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CDI Module

This document provides a history of criminal investigation from ancient civilizations to modern police forces. It details key developments like the first specialized investigative units in Rome in the 5th century BC, the establishment of England's first professional police force called the Bow Street Runners in 1749, and the founding of the world's first modern police force in London by Sir Robert Peel in 1829, which served as a model for police systems around the world. The document also highlights important figures that advanced the field such as Eugene Vidocq who introduced the use of ex-convicts to help investigations, and Dr. Edmond Locard who formulated the basic principle of forensic science that every contact leaves a trace.

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Joseph Adobo
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0% found this document useful (0 votes)
87 views41 pages

CDI Module

This document provides a history of criminal investigation from ancient civilizations to modern police forces. It details key developments like the first specialized investigative units in Rome in the 5th century BC, the establishment of England's first professional police force called the Bow Street Runners in 1749, and the founding of the world's first modern police force in London by Sir Robert Peel in 1829, which served as a model for police systems around the world. The document also highlights important figures that advanced the field such as Eugene Vidocq who introduced the use of ex-convicts to help investigations, and Dr. Edmond Locard who formulated the basic principle of forensic science that every contact leaves a trace.

Uploaded by

Joseph Adobo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 41

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A Learning Manual Exclusive to the Criminology Students of SDSSU


Fundamentals of Criminal Investigation

A Module in

CDI – 1 – Fundamentals of Criminal Investigation and

Intellegence

Compiled by:

LAURENCE P. BAZAN- DEAN, CCJE


TERESITO O DELOS ARCOS JR. RCrim.
EDUARD JAN E. PLAZA, RCrim, J.D.
CHRISTOPHER P. ARINZANO, RCrim.
ANGELO R. ABULO II,RCrim.

CHAPTER 1

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Fundamentals of Criminal Investigation

HISTORY OF CRIMINAL INVESTIGATION


Babylon (2100 B.C)
About 1750 BC, Hammurabi, King of Babylon, created one of the first bodies of written law- the Code of Hammurabi.
The code was then implemented to detect those who refused to obey the law. It imposes the Lex Taliones (Law of
Retribution) principle where the punishment of an offender was equal to what he did. The principle also refers to the
concept known as “An eye for an eye and a tooth for a tooth.”
Rome (5TH Century BC)
This century marked Rome for the creation of the first specialized investigative unit which was named as Questors of
Trackers or Murderers.
Athens (6th Century BC)
This era adopted an unpaid magistrate (Judge) to make decisions to the cases presented to them. This magistrate was
appointed by the citizens.

Alfred the Great


In the part of the 9 th century, Alfred the Great established a system of mutual pledge (Social Control),which was organized
for the security of the country into several levels such as the following;
1. Ten Tithing- this was done by grouping a hundred of person into one under the charge of a High Constable.
Hue and Cry were employed. The constable who was considered the first form of English Police dealt with
more serious breaches of the law.

2. Tithing- This was performed by grouping then persons to protect one another and to assume responsibility for the acts
of the group’s members. The one who heads the group called Chief.
Note:
William Norman divided England into shires (District) and was headed by reeve (Ruler).
Rome (The Time of Christ)
The Roman Emperor Augustus picked out special, highly qualified members of military to form the Praetorian Guard, the
Praefectus Urbi and the Vigiles of Rome. Their functions were as follows:
1. Praetorian Guard. This guard was considered too be the first police officer in Rome, with the job of protecting the
palace of Rome and the emperor.
2. Praefecturs Urbi. The function of the Praefectus Urbi was to protect the City, exercising both executive and
judicial power.
3. Vigiles of Rome. The Vigiles began as firefighters, granted with the law enforcement responsibilities and patrolled
Rome’s streets day at night. They were considered as civil police force designed to protect citizens. They were
considered quite brutal and it is where the word “vigilante” came from.

The Stature of Winchester (England 1285 A.D)


The Statue of Winchester was enacted to establish a rudimentary criminal justice system in which most of the responsibility
for law enforcement remained with the people themselves. This statue was promulgated by Winchester. The statute
established the following;
1. The Watch and Ward Act;
2. Hue and Cry System
3. Parish Constables became primary urban law enforcement agent in England
4. All males kept weapons in their home for maintaining public peace.
Jonathan Wild (England 1720’s)
 He was a buckle maker and a brothel operator and a master criminal who became the London’s most effective
criminal investigator. He was the famous thief catcher in 1720’s. He conceived the idea of charging a fee for
locating and returning stolen property to their rightful owners.
Henry Fielding (1749)
 He founded the Bow Street Runners. This was called London’s first professional police force (originally numbered
just eight) and was considered as the foundation of all modern police forces.
 In 1751, henry published a pamphlet entitle An Inquiry into the Causes of the Lane increase of Robbers, which
called for many sweeping changes in the laws and the execution of their laws.

John Fielding (1753)


 As a younger half-brother of Henry Fielding, the was appointed as Henry’s personal assistant in 1750.
 He also helped Henry to root out corruption and improve the competence of those who engaged in administering
justice in London. He also introduces the practice of developing informants, printing wanted notices, employing
criminal raids, and bearing firearms and handcuffs.
 The blind John was known as the “Blind Beak” and allegedly able to recognized 3000 criminals by the sounds of
their voices.

Patrick Colquhoun (1800)


Patrick Colquhoun published a book known as, “The Commerce and Policing of the River Thames”. He was also credited
for his innovation for the critical development and three decades later, led to RobertPeel’s “new” police.

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 Patrick together with Master Mariner John Harriott developed the Marine Police Force or sometimes known as the
Thames River Police. It was said to be the England first Police Force. The police force was designed to tackle theft
and looting from ships anchored in the Pool of London and the lower reaches of the river.
The force is known as the Marine Support Unit.
Patrick also had the idea of publicly funded police force. His main contribution was the introduction of crime prevention, or
preventive policing- the fundamental principle to the English police system.
Eugene Francois Vidocq (France 1syste
 Eugene Vidocq established a squad of ex-convict to aid the Paris Police in investigating crimes. He worked under
the theory of “Set a thief to catch a thief”. He introduced the concept of “Trade Protection Society”, which became
the forerunner of our present-day credit card system. For a fee, any owner of a shop or business establishment
could obtain particulars concerning the financial solvency of new customers.
He was credited as the founder of La Surete, the France’s National detective organization and was considered and the
Father of Modern Criminology in French Police Department. He was also regarded as the first private detective.
Dr. Edmond Locard
 Edmond Locard published L Enquete Criminelle e les Methodes Sicentifique in 1920. He was also a pioneer on
forensic science and became known as the Sherlock Holmes of France. He formulated the basic principle for
forensic science “Every contact leaves a trace”.
This became known as Locard Exchange of Principle.
Sir Robert Peel (London 1829)
British Statesman Sir Robert Peel established the London Metropolitan Police Force which became the worlds firs modern
organized police force. The Metropolitan Police Force did not only become a
 model for the American police system but also had greatly influence on the style of policing in almost all industrial
societies.

It is also guided by the concept of crime prevention as a primary police objective, it also embodied the belief that such a
force depended on the consent and cooperation of the public and the idea that police constables were to be civil and
courteous to the people.
The force became the model for other police forces in Great Britain, informal names are, “The Met” and “MPS”. In Statues
it is referred to in the lower case the “Metropolitan Police Force” or the Metropolitan Police, without the appendage
“service”. The MPS is also referred to as Scotland Yard after the location of its original headquarters.
Police are often referred to as “Bobbies” or “Peelers after Sir Robert (Bobby) Peel. The primary role of the Police in Britain
was to keep the Queens Peace, which continues to the present days. He also introduced the techniques in detecting crimes
such as detective concealing themselves, and secretly photographing and recording conversations. London Metropolitan
Police employed the first undercover officer.
The great contribution of Sir Robert Peel led people to regard him the Father of Modern Policing. His most memorable
principles, “the police are the public, and the public are the police.”.

England (1833)
Scotland Yard employed the first undercover officer. in U.S.A, the first daytime paid police department was established in
Philadelphia.

Texas Ranger (1835)


Texas Ranger was organized as the first law enforcement agency with statewide investigative authority. This is the
forerunner of the Federal Bureau of Investigation (FBI).
Boston, Massachusetts, USA (1851)
Multi-suspect identification line-up was employed for the first time.
Kate Wayne (U.S.A 1856)
She was the first woman detective in the history of criminal investigation. She was hired by the Pinkerton Agency and
contributed to solving big cases in the United States of America.
U.S.A (1859)
The Appellate Court of U.S.A recognized and accepted photographs as evidence in court proceedings upon its relevancy
and after thorough verification.
Thomas Byrnes (USA 1866)
He was a keen-minded individual who trained his detectives in recognizing individual criminal techniques. He founded the
criminal “modus operandi”. This is a Latin phrase, approximately translated as “Method of Operation”, the term as used to
describe someone’s habit of working particular in the context of business of criminal investigation. In English, it is often
shortened as M.O
Jessie James Gang (USA 1866)
The gang made the first hold-up which marked the beginning of the gangs 15 years hold-up and robbery spree (12 bank
hold-ups and 12 train stage coach robberies in 11 states). Clay
County Saving Association was their first victim and took $60,000.00
Howard Vincent (1877)
He headed the newly organized Criminal Investigation Department in Scotland Yard.
Alphonse Bertillon (France 1882)
 He introduced the first systematic identification system based on the Anthropological measurement
(Anthropometry/Bertillon System). He was considered the founder of Criminal Investigation as well as the Father
of Personal Identification.
 The system recorded anthropometric measurements and persona characteristic such as color of eyes, scars, and
deformities. The following measurements were taken.

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1. Body: height, reach from fingertips to fingertips, length of trunk and head or height sitting;
2. Head: length and width, length and width of right ear
3. Limbs: length of left foot, length of left middle finger, length of left little finger, length of left forearm. These
measurements were recorded on cards and classified according to the length of the head;
Francis Galton (England 1892)
He is an English man who published this study on classifying fingerprints and recognized the uniqueness of the fingerprints
to be used as evidence against a suspect.
England (1819)
A new concept was introduced in the field of Criminal Investigation, known as “Team Policing”. In this concept, there is
no patrol division or criminal investigation per se. in this system, a team of police officers is assigned to patrol and
investigate all criminal matters within their area of jurisdiction or district.
Leland Kirk (1952)
 A chemist Paul and forensic scientist, he is the most known for his work on blood spatter evidence. He applied
this expertise on bloodstain pattern analysis to the Sam Sheppard homicide case. He published Crime Investigation
in 1953, one of the first comprehensive criminalistics and crime investigation textbooks that encompassed theory
in addition to practice.
The US Supreme Court established procedural guidelines for taking criminal confession. The case is the origin of the
present Miranda rights of every accused under custodial investigation.
USA (1977)
The FBI introduced the beginning of Automated Fingerprint Identification System (AFIS) with the first computerized scan
of fingerprints.
England (1986)
Deoxyribonucleic Acid (DNA) typing was first used to solve a crime. DNA is unique to every individual and can be sued
for personal identification.
USA (1987)
DNA profiling was introduced for the first time in U.S criminal court. Based on analysis performed by Life Codes, Tommy
Lee Andrews was convicted of a series of sexual assaults in Orlando, Florida.
New York vs. Castro

This was the first case in which the admissibility of DNA was seriously challenged. It set in motion a string of events that
culminated in a call for certification, accreditation, standardization and quality control guidelines for both DNA laboratories
and the general forensic community.
USA (1999)
The FBI upgraded its computerized fingerprint database and implemented the Integrated Automated Fingerprint
Identification System (IAFIS), allowing paperless submission, storage and search capabilities directly to the national
database maintained at the FBI.
Allan Pinkerton (1818-1884
Being engaged in business as a barrel maker in 1846, Allan Pinkerton captured a gang of counterfeits and was
consequently elected as a county Sheriff.
In 1850 he organized the Pinkerton’s National Detective Agency and was
appointed as the firs City detective in Chicago.
The recovery of a large sum of money stolen from the Adam Express Company and the discovery of a plot to murder
Abraham Lincoln in 1861 made way to his reputation.
During the American Civil War, he organized the secret service of the U.S Army. During the railroad strikes of 1877, his
agency provided strikebreakers. His books include Strikers, Communist and Tramps (1878) and Thirty Years a Detective
(1884).
He was considered as the America’s foremost private Detective. This individual truly deserves the title of “America’s
Founder of Criminal Investigation”. Among methods he pioneered were “shadowing,” the art of suspect surveillance,
“roping”, Working in undercover capacity with a motto “We never sleep”.
Dr. Hans Gross (1859-1930)
 He was the earliest advocator of criminal investigation as a science. Interested in investigation while serving as an
examining magistrate he become a professor of Criminology at the University of Vienna. He is also recognized
today as the Father of Criminalistics/Forensic Science.
Dr. Arthur C. Doyle (1859-1930)
He is a British physician, novelist, and detective-story writer. Dr. Arthur C. Doyle is best known as the creator of the
character of master sleuth Sherlock Holmes. The characterization of Holmes, particularly his ability of ingenious deductive
reasoning, was based on o ne of Conan Doyle’s own university professor.
Dr. Alec John Jeffrey’s
He used DNA fingerprinting and profiling to identify Colin Pitchfork as the murderer of two young girls in the English
midlands. Significantly, in the course of the investigation DNA was first u sed to exonerate and innocent suspect.
Flaviano Guerrero
He is the only Filipino member of the United Sates Federal Bureau of Investigation.

CRIMINAL INVESTIGATION IN THE PHILIPPINES


1901
The Criminal Investigation Service (CIS) now known as CIDG, can trace its humble beginnings out of an urgent need for a
unit that would handle investigation of major crimes especially against national security, and at the same time, free other
Philippine Constabulary Units from this time-consuming and highly specialized of Criminal Investigation. Hence, this

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crime-fighting unit came into being with the creation of investigation Section (IS) pursuant to Section 2 of Act No. 235 of
the Philippine Commission enacted on October 3, 1901.
1901-1919
During the American occupation, the criminal investigation service was primarily organized out of the great necessity of
the Philippine Constabulary in the investigation of crimes.
1913
The genesis of criminal investigation in the Manila Police Department, presently known as the Western Police District took
place in 1913.
1920-1936
The CIS then known as the Information Service led to the successful investigation on the theme Colurom rebellion.
Sakdalista Movement and the Asedillo uprising. It also became successful in suppressing and investigating crimes
including those committe4d against the security of the state.
1936
The Division of Investigation (DI) was created by virtue of Commonwealth Act No. 181 during the reign of the late
President Manuel L. Quezon. The DI, with the 45 initial members, was organized after the Federal Bureau of Investigation
of United States of America.
1942-1945
During the Japanese occupation, the DI was affiliated with the Bureau of Internal Revenue (BIR) and the Philippine
Constabulary (PC) known as the Bureau of Investigation.
1946
The CIS tapped to perform highly specialized task of investigation and intelligence work as a criminal investigation branch
of G2.
1947
The Bureau of Investigation was reorganized by virtue of Republic Act No. 157 and the Department of Justice became its
parent agency. R.A 157 was later amended by Executive Order No. 94 renaming the BI to what is known no as, National
Bureau of Investigation.
1950
The CIS was commissioned to gather intelligence and assume as the role main investigating outfit of the Philippine
Constabulary in response to the resurgence of various criminal syndicates, like the Black Shirt and the Kamlon Gang
coupled with the organization various anti-government movements, such as Hukbalahap.
1987
The mandate of the 1987 Constitution establishing the National Police Force that should be national in scope and civilian in
character under the Department of Interior and Local Government (DILG) paved the way for the creation of the Philippine
National Police (PNP).
Consequently, the CIS is retained as one of the National Support Units of the PNP under the name of Criminal
Investigation Service Command (CISC), this distinguishes it from the operating unit of the administrative support unit
crated pursuant R.A 6975 which assumes the name of the “Service” while operating support units assumed the name of
command.
1991
Due to the media publicly of investigations of sensational cases committed by local executives Organized Crime Groups
(OCGs), the CIS as mandated by R.A 6975, acted as the primary investigating arm of the PNP on major crimes, OCC’s and
economic sabotage.
On September 5, 1994, the Criminal Investigation Service Command was renamed as Criminal Investigation and
Detection Group (CIDG) following the NAPOLCOMResolution No. 92037, with the motto “We seek the truth”. From its
humble inception up to the way, it metamorphosed
to being the premier arm of the PNP as the “Spirit and Soul of the Force”.
1996
A SOCO Team was appropriately organized to meet the core mission of the Crime Laboratory which is the National
Operating Support Unit of the PNP by virtue of NAPOLCOM Resolution Nr. 96-058

LAWS RELATIVE TO CRIMINAL INVESTIGATION


1. 1935 Philippine Constitution, Art 3, Sec. 17 (1)
“In all criminal proceedings, the accused shall… enjoy the right to be heard by himself and counsel.
2. 1932 Philippine Constitution, Art 3, Sec. 20
No person shall be compelled to be a witness against himself. That, any person under investigation for the commission of
an offense shall have the right to remain silent, to have a counsel and to be informed such right. No force, intimidation or
any means, which vitiate the free will shall be used against him. Any confession obtained in the violation of this section
shall be inadmissible as evidence.
3. 1987 Philippine Constitution, Art 3 Sec. 12 (1)
Any person under investigation of the commission of an offense shall have the right to be informed in his right to remain
silent and to have a competent and independent counsel preferably of his choice. If the person cannot afford the services of
a counsel, he must be provided with one. These rights cannot be waived EXCEPT in writing, signed and in the
presence of a counsel.
Related Cases:
Miranda vs. Arizona
It originated from the American jurisprudence Mr. Ernesto Miranda who was accused of kidnapping and rape in the State of
Arizona. The Arizona Police interrogated him exhaustedly leading to his confession. Based on his confession, he was
charged tried and convicted. Appeal of his conviction was made before Arizona Supreme court but his conviction was

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affirmed. The appealed was then elevated to the U.S Court where there was a reversal of the decision and he was acquitted
on constitutional grounds.
It was in this caser that the U.S Supreme Court laid down the constitutional rights of the accused during the
custodial interrogation. This constitutional right was also incorporated in the 1972 Philippine constitution and later in the
1987 Constitution of the Philippines. This is known as the Miranda Rule, Doctrine or Warning.

The Rights of a Person under Custodial Investigation are as follows:


1. Right to remain silent. Anything that he/she may say may be used against him/her in any court of law.
2. Right to have a counsel preferably of his/her own choice and if he/she has none, the government must provide one for
him.
3. Right to be informed of the nature of the charges against him and whatever he/she may be used for or against
him/her
4. Right to be informed of such rights under the constitution.
These rights could be validly waived in writing and with the assistance of a counsel in order that the ensuring confession be
admissible in evidence. The confession must also be in writing singed and sworn to by the accused.
In Miranda v. Arizona case, the court addressed the question of how to enforce a suspect right to counsel and right against
self-incrimination. The court concluded that police officers must specifically inform suspects of these rights and inform
them that if they give up these rights their statement can be used against them.
Gideon v. Wainwright (U.S 1963)]
The Supreme Court held that the Sixth Amendment which guarantees criminal defendants the right to counsel, requires
state government to provide attorneys for indigent (poor) criminal defendants.
Escobedo v. Illinois (U.S 1964)
The court held that a suspect has a right to have an attorney present when being interrogated in police custody as well as
during a trial.
Morales v. Juan Ponce Enrile (1983)
The supreme court of the Philippines ruled in this case and made a clear remark that the Miranda Warning as it is generally
called have to be made so that a confession can be admitted.
4. 1987 Philippine Constitution Sec. 6 Art 16
The state establishes and maintains one police force which shall be national in scope and civilian in character, to be
administered and controlled by the National Police Commission. The authority of the local executives over the police shall
be provided by law.
5. Republic Act No. 7438
An Act defining certain rights of person arrested, detained and or under custodial investigation as well as the d ties of the
arresting, detaining and investigation officers and providing penalties for violation thereof.

CHAPTER 2
INTRODUCTION TO CRIMINAL INVESTIGATION
CRIMINAL INVESTIGATION

INVESTIGATION
- it is the act or process of investigating or the condition of being investigated.
- It also refers to a search or inquiry for ascertaining facts; detailed or careful examination.
Latin terms: Investigat – which means “to inquire or to discover” during the 5th century.
CRIMINAL INVESTIGATION
It is an art which deals with the identity and location of offender and provides evidence of his guilt through criminal
proceedings.

Other Scientific Definitions:


Criminal Investigation
It is the collection and analysis of facts/truths about persons, things, places that are subjects of a crime to identify the guilty
party, locate the whereabouts of the guilty part, and provide admissible pieces of evidence to establish in the guilt of
parties involve in crime.
Criminal Investigation
It is the logical, objective and legal inquiry involving a possible criminal activity. The result of the inquiry, if successful,
will answer the 5 Ws (who, what, where, when, why) and the H (How) questions.
Criminal Investigation
It is a legal inquiry by virtue of a complaint to follow up, examine, trace, track and search, step by step examination or
process and meticulous observation, the fact of the commission of a crime, the identity of the actors and the circumstances
attendant thereto, by careful evaluation of all available pieces of evidence to the end that violators of the law be brought to
the bar of justice, and the innocent be relieved the ire from.

Criminal Investigation
It is a lawful search for people and things useful in reconstructing the circumstances of an illegal act or omission and the
mental state accompanying it. It is the probing form the known to the unknown, backward in time and its goal is to
determine the truth as far as it can be discovered in any post-factum inquiry.
Criminal Investigation

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It is an official effort to uncover information about a crime. There are generally three ways that a person can be brought to
justice for a criminal act.
1. The individual will be driven by his conscience to immediately confess
2. An officer of the law can apprehend him in the act.
3. The criminal investigation can identify the person as a suspect after which he may confess or be convicted
by trial.
Three Elements of Crime
1. Motive
- it is the moving power or force which compels a person to commit acts towards a definite result.
Generally, motive is immaterial in incurring criminal liability; it is intent which is material. Motive becomes material when
the act brings variant crimes. There is a doubt whether the accused committed the crime or the identity of the accused is
doubtful, the evidence in the commission of crime is purely circumstantial or the evidence of the guilt of the accused is
inconclusive.
2. Opportunity
- It is the chance or time given to the offender in committing the crime. Without such chance or opportunity given to the
offender, there could be no crime committed in many instances, the victims are the ones making opportunity for the
offender to commit such crime.
3. Instrumentality/Capability
-It is the use of materials and the other mans which are essential in the commission of the crime. Thus, crime will not occur
if all the elements of the crime exist. Further, if one of the elements of crime is absent eh crime will not and will never be
happen.

KINDS OF CRIMINAL INVESTIGATION


Generally speaking, the two kinds of criminal investigation are:
1. Investigation while the suspect is under arrest and detention
2. Investigation while the suspect is at large
AT-LARGE- It is not being wanted person before the eyes of law
FUGITIVE FROM JUSTICE- It is an escapee from detention or an escaped prisoner while serving sentence by virtue of
a final judgement rendered by a court of competent jurisdiction that can be legally arrested without the necessity of
warrant of arrest.

THREE PHASES OF CRIMINAL INVESTIGATION


1. The Criminal is identified
2. The criminal is traced, located and arrested
3. The fact or evidence to prove his/her guilt is gathered for introduction during trial.
GOALS OF CRIMINAL INVESTIGATION
1. Determine whether a crime has been committed
2. To legally obtain information or evidence
3. To identify person involved
4. To arrest suspect
5. To recover stolen properties
6. To present the best possible case to the prosecutor
MODES OF INVESTIGATION
1. Reactive Mode of Investigation- addresses crime that already happened or occur.
2. Proactive Mode of Investigation- identities and arrest suspects before crime will happen. It is designed to catch a
criminal in the act of committing a crime rather than waiting until a crime is reported by a concerned citizen.
Is Investigation an Art or Science?
Investigation is a mixture of an art and a science.
Investigation is a science because there are certain rules that should be followed to conduct a successful investigation and
because the pure and applied science play an increasingly important role in investigation.
Investigation is considered as an art because it depends on the skills of the investigator, including interpersonal
communication and creativity.
Criminal Investigation as an Art

Criminal Investigation is considered as an art because it is not governed by rigid rules of fixed legal procedures but most
often based on intuition (logic and tested knowledge, immediate learning/consciousness) and sometimes by change.

Most often than not, it is governed by


a. Felicity/Inspiration
b. Intuition
c. Luck
It was Dr. Hans Gross who said that criminal investigation is 95% perspiration, 3 % inspiration and 2 % luck. This means
that the investigators should not only depend on inspiration or luck or else they will fail 95% in their investigation. One
hundred percent effort must be exerted because inspiration or luck may never come in this way.

Criminal Investigation as a Science


It is a science because it involves the application of knowledge of forensic sciences in the process of identifying, locating,
collecting, processing, and or evaluating physical evidence.

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STEPS IN CRIMINAL INVESTIGATION


1. Identification/Recognition of facts, information, evidence
2. Collection of facts, information, evidence
3. Preservation of forensic value (Legal Integrity)
4. Evaluation, processing of evidence and case
5. Presentation of evidence and criminal case.

CRIMINAL INVESTIGATOR
It refers to the person who performs an investigation. It is also known as prober and a considered as the superstar in the
process of Investigation.

POLICE INVESTIGATOR
It refers to the PNP uniformed personnel both Police Commissioned Officer (PCO) and Police Non-Commissioned Officer
(PNCO) conferred with the appropriate certification to investigate with care and accuracy, by conducting step-by-step
examination, through patient inquiry and meticulous observation, data and other pertinent matters to support crime theories
and establish relevant facts to aid in identifying the offense and criminal offender, locating him and providing evidence oh
his guilt leading to the successful filing and prosecution of the offense.
A police investigator must be a graduate of Criminal Investigation Course (CIC) for PNCP and the Investigation Officer
Basic Course (IOBC) for PCO’s.

POLICE DETECTIVE
It refers to the PNP uniformed personnel who was previously certified as a police investigator but was able to complete 18
units of Masters Degree, and completed the Police Detective Course (PDC), and acquired the requisite experience relating
to investigation of cases and appearance in court duties to support the successful filing and prosecution of offense.

ROLES OF THE CRIMINAL INVESTIGATOR


1. Determine whether a crime has been committed
2. Identify the victims and the offender
3. Locate and apprehend the offender
4. Present evidence of guilt for the offenders
5. Assist in case follow-up
CHARACTERISTICS OF COMPETENT CRIMINAL INVESTIGATOR
1. Perseverance- it refers to the steadfastness, persistence and resolution to bring the desired conclusion is spite of
obstacles connected with criminal investigations.
2. Endurance. This is the ability of the investigator to last physically and mentally hence he/she must have the
extraordinary physical and metal energy, enduring sleepless nights and tiresome days.
3. Incorruptible honesty and integrity. This refers to the degree of honesty and integrity of the investigator on several
temptations over money that are offered to affect the investigation. Women and drinks are ticks of temptations.
4. Intelligence and Wisdom of Solomon. This is very important in order that the investigator could easily decipher
falsehood from truth and separate the grain from the chaff.

5. Acting Activity. It refers to the ability of the investigator in stopping down to the level of a minor, the prostitute
or the slum dwellers, professionals or other members of the elite during the investigation process.
6. Oral and Written Communication. Every investigator should have a basic knowledge on both oral and written
communication in probing a certain issue in order that he/she will not suffer setback in getting the accurate facts
information. This includes the use of appropriate words in making a report and writing observations and descriptions of
places, things and events.
7. Observation and Descriptions. The investigator should keen observer and knows how to accurately describe anything.
This is important in crime scene investigation and in conducting an interview and interrogation.
8. Courage. It is the moral fortitude of the investigator to tell the truth irrespective of who gets hurt.
9. Knowledge on Laws. The investigator should have basic knowledge on legal matters concerning investigation.
10. The power to “Read between the lines”. This refers to the ability of the investigator to interpret the words or phrases
encountered in the process of investigation into their deeper meaning in order to arrive with a concrete meaning oft the
certain statement.
11. Technical Knowledge. This refers to the investigator’s capability of defense tactics, use of firearms and the like. In
many occasions, he/she will be alone in confronting arresting, bringing to headquarters and interrogating the suspects.

BASIC ELEMENTS IN CRIMINAL INVESTIGATION

1. Recognition
It involves the effort of identifying data, including physical things that may provide relevant information regarding the
criminal cases being investigated. That is why recognition is otherwise known as identification stage of investigation.
 The earlier significant facts are identified, the sooner the case will be solved.
Significant things that must be recognized may be in the form of bloodstains ate the crime scene, neighbor who accidentally
saw/witnessed a burglary in progress, or bank record of a drug dealer. These are highly relevant facts that can be used by
the investigator, to be developed on a well-founded belief that a crime has in fact been committed.
2. Collection

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It refers to the act of gathering those identified data or facts, or physical things that are significant to the case under
investigation. Collection may be done by scaping the bloodstains found at the crime scene, interviewing the neighbor who
saw the burglary or examination of drug dealer’s bankbook.
3. Preservation
It is a function that is almost simultaneously performed during the collection stage. It includes the act of keeping the
collected pieces of evidence in their true and original form, preventing contamination or destruction of their substantive
value.
Preservation does not only involve the process of packaging physical evidences in order that they can be safely transmitted
to the evidence custodian or to the crime laboratory but covers the process of maintaining the objectivity of facts or
information also fathered from the testimony of witnesses, victims of other persons involve in the criminal cases.
4. Evaluation
It refers to the processes of determining the probative value of the evidence.
Probative Value- refers to the strength of the evidence or its worth/weight in successfully establishing a proof that
a crime has in fact been committed and that the suspects/accused is the one who is responsible for it.
5. Presentation
It is primarily manifested in the courtroom. The investigator, with the help of the prosecutor, must be able to present facts
and information in a very simple and convenient manner in order to convince the court and other parties involved in the
criminal case about the validity and truthfulness of the evidence they are trying to prove or establish.

CARDINAL POINTS OF CRIMINAL INVESTIGATION


1. Who Questions:
These are questions used to inquire on the identify of the victims or offended party, name of the suspected accomplices,
accessories and witnesses of the crime.
1. Who reported the crime? Who discovered the crime?
2. Who saw how the crime was perpetrated?
3. Who is the victim? Who had any misunderstanding with him/her?
4. Who is the offender/perpetrator/culprit?
5. Who are the companions, associates or accomplices of the perpetrator?
2. What Questions.
The purpose of these types of questions is to find out what happened or what took place before, during and immediately
after the commission of the offense.
1. What happened?
2. What specific actions did the suspect/victim/witness do?
3. What is the nature of the crime?
4. What was/were the weapons/tools/used by the culprit?
3. Where Questions.
These are the questions that localize the place of the incident-the city or town, the district or barangay, the street or road, the
number of the house or building.
1. Where was the crime discovered?
2. Where did the offense take place?
3. Where are the victims, witnesses or culprits?
4. Where do the victims/witnesses/culprits are?
5. Where was the suspect when the was apprehended?
6. Where were the weapons or tools used in committing the crime?
7. Where did the investigator secure or obtain the evidence?
4. When Questions.
These are questions needed to determine and fix the time, day, month and year when the crime was committed.
1. When was the crime committed?
2. When was it discovered?
3. When was the police notified?
4. When was the victim last seen?
5. When was the suspect arrested?
5. Why Questions.
These are questions that endeavor to ascertain the motives, causes, antecedents, previous, incidents, related facts,
background occurrences that might help explain the commission of the offense.
1. Why did the offender do it?
2. Why did the/she kill the victim?
3. Why didn’t she/he just let the victim jo?
4. Why didn’t the suspect surrender?
6. How Questions.
These are designed to help the investigator to determine how the crime was committed, the means/tools that were
employed, how the crime was discovered and how the culprits entered the building room.
1. How did the suspect get near to the victim?
2. How di he/she perform the crime?
3. How did the criminal get all the necessary information?
4. How did the criminal get away from the crime scene?
5. How was the crime scene search conducted?
The Golden Rule in Criminal Investigation

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“Never touch, alter, move or transfer any object at the crime scene unless it is properly marked, measured, sketched
and or photographed”.
The purpose of this rule is to avoid the mutilation, alteration, and contamination (MAC) of the physical evidence found at
the crime scene.

TOOLS OF CRIMINAL INVESTIGATION


OR THE THREE (3) I’s OF AN CRIMINAL INVESTIGATION
1. INFORMATION
2. INTERVIEW/INTERROGATION
3. INSTRUMENTATION
DEFINITION OF TERMS:
1. Interviewer- refers to a person who conducts interview.
2. Interviewee- refers to the person being interviewed.
3. Interrogator- it is the person who performs skillful questioning of hostile witness and suspects for purposes of obtaining
confession or admission.
4. Interrogee- it is the subject of interrogation whether a suspect or a victim.

5. Suspect- it denotes any person associated to the commission of a crime. A suspect may also refer to any person
whose guilt is considered on reasonable ground to be a practical possibility.
6. Witness- is a person other than the suspect, who is requested to give information concerning an incident. He/she
may be a victim, complainant, an accuser, a source of information, and a observer of the occurrence, a scientific
specialist who has examined physical evidence or a custodian of official documents.

1. INFORMATION
This is the knowledge which the investigator gathered and acquired from persons, records and “modus operandi file”.
Information is important in investigation because it answers the question, WHO DID IT? The ability to secure information
is considered the chief asset of an investigator.

INFORMATION CLASSIFIED AS TO SOURCES


1. Regular sources
- records, files from government or non-government agencies and news items, intercepted radio or telephone messages
and stored computer data.
2. Cultivated sources
- information furnished by informants or informers.
3. Grapevines sources
- information coming from the underworld characters such as prisoners or ex- convicts.
INFORMERS
Are those persons who provide information to the police on a regular basis. They are either paid regularly or in a
case to case basis, or none at all. They are cultivated & established by the police on a more or less permanent character & as
long as they are loyal and useful to the police organization.
INFORMANTS
It refers to any person who furnishes the police an information relevant to the crime under investigation or about the
activities of the criminals or syndicates. Informant may openly give the information or offer himself to be a witness.
CONFIDENTIAL INFORMANT
It is one who provides the police with the confidential information concerning a crime. The informant does not want to be
identified as the source of information. Under the law, these types of informants are protected & their identity could not be
revealed by the police even under the order of the Court unless an exceptional case where there is a claim of the defense
that the informant framed-up the accused.

TYPES OF INFORMANTS:
1. Anonymous Informant
- a phone caller, letter writer or a text sender. Never tell the informant that the investigator already knows the
information. The duty is to receive the information & not to reveal to the caller any other information or facts about
the case.
2. Rival-Elimination Informant
- maintains identity being anonymous. His purpose is to eliminate rival person or gang due to competition or other motives
such as revenge & etc.
3. False Informant
- Usually reveals information of no consequence, value or stuff connected with thin air. His purpose is to appear to be on
the side of the law & for throwing out suspicion from himself or from his gang or associates.
4. Frightened Informant
- possesses fear or has self interest in giving information to the police. He might be one of the lesser gang members who
runs to the police when his gang mates are about to be involved in a dangerous situation or when the gang is hot on the
police trail. He is motivated by anxiety & self-preservation of his well-being & will furnish information to protect himself
or sustain self-importance. This type is the weakest link in the composition of criminal chain.
5. Self-aggrandizing Informant
- moves around the centers of criminals, group or syndicate & delights in surprising the police about bits of information.
His information may be of value by way of authentication in the intelligence operation.
6. Mercenary Informant

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- The informant has information for sale. He may have been victimized in a double-cross or little share in the loot or given a
dirty deal & seeks revenge as well as profit in his disclosure.

7. Double-crosser Informant
- he uses his seeming desire to divulge information as an excuse to talk to the police in order to get more information from
them than he gives. To counter this kind of informant, the police apply deception method by giving him false information
that will lead to his capture.
8. Women Informant
- a female associate of the criminals, who was roughed up, marginalized in the deal or being eased out from the group. care
must be given to this kind of informant because women, given the skills & expertise are more dangerous than men. They
often give free romance that will result in blackmailing the investigator or will result to an extended family for support.
9. Legitimate Informant
- desire to give information that springs from legitimate reasons. They may be a legitimate business operator who abhor the
presence of criminals in their trade & parents who are afraid that their siblings will be influenced by their friends who are
suspected to be criminals. Others are included where their desires to give information are impressed with lawful motive.
MOTIVES OF INFORMANTS
1. Vanity
The motive is for self-aggrandizement by gaining favorable attention & importance by the police.
2. Civic Mindedness
It is imbued with the sense of duty & obligation to assist the police in their task.
3. Fear-is an engendered illusion of oppression from enemies or from impending dangers.
4. Repentance
Those lesser criminals such as accomplices or accessories who will have a change in heart to unburden their
conscience.

THE PROVERBAL BASIS:


The saying that says: “It needs a thief to catch another thief”. The history of the French police proved that this saying is
true. The elite French Surete, task to investigate criminal cases, hired an ex-convict as an informer. This ex-convict
produced outstanding successes in the solution of cases seemingly difficult to be solved. The ex-convict later became the
Chief of the French Surete & the man was Vidocq.

SELECTION OF INFORMERS
There is no hard and fixed rule in the selection of informers. This is addressed to the sound discretion of the investigator.
The informer may be to a fixed period of assignment or into a case-to-case basis.
The informer must be indoctrinated that they are not immune from arrest & prosecution if they commit crime. They should
not bring shame & dishonor to the police service. When they will commit crimes, they should be punished like the rest.
All sectors of society must be covered, & their composition must include but not limited to taxi drivers, jeepney & bus
drivers, vendors, conductors, waiters, dancers, ex-convicts, shady or underworld characters, hostesses, bankers, security
guards, businessmen, prostitutes, the elite in the society & others.
They should be planted as moles or stole pigeons practically in all corners of social order.

CRITICAL AREAS IN DEPLOYMENT OF INFORMERS


1. Within the ranks of criminals & criminal syndicates
2. Associates & friends of criminals
3. Places or hang-outs of criminals such as night clubs, bars, hotels, billiard halls & other places
4. Slums & residential places where criminals have their contacts
5. Detention centers such as local jails & National penitentiaries, in many instances crimes were solved by planting
moles among detention prisoners in the holding centers of investigative units thru agreements with prison
authorities.
5. Places where criminals dispose their loots.

WOMEN INFORMERS:
This is the most effective among informers because they could easily penetrate the ranks of criminals with less suspicion.
Besides they could mingle with the crowd easily & could obtain information more than their male counterparts, especially
if their beauty attracts attention. They have easier access to women associates of male criminals. However, care must be
employed as they could easily double-cross the police once they fall in love with criminals.

DUAL ROLE OF INFORMERS


1. Identifying & tracing the whereabouts of the suspects
2. Gathering of information that will lead to the location and recovery of the evidence such as the loot or other pieces of
evidence relevant to criminal activities.
OTHER SOURCES OF INFORMATION:
1. Government Records
Police files, NBI files, Bureau of Immigration files, Comelec files, files from the local jails, National penitentiaries
& other government agencies.
2. Private Records- from private offices & business & non-government organizations.
3. Intercepted Messages
It is from telephones, cell phones, radio telecommunications & other means of communications. (RA 4200 and RA

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4 Records of Firearms & Explosive Unit concerning licensed holders of firearms & authorized possessor of
explosives.
5. Fire Bursting
Tracing the chain of possession of a firearm, from the manufacturer, distributor, seller, and the last possessor. This could be
done thru the files of the FBI & other police agencies.
6. Records of foreign & local manufacturers of vehicles concerning the engine & chassis numbers of the suspected
vehicles used in the commission of crimes or are the subject of carnapping.
7. Stored data on computers & Cell phones
Only experts must be employed to retrieve the data

2. INTERVIEW
It is the simple questioning of a person believed to possess information, which are relevant to the investigation of a crime or
on criminal activities.
In an interview, the interviewee is willing and cooperative with the person conducting the interview.

GENERAL KINDS OF INTERVIEW

1. Cognitive Interview
This is conducted to willing and cooperative witnesses, where they are given the full opportunity to narrate their accounts
without intervention, interruption and interference from the interviewer.
After the subject finished his/her narration, the investigator now subjects him/her to the style of direct examination
and cross-examination to clarify the unexplained portions to arrive at the vivid (bright) and complete picture of the
testimony.
2. Question and Answer
This interview as practiced by some investigators requires the interview to answer the questions posed by the investigator.
The interview is required to answer on what he/she knows about what is being asked in the case of subjects of low level of
intelligence, the use of leading questions greatly helps the investigator to obtain the full and desired information.

Golden Rule in Interview


“Never allow the interviewer to conduct nor let anyone to conduct an interview without prior visit to the crime scene”.
The questioning should be in agreement with the facts and conditions at the crime scene. The questioning will lead
wayward for the interviewer who had not seen personally the crime scene and he/she will not be in a position to
distinguishes half-truths exaggerations of falsehood from t he answers of the person being interviewed.

Qualities of a Good Interviewer


1. Rapport
It refers to the good relation between the interviewer and the interviewee, which is conducive to a fruitful result. It is
winning the confidence of a person being interviewed in order that he will tell all the information in his/her possession. The
interviewer must be in a respectable civilian attire because, most often and the majority of people, the police uniforms is
barrier in establishing good rapport. To many, the uniform is intimidating.

2. Forceful Personality
The appearance of the interviewer and other qualities such as skills of communication techniques or the force of language
are the mainstay of the strength of his character. He/she must be understanding, sympathetic and without showing official
arrogance, vulgarity of expression and air supeInterview.
3. Knowledge on Psychology/Psychiatry.
This will help the interviewer determine the personality and intelligence of the suspect; he/she must go down and up to the
level of understanding of his/her particular subject.
4. Conversational Tone of Voice
Investigators tone of voice must be conversational, not confrontational as in interrogation. It means that the interviewer
must know how to appropriately use his/her voicer normally, without unusual loudness that may affect the interview
process.
5. Acting Qualities
He/she must possess the qualities of an actor, salesman and psychologist and know how to use the power of persuasion.
This is done to convince the person to disclose what he/she knows about the issue being investigated.
6. Humility
He/she must be courteous, sympathetic and humble, ready to ask apologies for the inconvenience of the interview. This is
usually done at the end of the interview that may give a good impression to the being interview.

Reasons why witnesses Refuse to Testify


1. Fear of Reprisal
Witnesses who lack the courage to face the suspect, his associates or relatives always entertain the fear of reprisal. This is
natural, especially those who have no means to protect themselves, or no influential person for them to rely on.
This is prevalent among the generally underprivileged sectors of our society. The investigator must remove these fears from
the mind of his/her witnesses either by offering protection or by the explanation that unless the suspect is not put behind
bars, the fear will not disappear. The investigators power of persuasion plays a vital role.
2. Great Inconvenience

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On the part of those of hands-to-mouth existence there is this real inconvenience, which will deprive them the time to earn
for their living especially during the ordeal of testifying during the trial. To those unemployed, the inconvenience is greater
thus the investigator must sincerely help them through his/her contacts with the business community.
3. Hatred against the Police
This hatred may be due to previous bad experience with rogue members of the police organization. The investigator must
show the difference between him/her and the rogue policeman by honest and sincere entertainment of the complaint against
the rogue cops. He/she must explain that these scalawags represent only small percentage of whole organization and the
police leadership is addressing the situation properly.
4. Because of Bias of Witness
The witness may an acquaintance, friend, helper or benefactor of the suspect. All of these and other relationship of the
witness to the suspect must be explored so than an intelligent approach is properly applied.
5. Avoidance of Publicity
There are witnesses who are shy and they shun publicly that will bring discomfort to t heir ordinary or obscure way of
living. The investigator must hide these witnesses away from the reporters.
6. Family Restriction
Some famous and respected families preserve their reputations by instilling to their members the need of the approval of
their elders on matters affecting the families. The investigator must talk to the elders for their approval for a member to
testify.

PHASES OF INTERVIEW
1. Preparation
Investigator must review the facts at the crime scene and information from other sources in order that he/she would be
ready for the questioning. A background data of the subject should be available so that he/she could adapt himself/herself to
the kind of approach to the employed.
2. Approach
This is done through investigator’s careful selection of the kind of approach to use, which may be a single kind, a
combination of two or the application of all techniques.

3. Warming Up
This is done by preliminary or exploratory or exploratory questions to clear the atmosphere and promote a conducive place
for cordiality, respect and trust for each other.
4. Cognitive Interview
This is performed by allowing or already asking now the subject to narrate his/her account without interruption,
intervention or interference. It is only after the completion of the uninterrupted narration that the investigator begins the
direct and cross-examination.

Rules in Questioning
1. One question at a time.
Multiple, complex and legalistic questions should be avoided. One question at the time is desired.
2. Avoid implied answer.
The nod of the head or any other body language as a response to the questions should be avoided. The answers must be
oral, clear explicit and responsive to the questions.
3. Simplicity of Question
A short simple question at a time is required. If the answer needs qualification, then, it should be allowed. Avoid legalistic
questions such as who is the murderer, or who are in conspiracy with the subject.
4. Saving Face
Embarrassing questions on the subject on matters of exaggeration or hones errors about time, distance and description can
be avoided if the investigator will cooperate with the subject to save his face. The investigator should not fault or ridicule
the subject on these matters.
5. Yes and no answer
Do not ask questions which could be answered by yes or no only. It will curtail the complete flow of information and will
lead to inaccuracy.

TYPES OF WITNESSES
1. Know-nothing Type
This is a reluctant type of witness. It is found among the uneducated and of low level of intelligence. The technique to be
applied is to be with their level of intelligence and by interrogation.
2. Disinterested Type
This refers to an uncooperative and indifferent subject. To deal with this type is to find out his/her field of interest so that
he/she will talk. His/her indifference should be demolished to arouse interest or be flattered instead.
3. The Drunken Type
The style of questioning by the investigator should be adapted to the psychology of the subject. When the drunken subject
has sobered, another interview will be conducted, confronting him/her about disclosures while in the state of drunkenness.
The written statement must be taken during his/her sobriety.
4. Talkative Type
This is a witness who is prone to exaggerate adding irrelevant or new matters to their narration. The skillful
investigator could prune the unnecessary matters from the relevant ones.
5. Honest Witness

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This is a liar type of witness. Let him /her lie and order later to repeat several times the narration.
6. Deceitful Witness
This is a liar type of witness. Let him/her lie and order later to repeat several times the narration. He/she will be
enmeshed in contradictions. If possible, the lies must be tape recorded for the confrontation about the contradiction.
Pressure him/her for possible cases of perjury or obstruction of justice and he/she will tell the truth.
7. Timid Witness.
This is a shy witness. The approach must be friendly and reassuring confidentiality of the information. It should be
hidden from the devouring press by interview or photo sessions.
8. Refusal to Talk Witness
This is the most difficult subject to deal with. Find out the reasons of his/her personality such as: trauma, shock, fear,
hatred, and others. Remove these fetters of silence so that he/she will start talking.

INTERROGATION
It is the vigorous and confrontational questioning of a reluctant suspect about his/her participation in the commission of
crime.
It is confrontational in the sense that the investigator places the guilt on the accused. This process could also be applied to
an uncooperative or reluctant suspect/witness.
Interrogation is one of the most difficult but most interesting phases of criminal investigation and detection. It is a
challenging battle of wit between the investigator and the suspect. It is a mental combat where the weapon is intelligence
and the use of the art. Victory depends upon proper and effective use of the art. Witnesses or victims are interview, and
suspects are interrogated.

GOALS OF INTERROGATION
1. To find out the truth about the crime
2. To obtain an admission or confession of guilt from the suspect
3. To gain all facts in order to determine the method of operation or modus operandi and the circumstances of the
crime in question.
4. To collect information that guides investigators to arrive at a logical conclusion.

What is the main purpose of interrogation


The main intention of interrogation is to obtain confession or admission from the suspects and to learn relevant information
for uncooperative witness.
When the accused confessed to the commission of a crime/he or she accepts the facts constituting the offense but if he/she
interposes self-defense or other exculpatory ground, then the acknowledgment is not a confession butt admission.

CONFESSION
1. There is declaration of the person (accused).
2. The accused acknowledge guilt from the commission of a crime
3. Guilt is admitted.
ADMISSION
1. There is a statement of the person (accused).
2. The person only agreed on facts or circumstances of the crime
3. There is no acceptance of guilt.

KINDS OF CONFESSION
1. Extra Juridical Confession
It is a confession that is made by the suspect during custodial investigation or those confession that are made outside the
court.
Sec 3, Rule 133, Rules of Court stated that:
“Extra judicial confession is not sufficient ground for conviction: An extra judicial confession
made by an accused, shall not be sufficient ground for conviction, unless
corroborated by evidence of corpus delicti-body of the crime”.
These reason for the above rule is to guard the accused against conviction based upon false confession of guilt. It is possible
that a person might have confessed his/her guilt regarding an offense, which someone has committed and when asked of
his/her victim of the nature of the injuries inflicted by him/her, it does not coincide with the identify or nature of the
injuries receive by the victim.
Type of Extra-Judicial Confession
1. Voluntary Extra-Judicial Confession
The confession is voluntary when the accused speaks of free will and accord, without inducement of any kind, with a
full and complete knowledge of the nature and the consequence of the confession.
2. Involuntary Extra-Judicial Confession
This confession obtained through force, threat, intimidation, duress or anything influencing the voluntary act of the
confessor.
Note:
Confession obtained from the defendant by means of force or intimidation/violence is null and void, and cannot be used
against him/her during the trial (Doctrine of Poisonous Tree).
2. Judicial Confession

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This confession is made by the accused in open court. The plea of guilt may be made during arraignment or any stage of the
proceedings where the accused changes plea or not guilty to guilt. This is conclusive upon the court and may be considered
to be a mitigating circumstance to criminal liability.

A plea of guilty when formally entered on arraignment is sufficient to sustain conviction of any offense, even a capital one,
without further proof.
Sec. 2, Rule 129, Rules of Court affirmed that:
“Judicial admission is made by the party in the pleadings, or in the course of the trial or other proceedings do not require
proof and cannot be contradicted unless previously shown to have been made through palpable mistake.

TECHNIQUES OF INTERROGATION
1. Emotional Appeal
This is the technique whereby the investigator, combining the skill so f an actor and psychologist, addresses the suspect
with an emotional appeal to confess. This is applicable to firs time offender or those who are of the emotional type of
characteristics displayed by nervousness or emotional disturbances. Devotees of a religion may belong to this type.
2. Sympathetic Approach
The investigator, in his/her preliminary or probing questions must dig deep into the past troubles.
3. Friendliness
A friendly approach coupled with a posture of sincerity may induce the suspect to confess.
4. Trick and Bluff Techniques
a. Pretense of Solid Evidence
The investigator bluffs the suspect that even if he/she will not confess, there is enough evidence to send him/her to jail. If
confession is made, the investigator will see to it that his/her prison term will be within the range of probation.
b. Weakest Link
Among the suspects, there must be a careful selection of who among them is the weakest link where the interrogation will
begin. By tricks and bluffs, this weakest link will be told that his/her companions had already confessed and that this
weakest link had dealt the fatal blow or that he received the lion share of the loot in order to intrigue him.
c. Drama
The weakest link maybe used to fake pain and agony by ordering him/her to shout, accompanied by banging a chain on the
wall to make it appear that a Commotion is going on. The other suspects in separate rooms must hear the drama before
telling them that t heir partner had confessed.
d. Feigning Contact with Family members
The suspect could be tricked that the investigator had gone to the residence and the family members had supplied facts
against the suspect. The suspect family will be dragged into the investigation if the suspect will not confess.
e. Line Up
The complainant, witness or victim is requested to point positively to the suspect in the police line-up. The witness’s
victims or complainant are previously coached about the identity of the suspect.
f. Reverse Line up
The suspect is placed among other persons in a line up and he/she is identified by several complainants and witnesses who
will associate the suspect in other several crimes. This will cause the suspect to become desperate and confess only to the
case under investigation, to avoid from being charged on false accusations.
g. Stern Approach
The investigator displays a stern (demands immediate response) personality towards the suspect by using the following
methods:
1. Jolting- In the questioning process, the investigators select the right moment to shout a pertinent question in an apparent
righteous outrage. The suspects nerves will break to a confession.
2. Opportunity to Lie- the suspect is given all the opportunities to lie. The suspect is questioned about his/her personal
life, family, friends and his/her knowledge about the complainant and witnesses. Then the suspect is questioned about
his/her activity prior, during and after the commission of the crime. This is repeated many times, to include the investigator
focusing questions about the knowledge of the suspect of the crime. The suspect will be enmeshed in contradiction, which
is not capitalized by the investigator to get the truth from the suspect, if possible, the interrogation must be taped recorded
for purposes of emphasis during the confrontation of the contradictions.
h. Mutt and Jeff or Sweet and Sour Method
The first set of investigation must appear to be rough, mean and dangerous. When they had finished the interrogation, the
second investigator intervenes by stopping the first set of investigators. By being sympathetic and understating, he/she
begins his interrogation. If the suspect still refuses to cooperate, then the process is repeated until there is a confession.
i. Removing the Ethnic or Cultural Barrier
If the suspect is an Ifugao (person from Ifugao Province), then preferably, an Ifugao investigator is recommended to
interrogate him, the same with other ethnic or cultural groups. It is a Filipino’s way of life that people put trust and
confidence to those who belong to their clan or tribe. The interrogation must be in the language or dialect of the suspect to
get his confidence. This is removing the dialect/language barrier.
5. Rationalization
It is the use of reasons, which is acceptable to the subject that led to the commission of the crime. Thus, it may be said that
sometimes, killing is necessity rather than by purpose of design. Robbery is maybe a necessity to feed a starving
family. The application of this technique depends upon the nature of crime.
7. Projection
It is the process of putting the blame to other persons, not alone to the suspect. The murderer may blame the mastermind for
corrupting him/her with big sums of money or the mastermind blaming the greediness of the victim or the husband blaming
the wife for her infidelity. Or that it is a necessary evil as the victim is planning to kill the suspect.

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8. Minimization
It is the act of minimizing the culpability of the suspect. The investigator convinces the suspect that a confession will
reduce the offense and the penalty. Thus, the investigator could study if there is a way to downgrade murder to homicide or
the introduction of mitigating circumstances with the result of the penalty being within the range of probation.
APPARENT SIGNS OF DECEPTION
1. Excessive Sweating
The profuse sweating indicates tension, anxiety, shock or fear. Extreme nervousness is also the cause of sweating.
2. Change of Facial Color
Anger is indicated if the face is blushing. It is also the result of extreme nervousness of embarrassment. It is necessary as a
sign of deception on guilt. A place is a reliable indicator of guilt or deception.
3. Dry Mouth
This is a sign of great tension and is reliable symptom of deception. Swallowing, constant movement of the Adams
Apple, and sweating of the lips are indications of dryness of the mouth.
4. Excessive Breathing
An effort to control breathing during the critical questioning is an indication of
deception. Gasping of breath is the ultimate result of the control in breathing..
5. Increase of Pulse Beat.
When observed at the side of the neck, the investigator has to discover the increase of pulse beat which is indicative of
deception.
6. Avoidance of Direct Eye Contact
This may indicate guilt or deception. Misty or teary eyes indicate remorse or repentance.

CHAPTER 3

ARREST AND WARRANT OF ARREST


Arrest
It came from the Latin word:
Arrestare- cause to stop
Restare- stay behind
ARREST
It is the taking of a person into custody in order that he/she may be bound to answer for the commission of an offense.
An arrest is made by an actual restraint of a person to be arrested or by his/her submission to the custody of the person
making an arrest.
TWO MODES OF ARREST
1. Arrest by virtue of Warrant;
2. Arrest without a warrant under exceptional circumstances as may be provided by the statute.
1. Arrest Warrant
It is an order in writing issued in the name of the People of the Philippines signed by a judge directed to a peace officer,
commanding him/her to arrest the person designated and take him into custody of the law in order that he/she may be
bound to answer for the commission of an offense.
Essential Requisites of a Valid Warrant of Arrest
1. It must be issued upon probably caused which may be determine personally by a judge after examination under oath or
affirmation of the complainant and the witnesses she may produce.

Probable Cause
It refers to the evidence that warrants a person of reasonable caution in the belief that a crime was committed.
2. The warrant must particularly describe the person to be seized.
3.
John Doe Warrant
It is a warrant containing no specific person to be arrested but only descriptions based on the testimonies of the victims/ or
the witnesses. It contains the physical description of the accused as well as the other factors to be considered for the
identification of the accused.
It is also known as Richard Doe and/or Jane Doe Warrant.

Alias Warrant
It refers to the warrant of arrest issued by a judge to the peace officer after returning the original warrant of arrest after the
lapse of the 10-day validity period.

Warrant Officer
It is any authorized member from the law enforcement agency usually from the Philippine National Police or National
Bureau of Investigation who holds a warrant for execution within 10 days from receipt subject to renewal in case of failure
to execute the same.

Who may issue a Warrant of Arrest?

The general rule on who is authorized to issue warrant of arrest is the judge of any competent court of the Philippines.

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Duties of an Arresting Officer

A s provided under Section 3 of Rule 113, the arresting officer has two primary duties:

1. While arresting the accused/suspect, the arresting officer should inform the cause of arrest and the fact that a warrant
had been issued to the arrested person;
2. Any police officer making a lawful arrest should take the person arrested without unnecessary delay and deliver
him/her to the nearest police station or jail.
In case of Warrantless Arrest, it is the inherent duty of the arresting officer to detain the person/respondent and file the
proper information within the specified time as provided under Article 125 of the RPC, which has been amended by
Executive Order No 272 on July 25, 1987.

Note:
It is not the physical delivery of the person that is required under the law. What is legally required is filing the information
against the arrested person in the proper court where the judge has the authority to issue an order of release of confinement.

Executive Order No. 272, Amended Article 125 of the RPC (delay in the delivery of detained person to proper
judicial authorities).

It is extended the period authorized to detain a person prior to delivery to the judicial authority. The law requires a police
officer to detain a person for some legal ground and file the appropriate information to the proper judicial authority, within
the following periods and conditions.

Time/Period Penalties
12 Hours - Light penalties and their equivalent
18 Hours - Correctional penalties and their equivalent
36 Hours - Afflictive/capital penalties and their equivalent

CHAPTER 5
CRIMINAL EVIDENCE

Evidence
It is the means, sanctioned by these rules of ascertaining in a judicial proceeding the truth respecting a matter of
fact.
It also refers to any material which tends to persuade the court of the truth or probability of some facts asserted before it.
It is the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or
disproved.

TYPES OF EVIDENCE IN CRIMINAL INVESTIGATION


1. Physical Evidence
-also known as Object, Autoptic, or Real Evidence
These are Physical objects used as evidence which are obtained through searches at the scene of the crime. Articles
and materials found in connection with investigation, which aid in establishing the identity of the perpetrator are known as
physical evidence.
Legally, Object Evidence refers to the evidence made known or addressed to the sense of the court. It is not limited to that
which is known through the sense of vision but is extended to what he senses of hearing, tastes, smell and touched.

TYPES OF PHYSICAL EVIDENCE


1. Corpus Delicti Evidence
This refers to objects or substances which may be part of the body of the crime.
The body of the victim, prohibited drugs recovered. The body of the victim, prohibited drugs recovered from a person,
dagger with blood stains or fingerprints of the suspect, stolen motor vehicle identified by planter numbers and by body or
engine serial number are examples of corpus delicti evidence.
2. Associative Evidence
These are pieces of physical evidence which link a person to a crime.
The offender may leave clues at the scene such as weapon, tools, garments, fingerprint or foot impression. Broken
headlights glass found at the crime scene in “hit in run homicide” may be associated with the car found in the repair
shop. Wearing apparel of the offender and other articles of value may be recovered where the crime of rape was committed.
3. Tracing Evidence
These refers to evidence that may assist the investigator in locating the suspect. Aircraft of ship manifest, physician’s clinic
record shoring medical treatment of suspect for injuries sustained in a encounter; blood stains recovered from the area
traverse by the wounded suspect inter direction of the movement are examples of tracing evidence.
4.Testimonial Evidence
This is the product of interview and interrogation from which witness smell, hear, taste and touch are being
described through oral and written testimony. Testimonial evidence also includes the testimony of a physician who may be
commanded to appear before a court as an ordinary witness and or/ as an expert witness.
a. Ordinary Witness.

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Any person who perceived the commission of a crime and testified before the court is just considered as an ordinary
witness. Also, a physician who testified in count on matters he/she perceived from his/her patient in the course of
physician-patient relationship is considered as an ordinary witness.
A witness can testify only to those facts which he/she knows of his/her own knowledge; that is which are derived from
his/her own perception; except as otherwise provided on this rule.
b. Expert Witness.
A person is deemed as an expert witness if his/her testimony concerning the investigation of crime is based on his/her
training and experience.
For examples. A physician who confirmed before the court the cause of death of the victim is considered as an expert
witness.
1. Documentary Evidence
It refers to the writings, including official records, or contents could speak for themselves when ready by the investigators
and the court. They may be collected through voluntary relinquishment or by a Subpoena Duces Tecum (Court Order)
which compels the party to bring the records of the court.

The following are the examples of documentary evidence:


1. Medical Certification or Report:
1. Medical Examination
2. Physical Examination
3. Necropsy (Autopsy)
4. Laboratory
5. Exhumation
6. Birth
7. Death
2. Medical Expert Opinion
3. Deposition
A Deposition is a written record of evidence given orally and transcribed in writing in the form of questions by the
investigator and the answer or the deponent and signed by the latter.

LEGAL CLASSIFICATION OF EVIDENCE


a. Depending on its ability to establish the fact in dispute, evidence maybe:
1. Direct Evidence
This proves the fact in dispute without the aid of any interference or presumption. The evidence presented corresponds to
the precise or actual point at issue.
2. Circumstantial Evidence
The proof of fact or facts from which, taken either singly or collectively, the existence of a particular fact in dispute may be
inferred as a necessary or probable consequence. However, the following requisites must be present before a circumstantial
evidence will become sufficient for conviction.
a. There is more than one circumstance
b. The facts from which the inferences are derived and proven
c. The combination of all the circumstances is such as to produce a conviction beyond reasonable
doubt.
b. Depending on the degree of its value in establishing disputed fact, evidence may be:
1. Prima Facie Evidence
This evidence suffices for the proof of a particular fact until contradicted by other evidence.
2. Conclusive Evidence
This evidence is incontrovertible to one which the law does not allow to be contradicted. It is the insurmountable evidence.
3. Corroborative Evidence
This evidence is of different kind and character as that already given and tends to prove the same proposition.
4. Cumulative Evidence
This evidence is of the same kind and character as that already given and tends to prove the same proposition.
c. Depending on it weight and acceptability, evidence may be:
a. Primary or Best Evidence
This evidence affords the greatest certainty of the fact in question.
b. Secondary or Substitutionary Evidence
This evidence is inferior to primary evidence and admissible only in the absence of the latter.
d. Depending on its nature, evidence may:
a. Object Evidence
This is evidence is addressed to the senses of the court and is capable of being exhibited to be examine or viewed by the
court. In the case of People of the Philippines vs. Pabillo, it was decided by the court that physical evidence speaks
more eloquently than a hundred witnesses.
b. Documentary Evidence
This refers to an evidence supplied by written instruments or derived from conventional symbols and letters by which ideas
are presented for material substances.
c. Testimonial Evidence
This evidence is either verbal or oral. It is an evidence which consists of the narration or deposition by one who observed or
has personal knowledge of that to which he/she is testifying.
d. Positive Evidence

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This evidence exists if the witness affirms that a fact did or did not occur. It is entitled to greater weight since the witness
represents his/her personal knowledge about the presence or absence of a fact.

e. Negative Evidence
This evidence exists if the witness states the he/she did not see or know of the occurrence of a fact and there is total
disclaimer of personal knowledge.
e. Depending on its quality, evidence may be:
1. Relevant Evidence
Evidence is relevant if it has relation to the fact in issue as to induce belief in its existence or non-existence.
2. Material Evidence
This evidence tends to prove the fact in issue, and is determined by the rules of substantive law or the rules of court.
3. Admissible Evidence
Evidence is admissible if it is relevant to the issue and is not excluded by the Rules of Court.
4. Credible Evidence
Evidence is credible if it is not only admissible evidence but also believable and used by the court in deciding cases.

COLLECTING OF PHYSICAL EVIDENCE


All items that were found in the crime scene should be collected. The collecting officer should not decide whether a certain
item is relevant or irrelevant. Small pieces of evidence is also must have to be given importance, thus collecting them is
necessary;
1. Blood
This becomes important evidence in homicide assault, robberies or other cases where it may be spilled. Blood may be
categorized into major groups of A, B, AB and O depending on the condition of the stain on receipt.
2. Hair
This may be found anywhere in the crime scene. It is often found on the clothing of the victim and suspect who has come
into physical contact with each other. It can very important evidence especially in rape cases. In most cases, there are rarely
enough samples present for positive identification of an individual. However, if can be determined if the hair is of animal or
human, whether the hair is dyed or bleached. If the hair if form the head or body as well as the racial origin of the hair.
3. Fingernail Scraping
In cases where physical contact had been made, fingernail scraping should be obtained. Rape cases or assault cases are
good examples of cases where fingernail scrapings may be important. Items sometimes found under fingernails include
fibers, hair, and skin which may be typed for its blood group.
4. Fiber
This is an excellent tracing evidence when clothing cross contamination takes places. This is also important evidence in
robbery and hit and run cases. Fiber may be found on clothing snagged on projections, and even imbedded with vehicle
paint. Examination of fiber determines whether it is natural or a synthetic material, and the color and dye used. It may be
physically matched if the fragment was torn from clothing. Threads may be examined to determine twist, number of strands
and cloth weave.
5. Firearm
The firearm, bullet, shotgun shell, shotgun pellets and wad, explosive reside and gun powder pattern can provide vital
evidence and specific answer to possible question in the case.
6. Bullet
This can provide information about the make and type of ammunition and weapon from which the bullet was fired, and
whether or not it was fired from specific weapon, provided the weapon is available for test purpose.
1. Cartridge Case
This can also provide vital information as to the type of weapon used, the type of ammunition, and whether or not the case
was fired in a specific weapon if weapon is available for fire testing.
MARKING OF PHYSICAL EVIDENCE
As evidence as collected, it is individually marked with the initials of the investigator. The marking tools depends upon the
nature of the evidence. If it is hard object such as metals, the initial are scratched or engraved by the use of sharp-pointed
steel called stylus.
Methods of Marking Specific Evidence

1. Revolvers
Must be marked separately on the barrel, frame, butt, cylinder, and stock. Tape should also be put around the bore and the
frame of the gun with signature of the investigator.
2. Pistols
Must be marked on the barrel, frame, butt, magazine and stock. Tape must also be put around the gun with signature to
avoid changing the parts of the gun that may affect the result of the laboratory examination.
3. Rifles
Should be marked on the barrel, frame, magazine bolt or slide. All magazines and accessories shall also be marked.
4. Fired Empty Shells, Misfired Cartridges
Strict regulations say that they must be marked inside the mouth of fired empty shells. It is nearly impossible to marked
them inside the mouth especially .22 caliber shells, but they could be marked on side of the body of the shells, not on the
base. It should be admitted that there is really the big difference of what is being practiced in reality and theoretically
written in books. The lesson is, for as long as the evidence can be properly marked and kept as evidence.
5. Bullets/Slugs/Balls/Pellets

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This can be marked on the ogive or nose as well as on the base. The initial name of the investigator and/or date
should be marked on those parts so that the rifling marks found in the bullet or slug will not be disturbed because they
are very important in ballistic examination.

TAGGING EVIDENCE
When evidence which by their nature could not be marked on each surface such as blood, hairs, or fibers, they are placed in
the plastic container then marked. This practice is called tagging the physical evidence with the use of a card where the
initials of the investigators date and time of collection, specific case and other information can be written.

PRESERVING PHYSICAL EVIDENCE


Perishable evidence should be preserved along he way or the preservation is in order to reach the court in the same physical
condition as when they are collected from the crime scene.

OTHER POTENTIAL PIECES OF EVIDENCE


1. Soil
This consist of organic natural materials such as rocks, minerals and decomposing plant, and may also contain man-made
materials such as bricks, concrete, glass or paint. The densities of soil samples are analyzed via chemicals that separate the
particles is similar, it indicates a match, this common scientific technique of analyzing soil is called the density gradient
tube.
2. Paint
Paint is a pigmented polymer that is applied and adheres to various surfaces. It is possible to examine microscopically the
color and shape of paint strips or other samples, as well as to determine through the use of gas chromatography.
3. Tool Mark
Tool Mark is any mark that is created when an instrument has contact with another surface. The mark left by the tool may
indicate the type of tool, the size of tool and even the skill of the perpetrator.
1. Shoe Prints, Impressions and Tire Tracks
The shoe prints are created when material from the bottom of shoes is transferred to another surface, leaving an outline of
the bottom of the shoe. Shoe impressions and tire tracks are often left in soft material, such as mud, snow and reveal the
outline of the shoe or tire.
2. Videotape Evidence
This is potentially extremely powerful form of evidence. If a crime is captured on video, there may be a little doubt who
committed the crime.
3. Dental Evidence
The two primary forms of dental evidence is dental identification and bite marks. In both instances, the fact that individual
has a unique set of teeth in terms of form, arrangement, dental work and bite, makes dental evidence powerful form of
criminal evidence. The physical characteristics of bite marks and dental identification consist of the distance between teeth,
the shape and moth/bite, teeth alignment, teeth shape, missing teeth, and wear patterns of teeth.
4. Fingerprint
These consist of ridges, depression and separations. These remain unchanged and consistent throughout lifetime; each
fingerprint is unique and fingerprint cannot be forged.

The three distinct types of fingerprints found in the crime scene:

a. Plastic Fingerprints
Are type of fingerprints formed if the fingers come in contact with a soft material such as soap, we putty, wet cement, wet
paint, dust or melted wax, a ridge impression may left sufficient for performing a comparison.
These impressions have distinct three-dimensional appearances and do not require further processing. They are documented
using oblique photography.
b. Patent Fingerprints
Are easily identifiable as fingerprints by the unassisted eye. Fingers that have been in contact with a colored material such
as toner, ink, blood, paint oil or chocolate leave visible prints. Once the material has soiled the fingers, the material may be
transferred to a surface with which the ridges come into contact. This print requires no processing to be recognizable as
fingerprint and often suitable for comparison.
c. Latent Prints
The most common type which requires additional processing to be rendered visible and suitable for comparison. Body
perspiration and oils might leave invisible residues on the surfaces that, if visualized, would constitute a usable impression
of the friction ridges. Processing of the latent prints is accomplished through development, enhancement, or visualization
appropriate for the type of surface upon which the prints repose.

5. Computer and other Electronic Evidence


Computers, cellular phones and personal digital assistants may provide a wealth of information regarding communications,
schedules and criminal behaviors and therefore are potentially valuable source of evidence in criminal investigations.
Examination of electronic hardware is quite technical in nature and if not properly perform can result in loss of evidence.
However, evidence passes through several persons for several purposes. The principle of china of custody must be
observed.
Chain of Custody- it refers to the number of persons who handled and possessed the pieces of evidence the moment that
they were collected, marked and tagged up to the time of the final disposition of the case.

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Rule on the Chain of Custody of Evidence


Chain of Custody is paramount importance to any investigation. It is the unbroken sequence of events that is caused by an
item of evidence from the time it is found at the crime scene to the time it appears in court. Every link in this chain is
documented, from discovery at the crime scene, through evidence gathering, storage lab analysis, return to storage and
transfer to court.
Every link is documented by date, time handling individual, what was done with the evidence by that individual. If the
chain of custody is broken, and if the evidence cannot be accounted in one step of its journey from crime scene to court
room, it is rendered inadmissible; useless to the case.

Traditional Methods of Preserving Evidence and Crime Scene


The following are the various means of preserving evidence:
1. Photographs, Audio and/or Video Tape, Micro-film, Photostat, Xerox, Voice Tracing etc.
Photography is considered to be the most practical, useful and reliable means of preservation.
In colored photographs variation may occur in the choice of the kind of film and printing paper used. Identification of voice
from the recording instrument may sometimes be difficult. Audi-recording may be dependent on the speed, volume, pitch
and timbre which may be changed by the instrument used in the recording and replaying.
2. Sketching
If there’s no scientific apparatus to preserve evidence is available then a rough drawing of the scene or object to be
preserved is done. It must be simple, identifying significant items and with exact measurement.
3. Description
It is done by putting into words the person or thing to be preserved. Describing a thing requires keen observation and a
good power of attention, perception, intelligence and experience. It must cause a vivid impression on the mind of the
reader, a true picture of the thing described. The use of Portrait Parle may be used

Portrait Parle (Spoken Picture)


This refers to verbal, accurate and picturesque description of the person identified. Such information may be given by the
witness, relatives, or the other persons who are acquainted with the physical features of the person to be identified.
The following requirements must be included in the verbal description:
1. General Impression: type, personality, apparent social status.
2. Age and Sex
3. Race and Color
4. Height
5. Weight
6. Built
7. Posture
8. Head: Size and Shape
9. Hair: Color, length, baldness
10. Face
Forehead: High, low, bulging or receding
Eyebrows: Brushy or thin, shape
Mustache: Length, color, shape
Ears: Size, Shape, Size of Lobe, angle of set
Eyes: Small, medium or large; color; eyeglasses
Checks: High, low or prominent medium cheek bones;
flat or sunken
Nose: Short, medium or bog; or long; straight, aquiline or fat or
pug
Mouth: Wide, small or medium, general impression
Lips: Shape, thickness; color
Teeth: Shade, conditions, defect, missing elements
Chin: Size, shape, lean, heavy or medium
Jaw: Length, shape, lean, heavy or medium
11. Neck: shape, thickness, length; Adams Apple;
12. Shoulder: width and shape
13. Wrist: Size and Shape
14. Hands: length, size, hair, condition of the palms
15. Fingers: length, thickness, stains, shape of nails, conditions of the nails.
16. Arms: long, medium or short; muscular, normal of thin, thickness of the twist
17. Feet: Size and deformities
5. Manikin Method
This makes use of a miniature model of a scene or of a human body indicating marks of the various aspect of the things to
be preserved. An anatomical model or statuette may be used and injuries are indicated with their appropriate legends.
Although it may not indicate the full details of the lesion, it is quite impressive to the viewer as to the nature and severity of
the trauma.
6. Preservation in the Mind of the Witness
A person who perceived something relevant for proper adjudication of a case may be a witness in court if he/she has the
power to transmit to others what he/she perceived. He/she would just have to make a recital of his/she collection.

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CHAPTER 6
CRIMINAL IDENTIFICATION

IDENTIFICATION
It is the process of determining the personality of a person or thing.

Importance of Identification of Person

1. In the prosecution of the criminal offense, the identity of the offender and that of the victim must be established;
otherwise it will be a ground for the dismissal of the charge or acquittal of the accused.
2. The identification of the person missing or presumed dead will facilitate settlement of the estate, retirement, insurance
and other social benefits.
3. Identification resolves the anxiety of the next-of-kin, other realties and friends as to the whereabouts of a missing person
or victim of calamity or criminal act.

4. Identification may be needed in some transactions, like cashing of check, entering a premise, delivery of parcel or
registered mail in post office, sale or property, release of dead bodies to relatives, parties to a contract.

Rules in Personal Identification


1. The greater the number of points of similarities and dissimilarities of two persons compared, the greater is the probability
to be correct. This is known as the Law of Multiplicity of Evidence in identification.
2. The value of the different points of identification varies in the formulation of conclusion. In a fresh cadaver, if the
fingerprints on file are the same as those removed from the crime scene, they will positively establish the identity of the
person while bodily marks, like moles, scar, complexion, shape of nose, etc. are merely corroborative. Visual recognition
by relative of friends may be a lesser value as compared with fingerprints or dental comparison.
3. The longer the interval between the death and the examination of the remains for purposes of identification the grate in
the need for expert in establishing identify.
4.In as much as the object to be identified is highly perishable, it is necessary for the team to act in the shortest
possible time especially in cases of mass disaster.
5. There is no rigid rule to be observed in the procedure of identification of persons.

Methods of Identification
1. By Comparison
Identification criteria recover during the investigation are compared with records available in the file or
postmortem finding are compared to ante-Morten records for example, latent fingerprints recovered from the crime scene
are compared to the fingerprints on file of an investigative agency.
2. By Exclusion
If two or more persons have identified an all but one is yet identified, the one whose identify has not been established
may be known by the process of elimination.

Identification of Person
1. Those whom laymen used to prove identity
This requires no special training or skill of the identifies and no instrument or procedure is demanded.
2. Those which are based on scientific knowledge
Identification is made by trained men, well-seasoned by experience and observation, and primarily based on
comparison or excursion.

Ordinary Methods of Identification


Characteristics which may easily be changed:
1. Growth of hair, beard or mustache
2. Clothing- form, texture or style
3. Frequent place of visit- favorite areas where a person usually visits such as coffee shop, beer
gardens, etc.
4. Grade of profession- a graduate or student nurse may be identified through her cap; mechanic by his
tools; a clergy man by his robe, etc.
5. Body ornamentations- includes earning, necklaces, rings, etc.
Characteristics that may not easily change:
a. Mental Memory
b. Speech
c. Gait
A person on account of disease or some inborn traits may show a characteristics manner of walking. A scientific
investigation of the gait pattern may be useful for purpose of identification and investigation of crime scene.
Gait pattern is the series of foot marks by a person walking or running.
Kinds of Gait
1. Ataxic Gait- a gait in which the foot is raise high, thrown forward and brought down suddenly in seen in persons
suffering from tabes dorsalis.
2. Cerebellar Gait- a gait associated with staggering movement is seen in person suffering cerebellar disease.

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3. Cow’s Gait- this refers to a swaying movement due to knock-knee


4. Paretic Gait- gait in which the steps are short, the feet are dragged and the legs are held more or less widely apart.
5. Spastic Gait- A gait in which the legs are held together and move in a stiff manner and the toes are dragged.
6. Festinating Gait- Involuntary movement in short accelerating steps.
7. Frog Gait- a hoping gait resulting from infantile paralysis
8. Wadding Gait- exaggerated alteration of lateral trunk movement similar to the movement of the duck.
d. Mannerism
Stereotype movement or habit peculiar to an individual. It may be:
1. Way of sitting
2. Movement of the hand
3. Movement of the body
4. Movement of the facial muscles
5. Expression of the mouth while articulating
6. Manner of learning
e. Hands and Feet
The size, shape, and abnormalities may be the baes of identification. Foot or hand marks found in the investigation of the
crime scene may be:
1. Foot or hand impression
2. Footprint or handprint
f. Complexion
This may be determined when the whole body is exposed preferably to ordinary sunlight.
g. Changes in the Eyes
A person is identified because he is near-sighted, far-sighted, color blind, astigmatic, presbyopic, deformity of the
eyeball, and the presence of disease are useful bases of identification.
h. Faces.
There different kinds of facial expression brought about by disease or racial influence.
The following are the kinds of faces:
1. Hippocratic Face
The nose is pinched, the temple hollow, eyes sunken ears cold, lips relaxed and skin vivid. The appearance of the face is
indicative of approaching them.
2. Mongolian Face
Almond eyes, pale complexion, prominence of cheek bones.
3. Face Leonine
A peculiar, deeply furrowed, lion-like appearance of the face. This may be observed in leprosy, elephantiasis and leontiasis
ossia.
4. Myxedemic Face
Pale face, edematous swelling which does not pit on pressure, associated with dullness of intellect, slow monotonous
speech, muscular weakness and tremor.
5. Left or Right Handedness
6. Degree of Nutrition
The determination must be in relation to the height and age.
Points of Identification Applicable to both Living and Dead person before Decomposition
1. Occupational Marks
1. Painters have stains on the hands and fingernails
2. Engineers and mechanics may have grease on their hands
3. A dress maker develops multiple puncture marks on the fingertips
4. Baker and miller may have flour dust on their clothing and on their bodies
5. Mason has callosities on the palms of their hands
6. Other similar marks relative to individual’s occupation.
2. Race- in the living, race may be presumed in:
a. Color of the Skin
1. Caucasian- Fair
2. Malayan- Brown
3. Mongolian- Fair
4. Negro- Black
b. Feature of the face
1. Caucasian- Prominent sharp nose
2. Malayan- Flat Nose with round face
3. Mongolian- Almond eyes and prominent cheekbone
4. Negro- Thick lips and prominent eyes
c. Shape of the Skull
1. Caucasian- Elongated Skull
2. Malayan- Round Head
3. Mongolian- Round Head
4. Red Indians and Eskimos- Flat Head
d. Wearing Apparel
Causal and customary wearing apparel may indicate race as well as religion, nationality, region and
customs.
3. Stature

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A person ceases to increase in height after the age of 25. There is apparent shrinkage in height after a long-standing
debilitating disease. There is actual shrinkage in old age on account of the compression of the inter-vertebral and also the
curvature of the spinal column. The growth of a person rarely exceeds five centimeters after the age of 18.
4. Tattoo Marks
This is the introduction of coloring pigment in the layer of the skin by multiple punctures. Tattoo mark may be inf the form
of initials, names, images of view which is helpful in the identification if person in the body of the person.
5. Deformity
This maybe congenital or acquired. Deformity may cause peculiar way of walking, body movement, facial expression,
mannerisms, etc. deformity like clubfoot, harelip, cleft palate, cystic conditions, bony prominence, etc. could be bases of
identification unless corrected surgically.
6. Birth Marks
Birth Marks which may be a spot naevi, port wine or a Mongolian blue spot could also be bases of identification but
it could be removed.
7. Injury Leaving Permanent Result
These are amputations, improper unions or fractured bones.
8. Mole- Ordinarily it is permanent but could also be removed
9. Scar- This is the remaining mark after healing of the wound.
10. Tribal Mark
This is a mark on the skin by tattooing or branding. Tribal mark is placed in the exploded parts of the body and used to
identify person or membership of a tribe or social group.
11. Sexual Organ
Male organ may show previous circumcision. In female, the uterus and breast may show signs of pervious pregnancy.
12. Blood Examination
Blood Type, disease, parasitic infection or toxic substances present may be utilized to distinguish one person from another.

Personal Identification through Anthropometry


This is also known as Bertillon System devised by Alphonese Bertillon. This method uses anthropometrical measurement
of the human body as the basis of identification. In addition, Bertillon was the first person to introduce portrait parle as an
aid in identification.
Bases of the Bertillon System
1. The human skeleton is unchangeable after the twentieth year
2. It is impossible to find two human beings having the same bones exactly
3. The necessary measurement can easily be taken with the aid of simple instrument.

The information included in the Bertillon system


1. Descriptive Data
Color of the hair, eyes and complexion shape of the hose, ear, etc.
2. Body Mark
Moles, scars, tattoo marks, deformities, etc,
3. Anthropometrical Measurements
a. Body Measurements- height, width of outstretched arms, and sitting height.
b. Head Measurements- length and breadth of head, bizygomatic diameter, and length of the right ear.
c. Limbs Measurements- Length of the left foot, length of the left middle and left little fingers, and length of left arm and
hand from the elbow to the tip of outstretched middle finger are measured.

Extrinsic Factors in Identification


1. Ornamentations- rings, bracelet, necklace, hairpin, earring, and lapel pin, etc.
2. Personal Belongings- letters, wallet, drivers license, and personal cards etc.
3. Wearing Apparel- tailor marks, laundry marks, size, style, sock and others
4. Foreign Bodies- dust in clothing, nail scrapping may show occupation, place of residence or
work, habit, etc.
5. Identification by close friends and relatives
6. Identification of records on file at the police department, immigration bureau, hospital, etc.
7. Identification photograph
Scientific Methods of Identification
1. Fingerprinting
2. Dental Identification
3. Handwriting
4. Identification of Skeleton
5. Determination of Sex
6. Determination of Age
7. Identification of blood and blood stains
8. Identification of hair fibers
9. Deoxyribonucleic Acid (DNA)
Two General Types of Suspect Identification
1. Positive Identification
This uses information that identify and individual beyond question and is legally acceptable as pertaining to an
originating from a particular individual.
Example:

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1. Information developed after comparing questioned with inked fingerprints


2. Result of DNA analysis of Blood and semen
2. Tracing Identification
This involves the u sed of all other information that maybe indicative of the personal identify of an individual.
Example:
a. Description of witnesses as to the appearance of culprits
b. Information about the presence of a suspect’s personal belongings at the crime scene.

CHAPTER 7
THE CRIME SCENE SEARCH AND CRIME
SCENE SKETCH

CRIME SCENE
It is said to be a treasure island in criminal investigation. It is because several pieces of evidence are mostly found in the
crime scene, which are very relevant for the solution of the crime
It is the venue or place where essential ingredient of the criminal act took place.
It includes the setting of the crime and also the adjoining places of entry and exit of both offender and victim.

TYPES OF CRIME SCENE


a. As to Location
1. Indoor Crime Scene
This crime scene entails that the offender committed the crime in an enclosed place; the crime could have been committed
in a room or inside the house but not necessarily the house of victim.
2. Outdoor Crime Scene
This crime scene is located in an open area. It could be inside the vehicle, airship, and vessel.
3. Continuing/Running Crime Scene
This crime scene has a mixed location from indoor or outdoor or vice-versa, or continuing outdoor alone, or from one place
to another of the same jurisdiction, or from place crossing to another area of jurisdiction.
b. As to Time of Commission
1. Daytime Crime Scene
This type of crime scene refers to a crime committed from sunrise to sunset.
2. Nighttime Crime Scene
This type of crime scene refers to a crime committed from sunset to sunrise.

CRIME SCENE INVESTIGATION (CSI)


It refers to a comprehensive inquiry of a crime scene by conducting systematic procedure of various investigative
methodologies which involve recovery of physical evidence and testimonial evidence for the purpose of identifying the
witness, and arrest of perpetrators for prosecution.
CSI shall technically commence upon the arrival of the First Responders (FR’s) and conclude with the lifting on the
security cordon and release of the crime scene by the Investigators on Case.

Procedure to be followed if crime incident is reported


If a report of a crime incident is received, the identity of the person who reported is noted, to include his/her address,
personal circumstances and possibly contact number.
Further, responding officers shall take note of the following:
1. The Means of the Report
This is either personal appearance, by phone or any other means
2. The Time of the Report
The exact time of the report, the hour and the minute should be recorded.
3. The Time of Dispatch
The time when the desk officer dispatches the investigators should also be recorded together with the names of the
investigator, with the means of transportation use, either by mobile car, taxi or other means.
All the above facts together with the time of arrival at the crime scene will form part of the investigation report to be
submitted by the investigator.

Debriefing of Initial Responders


Debriefing of the initial responders seeks to answer the following questions.
1. What is the scope and nature of the scene?
2. What actions are alterations had been taken or noted by firs responders including EMS?
3. What is the status of involves parties?
4. What level of security had been established and what further security actions are required?
The observation of the first people who witnessed a crime may not always be accurate, but they give the team a point to star
with. Responding officer should be reminded of the importance of documenting his/her findings, actions, and observations
in the initial police report.
What is the scope of the Crime Scene
In order to establish the extent of the crime scene, investigators should re-access the scene, ordinary after debriefing. They
must use the same criteria as the initial officer such as:
1. Primary Focal Points

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2. Avenues of entry or exit


3. Secondary Scenes
Based on experience, they may recognize minor nuisances that require expanding the perimeter. Also, the investigators
should explain changes to the initial responding officer as a mechanism of developing that officer’s knowledge and
experience base.
Duties of the Crime Scene Responder
1. Team Leader (Officer-in-Charge)- The one who directs the processing of the crime scene.
2. Assistant Team Leader- The one who implements or executes the order/s coming from his/her superiors.
3. Photographer-The one who takes photographs of all pieces of evidence that are relevant to the
crime committed.
4. Sketcher- The one who makes sketches of the immediate, background and inside the scene of the crime.

5. Master Note Taker- The one who writes down in short hand all observations at the crime scene such as whether
condition, time of dispatch and time of arrival at the crime scene and other relevant data that should be noted.
6. Evidence Man- The one in charge in the collection, preservation, tagging of the articles of evidence found at the crime
scene.
7. Measurer- The one who makes all relevant measurements of the scene such as;
1. The distance of the body of the victim to the firearm used
2. In motor vehicle Collison- the distance of the two vehicles to the points of references.
8. Security-They are tasked to protect the crime scene before, during and immediately after release of the crime
scene.
9. Driver- this refers to any personnel assigned to operate the mobile car during response.

Equipment in Crime Scene Responding


Responding to a crime scene requires the following equipment:
1. Searching Tools
2. Sketching Instruments
a. Measuring Devices- like compass, steel tape, rulers, etc.
b. Recording Material- like chalk, graphing paper, sketching pad, clipboard, paperboard,
etcm
c. Collection of Evidence- such as cutting flier, knife, screwed device, dropper, forceps, fingerprinting equipment’s, etc.

3. Preserving Materials
a. Container- like bottles, envelopes, test tubes, pins, thumb tacks, etc.
b. Label and Seal (evidence tags)- like gummed labels, sealing wax, grease pencil, etc.
Contamination Control
Once the crime scene team is confident of the scene scope, the team should act to further isolate the crime scene. Initial
perimeters are often a single barrier, leaving little if any buffer between crime scene and the on-lookers.
Contamination Control
Once the crime scene team is confident of the scene scope, the team should act to further isolate the crime scene. Initial
perimeters are often a single barrier, leaving little if any buffer between crime scene and the on-lookers.

Multi-level Containment
It involves two barriers which creates three areas of access. This keeps support police out of the actual scene and others at a
safe distance.
1. Inner Scene- It is the actual crime scene, where only authorized investigators and crime scene technicians
operate.
2. Working Area- It is an surrounding the inner scene, where other support police may enter, and
equipment is staged and evidence is brought to
3. Outer Area- It is everything on the outside of the second barrier, where on-lookers, media and others may
gather.

Managing Access to the Scene


Once the perimeter is established, a decision must be made on how the team will manage access to the scene. This involves
identifying actual access point for the team and establishing entry control points. Determining how to access the scene isn’t
always difficult but it isn’t always simpler either.

Crime Scene Team Approach


1. By Area- single group of investigators is responsible for all activity in the scene.
2. By Function- specific groups are formed to handle different scene processing aspect.
In normal scenes, customs and size of the organization will often determine the approach. In the complex scene, issues of
size or resources may require the organization to alter its approach. Lack of equipment resources to handle multiple scenes,
may force a functional approach. If equipment resources are not issues but size is; area teams may be necessary to handle
small zones with a large scene. The need for specialty examinations on scene may force a functional approach.

Managing the Crime Scene Team


Proper Management of the crime scene is as follows:
1. Crime Scene teams have to Managed properly
2. It is difficult to manage crime scene activity if the te4ams are under staff.

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3. Different stages of the processing methodology demand different levels of minimum manning.
4. Photography team requires two individuals such as:
a. One who operates the camera
b. The other maintains the photo log ang assist the first one
5. Sketch team requires three individuals such as:
a. One that takes measurements.
b. One who annotates the sketch and takes notes
c. In a pinch, two can do the job, but be careful as notes and measurements get mixed up.
6. Evidence collection team requires two individuals such as:
a. One who physically collects the items
b. The other maintains the evidence log
7. Search team is a matter of circumstance, but always require a minimum of tow individuals. Not two people perceive in
the same way, so two sets of eyes prevent items from being overlooked.
Initial Steps during Crime Scene Response
The following must be observed by the first responder to a crime scene:
1. Record the date, arrival time and the weather condition.
2. If an injured person is in the scene, arrange for medical attention, identification and removal. The scene should not be
disturbed only to the extent necessary to have medical aid rendered to the injured or to have a doctor examined a deceased
victim. Each alteration should be accurately recorded.
3. If the offender is at the scene, apprehend him.
4. If the scene is not fully protected, ensure its protection by using other policemen or other responsible person to keep
witness, suspects, and victims who are present from disturbing the scene.
a. It may be necessary to be re-route traffic, to prohibit employees from entering their place of employment or to take other
action to prevent any disturbance of the scene until a complete examination is made. The body of a deceased victims should
not be covered until thoroughly processed for evidence.
b. Early action is taken to protect items of possible evidentiary value that may be destroyed by rain, fire or other cause
before collection can be effected. For example, a raincoat or piece of canvass may be used to cover compression on the
ground that is exposed to rain. Items that will melt should be shielded from the sun or other heat source. Object such as
food and blood should be covered to protect them from contamination.
5. Determine and record the names of those person at the scene who may be witness, and separate them. These persons
shall be removed from the immediate area of the scene as soon as practicable.
6. Conduct preliminary questioning of witnesses, suspect and victims to determine in general the extent of the incident or
crime.

Note: Those present within the immediate area of the scene should only be the minimum number needed to assist the
investigator. It may be necessary to request other policemen or official present to refrain from examining or disturbing
objects of the scene.

Crime Scene Integrity Threats


A critical aspect in crime scene processing is to understand the crime scene integrity threats. There are three basic threats
the crime scene technician must recognized and they are as follows:
1. Addition of Material- Investigators and others end up creating evidence that didn’t exist. Addition includes:
a. Shoe prints
b. Fingerprints
c. Fibers and hairs
d. Cigarette butts
e. Pop Cans
f. Coffee Cups
2. Destruction of Materials- Investigators and others end up destroying evidence or damaging its
value. Destruction includes.
a. Trampled dust prints in avenues of approach
b. Bloodstains on the victim’s clothing
c. Trampled dew trails in outdoor scenes.
d. loss of evidence on the perimeter of the scene
e. loss of hairs and fibers on the body
3. Movement of Material- Investigators and others end up moving material in the scan changing its context.
Movement includes the following:
a. Weapons moved away from suicide victims
b. light turned on or doors and windows opened
c. staging actions by relatives. E.g. suicides or auto-erotic death.

CRIME SCENE PROCESSIING METHODOLOGY


Step 1: Initial Notification
As the initial responder must document the information that is presented to him/her.
a. who contacted them?
b. What were they told of?
c. How did that individual come to know the information?

Upon notification that crime transpired, first responder must perform the following:

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P - proceed to the scene promptly and safely ASAP


R - render assistance to the injured party
E - effect arrest of the criminal
L - locate and identify witnesses
I -interview complaint, victim, witnesses
M - maintain the integrity of crime scene and protect evidences
I - interrogates suspect if necessary
N - note conditions, events and remarks
A - arrange for collection of evidence
R - report the entire incident fully and accurately;
Y - yield responsibility to follow-up investigator of superior officer.
Step 2. Coordination, Assessment and Team Callout
Assess the situation. Is this my jurisdiction> how complex is the scene? What are needed? Who are needed here?
Assessment includes verifying the scene location: making mote of environmental conditions; and seeking out the initial
responder.
Step 3. Conduct Initial Observation
Conduct an initial scan of the scene, specifically look for the central theme items, victims; fragile evidence; avenues of
entry or exit; secondary scene. Act on fragile evidence immediately, take action before it is lost.
Step 4. Deal with the Deceased
Check apparent deceased victims for signs of life. Identify anyone who may have already examine victims. Coordinate the
ME investigators examination. Make not of any actions taken during these examination (ME or EMS that altered the body.
Step 5. Photograph the Scene
Once life-saving or death varying is complete, the scene is table, with no further reason to violate or alter it. Photograph the
scan as it is with both still and video. Concentrate on photographs that let the viewed see the overall context and conditions.
Step 6. Document Overall Observations
Unlike the initial scan, this is an in-depth observation and description of the scene. Requires a wall-through, but without
altering anything, since sketching and mapping have not been completed. Use an eight-step descriptive set: quantity, item,
color, type of construction, approximate size, identifying features, conditions and location.
Step 7. Sketch the Scene
Create a rough sketch of the scene that includes room and openings with dimensions; furniture with dimensions; evidence
items, with fixing measurements and support the actual sketch with written notes of measurements.
Step 8. Conduct a First Re-Check
Up to this point all obvious evidence and scene features have been noted, photographed and sketched. Visually re-check the
scene to ensure that no items or critical observations were overlRe-Chec
Step 9. Release the Body
Release the body from the scene to appropriate authorities. As it is moved examine the body, being sure to: document all
surfaces before post incident bleeding occurs check the body with an ALS for easily dislodged hairs, fibers of other trace
evidence, preserve fragile evidence by bagging expose hands or feet.
Step 10. Collect the Evidence
Collect all evidence that were already located and documented. Examine each item for additional photographs to documents
close-up detail. Ensure each item is fully documented on an evidence custody form.
Step 11. Conduct a Second Check
All known evidence has been safely containerized and removed from the scene. Second recheck involves far more intrusive
actions including:
1. Checking surfaces with the ALS
2. Fingerprinting walls and other scene surfaces
3. Exploratory searches and movement of furniture
The crime scene investigator is constantly encountering new evidence. This requires stepping back in the process to play
catch up.
Going back is an integral part of the second rechecking as new evidence may be discovered. This going back is a constant
behavior. In both the search and collection phases it is a routine to encounter new evidence. A failure to stop and go back,
results in partial documentation where critical information is lost and not documented.
Step 12. Conduct a Third Check
Verify all areas of scene which were perhaps overlooked. Conduct rechecks until these are negative. This is a good time to
review checklist. Conduct extremely intrusive actions like chemical enhancements of floors, bullet trajectory analysis or
bloodstain pattern analysis.
Step 13. Check beyond the Scene
Check the scene perimeter an outlying area to ensure that no secondary scenes were overlooked. Good time to follow blood
trails. If present, using both visual and chemical techniques.
Step 14. Conduct an On-Site Debriefing
Before releasing the scene, spend a few moments with the entire team reviewing and discussing the actions taken. Make
sure that no assignments were forgotten or overlooked by the team. Check individual documentation to ensure everyone is
clear on directions and other scene aspects. This prevents later contradictions.
Step 15. Release the Scene
Release the scene to an appropriate individual. This can only be done after you are confident that all activities are complete.
The only way back is with an additional search warrant. Remember, if you are unsure, it only takes manpower to hold a
scene.
Steps 16. Process and Package all Evidence

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On-scene collection may require temporary evidence containers. Package all evidence for the long term as soon as
practical, which may include drying of bloody objects. Check evidence vouchers against scene documentation. If errors are
noted, correct if possible and note any contradictions.
Steps 17. Conduct a Formal Debriefing
The debriefing should involve all available parties including the ME investigator, initial responding officer, investigator
and crime scene technicians. Revisit basic information and actions taken. This briefing helps eliminate investigative red
herrings and focus investigative efforts.

PNP Operational Procedures Manual


If the Scene of the Crime Operation (SOCO) is responsible in investigating the crime scene, the procedure would be as
follows:
1. Mandatory Briefing
2. Initiation of preliminary survey
3. Conduct of Interview
4. Preparation of narrative report
5. SOCO team detained search
6. Final Survey
7. Release of crime scene
Crime Scene Responders Specific Functions, Responsibilities and Procedures
1. First Responders (FRs)
1. The first police officers to arrive at the crime scene are the FRs who are dispatched by the local police station/unit
concerned after receipt of incident/flash/alarm report.
2. Immediately, the FR shall conduct preliminary evaluation of the crime scene. This evaluation should include the scope of
the incident, emergency service required, scene safely concerns, administration of live saving measures, and establishment
of security and control of the scene.
3. The FR is mandated to save and preserve life by giving the necessary firs aid measure to the injured and medical
evacuation as necessary. The FR shall likewise secure and preserve the crime scene by cordoning the area to prevent
unauthorized entry of persons.
4. The FR shall take dying declaration of severely injured person, if any. The FR shall make the initial assessment on
whether a crime has actually been committed and shall conduct the preliminary interview of witness to determine what and
how the crime was committed.
5. If and when is a suspect present in the area, the first responder shall arrest, detain, and remove the suspect from the area.
6. The FR, upon the arrival of Investigator-on-Case (IOC), shall turn-over the crime scene to the duty investigator/OIC after
the former has brief the investigator of the situation.

2. Investigator-on-Case/Duty Investigator
1. Upon arrival at the crime scene, the IOC shall request for a briefing from the FR and make a quick assessment of crime;
2. At this stage, the IOC shall assume full responsibility over the crime scene and shall conduct a thorough assessment of
the scene and inquiry into incident. If necessary the IOC may conduct crime scene search outside the area where the
incident happened employing any of the various search methods.
3. Based on the assessment, if the OIC determines that a SOCO team is required, he shall report the matter to his/her COP
and requires for SOCO, otherwise, the OIC shall proceed with the CSI without the SOCO team.
4. The IOC may by himself/herself if the situation so demand, conduct CSI. If there is no Provincial Crime Laboratory
Office/Regional Crimea Laboratory Office in the province. The IOC must, however, ensure that the correct procedures in
the collection of evidence are observed to ensure the admissibility of the evidence.
5. The Police Station Operation Center, upon directive of the COP, shall make the request for the SOCO team through the
Provincial/City Operations Center.
6. It shall be the responsibility of the Provincial/City Operations Center to facilitate the request for the SOCO Team.
7. Upon the arrival of the SOCO Team, the IOC shall accomplish the CSI form, request for the Conduct of SOCO and
submit the same to the SOCO Team Leader. The SOCO Team shall not enter the crime scene unless the IOC makes
the official written request wherein he assures the SOCO team of his presence and support.
8. The IOC shall brief the SOCO team upon their arrival at the crime scene and shall jointly conduct the preliminary crime
scene survey.

2. SOCO Team
1. The SOCO Team shall not join any operation conducted by the local police or accompany the FRs or the IOC in going to
the crime scene. They will only respond upon request through the Operations Center and after the IOC has already made
proper assessment of the crime scene.
2. Upon receipt of the request of SOCO, the SOCO Team shall then conduct the scene of the crime operations which
include among other the narrative description of the crime scene, photography, videography, crime scene search, crime
scene sketch, crime scene location sketch, physical evidence recording and collection and other procedures necessary.
3. In case the SOCO Team needs to temporarily suspend the processing, the Chief of Police shall be primarily responsible
and accountable for securing the crime scene and ensuring its integrity until the return of SOCO Team and the conclusion
of the CSI.
4. after the termination of the SOCO, the SOCO Team leader shall brief the IOC on the initial result and thereafter conduct
the final crime scene survey together with the IOC.
5. The SOCO Team shall accomplish the CSI Form, SOCO Report Forms and furnish the IOC of copies of the same before
leaving the crime scene.

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3. Release of the Crime Scene


1. the IOC shall decide on the lifting of the security cordon and the release of the crime scene upon consultation with the
SOCO Team Leader and he/she shall be responsible in ensuring that all pieces of potential evidence were collected by the
SOCO Team as any re-entry into the crime scene after it release to the owner will require a search warrant issued by the
court.
2. the IOC shall ensure that appropriate inventory has been provided by the SOCO team and shall only lift the security
cordon and release the crime scene only after completion of the documentation process.
3. The IOC or the COP shall turn-over the crime scene to the owner of the property or where the crime scene is a public
place, to any local person in authority.
CRIME SCENE INVESTIGATION NOT REQUIRING SOCO ASSISTANCE
Report of Incident To Police Unit

First Responder Proceed to the


Crime Scene

Investigator-on-case arrive at the


Scene

REQUIRING SOCO ASSISTANCE


1. The investigator-on-case conduct assessment of the crime scene

2. Investigate the incident


3. In case where the evidence encountered need special processing due to significant or sensational cases, the Scene of the
Crime Operation (SOCO) specialist of the Crime Laboratory shall be requested.
4. The investigator-on-cased turn-over Crime Scene to SOCO and assist in security the crime scene perimeter area.
5. Observe the conduct of SOCO by Crime Laboratory
6. Receive the Crime Scene from the SOCO Team.
SIGNIFICANT CASES:
1. Bombing Incident
2. CT initiated terrorist activities
3. Raids, ambuscade, liquidation
4. KFR (Kidnap for Ransom) cases
5. Armed Robbery of Banks and others
6. Financial Institution
7. Calamity/Disaster
8. Massacre
9. Heinous Crimes
10. Murder, Homicide, Arson, Rape with Homicide
SENSATIONAL CASES:
1. Elected Public Officials (Brgy. Captain to President of the RP)
2. Appointed public officials with the rank of commissioner secretary and undersectary
3. Foreign Diplomat
4. Any foreigner
5. PNP/AFP personnel
6. Ex-high ranking government officials
7. Other prominent figures such as movie star, sports star, tri-media practitioners, professionals and prominent
businessman, prominent leaders of religious organizations

CRIME SCENE INVESTIGATION REQUIRING SOCO ASSISTANCE


Report of Incident to Police Unit

First Responders proceed to the Crime Scene

Investigator-on-case arrive at the crime scene

Investigator-on-case request for SOCO assistance

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Investigator-on-case turn over Crime Scene to SOCO

Conduct of SOCO by Crime Laboratory

Release to Crime Scene to Investigator-on-Case

Six Important Forms of Crime Scene Documentation


1. Administrative Worksheet
This is used in documenting major events, times and movements relating to the search efforts. It is also appropriate in
recording initial and continuing management and administrative steps which are taken to ensure that an organized
search is accomplished.
2. Narrative Description

This involves record of the crime scene general appearance as first observed. However, extreme detail regarding evidence
or actual collection of evidence is beyond the scope of the narrative description.
3. Evidence Recovery Log
It consists of the record of how physical evidence was recognized, collected., marked and package for administrative and
chain-of-custody purposes.
4. Latent-Print Lift Log
It refers to the record of how fingerprints and other prints at the CS were discovered, collected, marked and
packaged.
5. Photographic Log
It refers to the record on how the CS was systematically documented using still and video cameras. The log shows the
overall, medium, and close-up views of the scene. It contains a series of photographs of the CS taken in a systematic
manner based on SOP.
a. Take Long-Range- photos of the locality, points of ingress and egress, normal entry to the property, exterior of the
building/premises, and street signs or other identifiable that will establish location which is taken to portray the areas as if a
person viewing the scene is seeing it from the standing position. The photographer takes the photograph with the camera at
eye level.
b. Take Mid-Range- photos of the immediate CS and the location of objects of evidence within the area or room which
portrays the scene from approximately 10-20 feet from the subject matter.
c. Take Close-Range- photos of specific evidence (strands of hair, fibers, footprints, and bloodstains) approximately 5 feet
or less from the subject matter.

Three Common Methods of Documenting the Crime Scene


1. Note Taking
1. It serves as a persona record of the search for evidence
2. It should be detailed so as to be understood as well
3. It should begin with the crime scene specialist name and assignment to the case
4. It should be supplanted by sketches and photographs of the scene
5. It should be recorded in a sequential order
6. It should be complete
Note: Notes are valuable not only as aid to as an accurate recall of events to be testified to in court, but also to furnish the
raw material needed in the written formal report of the case. A different notebook should be used for each separate case and
the notebooks should be kept permanently in a safe place.
2. Sketching
It refers to the process of recording of information with respect to its location, position, measurement, orientation and
details of findings in a sketch pad through symbols, arts and figures.
3. Photographing the crime scene importance of photography
1. Permanent record of the crime scene
2. The first step in the investigation of any crime is to photograph all aspects of the crime scene completely and accurately
before any of the objects of evidence is removed or disturbed. It is better to take to many photographs than too few.
3. Reconstruction of the crime scene.
Field Inquiry
It refers to the general questioning of all persons at, near or around the crime scene for purposes of gathering information
about the crime.
The moment that the investigator sets his/her foot at the crime scene, he/she must immediately conduct the general
questioning of all people present threat or he/she may assign his/her assistant or any member of the investigating team.
Most often, the members of the Mobile Patrol Bureau who arrived at the scene earlier had already conducted the field
inquiry and have in their custody the witnesses and or the suspect. The investigator should not stop here but conduct further
field inquiry at the remaining people or who will arrive at the scene.

METHODS OF CRIME SCENE SEARCH


Five Critical Ingredients of Good Crime Scene Processing

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1. Knowledge- This refers to the basic understanding of the crime scene technicians about what they are trying to
accomplish and why.
2. Skills and Tools- The technician must have the appropriate equipment and be skilled with it in order to collect the
various types of evidence he/she may encounter.

3. Methodical Approach- The methods employed by the technicians must be encompassing and purposefully regular.
4. Flexibility. Although methodical, the technician must also be flexible in order to deal with unique situation.
5. Coordinated Effort- The entire team must coordinate their efforts in order for everyone to pursue the same goal.

Six Crime Scene Actions


1. Assessing- the assessment of the scene assists the investigator in making a cession on what to do, when to do it, and what
resources may be required. Assessment must be accomplished before taking any action, but assessment as on-going activity
as well. The investigator is constantly assessing the scene throughout processing.
Five Issues of Assessment
1. Scope and complexity of the scene
2. Scene integrity and contamination control
3. Team approach and composition
4. Search methods to be used
5. Personal protective measures
Assessment by the crime scene team always involves a debriefing of the initial responders.
2. Observing- The most common activity involved in crime scene processing is observing. Critical observation is the act of
mentally registering the condition of the scene and artifacts found it. Observation is inclusive in assessing the scene but
always precedes the other activities. Observing by itself is a non-intrusive action, but it often leads to ah-hoc search
behavior.
In the initial stages, observing is always conducted in a non-intrusive fashion. The investigator consciously acts to only
observes and not move or alter items in the scene as he/she observes him.
3. Documenting- The scene involves a variety of actions.
These includes:
1. Creating written notes of observations
2. Obtaining photographs of the scene in-situ
3. Videotaping the scene
4. Creation of crime scene sketches
Documenting the scene involves both non-intrusive and intrusive actions, hence, in the documentation, step there is an
order as well. This order goes from least intrusive to most intrusive, typically following this sequence.
1. An investigative walk through, creating written notes of basic observations
2. Photographing the scene in-situ, without altering or changing it.
3. Video-taping the scene
4. Sketching and measuring the scene
5. Close-up photography of specific details and artifacts thay may require manipulation.
This order allows the investigator to capture the complete scene context, altering the context.
1. The investigator makes written notes of a revolver on the floor. (e.g. brand, caliber, location)
2. The unaltered revolver is captured in the photographs in the exact position.
3. The unaltered revolver is included in the sketch and measurements are taken documenting its exact position.
4. It is then handled and photographed to show cylinder conditions and other details.
4. Searching- The nature of crime scene searches is always intrusive; searchers may alter the original condition of the
scene. To properly search, the investigator must move through the scene, move the items and examine all surface. Because
of this, searches are accomplished in stages. The initial observation is a form of visual search.
True initial searches are done with limited alteration of the scene to prevent disturbing any unobserved evidence. Later
searches are extremely intrusive, often requiring dismantling and movement of objects in the scene.
5. Collection- Collecting evidence is a very intrusive action. Once collected, the context of the item and the scene are
already disturbed. There is no undoing the act of collection. Unless there are issues of fragile evidence, collection of
evidence is accomplished only after all scene context is documented. Different forms of collecting evidence result in
different levels of alteration. Extremely intrusive collection activities are always conducted last in the collection stage.
Thus, collection may be sequenced as well.
Examples:
a. Recovering a revolver or casing from the floor has no impact on the remaining scene context. It creates no further them.
b. Recovering a bullet from a wall requires damaging the wall and may introduce wall board dust into the scene, affecting
other areas.
6. Analyzing/Processing- This often involves significantly intrusive behaviors, including:
a. large scale latent print processing of walls and furniture
b. chemical enhancement of latent prints or bloodstains on floors, walls or objects
c. Forensic analysis of specific objects of evidence at the crime laboratory.
Investigative Ethics
The function of an investigation is to discover the truth. There should be no other agenda. Personal agenda and personal
involvement will wrap the investigators perspective. The investigator must remain neutral and impartial professional.
To remain neutral and impartial, the investigator must:
1. Investigate completely and thoroughly
2. Consider and report all evidence and information
3. Consider all viable hypotheses to explain the evidence

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4. Not be swayed by any lawyer.

Crime Scene Search Pattern


If the area to be searched is limited indoors with few contents or any other situation, which will preclude a systematic
search, no standard procedure of search is recommended. Nay method of choice will do, provided that alertness, knowledge
and experience of the participating investigators are present. If the area to be search is quite extensive, a more systematic
scheme of approach is recommended.
1. STRIP METHOD
The Searchers (A, B and C) proceed slowly at the same pace along the path parallel to one-side of the rectangle. At the end
of the rectangle, the searcher turn and proceed back along new lanes – but parallel to the first movement.
- the area is blocked out in the form of a rectangle. The searchers (3 person is
good) proceed slowly at the same pace along paths parallel to one side of the
rectangle.

2. DOUBLE STRIP SEARCH METHOD


- (In the modification of the Strip Method, known as “double strip or grid
method”, the rectangle is traversed first parallel to the base, and then parallel
to the side).
- modification of the strip search method. The rectangle is traversed first parallel to the base
then parallel to a side.
3. SPIRAL SEARCH METHOD
- The searchers (3 person is good) follow each other along the path of a spiral beginning
on the outside and spiraling in towards the center- or vice versa.
K

4. ZONE SEARCH METHOD


- one searcher is assigned to each subdivision of a quadrant and then each quadrant is
cut into another set of quadrants.

5. WHEEL SEARCH METHOD


- the area is considered to be approximately circular. The searchers gather at the center and
proceed outward along radii or spokes. Procedure is repeated several times depending on the
size of the circle and the number of searchers.

THE CRIME SCENE SKETCH


SKETCH is the graphic representation of the scene of the crime with complete measurements of the relative distance of
relevant objects and conditions obtaining therein.
The word sketch means to draw or to scale, with important dimensions at the scene being shown to a good degree of
accuracy.
Legally, for a sketch or diagram to be admissible in court, it must:

1. Be part of some qualified testimony


2. Be related to the observed situation (the person must have seen the area express it
correctly.
Why is sketching the crime scene vital?
The following are reason for sketching the crime scene;
1. To refresh the memory of the investigator
2. To express the precise location of objects and their relationship to other objects and surroundings.
3. To assist the prosecutor and the judge in understanding the conditions at the crime scene
4. To supplement photographs
5. To assist in the questioning of witnesses and suspects

Parts of the Sketch


1. Title- refers to the crime committed or the incident happened such as vehicular accident, homicide case,
drowning, rape case and others.
2. Body- refers to the sketch proper to include the position of the victim and other items in the crime scene. It
includes proper measurements of distances of objects in the crime scene.
3. Compass Direction (Orientation)- refers to the standard arrow to indicate the north direction. To
find the north without compass, determine the east where the sun rises. Facing east, your left side is the north
direction.
4. Nature of Case- refers to the status of the case whether currently committed or days had passed after its
discovery.
5. Location of Incident- refers to the place where the incident happens.
6. Date/Time of Incident- refers to the exact time and date of the incident. This can be gathered
through interviews from eyewitnesses and other persons in the area.
7. Name of the Victim- is part of the sketch where name of the victim is written.
8. Name of the Suspect- refers to the part of the sketch where the name of the suspect is written.

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9. Measurement- is an element of sketch with measurements showing accurate spaces and distances of
relevant object to their point of references.
Example:
The distance of a loaded pistol to the body of the victim and the nearest wall. Point of Reference must always be on two
points to give the exact location of the object by way of latitude and longitude. The room area must be measured by
width and length, together with the heights of the walls, the size of the door and the direction of its swing.
10. Essential Items- all items in the scene must be included. Never decide outright that some items are
irrelevant. As your proceed in the investigation, these seemingly irrelevant items will become relevant or
material in the investigation.
11. Scale of Proportion- is the element of the finished sketch. It is the essential of the finished sketch.
It is the essential of the finished sketch to the actual size or measurements at the scene. The scale of
1:50 means that one inch in the sketch measurement is 50 inches in the actual scene measurement.
12. Legend- is usually placed at the bottom of sketch outside the sketch of the scene. Number represents the
objects in the crime or letters in order not to unnecessarily crowd in the graphic presentation. Their
descriptions are found in the legend.
13. Sketcher’s Name and Signature- is where the name of the sketcher and the team leader or the officer in
charge are written and signed.
14. Date and Time- refers to the exact time and sketch was made.

GENERAL KINDS OF SKETCH


1. Rough Sketch
This is a sketch made by the investigator at the
crime scene, which is full of important details but
without the scale of proportion. This is used as
the basis for the finish sketch.

2. Finished Sketch
This is a sketch with a scale of proportion.
Drawn by a draftsman, it can be used for court
presentation. Rough and finished sketch if
requested by the court shall be presented by the draftsman to clear doubts or the jury.

TYPES OF SKETCH

1. Floor plan (Birds Eye View)

2. Elevation
Sketch/Drawing
-used to show slopes present at the scene.

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- these are sketches to show elevation perspective at the crime scene.

3. Exploded View

4. Perspective Sketch/Drawings
a.

b.

SPECIFIC KIND OF SKETCH


1. Sketch of Locality
This deals with the vicinity of the crime scene in relation to the environs, to include neighboring buildings, structure, or
means of access leading to the scene. This kind of sketch is applied in conflagrations, suspected to be arson, indicating the
origin of the fire and how is spread naturally or unnaturally against the wind.
2. Sketch of Grounds
This is the kind of sketch which illustrate the scene of the crime with the nearest physical surroundings, such as the room
adjacent or opposite the room of the crime scene, the number of floors of a building or house, the yard and the other natural
structure.
3. Sketch of Details

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This includes the positions and exact locations of the physical evidence in the crime scene. It describes the immediate scene
only like the room where the crime was committed and the details of items in the room.

CHAPTER 8
THE BASICS IN SURVEILLANCE

SURVEILLANCE
It is defined as the discreet observation of persons, places and vehicles for the purpose of obtaining information
concerning the identities or activities of criminals.
SURVIELLANT
It refers to the person who conducts the surveillance or performs the observations.
SUBJECT
It refers to the person, place or vehicle being observed by the surveillant.

Types of Surveillance based on the knowledge of the subject:

1. Covert Surveillance
This is a type of surveillance conducted to a subject who is unaware that he/she is under surveillance.
2. Overt Surveillance
This occur if the subject is aware that he/she is under surveillance.

Kinds of Surveillance based on the location of the subject:


1. Fixed Surveillance
This is usually performed when surveillance is directed to a particular building or premise. The surveillant is immovable in
place while observing his/her subject.
2. Moving Surveillance
It is performed by foot or by the use of any transportation vehicle in order to observe the subject.
Shadowing or Tailing
It refers to the act of the surveillant of following his/her subject to detect criminal activities, to establish the association of
subject, to find a wanted person and many other purposes.
Roping
It is a kind of undercover work wherein surveillant assumes different roles and identify in order to obtain information.
Purpose of Surveillance
1. To get information on criminal activities as bases for future raid.
2. To discover the identifies of person frequenting the place
3. To prevent the commission of crime
4. To establish legal grounds for the application of a search warrant
5. To arrest the criminal in flagrante delicto or caught in the act.
Procedure in Fixed Surveillance
1. Use a room in a nearby house or building
2. Use camera with telephoto lens and powerful binoculars in order to get pictures of subject, visitors and activities.
3. Use listening devices, if situation allows
4. Some surveillants may remain outside, posing as carpenters, plumbers
Tools used in fixed surveillance
1. Binocular
2. Telescope
3. Cameras with telephoto lens
4. Wiretapping devices
5. Listening devices
6. In case there is difficulty in wiretapping device, an expert in lip reading must be employed.
Personal Appearance for Surveillant
1. He/she must be of an average height, built and general appearance of a person who could easily mingle with the
crowd without being conspicuous.
2. Adapt an inconspicuous clothes and jewelry
3. Grooming and body accessories must blend with the crowd to avoid unnecessary attraction or attention or to avoid
him/her being fixed in the mind of a very observant person.
4. Avoid noticeable peculiarities in appearance and mannerism
5. He/she must be resourceful, alert, quick-witted and versatile to reason out once accused by others.
6. A good actor by being able to find to avoid suspicion in an embarrassing situation.
7. Be prepared for a “cover story”. The cover story must be believable regarding his/her personal appearance. If he acts as a
vendor, he/she must look as one without the display of manicured fingernails or attire at odds with fictitious personality.
Purposes of Foot Surveillance
1. To detect pieces of evidence of criminal activities.
2. To establish the associates of the subjects;
3. To establish places frequented by the subject and his place of operation or temporary residence.
4. To locate a wanted person
5. To protect witnesses or complainants

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6. As part of background investigation of a certain person for a lawful cause in promotion, appointment or
award.
7. As a form of loyalty check for suspected employees in cohorts with criminals or shady characters.
Don’ts in Foot Surveillance
1. Never meet the eyes of the subject to avoid suspicion. If the subject makes and abrupt turn, avoid face-to-face
confrontation by looking elsewhere away from the face of the subject.
2. Avoid lurking (waiting), sleuthing (look for clues) and creeping (stealing) manner. Don’t lurk in doorways, stalking
behind the subject, crouch and sneak around the corner. All of these will attract attention.
3. Don’t wear story-book disguises, false whiskers, artificial noses or scars and faked deformities and the like rarely if even
are convincing for any length of time even when worn by profession make-up artist. These disguises may be good for
theater but not for the street.
4. Never carry noticeable notebooks, brief case or other objects. Don’t greet fellow officers or allow them to greet you by
way of signals like blocking the lips with a finger.
5. Don’t make entries or notes in your notebooks ostensibly or display publicly.

Preparing for Shadowing


1. If the subject is unknown to the surveillant, have somebody point him/her or obtain a full and complete description of
the subject.
2. Have a complete background of the subject such as habits, haunts, social life and places frequented.
3. Surveillant should adapt his/her attire to conform to the place where he/she expects to find the subject
4. He/she should be casual and should not be apparently centered on the subject. Avoid nervousness and haste. Patience
will count much.
5. Study the place and surroundings of the target as illustrated in his/her mental map to include transportation, entrances
and exits and communication facilities. If he/she loses the subject, he/she knows how to establish the trail again.
6. It must that the identity of the subject be known at the start before embarking surveillance. This is important in order that
the surveillant will be prepared if there will be a violent confrontation.

Methods of Foot Surveillance


1. One Man Shadow
It is conducted by one man in shadowing a subject. The surveillant should establish the contacts of the subject, place
visited, girlfriends and confidants.
Example: In case the subject will used the telephone booth, the shadowed must feign a call at the available booth.
2. Two Mand Shadow
This is easier for the surveillants to fully cover the subject. The methods allow the exchange of the positions of the
shadowers in order to avoid discovery. One shadower will follow behind the subject and the other may either be abreast or
on the opposite side of the street or following the first shadower.
3. Three-man Shadower of ABC Technique of Shadowing
The three shadowers are represented as A, B, C. this is how they work. A is close to the subject and follows him/her at a
distance depending on the pedestrian traffic. B follows A at the same distance of A to the subject. If vehicular traffic is
moderate, it may be opposite him/her on the other side of the street. B and C take turns in assuming the position of A to
prevent A from becoming familiar and noticeable figure to the subject. Pre-arranged signals are encouraged.

Advantage of the Three-man Shadow or ABC method


1. When the subject becomes suspicious of any of the operatives, said operative could quickly drop out of the shadowing.
2. If subject suddenly turns a corner. A may continue straight ahead, instead of rushing to the corner and anxiously
looking for the subject. C t hen crossers the street and follows the subject, to take the positions of A, C, is in a position to
view any sudden disappearance of subject towards a door or building.

Tactics and Technique of Shadowing


1. Turning Corners
The surveillant should not rush if the subject turns to a corner. If the subject disappears, the nature of the surrounding will
determine the tactics to locate the subject. It is preferable to lose the subject rather than alerts him/her in the tail.

2. Entering a Building
If the building has no back exit, the surveillant should wait until the subject comes out. It is necessary to follow the
subject inside the building if there is an exit at the back of the building. In case the subject boards an elevator, the
surveillant should also board the elevator. The surveillant should tell the elevator boy the same floor as that of the subject or
he/she may proceed to the top floor. If there are more than one shadower, one should alight on the floor of the subject. The
other may proceed to other directions such as the first floor where they could wait for the subject.
3. Riding a Bus
The surveillant should board the same bus sit behind or at the side of the subject. If the shadower misses the bus, he/she
should board a taxi and board the bus at a place ahead.
4. Riding a Taxi
If subject rides on a taxi, the shadower should take another taxi and note the plate number and the company name of the
subject’s taxi. If he/she fails to tails to tail the taxi, he/she should get information from the taxi company through the driver
of the taxi for the disclosure of the subject’s destination.
5. Riding a Train

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The shadower must fall in line toward the ticket booth, behind the subject so that he/she could overhear the destination or
he/she could merely request for a timetable or a ticket for the last destination.
6. Inside the Restaurant
Shadower should allow the subject to select a table before entering the restaurant. The shadower must select the obscure
table and estimates to finish his/her meal at the same time as that of the subject.
7. In a Hotel
The room of the subject could be inquired from the hotel registry. Once pinpointed, the shadower must take an adjacent or
opposite room. If there are no available on this arrangement, the nearest vacant room should be the choice.
8. In a Theater
The shadower should be seated behind the subject. If the subject gets out, she/she should follow in a different exit point.
9. Inside a Private House
The shadower should wait outside at a distance to be inconspicuous, taking the address and the occupants to be verified
later.
10. Inside a Small Private or Public Office
The shadower must wait outside, pretending to be a customer of nearby establishment
11. Telephone Booth
The shadower may take the next booth of stand near the subject to hear the conversation. The telephone book used
and the page number at which it was left often should be noted.
Common Trick of the Subject in Surveillance
1. Test for Tailing
When the subject is conscious that he/she is being tailed while about to board a public conveyance, he/she usually jumps
off the vehicle. If somebody also jumps off, he/she then recognized the shadower, which will be the basis for future
recognition.
2. Use of Convoy
The subject employs other partners to detect if he/she is being tailed. The convoy which may employ the ABC method
would be very easy to detect shadowers. If the subject uses this, the shadower must be behind the convoy and follow them
instead.

Techniques in Automobile Surveillance


1. At least two or more cars should be used with at least two persons assigned in one car.
2. The second car should follow the first car at a distance effective for tailing
3. The second and successive cars should follow each other in the same distance of the first car to the subject.
4. If only one car is used, it should follow the subject’s automobile at a distance, which is effective to the purpose.
5. The manner of driving should be changed as often as needed by alternating between the right and the left lanes. Pre-
arranged signals should guide the alternating car position behind the subject. This is done to avoid detection.
6. If the subject employs convoy of vehicles, this must be immediately discovered so that the shadowing vehicles should be
positioned behind the convoys.

7. In parking the surveillance vehicles, it should be in the next block. The building exits and the subject’s car should be kept
under close observation.
8. The occupants of the surveillance car should be at the back seat and should remain inconspicuous. If considerable time is
available, they should leave the car and walk back and forth in the street.

UNDERCOVER OPERATION
It is a police operation wherein the investigator assumes a fictitious identify in order to infiltrate the ranks of the criminals
for the purposes of obtaining information.
This should be the last resort if no other effective means of obtaining information is available. It is a last resort
because of the risk involved which may cause the loss of life or limb of the investigator.

UNDERCOVER AGENT
It is a person who conducts an undercover assignment. He/she should be knowledgeable on the subject’s language or
dialect, customs and habit, physical appearance among others.

Purpose of Undercover Operation


1. Gathering Evidence
The undercover agent can observe criminal activities, hear conversations, photographs documents and performs
other activities for collating and gathering evidence.
2. Counter-Intelligence
Counter-Intelligence operation is a means to identify the double-crossers. The undercover agent could validate the
truthfulness of the information given by informants.
3. Installation of Surveillance Equipment
The agent is in a position to secretly install surveillance equipment such as hearing devices or wiretapping facilities.
4. Loyalty Check
This applies to private or government employees who are security risk personnel, especially those involved in
intelligence work.
5. Penetrating Subversive Organizations
By nature of the operations of this organization, which is clandestine, the only effective method of obtaining information
is by undercover operations.
6. Basis for a Successful Raid

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The information obtained by the undercover agents are direct, hence they are important base for the planning and execution
of future raids. The agent is in a position to known the armaments of t he targeted criminals.

Types of Undercover Assignment


1. Work Assignment
If the agent is to be employed as a janitor, he/she must know his/her work and appear as such, focusing his/her
mentality and habit to work assignment. He must avoid language of refinement in order that his/her educational background
will appear as to that of janitor.
2. Social assignment
These are places of amusements, such as bars, nightclubs and other places of entertainment where a subject
frequently goes. Criminals throw a major part of their loot to these places and the undercover agent must know the
hostesses who are girl friends of the criminals. He/she must know how to drink socially without getting drunk.
3. Subversive Organization
He/she must know the ideologies of the organizations in order suit his/her philosophies and actions while inside the said
organization.
4. Residential Assignment
This concerns the neighborhood of the suspect where the undercover agent fits himself/herself as a new resident,
without generating suspicion. The purposes are to be befriend to those who could give information and possibly get closer
to the subject.
5. The Fictitious Personality
The preparation should include the fictitious background of the undercover agent. He/she must discard all papers
and identification cards, etc. A new set of background information should be issued to him. The agent must memorize all
the details of his/her fictitious background.

Communications by the Undercover Agent to the Headquarters


1. Telephone

Utmost secrecy must be the guideline in calling headquarters. Modern telephone having their caller’s ID that my trace who
is calling. It is better to use a dial public booth not connected with the local switchboard operator. Different telephones must
be used. If using a cell phone immediately erase the number called, a technique must be used in the cell phone so that the
number of the person called will not appear in the record. Text messages should be erased immediately
2. Secret Meetings
They are pre-arranged to pass important and vital messages which should be immediately acted upon. But some messages
decided in the meeting need to be put secretly to preserve its purpose; therefore, several techniques are used. An invisible
ink can be used.
3. Coded Messages
The coded messages should be written in inconspicuous writing materials such as napkins, wrappers these should be
discarded later. Serial number and business names. Which are difficult to memorize, should be noted. These messages
should be placed secretly in the drop boxes such as trashcans for the collection of the supporting agent.

Tracing and Arresting the Criminal


1. By Informers
The informers must be given the picture of the criminal together with his/her last known address and acquittances or his/her
possible hang outs. If no picture is available, the full descriptions of the criminal must be given to the informer. If the
criminal has no acquaintances in the Metropolitan area, the likelihood is that he/she will flee to his/her hometown or
province where he/she has the relatives to guide him/her.
2. By Informants
Informants must be contacted to secure possible information as to the whereabouts of the criminal.
3. Grapevine Sources
These grapevine informants or informers have easier access to the underworld where vital information could be gathered as
to the whereabout of the particular criminal. The prisoners or inmates are most often knowledgeable on crimes and
criminals more than the police, especially on major crimes.
4. By Tailing
The surveillant may tail the wife, relative and friends of the criminal who will deliver provisions to the hiding place.
5. Using Children of the Same Age
The children of the criminal maybe used as sources of information as to whereabouts of the subject.
6. Courting the Girlfriend of the Criminal
This can be done by showering them with gifts and expressing passionate love. Money and love have proven in the past as
a major consideration of betrayal. Most of the girlfriends of the criminals are hostesses, prostitutes or dancers.
7. Harassing the Associates and Friends of the Criminals.
These people will give the desired information in exchange for peace, or by befriending or helping the to get out of the
mess of minor violations of law.
8. Arresting Criminals Known to the Subject
These persons must be interrogated with the false information that the one responsible for their arrest is the information
coming from the criminal being sought. The underworld character should be intrigued about this technique so that they
would betray each other. There is always a power struggle among the criminal syndicates for their continued existence.
9. In fresh cases, the bloodhound dogs or K-9 are used to track down the suspect in squatters’ areas, open field or wooden
terrain. This is most effective if a piece of article belonging to the criminal, left at the crime scene is sniffed by the dog as a
sample of the odor of the criminal

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10. In every recent case, find out the ethnic origin of the criminal. If he/she is from Baguio City, there is a great
possibility that they will go home to his/her place. In the past, there were successes in arresting the criminal at the pier or at
the domestic airport within 3-day stick out.
11. Disguises
Beware of disguises employed by the criminal. Many suspects had eluded police cordon or dragnet by pretending
to be abnormal persons greases with the dark oil and acting the mannerisms of the abnormal. Some suspects also attired
themselves with wigs and feminine dresses. In company with some women, they had easily passed the police cordon.
12. Corrupting the known associates of the criminal through the money
In the underworld, money talks louden than other things.
13. Publications or Rewards
Done in newspapers of general circulations mostly read by the masses. This is effective for the capture of the criminal. A
weeklong publication together with the criminal’s picture will pay off.

INFORMANT
It refers to any person who gives information to the police authorities relative to a crime.
It refers to any person who furnishes the police information relevant to a criminal case about the activities of criminals or
syndicates. This is done without any monetary consideration. The informant may openly give information or may serve as a
witness voluntarily.

Types of Informant
1. Anonymous Informants
He/she maybe an anonymous phone caller, letter writer or a text s ender. The duty of the investigator is to receive the
information, not to reveal any other information to the caller about facts already known
2. Confidential Informant
This is a person who provides the police with confidential information concerning a previous crime or a projected and
planned crime. He/she does not want to be identified as the source of information. Under the law, these informants are
protected and their identity could not be revealed by the police even under the order of the court unless on exceptional case
where there is a claim of the defense that the informant framed up the accused.
3. Rival-Elimination Informant
This kind of informant mostly maintains to be anonymous. His/her purpose is to eliminate the rival person of gang due to
competition or other motives such as revenge, etc.
4. False Informant
This informant usually reveals information of no consequences, value or stuff connected with thin air. His/her purpose is to
appear to be on the side of the law and for throwing out the suspicion from himself/herself or from gang or associates.
5. Frightened Informant
He/she is prodded by fear or self-interest in giving information to the police. He/she maybe one of the lesser gang mates are
about to be involved in dangerous situation or when the gang he/she belongs is hot on the police trail. Motivated by anxiety
and self-preservation of his/her well-being he/she furnishes the information to protect himself as a means of sustaining self-
importance. This type is the weakest link in the composition of the criminal chain.
6. Self-Aggrandizing Informant
This kind of informant moves around the centers of criminals, group or syndicate and delights in surprising the police about
bits of information. His/her information may be of value by the way of authentication in intelligence information.
7. Mercenary Informant
The informant has information for sale. He/she may have been victimized in a double-cross or little share in the loot or
given a dirty deal and seeks revenge as he/she will profit in the disclosure.
8. Double-Crosser Informants
He/she uses his/her seeming desire to divulge information as an excuse to talk to the police in order to get more information
from them more than what is given. To counter this kind of informant, the police applies the deception method by giving
false information that will lead to his/her capture.
9. Women Informant
She maybe the female associate of the criminals, who was roughed up, marginalized in the deal or being eased out from the
group. Care must be given to this kind of informant because women, given the skills and expertise, are more dangerous
than men. They often given free romance that will result in blackmailing the investigator or will result to an extended
family for support. Women are said to be most effective among informers because they could easily penetrate the
ranks of criminals with less suspicion.
Besides, they could mingle with the crowd easily and could obtain information more than their male counterparts,
especially if their beauty attracts attention. They have easier access to women associates of make criminals. However, care
should be employed as they could easily double-cross the police once they fall in love with criminals.

Motives of Informants
1. Vanity
The motive is for self-aggrandizement by gaining favorable attention and importance by police.
2. Civic Mindedness
Informants provide information because they are imbued with the sense of duty and obligation to assist the police in their
task.
3. Fear
It is the engendered illusion of oppression from enemies or from impending dangers.
4. Repentance
Those lesser criminals such as accomplices or accessories will have a change in heart to unburden their conscience.

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A Learning Manual Exclusive to the Criminology Students of SDSSU
Fundamentals of Criminal Investigation

INFORMER
It refers to any person who provides information to the police on a regular basis.
They are either paid regularly or in a case-to-case basis or none at all. They are cultivated and established by the police on
more or less permanent character as long as they are loyal and useful to the police organization.

Selection of Informers
There are no hard and fixed rules in the selection of informers. This is addressed to the sound discretion of the investigator.
These informers must be indoctrinated that they are not immune from arrest and prosecution of they commit crimes. They
should not bring shame and dishonor to the police service. When they will commit crimes, they should not be punished like
the rest.
All the sectors of the society must be covered, and their combination included but not limited to taxi drivers, jeepney and
bus drivers, vendors, conductors, waiters, dancers, ex-convict, shady or underworld characters, hostesses, bankers, security
guards, businessman, prostitutes, the elite in the society and others. They should be planted as moles or stole pigeons
practically in all the corners of the social order.

Critical areas in the Deployment of Informers


1. Within the ranks of criminals and criminal syndicates
2. Associates and friends of criminals
3. Places of hang-outs of criminals such as night clubs, bars, hotels, billiard halls and other places.
4. Slums and residential places where criminals have their contacts
5. Detention centers such as jails, prisons, temporary detention centers, etc.
6. Places where criminals dispose their loots

Two Classical Systems of Gathering Information


1. English System
This system involves gathering information that has a little consideration on paid informants. This system relies more on
the information provided voluntarily or willingly by patriots or civic-minded informants
2. French System
This involves the practice of obtaining information that relies heavily on buying information; this advocates the extensive
use of informers.

REFERENCES

Sumad-on, D. T. (2020). Fundamentals of Investigation with Intelligence. Wiseman Books


Trading, Inc. Quezon City

Vicente J. B. et al., (2016). Fundamentals of Criminal Investigation 2nd Edition. Wiseman


Books Trading, Inc. Quezon City

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