CDI Module
CDI Module
A Module in
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CHAPTER 1
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A Learning Manual Exclusive to the Criminology Students of SDSSU
Fundamentals of Criminal Investigation
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.
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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.
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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.
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Fundamentals of Criminal Investigation
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
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Fundamentals of Criminal Investigation
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.
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.
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.
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.
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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.
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.
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.
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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.
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.
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.
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.
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.
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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.
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.
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.
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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.
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
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.
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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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.
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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.
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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.
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.
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.
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CHAPTER 6
CRIMINAL IDENTIFICATION
IDENTIFICATION
It is the process of determining the personality of a person or thing.
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.
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.
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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.
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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.
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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.
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.
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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.
Upon notification that crime transpired, first responder must perform the following:
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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.
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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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.
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A Learning Manual Exclusive to the Criminology Students of SDSSU
Fundamentals of Criminal Investigation
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.
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A Learning Manual Exclusive to the Criminology Students of SDSSU
Fundamentals of Criminal Investigation
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A Learning Manual Exclusive to the Criminology Students of SDSSU
Fundamentals of Criminal Investigation
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.
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
2. Elevation
Sketch/Drawing
-used to show slopes present at the scene.
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A Learning Manual Exclusive to the Criminology Students of SDSSU
Fundamentals of Criminal Investigation
3. Exploded View
4. Perspective Sketch/Drawings
a.
b.
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A Learning Manual Exclusive to the Criminology Students of SDSSU
Fundamentals of Criminal Investigation
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.
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.
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Fundamentals of Criminal Investigation
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.
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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Fundamentals of Criminal Investigation
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.
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.
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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.
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.
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Fundamentals of Criminal Investigation
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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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.
REFERENCES
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