FUNCTION OF POLICING

CRIME DETECTION:

In most countries the detection of crime is the responsibility of the police, though
special law enforcement agencies may be responsible for the discovery of particular
types of crime (e.g., customs departments may be charged with combating smuggling
and related offenses). Crime detection falls into three distinguishable phases: the
discovery that a crime has been committed, the identification of a suspect, and the
collection of sufficient evidence to indict the suspect before a court. Many crimes are
discovered and reported by persons other than the police (e.g., victims or witnesses).
Certain crimes—in particular those that involve a subject’s assent, such as dealing in
illicit drugs , or prostitution those in which there may be no identifiable victim, such
as obcenty—are often not discovered unless the police take active steps to determine
whether they have been committed. To detect such crimes, therefore, controversial
methods are sometimes required (e.g electronic eavesdraping, surveillance, interception
of communications, and infiltration of gangs.)

CRIME INVESTIGATION:
The investigation of every complaint concerning a crime is an important function of the
police. Witness statements are recorded, and various types of evidence are collected as
part of the inquiry. Compulsion on part of the police to form an opinion based on the
inquiry. The police will submit a charge sheet in court if they believe the evidence
indicates the accused person’s guilt. It is the role of the judge, not the police, to
determine whether a person is guilty or innocent.
In the meantime, the rule of law means that everyone, even the police, is bound by the
law. Police investigations must be carried out in conformity with the law and with the
highest regard for human rights. The Supreme Court has established criteria for police
officers to observe during arrests, detentions, and interrogations. During the
investigation, the police are not permitted to torture, beat, or shoot somebody. They are
unable to impose any type of punishment on a person, even for minor infractions.

TYPES OF INVESTIGATION:
1. Civil investigation: These are the investigations that take place during civil
proceedings in which there is no breach of the law and only an issue of
money or property to be resolved.
2. Negligence investigation: These investigations are undertaken by either the
plaintiff’s attorney to prove the defendant’s liability or the defendant’s
attorney to deny the plaintiff’s claims. Surveillance and interrogating
witnesses are used to accomplish this.
 3. Corporate investigation: Incorporate investigations, the investigator
watches the company’s operations and also gives information regarding fraud
occurring within or outside the organization.
4. General investigation: It is a broad phrase that encompasses a wide range of
investigative operations. These operations can be carried out for a variety of
reasons, including locating witnesses, detecting dishonest personnel, and
detecting fraud.

APPREHENSION OF SUSPECT :

1. Identification of Suspects: Police gather information from various sources such

as witnesses, informants, surveillance footage, or forensic evidence to identify
potential suspects.
2. Investigation: Once suspects are identified, police officers conduct thorough
investigations to gather evidence linking them to the crime. This may involve
interviewing witnesses, collecting physical evidence, analyzing digital records, or
conducting surveillance.
3. Arrest: If there is sufficient evidence to support a suspect's involvement in a
crime, law enforcement officers may proceed with making an arrest. This involves
apprehending the suspect and taking them into custody.
4. Miranda Rights: Upon arrest, suspects must be informed of their Miranda rights,
including the right to remain silent and the right to legal representation.
5. Interrogation: Suspects may be questioned by police to gather additional
information about the crime. However, interrogation methods must comply with
legal standards to ensure the suspect's rights are protected.
6. Booking: After arrest, suspects are typically taken to a police station for booking,
which involves recording their personal information, taking fingerprints and
photographs, and documenting the charges against them.
7. Charging Decision: Prosecutors review the evidence gathered by the police to
determine whether to formally charge the suspect with a crime. This decision is
based on the strength of the evidence and whether it is sufficient to prove guilt
beyond a reasonable doubt.
8. Court Proceedings: If charges are filed, the suspect will appear in court for
arraignment, where they will enter a plea of guilty or not guilty. proceedings will
determine the outcome of the case, including potential trial and sentencing.

Search and seizure:

practices engaged in by law enforcement officers in order to gain sufficient

evidence to ensure the arrest and conviction of an offender. The latitude
allowed POLICE and other law enforcement agents in carrying out searches and
seizures varies considerably from country to country. There is considerable
variance in the amount of protection given to the individual rights of the
accused person.

CASE PREPARATION:

1. Understand the Case: Review all relevant materials, including legal documents,
evidence, witness statements, and any other pertinent information. Make sure
you have a clear understanding of the facts, issues, and arguments involved.
2. Identify Key Points: Determine the central points of your case. What are the
main arguments you need to make to support your position? Identify strengths
and weaknesses in your case and anticipate potential counterarguments from the
opposing side.
3. Legal Research: Conduct thorough legal research to support your arguments.
Look for relevant statutes, case law, regulations, and legal precedents that
support your position. Make note of any key rulings or legal principles that apply
to your case.
4. Develop Strategy: Develop a strategic approach to presenting your case.
Consider the order in which you will present your arguments, as well as the
evidence and witnesses you will call upon to support your claims. Anticipate how
the opposing party may respond and prepare rebuttals accordingly.
5. Prepare Evidence: Gather and organize all evidence that supports your case. This
may include documents, photographs, videos, expert reports, or other tangible
evidence. Make sure your evidence is admissible and relevant to the issues at
hand.
6. Prepare Witnesses: If you plan to call witnesses, prepare them thoroughly for
their testimony. Review their statements, ensure they understand their role in the
case, and coach them on how to effectively communicate their testimony in
court.

DEFINITION OF WARRANT OF ARREST:

An arrest warrant is a legal document issued by a judge or a court that authorizes the arrest or
detention of a person. In the Philippines, the process and issuance of an arrest warrant are
governed by the Rules of Court, as well as by specific laws pertaining to certain crimes.
Understanding the intricacies of arrest warrants, including how they are issued, executed, and
contested, is crucial for both law enforcement agencies and the citizens they serve.
The requisites for the issuance of a warrant of arrest typically include:

1. Probable Cause: There must be probable cause to believe that a crime has been
committed and that the individual named in the warrant is responsible for it.
2. Legal Basis: The warrant must be based on specific legal grounds, such as
evidence or witness testimony, and comply with relevant laws and regulations.
3. Identification: The warrant should clearly identify the individual to be arrested,
including their name, physical description, and any other relevant identifying
information.
4. Jurisdiction: The warrant must be issued by a competent authority with
jurisdiction over the offense and the location where the arrest is to be made.
5. Issuance by Judicial Authority: Typically, warrants of arrest are issued by a
judge or magistrate after reviewing evidence and determining that there is
sufficient cause for arrest.
6. Formalities: The warrant should comply with any formalities required by law,
such as being signed by the issuing authority and containing the seal of the court
or other relevant institution.
7. Timeliness: The warrant should be issued promptly after the determination of
probable cause to avoid any unnecessary delay in apprehending the suspect.