thousand Night Watchmen or bellmen to be on duty from sunset to sunrise and
they were called Charlies, also referred to by the local citizens as “Shiver and Shake” watch because
they were often old and frail and would run off if they saw any trouble, or heard a cry for help. They
carried long staves and dimly lit lanterns, and they called out the hour and weather conditions. Some
were not honest and sometimes work for criminals as lookouts. Because of this ineffectiveness,
merchants hired their own watchman who was known as the “Merchant Police.”
BOW STREET RUNNERS – In 1748, Henry Fielding became the Chief Magistrate at the Bow Street
in Middlesex, London. He organized a group of men known as the Bow Street Runners whose task was
to run errands for the Bow Street Court. He later formed the Bow Street Horse Patrol whose duty was
to patrol the main roads, thus, securing the travelers from highwaymen or highway bandits. According
to some books, the Bow Street Runners was the first to organized foot patrol and the Bow Street Horse
Patrol was the first mounted police on patrol.
The METROPOLITAN POLICE – In 1829, Sir Robert Peel introduced the Metropolitan Police Act and
was passed by the English parliament of England in the same year. This law led to the creation of
the Metropolitan Police Force of London, This police force was later called Scotland Yard. Being the
sponsor of the law, Peel became the first head of the police organization thus earning the title of “The
Father of Modern Policing System.”
The “New Police” by Peel were not received at first. Oftentimes, they were referred to as “Peel’s
Bloody Gang,” “Blue Devils,” and “Dirty Papist.”
FRANCE
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16th Century – Paris had two patrols: The Citizen Night Guard; (similar to England Watchman) and
the Royal Guard which was probably for the King’s protection. At this time, Saint-Louis gave the
Guard a motto that is even today seen in the French police emblem, “Vigilant ut Quiescant” (He
watches that they may sleep).
End of 18th Century (1791) – The position of “Officers de Paix” was formed (origin of the word “Peace
Officer”).
First Police Organization (headed by Loius-Marie Debelleme)- In truth, the French were the first to
establish a group of uniformed police officers tasked to patrol the city of Paris. This police force was
called “Sergent de Ville” (servant of the city) which was organized six months earlier before the
creation of Metropolitan Police Force of London.
UNITED STATES
In COLONIAL TIMES – As a former colony of England, USA borrowed most of the system of its country
of origin. Two main trends in law enforcement were:
o Life was more urban oriented, and the Watch or Constable system seemed to be best suited. (US
northern region)
o Development was more rural because of agriculture, hence, the sheriff system became the trend.
(US southern region)
INTERMEDIATE PERIOD
The following were key events concerning police and patrol before the modernization of the United States
of America.
Pendleton Act of 1833 – Established the Civil Service for Federal employees.
Modern Period – This period began in the 1920’s with the use of automobile patrol and voice radio
communication.
World War II – During the war, the following were some of the events highlighting policing in America:
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The foundations of modern policing is often based on the policing principles introduced by Sir Robert
Peels. Click on the link below to access a website regarding this matter and review the so-called
foundations of modern policing.a list of policing principles that remain as crucial and urgent today as
In 1829, Sir Robert Peel established the London Metropolitan Police Force. He became known as the
“Father of Modern Policing,” and his commissioners established a list of policing principles that remain as
crucial and urgent today as they were two centuries ago. They contain three core ideas and nine principles.
9 Policing Principles
1. To prevent crime and disorder, as an alternative to their repression by military force and severity of legal
punishment.
2. To recognize always that the power of the police to fulfill their functions and duties is dependent on
public approval of their existence, actions and behavior, and on their ability to secure and maintain
public respect.
3. To recognize always that to secure and maintain the respect and approval of the public means also
the securing of the willing cooperation of the public in the task of securing observance of laws.
4. To recognize always that the extent to which the cooperation of the public can be secured
diminishes proportionately the necessity of the use of physical force and compulsion for achieving
police objectives.
5. To seek and preserve public favor, not by pandering to public opinion, but by constantly
demonstrating absolute impartial service to law, in complete independence of policy, and without
regard to the justice or injustice of the substance of individual laws, by ready offering of individual
service and friendship to all members of the public without regard to their wealth or social standing,
by ready exercise of courtesy and friendly good humor, and by ready offering of individual sacrifice
in protecting and preserving life.
6. To use physical force only when the exercise of persuasion, advice and warning is found to be
insufficient to obtain public cooperation to an extent necessary to secure observance of law or to
restore order, and to use only the minimum degree of physical force which is necessary on any
particular occasion for achieving a police objective.
7. To maintain at all times a relationship with the public that gives reality to the historic tradition that
the police are the public and that the public are the police, the police being only members of the
public who are paid to give full-time attention to duties which are incumbent on every citizen in the
interests of community welfare and existence.
8. To recognize always the need for strict adherence to police-executive functions, and to refrain from
even seeming to usurp the powers of the judiciary of avenging individuals or the State, and of
authoritatively judging guilt and punishing the guilty.
9. To recognize always that the test of police efficiency is the absence of crime and disorder, and not
the visible evidence of police action in dealing with them.
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3 CORE IDEAS
The goal is preventing crime, not catching criminals. If the police stop crime before it happens, we don’t
have to punish citizens or suppress their rights. An effective police department doesn’t have high arrest
stats; its community has low crime rates.
The key to preventing crime is earning public support. Every community member must share the
responsibility of preventing crime, as if they were all volunteer members of the force. They will only accept
this responsibility if the community supports and trusts the police.
The police earn public support by respecting community principles. Winning public approval requires hard
work to build reputation: enforcing the laws impartially, hiring officers who represent and understand the
community, and using force only as a last resort.
This section presents an overview of police operations starting with the context in which police services are
provided. The society served, the laws it has enacted, the individuals entering law enforcement and the
police organization itself have undergone great changes in the past decades – todays law enforcement
uses mission statements, value statements, goals, objectives, policies, procedures and regulations to
provided a basic structure within which officers normally function. Because law enforcement deals with
such diverse problems, officers also must expect to use discretion while safeguarding the citizens’ rights.
Police operations deal with what officers do in the field as they “serve and protect”. To fulfill their
responsibilities, law enforcement officers have been great power, power entrusted to them by the people
they serve and defined by national and local laws.
Law enforcement demands that its officers be multifaceted and well rounded. Officers must understand the
complex communication process and the barriers that often exist within that process and within our diverse
society. Officers must be skilled in making filed inquiries, interviewing and interrogating, and they must
know how to do so while protecting the constitutional, civil and statutory rights of criminal victims, suspects
and witnesses. Further, officers must record the information they have obtained in effective, reader-friendly
reports, and they must know how to use the various records available. Finally, officers need several
profession-specific skills. They must understand and become skilled at conducting stops and frisks, making
arrests, conducting searches and participating in undercover operations, all without violating anyone’s
rights.
THE CONTEXT OF POLICE OPERATIONS
Police operations refers to activities conducted in the filed by law enforcement officers as they serve and
protect the community, including patrol, traffic, investigation and general calls for service.
“Today, law enforcement serves a more informed, diverse and sophisticated society than at any time in
history. Emerging ne roles and missions have necessitated an unprecedented degree of adaptability from
police organizations. The lexicon of contemporary policing has come to include terms like change
management, community engagement, value centered leadership, information management, cultural
awareness, problem-oriented policing, conflict resolution and homeland security.” (Wuestwald and Wilds,
2002).
Before looking at specific police operations and the skills required to perform them effectively and
efficiently, it is important to understand the context in which these operations occur. Although the very basic
police operations have changed little over the last hundred years, the public served and the laws enacted
by the government, the officers providing the services, the police bureaucracy itself and the community’s
involvement have changed and will continue to change.
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COMMUNICATION AS THE FOUNDATION OF POLICE OPERATIONS
Communication is all around us. We are continually bombarded by spoken and written messages, yet most
people give little thought to its importance, nor are they trained in communicating effectively.
Communication at any level is an inexact art. But misunderstood communication can have grave
consequences in police work. Communication skills are critical to every aspect of effective police
operations.
In contrast, ineffective communication can result in confusion, false expectations, wrong conclusions,
negative stereotypes, frustration, anger, hostility, aggression, and even physical confrontations.
Police officers routinely communicate in every facet of their jobs, not only when they interview and
interrogate individuals, but also during their interactions with the public, with coworkers in their
departments, and with professionals in other fields. Officers also may testify in court and fulfill public
speaking assignments, especially those for school-age children and youths.
Effective communication can be a powerful public relations tool and a means to implement community
policing. A positive, service-type attitude begins with communication skills. Officers who use harsh,
commanding words put people on the defensive. Many people, if pushed, will push back. Recognizing this
tendency. officers must resist the temptation to engage in verbal confrontations and, instead, remain calm,
using logic and reason in speaking with others. For example, compare the command "Come here!" with the
request "Excuse me, but I would like to talk with you for a minute."
Lines of communication within an agency
Communication within an agency may flow in different directions. It may flow vertically downward from the
chief or upward from line officers. It may also flow outward or horizontally among those on the same "level"
within the organization. Take note that internal communication may be vertical (downward or upward) or
horizontal (lateral).
In addition to the more formal lines of internal communication, informal channels also exist, called
the grapevine or the rumor mill. This powerful line of communication can help or hurt an agency. The
grapevine can be used positively to disseminate information quickly and as a barometer of what the
workforce is thinking. However, negative information, allowed to grow unchecked, can undermine an
agency's mission. Departments typically devise policies, under the area of police officer conduct, that cover
the rumor mill phenomenon, yet there may be times when such rumors are allowed to persist and go
unaddressed. Some of this "allowance" is attributed to the police culture because bringing an issue such as
rumors to the administration may be viewed as complaining, which is not respected among law
enforcement officers.
Communication between officers in the field, officers and headquarters, and national/local data sources as
well as information sharing among agencies has been enhanced greatly digital technology.
Lines of communication with stakeholders (outside the police organization)
Web sites and social media are becoming increasingly valuable resources for law enforcement in their
efforts to gather information and enhance communication with the public. "As technology changes, the
public expects us to communicate with them in new ways. We now have the ability to instantly send out
notifications when emergencies or other situations arise that the public should be aware Of, so we are
expected to do so, using the most effective technology available to us" (Parker,2012). In addition to sending
texts and e-mails to citizens who register their contact information with the police, many police agencies are
tapping into popular social media such as Twitter, Facebook, MySpace, and YouTube to disseminate public
safety information to the broader community. One survey revealed that more than 80% of responding
agencies use social media to provide information to the public, and 70% use social media to receive
information, including crime tips, from the public.
Online Citizen Reporting
Increasing numbers of departments are allowing citizens to file online police reports for nonviolent offenses,
such as lost property, vandalism and graffiti, vehicle tampering. and harassing phone calls. In accessing
the local department's Web site and the page with the crime report form, citizens are able to complete an
online report with such required fields as name, address, type of incident, and loss experienced. Before the
citizen can submit the report, however, a warning appears that states the penalties for filing a false report.
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Online reporting of minor crimes presents several benefits to both law enforcement and citizen-victims. In
2012, Jonathan Lewin, the managing deputy director for the Chicago Police Department’s Office of
Emergency Management and Communication, explained: “We recently launched a Web-based case
reporting program. We started with just two types of crime — lost property and thefts under $500. This
program is for crimes in which the victim is safe, there's no crime scene to protect, and the presence of a
uniformed officer won't improve our chances of finding the perpetrator. Taking victims' reports online
instead of in-person will reduce the number of sworn officers we take away from their street assignments.
Taking a report in person can take an hour of their time on average. An advantage of online reporting for
the crime victims is that they can file the report when it's convenient for them. (“Websites and Social
Media”, 2012)
CONCERNS ABOUT TECHNOLOGY IN POLICE COMMUNICATION
Despite the myriad advantages and benefits technology brings to police operations, there remain several
critical concerns.
Special problems encountered with communications technology include keeping police communications
secure, interference on the line and dropped calls, lack of interoperability, and lack of a common language.
Communication Security: Many citizens have police scanners that allow them access to dispatcher-to-
officer and officer-to-officer communications. Some criminals also use scanners, so security precautions
must be taken. Listening in on cell phone transmissions is prohibited under the Electronic Communications
Privacy Act of 1986, but enforcing the law is impractical. Therefore, conversations are not safe on mobile
phones. As with cell phone conversations, wireless data transmissions are susceptible to interception.
Although digital technology adds a level of security greater than the analog transmissions made over police
radio frequencies, it is not totally secure. Consequently, data encryption, which "scrambles" transmitted
data, is considered the best way to keep outsiders from accessing inside information. As this technology
becomes more accessible and affordable, more departments across the country will move toward digital
radio with encryption capabilities.
Also, as increasing numbers of agencies go online, using the Internet to access and share data, keeping
information secure in this medium has also become a challenge.
Interference on the Line and Dropped Calls: As more people use wireless channels to communicate, the
interference encountered has also increased. Interference occurs when radio channels assigned to public
safety are intermingled among and adjacent to commercial channels such as cell phones.
Another problem occurs when technology to enhance communication experiences a glitch or "goes down."
Earlier, communication systems were relatively uncomplicated, consisting of a microphone and a speaker,
with users simply talking over them. Today's communication systems have controllers, microprocessors,
and software, all of which can experience problems.
In July 2004, the FCC unanimously approved the Consensus Plan to eliminate 800-megahertz interference
by realigning the current licensing of 800-megahertz systems into two distinct blocks: one for public safety
and private wireless systems and one for wireless carriers such as cellular service providers.
Wireless coverage gaps (that is, dropped calls) and interruptions are other problems officers may
encounter. As investigators and officers travel, they may pass in and out of wireless coverage areas; such
dead zones may cause officers to lose their connections and can lead to a loss of unsaved work in
progress. Unexpected automatic software updates sent directly to devices can also interrupt an officer's
work and lead to time and data loss.
Lack of interoperability: Public safety wireless interoperability refers to the ability of public safety officials to
communicate with each other seamlessly in real time over their wireless communications network.
As the law enforcement community is well aware, officers cannot perform their mission-critical duties when
they lack interoperability. Police frequently are unable to share critical voice or data information by radio
with each other, with surrounding jurisdictions, or with other public safety agencies. Whether in day-to-day
operations or emergency response to large-scale incidents such as acts of terrorism and natural disasters,
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reliable mission-critical operable and interoperable communications are essential to protect the lives of
officers and the public they serve. In short, interoperability can improve public safety by making it easier for
first responders to do their jobs.
Interoperability is a priority for law enforcement and is critical in large scale emergencies. However, much
of the time law enforcement officers spend communicating is with individuals one-on-one, not only in trying
to determine what problems exist in a community, but in investigating and solving crimes. Before looking at
specific ways in which officers communicate with citizens and suspects, consider some of the problem
officers might have in communicating with and understanding certain individuals.
The plethora of devices and media being used by various agencies through-out the country has created an
environment in which the need for comprehensive communications interoperability has never been greater:
"Creating an interoperable public safety network is a financial investment that, cities will find, pays big
dividends" (Galvin, 2009). However, no amount of improved interoperability can overcome communication
barriers that arise when officers are not speaking the same operational lingo (language): "Communications
between and among law enforcement officers and agencies have improved significantly in the past few
years, and police first responders and administrators alike have acquired and embraced numerous
technological innovations. Unfortunately, however, these officers are not always speaking the same
language; thus, the largest obstacle remaining in the way of interoperability is in the human ability to
communicate effectively." (O'Toole & Reyes, 2008).
Lack of a Common Language among Public Safety Agencies and Agents:
Consider the following scenario:
You're a police officer. and a call of “10-24" crackles over your radio. It’s another officer, from the next town
over, and according to the coding language you use, he's just called for emergency backup. Unfortunately,
in his own language, he just said he was stopping for a burger. The situation might sound absurd, but such
mix-ups have been a very real part of emergency service radio communications for years.
Although there is no national uniform standard in 10-codes, typically neighboring agencies do have a
standard. Nonetheless, interoperability coordinators across the country can often provide examples of
where the 10-code for taking a break was right next to another locality where the same code meant armed
robbery or some other equally serious call. In any case, when considering an interagency incident, officers
should be trained and have common knowledge to use plain language over radio traffic instead of 10-
codes.
In the US, the NIMS (National Incident Management System), issued a directive sometime in 2009, stating
the use of plain language in emergency response is a matter of public safety, especially the safety of first
responders and those affected by the incident. It is critical that all local responders, as well as those coming
into the impacted area from Other jurisdictions and Other states as well as the federal government. know
and utilize commonly established operational structures, terminology, policies and procedures.
Plain language can be defined as communication that can be understood by the intended audience and
meets the purpose of the communicator. Plain language is designed to eliminate or limit the use of codes
and acronyms, as appropriate. during incident response involving more than a single agency. Alternate
terms used to describe noncoded language are common language, plain talk and plain English (in countries
extensively using English).
It is, however, critical to recognize the difference between interagency communication challenges, where
the possibility of misunderstanding is high, and routine communication practices in the field among officers
in the same department. In the latter case, 10-codes are still extremely common and have high pertinence
to officer safety. As any first-line officer will attest, having codes when dealing with active incidents gives
the officers a safety advantage. Consider the example of one officer telling his partner to "go 10-15" with a
suspect. The suspect may not have any idea that the 10-code means "arrest him or her," which gives the
arresting officer an edge for safety and leaves
less time for suspects to think about what they might do if they had had that knowledge before being in
handcuffs. Officers are well advised, however, that many 10-codes are available online to the general
public.
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Before looking at specific ways in which officers communicate with victims, witnesses, and suspects,
consider some of the challenges officers might have in communicating with and understanding certain
populations within the community.
CHALLENGES IN COMMUNICATING WITH INCREASINGLY DIVERSE PUBLIC
Officers might have difficulty understanding the elderly, individuals who speak little or no English or who
have different cultural backgrounds, and those with disabilities or diseases that may impair their ability to
communicate.
Communicating with the Elderly and other special persons
Serving and protecting the aging population is a special challenge for law enforcement. Problems in
communicating with the elderly can arise from the age differences between, and corresponding
generational concerns of, senior citizens and law enforcement officers. However, perhaps the greatest
challenge will be for officers to recognize when they are interacting with an elderly person who has
Alzheimer's disease who is either lost, shoplifting, or driving erratically. Such persons may forget where
they live, where they left their cars, or even their names. Some people with Alzheimer's
disease or a similar condition wander from the safety of their homes every year and are unable to find their
way back. In addition to missing-person calls, other incidents that may bring Alzheimer's patients or those
with general dementia into contact with the police include driving and traffic difficulties (getting lost, running
out of gas, causing crashes), false reports to 911 and other police hotlines, indecent exposure, shoplifting.
cooking accidents, trespassing, overdoses, choking, homicide, suicide, abuse or neglect, and other types of
victimization.
An individual with Alzheimer's disease may have slurred, incoherent speech resembling intoxication.
People with epilepsy also may present communication problems. Epilepsy is a disorder of the central
nervous system in which a person tends to have recurrent seizures. It may alter behavior, movement,
perception, and sensation. Some seizures impair consciousness and may last from a few seconds to
several minutes.
An epileptic seizure can look like intoxication or the influence of street drugs, as all may involve impaired
consciousness, incoherent speech, glassy-eyed staring, and aimless wandering.
The person may be confused or need to rest after a seizure. A person having a seizure will generally regain
his or her faculties within several minutes, whereas a drunk or high person will not.
Communicating with Immigrants
Law enforcement officers face daily situations where they must communicate with individuals who have
limited Tagalog and/or English speaking skills, often a dangerous situation for all involved.
Miscommunication between an officer and a victim or suspect can spark further conflict, delay needed help
and escalate already tense situations.
Language and cultural barriers can also severely hinder an investigation. It can be extremely difficult to
conduct an effective interrogation if an officer does not speak the suspect's language, even if the
communication is translated through an interpreter, because most translators typically have no law
enforcement background. Many of the tactics and nonverbal communication involved in interrogation can
be lost in this translation, which is frustrating to the investigator, the victim, and sometimes the suspect.
One way to enhance communication with non-Tagalog-speaking people is to recruit multi-lingual officers.
Another approach is for Tagalog-speaking officers to learn the language most commonly used by the
immigrant population in their jurisdictions. Traditional language classes are not necessarily effective
because they include writing and "polite" conversation, not what police officers need. They need to master
a small number of phrases with specific applications to street situations to maintain control until someone
fluent in the target language arrives.
Communicating with Those from a Different Culture
Even when language is not a barrier, communication problems may result from customs and cultural
differences in gestures, body language, body space expectations, and the like. For example, the custom of
coin rubbing to cure children of diseases leaves marks on the skin that maybe misinterpreted by teachers
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or police officers as signs Of child abuse. It is also reported that officer gender can come into play, with
some individuals from certain tribes or religious sects refusing to listen to female officers.
Another example: Unlike most westernized people who know they should remain seated in their car if
stopped by police, a driver raised from an indigenous culture get out of the car to show respect and may
ignore a request to step back because it makes no sense to him. There are many indigenous tribes that
somehow consider direct eye contact as sign of rudeness or defiance. These cultural differences could
easily cause communication problems and conflict between an officer and an immigrant citizen.
Communicating with individuals who are mentally ill
In most first world countries, mentally ill individuals were locked away from society in insane asylums.
Long-term institutionalization or hospitalization was the norm. Likewise, mentally retarded individuals were
placed into special schools, usually hidden away from society. In the mid-1960s in the US, however, a
massive deinstitutionalization movement occurred, placing mentally disabled individuals into the community
but without the support they formerly had. The continuing trend of deinstitutionalization has directly affected
police, requiring them to acquire a new set of communication skills.
Although many proclaim the inappropriateness of using the criminal justice system to handle situations
involving mentally disordered individuals, law enforcement officers need to know about mental illness
nonetheless because of the high likelihood they will encounter people suffering from it as they work their
beats. These contacts can be dangerous to the officer as well as to anyone
involved in the contact, and training in crisis intervention and de-escalation techniques is essential to
improve the chances that officer communication with mentally ill subjects will have a positive outcome.
Even with training, these contacts can be virtual minefields regarding unpredictable subject behavior.
Only a few years ago, it was considered acceptable for a solo officer to attempt such contact and
communication. Today, however, the recommended way to approach a scenario involving a mentally ill
individual is to have two officers on scene, one to make the contact and the Other one to provide cover for
that officer.
Communicating with individuals who are mentally retarded or autistic
To avoid potential administrative and legal suits, officers need to be able to communicate effectively with
those who are developmentally disabled.
Interacting with individuals who are mentally retarded: Recognizing mental retardation is the first step in
dealing with it effectively. Often those who are retarded are adept at camouflaging their disability. When
interacting with mentally retarded individuals. officers should try to find a quiet private setting, be patient,
and speak slowly, using simple language and, if possible, visual aids, pictures, or diagrams. Officers should
be aware that people who are mentally retarded Often try to please others and may, therefore, make
untruthful statements thinking it is what the officer, or someone else, wants to hear.
Interacting with individuals who are autistic: Autism is a developmental disability that typically becomes
apparent before a child reaches age 3. Some indicators that an individual may be autistic include the
individual avoiding eye contact, lack of verbal response (many autistic people do not speak), speaking in
monotone, repeating exactly what an officer says, engaging in repetitive physical actions, not responding to
verbal commands or sounds, not understanding body language or recognizing a police uniform, dressing
inappropriately for the weather. and not asking for help.
When responding to situations involving autistic individuals, officers should approach the person in a quiet,
nonthreatening manner and talk in a moderate, calm voice. Instructions should be simple and direct, such
as "stand up" or "go to the car now." Officers should understand that touching the autistic person or using a
loud voice may startle the person and cause a protective "fight or flight response."
If a crime has been committed and an officer must take an autistic individual into custody, the suspect
should be segregated until a mental health professional can evaluate him or her. Also, use caution when
considering an autistic suspect's statements because they may confess to crimes they did not commit
because Of their desire to please and willingness to accept an authority figure's version of events.
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Officers, particularly those without specialized training, often have difficulty recognizing when a subject has
autism or another condition that warrants a shift in the "typical" police response. For this reason, some
communities are trying an innovative approach in which such subjects, their parents, or their legal
custodians voluntarily provide relevant medical information to law enforcement in advance, to facilitate any
interaction that may occur at a later date between that citizen with special needs and the police.
In the US, some police departments developed an early notification program (ENP) that collected this
information from local citizens and provided a way for responding officers to access the information before
arriving on scene, allowing the officers more time to develop an appropriate strategy, such as using less-
lethal weapons or approach-and-contact techniques. Such information, when made available to the
responding officer ahead of time, can also explain what might otherwise be interpreted as suspicious
behavior by the subject and help avoid a potentially fatal encounter (Crutcher, 2011).
COMMUNICATING TO OBTAIN INFORMATION
A tremendous amount of time is spent communicating during police operations. Although much information
officers receive may seem irrelevant to the law enforcement mission, it is important to the person conveying
the information and should be treated accordingly. Officers who listen empathetically to citizens' concerns
will promote public relations, enhance the department's image, and foster community policing. If they are
truly "to serve and protect," officers must listen to their "clients." The majority of officers' communicating
time should be spent listening rather than speaking. Skillfully phrased questions can elicit a wealth of
information. Active listening can greatly enhance the quality of the information obtained whether the
communication involves a brief stop, a formal interview, or an interrogation.
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Guidelines for Interviewing: The following is based on the guidelines developed by the NIJ (National
Institute of Justice) in the US for police officers to be applied when interviewing eyewitnesses.
1. Establish rapport.
2. Inquire about the witness’s condition.
3. Use open-ended questions and augment with closed-ended questions. An open-ended question allows
for an unlimited response from the witness in his/her own words. A closed-ended question, in contrast,
limits the amount or scope of information that the witness can provide. A leading question suggests an
answer.
4. Clarify the information received.
5. Document information obtained in a witness report.
6. Encourage the witness to contact investigators with any further information.
7. Encourage the witness to avoid contact with the media or exposure to media accounts concerning the
incident.
8. Instruct the witness to avoid discussing the details of the incident with other potential witness.
The Importance of Rapport: Building rapport is essential in successful interviewing. Rapport basically
means a relationship Of mutual trust, conformity, accord, and respect. It is a sense between two people
that they can communicate comfortably and openly. This can be difficult to achieve between someone in a
position of authority, such as a police officer, and someone under scrutiny, such as a suspect, or someone
under emotional distress, such as a victim of a violent crime. Police rapport building is not always a quick
and effortless endeavor, and different approaches are applicable in different situations.
The police force during the Spanish Regime was considered as part of the military system by the Spanish
government. The locally organized police forces, although performing civil duties and seemingly created
for the sole purpose of maintaining peace, were in fact directly commanded by the colonial military
government. Police forces organized during the Spanish regime were:
CARABINEROS DE SEGURIDAD PUBLICO (Mounted Police) was organized in 1712 for the purpose
of carrying out the policies of the Spanish government. The members were armed and considered as
the mounted police. Later, they discharged the duties of a port, harbor, and river police.
GUARDRILLEROS was a body of rural police organized in each town that was created by a royal
decree on January 8, 1836. This police force was composed of 5% of the able-bodied male inhabitants
of each town or province, and each member should serve for at least 3 years.
GUARDIA CIVIL was the police organization created by another Spanish royal decree issued on
February 12, 1852. It relieved the Spanish Peninsulares of their function in policing towns. The
Peninsulares were the so-called town-police. Guardia Civil consisted of a body of Filipino policemen
organized originally in each of the provincial capitals of the central provinces of Luzon under the
command of Alcalde (mayor).
Developments during the American Occupation until the World War II broke out
The first American occupation in the Philippines that came after the Filipino-American War (1898 to 1901)
was followed by a period of political turmoil and social imbalance.
INSULAR POLICE FORCE was established on November 30, 1890 during the Filipino-American war
(1898-1901) upon the recommendation of the Philippine Commission to the Secretary of War.
INSULAR CONSTABULARY was created on July 18, 1901 by virtue of Act # 175 titled as “An Act
Providing for the Organization and Government of an Insular Constabulary”.
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MANILA POLICE DEPARTMENT (MPD) was organized on July 31, 1901 by virtue of Act # 183 of the
Philippine Commission. The 1st Chief of Police was Capt. George Curry, a US Army officer appointed by
the TAFT COMMISSION on August 7, 1901. Capt. Columbus Piatt was the last American COP of MPD
before WW II broke out.
On October 3, 1901, the Insular Constabulary was changed to PHILIPPINE CONSTABULARY (PC) by
virtue of Act # 255. B/Gen. Henry T. Allen was the 1st Chief of the Philippine Constabulary. He was the PC
Chief from 1901 to 1907 such that he was called as the "Father of Constabulary" in the Philippines. The
PC was manned mostly by Filipinos but officers were mostly Americans.
REVISED ADMINISTRATIVE CODE OF 1917 was approved a year before World War I (August 1914 to
November 1918) ended. In Section 825 of this law, it stated that the Philippine Constabulary is a
national police institution for preserving the peace keeping order and enforcing the law. B/Gen. Rafael
Crame became the first Filipino Chief of Police. He served as the PC Chief from 1917-1927.
On January 1, 1932, Act # 3815, otherwise known as the Revised Penal Code of the Philippines took
effect. This was an attempt to 'Filipinize' the Spanish oriented codigo penal (criminal law). But what
happened was that Spanish influence in the criminal law was minimized and replaced by American
practice.
In November 1938, Act # 181 required the creation of a Bureau of Investigation. This agency was
intended to reorganize the Division of Investigation from the Department of Justice. On June 19,
1947, Republic Act # 157 was enacted which created the National Bureau of Investigation (NBI) under
the DOJ.
The MPD introduced the bicycle patrol in 1939.
During the outbreak of World War 2
Col. Torres declared Manila as an open city in 1941 when war broke out.
On December 8, 1941, the first troops of the Japanese Imperial Army entered Manila.
The Kempetai (Japanese military police) took Chief Torres in custody and rounded the members of the
MPD and ordered them to cooperate by taking the responsibility of maintaining peace and order. The MPD
was renamed Metropolitan Constabulary under the supervision of the Bureau of Constabulary. These
police forces were the "puppet police" of the Japanese military.
On February 7, 1945, Gen. Douglas McArthur returned to the Philippines. The battle of Manila ended
on March 3, 1945 which liberated the nations capital from the Japanese control. The MPD was
reconstituted and placed under American control. Marcus Ellis Jones became the Chief of Police.
Trivia:
Col. Antonio C. Torres – the 1st Filipino COP when Manila Police Department became an all Filipino
police organization; declared Manila as an open city when World War II broke-out in 1941; during the
World War II, Manila police was placed again under the American control.
Col. Marcus Ellis Jones, a U.S. Provost Marshall, was named as MPD Chief of Police (COP) just
after the Manila Liberation.
Col. Lamberto T. Javalera was the 1st Filipino COP of MPD appointed by President Roxas under the
Philippine Republic government.
Isaias Alma Jose, was appointed as the first Chief of Mobile patrol of MPD by Arsenio Lacson, the
first elective Mayor of Manila.
Policing approach was strongly influenced by the American system since the Philippine government was
once again placed under the US (United States) supervision.
On March 17, 1954, automobile patrol was introduced in Metro Manila.
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Present Period
The Philippine government, through the PNP and DILG in coordination with other government agencies
such as the AFP, tapped the involvement of the community in law enforcement.
To site a few of these law enforcement programs which focused on policing, here are 3 programs initiated
by the PNP.
Politics is the process by which resources are distributed or allocated. As a famous political scientist
once remarked, “Politics is who gets what, when, and how. ”
Money and power are two of significant resources that should be properly allocated. Sometimes,
those who have money eventually becomes powerful. There are times that those who are given authority or
power becomes super rich. In the cynical sense, we can say that politics involves maneuvering for power
(and money).
Political considerations are a necessary in managing public affairs. However, political considerations
sometimes become problematic part of law enforcement and criminal justice administration.
Politics of lawmaking
Perhaps the most important way that the democratic political system shapes criminal justice is
through the lawmaking process: Politics influences the laws that legislatures enact. What happened in the
United States is often replicated here in the Philippines.
During the 1980s and 1990s, US legislators and congressional representatives rushed to frame
politically conservative get‐tough sentencing laws. These laws mandate longer sentences and fewer
opportunities for parole. One lawyer who was instrumental in rewriting federal drug laws in 1986 and 1988
says the severe sentencing laws came about through whim and attempts by politicians to one‐up each
other as drugs seized media headlines just before elections. “There was a level of hysteria that led to a
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total breakdown of the legislative process,” says the lawyer, Eric Sterling, who as lead attorney on the U.S.
House Committee on the Judiciary wrote the laws that established long mandatory sentences for several
types of drug convictions.
The phenomenon happened also in our country. However, by the midpart of 1990s, legislators
started passing laws that reduce stiff penalties. Even death penalty was abolished by the first decade of
this century due to political influences. This shift in the criminal justice system had a significant impact to
the law enforcement in the Philippines.
Politics of prosecution
Political considerations influence prosecutors in a direct way. Prosecutors are elected in most states
and are heavily involved in local politics. Top people in our national prosecution agency are political
appointees and tend to mesh their career ambitions to the needs of their political party. Both national and
local prosecutors often use their office as a springboard for higher political office. Occasionally, an
unscrupulous prosecutor will abuse power in the worst way: Acting on the basis of political motives, the
prosecutor will engage in political prosecutions by pressing criminal charges against political enemies.
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solutions to
the crime problem.
Police officers have a delicate role as public officers. Their attitude, decisions and action is the reflection of
their organization and the government in general. Out of 100 personnel in one police department, even if
just one officers behaved badly, the whole police department will be seen by the public as bad
organization. Hence, every police officer should exercise the so-called "police discretion.
POLICE DISCRETION
Discretion is the wise use of one’s judgment, personal experience and common sense to decide a
particular situation. The police are decision makers, and most of the decisions they make involves
discretion. Discretion is part and parcel of the police role.
The policeman on the beat, or in the patrol car, makes more decisions and exercise broader discretion
affecting the daily life of people everyday, and to a greater extent in many respects than a judge who
will ordinarily exercise in a week. No law book, no lawyer, no judge can readily tell how the police officer
on the beat exercise his discretion perfectly in everyone of the thousands of hour to hour work of a
police officer.
Police officers are trained to be self-reliant and instant decision-makers. Most of the decisions they
make involve discretion. The police exercise discretion whenever they must use their own judgment
and personal experience in deciding when to act when confronted with specific situations.
Should there be full enforcement of the law by the police or can selective enforcement be restored to as
a result of discretion. The fact of the matter is that the police do not enforce all laws all the time against
all law violators.
For more information about police discretion, read the content of this webpage
- https://www.encyclopedia.com/articles/police-discretion-definition/ (Links to an external site.)
Several factors can be attributed for the lack of full, strict, or total law enforcement such as:
There are major problems/issues that can arise from uncontrolled discretion. These include, but not limited
to, the following.
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Police discretion lacks uniformity for implementation.
It may be discriminatory.
It converts the law into a personal instrument of social control through the so called “sidewalk justice” or
"street justice".
OCCUPATIONAL HAZARDS
Occupational hazards affecting members of the police organization are also known as LAW
ENFORCEMENT HAZARDS or POLICE HAZARDS. A career in law enforcement can be exciting,
challenging, and rewarding for people who are oriented and committed to public service. Yet it can be
devastating for those who are not prepared for its rigors. Thousands of dedicated, well-meaning people
who thought that police work was the career for which they were destined have discovered that the mental,
physical, social, or economic costs of continuing such career were too high. Many others have perished
within the field but at considerable expense on their part and that of others.
Law enforcement is a hazardous craft that requires strong, caring individuals who can deal
consistent with stressful situations. Overtime, the impact of the dangers and stressors inherent in policing
affect individual police officers differently. Some, perhaps most, go through their entire careers without
suffering personally in any unusual or specific way. For other potential appears to take a special toll on
their lives. The sense of community isolation, the potential dangers, and the unique life style all seem to
work together to affect adversely certain officer’s physical, mental, and social well-being.
Various occupational hazards encountered by police officers can be categorized into 5 types - physical,
psychological, physiological, social and economic.
1. Physical Hazards
Violence: Danger is an inherent part of police work, and this danger is reinforced by the element of
authority. Police are required to enforce laws, laws that are many times either more conservative or more
liberal than the area or person against whom it is being enforced. Police officers are always interacting with
people in moments of crisis. Thus, more often than not, the police are perceived more as adversaries than
as friends.
The threat of death and injury due to violence as well as the physiological impact of possibly having to
cause death or injury to others is a fact with which law enforcement officers must content. The keys to
coping with these hazards are personnel selection and training.
Accidents: Law enforcement officers have about an equal potential to lose their lives due to accidents as
due to homicide. Automobile accidents, motorcycle accidents, aircraft crashes, being struck by vehicles,
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accidental shootings, falls, and drowning, tend to be the most common causes for accidental deaths among
officers.
Contagious disease: During the later half of the twentieth century, police officers had relatively little to fear
from contagious diseases. Among the top infectious diseases are chickenpox, flu
(influenza), herpes, (Links to an external site.)HIV/AIDS, human papillomavirus (Links to an external
site.) (HPV), mumps (Links to an external site.), measles, viral hepatitis, viral meningitis, and viral
pneumonia. Covid-19 is a more recent form of viral infection that many similarities with pneumonia since it
attacks primarily the human respiratory system.
2. Psychological Hazards
Historically, many people believed that policing attracted persons with a propensity
towards authoritarianism and cynicism – those with a specific police personality. A research suggests
that there is no specific personality: rather, that the socialization process in becoming a police officer
creates a working personality that the police officer uses in the performance of the job. The working
personality and the accompanying sense of isolation are the result of conditions inherent in the practice of
police work.
Another aspect of the police personality is the concept of cynicism. This is the belief that all people
are motivated by selfishness and evil. Unfortunately, after years of seeing humanity as its worst, many
police officers subscribe to it. Cynicism becomes an emotional plank deeply entrenched in the ethos of the
police world, and it serves equally well for attack or defense. For many reasons, police are particularly
vulnerable to cynicism.
Emotional Distress: Due to the hazards that are inherent in the law enforcement, all officers will, on
occasion, experience emotional distress. Although other occupation may be far more dangerous, the
constant exposure to stressful stimuli makes policing one of the most difficult occupations.
The threat of violent death and injury, the constant exposure to human tragedies, the responsibility for
others, the feelings of alienation and helplessness, the demands of shifts work, the limited career
opportunities, and the lack of input in administrative decision making, all combine to create stress for even
the most stable well-adjusted persons. It is of vital importance that law enforcement administrators and
employees realize the source and consequences of stress before officers can learn to cope with the stress
that is inherent in policing, they must be taught to overcome “John Wayne mentality", which means the
police refuse to acknowledge any weakness. Once officers have learned to acknowledge the existence of
stress, they can be taught how to identify and neutralize those stressors with which they as individuals must
content.
Mental Illness. If the distress is not dealt with appropriately, it may escalate into behavior that, threaten the
welfare of the officer and/others. The individual officer may suffer from relatively mild emotional
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disturbances, which require only counseling and reassurance, or she/he may be plagued by severe mental
disorders that are career or even life threatening in nature.
Law enforcement agencies must not only have assistance programs designed to help officers
contend with emotional distress but must also develop strategies to aid those for whom problems become
too severe for continued police service. Medical pensions, extended health coverage, and family support
services are only fair for those who have paid too high a price for their police careers.
Suicide: Being a police officer also increases one’s risk of falling victim to suicide. Preliminary suicides
appear to identify higher levels of suicides among police officers than among other professionals or
occupations. Given the general nature of police work, many officers who feel suicidal are either afraid or
have no one to turn to in discussing their feelings. This leads to an even greater sense of isolation, with
many believing that suicide is the only way out.
Substance abuse that leads to psychological dependency: Police administrators frequently report that
alcohol is a severe problem with officers and often report the existence of alcohol-related problems. The
use and abuse of alcohol among police officers is apparently one way of coping with the problems inherent
in the job. Although alcohol is the “drug of choice” among police officers, caffeine and nicotine are also
extremely popular. It is not unusual for officers to drink several cups of coffee, glasses of tea, or soft drinks
during their workday. Similarly, many officers use tobacco products while on duty. In addition to being
chemically addictive, these drugs are also psychologically addictive, in that they often develop as means of
killing time during periods of tedium.
3. Physiological hazards
Substance abuse leading to physical dependency: The impact of drugs and alcohol is even more
devastating physically than psychologically. All too frequently, casual use of such substances leads to
chemical dependency. Social users of tobacco, alcohol, or narcotics now find themselves in constant need
of that particular drug in order to “get by.” This addiction results not only in social difficulties but can
become life threatening.
Physical health deterioration: In addition to substance abuse, a number of other physical hazards exist
for police officers. Stress, poor nutrition, and lack of exercise also contribute to poor physical health. Terry
1981 has documented numerous physiological effects of police stress. Some of these problems include
headache, indigestion, ulcer, lower back pain, and high blood pressure. In addition, Norveil, Belles, and
Hughes (1988) have found that police officers have higher risk of mortality associated with cancer,
diabetes, and heart disease than the non police. It is evident that, strong relationship exists between job-
related stress and physical illness.
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Isolation from the public: One of the difficult aspects of policing is the sense of isolation from the
community. Perhaps this is endemic to law enforcement given the nature of the job. In addition to enforcing
unpopular or at the very least non-consensual laws, police are required to be suspicious. Required to ask
questions, to demand answers, “to proceed forcefully against all appearance of transgression…..to
penetrate the appearance of innocence ... to discover craftiness.“
Isolation from the family: All too often, policing becomes a disruptive influence for the family. The
potential for danger, the authoritarian nature of the job, the round-the-clock shifts and constantly changing
shifts, and accommodations that must be made in family life all work together to increase tension in the law
enforcement family. As a result, many believe that marital problems are endemic to law enforcement.
5. Economic hazards
Salary limitations: If one’s goal is to accumulate great wealth, he/she should not become a law
enforcement officer. Despite their education, training, and professionalism, unless they rise to top
administrative positions, become corrupt, or win the lottery, they will experience a lower-middle-class
existence.
Career limitations: Everyone cannot become the chief of police in a large metropolitan agency. Nor will all
those who wish to become supervisor do so. Whether one’s career is successful depends on how one
defines success. Many officers who have spent their entire careers as patrol officers in small or mid-sized
law enforcement agencies are rightfully proud of their accomplishments. Similarly, there are many
frustrated persons (at all ranks and level of policing) who feel that they never received a fair chance.
Liability issues: Failure to act in a manner that is felt to be consistent with proper law enforcement
procedures could result in a minor reprimand. More serious violations could result in more severe
disciplinary actions, such as suspensions, compulsory transfer, demotions, or even terminations. Violations
that are felt to have infringed on the legal rights of others could result in costly civil litigation at the state
levels. Violations thought to constitute criminal actions could result in arrest, conviction, and imprisonment.
Whether officers are convicted or subsequently acquitted of all charges, the economic impact of legal costs
and career damages can be devastating to both the officers and their families.
The range of law enforcement operations is so broad that discussing all of these in just one section
or module is mind blowing. Instead of trying to study all the kinds of operations conducted by law
enforcement agencies, we will focus on some salient issues about this subject matter.
One approach to have a more profound appreciation of the nature of law enforcement is to
understand the so-called "Golden Rules of Law Enforcement". These golden rules are also dubbed as the
10 Commandments for police officers. Accordingly, if you are a law enforcer:
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1. In the performance of your duty, you shall be guided by:
1st - absolute and uncompromising obedience to the laws of God;
2nd - the Constitution;
3rd - all existing laws; and
4th - the public welfare in general, with ultimate purpose to secure, defend and protect life, liberty, honor,
dignity and property (strictly in that order).
3. You shall uphold the law without fear, favor, reservation or indiscretion.
4. You shall not wrongfully or maliciously accuse anyone, be an instrument to any wrong-doing, nor violate
human rights.
5. You shall defend the weak, shield the helpless, protect the oppressed, and assist the aggrieved without
distinction or prejudice, and be it a fate to die in line of duty with honor, valor and dignity.
6. You shall not employ excessive, unnecessary and unreasonable force to prevent, repel or suppress an
act or omission punishable by law.
7. You shall be gallant in defeat, humble in victory, yield honorably to righteousness and immediately
acknowledge and correct a wrong humiliation or perversity.
8. You shall not disgrace the badge and uniform, nor commit any act or omission in violation of law for
material gains or ulterior motives.
9. You shall always live a modest life as true, honest and dedicated public servant.
10. You shall always cherish, honor and speak well of the organization and abide by the code, the corps
and the unit at all times.
Another way to have a better perspective about the operations of law enforcement is to reflect on
the vision, mission, and functions of law enforcement agencies. Since our primary law enforcement agency
is the PNP, you might as well study the motto, vision, mission, philosophy, core values, and mandated
functions of this police organization to have a birds-eye view about the extent of operations of this law
enforcement organization.
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What is the:
1. MOTTO
2. PHILOSOPHY
3. VISION
4. MISSION of the PNP?
5. CORE-VALUES
6. POWERS & FUNCTIONS
Categorizing the various police operations is another approach to systematically study the complexities of
law enforcement. Let us use the PNP as our basis in classifying police operations. As enumerated in the
PNP Operational Procedures manual, the following are the categories of police operations:
5. Intelligence operation
6. Investigation operation
What police field activities are exclusively classified as law enforcement operations according to
the PNP (police) manual?
What are the administrative and legal requirements when conducting law enforcement
operations?
The mode of discussion in section is more technical compared the earlier topics and modules.
Law enforcement agencies around the world are facing various challenges. Many of these challenges are
complex for ordinary people to understand. In this section, we will not deal on socio-economic and political
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issues. Instead we will center on ethical and legal challenges that have been sensationalized recently by
police related controversies in the Philippines and in the United States of America. These are
contemporary issues focused on use of force and police accountability.
International human rights law provides the overarching framework for the international law
governing law enforcement. Many of the detailed rules regulating police use of force are found in a
combination of customary law and general principles of law. The two most important general principles are
necessity and proportionality. As the United Nations (UN) stated in 2016, "states must adopt a clear
legislative framework for the use of force by law enforcement or other individuals that complies with
international standards, including the principles of necessity and proportionality" (UN Special Rapporteur on
Summary Executions, 2016, para. 75). The rules were first articulated in 2 sets of UN standards and norms
on crime prevention and criminal justice:
1. the 1979 Code of Conduct for Law Enforcement Officials (GA Resolution 34/169) (hereafter, "Code of
Conduct"); and
2. the 1990 Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (GA
Resolution 45/166).
The 1979 Code of Conduct was adopted by UN General Assembly Resolution 34/169 of 17
December 1979. The 1990 Basic Principles were adopted by the 8th United Nations Congress on the
Prevention of Crime and the Treatment of Offenders and welcomed by UN General Assembly Resolution
45/166 of 18 December 1990 and governments were invited to respect them. The European Court of
Human Rights and the Inter-American Court of Human Rights have both cited the 1990 Basic Principles as
authoritative statements of international rules governing use of force in law enforcement (European Court of
Human Rights, 2013, para. 90; Inter-American Court of Human Rights, 2015, para. 264). In the latest draft
of its new General Comment on the right to life, the Human Rights Committee states that "all operations of
law enforcement agents should comply with relevant international standards, including the Code of Conduct
… and the Basic Principles on the Use of Force and Firearms" (Human Rights Committee, 2017, para. 20).
The 1990 Basic Principles elaborate in greater detail the norms on use of force set out in Article 3 of
the 1979 Code of Conduct, which provides that law enforcement officials "may use force only when strictly
necessary and to the extent required for the performance of their duty". Both instruments apply explicitly to
the acts of any organs of the state when using force for the purpose of law enforcement. Thus, the rules
govern not only the police but also any other law enforcement agency, state security force, a force such as
a gendarmerie, or the military, whenever they are engaged in domestic law enforcement. The rules similarly
apply to a private security company to which the state or one of its organs has delegated police powers.
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There are 3 general principles of use of force by the law enforcers - necessity, proportionality and
precaution.
The principle of necessity has three interrelated elements: the duty to use non-violent means
wherever possible; the duty to use force only for a legitimate law enforcement purpose; and the duty to use
only the minimum necessary force that is reasonable in the prevailing circumstances.
Wherever possible, law enforcement officials should use non-violent means to achieve a legitimate
law enforcement objective before resorting to physical force. This default position is explicitly affirmed in
Principle 4 of the 1990 Basic Principles: "Law enforcement officials, in carrying out their duty, shall, as far
as possible, apply non-violent means before resorting to the use of force and firearms. They may use force
and firearms only if other means remain ineffective or without any promise of achieving the intended result."
Such non-violent means include the symbols of police authority such as their presence, uniform, or vehicle;
body language (including intensified eye contact with the individual); and verbal persuasion, such as by
pointing out the futility of resistance. A need for law enforcement officials to use force may be reduced by
their appropriate equipping with "self-defensive equipment such as shields, helmets, bulletproof vests and
bulletproof means of transportation", as set out in Principle 3 of the 1990 Basic Principles. Moreover, law
enforcement officials are also entitled to enjoy protection from the state of their fundamental human rights
to life and to bodily integrity.
In addition, each use of force must be for a legitimate law enforcement purpose. As Article 3 of the
1979 Code of Conduct provides, law enforcement officials may use force only "to the extent required for the
performance of their duty". The official commentary on this provision clarifies that law enforcement officials
may use such force, and no more, "as is reasonably necessary under the circumstances" to prevent crime
or to effect or assist in the lawful arrest of offenders or suspected offenders. The 2001 European Code of
Police Ethics similarly provides that the police may use force "only when strictly necessary and only to the
extent required to obtain a legitimate objective" (Council of Europe, 2001, para. 37).
Accordingly, force must never be used vindictively or as a form of extrajudicial punishment; meted
out in a discriminatory manner; or applied against an individual offering no resistance. In addition, no
additional force is lawful when the need has passed, such as when a suspect is safely and lawfully
detained. Discriminatory practices, such as those carried out by law enforcement officials against
minorities, are clearly a violation of international law.
Central to the principle of necessity, however, is that when force is necessary, it must be no more
than the minimum reasonably necessary in the circumstances. This means that even violent or potentially
violent suspects should be arrested, or killed, except in very extreme cases where using force and lethal
force is the only possibility to stop an imminent risk to life. In 1982, the Human Rights Committee stated
that the state acted unlawfully by shooting suspected terrorists instead of arresting them, as they could
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have done in the circumstances. In 2015, the Grand Chamber of the European Court of Human Rights
reiterated that "in respect of a person who is ... confronted with law-enforcement officers, any recourse to
physical force which has not been made strictly necessary by his own conduct diminishes human dignity
and is, in principle, an infringement" of the right to freedom from torture and inhuman or degrading
treatment (para. 88, 100).
At the same time, law enforcement officials may make an honest mistake and not be held criminally
liable, unless that mistake was manifestly unreasonable in the circumstances. In its 1995, the Grand
Chamber of the European Court of Human Rights stated that use of force by agents of the State may be
justified "where it is based on an honest belief which is perceived, for good reasons, to be valid at the time
but which subsequently turns out to be mistaken. To hold otherwise would be to impose an unrealistic
burden on the State and its law-enforcement personnel in the execution of their duty, perhaps to the
detriment of their lives and those of others" (para. 200).
According to the commentary on Article 3 of the 1979 Code of Conduct, "National law ordinarily
restricts the use of force by law enforcement officials in accordance with a principle of proportionality. It is to
be understood that such national principles of proportionality are to be respected in the interpretation of this
provision. In no case should this provision be interpreted to authorize the use of force which is
disproportionate to the legitimate objective to be achieved." Similarly, according to Principle 5 of the
1990 Basic Principles, "Whenever the lawful use of force and firearms is unavoidable, law enforcement
officers shall ... act in proportion to the seriousness of the offence and legitimate objective to be achieved."
Proportionality only comes into play if the principle of necessity is respected. Thus, the use of force
must already be necessary in the circumstances and the force actually used must be no more than the
minimum necessary to achieve a legitimate law enforcement objective. The principle of proportionality may
act to render such "necessary" force unlawful. So, for example, to stop an escaping thief might require a
law enforcement official to use his or her firearm. In such a circumstance, however, the principle of
proportionality will prevent such use, even where it unquestionably amounts to the minimum necessary
force in any particular situation. As the Grand Chamber of the European Court of Human Rights held in
2005, an escaping suspect (who does not pose a grave threat to life) may not be shot "even if a failure to
use lethal force may result in the opportunity to arrest the fugitive being lost" (para. 95).
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With respect to an electric-shock weapon, national case law has noted the relevance of
proportionality. The United States Court of Appeals for the Fourth Circuit, held that: "Immediately tasing a
non-criminal, mentally ill individual, who seconds before had been conversational, was not a proportional
response." Electric shock weapons, the Court held, "are proportional force only when deployed in response
to a situation in which a reasonable officer would perceive some immediate danger that could be mitigated
by using the taser" (2016, p. 19, 21.)
The principle of precaution underpins the principles of necessity and proportionality. Under the
principle of precaution, the state is duty bound to plan law enforcement operations in a manner that
minimizes the risk of law enforcement agencies and officials having recourse to potentially lethal force. The
rationale is to limit the risk of death or serious injury to any member of the public or law enforcement official.
According to Principle 5(b) of the 1990 Basic Principles, whenever lawful use of force and firearms is
unavoidable, law enforcement officials must "minimize damage and injury" and "respect and preserve
human life". But measures need to be taken "upstream" in the operational planning phase to "avoid
situations where the decision on whether to pull the trigger arises, or to ensure that all the possible steps
have been taken to ensure that if that happens, the damage is contained as much as is possible" (UN
Special Rapporteur on Summary Executions, 2014, para. 69).
The precautionary principle was first enunciated by the European Court of Human Rights in its 1995
Grand Chamber judgment: "the Court must carefully scrutinize ... not only whether the force used by the
soldiers was strictly proportionate to the aim of protecting persons against unlawful violence but also
whether the anti-terrorist operation was planned and controlled by the authorities so as to minimize, to the
greatest extent possible, recourse to lethal force" (para. 194). The Inter-American Court of Human Rights
has held that proportionality "is also related to the planning of preventive measures, since it involves an
assessment of the reasonableness of the use of force. Thus, it is useful to analyze the facts rigorously to
determine ... whether the violations could have been avoided with the implementation of less harmful
measures" (Inter-American Court of Human Rights, 2012, para. 87).
In addition, with a view to preserving life, according to Basic Principle 5(a) of the 1990 Basic
Principles, law enforcement officials must also ensure that "assistance and medical aid are rendered to any
injured or affected persons at the earliest possible moment". This must equally be part of the planning
process for law enforcement operations. In 2011, the European Court of Human Rights examined whether
the hostage rescue operation was planned and implemented in compliance with the authorities' positive
obligations under the right to life in Article 2 of the 1950 European Convention on Human Rights, "namely
whether the authorities took all necessary precautions to minimize the effects of the gas on the hostages, to
evacuate them quickly and to provide them with necessary medical assistance" (para. 237). The duty to
assist applies even if the injured person is a suspected offender.
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The Use of Firearms
In addition to the general principles of necessity and proportionality, which apply to any use of force,
specific provisions in both the 1979 Code of Conduct and the 1990 Basic Principles cover the use of
firearms. The commentary on Article 3 of the 1979 Code of Conduct provides that: "Every effort should be
made to exclude the use of firearms, especially against children. In general, firearms should not be used
except when a suspected offender offers armed resistance or otherwise jeopardizes the lives of others and
less extreme measures are not sufficient to restrain or apprehend the suspected offender." Further
guidance is provided in the 1990 Basic Principles with the relevant portion of Principle 9 reading as follows:
"Law enforcement officials shall not use firearms against persons except in self-defense or defense of
others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly
serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their
authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve
these objectives."
This part of Principle 9 of the 1990 Basic Principles means that four scenarios may allow the use of
firearms when less extreme means of force are insufficient:
To enable a person resisting arrest to be arrested if he or she is about to commit a particularly serious
crime that involves grave threat to life.
To prevent a person resisting arrest from escaping where he or she is about to commit a particularly
serious crime that involves grave threat to life.
These four scenarios each apply to the use of firearms to "stop" a criminal suspect, but not when
the intent of the law enforcement official is to kill. In none of the scenarios is it lawful to use firearms merely
to protect property (Casey-Maslen, 2017).
The default situation is the first of the four scenarios: where there is an imminent threat of death
or serious injury, whether that is to a law enforcement official or to a member of the public. The threat
posed by the suspect does not need to come from his or her brandishing of a firearm. Depending on the
circumstances, a knife, an iron bar, a car being driven at someone, a potentially lethal chokehold, or even a
baseball bat could be enough. In general, though, serious injury should probably be construed narrowly to
mean potentially fatal injuries. The US Border Customs Police, for example, define a serious physical injury
as one "which creates a substantial risk of death or which causes serious disfigurement, serious
impairment of health or serious loss or impairment of the function of any bodily organ or structure or
involves serious concussive impact to the head" (US Customs and Border Protection, 2014, p. 3, section
D(3)(a)). The UN Special Rapporteur on extrajudicial, summary, or arbitrary executions has affirmed that an
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imminent or immediate threat should be considered "a matter of seconds, not hours" (UN Special
Rapporteur on Summary Executions, 2014, para. 59).
Scenarios two to four as set out in Principle 9 of the 1990 Basic Principles concern a grave threat
to life only (i.e. not also a threat of serious injury) and where use of firearms is necessary but where the
threat is not necessarily imminent. Examples of such scenarios could be a serial killer escaping from a high
security prison or an individual driving through a roadblock when a terrorist attack is feared. For example,
the European Commission on Human Rights in 1997 considered the shooting of an escaping terrorist
bombing suspect to be lawful action under Article 2(2)(b) of the 1950 European Convention on Human
Rights: "to prevent the escape of a person lawfully detained". Such examples are exceptional, however,
and concern only shooting to stop, not shooting to kill.
The act of shooting to kill is governed by a specific, heightened standard. According to the final
sentence of Principle 9 of the 1990 Basic Principles, intentional lethal use of firearms "may only be made
when strictly unavoidable in order to protect life". The UN Special Rapporteur on extrajudicial, summary, or
arbitrary executions has termed this the "protect life" principle, whereby "a life may be taken intentionally
only to save another life" (UN Special Rapporteur on Summary Executions, 2014, para. 70). Examples
would be to stop a suicide or other bomber from detonating the bomb or a hostage-taker about to kill
another. In this heightened standard, imminence is an integral part of the test of lawful use of force. If the
law enforcement official opening fire does not honestly believe the suspect is about to pull the trigger of a
firearm aimed at a hostage's head, or to detonate a bomb, then intentional lethal use of force cannot be
said to be strictly unavoidable to protect life.
The right to assemble peacefully, including to engage in peaceful protest, is a fundamental human
right integral to any democracy, and an essential component of violence prevention. An assembly is
generally understood as an "intentional and temporary gathering in a private or public space for a specific
purpose". It "could take the form of demonstrations, meetings, strikes, processions, rallies, or sit-ins with
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the purpose of voicing grievances, aspirations, or celebrations" (UN Special Rapporteur on Peaceful
Assembly, 2012, para. 24).
Under international human rights law, a series of rights coexist under the umbrella concept of a right
to protest. These rights are, most notably, the freedom of peaceful assembly, of association, and of
expression, and the right to hold opinions "without interference" (International Covenant on Civil and
Political Rights, GA Resolution 2200A (XXI), Art. 19(1), (2), 21 and 22). In all instances, and whatever the
legal status of any given assembly under domestic law, participants are entitled to respect for their
fundamental rights: to life, to humane treatment, and to liberty. No one may be arbitrarily deprived of life or
liberty, and adverse distinction in respecting and protecting rights, for example based on color, gender, or
social status, may amount to unlawful discrimination. Any form of torture or other inhumane treatment is
always prohibited.
In March 2016, in responding to a report on the issue by two UN Special Rapporteurs, the Human
Rights Council recalled "that all States have the responsibility in all circumstances, including in the context
of peaceful protests, to promote, respect and protect human rights and to prevent human rights violations,
including extrajudicial, summary or arbitrary executions, arbitrary arrest and detention, enforced
disappearances, torture and other cruel, inhuman or degrading treatment or punishment, and sexual
violence, and calls upon States to avoid the abuse of criminal and civil proceedings or threats of such acts
at all times" (Human Rights Council, 2016).
In addressing the use of force during assemblies, the 1990 Basic Principles (Links to an external
site.) distinguish between three types of assembly: those that are lawful and peaceful; those that are
unlawful but non-violent; and those that are violent.
According to Basic Principle 12, everyone is allowed to participate in lawful and peaceful
assemblies. By "lawful" the drafters of the 1990 Basic Principles meant legality under domestic law as
opposed to international law. In such cases, where the authorities have granted permission for an
assembly, the task of law enforcement is to facilitate the assembly, including a peaceful protest. Law
enforcement authorities should also "as far as possible, protect and facilitate spontaneous assemblies, as
they would any other assembly" (UN Special Rapporteurs on Peaceful Assembly and on Summary
Executions, 2016, para. 23).
Whether the fact that a substantial number of participants in a given protest carry weapons for self-
defense or for ceremonial reasons precludes an assembly from being considered peaceful is not settled
under international law. Arguably, if such weapons are not visible and do not include firearms or knives, the
assembly should still be considered peaceful, if no violent acts occur.
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Unlawful but Non-Violent Assemblies
Principle 13 of the 1990 Basic Principles governs the use of force in respect of unlawful but non-
violent assemblies: "In the dispersal of assemblies that are unlawful but non-violent, law enforcement
officials shall avoid the use of force or, where that is not practicable, shall restrict such force to the
minimum extent necessary." This category is especially contentious given uncertainty on the scope and
definition of the term "unlawful". It also suggests that the appropriate law enforcement response to such an
assembly is its dispersal. Arguably, the evolution of international human rights law since 1990 renders
dispersal of a non-violent assembly to be generally unlawful, unless there exist objective grounds for its
dispersal (i.e. necessity) and the measures taken are also proportionate.
The fact that the authorities may not be entitled to disperse a given assembly does not preclude the
police from lawfully arresting and detaining suspected criminals from among the participants and
bystanders. As UN Special Rapporteurs have observed, "The authority to arrest can play an important
protective function in assemblies, by allowing law enforcement to remove from an assembly individuals who
are acting violently" (UN Special Rapporteurs on Peaceful Assembly and on Summary Executions, 2016,
para. 44). Thus, they argue that: "Before countenancing dispersal, law enforcement agencies should seek
to identify and isolate any violent individuals separately from the main assembly and, differentiate between
violent individuals in an assembly and others. This may allow the assembly to continue" (UN Special
Rapporteurs on Peaceful Assembly and on Summary Executions, 2016, para. 61).
Mr. Dominguez had been at the head of the demonstration and, along with other demonstrators,
had peacefully surrendered to the police, kneeling with his hands up. While he was in this position, an
officer of the National Police shot him in the back at very close range. After he fell to the ground, he was hit
on the head by the police. After two operations, Blanco Dominguez died on 5 June 2003 (Communication
No. 1828/2008, para. 2.4-2.7). In finding a violation of the right to life, the Human Rights Committee
reiterated Paraguay's obligation to protect the life of the demonstrators (Human Rights Committee, 2012,
para. 7.5).
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Violent Assemblies
According to Basic Principle 14, "In the dispersal of violent assemblies, law enforcement officials
may use firearms only when less dangerous means are not practicable and only to the minimum extent
necessary. Law enforcement officials shall not use firearms in such cases, except under the conditions
stipulated in principle 9".
The phrasing of Basic Principle 14 refers to a violent assembly as a whole, rather than to the acts of
individual participants. This implies that individuals within an assembly may have recourse to violence
without the assembly as a whole being deemed violent. In its 2014 resolution on peaceful protest, the
Human Rights Council recalled that "isolated acts of violence committed by others in the course of a protest
do not deprive peaceful individuals of their rights to freedom of peaceful assembly, of expression and of
association" (UNHRC, 2014, 22nd preambular para). Thus, the term violent assembly should best be
considered akin to major, widespread rioting.
Several less-lethal options exist to disperse a riot, such as police charges (whether mounted or on
foot), use of tear gas, or use of water cannon. Each has potential dangers both for the user and those
targeted. If dispersal is truly necessary, Basic Principle 14 suggests that this might be facilitated by
recourse to firearms, but this is not the law today. As the two United Nations Special Rapporteurs noted in
their 2016 report on peaceful protest to the Human Rights Council, firearms may never be used simply to
disperse an assembly and, of course, indiscriminate firing into a crowd is always unlawful (UN Special
Rapporteurs on Peaceful Assembly and on Summary Executions, 2016, para. 60). Firing over the heads of
protesters is also unacceptable as it risks killing or seriously injuring those standing behind, for a rifle bullet
may kill or seriously injure someone a mile away or even further.
The European Court of Human Rights has considered the legality of the technique.
In Austin v. United Kingdom (No. 39692/09), the Court's Grand Chamber found that the cordon, which
lasted for up to seven hours, did not constitute an arbitrary deprivation of liberty pursuant to Article 5 of the
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1950 European Convention on Human Rights. The case concerned a challenge to the decision by the
Metropolitan Police Service to kettle a group of several thousand people at Oxford Circus in London during
May Day protests in 2001. The police, perceiving a risk of violence and disorder (which did occur), imposed
a cordon under the common law power to "keep the peace".
In his 2013 report on his mission to the United Kingdom, the United Nations Special Rapporteur on
the rights to freedom of peaceful assembly and of association specifically criticized the use of kettling. He
was "particularly troubled to hear alarming stories of peaceful protestors, as well as innocent bystanders,
including tourists, held for long periods with no access to water or sanitary facilities". Acknowledging the
European Court's judgment in the Austin case, he affirmed that this and other relevant decisions in
domestic courts "by no means constitute a blanket endorsement" of kettling and asserted that the tactic "is
intrinsically detrimental to the exercise of the right to freedom of peaceful assembly, due to its
indiscriminate and disproportionate nature" (UN Special Rapporteur on Peaceful Assembly, 2013, para. 36-
38).
Conceptual Origins and the Evolution of the Role of the Police in a Society
Why did early societies need a police force? How did the concept of 'policing' emerge? Why did societies
grant broad powers to the police thereby restricting their rights and liberties?
These questions have long been explored in the fields of political science, sociology and criminology. The
'social contract' theory, one of the most influential concepts in the study of ethics and politics as introduced
by Hobbes, Locke and Rousseau, provides a useful framework for understanding the unique relationship
between the police and society. In essence, this theory suggests that in order to escape from the 'state of
nature' which is marked by anarchy, constant fear and insecurity; societies established a 'social contract'
whereby individuals agreed to voluntarily surrender certain rights and freedoms to a higher authority, which
in turn guarantees safety and security for all. To that end, societies agreed to live together under common
rules, and establish a mechanism with enforcement powers, to uphold the rules that constitute the social
contract (Elahi, 2005). This need for establishing an enforcement mechanism can be said to constitute the
conceptual foundation of policing.
However, giving up of certain individual rights and freedoms in exchange for security, and granting the
police use of force and other enforcement powers raised further questions: how can societies ensure that
the police use force to provide security and order for all, but at the same time prevent the police from
succumbing to the temptation to use those powers illegitimately (Dunham and Alpert, 2015). How do
societies determine the extent of the powers entrusted to the police, and decide what aspects of society
and social life requires policing? These questions arise around the world and, in each case, there are no
easy answers.
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Over the centuries societies and states have defined the role, powers and duties of the police depending on
their respective historical and socio-political context, security circumstances, administrative structure and
governance traditions.
The citizen’s rights and police operations discussed in this section are those in the Philippine setting. The
term police as used in this section refer to the PNP, thus police operations being deliberated are the law
enforcement operations conducted by the PNP.
The police is mandated to enforce the law, prevent and control crimes, maintain peace and order, and
ensure public safety and internal security with the active support of the community. The police provides a
range of services and conducts operations to achieve and maintain peace and order, and ensures that our
communities are safe. These services range from looking for missing persons, issuing police clearance and
anti-carnapping clearance, assisting other organizations and victims during emergencies and disaster,
providing community policing through beat patrols, peacekeeping and counseling, providing security
services during holidays and special occasions, issuing firearm licenses, to executing court orders.
The police also undertakes operations that involve management of crimes and combat situations that
threaten public order and safety. These operations often entail citizen-police encounters, such as making
arrests, search and seizures, operating checkpoints, managing rallies and demonstrations, and
implementing demolition orders, injunctions and other similar orders. During these encounters, it is
important that citizens know their rights and the responsibilities that police officers are required to perform
and which they should expect.
The conduct of police operations are governed by rules of procedures that are anchored on the Bill of
Rights as contained in Article III of the 1987 Constitution which identifies and defines the fundamental rights
of citizens, to wit:
1. No person shall be deprived of life, liberty, or property without due process of law. All persons shall
enjoy equal protection of the law (Section 1).
2. All persons have the right to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures. No search warrant or warrant of arrest shall be issued except
upon probable cause (Section 2).
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3. Any person under investigation shall have the right to be informed of his rights to remain silent and to
have competent and independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived except in writing and
in the presence of counsel. (Section 12.1).
4. There should be no torture, force, violence, threat, intimidation, or any other means which vitiate the
free will. Secret detention places, solitary, incommunicado, or other similar forms of detention are
prohibited (Section 12.2) and any confession or admission obtained through these shall be in admission
in evidence against him (Section 12.3).
5. The accused shall be presumed innocent until proven guilty (Section 14.2).
The general rule in the conduct of police operations entails that police officers should be:
The use of warning shot is strictly prohibited as this will pose danger to life and property especially in
crowded areas. They will instead use any peaceful means including use of whistles and megaphones, or
any similar means to influence, warn the offenders or suspects to stop and/or peacefully surrender to
authority.
Police officers are prohibited from firing at moving vehicles, excessive use of force and use of deadly
weapons unless the suspect poses imminent danger of causing death or serious physical injury to other
persons or the police officers. The members of the police force must be trained on the rules of the use of
force and/or reasonable force and in determining imminent danger during operations in accordance with the
‘Police Operational Procedures’ and provisions of the ‘Rules of Criminal Procedures’.
CITIZEN CONTACT
A citizen contact is when a police officer engages in face-to-face communication with a citizen. This face-to-
face contact does not mean that the citizen is being suspected of committing a crime. It is undertaken for
purposes of asking questions or gathering information that is official and not personal in nature and which
will support the police in his conduct of intelligence and investigation.
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In the Philippine setting, the police organization (the PNP in particular) imposes stringent rules on its
personnel in order to ensure the protection of rights of individuals from whom police officers obtain
information. Police officers may initiate citizen contacts only for legitimate police-related purposes and to
engender citizen support in solving crimes.
The police may not use citizen contacts on a perpetual basis so as to intimidate, harass or coerce the
people. Citizen contacts are based on the presumption that the citizen is not under any reasonable
suspicion of criminal activity.
When a police officer comes in contact with a citizen, he must be aware that he is bound by the following
protocols:
SPOT CHECK
Spot checks are usually conducted in times of heightened security alerts or in areas where a crime has
been committed and investigation or surveillance is being conducted and where the police needs to
increase its vigilance.
Police officers may stop an individual for spot check/ accosting when his/her appearance, demeanor or
actions suggest that he or she may be engaged in some criminal activity; if the hour of day or night is
inappropriate for his presence in the area or his/her presence in the neighborhood is inappropriate; if he or
she is carrying a suspicious object or if his/her clothes bulge in a manner that suggests that he/she might
be carrying a weapon; if he or she is located in proximate time and place to an alleged crime; if the officer
has knowledge of the person’s prior criminal record or involvement in criminal activity; or if the person flees
at the sight of the police officer.
When a police officer approaches a citizen to conduct a spot check, the officer is bound by the following
rules:
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1. He/She should clearly identify himself/herself as a police officer, if not in uniform, by announcing his/her
identity and displaying official identification card and/or badge.
2. He/She should be courteous at all times and confine his questions regarding the identity, place of
residence, and other inquiries necessary to resolve his/her suspicions and not hold the citizen longer
than is reasonably necessary.
3. He/She cannot compel a citizen to answer any questions posed during the spot check/accosting.
4. He/She cannot arrest citizen on the grounds that the citizen failed or refused to respond to his
questions.
ARREST
An arrest may be made at any day or any time of day by virtue of a Warrant of Arrest, issued by the court or
by warrantless arrest. A police officer or a private person may make an arrest without a warrant under the
following conditions:
1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting
to commit an offense;
2. 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
3. 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.
As a police officer, when you arrest someone, it is your responsibility to ensure that his/her rights are
protected and respected according to Republic Act 7438. Hence, you must do the following:
1. Inform him/her of the reason for the arrest in a language known by the arrested person.
2. Show the Warrant of Arrest.
3. You must inform his/her constitutional right to remain silent and that any statement he/she might make
could be used for or against him/her in any court of the law;
that he/she has the right to counsel of his/her own choice, and if he/she cannot afford to hire a lawyer,
one shall be provided to assist him/her;
and that the arresting officer should ask the person being arrested if he/she understand these rights.
4. You must bring him/her immediately to the proper police station and keep him/her for not more than -
12 hours for crimes or offenses punishable by light penalties;
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18 hours for crimes or offenses punishable by correctional penalties; and
36 hours for crimes or offenses punishable by afflictive and capital penalties.
5. Furthermore, you must respect his/her right to communicate with his/her lawyer or his/her immediate
family. It your responsibility as the arresting officer to see to it that these are accomplished.
If you arrest someone without a warrant, what should you do as the arresting officer?
1. Inform him/her of the reason for the arrest in a language known by the arrested person;
2. Inform his/her constitutional right to remain silent and that any statement he/she might make could be
used for or against him/her in any court of the law;
that he/she has the right to counsel of his/her own choice, and if he/she cannot afford to hire a lawyer,
one shall be provided to assist him/her;
and that the arresting officer should ask the person being arrested if he/she understand these rights;
3. Bring him/her immediately to the proper police station and keep him/her for not more than -
12 hours for crimes or offenses punishable by light penalties;
18 hours for crimes or offenses punishable by correctional penalties; and
36 hours for crimes or offenses punishable by afflictive and capital penalties.
4. Furthermore, you must respect his/her right to communicate with his/her lawyer or his/her immediate
family. It your responsibility as the arresting officer to see to it that these are accomplished.
5. It is also your responsibility to observe the right of the arrested person to undergo inquest proceedings
in accordance with Section 7, Rule 112 of the 2000 Rules of Criminal Procedure
What else should you do if you arrested a person with or without a warrant in relation to his/her
constitutional rights?
1. Do not use torture, force, violence, threat, intimidation, or any other means which vitiate the free will
during and after the actual arrest.
2. Do not put the arrested person to secret detention places, solitary confinement (incommunicado) or
other forms of detention.
3. During questioning immediately after the actual arrest, if he/she waived his/her right against self-
incrimination and opt to give a statement, make sure that the waiver be made in writing and he/she
signs the waiver in the presence of a counsel of a competent and independent counsel.
4. If you arrested someone without a warrant and he/she waived his/her right under the provisions of
Article 125 of the Revised Penal Code, you must ensure that he/she signs a waiver of detention in the
presence of the counsel of his/her choice.
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5. Immediately after the actual arrest, you must arrange for the physical examination of the arrested
person by a medico-legal officer or, in the absence of such medico-legal officer, by any government
physician in the area. Before releasing the arrested person or transferring him to the custody of another
police station or law enforcement agency, arrange for his/her physical examination by a medico-legal
officer.
What are your rights as arresting officer which entitles you with authority as well as responsibilities?
As the arresting officer, you have the responsibility to ensure that warrant of arrest is properly served. Take
note that you are vested with certain authority to enable you to accomplish your task as arresting officer.
Search and seizures are made through search warrants and warrantless searches which are allowed by
law under defined conditions.
A search warrant is issued only upon establishment of probable cause relating to a specific offense. It is an
order in writing issued in the name of the People of the Philippines, signed by a judge and directed to
peace officers, commanding them to search for personal property described therein and bring it before the
court.
The search warrant is valid for 10 days from the date of issuance. Thereafter, it shall be void.
The warrant must direct that it be served in the day time, unless the affidavit asserts that the 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 any time of the day or night.
What are the protocols to be observed when you are serving a search warrant?
1. If after giving notice of your purpose and authority, you are denied entry to the place of search, you may
break open any outer or inner door or window or any part of a house or anything therein to execute the
warrant or liberate yourself or any person lawfully assisting your when unlawfully detained therein.
2. Do not search houses, rooms, or other premises except in the presence of their lawful occupants or any
member of the occupants’ family or, in the absence of the latter, in the presence of 2 witnesses of
sufficient age and discretion residing in the same locality.
3. Do not take lawful personal properties, papers, and other valuables not specifically indicated or
particularly described in the search warrant.
4. If you seized a property by virtue of a warrant, you must give a detailed receipt for the same to the
lawful occupant of the premises in whose presence the search and seizure was made, or in the
absence of such occupant, shall, in the presence of at least 2 witnesses of sufficient age and discretion
residing in the same locality, leave a receipt in the place in which you found the seized property in the
absence of the lawful owner.
What protocols should you observe in a case of warrantless search and seizure?
What rights of citizen should be respected when they are the subject of warrantless search and seizure?
Warrantless search and seizure may be conducted on a person lawfully arrested. The person is searched
without a warrant for dangerous weapons or anything which may be used or constitute proof in the
commission of an offense.
The police officer is also authorized to conduct search and seizure to the premises or surrounding as an
incident to a lawful arrest.
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Motor Vehicle Search.
When a vehicle is stopped and subjected to an extensive search, it would be constitutionally permissible
only if the officers conducting the search had 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.
1. The police and other concerned agencies must have prior justification for an intrusion (i.e. he/she is not
a trespasser) or, otherwise, must be in a position from which he/she can view a particular area;
2. The discovery of the evidence in plain view is inadvertent (discovery by chance);
3. It is immediately apparent to the officer that the item he observes (i.e. open to the naked eye and hand)
may be evidence of a crime, contraband, or is otherwise subject to seizure. (PP vs Doria 102 SCA 542;
PP vs, Alfonso 219 SCRA 102)
Module4 Overview
Most criminology students have ambition of becoming a law enforcer someday. As police officers later on,
you should be familiar of the various police units where you can be assigned.
In your earlier courses, you have studied this subject - Law Enforcement Organization and Administration -
and you have focused on a particular police force which is the PNP (Philippine National Police). However,
there are other police organizations operating in our country aside from the PNP. In fact, every department
under the executive branch of our government has some sort of police unit tasked to enforce the laws
assigned to that department to enforce.
Going back to the primary law enforcement agency in our country, you know already that it has a national
office/headquarter and local offices. There are police offices assigned in the urban areas and rural areas
as well. Police offices in the city and municipal level are often called police stations. Some police stations
have complex organization while others have simple organization. Police stations/offices in metropolitan
areas are considered as large and complex organization while those in the rural areas are usually small
police forces with very simple structure. But whether, a police office is large or small or has a complex
organization or a simple one, it should be able to perform the basic police functions.
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From these organization charts, you can identify what police units in compose the local police offices.
Based on what you have learned in LEA 1N, these police units can be categorized as -
administrative
operational
auxiliary
Patrol is the backbone of the police force/department because of the following reasons:
First of all, it is the basic police unit that cannot be eliminated. All other divisions of the police
department may, if necessary, be eliminated. Patrol officers can, and have, assumed the duties of
other police elements in times of financial crises requiring agency cutbacks.
The patrol officer is the primary representative of the police department. Majority of contacts between
the public and police occur between the citizens and the patrol officers. The first and foremost police
element is patrol; all other units exist to augment and support this function. This is the only police
element to be distributed in a geographic manner calculated to provide rapid service anywhere in the
jurisdiction.
Patrol provides the initial response for every event requiring police presence; whether this is a major
crime, serious injury, or minor civil disturbance. The patrol officer is the only member of the police force
to be involved in practically every incident calling for police action.
DEFINITION OF "PATROL"
There are more or less two basic connotations of the term patrol.
1. Patrol may refer to the regular tour made by a guard in a place in order to protect it or to maintain order.
2. Patrol could mean a person or a group (such as a police or military unit) sent to carry out a tour of duty
in a certain place with a particular mission either for reconnaissance purposes or simply to provide
protection.
In a police force/department, the primary goal of the patrol unit is "maintain order and protect life and
property". Maintaining peace and order while protecting life and property is actually the most basic role of
the government. Hence, the government create or establish the police force to perform these activities.
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The objectives of the patrol unit are the following.
1. Preventing crimes: The police attempt to prevent crime by trying to create a sense of omnipresence
through routine patrol; responding to calls by citizens with problems that may cause crime; and
establishing and participating in police-citizens partnerships designed to prevent crime.
2. Arresting and prosecuting offenders: Arresting offenders and assisting prosecutors in bringing
charges against defendants is one of the primary methods used by the police to maintain order and
protect life and property.
3. Recovering stolen and missing property: When people find property on the street, they generally
bring it to a police officer or to a police station. When people lose property, they generally go to the
police station in the hopes that someone has turned it in. Besides all of their other duties then, the
police serve as society’s foremost lost and found department.
4. Assisting the sick and injured: Because they are available seven days a week and 24 hours a day
and because they are highly mobile, the police generally are the closest government agency to any
problem.
5. Enforcing non-criminal regulations: When government offices close, the police become roving
representative of the government who assist people with problems no one else is available to handle.
When lights go off in an apartment building, the water main breaks, people call the police.
6. Delivering services not available elsewhere in the community: The police respond and take
whatever actions they can to ameliorate problems and deal with emergencies. They direct traffic,
evacuate residents, and decide whom to call for assistance.
Because of the diverse activities performed by the police, particularly the patrol unit in their daily contact
with the public, their responsibilities are categorized into two, namely:
1. Law enforcement (this embraces crime prevention and crime control role, including the customary
police functions)
2. Order maintenance (peace keeping on community service role or social services)
Sometimes, while performing a mediator’s role in a family squabble, the responding patrol officers may
subsequently take police actions if:
Why do citizens usually call first the police when a social problem occurs?
Traditionally speaking, these are the reasons. Because the police are:
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2. dependable when called upon; and
3. capable of providing advice to decide/settle interpersonal conflicts.
o information services
o police escort
o assisting other agencies
o serving court notices (warrants)
BASIC PATROL THEORIES
In order to perform his duties and responsibilities, the patrol officer must apply the basic policing theories.
Among the fundamental policing theories, the two theories describe below seem to be conflicting with each
other.
1. Theory of Police Omnipresence: High police visibility discourages criminals. Obvious presence of patrol
officers causes criminals to stop executing whatever plans they have.
2. Low Police Profile Theory: Low police visibility increases the opportunity to apprehend criminals.
Deceptive absence of the police officers on patrol will let criminals believe that they will not be detected
or caught if they execute their plan to commit crime. The patrol objective based on this theory is to
attract as little attention as possible while doing their patrol duties.
1. When speed and mobility are needed such as in a large area that must be covered by few officers, the
speed of the patrol car allows them to service the whole area and do so efficiently.
2. Mobile patrol is of claimed as the best means of preventive enforcement. With its distinctive colors, red
light and doors insignia, patrol car is very effective in deterring criminal activity by making people
conscious of the presence of police enforcers, and by creating an awareness of punitive action.
3. The patrol car offers not only physical protection to the officer but is brings some kind of psychological
security. It protects him from the weather and to some extent from traffic in that he would probably
suffer less if hit by another car while he is in the patrol car than he would if he is walking.
4. The patrol car permits the officer to carry extra equipment such as rain gear, extra clothing, first aid
equipment etc.
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5. Patrol vehicles can be used as barricades in roadblocks, and they also offer a higher degree of safety
during pursuit of criminals.
1. The preventive enforcement is doubled by having as many police car on the street.
2. When the officer is alone, he devotes his full attention to his driving and the beat rather to the
conversation with his partner.
3. Personality clashes are reduced. Riding in a small patrol car with another person for eight hours will
soon reveal most of his faults. In a short time these faults can get on the other person’s nerves.
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* In a 2-man car patrol, the officers begin to rely on each other, and as a result of human error, an officer
expects support when it isn’t there. A man alone develops self-reliance.
* In the 2-man car patrol, an officer will take more chances than if he is alone. He apparently builds a false
sense of security, and sometimes acts without caution because he does not want to appear to be a coward
in front of his partner.
1. A 2-man car patrol provides the officer with a greater safety factor doubling the manpower and the
physical protection.
2. The mistake that one-man makes may be checked by his partner.
3. One officer does not have to drive a full eight hours, and therefore, he is physically fit and can do a
better job. The variety of tasks makes the job more interesting.
4. Two pairs of eyes are better than one. It is difficult to drive in our present traffic let alone devote much
attention to what is going on around us while we are driving.
5. One-man can operate the radio while the other drives.
6. On quiet nights the driver can have someone to talk to and help keep him awake. Morale is improved
through companionship.
https://www.topgear.com.ph/features/feature-articles/the-definitive-history-of-ph-mobile-patrol-groups-a52-
20180828-lfrm#:~:text=By%20the%20mid%2D1946%2C%20provincial,originally%20allotted%20to%20the
%20MPC.&text=It%20eventually%20established%20the%20Traffic,the%20highways%20in%20late
%201954.
The horse patrol is one of the oldest types of patrol next to walking (foot patrol). Until today, there is still
need for horse patrol in areas where the terrain is steep and rough thus cannot be accessed thru mobile
patrol.
The disadvantage of the horse patrol is the cost of stables and upkeep, including their limited use in urban
areas. They are not much good at chasing criminals who are fleeing using a motorized vehicle. Moreover,
they require close physical attention for grooming and feeding, which makes it more expensive compared
to mobile patrol thru the use of cars or motorbikes.
The following are some of the most common uses of horse patrol.
1. Park patrol
2. Beach patrol
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3. Posse and search duty: Any community that is close to, or part of mountainous area has the problem
of chasing down escaped or wanted person who have fled to their areas. They also have the problem
of children, hunters and fishermen becoming lost in those areas. The mounted posse is undoubtedly
the best means of locating these persons when used in conjunction with the helicopter.
3. Parade and crowd control: The horse also provides its rider with higher and better plane of vision than
the driver of a patrol car,
DOG/CANINE/K-9 PATROL
History shows us that dogs have been used as means of personal protection throughout recorded history.
During world war 2, the military on all sides widely used dogs as a means of security and protection. The
Egyptians were the first to use dogs in patrolling.
In the US, dogs have been used in police patrol since 1900. In April 1957, Baltimore was the only
American police force that used trained dogs handler teams on patrol. As of April 1968, about 200 police
agencies used a total of 500 man dog teams in police patrol work.
The key to the successful use of police dogs in patrolling is based first on the understanding and
willingness of the handler; second is, on the proper selection and training of the dogs; and finally is, on
preparing the general public.
To become a dog’s master or handler, the officer must first of all have an understanding of animals. He
must be willing to make personal sacrifices in keeping the dog, as must his family.
The selection and training of dogs is very important, and can present many problems. Not all breeds of
dogs are suited for police work. Even among those most suited for police work there many that didn’t work
out. The type of dog that so far seems to be the best suited for all round police work is the German
Shepherd.
The use of dogs can work out fine, but if the public thinks that they are a danger to the community as well
as to the criminal, they will not last. A well planned public relations campaign must be conducted to show
the general public that the police dog is gentle except when commanded by his master, and that his use will
be restricted to the more serious offenses. A poorly informed public can imagine all sorts of misuse of
police dogs such as attacking traffic offenders and the like. They must be informed through proper press
coverage and public demonstrations.
1. Provide great assistance in search and rescue as well as in smelling out drugs and bombs.
2. Provide protection for one officer patrol.
3. Great value in crowd control. Trained dogs are fearless and loyal to their handlers have a significant
psychological effect on would-be trouble makers.
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4. Extensively used in international airports to detect narcotics and bombs because of their keen
sense of smell. A dog is capable of recognizing an odor 10 million times better than a human can.
5. Specially trained dogs are extremely effective in finding bodies dead or alive, just buried or buried for
years.
6. Locating trapped people during emergencies.
7. Can be an asset to public efforts. Well trained police dogs can be used for demonstrations in public
affairs, schools, or parades.
What breeds of working dogs are best suited for police works? (Based on a research conducted in the
US)
1. German Shepherds – the most frequently used and highest scoring dog for police work.
2. Black Labrador retrievers and Giant Schnauzers
3. Rottweilers, Doberman pinschers
4. Bouviers and Newfoundlands
5. Airedale terriers
6. Alaskan malamutes
*However, this list might be disputed by some police organizations in other parts of the world.
AIRCRAFT PATROL
Among the more recent trends in patrolling is the use of aircraft, either helicopter or fixed-wing. Today, it
has become necessary for the police use aircraft in performing both routine and specialized patrol
activities. The use of aircraft is not totally new. In 1925, the Los Angeles County Sheriff Department has
already formed a volunteer Reserve Aero Squadron. Full-time Aero detail is still an official unit in this police
department today. Before 1929, the New York police department began using aircraft. In 1947, the New
York Port Authority began using helicopters for surveillance, transportation, and rescue. Other cities and
state agencies in USA have employed helicopters, usually during daylight hours. In 1986, the state of
California developed an experimental program using helicopters for police patrolling known as SKY
KNIGHT. During the latter part of 1959, the Public Safety Department of Dade County in Florida used the
aerial patrol concept. At present, it is effectively utilizing fixed-wing aircraft and helicopters in regular
patrols to prevent crime and apprehend offenders or engage in surveillance activities.
1. Able to travel at low speeds, to hover if necessary, and to land even in small patch of flat land.
2. Increased visual range/scope.
3. More efficient for rescue, medical evacuation, surveillance, and other high profile police activities.
4. Improved response time to emergency calls and other called-for service
5. Increased rate of apprehension of professional and organized crime groups.
6. Improved efficiency of regular patrol units through airborne reconnaissance.
7. Increased ability in conducting searches for missing/lost people suspected offenders and escaping
prisoners.
8. Provide a better system of flood lighting areas to be patrolled at night.
9. Capable of broadcasting information to a large area through airborne speakers.
10. Provide rapid emergency transportation of personnel.
11. Added security to patrol officers on foot, motorcycles or in patrol cars through backup offered by aerial
patrol.
1. Very expensive – high cost of training of pilots/operators, buying, fuel, and special facilities for housing
and maintenance.
2. Public complaints about the noise and about being spied upon.
3. Forcibly grounded during bad weather; smog and light or intermittent clouds affecting visibility.
4. Presence of various hazards especially in congested areas.
5. There are landing patterns or procedures that must be followed, which delays landing time.
6. Pilots must work shorter periods of time than regular police shifts since driver of helicopters easily suffer
work fatigues.
7. There are many tactical problems to overcome such as location of police units on ground and the exact
location of addresses.
8. Element of surprise is lost since criminals could hear the helicopter coming even from a great distance.
BICYLE PATROL
Bicycle patrols are more common in temperate urban areas where limited coverage areas are available.
The use of bicycles instead of cars can make police officers more easily approachable, especially in low-
crime areas. Bicycles can also be issued to police officers to enhance the mobility and range of foot
patrols. Bicycles can also be effective crime-fighting tools when used in densely populated urban areas.
The bikes are nearly silent in operation and many criminals do not realize that an approaching person on a
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bike is actually a police officer. Furthermore, if the criminal attempts to flee on foot, the riding police officer
has a speed advantage while able to quickly dismount if necessary.
In the Philippine setting the bicycle patrol was once introduced by the Man ila Police in 1939 to augment
the foot patrol coverage in parks and residential areas. Unfortunately, when two patrol officers were killed,
one was stabbed when chasing in his bicycle a bag snatcher at the Luneta Park, while the other one was
sideswiped by a bus. Bicycle patrol was abandoned it was then considered hazardous.
In this overview video, you will pick-up more information about the advantages (and disadvantages as well)
of bike patrol.
MOTORCYCLE PATROL
Although the use of motorcycle has lost ground to the use of patrol cars in recent years, their need in
congested traffic will insure their continued use as a form of police patrol. The two-wheel motorcycle is
quite adaptable to traffic enforcement, parades and escort duty. It has disadvantages of being used only in
fair weather, of causing a greater number of accidents that are usually quite serious, and in the long run
costing the department almost as much as a patrol vehicle despite the apparent low rate cost.
The chance of a motorcycle rider being injured is nine times as great as that of the driver of an automobile.
He is also four times likely to be killed than police officer riding in an automobile.
The three-wheel motorcycle is used almost exclusively in the enforcement of parking. It has the
disadvantage of not providing the rider with protection against the weather.
Marine or water patrol units, aside from being a highly specialized form of police patrol, is likewise
expensive to maintain. In the early years of the PC/INP integration, it was the Western Police District who
introduced this type of patrol in police work.
The objective was to use the watercraft in the anti-smuggling operations along the Pasig river and Manila
Bay as well as against robberies committed in bonded warehouses located along the riverbanks. However,
because of the expenses incurred in its operation and maintenance did not compensate the advantages,
police use it became inoperative.
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Water patrol units are extremely specialized and are not in great use except in areas with extensive coasts
or a great deal of lake or river traffic. The objective was to use the water vehicles in anti-smuggling
operations as well as against robberies committed in warehouses along riverbanks or water ports.
Like aircraft, boats are expensive to buy, operate and maintain. Further, those who operate them must
have special training. Nonetheless, boats are the best means to effectively control violators of water safety
regulations as well as to apprehend drug and gun smugglers. They are also valuable in rescue operations
during times of flooding as well as in dragging operations for drowning cases.
Obviously, the patrol unit is the most vital component of every police department. The following statements
give justification to the importance of police patrol:
As emphasized by statements 3-6, patrol officers have a delicate role as members of the police
department. Their attitude, decisions and action is the reflection of their organization. Out of 100
personnel in one police department, if 1 or 2 patrol officers behaved badly, the whole police department will
be seen by the public as bad organization. Hence, every patrol officer should exercise the so-called "police
discretion.
POLICE DISCRETION
Discretion is the wise use of one’s judgment, personal experience and common sense to decide a
particular situation. The police are decision makers, and most of the decisions they make involves
discretion. Discretion is part and parcel of the police role.
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The policeman on the beat, or in the patrol car, makes more decisions and exercise broader discretion
affecting the daily life of people everyday, and to a greater extent in many respects than a judge who
will ordinarily exercise in a week. No law book, no lawyer, no judge can readily tell how the police officer
on the beat exercise his discretion perfectly in everyone of the thousands of hour to hour work of a
police officer.
Police officers are trained to be self-reliant and instant decision-makers. Most of the decisions they
make involve discretion. The police exercise discretion whenever they must use their own judgment
and personal experience in deciding when to act when confronted with specific situations.
Should there be full enforcement of the law by the police or can selective enforcement be restored to as
a result of discretion. The fact of the matter is that the police do not enforce all laws all the time against
all law violators.
For more information about police discretion, read the content of this webpage
- https://www.encyclopedia.com/articles/police-discretion-definition/ (Links to an external site.)
Several factors can be attributed for the lack of full, strict, or total law enforcement such as:
There are major problems/issues that can arise from uncontrolled discretion. These include, but not limited
to, the following.
a. External factors:
b. Internal factors
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higher pay
endorsement by higher authorities
Operational level decision makers’ judgments are governed by the same kinds of influences that affect
decisions of higher level administrators. But, because officers operate within a much smaller political
sphere, they find their relationships with the more limited community potentially more intense. The
reciprocal impact of both officer and community becomes clearer. It is easier to “bargain” within these more
intimate relationships.
a. Community input: If citizens do not report crimes to the police or summon on officer when service is
needed, police will intervene only in those situations that they personally observe. Witnesses and victims
who do not cooperate with the police limit police discretion.
A common reason why citizen do not report auto accidents or burglaries to the police is that their insurance
might be cancelled or their rate increased if the report is made. Conversely, they might report if they
believe such report is necessary in order for them to collect the insurance. The relationship between the
victim and offender and the attitude of the citizen toward police also have a great influence on the
willingness of the citizen to report. In a sense, the community members express their expectations to
police in their interactions with them … . The clearer the statement, the better police can structure their
discretion to meet the community’s need.
b. Situational factors: Several studies have found specific situational factors to be influential in
discretionary decision making. Major factors include the attitude and appearance of the offender, political
factors such as community attitudes, pressures, and biases.
Another important factor is, whether the situation is on view ( one that the officer has been and in which he
or she intervene without invitation) or , is one to which the officer was summoned by citizens.
personal values
pressure of police supervisors and peers
personal perception of what alternatives to assess are available
An officer who grew up in a conservative environment may find decision making in a liberal environment
uncomfortable. Routinely, the officers will be required to “assess” cultural and social engineer at the
moment, in his discussion of police use of deadly force, points to an apparent correlation between attitudes
of violence in a community and use of deadly force. Where high rates of police violence existed, he found
high rates of citizen against police violence also.
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d. Educational and experiential factors: College-educated police recruits were slightly more likely to
choose alternative to arrest. Their findings suggest that education does have some effect upon
discretionary decision making.
The police officer may stop an individual for the purpose of conducting a spot check/ accosting only
when reasonable suspicion exists.
Reasonable suspicion must be more than just a hunch or feeling. In justifying the stop, the police
officer must be able to point to specific facts.
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 time and place proximate to an alleged crime;
7. The police officer has knowledge of the suspect’s prior criminal record involvement in criminal
activity; and
8. The individual flees at the sight of a police officer.
1. The type of crime believed to be committed by the subject, particularly crimes of violence where the
threat of use or use if 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 firearm or othe deadly weapon; and
7. Whenever possible, pat-down searches be performed by police officers of the same gender.
Fundamental guidelines
PNP motto: “TO SERVE AND PROTECT” the public (refers to Filipino community/ society)
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The primary OBJECTIVE of patrol activity is to prevent the commission of crime. How? By destroying the
opportunity of the potential offenders thru constant and alert patrolling.
Preventive enforcement
o Can be done thru progressive and continuous patrolling
Selective enforcement
o Can be done thru structured research and investigation
Before deploying their men, they should do a briefing to clarify the priority of the patrol operation
Crime prevention (the most basic police function) (the technique of eliminating the desire of the
people to commit crime, it involves a set of action intended to reduce or remove the risk of crime
and the harms associated with the commission of crime)
Crime suppression (police activity intended to stop the actual commission of crime. It involves a
technique of eliminating the opportunity of the people to commit crime.)
Crime deterrence (a specific action which reduces or inhibits the likelihood that a crime is about to
happen)
Police intervention (providing social services) ex. Providing assistance to senior citizens
CRIME DETERRENCE
o A specific action which reduces or inhibits the likelihood that a crime ill occur
o Focus on current situation
o The idea is to create barriers which constrain deviant and criminal behaviors and by
extension of this logic to facilitate or encourage conforming and law abiding behavior. There
is no concept supervasive in criminology than deterrence because it is implied in every
theory and perspective about crime. in fact, deterrence was already studied and practiced
even before the development of criminology as a science
CRIME PREVENTION
o A set of actions intended to reduce or remove the risk of crime and harms associated with
the commission of crime.
o Focus on futuristic situation
FUNDAMENTAL GUIDELINES
Patrol personnel should constantly apply the fundamental theories of crime prevention.
Such as:
o Crime deterrence theory
o Police visibility
o Police omnipresence
o Low profile theory
2 aspects
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o Specific deterrence
Punishment imposed on the individual offenders will deter or prevent that particular
offender from committing crimes in the future
o General deterrence
Public knowledge that certain offenses will be punished as a generalized deterrent
effect which prevent others from committing crimes.
The police must be present everywhere at all times. It promotes the idea that high police
visibility discourages criminals. It requires that the police must be present everywhere at all
times. The presence of police should not be seen only but felt as well by the public at
anytime and everywhere in any place. Omnipresence is than visibility but all obvious may be
visible but the presence of the police or the peace officers is not felt by the public. If patrol
officers are visible and they represent the law or they manifest the so called legal authority
and that the people trust and respect the police, then their physical presence should be
enough to deter individual from misbehaving and violating the law. trust and confidence
therefor of the people will develop if patrol officers are visible and they exhibit
professionalism.
Low police theory increases the opportunity to apprehend criminals. Deceptive absence of
the police officers will let criminals believe that they will not be detected or caught if they
execute crimes that they have planned. In this theory, the patrol objective is to attract as little
attention as possible while on the process of patrolling.
FUNDAMENTAL GUIDELINES
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In the crime prevention, the basic psychological tool of the police are visibility and
omnipresence.
o Principle of visibility and omnipresence are applied by the police for the purpose of:
Making their presence felt
Giving a feeling of security to law abiding citizens
Providing a feeling of fear to the potential offenders.
o Police visibility and omnipresence becomes effective if patrol officers fully understand
the anatomy of crime and the formula of crime.
Remember that the primary objective of patrol activity is to prevent the commission of the crime and this
can be done by destroying the opportunity of potential offenders through constant and alert patrol.
In the principles of crime anatomy and their formula, opportunity is a vital element
Anatomy of crime
Crime takes place if the 3 elements or ingredients are present at the same time and place:
o Instrumentality- the means or instrument used by a criminal. It includes the plan of the
criminal
o Motive- the reason or caused by offenders to commit crime. In other words, motive refers to
the purpose or aim of doing something
o Opportunity
Chance or ‘twist of fate’
Consist of the acts(whether by omission or commission) by a person (the victim) that
enables another person or group of persons (the offender/s) to perpetrate the crime.
Leaving one’s home or car unattended for a long time gives opportunity for the criminals particularly
robbers, thieves, and even carnappers.
Walking all alone in a well-known crime-prone alley gives opportunity for hold uppers
Formula of crime
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Crime takes place if a person with high criminal tendency is given an opportunity to accomplish his evil
intention and he cannot resist the temptation to satisfy his maliscious motive/s.
A patrolman must bear in mind that s/he is more than just a police officer on the street. He must remember
always that s/he is police department itself.
A police officer in the frontline must keep in mind that s/he does not represent only the police department.
The patrolman on his beat is the symbol of every existing government bureau.
Proactive patrol: This is the more economical alternative patrol system, which has an objective
approach against criminally as much as practicable. It addresses crime at its very root before it is able
to develop into a felonious act. It focuses on the prevention of crime.
Reactive Patrol: This is the old system of police patrol activity which consists of continuously driving
around the area of patrol waiting for something to happen and to react accordingly in case something
does happen. It usually focuses on apprehension of criminals.
If a department’s goals are clear, and if the department has kept accurate records on calls for service and
on crimes committed in the community, then based on this data, patrol times should be effectively
structured to provide the best service and protection possible. This practice is most commonly referred to
as directed patrol.
Directed patrol use the police officer’s discretionary patrol time to focus on specific department goals.
These goals are often identified through problem-oriented policing (POP)– that is grouping calls for
service to identify specific goals.
High visibility – application of the theory of police omnipresence, marked patrol cars and uniformed
police personnel.
Low visibility – application of the theory of low police profile, unmarked patrol cars and sometimes non
– uniformed personnel.
Team Policing
This is a grassroot approach undertaken to bring the people and the police together in a cooperative
situation.
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Decoy Patrolling
One of the primary purposes of police patrols is to prevent crime through the creation of sense of
omnipresence; potential criminals are deterred from crime by the presence or potential presence of the
police officer. Obviously, omnipresence does not work well. We have crime both on our streets and in
areas where ordinary police patrols cannot see crime developing, such as the inside of a store or the
hallway of a housing project. Additionally, we have seen that retroactive, investigations of crimes with the
intent to identify and arrest perpetrators, is not very effective. Decoy operations take several forms.
Among them are blending and decoy. In blending, officers dressed in civilian clothes try to blend into an
area and patrol it on foot or in unmarked police cars in an attempt to catch a criminal in the act of
committing a crime. Officers may target areas where a significant amount of crime occurs, or they may
follow particular people who appear to be potential victims or potential offenders. In order to blend officers
assume the roles and dress of ordinary citizens - - construction workers, shoppers, joggers, bicyclists,
physically disabled persons, and so on—so that the officers without being observed as officers, can be
close enough to observe and intervene should a crime occur.
In decoy, officers dress as, and play the role of, potential victims –drunks, nurses, business people,
tourists, prostitutes, blind people, or defenseless elderly people. The officers wait to be the subject of a
crime while a team of backup is ready to apprehend the violator in the act of committing the crime.
Module5 Overview
So that law enforcers can fulfill their basic responsibilities to detect and deter crimes, apprehend criminals,
and thus serve and protect the community, they must continue to search for and implement new and better
policing strategies.
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Take note that no single policing strategy can work well in all cases or in every police jurisdiction.
The choice of the particular policing strategy, or combination of strategies, to be employed will depend on
the following:
Most people think that the role of the police is to maintain peace and order by preventing crime and
arresting criminals. If the job of the police force is as simple as that, then basically they should use two
strategies – preventive policing and reactive policing.
Reactive policing simply involves the practice of responding to citizen's call for service. If a citizen calls the
police, police officers must respond to the call and take appropriate actions. In this policing approach,
police generally do not take initiative. Reactive policing generally involves the law enforcement officers
responding after a crime has been committed, accomplishing a report about the incident, and investigating
if necessary.
Preventive policing approach is anchored on a common-sense mindset and that is “prevention is better
than cure”. Sir Robert Peel may have established the guiding principle of preventative approach to policing
back in 1829 when in setting up the Metropolitan Police, he said, “it should be understood at the outset that
the object to be attained is the prevention of crime. To this great end, every effort of the police is to be
directed.”
For the last two centuries, many police forces in Westernized countries tried to anchor their policies in
preventive policing in accordance to the ideals of the ‘founder of modern policing’. However, the ability to
achieve the true essence of this policing approach had been very challenging. Around the world, reacting to
crime after it has happened has often become the default mode of policing. It is easy to see why. There is
an appealing clarity of mission for officers in focusing on tackling crime that has already been committed
and for police managers in having an activity that can be more easily measured and managed than crime
prevention.
In the early decades of this century, there is swinging back to the principles of preventive policing.
Countries are beginning to view prevention as “the primary purpose of policing”, placing focus on how to
make it harder for offenders to commit crimes in the first place rather than finding ways to catch those who
already commit crimes. Several factors are now being researched to fuel the enhancement of this
preventive approach in policing. As early as 1970s, a research was conducted to study preventive policing
approach.
To help you build your point of view regarding preventative approach to policing, study the
contents of this article:
When the police attempt to prevent crimes before they happen, they might be applying simply the
preventative approach strategy. However, they could be using a modification of this approach which is
proactive policing. Proactive policing requires the police to engage in such practices as field stops, field
inquiries, stop and frisk, motor vehicle stops, and undercover operations. When police engage in such
practices they are attempting to prevent crimes from occurring. In areas where proactive policing is
employed, crime tends to decline because the criminal element is fearful of not only the presence of the
police, but of the officers likelihood of approaching and engaging parties hanging around a neighborhood,
sitting in cars or acting suspiciously.
Proactive policing along with community-oriented policing are proven practices in reducing crime and
keeping people safe.
While the research evidence in the Kansa City Preventive Patrol Experiment seems to indicate that the
mere presence of uniformed officers in an area does little to deter crime, the same cannot be said of more
aggressive patrol strategies. Proactive patrol operations shift from random to targeted. Specific types of
offenders, specific places, and specific types of victims can be considered. Myriad tactics fall under this
general philosophy. Undercover operations, the use of informants, using decoys, saturating problem areas,
and frequent patrols of “hot spots” are just a few examples.
An important argument in how to better utilize patrol is that random patrols do not work well because crime
is not a random phenomenon. While it may seem fair, giving every neighborhood in a city an equal amount
of police time and resources is horribly inefficient. A smarter use of resources is to concentrate police
resources in high crime areas, and limit resources in areas that experience very little crime. Research
evidence suggests that this strategy does indeed have a positive impact on crime. Researchers found that
the 911 system received a heavy amount of calls for service from a small number of locations. Brief periods
of intensive patrolling in those high crime areas effectively reduced robberies and other crimes.
Other strategies, such as those used in the San Diego Field Interrogation Study, have shown that
aggressively interrogating suspicious persons can lead to a reduction in both violent crime and disorder.
The New York City Street Crimes Unit has had success using decoys to apprehend repeat offenders. By
having an undercover officer play a “perfect victim,” officers were able to increase dramatically arrests of
muggers.
Digest the findings of the researchers in the "San Diego Field Interrogation Study". to
enhance your understanding on proactive approach to policing.
You may use this link - https://www.policefoundation.org/publication/san-diego-field-
interrogation-final-report/ (Links to an external site.)
or other available links to the documented results of this study.
The traditional model of policing was decidedly reactive in nature. The primary methods used by police
were preventive patrols and retroactive (post-factum) investigations. Early efforts at innovation were
designed to be proactive, but they focused on the deterrence of crime through a limited “toolbox” of arrests,
summons, and citations. Recent decades have seen a shift in focus, due in large part to the confluence of
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two major developments in how both practitioners and academics viewed policing. The first was Problem-
Oriented Policing (POP), and the other was a broader philosophy that would include POP, known
as Community-Oriented Policing (COP).
Problem-oriented policing began with a seminar article published by Herman Goldstein in 1979. Goldstein
essentially suggested that the basic, most fundamental job of the police was to deal with community
problems. To do this job effectively, the police needed to develop a much larger toolbox, and a much more
sophisticated method of detecting, analyzing, and ultimately solving these problems. This seminal article
led to an explosion of interest and publication in the emerging field of problem-oriented policing. The
research suggested something extraordinary about POP: it actually worked.
A major tool in the analysis of community problems is the Problem Analysis Triangle. The idea of the
crime triangle is to depict graphically depict the interaction between the features of the victim, the features
of the location, and the features of the offender. As Spelman and Eck (1989) point out, 10% of crime
victims are involved in up to 40% of victimizations, 10% of offenders are involved in 50% of crimes, and
about 10% of addresses are the location for about 60% of crimes. This suggests that a focus on a few high
volume victims, offenders, and locations can maximize the impact of scarce police resources.
1. to prevent and control conduct threatening to life and property (including serious crime);
2. to aid crime victims and protect people in danger of physical harm;
3. to protect constitutional guarantees, such as the right to free speech and assembly;
4. to facilitate the movement of people and vehicles;
5. to assist those who cannot care for themselves, including the intoxicated, the addicted, the mentally ill,
the physically disabled, the elderly, and the young;
6. to resolve conflict between individuals, between groups, or between citizens and their government;
7. to identify problems that have the potential for becoming more serious for individuals, the police or the
government; and
8. to create and maintain a feeling of security in the community.
Problem solving is proactively identifying problems and making decisions about how best to deal
with them
Community policing is a proactive rather than reactive.
The problem-solving approach to policing involves looking at the problem as well as efficiency and
effectiveness in addressing the problem.
Problem defined
o Problem-oriented policing (POP)
Department-wide strategy
Solving persistent community problems
Grouping incidents to identify problems and underlying caused
o Problem
Cluster of similar, related, or recurring incidents
Substantive community concern
o CHEERS
Community, Harm, Expectation, Events, Recurring, Similarity.
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From incidents to problems
o Incident
Isolated event that requires police response
o Problem-solving policing
Requires police to group incidents
Identifying underlying causes of problems
Problem-oriented policing and community policing
o Community-oriented policing
Police investigate problems as well as incidents
Defining a problem by public opinion
Working with good guys and bad guys
o Evidence of importance of problem-oriented policing to community policing
Center for Problem-Oriented Policing (POP Center)
Being efficient and effective
o Efficiency
Minimizing waste, expense, or unnecessary effort
High ration of output to input
Doing things right
o Effective
Producing the desired result or goal
Doing the right things
o Magnet phenomenon
Phone number or address is associated with crime because it is convenient.
Incident are overt symptoms of problems
o Problem solving
Group incidents as problems
Combine steps a police department can take with theoretical assumptions
Scanning and analysis
o Scanning
Identifying recurring problems
Prioritizing
o Analysis
Examines identified problem’s causes, scope, and effects
o A problem analysis guide
Considers the individuals involved, the incidents, and the responses
Response by law enforcement
o As many ways to handle an incident as there are officers
o May be very imaginative
o Many responses are highly routinized
o Most prevalent responses to identify problems are conventional strategies such as
enforcement and patrol
Assessing response to problems
o Process evaluation
Determines if the response was implemented as planned
o Impact evaluation
Determines if the problem declined
The SARA model in action
o Scanning
o Analysis
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o Response
o Assessment
ETHICAL DECISIONS
o Dilemmas-options-consequences (DOC)
Challenges officers to carefully consider their decisions along with the short- and ling-
term consequences
The goal is to fuse problem solving and morality
o Government may overreach
o Entrapment issues
Not all calls require law enforcement
o Mediation
Intervention of a third-party into an interpersonal dispute
Third-party helps disputants reach a resolution
Often termed alternative dispute resolution (ADR)
A more precise strategy
o Crime-specific planning involves reviewing:
The offense
The target
Impact
Response
o International Association of Crime Analysts (IACA)
Advance group
Promotes professional standards, practical educational opportunities, and an
international network
Computer software for probability assessments
Compstat
o Computer or comparative statistics
o Four core components
Accurate and timely collection of data
Rapid deployment of personnel and resources
Effective tactics and strategies
Relentless follow-up
o Not everyone finds CompStat effective and ethical
Technology should not:
Diminish appropriate and necessary officer discretion
Or form the basis for illegal productivity goals and quotas
Crime mapping
o Hot spot
o Crime hot spot theories
Place theory
Street theory
Neighborhood theory
Other large area theory
o Mapping in practice
Identifies hot spot
Used to track sex offenders
Enhanced by geographic information systems (GIS)
GEOGRAPHIC INFORMATION SYSTEM
o Enhances traditional mapping by adding information from various other databases
o Correlate crime with:
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Vacant housing units, pars, or schools
Income level of a census tract
Patterns of car thefts
Locations of chop shops
GEOSPACIAL STATISTICAL ANALYSIS
o Allows analysis to identify areas statistically similar to locations where prior incidents have
occurred
o Characterizes the locations associated with past events
Creates a model that incorporates environmental factors statistically associated with
past incidents.
o Routine activity theory
Crime occurs at the intersection of a motivated offender, a suitable target, and an
absent of ineffective guardian.
Geographic profiling
o Calculating probabilities of a suspect’s residence
Uses complex mathematical algorithm and locations of past crimes
o Least-effort principle:
Criminals tend to commit acts of crimes within a comfort zone located near but not
too close to their residence
Summary
o A problem-solving approach requires police to group incidents and identify underlying
causes of problems in the community.
o Analysis should take into account in the magnet phenomenon, efficiency, and effectiveness.
o Problem solving:
Group incidents as problems
SARA model- scanning, analysis, response, and assessment
o The DOC model (dilemmas-options-consequences) challenges officers to carefully consider
their decisions as well as the short- and long-term consequences of those decisions.
o Crime mapping shifts the focus from the criminal to the location of the crimes.
COMMUNITY POLICING
o It is often regarded as one of the most significant trends in the history of American policing.
o Scholars and practitioners suggest that community policing continues to evolve.
o As society’s needs change, so do the methods it uses to “keep the peace”
o Efforts to involve the community are occurring throughout the entire criminal justice system.
Building relationships and solving problems
o An organization-wide philosophy and management approach that promotes:
Community, government, and police partnerships
Proactive problem solving
Community engagement to address the cause of crime, fear of crime, and community
issues
Tithing system
o Anglo-Saxon principle of collective responsibility
Frankpledge system
o Required all freemen to swear loyalty to the king’s law and maintain local peace
Hue and cry
o Summoned citizens to pursue and capture any wrongdoer.
The beginnings of ‘Modern Police Force’
o Metropolitan police act
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o Sir Robert Peel proposed appointing civilians to be paid by the community to serve as police
officers
o Interdependency of the police and public; prevention of crime and disorder
Redefining the role of officer
o Regular contact between officers and citizens
o Well-defined roles
o Both proactive and reactive policing/full-service and direct-service officers
o Citizen cooperation in setting police agendas
o Police accountability
o Officer as a leader and catalyst for change
The philosophical dimension
o Citizen input
o Broadened function
o Personalized service
Strategic dimension
o Reoriented operations
o Geographic focus
o Prevention emphasis
The tactic dimension
o Positive interactions
o Partnerships
o Problem solving
Core principles that guide fair and democratic policing:
o Engage the community to create and maintain trust
o Maintain rights to privacy while protecting national security
o Take diversity into account when devising police strategies
o Commit to police integrity and combatting racially biased policing
o Build successful working relationships between law enforcement and the media
o Encourage openness and policing innovations through technology
Two basic themes are police-community collaboration and a problem-solving approach
“Modern” policing began with the London Metropolitan Police, based on principle set forth by Sir
Robert Peel.
Four dimensions of community policing are:
o Philosophical
o Strategic
o Tactical
o Organizational
Intelligence-led policing (ILP) is a policing business model that incorporates data analysis and criminal
intelligence into a strategy that coordinates strategic risk management of threats with a focus on serious,
recidivist offenders. It originated in the UK but has been increasingly adopted around the world.
ILP is a term now embedded in the lexicon of policing around the world. From its origins in the new public
management ethos of 1990s Britain to hurried US recommendations for ILP adoption in the wake of the
9/11 terrorist attacks, law enforcement agencies have looked to ILP as the contemporary model
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(Carter 2009 (Links to an external site.)) to integrate the intelligence function into the operations of the
police service.
How ILP Works
ILP is a practice that leverages technological advances in both data collection and analytics to generate
valuable “intelligence” that can be used to more efficiently direct law enforcement resources to the people
and places where they are likely to do the most good.
ILP also depends upon enhanced collaboration with community members who have valuable observations
and information about possible criminal activity, as well as with other law enforcement agencies.
Today, ILP is considered one of the most important law enforcement philosophies to effectively fight and
prevent crime. Due to its focus on preventing crimes before they happen, it is regarded as an essential
counterweight to past “reactive” models of policing.
Because its emphasis on data collection can lead to heightened focus on suspected offenders, past
offenders and potential high-crime “hot spots,” the practice has also raised concerns about privacy among
civil liberties advocates.
According to an article in Police Chief Magazine (Links to an external site.), specific concerns include the
idea that the practice could lead to “over-policing in minority neighborhoods” or that “tracking specific
individuals who are considered potential perpetrators … even when they have done nothing wrong, borders
on an invasion of a person’s right to privacy.”
However, proponents of ILP counter that “computer-based analysis … eliminates any bias that might be
inherent in human-based decisions,” that law enforcement agencies put in place policies and procedures to
minimize the potential for profiling and that the practice has proven to be successful and is a necessary tool
for reducing crime.
The DOJ report asserts that “without analysis, there is no intelligence” — that “intelligence is not what is
collected, it is what is produced after collected data is evaluated and analyzed,” in this case both by
computers and by law enforcement professionals.
This view is supported by Dr. Jeremy Carter, the author of “Intelligence-Led Policing: A Policing
Innovation.” Interviewed by PoliceOne.com in an article titled “10 Steps to Effective Intelligence-Led
Policing, (Links to an external site.)” Carter said, “That’s a key distinction — raw information is just
information. It’s a tip, it’s a lead. But it has to go through some sort of analytic process to become
intelligence.”
The theory behind ILP, he said, is that “you cast this wider or more encompassing net of potential
information inputs and you push that information into some type of analytic process, and the result of that
analytic process creates intelligence.”
Several specific law enforcement strategies that fall within the framework of ILP include the following:
Community-Oriented Policing
“Intelligence-Led Policing: The Integration of Community Policing and Law Enforcement
Intelligence,” (Links to an external site.) a report published by the International Association of Directors of
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Law Enforcement Standards and Training, asserts that community-oriented policing is an essential
component of ILP.
The practice of community policing, it says, has developed skills in many law enforcement officers that are
directly related to information and intelligence sharing, including:
Environmental scanning
Effective communications with the public
Citizen involvement in reporting activities
Community mobilization to deal with problems
The report emphasizes that: “New dimensions of law enforcement intelligence and counterterrorism depend
on strong community relationships.”
Hot-Spot Policing
A National Institute of Justice report on hot-spot policing (Links to an external site.) says it is now used by a
majority of U.S. police departments and involves focusing resources and crime prevention strategies on
“small geographic areas or places, usually in urban settings, where crime is concentrated.” Hot spots, it
continues, are generally defined as specific locations where “the occurrence of crime is so frequent that it is
highly predictable, at least over a one-year period.”
The partnership model also extends to collaborations within departments and with affected communities to
ensure that agencies are seeking out every possible source of valuable information.
Problem-oriented policing
A problem-oriented policing report (Links to an external site.) on the National Institute of Justice’s
CrimeSolutions.gov website describes this approach as “an analytic method used by police to develop
strategies that prevent and reduce crime.”
Identify and prioritize a specific “problem” (for example, repeat offenders, repeat victims or repeat
incidents at particular locations or hot spots)
Closely analyze the problem to determine strategies for effective responses or interventions
Follow up with focused assessment and fine-tuning to achieve maximum effectiveness
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According to the report, problem-oriented policing “overlaps to some extent” with community policing and
hot-spot policing. However, “the key ingredients in POP are the selection of a narrowly defined problem
type and the application of a wide range of targeted responses intended to reduce the incidence or severity
of that problem type.”
Reference: "What Law Enforcement Leaders Should Know About Intelligence-Led Policing." Fritsvold, E.
University of San Diego. (https://sandiego.edu/what-is-intellegince-led-policing/ (Links to an external site.))
6.1 - UN Perspective
In 2015, the UN released their Guidelines on Police Operations to spell out their fundamental principles and
approaches to police operations. These guidelines are designed to assist police components in the
fulfilment of their mandated roles, including operational support to host-State police and other law
enforcement agencies, as well as interim and other law enforcement duties whenever mandated. Except
where noted, these Guidelines assume the UN police have been mandated to perform interim or executive
policing functions while the host-State police and other law enforcement prepare to take over such
responsibilities. The purpose of this is to allow for the provision of guidance on a full range of tasks the UN
police may be mandated to undertake.
These Guidelines are applicable to all staff of the UN police components in missions led by DPKO
(Department of Peacekeeping Operations), as well as in SPMs (special political missions) led by the
Department of Political Affairs (DPA). They are also applicable in potential future roles as mission
environments and needs evolve, e.g., deployments in the context of the Global Focal Point for the Police,
Justice and Corrections Areas in the Rule of Law in Post-conflict and other Crisis Situations (GFP).
These Guidelines are also applied to situations in which the UN police are mandated to partially or entirely
fill the policing and other law enforcement vacuum while the host-State police and other law enforcement
are being prepared to take over their domestic responsibilities. They shall also apply to any operational
support tasks undertaken by the UN police and shall serve as a point of reference in contexts where the
United Nations police are mandated to assist in the capacity-building and development of the host-State
police.
UN police peacekeeping differs fundamentally from domestic policing. The difference derives from the
context of deployment; that is, a situation with an ongoing conflict, a post-conflict environment or a fragile
setting often characterized by widespread human rights violations, weak protection for civilians, including of
women and children, and increasing criminality, in which authority, power and rules for social interaction
are fluid. In most countries, police officers can take a number of conditions for granted in their domestic
policing role: that they have the authority to enforce the law; that they represent the legitimate authority of a
state and a clear set of laws; that they understand the culture and speak the language of the communities
they serve; and that their police colleagues’ training and service are similar to their own. UN police cannot
presume any of these and instead frequently work in unfamiliar environments where most, if not all,
semblance of domestic policing and other law enforcement may have either broken down or been
incapacitated by the conflict, and where they must navigate among the sometimes differing policing
approaches of colleagues from many different countries and agencies.
Missions are also increasingly multidimensional in nature, requiring UN police officers to cooperate closely
with elements that may rarely interface in a domestic setting, including the military, political, humanitarian,
human rights and other civilian components, as well as host-State and international actors.
Within this already challenging context, the nature of police peacekeeping continues to evolve and new
threats keep emerging. Contemporary police peacekeepers must perform a variety of increasingly complex
tasks mostly unforeseen at the dawn of UN police peacekeeping, including supporting the host-State police
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and other law enforcement in addressing such threats as serious and organized crime, terrorism and
corruption. In some cases, the UN police are mandated to assume either partial or full executive policing
responsibility and other law enforcement duties within a designated territory while the host-State police and
other law enforcement agencies regain functional self-sufficiency. More commonly, DPKO-led mission
mandates foresee an operational support role for the UN police, including helping the host-State police and
other law enforcement to conduct investigations and special operations and to ensure public safety, based
on overarching policing strategies that are oriented toward the communities they serve and guided by the
strategic use of criminal intelligence.
The operational support the UN police provide to the host-State police helps foster the stability and
environment needed for capacity-building and development work, which in turn strengthens the
effectiveness of joint operational activities. One such area is the protection of civilians (POC). While the
protection of civilians is the primary responsibility of the host State, in most contemporary situations one of
the UN police’s core operational roles may be to support the implementation of the mission’s protection of
civilians strategy, along with other integrated mission elements, including the military, civilian and human
rights components. In a mission with such mandate elements, the United Nations police shall be directly
responsible for the physical protection of civilians against imminent threats of physical violence, e.g.
through force projection and/or high visibility and increased patrolling. More often, the UN police provide
operational support to the host-State police in protecting civilians under imminent threat of physical violence
through on-the-spot advice on planning and conducting operations, supporting investigations into incidents
or augmenting security for internally displaced persons, as well as helping to build and reform host-State
institutions so they are able to sustainably and consistently protect their own citizens.
GUIDING PRINCIPLES
The UN police respect and protect human rights. All UN police operations – prevention, detection and
investigation of crime, protection of persons and property, and maintenance of public safety and law and
order – shall be guided by the obligation to respect and protect human rights, norms, ethics and standards
in crime prevention and criminal justice and international human rights and humanitarian law. In all aspects
of their operations, UN personnel shall ensure their compliance with human rights standards, shall promptly
record and share allegations of violations with the human rights component, and shall be prepared to
intervene, including through the use of force where mandated, to stop ongoing human rights violations and
to protect civilians. Senior police commanders shall ensure that adequate instructions are in place to guide
UN police actions when confronted with human rights violations while performing their functions. There
shall be a clear agreement and understanding of the responsibilities of the UN police and the host-State
authorities and in the provision of support to host-State police and other law enforcement agencies in
adherence to the UN Policy on Human Rights Due Diligence on UN Support to non-UN Security Forces
(2011). All UN police personnel shall be bound to observe the UN standards of conduct, including with
regard to sexual exploitation and abuse, and shall observe the national laws applicable in the host State.
The UN police shall have a legal basis for operations. UN police deployments and activities are to be based
on a legal framework. Prior to the deployment of a peacekeeping operation, a Status of Forces Agreement
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(SOFA) is concluded with the host-State government regulating the presence of the operation. The SOFA
outlines the general procedures and tactics to be employed under the provisions and authority of the
mandate. At the start-up of the mission and as guided by the mandate, the Head of Mission and the Head
of Police Component – with the mission’s legal, judicial affairs and human rights offices – should determine
what legal framework shall guide UN police activities. If a decision is taken in favor of applying the legal
framework of the host-State, the mission shall verify whether it complies with international norms and
standards in criminal justice and crime prevention, human rights and humanitarian law. If no host-State
legal framework exists or can be applied, the Special Representative of the Secretary-General (SRSG)
shall promulgate a transitional Criminal Code, Code of Criminal Procedure, Detention Act and Police Act.
The transitional Police Act shall establish, among others, the UN police authority with regard to:
The UN police cooperate with military counterparts within established limits. The military and police
shall operate jointly to accomplish common objectives or provide complementary support to their respective
functions. Both the police and military chain of command and staff should recognize this strong
interdependence in a peacekeeping environment to develop collaborative strategies and their operational
joint implementation to bridge the functional gap and ensure convergence of effort. There are important
limits to this cooperation, particularly because the police should keep a civilian profile in order to help
maintain the moral authority and public trust needed for effective policing. The ability to maintain a separate
policing profile while establishing interoperability and strong functional relationships between police and
military peacekeepers is critical to the joint success of peacekeeping operations. Where the implementation
of policing tasks requires police and military peacekeepers to act under a unified police chain of command,
special emphasis should be given to joint training; mutual understanding of police and military leadership;
and maximized and effective use of all resources for the respective policing tasks.
The UN police recognize the political context of their work. Reestablishing or restoring policing and
other law enforcement is fundamentally political, as it involves shifting power and access to key state
institutions. Control over the police enhances power and influence, for those both outside and within the
police organization. The ability of the UN police to work effectively in peace situations is dependent on their
understanding of the specific political context of the mission. The UN police shall undertake their activities
in coordination with the host-State police where possible and where appropriate in order to develop the
host-State capacities and to ensure their true ownership, as well as the sustainability of these efforts. This
cooperation could begin with the development of a compact between the UN police and the host-State
authorities to develop an operational framework, with a clear formulation of principles, involving a long-term
plan and matching strategy for public safety and police development in full compliance with the legal
framework in the host State and international human rights norms and standards.
The UN police are a community-oriented service. The UN police deploy to environments with weak,
fragile or no police legitimacy. Restoring and nurturing the consent of the public in their own police is a core
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task of the UN police. The UN police shall promote the concept of policing by consent and shall encourage
the public to become partners in preventing and detecting crime in their communities. The UN police shall
respond to the public’s security concerns, value their advice and act in a fair, honest and impartial manner
at all times, including through communications and outreach.
The UN police are a criminal intelligence-led service. The UN police shall use criminal intelligence or, in
other words, processed information on crimes and criminality, to plan, prioritize and allocate resources in
undertaking crime reduction strategies. The UN police shall work to reduce criminal activity through its
prevention, disruption and/or dismantling with both strategic management and effective enforcement
strategies that target key peace spoilers and prolific and/or serious offenders.
The UN police prioritize preventative deployments and proactive investigations over reactive law
enforcement. In a volatile, post-conflict environment, some individuals and groups may continue to seek to
undermine the peace process and to achieve illicit political and financial gains. The UN police shall attempt
to curtail illegal activities through pre-emptive and preventative deployments and shall seek to identify such
individuals and groups through analysis received from other components and the collection of information
and other data, including through dialogue with political actors, civil society organizations and community
members.
The UN police target peace spoilers through special operations. The UN police shall strive to disrupt
the activities of peace spoilers by collecting information on their criminal plans and – in accordance with the
prevailing mandate – either conduct or support the host-State authorities to undertake targeted operations
aimed at preventing and/or disrupting criminal activity of actors posing the most serious threats to peace.
The UN police and their host-State counterparts shall pay particular attention to securing the safety of
victims and witnesses and collecting their testimonies for the eventual prosecution of the suspects.
In the Philippines, most law enforcement operations are spearheaded by the PNP. But technically
speaking, law enforcement operations is just one category of the various police operations conducted by
the PNP. PNP police operations are categorized as follows:
Public Safety Operation includes search, rescue and retrieval operations, fire drills, earthquake drills and
similar operations that promote public safety.
Scene of the Crime Operation (SOCO) includes the processing of crime scene, technical and forensic
examination of evidences and similar scientific investigative assistance.
Regardless of the type of function to be performed and/or police operations to be conducted, all PNP
personnel must know by heart and shall comply with and apply the following principles and procedures:
Agency Prescribed Uniform: A police officer shall always wear the agency prescribed uniform which is
appropriate for the kind of police operation to be undertaken.
Appearing before the Public: When wearing the police uniform, a police officer shall, at all times, appear
presentable, smart and well-groomed. While on actual patrol duties, he shall refrain from eating along the
sidewalks, smoking and reading newspapers.
Carrying of police notebook, pen and Miranda Warning card: Every police officer on patrol, whether on
board a vehicle or on foot patrol, must always carry with him a police notebook, a pen and the Miranda
Warning Card. The notebook, which is approximately pocket-sized, will be used to inscribe important
events that transpire during his tour of duty.
Carrying of non-lethal weapon in the Police Rig: Every police officer shall carry in his prescribed rig a non-
lethal weapon (pepper spray, baton or stun gun), which shall be primarily used in a non-armed
confrontation with an uncooperative and unruly offender during the arrest.
Pre-operational Clearance: No police operation shall be conducted without the approval of the
Chief/Commander/Head of the concerned police unit/office. A pre-operational clearance shall be filed by
the Team Leader of the operating team/s prior to the conduct of the operation and shall be approved by the
concerned police unit commander. This clearance shall be submitted to the operations section/division of
the concerned police unit for record purposes.
Basic Requirements of Police Operations: Police operations like arrest, search and seizure, checkpoint,
roadblocks, demolition and civil disturbance management shall be conducted as follows:
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Use of megaphones and similar instruments: During actual police intervention operations, the Team Leader
shall use peaceful means including the use of megaphones or any other similar instruments to warn or
influence the offender/s or suspect/s to stop and/or peacefully give up.
Use of excessive force prohibited: The excessive use of force during police operation is prohibited.
However, in the lawful performance of duty, a police officer may use necessary force to accomplish his
mandated tasks of enforcing the law and maintaining peace and order.
Issuance of verbal warning: The police officer must first issue a verbal warning before he could use force
against an offender. As far as practicable, the verbal warning shall be in the dialect that is known to the
offender or in the national language. Basically, the verbal warning shall consist of the following: the police
officer identifying himself; his intention; and what he wants the offender to do. If the offender is a foreigner,
the verbal warning shall be done in the English language followed by a demonstrative act of the police
officer’s intent. The verbal warning shall be done in a loud and clear manner.
Non-issuance of verbal warning when excusable: The failure to issue a verbal warning is excusable in
cases where threat to life or property is already imminent, and there is no other option but to use force to
subdue the offender.
Use of non-lethal weapon: When suspect is violent or threatening, and that less physical measures have
been tried and deemed inappropriate, a more extreme, but non-deadly measure can be used such as
baton/truncheon, pepper spray, stun gun and other nonlethal weapon to bring the suspect under control, or
effect an arrest.
Application of necessary and reasonable force: During confrontation with an armed offender, only such
necessary and reasonable force should be applied as would be sufficient to overcome the resistance put up
by the offender; subdue the clear and imminent danger posed by him; or to justify the force/act under the
principles of self-defense, defense of relative, or defense of stranger.
Factors to consider in the reasonableness of the force employed: A police officer, however, is not required
to afford offender/s attacking him the opportunity for a fair or equal struggle. The reasonableness of the
force employed will depend upon the number of aggressors, nature and characteristic of the weapon used,
physical condition, size and other circumstances to include the place and occasion of the assault. The
police officer is given the sound discretion to consider these factors in employing reasonable force.
Responsibility of the police officer in charge of the operation: The police officer who is in charge of the
operation shall, at all times, exercise control over all police personnel in the area of operation, and shall
exhaust all possible means to apply the necessary and reasonable force to protect lives and properties
during armed confrontation.
Use of firearm when justified: The use of firearm is justified if the offender poses imminent danger of
causing death or injury to the police officer or other persons. The use of firearm is also justified under the
doctrines of self-defense, defense of a relative, and defense of a stranger. However, one who resorts to
self-defense must face a real threat on his life, and the peril sought to be avoided must be actual, imminent
and real. Unlawful aggression should be present for self-defense to be considered as a justifying
circumstance.
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Firing at moving vehicles prohibited but with exceptions: A moving vehicle shall not be fired upon except
when its occupants pose imminent danger of causing death or injury to the police officer or any other
person, and that the use of firearm does not create a danger to the public and outweighs the likely benefits
of its non-use.
Parameters to be considered in firing at moving vehicles: In firing at a moving vehicle, the following
parameters should be considered:
1. The intent of the suspect/s to harm the police officer or other persons;
2. The capability of the suspect/s to harm with certainty the police officer or other persons; and
3. Accessibility or the proximity of the suspect/s from the police officer and other persons.
Filing of an incident report after the use of firearm: A police officer who fires his service firearm or weapon
during a confrontation with an offender or offenders must submit an incident report outlining the
circumstances necessitating the use of his firearm.
Procedures after an armed confrontation: Immediately after an armed confrontation, the officer who is in
charge of the operation shall:
Lea4n quizzes
1. In the context of social control, law enforcement is a societal function necessary for internal
STABILITY and SECURITY.
2. According to Harry Roque (2010), a human rights lawyer and now presidential spokes person, there
is something wrong with the Ph national police. The [police organization] is viewed more as a
source of LIVELIHOOD (or INCOME) for the policemen rather than a public service institution
established to protect law and order.
3. What perspective of law enforcement recognizes the importance of all the environmental influences
in society, including international influences?
Systems approach
4. Ideally, police operations of the PNP are conducted in accordance with law to ensure that the
citizen’s right are RESPECTED and PROTECTED.
5. Which of these is a formal attempt of the prudent members of a particular community to obtain
compliance with the established rules, regulations, and laws of their own country?
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Law enforcement
6. What is the subset of law enforcement that applies to the process of regulating the general health,
safety, welfare, and morals of society as it relates to criminal behavior.
Policing
7. Law enforcement is a societal function necessary for internal stability and security. Through the
process of law enforcement, society exercises a form of SOCIAL CONTROL of behavior, deviant or
others.
8. In a society observing a democratic-presidential form of government, of the three branches of
government, the law enforcement function is the responsibility of the EXECUTIVE BRANCH.
9. In the Philippines, the law enforcement community refers to the PNP (Philippine National Police),
formerly known as the PC-INP.
FALSE
10. In the Philippine setting, the PNP, being the primary police force, is mandated to enforce the law,
prevent and control crimes, maintain peace and order, and ensure public safety and internal security
with the active SUPPORT of the COMMUNITY (or SOCIETY).
11. It is safe to say the social control is the process whereby the government in a society encourages or
enforces COMPLIANCE (or ABIDANCE/ OBIDIENCE/ CONFORMANCE/ OBSERVANCE) with
social NORMS (or CUSTOMS/ LAWS/ REGULATIONS).
12. What law enforcement approach emphasizes the process of developing and implementing policy,
which can have consequent effects on the delivery of police services to the community?
PUBLIC POLICY PERSPECTIVE
13. Which of these refers to the government’s authority to enact regulations and laws related to health,
safety, welfare, and morals?\
POLICE POWER
14. What approach emphasizes the enforcement of the law per se? However, since full enforcement is
not possible, discretion and selected enforcement becomes prevalent.
LEGAL PERSPECTIVE
15. Which of these is the extension of the systems perspective? However, compared to systems
perspective, it places greater emphasis and priority on international events and influence.
GLOBAL APPROACH
16. Warrant is really important n convincing the public about the legitimacy of critical police operations.
The practice of using warrant was introduced by the FRENCH.
17. Based on the modern principles of policing, the indication that a police station is effective is LOW
CRIME RATE IN THE COMMUNITY THAT IT SERVES.
18. What law enacted to enhance the reformation and professionalization of the PNP as a national
police force?
RA 8551
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19. Bellmen are peace-keepers created by a law in 1663 during the time of King Charles II of England.
They are assigned to do ‘rattle-watch’. In other words, they are paid to conduct duty FROM
SUNSET TO SUNRISE.
20. The ‘Father of Modern Policing System’ who defined the ideal role of the police in a democratic
society is ROBERT (or BOBBY/ BOBBIE) PEEL.
21. During world war-2, what police force was notorious in suppressing insurgency specially in the
areas controlled by the imperial colonizers?
KEMPETAI
22. What was the first police force established by the Americans here in the Philippines?
INSULAR POLICE FORCE
23. Creating a police force as a protective and law enforcement organization developed from the use of
military force as GUARDIANS.
24. Keeper’s of the Peace was a group of Knights created by the law proclaimed in 1195 by King
Richard of England served as guards on bridges and gates while checking the people entering and
leaving the cities and towns. This is actually he forerunner of CHECK-POINT SYSTEM.
25. In a democratic society, what should be the ideal roles of the police based on the modern policing
concepts?
The police should be powerful but not oppressive
The police should be efficient but not furious
The police should be an impartial force in the society
26. What was the earliest military unit employed to work as a police force in a city?
PRAETORIAN GUARD
27. What was the first government police force composed of uniformed officers?
Sergent de Ville
28. This was the first civilian police created in Rome composed of able-bodied men initially assigned as
firefighters.
VIGILES
29. For the police organization, which among these is their key in preventing crime?
They must earn public support
30. What practice in England during the medieval times required that every male resident over 12 years
old in one community must join 9 of his neighbors to form a ‘typthing’?
FRANK-PLEDGE
31. According to modern policing principles, what is the test of police efficiency?
The absence of crime and disorder
32. Effective COMMUNICATION is the foundation of police operations.
33. Since the medieval times until today, what is the basic police mission?
Maintain order by enforcing the law
34. During the post-world war 2 era, the Philippine policing system was mainly influenced by
AMERICAN CULTURE.
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35. Peace officers wearing official uniforms earn more respect than those who do not. Who were the
first to create a uniformed police force?
FRENCH
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