UNIT IV

STANDARD OPERTIONS IN CRIMINAL INVESTIGATION

Crime Scene Investigation

It is a place location where the crime was alleged to have been committed to it pertains
to the specific location of the commission of the crime. As with almost any crime in which there
is known crime scene, both the first officer and the investigators should consider the scene
itself as evidence. This is because much valuable information is learned from items left on the
scene provided that it has not been tampered with or altered any way.

Crime Scene Investigation

This is the conduct of processes, more particularly the recognition, search, collection,
handling, preservation and documentation of physical evidence at the crime scene.
Crime scene investigation (CSI) is the process of recognizing, searching, collecting,
preserving, and documenting physical evidence at the crime scene (CS). It covers the process
of identifying and interviewing witnesses and/or victims at the CS, including on-the-spot arrest
of suspects.

Organization of CSI

1. Overall Coordination. Depending on the nature of the crime, the resources needed at
the scene, and other variables, crime scene coordination may be provided by the
investigator in charge as he/she moves from the one point to another, a mobile incident
command van, a temporary “headquarters”.
= The senior investigator at the scene will ultimately be responsible for what is to be
done at the scene and what types of additional resources are requested. For example, if
there is a dead body, the medical examiner or coroner must be called to the scene.
= The overall coordinator will make sure that all the members of the crime scene team
are briefed simultaneously by the first officer on the scene so that everyone hears and
knowns the same thing. This person is also responsible for ensuring that that there is
continuous flow of information between members of the team.
2. Technical services. This function is the responsibility of the ranking representative of
the department’s central crime laboratory or its crime scene processing unit, along with
any subordinate specialists who are assigned to the scene.
The technical services function is concerned with actual processing of the scene
for physical evidence. This includes establishing a point for a trashed generated by
processing the scene, including biohazard bags for the collection disposable evidence
equipment and personal protection equipment, and carrying out the identification,
documentation, collection, marking, packaging, and transmission of physical evidence
room or the crime laboratory.
3. Investigative Services. This includes interviewing witnesses, conducting and
documenting the neighborhood canvas and a field interrogation of the suspect if he or
she is in custody, and carrying out and recoding the results of a vehicle information
canvass.

Two primary objectives of CSI:

1. To establish what happened and
2. To identify the responsible person/s.
Objective of CSI
To helped establish what happened through crime reconstruction and to identify the
responsible person. This can be done by carefully documenting the conditions at a crime scene
and recognizing all relevant physical evidences.

The basic nature of CSI

CSI is a difficult and time-consuming job. There is no substitute for this careful and
thoughtful approach. Before, one or two investigators usually perform CSI but today, this task is
given to a special team of investigators particularly in cases of serious and premeditated crimes.
In the Philippine setting, CSI is better known as SOCO (Scene of the Crime Operation) if
investigation is done by a group of trained PNP Personnel called SOCO team. In cases where
the evidence encountered needs special processing due to significant or sensational cases, the
scene of the Crime Operation (SOCO) specialist of the Crime Laboratory should be requested.
The idea of enhancing SOCO was conceived in the last quarter of 1995 by the PNP.

Cases to be investigated by the SOCO

1. Murder
2. Homicide
3. Robbery
4. Rape with homicide
5. Arson
6. Other heinous crime/or sensational cases as requested and directed by the higher HQ.

The CSI team

The SOCO team is composed of:
1. SOCO Team Leader
2. Specialists/Technicians
Forensic chemist/technician Medico-legal Officer
Fingerprint technician/expert Firearms examiner/expert
Forensic Photographer Measure/Sketcher
3. Driver/Evidence Custodian

Stages of Crime Scene Investigation

Based on the FBI Crime Scene administration procedures, 11 stages involved in
investigating the CS are as follows
1. Preparation and approach
2. Secure and protect the scene
3. Preliminary survey (or walk-through to determine the CS boundary)
4. Evaluate physical evidence possibilities
5. Prepare narrative description
6. Depict scene photographically
7. Prepare diagram/sketch of scene
8. Conduct detailed search
9. Record and collect physical evidence
10. Conduct final survey
11. Release crime scene
Based on the 2010 PNP Operational Procedures Manual, if the PNP is responsible in
investigating the CS, the procedure would be as follows:
1. Mandatory briefing
2. Initiation of preliminary survey
3. Conduct of interview
4. Preparation of the narrative report
5. SOCO team detailed search
6. Final survey
7. Released the Crime Scene

Crime Scene Response Procedures

(Rule18, PNP Operational procedures manual 2010)

DUTIES of the FIRST RESPONDER (FR)- Based on the section 1, Rule18

The FR shall protect and secure the CS through observance of the following:
1. Cordon the crime scene with whatever available materials like ropes, straws, human,
barricade, police line, wood and chain;
2. Evaluate injured persons to the nearest hospital;
3. Prepare to take the “dying declaration” of severely injured person, if any;
4. The FR shall stay in the crime scene to assist the Investigator-On-Case (IOC) in the
maintenance of security, crowd control, preservation of evidence and custody of
witness/suspects until such time the investigation is completed and temporarily turned
over to the local Chief of Police (COP) for the continuance of CS security;
5. The FR shall attend to court duties or answer inquiries from any investigative body to
shed light and help the IOC in solving the case;
6. Prevent entry/exit of persons within cordoned area;
7. Make note of names of possible witnesses or suspects; and
8. Brief the IOC on the situation upon arrival.

Requisites of a DYING DECLARATON are:

1. Death is imminent and the victim is conscious of the fact;
2. The victim refers to the cause and surrounding circumstances of such death;
3. The victim relates to facts which the victim is competent to testify to; and
4. The declaration is offered in a case where in the declarant’s death is the subject of the
inquiry.

The Point of Arrival

When the first officer arrive, the scene may be either under confusion deserted.
Regardless of the situation, the officers must take charge immediately and form a plan for
proceeding. The actions the first responders take at a crime scene can determine the value of
the evidence for investigators prosecutors.
People at crime scene are usually excited, apprehensive and perplexed. The may
cooperative or uncooperative, confused or lucid. Therefore, officers must be flexible and
understanding. Discretion and good judgement are essential because the greatest potential for
solving the case lies with those present at the scene, even though many details of the crime
may not known at this stage. (Hess, Orthmann, 2010)

Setting Priorities
The priorities are:
1. Handle emergencies first.
2. Secure the scene
3. Investigate

Handling Emergency Situations

1. A Suspect at or Near the Scene= If a call is made rapidly enough and officers can
respond quickly, they may observe the crime in progress and arrest the suspect at the
scene. Suspect at the scene should be detained, questioned and then released or
arrested, depending on circumstances.
2. If the suspect has Recently Fled= If the suspect has just left the scene, immediate
action is required. If the information is provided early enough, other units en routeto the
scene may make an arrest.
If a suspect has recently left the scene, officers obtain description of the suspect, any
vehicle, direction of travel and any items taken. The information is dispatched to
headquarters immediately.
3. If a person is Seriously Injured= Emergency first aid to victims, witnesses and
suspects is often a top priority of arriving officers. Officers should call for medical
assistance and then do whatever possible until help arrives. They should observe and
record injured persons conditions. When the medical help arrives, officers should assist
and instruct medical personnel during the care and removal of injured to diminish the
risk of contaminating the scene and losing evidence.
4. If a Death Body is at the Scene= a body at the scene may immediately become the
center of the attraction, and even a suspect may be overlooked. If the victim is
obviously dead, the body should be left just as it was found but the surroundings
protected. Identifying the body is not an immediate concern. preserving the scene is
more important because it may later yield clue about the dead person’s identity, the
cause of death and the individual responsible. (Hess, Orthmann, 2010)

Duties of the Investigator-on-case (IOC)

1. MANDATORY BRIEFING : upon arrival at the CS, the IOC must be briefed by the
FR. IOC then immediately calls for the assistance of the SOCO team.
2. INNITIATE PRELIMINARY SURVEY
The IOC must:
a. Initiate a general assessment of the scene:
b. Take a cautious walk-thru of the CS;
c. Take down extensive notes to document important factors; and
d. Establish the evidence most likely to be encountered

After letting the SOCO team establish their command post (CP), the IOC then confers with the
SOCO team leader (TL) regarding the ff:
1. Defining the extent of the search area
2. Determining the personnel and equipment needed
3. Making specific assignments
a. The IOC gives time for the TL to develop a general theory of the crime out of the
joint assessment.
b. The IOC must then turn over the CS to the SOCO and assist the latter in securing
the CS parameter.
 c. The IOC must not leave the place until such time that the SOCO, and writing after
processing released permanently or temporarily the custody of the CS back to him.
d. If the released is only temporary, the IOC must not allow access to anyone on the
CS until such time that the SOCO finally releases permanent custody of the same.

3. CONDUCT INTREVIEW: While the CS is being processed, the IOC, using the valuable info
given to him by the FR, must look for witnesses, immediately conduct interview, and note
down important facts for future reference.
4. PREPARATE NARRATIVE REPORT: The IOC must use a systematic approach in making
a narrative report. No item is insignificant to record if it catches one attention.
The 3 basic methods of narrative documentation of the CS are written, audio, video.
The purpose of preparing a narrative report is to provide a flowing description of the
conditions at the CS. Represent scene in general to specific format.
5. FINAL SURVEY: The released of the CS should be done if the IOC is satisfied that all
pieces of evidence have been recovered. Thus, the IOC must evaluate the items recovered
from the results of interrogation of the suspect/s and the interview of the witnesses. He
must bear in mind that upon the formal release of the CS to the proper authority, a warrant
is already required for his re-entry to the CS. This survey is a critical review of all aspects of
the earlier search already performed.
Guidelines:
a. Discuss the search jointly with all personnel for completeness.
b. Double check the document to detect inadvertent errors.
c. Check to all ensure all evidence is accounted for before departing scene.
d. Ensure all equipment used in the search is gathered.
e. Make sure possible that hiding places of difficult access areas were not
overlooked.
6. RELEASED THE CRIME SCENE: The released the CS shall be done if the IOC is satisfied
that all pieces of evidence have been recovered. Thus, he must evaluate the items
recovered from the results of interrogation of the suspect/sand the interview of the
witnesses.
Guidelines:
a. Released is accomplished only after completion of the final survey.
b. Documentation of released should indicate the following:
1 Time and date of released
2 To whom released
3 By whom released
c. Ensure that appropriate inventory has been provided as necessary, considering
legal requirements, to person to whom scene is released.
d. Once the scene has been formally released, re-entry may require a warrant.
e. Only the person-in-charged has the authority to released the scene. This should
be known and adhered to by all personnel involved.
SOCO Team Operations
1. PREPRATION & APPROACH: Establish command post (CP) for communication decision-
making, temporary quarters of the SOCO team members. Take custody of the CS. TL
conducts briefing before proceeding to the next steps.
2. EVALUATE PHYSICAL EVIDENCE POSSIBILITIES: Guidelines-
a. Based on what his known from the preliminary survey, determine what evidence
is likely to be present.
 b. Concentrate on the most short-lived evidence and work to the least transient
ones.
c. Focus first on the easily accessible areas in open view and progress eventually to
possible out-of-view locations- look for purposely hidden items.
d. Consider whether the evidence appears to have been moved unintentionally.
e. Evaluate whether or not the scene and the evidence appears intentionally
contrived.
3. DETAILED SEARCH & COLLECTION OF PHYSICAL EVIDENCE: Guidelines –
a. Use recommended specialist search patterns depending on given conditions.
b. Photograph of all items before collection and enter notations on photographic
log. Remember – use scale when necessary.
c. Mark evidence locations on the CS sketch.
d. Complete evidence log with appropriate notations for each item of evidence.
e. Ensure that evidence or the container of evidence is initialed by investigator
collecting the evidence.
f. Do not handle evidence excessively after recovery.
g. Seal all evidence containers at CS.
h. Do not guess on packaging requirements different types of evidence can
necessitate different containers.
i. Do not forget entrance & exit areas at the scene for potential evidence.
j. Be sure obtain appropriate known standards (e.g., fiber sample from carpet).
k. Constantly check paperwork, packaging notations, and other pertinent recordings
of information for possible errors that may cause confusion or problems at a later
time.
l. Observe these 4 basic guidelines:
1. The best search options are typically the most difficult and time
consuming.
2. You cannot ‘over-document’ the physical evidence.
3. There is only one chance to perform the job properly.
m. Carry-out the cautious search of visible areas, taking steps to avoid evidence loss
or contamination before conducting vigorous search at hidden/concealed areas.

First Responder’s Guide

Crime Scene Search

A basic function of investigators is to conduct a thorough, legal search at the scene of a
crime. Even though that not initially visible, evidence in some form is present at most crime
scenes. The goal of any search during an investigation, at the crime scene or elsewhere, it to
discover evidence that helps to:
1. Establish that a crime was committed and what the specific crime was.
2. Establish when the crime was committed.
3. Identify who committed the crime.
4. Explain how the crime was committed.
5. Suggest why the crime was committed.

Preliminary Considerations
 Before treating the crime scene search itself, it is profitable to consider the actions and
duties of the investigator by first arriving at the crime scene. The following measures or steps
are ordinarily found necessary:
1. Identify and if possible, retain for questioning the person who first notified the police.
2. Determine the perpetrator by direct inquiry or observation if his identity is immediately
apparent.
3. Detain all persons present at the scene.
4. Summon assistance, if necessary.
5. Safeguard the area by issuing appropriate orders, and physically isolating it by
establishing the “the police lines.”
6. Subsequently permit only authorized persons to enter the area.
7. Separate the witnesses so to obtain independent statements.
8. Do not touch or move any object.
9. Definitely assign the duties of the search if assistants are present.

Pointers in searching
1. Give particular attention to fragile evidence that may destroyed or contaminated.
2. If any doubt exist as to the value of an item, treat it as evidence until proven otherwise.
3. Ensure that the item or area where latent fingerprints maybe present is closely
examined and that action is taken to develop the prints.
4. Carefully protect any impression of evidentiary value in surfaces conducive to making
cast or mold.
5. Note stains, spots and pools of liquid within the scene and treat them as evidence.
6. Note any peculiar odor emitting from the scene.
7. Treat as evidence all other items such as hair fibers, and earth particles to the area
which they are found.

Search Patterns
All search patterns have a common denominator: they are designed to locate
systematically any evidence at a crime scene or any other area where evidence might be found.
Most patterns involved partitioning search areas into workable sizes. The search pattern should
be adapted to the area involved, the personnel available, the time limit imposed by whether
and light conditions and the circumstances of the individual crime scene. Search patterns
ensure thoroughness.
1. Lane search pattern
The lane- search pattern partitions the area into lanes, or narrow strips, using
stakes and strings. An officer is assigned to each lane. Therefore, the number of lanes
use depends on the number of officers available to search.
These lanes can be imaginary. Officers search widths vary for arms length to
shoulder-to-shoulder, either on foot or on their knees. Such searches use no string or
cord to mark the lanes.
If only one officer is available for the search, the lane pattern can be adapted to
what is commonly called the strip – search pattern.
For an extensive search, the lane pattern is often modified to form a grid, and the
area is crisscrossed.
2. Circle- search pattern
Another commonly used pattern is the circle search which begins at the center of
an area to be searched and spreads out in ever-widening concentric circles.
 A wooden stake with along rope is driven into the ground at the center of the
area to be search. Knots are tied at rope at selected regular intervals. The searcher
circles around the stake in the area delineated by the first knot, searching the area
within the fist circle. Then this area is completed, the searcher moves to the second
knot and repeats the procedure. The search is continued in ever-widening circles until
the entire area is covered.
3. Zone-or-Sector-search pattern
In the zone or sector-search, an area is divided into equal squares on a map of
the area and each square is numbered. Search personnel are assigned to specific
squares.
4. Spiral method
The three searches follow each other along the path of a spiral, beginning from
the outside and spiraling in toward the center.
5. Wheel method
In this method the area is considered as being approximately circular. The
searchers gather at the center and proceed outward along the radii or spokes. The
procedure should be repeated several times, depending on the size of the circle and the
number of searchers. One shortcoming of this method is is the vat extent of the relative
area to be observed as the searches depart from the center.

Documenting the crime scene: Note taking, photographing and sketching

Documenting is a vital throughout an investigation. Most people who go into law
enforcement are amazed at amount of paper work and writing that is required-as much as 70
percent of an investigators job is consumed by these functions. In addition, photography plays
an important role in documenting evidence and presenting cases in court.

Crime scene documentation (visual documentation of the CS)

1. Videotaping
2. Photographing. This is an important means of documenting major crime scenes. It
offers the benefits of various types of cameras and techniques. Aerial photography is
effective in showing the point of interest and its position relative other evidence in
abroad area. Infrared aerial photography are particularly useful when the need to show
contrasting terrain features exist. Digital cameras store images in a numeric format that
can be immediately viewed, Cn be printed on-site, and be quickly transmitted and
disseminated.
Guidelines in photographing any kind of scene:
a. Photograph the crime scene as soon as possible.
b. Prepare a photographic log that records all photographs and a description and
location of evidence.
c. Establish a progression of overall, medium, and close-up views of the crime
scene.
d. Photograph from eye level to represent the normal view.
e. Photograph the most fragile areas of the crime scene.
f. Photograph all stages of the crime scene investigation, including discoveries.
g. Photograph the condition of evidence before recovery.
h. Photograph the evidence in detail and include a scale, the photographer’s name,
and the date.
 i. Take all photographers intended for examination purposes with a scale is used,
first take photograph without a scale.
j. Photograph the interior crime scene in an over lapping series using a normal
lens, if possible. Overall photographs may be taken using a wide-angle lens.
k. Photograph the exterior crime scene, establishing the location of the scene by a
series of overall photographs including a landmark. Photographs should be have
360 degrees of coverage. Consider using aerial photography, when possible.
l. Photograph entrance and exist from the inside and outside.
m. Photograph important evidence twice. A medium-distance photograph that
shows the evidence and its position to other evidence. A close-up photograph
that includes a scale and fills the frame.
n. Prior to entering the scene, acquire, if possible, prior photographs, blueprints, or
maps of the scene.

Each photograph at the crime scene must be fully identified. Identification data
include the following:
1. Data to identify the subject of the photograph. Often, crime scene photographs
contain many extraneous items of little significance to the investigation.
2. Data to identify the location of the photograph. The state, city, street address, and
detailed location of the room within the building are items frequently listed.
3. Data to identify the photographer (e.g. name, police agency badge, or identification
number).
4. The case number, if known at the time of the marking. The case number may be
automatically assigned when the call is dispatched or assigned on the later date.
5. The time the photograph was taken, accurate to the minute.
6. The date the photograph was taken, the investigator must take care in marking this
item, for crimes occur with some frequent during the early morning hours, when
dates have recently change.
7. Date to describe whether conditions, photographic equipment, shutter speeds, film
type, and developing and printing techniques. Many defense attorneys as highly
technical questions with the intent of discrediting the officers competence. The
astute investigator will be prepared.
The preceding data are recorded in the investigator’s fields notes of directly
onto the photographs if the prints have been developed at scene. It is preferable
that the individual who took the photographs also mark them; however, this is an
absolute evidentiary requirement in most courts.

3. sketching. A crime scene sketch is a basic diagram of the scene showing important
points, such as the precise place where various types of physical evidence were found.
It is critical that measurements shown at the sketch be as accurate as possible and that
they be made and recoded uniformly; if one aspects in inaccurate, such as the
dimensions of a filed in which a body was found, the distortion introduced renders the
sketch relatively useless.

The Crime Scene Sketch

The measured drawing of a scene showing the location of all important items, particularly
physical evidence is known as crime scene sketch.
Sketch
 - Should show all critical aspects of the crime scene, such as the location/position of the
body, location evidence.
-Prove to be of value later in the investigation when reports are being finalized, or in
preparing for court.
-The simplest and most effective way of showing actual measurements and identifying
significant items of evidence.

General rules for sketching

1. To establish admissibility, the investigator have personnel observation of the data in
question
2. Sketches are not substitute for notes and photos
3. Write and control all measurements
4. Measurements should be in harmony
5. Fill in details on your rough sketch at the scene
6. Keep the rough sketch even you have completed the final sketch
7. Indicate compass direction
8. Indicate the place in the sketch as well as the person who drew it
9. Indicate the position, location and relationship of objects
10. Show which way door swing
11. Use the understand symbol in th e sketch
12. Do not draw tings which are clearly irrelevant to the case
13. Never rely in memory be drawn in the sketch
14. The scale must be must be drawn on the sketch

Elements of sketching
1. Measurements
2. Compass direction
3. Essential items
4. Scale and proportion
5. Legend
6. Tittle

General kinds of sketch

1. Rough sketch- Made by the investigator at the crime scene. Scale and proportion is
ignored, and everything is approximated. It is to be used as a basis of a finished sketch.
2. Finished sketch- Made primarily for court room presentation. Scale and proportion
observed.
3. Sketch of details- Describe immediate scene only. Ex. room in which the crime was
committed and the details thereof.

Sketching methods
1. Rectangular Coordinate Method- This employs the practice of measuring an object
from two fixed points of reference. One such procedure is the baseline technique, in
which a line is drawn between two known points. The baseline could also be a wall
along a designated area where exact measurements can be determined. Two right
angles are drawn from the item being measured to the nearest permanent object.
 2. Triangulation method- It is the bird’s eye view of the scene, utilizing fixed objects
from which to measure. This is particularly useful for sketching outdoor crime scene
where there are no easily identifiable points of refence.

3. Cross Projection Method- It is used in the door crime scenes. It is basically a top-
down view of the crime scene where the walls of the room have been “folded” down to
reveal locations evidence.

4. Straight-Line Method- Generally used to show the location of items against the wall,
such as piece of furniture.

5. Compass Method- Choose a corner of the scene as basis for the compass point
direction.

6. Baseline Method- An imaginary line parallel to the length or diagonally drawn in the
middle of the scene shall be the bases of locating and measurements of objects.

Before the finished sketch is attached to the official crime report, the following data should be
included:
1. The name of the investigator making the sketch, with identifying badge number;
2. A detailed location of the scene, including city, state, street address and location of
room within the building;
3. The date and time the sketch was made-time given for completion the rough sketch, not
the finished sketch;
4. The evidence listing showing the location of important physical evidence by letter or
number;
5. The case number of the investigation;
6. A directional arrow or compass heading and
7. The scale, or the words, “not drawn to scale.’ A scaled sketch accurately represents the
measurements taken at the crime scene in relative proportion. When scales are used, it
is important to select one that is suitable to the type of scene being recorded. Most
sketches are drawn on norm al 8 by 10 graph paper, using the following scales:
7.1 one-half inch equals one foot for a small-room sketch.
7.2 One-fourth inch equals one foot for a large-room sketch.
7.3 One-half inch equals ten feet for scenes located in large buildings.
7.4 one-fourth inch equals twenty feet for large outdoor scenes.

On completion of the sketch, the investigator should be prepared to do two things:

• The sketch should be photocopied and the copy attached to the officer's report
• The original sketch should be filed in a secure location so that it is ready presentation in
a court at a later date.

Field Notes: The Basics (Hess, Orthmann, 2010)

Investigative notes are a permanent written record of the facts of a case to be used in
further investigation, in writing reports and in prosecuting the case.
Start taking notes as soon as possible after receiving a call to respond and continue
recording information as it is received throughout the investigation.
What to Record
Enter general information first: when you received the info. the time and date of the
call, location, officer assigned and arrival time at the scene. Police departments using centrally
dispatched message centers may automatically record date, time and case numbers. Even if this
done, make written notes of this initial information because recorded tapes may not b kept for
extended periods or may become unusable. The tapes and notes corroborate each other Record
all information that helps to answer questions Who? What? Where? How? When? and Why?

As you take notes, as yourself specific questions such as:

When: did the incident happen? Was it discovered? Was it reported? Did the police arrive on
the scene? Were the suspects arrested? Will the case be heard in court?

Where: did the incident happen? Was evidence found? Stored? Do victims, witnesses and
suspects live? Do suspects frequent most often? Were suspects arrested? Who: are suspects?
Accomplice? Complete description include race, gender, coloring, age, height, weight, hair
(color, style, condition), eyes (color, size, glasses), nose (size. shape), ears (close to head or
protruding), distinctive features, (birthmarks, tattoos, scars, beard), clothing. voice (high or low,
accent) and other distinctive characteristics such as walk

Who: were the victims? associates? was talked to? were witnesses? saw or heard something of
importance? discovered the crime? reported the incident? made the complaint? Investigated the
incident? worked on the case? marked and received evidence? was notified? had a motive?

What: type of crime committed? was the amount of damage or value of the property involved?
happened (narrative and actions of suspects, victims and witnesses; combines information
included under "How")? Evidence was found? preventive measures had been taken (safes,
locks, alarms, etc.)? knowledge, skill or strength was needed to commit the crime? Was said?
did the police do? further information is needed? further action is needed?

How: was the crime discovered? does this crime relates to other crimes? did the crime occur?
was evidence found? was information obtained?

Why: was the crime committed (was the intent? consent? motive) was certain property stolen?
was a particular time selected?

Make notes that describe the physical area, including general weather and lighting
conditions. Record everything you observe in the overall scene:

1. All services rendered, including first aid, description of the injured, location of wounds,
who transported the victim and how.
2. Record complete and accurate information regarding all photographs taken at the scene.
As the search is conducted, record the location and description of evidence and its
preservation.
3. Record information to identify the type of crime and what was said and by whom.
Include the name, address and phone number of every person present at the scene and
all witnesses.
Where to record notes
Use a notebook to record all facts observed and learned during an investigation. The
notebook remains to be one of the simplest, most economical and most basic investigative
tools.

The Importance of Reports (Hess, Orthmann, 2010)

Reports are permanent written records of important facts of a case to be used in the future and
are crucial and necessary log in the wheel of justice.

Uses of reports
1. Examine the past
2. Keep the other police officers informed,
3. Continue investigations.
4. Prepare court cases.
5. Provide the court with relevant facts.
6. Coordinate law enforcement activities.
7. Plan for future law enforcement services.
8. Evaluate individual officer and department performance.
9. Refresh a witness's memory about what he or she said.

Crime Reconstruction
This refers to the procs of recreating or re-enacting how a crime occurred basing on a
rational theory.
This necessary in establishing the modus operandi of the criminal.

Approaches in Crime Reconstruction

1. Deductive approach
This approach entails immediate assumption of a theory then later supports it by
collecting corroborative information.
2. Inductive approach
This technique requires the collection of information first. Analysis and evaluation
information follows to develop a theory.

Two types of crime reconstruction

1. Physical Reconstruction – based on the description of the witnesses and the
indication of the pieces of physical evidence recovered or observed.
2. Mental Reconstruction – from physical reconstruction, some conclusions can be
made concerning the consistency of the accounts various witnesses. Assumptions should
be supported by pieces of evidence.

Physical Evidence
1. The Major groups of Evidences
a. Weapons
b. Blood
c. Imprints or Impressions
d. Marks of tools
e. Dust and Dirt traces
f. Questioned Documents
 2. Physical Evidence
Physical evidence is any solid, semisolid, or liquid materials that may aid in
determining the truth during the investigation. Physical evidence assist the investigator
by supporting or conforming the facts upon which a reasonable and strong suspicion is
based.

Categories/ Kinds of Physical Evidence

1. Corpus Delicti: objects or substances which are essential parts of the body of
crime.
2. Associative Evidence: evidence which links the suspects to the crime scene or
offence, e.g. fingerprints and footprints.
3. Tracing Evidence: articles which assist the investigator in locating the suspect.

Ultimate Purposes of Recovering Physical Evidence

The ultimate process of recovering physical evidence is to aid the solution of the offense by:
1. Establishing tracing, or identifying the suspect
2. Establishing the suspect Modus Operandi, or indicating similar MO’s
3. Proving or disproving alibi
4. Connecting or eliminating suspects
5. Identifying stolen property, contraband and other illegal property
6. Identifying victims, if their identities are unknown
7. Providing investigative leads
8. Proving the statutory elements of an offense

Two General Categories of Physical Evidence

1. Movable evidence can be picked- up at the crime scene or any other location and
transported.
2. Fixed or immovable evidence cannot be readily removed from the crime scene because
of its size, shape or make up.

Sources of Physical Evidence

In general, physical evidence will be obtained from three main sources:
a. The scene of the crime
b. The victim, if any
c. The suspect and his/her environment

Crime Scene Integrity and Contamination of Evidence

The value of evidence is directly affected by what happens to it immediately following the
crime. Evidence in an unprotected crime scene will degrade, diminish or disappear over time
unless collected and preserved. Recalling Locards principle of exchange, the very act of
collecting evidence, no matter how carefully done, will result in a post-crime transfer of
material-contamination.
Make sure that evidence does not lose its value-its integrity-because of a contaminated
crime scene. Integrity of evidence refers to the requirement that any item introduced in court
must be in the same condition as when it was found at the crime scene. This is documented by
the chain of evidence, also called the chain of custody: documentation of what has happened to
the evidence from the time it was discovered until it is needed in court, including every person
who has had custody of the evidence and why.
HANDLING AND PRESERVATION
The chain of Custody
Evidence that has been collected must be safeguarded until the time that the case goes to
court. During the trial, if it is determined that labels are missing, evidence are not properly
initiated or evidence are otherwise missing or altered, the evidence may be considered
inadmissible. The total accounting of evidence is known as the chain of custody.
If it is not properly maintained, an item of evidence may be inadmissible in court. The
chain of custody, which insures continuous accountability, is defined as being made up of all
those who have custody of the evidence since its acquisition by a police agency. It begins when
the item is collected and is maintained until it is disposed of.

Two Major Purposes why Evidence must be protected

1. To avoid/prevent destruction, mutilation contamination and or alteration of physical
evidence.
2. To preserve and present physical evidence in similar condition when they were found.

Rules to be observed in protecting in the physical evidence

1. All unauthorized persons should be excluded from the crime scene.
2. Numbers of persons permitted to enter crime scene should be kept to minimum.
3. Immediate action should be taken to avoid exposure of fragile evidence.

Guidelines to followed in the Chain of Custody

1. The numbers of persons handling the evidence from the crime that it is safely stored is
limited.
2. If the evidence leaves the possession of an officer, he or she should record in the notes
to whom the evidence was given, the date and time the reason it was turned over.
3. Officers should affix his/her name and badge number to the package containing the
evidence.
4. The investigator should sign a receipt or log when the items is returned.
5. The investigator should check his or her identification mark on it on ensure that it is the
same item.
6. Check to determine if it is in the same condition.
7. Any change in the physical appearance of the evidence should be called to the attention
of the court.

Processing Evidence: Maintaining the chain of custody from Discovery to Disposal

Simply collecting physical evidence is not enough. To be of value, the evidence must be
legally seized and properly and legally processed. Processing physical evidence includes
discovering or recognizing it; collecting, recording and identifying it; packaging, conveying and
storing it; exhibiting it in court; and disposing of it when the case is closed.
1. Discovering or Recognizing Evidence
During a crime scene search, it is often difficult to determine immediately what is or
might be evidence. Numerous objects are present, and not all are evidences.
To determine what is an evidence, first consider the apparent crime. Then, look for
any objects unrelated or foreign to the scene, unusual in location or number or
damaged or broken whose relation to other objects suggest a pattern that fits the crime.
2. Collecting, Marking and Identifying Evidence
 Once evidence is discovered, photograph and sketch it before collecting it. Then,
collect and identify all objects that are or may be an evidence, leaving the final decision
regarding relevance to the prosecutor.
Collecting evidence requires judgement and care. Put liquids in bottles. Protect
cartridges and spent bullets with cotton, and put them in small containers. Put other items in
appropriate containers, to preserve them for later packaging and transporting.
Take extreme care to avoid cross-contamination, that is, allowing items of evidence to
touch one another and thus exchange matter. When using the same tool for several task, be
certain it is thoroughly cleaned after each use to prevent the transfer of material from one piece
of evidence to another.
Make your marking easily recognizable and as a small as possible to reduce the
possibility of destroying part of the evidence. Mark all evidence as it is collected or received. Do
not alter, change or destroy evidence or reduce its value by the identification marking. Where
and how to mark depends on the item. A pen is suitable for some objects. A stylus is used for
those that require a more permanent mark that cannot be done with a pen, such as metal
boxes, motor parts furniture. Other objects can be tagged, labeled or place in containers that
are then marked and sealed.
Mark or identity each item of evidence in a way that can be recognized later. Indicate
the date and case number as well as your personal identifying mark or initials.

COLLECTION OF EVIDENCE

The methods used by the investigator in collecting physical evidence vary according to
the item encountered. Depending on the officers discretion, evidence will be either be
processed for latent prints at the scene or transported for this purposed to a crime laboratory.
Each officer should wear gloves that are clean and lightweight materials such as white cotton.
If, for some reason, gloves are not available in the scene, a clean, flexible material may be
wrapped around the investigators Hands to functions as gloves.
During the phase of the research involving small types physical evidence, the officer
must constantly keep in mind that even the most minute object may be significant. Fiber, airs,
liquids, body fluid, and latent fingerprints are regularly encountered at the crime scenes. Metal
tweezers or forceps are often used to pick up minute solid items with minimum disturbance.
Care must be taken not to scratch or damage the item or otherwise alter its original condition.
1. The most ideal way of evidence collection is for the expert investigator to go to the
crime scene and gather physical evidence.
a. The investigator is in better position to evaluate and determine the weight of the
evidence in relation to the corpus delicti of the crime.
b. The investigator can have a better interrogation session if he has the first hand
information as to the evidence found and recovered at the crime scene.
c. The investigator is in better position to determine the quality or amount of specimen
needed.
d. The investigator knows what evidence is needed for examination and analysis for the
crime under investigation.
2. As soon as the investigator arrives at the scene, take photographs of everything before
disturbing.
3. Collect all physical evidence
a. Get every of possible value
b. Start at the center of the crime and then work outwards
 c. The closer to the center of the crime, the more the valuable the evidence are
4. Observe proper collection techniques/procedures to avoid errors in the presentation of
evidence. Factors to consider in collecting physical evidence to avoid such error:
a. Proper evidence identification
b. Well defined/documented “chain of custody”
c. Maintenance of competency if evidence
5. Markings of evidence
a. Taking photographs
b. Marking down on the sketch the precise point where you found the evidence
c. Recording on the field notes the exact details of the position and condition of the
evidence
d. Carefully mark the physical evidence
e. Not causing damages to expensive articles

Packaging Evidence
If the evidence is to arrive at the laboratory in proper condition, the following rules
should always be observed:
1. Evidence to be analyzed should be package in separate containers.
2. Clean packaging materials should be used.
3. A strong sealing material should be used to enclose the package.
4. Clothe items should not be folded unnecessarily.
5. If evidence is found at the scene within a container, it should be left in the original
container to be transported.
6. A letter of transmittal stating what type of analysis is needed must included.
7. The evidence should always be sent registered mail, with a receipt secured.

Physical evidence should be packed in order to prevent loss, tampering, breakage

deterioration. Clean bottles, envelops, and other containers properly sealed will accomplish this
purpose.

Packaging and Shipping Evidence

a. Prior to packaging and shipping evidence, call the pertinent until for specific instructions.
b. Take precautions to preserve the evidence.
c. Wrap and seal each item of evidence separately to avoid contamination.
d. Place the evidence in a clean, dry, and previously unused inner container.
e. Seal the inner container with tamper-evident or filament tape.
f. Affix “Evidence and Biohazard” labels if appropriate, on the inner container. If any of the
evidence needs to be examined for latent prints, affix “latent” label on the inner
container.
g. Affix the evidence examination request and all case information between the inner and
outer containers.
h. Place the sealed inner container in a clean, dry, and previously unused outer container
with clean packaging materials. Do not use loose Styrofoam.
i. Completely seal the outer container so that any tampering would be evident.

EVIDENCE/ITEM DEIRED CONTAINER

1. Paper Envelop
2. Glass Peg (foam)
 3. Firearm Box or board of exact size
4. Hair Wrap it first with filter paper before placing
it an envelope
5. Dirt =same=
6. Cloth Box- Do not fold the area where there is
Stain. Encircle the location of the stain
using a chalk for easy identification.
7. Seminal stain If moist, drop distilled water using a
dropper and use the same to collect it,
then place it in a test tube.
8. Blood Used an sterilized eye dropper to collect
the blood and place it in a test cube and
add saline solution. Use saline solution to
prevent coagulation.

Marking Evidence
The investigator inscribing his initials, the date and the time directly upon individual items
of physical evidence, best does marking care must be exercised to place the markings so as not
to destroy any latent characteristics or the evidence as to reduce its intrinsic value. When as
item cannot be marked, without doing so, it is place in a suitable container, which which is then
sealed and marked.
It is a legal requirement that all solid evidence be inscribed for future identification.
The marking of evidence occurs during the searching phase as each item of evidence is located
and collected. An expensive firearm may be properly marked.
If the evidence object is of sufficient size, the markings should include the case number,
date, time and initials of the marker. Evidence to small to be marked directly must be placed in
a container and the exterior surface of the container marked.
It is common for certain types of items to be numerous. Some investigators can yield
several thousand pieces of evidence, such as large drug quantities recovered during a narcotics
raid. If the officer does not wish to mark all the items recovered, or if the marking is physically
impossible, they may be packaged collectively in a single container. All the items must be
accurately counted, however, and the total number marked on the outside surface of the
container.

Tagging

Tagging serves to help the investigator identify evidence and facilitates processing and
handling by evidence custodian and laboratory technician. The property tag containing pertinent
data about the evidence is attached to the articles or containers.

HANDLING AND PRESERVATION

The chain of Custody
The evidence that has been collected must be safeguarded until the time that the case
goes to court. During the trial, if it is determined that labels are missing, evidence are not
properly initiated, or evidence or otherwise missing or altered, the evidence may be considered
inadmissible. The total accounting of evidence is known as the chain of custody.
If it is properly maintained, an item of evidence may be inadmissible in court. The chain
of custody, which insures continuous accountability, is defined as being made up of all those
who have custody of the evidence since its acquisition by as police agency. It begins when the
item is collected and maintained until it is disposed of.

Two Major Purposes why Evidence Must be protected

1. To avoid/prevent destruction, mutilation, contamination and or alteration of physical
evidence.
2. To preserve and prevent physical evidence in similar condition when they were found.

Rules to be observed in protecting physical evidence

1. All unauthorized persons should be excluded from the crime scene.
2. Numbers of persons permitted to enter the crime scene should be kept to minimum.
3. Immediate action should be taken to avoid exposure of fragile evidence.

LEGAL ASPECT OF CRIMINAL INVESTIGATION

Investigators do not operate in a vacuum but must be relate to constitutional safeguards.
They must also understand case law determining the parameters within case law specifically
affect investigators.

Doctrines in Criminal Jurisprudence

1. Doctrine of fruit of the poisonous tree

This was established is a US supreme court decided case. This doctrine upholds that
illegally obtained evidence is in admissible in state criminal prosecutions. This doctrine is
otherwise called Exclusionary Evidence.
Under exclusionary rule as known as the fruit of the poisonous tree. Once the primary
source (the tree) is shown to have been unlawfully obtained, any secondary or derivative
evidence (the fruit) derived from it is also admissible (People vs. alicand0, 251 SCRA 293;
People vs. Sequino, 264 SCRA 79).

2. Miranda doctrine
The Miranda rights are: the right to remain silent; the right to have competent and
independent counsel preferably of his own choice and the right to informed of these rights.
(People vs. Logronio, 214 SCRA 519; People vs. Duero, 104 SCRA 379).

MIRANDA vs. ARIZONA

A kidnapping and rape investigation in Phoenix, Arizona, resulted in the arrest of Ernesto
Miranda as the suspect. Following a line up identification by the victim, the suspect was
interviewed for two hours-a relatively short period of time for a major case of this nature.
During this time period Miranda confessed orally, then gave investigators a written confession
regarding the offense. The suspect was subsequently convicted with the Arizona Supreme Court
upholding the lower court decision. The united states Supreme Court reversed the decision,
stating that the suspects right to counsel and his protection against self-incrimination had been
violated. As a result of his landmark decision, the so-called Miranda Warning has become
mandatory.

Legal Requirements of Custodial Investigation

1. Art. III sec 12 (1) of the 1987 Philippine Constitution
2. R.A. 7438
 3. Rights of an accused during custodial investigation
People vs. Mahinay (February 1, 1999)
4. When custodial investigation deemed to have started.
People vs. Bariquit (341 SCRA 600)
5. Correct procedure that peace officers must follow when effecting an arrest; and in
Conducting custodial investigation.
6. Sample format of sworn statement.

Rights of Persons under Criminal Investigation

Legal Requirements of Custodial Investigation

Art. III Sec 12(1) of the 1987 Philippines Constitutions provides that:

“any person under investigation for the commission of an offense shall have the right to
be informed of his right 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 mest be
provided with one. These rights cannot be waived except in writing and in the presence of a
counsel.
“No torture, force or violence, threat or intimidation or any other means that vitiate the
free will shall be used against him. Secret detention places solitary, incommunicado, or
other similar forms of detention prohibited.
“Any confession or admission obtained in violation of this section or of section 17 hereof
shall be inadmissible in evidence against him.
“The law shall provide penal and civil sanctions for the violations of these sections as
well as compensation to and rehabilitation of the victims of torture and similar practices, of
their families.

Art. III Section 17 of the 1987 Constitution further state than “No person shall be
compelled to be a witness against himself.
Jurisprudence dictates the correct procedure to be followed by the police officers in
making arrest and conducting custodial Investigation or interrogation.

At the time a person is arrested, the arresting officers have the duty to:
1. Identify himself
2. Inform the reason for the arrest and show the warrant of arrest, if any to the suspect;
and
3. Inform the suspects right – Miranda rights

Constitutional Rights if the Accused in Criminal Cases

1. The right to adequate legal assistance
2. The right, when ender investigation for the commission of an offense, to be informed of
his right to remain silent and to have counsel.
3. The right against the use of torture, force or violence, threat or intimidation or any other
means which vitiates the freewill.
4. The right against being held in secret, incommunicado, or similar forms of solitary
detention
 5. The right to bail and against excessive bail
6. The right to due process of law
7. The right to presumption of innocence
8. The right to be heard by himself and counsel
9. The right to be informed of the nature and cause of the accusation against him.
10. The right to have speedy, impartial and public trial.
11. The right to meet the witness face to face
12. The right to have compulsory process to secure the attendance of witnesses and the
production of the evidence in his behalf.
13. The right against self-incrimination
14. The right against detention by reason of political beliefs and aspriration
15. The right against excessive fines.
16. The right against cruel, degrading or in human punishment
17. The right against infliction of the death penalty except for heinous crime and
18. The right against double jeopardy

ARRESTING SUSPECTS, SEARCH SIERZURE (THE BASICS)

MEANING OF ARREST

ARREST- Is the legal taking of a person into custody in order that he may be found to
answer for the commission of an offense (Sec. 1 Rule 113)

WARRANT OF ARREST

Is an order to arrest in writing, issued in the name of the Philippines, signed by judge and
directed to a peace officer, commanding him to take a person in custody in order that he may
be bound to answer for the commission of an offense. (Sec. 1 rule 113)

AREST MAY BE MADE

1. By virtue of arrest warrant

2. Without arrest warrant

As a General Rule it may be made any day at any time of the day and night (Sec.6 Rule 113)

EXCECUTION OF ARREST WARRANT

The execution shall cause a warrant of arrest within10 days from date of receipt. After
the expiration of period of the officer assigned to serve the warrant, should make a report to
judge who issued the warrant.

LIFE TIME FOR ARREST WARRANT

Arrest remains valid even if not serve within 10 days. Its validity continuous unless.
1. Recalled by the issuing court
2. Respondent has been arrested
3. Respondent has been voluntary submitted his self
4. Respondent has died
DOCTRINE OF CITIZENS ARREST
The doctrine of citizens arrest is called warrantless arrest (Sec.5 Rule 113)

Legal Condition of Warrantless Arrest

1. In his presence, the person to be arrested
a. Has committed an offense
b. Has actually committing an offense
c. Attempting to commit an offense
2. An offense has in fact just been committed and he has a personal knowledge of facts.
3. The person to be arrested is a prisoner
a. Who escaped from penal establishment
b. Who escaped from legal custody
4. Additionally, if a person lawfully arrested escapes any person may immediately pursue
or retake him without warrant at any time and day and place within the Philippines.
5. The suspect caught in flagrante delicto or caught in the fact.

RIGHTS OF A PERSON ARRESTED, DETAIN OR UNDER CUSTODIAL INVESTIGATION

AS WELL AS THE DUTIES OF OFFICER INCHRGE.

Republic Act No. 7438

An act defining certain rights of person, arrested, detain or under Custodial Investigation
a well as the duties of arresting, detaining and Investigating officers and providing penalties for
violation thereof.

1. Shall at times be assisted by counsel

2. Shall be informed the later in a language known and to understood by him of his rights
to:
a. Remain silent
b. Have competent and independent counsel preferably of his own choice
c. She allowed to confer privately with the person arrested, detained or under custodial
investigation
d. If he cannot afford the services of his counsel, he must provided with one.
3. The custodial investigation report shall be reduce in writing by the investigating officer
provided that before such report signed or thumb marked if the person arrested or
detain does not know how to read and write and adequately explain to him by his
counsel.
4. Any extra judicial confession made shall be in writing and signed by his counsel
5. Any waiver by a person arrested, detain or under custodial investigation or under
provisions of Art 125 of RPC shall be in writing and signed by his own counsel.
6. Shall be allowed to visit by his immediate family or any medical doctor, priest or
religious minister.
Immediate family includes:
a. Her spouse, brother and sisters
b. Fiancé, grand parents
c. Parent, grandchild, guardian
d. Child, uncle, aunt, nephew, niece
 In absence of any lawyer, no custodial investigation shall be conducted and the
suspected person can only be detained accordance with the provisions of art 125.

SEARCH AND SEIZURE

Search
As generally in criminal investigation refers to the examination of an individual person.
Those persons houses, papers or effect or other building and premises to discover contraband
or some evidence of guilt to be used in prosecution of a criminal case (PNP Investigation
Manual) as a general to search be conducted without a valid search warrant.

Seizure
As usually applied in relation to search, refers to the confiscation of a property by an
officer with legal authority to do in criminal investigation, seizure is the logical consequence of
search.

Search warrant

A search warrant is an order in writing issued in the name of the people of the
Philippines, signed by a judge and directed to peace officer, commanding him to search for
personal property described the thrown and to bring before the court (Sec 1 Rule 126 of RPC)

Validity of Warrantless Searches

a. Search incidental to a lawful arrest without warrant not only in the person of the suspect
but his personal belonging and the immediate vicinity.
b. Seizure of Evidence in Plain View (Plain View Doctrine)
c. Search of moving vehicles, aircrafts or sea crafts
d. Consented warrantless search
e. Custom search of moving vehicles
f. Stop and frisk (Teddy Doctrine)
g. Exigent and emergency circumstances

Searching Arrested Persons

Searching a suspect immediately after his arrest is otherwise called “body search”.
This form of search does not require a search warrantless provide that the cases of the
arrest or lawful.
In conducting body search incidental to lawful arrest of a suspect the following
guidelines should be observed.

a. “Probe” does not “Pat”. In case of a female suspect officer should do the search Probe.
b. Handcuff the suspect ASAP, if necessary. Dangerous and violent criminals as well as
escapees from prisoner or jail must be handcuffed.
c. Do not stop the search when a weapon is found.
d. Look for items evidence.
e. Searching officers should never cross or directly stay at the line of fire
f. Do not touch to the subject in the course of the search.
g. Do not grant suspect request to attend to something before during and immediately
after the search.
h. In a search by a single officer have the green ready with the hand at a distance from the
subject.
i. Be sure to search part of the suspect and the body clothing.