DRUG

INVE
STIG
OPER ATIO
ATIO N AN
NS D
DRUG INVESTIGATION AND
OPERATION
 CASE INTIATION
Much of literature regarding drug investigations label drug
dealing as a “victimless crime.” while it cannot be generalized
that all crimes have victims . We must remember that the
victims of narcotics transactions are frequently removed from
the act itself.
This can be illustrated by the following examples of active and
passive victims:

1. People who experience drug overdoses or contaminants in impure drugs or

diseases related to drug use.
2. Victims of crimes against persons (such as assault, robbery, rape, and
murder) or crime against property such as burglary and auto theft).
3. Taxpayers who must foot the bill for the increased police protections,
court costs, and penitentiary facilities necessitated by increased drug
related crime.
SELECTING TARGET
 Due to the immensity of the drug abuse problem, it is logical to assume that just about
anybody can be suspected as a drug user or dealer in any given community. Moreover,
restrictions in manpower and money make it impossible for law enforcement agencies to
investigate all suspected drug dealers in a particular area.
 It is therefore the responsibility of the investigating officer to make a determination as to the
specific type of investigation.
 It should be emphasized that the target, regardless of what or who it is, should be a specific
one.
Such a determinations based on several factors, including:

1) The size of drugs enforcement unit.

2) The availability of equipment and money.
3) Agency jurisdiction.
4) Target input from the community (public pressure, information, anonymous tips,
etc.).
 Priorities for the target selection should also include the type of drug being
trafficked, the weight of drugs 9grams, ounces, or kilos), and the level of violator
( street dealer, wholesaler, etc.).
Receiving Information

 Many sources can provide information to the investigator about illegal drug
activity. One of the most useful is the confidential informant (CI).
 An informant may be a person facing criminal charges who wishes to provide
information in exchange for a lesser sentence or a reduction in criminal charges,
or a concerned citizen who offers information to the police out of a sense of
civic duty.
 Additional valuable sources of information include leads from other law
enforcement officers and agencies.
Receiving Information

 It is the investigator’s responsibility to evaluate the usefulness

of any information received.
 The investigator must be able to judge the probable
truthfulness and reliability of the information.
 Moreover, the investigator must always remain cognizant of
the motives of those who furnish information.
 Verifying Information
Once information is received and its source is evaluated, the
verification phase begins. Independent verification of information
must be conducted separately from the source itself in order to
ensure its accuracy.
Three investigative methods are usually considered
for this task:

1. Surveillance
2. Use of informants
3. Other sources
 Case Preparation

 The complexity of criminal organizations, the wide variety of suspects, and conflicting
jurisdictional considerations that arise in drug case, a thoroughly prepared case is
imperative for successful prosecution, for the most part, drug investigations focus on
targets.
 Targets can be individuals, establishments, or organizations with suspected links to illicit
drug activity.
 For example, if the target of an investigation is a nightclub, the investigator should ask him
or herself the following questions.
 Case Preparation

 What drugs are allegedly sold at the establishment?

 Who are the owners and do they have a criminal history that might support suspicions of
drug trafficking?
 Can be establishment be penetrated by informants or undercover officers forgathering
intelligence and making criminal contacts?
 Answers to these questions may give the right investigator ideas on how best to approach
the investigation.
 Budgeting Resources

At this stage in case preparation a determination must be made as to

whether a drug purchase from a suspect would result in an immediate arrest
(buy-bust). This will dictate whether surveillance officers, uniformed
officers, or special tactics will be necessary.
The checklist should include:

1. Financial resources
2. Manpower
3. Investigative equipment
 Other Information Sources
Traditionally, local police agencies possess more valuable criminal
intelligence than any other outside law enforcement agency. This
information, however, is generated from a variety of sources that may
or may not be reliable.
In the early phase of an investigation, the drug unit’s own department
is the most likely starting point for the collection of a criminal
intelligence base.
The following sources of information should be queried:

1. Police Intelligence reports

2. Incident reports
3. National Crime Information Center (NCIC) records
4. Field interview (FI) cards
5. Traffic citations
6. Fingerprint files
7. Arrest records
 Drug Buy Operations
Although there are many methods of accumulating evidence on drug traffickers, the
drug buy is one of the most reliable. Because drug enforcement is proactive rather than
reactive and because the undercover officer is personally involve with the suspect,
opportunities to purchase rugs as evidence frequently present themselves in undercover
investigations.
Documenting a suspect’s “criminal intent” through recorded conversations and the
actions of the suspect can accomplish this.
• Preparations for all drug purchases, the unit should have an established
policy requiring officers to completely identify the suspect before the buy
operation.
• If the officer fails to do this, subsequent meetings between the officer and
suspect may never take place, resulting in an open case snowing an
expenditure of funds with no leads to make an arrest,
Suspect identification should include:

1. Full legal name

2. Identifiers (date and place of birth, Social Security number)
3. Address
4. Criminal history
5. Known associates (including friends, partners, ex-wives, and girlfriends)
6. Full vehicle description
• This drug buy should be strategically planned to serve a particular purpose in
the investigation.
• Conspiracy investigations necessitate multiple purchase. In other
circumstances, however, a straightforward “buy-bust” operation may be best.
• Multiples purchases from suspects without a specific need will only lengthen
the investigation, waste agency funds, and expose officers to unnecessary
risk.
• The narcotics buy operation involves an ‘agent” either an undercover police
officer or an informant – who makes the buy or purchase from the dealer.
• The narcotics buy operation is the most potentially dangerous, “tricky”, and
unpredictable of any police investigative technique.
• Many variables are involved, any one of which might create a new
complication during the delicate dangerous interplay between police agent
and dealer.
1. The behavior and personalities of both agent and dealer are unpredictable.
2. The conditions of the “set” (the location where the sales are taking place) are
unpredictable.
3. The required movements of the police backup team trying to maintain surveillance and
react to actions of the dealer and/or the undercover agent cannot be planned.
4. Both vehicular and pedestrian traffic can affect both observation and movement of the
backup team.
5. Weather conditions given by the affect observation and movement.
6. The conditions given by the dealer to the undercover agent under which he or she will
complete the deal are never fully controllable (although they are somewhat negotiable).
7. Erratic actions by the dealer and/or evasive methods taken by the suspect to avoid surveillance may make
the “tail” or effective observation impossible.
8. Third-party situations may arise unpredictably; (a) the dealer’s connection or supply runs out. (b) someone
fouls up on the proposed meeting time. (c) an unexpected police action by other police officers unaware of
the “buy” operation can occur against the suspect, the undercover officer, or both.
9. The dealer or his people may rob the undercover officer (the “ripoff”). This is the most dangerous situation
that can occur during a drug-buy operation, and only the undercover officer can decide how to handled it.
• Hazards Dangerous circumstances may arise at any time during drug by operations. A strict time limit must
be given to each arranged drug deal.
• This way, support officers will know when to check on the safety of the undercover officer. If this is
necessary, support officers may have to use inventive ways to check on the status of drug deal without
actually identifying themselves (prior planning is necessary for this tactic).
THE BUY-WALK PROCEDURE

• The buy-walk is a drug purchase for which an immediate

arrest is not planned and the suspect keeps the money. There
are good reasons why this is considered both a productive and
a nonproductive investigative practice.
• The agency then sets a specific date to conduct a coordinated
raid during which suspects ca be arrested through the use of
“buy-bust.”
• At the same time, arrest warrants are served on other suspects
who have been identified earlier in the investigation, and
search warrants are served on residences containing known
stashes of drugs.
THE BUY-BUST PROCEDURE

• THE BUY-BUST PROCEDURE is to purchase drugs from a

suspect and immediately place him or her under arrest.
Because of the necessary physical proximity between the
suspect and officer, this is considered one of the most
hazardous duties performed by drug enforcement officers.
• It is because of this eminent danger that all “busts” must be
meticulously planned and arrangements should be made in
anticipation of any possible problems.
• It is not uncommon in buy-bust situations for a suspect to be
armed and attempt to kill the undercover agent at the time of
the arrest.
Outdoor Locations
• If the purchased is a buy-walk, the degree of danger associated
with it is greatly minimize. This is especially true if it is he
second or third buy: the suspect will feel more comfortable
dealing with the officer.
• An officers should never agree to meet at a location suggested
by the suspect may be planning a rip-off.
• Good outdoor location are shopping center, parking lots or
crowded city park.
 Indoor Locations
• Indoor locations pose different problems. Once an officer enters the
residence of a suspect, the officer’s level of protection is considerably
reduce.
• Suspect feel more at ease on their own turf, and they will be more
inclined to ask the undercover officer more questions.
• Suspects might require agents to consume some quantity of drugs before
the transaction can be complicated.
• The officer must bluff his or her way out of this predicament: such
behavior is usually against policy, and will reflect poorly on the case, the
officer, and the agency.
• Exceptions would be, of course, situations in which the officer is facing
immediate danger to his or her life by not taking the drugs.
 Precautions
Even though drug transactions will differ according to their locations, the amounts
of drugs and money involved, and the suspects, certain general precautions should
be observed in all circumstances. It is easy for undercover officers to get “caught up
in the moment” when negotiating for a major deal and forget safety consideration,
Following precaution:

• Never let an informant establish the location for the transaction: it could be a setup for a rip-off.
• Never let an informant establish the location for the transaction without the prior knowledge and
approval of the informer’s control officer.
• Never change locations for a drug transaction during a drug deal
• Beware of drug transactions at the suspects residence.
• Never agree to conduct a transaction where more suspects undercover officers are present.
• Always be aware of innocent by standers.
• Always be cautions during big-money drug transactions.
 Planning the Drug Buy
When planning the drug purchase, it should be remembered that many criminals
operate in an organized and regimented fashion in much the same manner as the
police. This is evident in cases where there are multiple suspects, each with a
specific duty during the transaction. To counter theses situations, officers should
consider pre-buy and post-buy planning.
 Pre-Buy Planning
Much prepare should be undertaken in the planning phase of the drug transaction.
Initially, when the buy is being arranged, all conversations between the undercover
officers or informers and drug suspects must be recorded. Practicing the “record-
when-you-can” philosophy will aid the investigator in properly documenting all
pertinent conversation.
Make a “pretext” telephone call to the suspect for three (3) purposes:

1. To record the voice of the suspect outlining the specifics of the drug transaction.
2. To verify that the drugs are still available at the designated time.
3. To determine (if possible) whether the supplier is expected to meet with the dealer prior to the deal.
 It is always a good idea for officers to set up surveillance around the location of the arranged drug buy
because frequently the dealer will say that he has possession of the drugs when he is actually expecting an
associate to deliver them just prior to the deal.
 Another important element in pre-buy planning is the location and documentation of possible counter
surveillance (by associates) on the part of the dealer.
 Counter surveillance is covert observation by criminals to locate police observers in the area of the drug buy,
or to assist suspects in a related criminal activity (a rip-off or getaway).
 Post-Buy Planning
Just as the supplier may have delivered drugs to the dealer before the transaction, he might
also be returning after the transaction to pick up his share of the profits. In another
circumstances, the dealer might leave his residence shortly after the transaction to meet
with the supplier and deliver the money owed.
The tactical plan is only a tool or guide to be used in the planning process. It should not
become a biblical or administrative panacea for the “paper tiger” type commanders who
are “streetwise” nor adaptable to split-second change and are usually more concerned
with “forms’ and “control” of personnel than with the specific objectives of the
investigation.
 The Flash-Roll
A primary goal of the drug enforcement unit is to identify the largest traffickers within a
community. Therefore, it is common for undercover agents to work their way up the
trafficking leader to the point where the a big-money transaction is necessary to identify a
top supplier.
The flash-roll is simply a large sum of money used in undercover drug transactions to show
to the dealers (flash) without permitting them to actually take possession of the money. The
size of the flash-roll may range anywhere from PHP 25000 to PHP 1,000,000, therefore
creates a potentially violent atmosphere because some suspects might consider robbing the
agent of the currency.
The following is a checklist of considerations essential before undertaking
any transaction using a flash-roll:

1. Complete identifiers and criminal history information should be obtained on all known
suspects involved in the transaction.
2. Note whether the suspect has previously been observed with a weapon.
3. If the suspect is claiming is to deliver large quantities of a drug that is relatively scarce in
the area, a rip-off might be planned.
4. Officer must choose the location for the transaction and conduct it on their “turf’.
5. Notice any other conditions that might be conductive to a rip-off (including the officer’s
“gut” feelings about the deal).
The location for the transaction is one of the most significant considerations, and should focus on the
following areas of concern:
1. Support officers should have easy access to the undercover agent in the event a rip-off occurs.
2. Support officers should be located so that they have a good vantage point to observe suspects entering and
existing the area, or suspects conducting counter surveillance on the transaction.
3. The area should have adequate lighting.
4. In the event of an altercation, any exit points should be easily blocked by the support officers.
5. If a motel room is used as neutral ground for the transaction, the officers (rather than the suspects) should
choose the room, and it should have an adjoining room with a common door for easy access by support
officers.
6. All currency in the flash-roll should have its serial numbers recorded prior to the transaction in the event the
roll is stolen.
7. In all cases, the undercover officer in possession of the flash-roll should be equipped with a body mike.
• Sometimes it might be advisable to show the flash-roll to one of the main suspects without advance notice. This will
catch the suspect off guard and give the agent the edge because;
a) The flash can be conducted at a protected location of the agent’s choosing.
b) The agent can be have sufficient backup at his disposal.
c) The suspects should not need to see the money a second time before the transaction.
• Once is enough. In this case, the officer has upheld his or her end of the deal by demonstrating the ability to produce the
money.
• It is then up to the suspects to produce the drugs.
• Another method of showing the money is to advise the suspect that the buyer will telephone him when the money is
available to show. This will require suspects to stay home and wait for the agent’s telephone call.
• The agent’s driving the vehicle should always be careful to observe mobile counter surveillance.
• The momentum of the case in this phase may create an “ostrich” effect on the part of the undercover agent’s causing
them to become overly anxious for the buy, and possibly causing careless mistake s.
 Entrapment

A common defense for drug cases is entrapment. In this defense, the suspect claims that he
was tricked into commission of the act. The term entrapment is defined as “the
procurement of one to commit a crime that he did not contemplate or would not have
committed, for the sole purpose of prosecuting him.” An example of entrapment might be
an officer claiming to be physically addicted who needs another quantity of drugs
immediately in order to avoid withdrawal.
All these acts have, however, been upheld as lawful investigative techniques.
 Conspiracy Investigations
• The undercover drug purchase is an excellent investigative technique allowing an undercover officer the
opportunity to observe the violation as its occurs. In this cases, drug enforcement units should consider
undertaking a conspiracy investigation. A conspiracy is defined as when two or more persons enter into a
agreement to violate the law and there is a commission of one or more overt acts in furtherance of the
agreement.
• Conspiracy investigations enable law enforcement agencies the means to get to the leaders of criminal
organizations who no longer personally handle drug transactions and would otherwise be too well
insulated by associates operating on the lower levels of their organization.
• The law of conspiracy makes each conspirator liable for the actions of others, thus permitting the arrest,
prosecution, and conviction of “kingpins” for drug sales they did not personally conduct.
• The irony of conspiracy prosecutions is that a criminal act does not have to be completed.
Element One: The agreement the first element of a conspiracy investigation is that the agreement
between the suspects must be shown. The initial agreement is usually made between two persons.
Others, however, may later join the conspiracy as it progresses. In most cases newcomers to the
conspiracy need to know all of the details of the original agreement, only their particular roles.

Element Two: The Over Act The second step in a conspiracy investigation is to document an overt
act on the part of one or more of the conspirators. In the absence of an overt act, even though the
agreement to commit the crime has been established, the suspects still have a chance to back out of it.
Once an overt act has been completed, however, the offense (the conspiracy) Is complete. The overt
act must be something done by at least one of the coconspirators to help achieve the objective of the
conspiracy
The following general guidelines should help illustrate how to link conspirators:
a. When large scale distributors sell drugs to middlemen, knowing that they are middlemen, all
may then become members of a conspiracy.
b. A single sale of drugs does not constitute grounds for a conspiracy between the buyer and
seller.
c. For a drug buyer to become a conspirator, he or she must know the conditions of the
agreement and be a part of the original agreement.
d. In order for a vendor of supplies or equipment to be considered a conspirator, he or she
must have knowledge of the unlawful objective of the conspiracy : however, it is not
necessary for his or her act to be unlawful.
Types of conspiracies A conspiracy may be shown in three different
ways, each with its own peculiarities. The following is a hypothetical
case history that illustrates this.
 Case History
 The Chain Conspiracy
 The Wheel Conspiracy
 The Enterprise Conspiracy
Federal law defines the term racketeering as any of the following activities:
• Drug violations
• Extortion
• Loan-sharking
• Mail fraud
• Bankruptcy fraud
• Human trafficking
• Bribery
• Counterfeiting
• Embezzlement of union funds
• Obstruction of justice
• Wire fraud
 Prosecution of an enterprise conspiracy can result in massive trials in which everyone

charge in the case is present for one criminal proceeding.

 Juries sometimes have difficulty isolating each defendant and his or her particular charges

from the others on trial because an atmosphere of “guilt by association’ prevails.

 As a consequence, convictions obtained at these trial run the risk of being overturned on

appeal because of the inability of the prosecution to distinguish between one large

conspiracy and numerous smaller ones.

 Forfeiture Sanctions

Because drug dealing has created enormous profits for drug dealers, many have accepted
the risk of arrest and a long prison term as merely “a cost of doing business.” only by
stripping the perpetrator of his or her profits can law enforcement pose a significant
deterrent for drug trafficking.
Republic Act Number 9165
Enables officers to seize automobiles, aircraft, vessels, bank accounts, securities, real estate
holdings, and privately owned businesses.
The types of property subject to seizure under the RA 9165 include
1. All controlled substances
2. Raw materials and equipment
3. Any property use as a container for controlled substances
4. Any vehicles, boats, and aircraft used to transport controlled substances
5. Business records, books, computers, and other materials used in violation of the CSA
6. All money or negotiable instruments used for exchanged for controlled substances
7. Real property or improvements used to facilitate the commission of violations of the RA 9165.
 PNP MANUAL ON ANTI-ILLEGAL DRUGS OPERATION AND
INVESTIGATION (RESOLUTIION N0. 2010-094)
PNP ANTI-ILLEGAL DRUGS ESPECIAL OPERATIONS TASK FORCE
RULE 1- GENERAL PROVISION
DRUG INVESTIGATION AND
OPERATION
SECTION 1. short title- This manual shall be known as the “PNP MANUAL on Anti-Illegal
drugs operation and investigation .”

SECTION 2. purpose- This Manual on Anti-Illegal Drugs Operation and Investigation

provides for the standard rules and to be followed by all PNP members and units engaged in
the enforcement of RA 9165 in support of PDEA.

SECTION 3. DECLARATION OG POLICY- The PNP in its anti-illegal drugs operation and
investigation shall conform with the provision of RA 9165.
SECTION 4. Governing Principles- All PNP members and anti-illegal drug units (AIDSOTF,
RAIDSOTF,CAIDSOTF,SAIDSOTF, and other authorized units). Shall conduct their
operation and investigation in accordance with RA 9165.
Following principles in support of the mission and vision of the PNP, to wit:
a) Transparency
b) Accountability
c) Adherence
d) Trustworthiness, Integrity, Responsibility, and Expertise (TIRE)
SECTION 5. scope and application – this manual on Anti-Illegal Operations and
Investigation implementing RA 9165 or the comprehensive Dangerous Drugs Act of 2002
shall apply to all PNP members and its anti-drug units at all levels.
SECTION 6. Standardization of forms- To avoid confusion, maintain uniformity.
SECTION 7. Definition of Terms:
• Arrest
• Arresting Officer
• Buy-Bust Operation
• Case-build up
• Case Operation Plan (COPLAN)
• Chain of Custody
• Chemical warehouse
• Child in conflict with the law (CICL)
• Clandestine Laboratory
• Classified Information/Reports/Documents
• Confidential Informant
• Controlled Precursors and Essential Chemicals (CPECS)
• Controlled delivery
• Coordination
• Crime Scene Photographer
• Drug Evidence
• Drug Law Enforcement Operation
• Eradication
• Flagrante Delicto
• Ground Commander
• High-Profile Targets (HPT)
• Intelligence
• Interdiction
• Interview
• Instrumentation
• Investigation
• Investigator-On-Case
• Planned Operation
• Poseur-buyer
• Pusher
• Recorder
• Search
• Search Warrant
• Seizing/ Inventory Officer
• Surveillance
• Team
• Team Leader
• Use of force
 THANK YOU!
DRUG INVESTIGATION AND
OPERATION