Module 4

• Theories of Police Service

  Home Rule

  Continental
• Home Rule


  Policemen are considered as servants of the community.
• Continental


  Policemen are considered servants of higher authority.
• Concept of Police Service

  Old Concept

  Modern Concept
• Police Discretion


  it is the wise use of one’s judgment, personal experience, and common sense to decide a particular situation.
• Police must be guided by some basic concepts such as;

  C​OMMON SENSE,

  PERSONAL EXPERIENCE, and

  SOUND JUDGMENT.
• ARREST


  The taking of a person into custody in order that he may be bound to answer for the commission of an offense.
• MANNER OF CONDUCTING ARREST

  A​n arrest is made by actual restraint of a person to be arrested, or

  his submission to the custody of the person making an arrest.
• WARRANT OF ARREST

  is an order in writing issued in the name of People of the Philippines, signed by the judge and directed to a peace officer, commanding him to arrest a person or persons stated therein and deliver them before the court.
• The requisites of a valid warrant of arrest are the following:

  • It shall be issued upon probable cause;
  • The probable cause is determined personally by the judge upon examination under oath or affirmation of the complainant and the witnesses he may produce; and
  • Particularly describing the person to be arrested.
• Probable cause


  Sufficient to engender a well-founded belief that a crime has been committed and that respondents are probably guilty thereof.
• Reasonable grounds


  when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search).
• LIFE SPAN OF WARRANT OF ARREST

  Validity; Arrest warrants do not expire. They generally remain active until recalled by the court, or until the subject of the warrant is apprehended.

  Execution: executed within ten (10) days from its receipt. after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant.
• WARRANTLESS ARREST

  • In Flagrante Delicto (caught in the act)
  • Hot Pursuit Arrest
  • Prisoner’s Arrest
• When a peace officer or private person may arrest a person without a warrant

  1. When, in their presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense

  2. When an offense has in fact just been committed and they have personal knowledge of facts indicating that the person to be arrested had committed it

  3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where they are serving final judgment or temporarily confined while their case is pending or has escaped while being transferred from one confinement to another
• Detention duration based on gravity

  grave Offense: 36 hours

  les grave Offense: 18 hours

  light Offense: 12 hours
• Illegal Detention VS Arbitrary Detention

  Illegal Detention: Civilian Detention

  Arbitrary Detention: Police/Public officer Detention
• Old Concept


  The yardstick of police efficiency is the number of arrest.
• Modern Concept


  The yardstick of police efficiency is the absence of crime/lesser

  number of crimes committed.