CDI 1_MIDTERM NOTES
CDI 1_MIDTERM NOTES
SET 2
In what way are police officers be notified in the event that a crime happened?
In the event that a crime happens, it reaches the attention of the police through:
Those who are in patrol are commonly regarded as the first responder as they are those who are
employed in the community with the end purpose of crime prevention. As part of their duties, firs t responder
must do the following:
2. Record all relevant facts and the time of arrival at the crime scene;
3. Cordon the area, meaning isolate the place so that unauthorized persons cannot enter the scene or
the suspect cannot destroy the evidence;
8. Conduct initial investigation and briefing of investigator case (IOC) upon his arrival at the
scene; and
9. Conduct initial inventory of all possible evidence at the crime scene which must be signed by
him, the SOCO, and by the investigator.
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After such procedure, the investigating team will take full control of the crime scene which includes
the conduct of crime scene search, generating sketches as well as the taking of photograph, lifting of
fingerprints, marking and tpgging as well as the collection of physical evidence and the like.
Investigating team refers to the group of police personnel charged with the investigation and processing
of the crime scene which includes but not limited to the search, collection, marking, tagging,
preservation, and transfer of evidence.
Further, investigating team is composed of the following:
2 Investigator;
3 Photographer,
4 Evidence custodian; and
5 Artist.
Upon the takeover of the investigating team, they ensure that the investigative procedures are
followed such as:
1. Record the date and time of arrival as well as all other important details in the crime scene;
Further, whatever the situation in the crime scene might be, it must be noted that the paramount
concern of the investigating team should be the preservation of human life. Investigator or any of the
investigating team must be aware to know what task should be given priority in the conduct of
investigation.
It is true that the investigating team must give priority to the human life, nevertheless, they must means
to secure and preserve the crime scene for it contains all the necessary ingredients for the prosecution of the
case. As such, they must reconsider the necessary steps in order to collect all available evidence and maintain
the integrity of the crime scene by remembering "MAC' rule which simply stand for:
Also, the investigating team must remember that nöthing should be touched, altered or removed unless
everything is photographed, noted, measured, and indicated in the sketch as these are the golden rule in the
processing of crime scene. They should also take into consideration those transient evidence or fragile
evidence. Transient evidence is those evidence which when not collected at appropriate time may diminish or
loss its value such as urine, blood, semen, etc. on the other hand, fragile evidence are those evidence which
may be broken if collected inattentively.
Methods of Search
Crime is unique with respect to one another which means that the search for an individual object should
be based on the physical characteristics of the scene in order to collect all possible evidences present in the
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area. Therefore, investigating team should be careful in selecting the best method of search that will
correspond to the present cnme scene.
Further, Method of Search is defined as the systematic procedure employed by the investigating
team in order to recognize, collect, and preserve the evidence or any object/s found in the crime scene that
has a logical connection to the case.
In the conduct of crime scene search, the following methods may be employed based on the physical
characteristics of the place such as strip method, double strip method, spiral search method, zone search
method and wheel search method.
Strip method is done through following a straight path in an area. Upon reaching the end, the
searcher turns and follows again a straight path but parallel to the first path he takes. This process
continues until the search of the entire area is done.
Double strip method is almost similar with strip method. As the term suggests, "double", meaning
after the entire area is done searching using strip method, the searcher will again start another process but
this time at the other side at right angles from where you started.
Spiral method is done when the area to be searched is circular in nature. The searcher may start either
from the center or outside although commonly searcher usually starts from the outside following a circular
shape until they finish searching the entire area.
Wheel method is also applicable in circular areas similar to the spiral method. However, the s archer
starts in the center and is best applied when there are plenty of searchers. From the center, tney follow a
straight path toward outside unlike in radial that they follow a circular pattern.
Zone method is best applicable in crime scene covering a wider range. In this method, the crime scene
is divided into four quadrants and the searcher may select what type of search should be done in each quadrant.
It could either be strip, double strip, radial, wheel or zone method.
In taking of photograph, investigating team must consider the following angle/views to properly
appreciate the crime scene such as:
1 . General View — these are taken outside of the crime scene purposely to show location, direction,
and the place of crime incident;
2. Medium View — these shots are taken to show the different divisions of the crime scene as this
view will allow investigators to clearly see the nature of the crime committed;
3. Close-up View — these shots are done to individual evidence to show what constitutes the
crime and how it was committed.
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Further, gradual shots of an individual evidence may be taken from a standard position in order
to show the relationship of one evidence to another or how individual evidence is close or far from one
another. Technically, this is referred to as progressive photography which include shots taken in long range,
midrange, and/or close-range distance.
The following guidelines also in line with taking photographs must be noted by the investigating team
such as:
1. Take overall photos of the scene which include street signs, areas, streetlights location near the
crime scene, and any identifying objects;
2. Pictures of every room must be taken though they are not apparently connected to the crime
scene;
3. Photograph must be taken from at least 2 opposite corners but 4 corners is better;
4. If possible, take photos from above or ceiling to avoid the possibility of missing any evidence; and
5. Keep a photo log during crime scene processing.
1. Title - this includes the basic information regarding the case such as the nature of the crime, the
time and date of crime incident, and the location of the crime.
2. Measurement - this pertains to the dimension and the distance of the relative object to one
another.
3. Essential items - these refers to the pieces of physical evidence found at the crime scene.
4. Legend - this refers to the use of words or numbers to represent an item in the crime scene.
5. Compass direction - refers to the north direction from when the sketch was drawn.
6. Scale of proportion - is the representation of the sketch to the actual size of the scene.
In addition, the artist must also prepare a rough sketch and finished sketch. Rough sketch is drawn by
the artist at the crime scene containing all the necessary details regarding the crime. Finished sketch on the
other hand is drawn by the artist for court presentation and is commonly done in the office. Remember to
keep the rough sketch even after the preparation of the finished sketch. Sketcher must take note also the
type of sketch that should be drawn such as:
Floor plan or birds eye view - a type of sketch drawn from above;
2. Elevation sketch - a type of sketch drawn to show the given side of an area;
3. Exploded view sketch -a type of sketch drawn to show the relationship or order of the whole
parts; and
4. Cross-projection sketch - a type of sketch wherein the ceiling and/or walls •are flattened all out
in the ground.
In drawing a crime scene, floor plan or birds eye view sketch is commonly used. However, in cases
where some evidence was placed in the walls or ceiling (example: Dress was thrown and hang on the ceiling
fan) cross-projection sketch is better.
Additional guidelines on drawing the sketch includes the following:
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1. Indicate the nature of the crime and the place of incident as well as the name of the person who
prepare and drew it. For better understanding, use of capital letters and numbers are highly
suggested such that;
5. Be consistent with the units of measurement such as centimeter, inches, yard, meters, feet, etc.
To aid the investigators in measuring individual evidence with respect to any other object/s in
the Crime scene, the following methods should be considered and must be used båsed on the
physical characteristics of the crime scene:
1. Rectangular method - find fix post at a right angle to serve as the base;
2. Triangulation method - find two fix points to the evidence that must be plotted or located.
Chain of custody in every crime investigation should be maintained at all cost as any inconsistencies in
the handling of evidence may result to the incompetency of the same resulting to its inadmissibility during
court presentation. Chain of custody again is defined as the transfer of evidence from one person who holds
supervision or care of such evidence to another person from the time it was gathered at the crime scene up to
the time it will be presented in court. It includes the list of all personnel who handled the evidence from
collection until court presentation.
As part of the procedure, all physical and/or seized evidences must be in the custody of the investigator
unless a laboratory examination is needed, thereby he will transmit the evidence to the evidence custodian
only and must be placed in the evidence room for safekeeping. Safekeeping simply refers to the security or
protection of physical evidence.
In addition, the following should be noted in adherence to the standard Procedures in maintaining the
chain of custody such as:
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3. Completing the evidence submission form for laboratory analysis.
For proper documentation, an evidence log should be maintained. Evidence log is any material upon
which the writing or note taking is done to keep and maintain the record and disposal of evidence. This will
guide investigators as to who are the persons who handle and possess whatever physical evidence are
transmitted.
Reconstructing the Crime
Crime scene reconstruction is one of the most difficult and tiring job of investigators as this involves the
process as to how perpetrator commits the crime. Crime scene reconstruction is defined as the scientific
ability of investigators to make useful observations of physical evidence in the crime scene through a logical
approach in theorizing as to how the crime was committed. This also involves systematic methodology in
incorporating all available information gathered as well as the arrangement of physical evidence in the crime
scene to provide a rational, reasonable, and acceptable explanation as to how the crime was committed.
Reconstruction
To properly reconstruct the crime, the following stages should be observed to arrive at a more convincing
explanation as to how the crime was committed:
1. Appreciation - is the process of recognizing the potential physical evidence that has or may have
evidential value and separate it from those items which are not significant in the progress of the
investigation;
2. Comparison - is the process of comparing groups of standards from the one collected at the crime
scene to establish its identity;
3. Individualization - this involves the process of establishing the uniqueness of the physical
evidence taken from the crime scene; and
4. Reconstruction - is the final stage undertaken in order to fully reconstruct the crime considering all
related factors such as crime scene evaluation, laboratory results, individuality of physical evidence
and other independent information from various sources to provide better understanding and
explanation as to how the crime was committed.
It must also be noted however, that crime scene reconstruction is different from crime scene reenactment
and crime scene recreation such that, crime scene reenactment is the process of reenacting and portraying the
crime incident based on their previous knowledge regarding the event by having the offender, victim or witness
to play such role while crime scene recreation is the process of substituting all necessary items or actions at
the crime scene through the use Of what is documented or with the aid Of investigators log.
Modus Operandi and Profiling of Suspect
One important means in order to aid the investigators in reconstructing the crime is through the establishment of
the perpetrator's modus operandi. Modus operandi refers to the manner and methods employed or used as well
as the sequence of various actions taken by the perpetrator in committing the crime. It is otherwise known as the
method of operation.
Crime Scene Processing Equipment
Investigating team and/or crime laboratory must have the following basic equipment when
responding to area calling for crime scene processing. These includes but not limited to the following:
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On the other hand, profiling of suspects can be very useful in determining the identity of possible individual
who may have committed the crime.
Profiling is defined as the psychological process of establishing the characteristics of the most likely individual
who might have committed the crime based on the evaluation of the crime scene and the placement of physical
evidence.
In identifying suspects, rogues gallery can also be very helpful.
Rogues gallery refers to the compilations of photographs of known criminals. If someone had witnessed or
seen the suspects face, cartographic sketch can be done.
Cartographic sketch refers to the composite drawing of a suspect's face done by an artist to assist police
investigators in establishing the identity of the person who might have committed the crime.
WARRANTLESS ARREST AND DETENTION
The conduct of investigation is nothing without arresting the perpetrator of the crime. Arrest is
referred to as the taking of person suspected to have committed an act to which the law defines it as a
crime into the custody of any law enforcement agencies who has the authority to do so in order to answer
queries in line with matters concerning the commission of the crime.
Legally, the Rules of Court (Section 1, Rule 113) define arrest as the taking of person into the
custody of law in order that he may bound to answer for the commission of offense.
Warrant of Arrest
In the course of investigation, if the identity of the person suspected to have committed a crime was
already established and the evidence of guilt pointing him/her as the perpetrator of the crime is strong,
then investigators should secure a warrant in order to arrest the person.
Warrant of Arrest is defined as a document from court ordering and directing any law enforcer
to apprehend and detain any person whose name will appear in the warrant for him to answer matters
regarding the commission of a crime. Any person suspected to have committed a crime can only be lawfully
arrested after securing a warrant.
However, a person can also be lawfully arrested by virtue of warrantless arrest. Warrantless arrest
is defined as the arrest made by any law enforcer without the benefit of a warrant. Arrest without a
warrant is possible provided that either of the following circumstance is present:
1. That the person to be arrested is about to commit, actually committing, or have just committed an act
to which the law defines it as a crime in the presence of the person who will make the arrest (In Flagrante
Delicto);
2. That the person to be arrested have committed an act to which the law defines it as a crime and the
person making the arrest have probable cause that the same person is probably guilty of a crime.
Probable cause simply means as a reasonable bases to establish a well-founded belief that the
person may have committed an act to which the law defines it as a crime (Hot Pursuit); and
3. That the person to be arrested is one who escaped from penal confinement (Escapee).
Furthermore, inquest proceeding will be done if the person was arrested without the benefit of the
warrant. This is conducted to ensure that the arrest made is legal and in accordance with the law.
Inquest is defined as the informal and summary investigation conducted by public prosecutor in a
criminal case
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Rules in Making Arrest
In making arrest, the Rules of Coutt provides the following guidelines such that:
Execution of Warrant
After a warrant has been issued by the honorable court, any law enforcer directed to cause its
execution shall exhaust all the remedies to arrest the person whose name appears in the warrant.
Execution of a warrant simply means as carrying out the duty to find the person whose name was
written in the warrant and cause his arrest and detention.
In executing the warrant, the following should be observed:
2. The person making the arrest shall inform the person to be arrested that a warrant has been issued for
his arrest; and
However, the person making the arrest shall proceed with the arrest of the person even without
informing him of the cause of arrest or that a warrant was issued for him to be arrested provided that either
of the following is present:
Moreover, if the person whose name appeared in the warrant cannot be located or traced within 10
working days upon its receipt, the law enforcer task to execute the warrant shall make a report to the judge
who issue the same, explaining the reason/s for the failure to arrest the person within the time given by the
court.
Custodial Investigation and Detention
Any person arrested and brought before the custody of the law is presumed innocent until
proven to be guilty. Thus, a person has the same right as any ordinary individual in order to protect the
interest of an ordinary individual as well as prevent any abuses from law enforcers. These rights must
be observed as any violations may result to the dismissal of the case.
These rights provided by the state was originally founded in the case of Ernesto Miranda vs. the
State of Arizona such that the Court dropped his conviction for kidnapping and rape for failure of police
officers conducting the investigation to inform and recite his legal rights prior to confession during
custodial investigation.
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In Philippines, the right of the person arrested is originally defined under the Bill of Rights of the
1987 Philippine Constitution (Section 12, Article Ill) such that any person lawfully arrested and under
investigation for the commission of a crime shall have the following rights:
3. Right to know the nature and the cause of accusation against the person accused.
In addition to the above rights, the state enacted the statutory law Republic Act 7438 which
provides further the process of obtaining a confession to any person detained or under custodial such that:
I. The person detained or under custodial investigation shall be assisted by a counsel at all times;
2. The recital of his rights shall be in the dialect known and understood by the person detained or
under custodial investigation; and
3. The custodial investigation report shall be reduced into writing by the investigating officer and
must explained to him by his counsel before it will be signed by the same.
In like manner, any extrajudicial confession made by the person arrested or detained shall be in
writing and signed in the presence of his counsel. Take note, extra judicial confession is a confession
made by an arrested or detained person while under the custody of law and is done outside the court.
Moreover, custodial investigation is the issuance of an invitation to the person suspected to have
committed a crime who at the same time is brought before the custody of law in order to answer matters
regarding the commission of a crime without jeopardy to the liability of the person for any violations he may
commit. On the other hand, custodial investigation report is the document prepared by the investigating
Officer during the investigation process containing all necessary information about the confession of the person
brought before the custody of law.
Arbitrary Detention
Arbitrary detention (Title Il, Book 2, Act 3815) is a crime against the fundamental law of the state,
committed by any public officer or employee in any of the following:
2. Delay in the delivery of detained person to the proper judicial authority (Article 125); and
In relation to arrest, any person arrested without the benefit of a warrant (warrantless arrest) shall be
released subject to the gravity of the offense he is suspected to have committed such that:
Investigative Interview
In order to attain a productive investigation, investigators must be knowledgeable and skilled in gathering
information. Take note that information is any data gathered in the course of investigation which will serve as
a foundation in solving the case. One way of gathering information is done through a successful interview of
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witnesses, complainants or Victims, and interrogation of suspects or any person accused of a crime. Normally,
however, investigator starts conducting field inquiry towards any individual upon his arrival at the crime scene.
Field inquiry simply means as the general questioning of all people present in the crime scene. This is done in
order to give Investigator an idea as to the extent of the crime committed.
Take note that interview differs from interrogation such that interview is form of questioning among person
who have knowledge regarding the commission of a crime while interrogation is a questioning style which
involves the use of strong appeal or aura in order to gather information among persons who may have direct
involvement of the crime. Also, interview is commonly done among witnesses, complainants and victims of
the crime while Interrogation is usually done among person suspected to have committed a crime or those
hostile witnesses. Take note that this are those witnesses who are uncooperative and do not wish to provide
information necessary for the prosecution of the case.
Additionally, investigators must do the interview the soonest time possible as this will allow them to gather
better information concerning the crime. The lesser the time between the commission of the crime and the
conduct of interview, the more accurate it will be and fruitful for successful investigation.
3. Perseverance -means that investigators must endure all obstacles that may come before the process of
interviewing the interviewee;
4. Optimistic- this means that investigators must be positive in dealing all possible interviewee’s that may
be called before him; and
5. Patience- this means that investigators must exert all possible effort to maintain a good attitude in
handling the interview as well as the ability to work under pressure.
Rules in Interview
Gathering information relevant to the case does not only include the skills and competency of investigator
but as wen as the proper and timely preparation in doing interviews. Keep in mind that should be versatile or
flexible in handling different types of personality as this will allow him to relevant facts in line with the
commission of the crime. Some of these important things that investigators must remember are as follows.
1. Case review-investigators must review the relevant facts about the case before proceeding with the
interview of the interviewee. This will allow him to capture all the necessary detail while doing the
interview as well as prevent the loss of vital information to which the interviewee
2. Build rapport - this means that the investigator needs to communicate properly and bring the
interviewee to attention in establishing a good communication in order to proceed with cognitive
interview. Take note that rapport refers to the good relationship established between interviewer and
interviewee as a result of their mutual understanding in solving the case. As an effect, investigators can
do the cognitive interview wherein interviewee can provide all the relevant facts of the case under
investigation through narration of his accounts and upon the aid of effective interviewing techniques;
3. Simple question — this means that investigators should not allow the interviewee to be confused.
Confusing questions make it difficult for the interviewee to understand and provide accurate answers;
4. Avoid implied answer — this means that investigators must not allow a question answerable by
either "yes or no". If that is the case, this will limit the perspective of the interview and investigators
may omit some important facts of the case;
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5. Avoid Leading question — as much as possible, avoid leading questions as this will redirect
interviewee's mind and will focus only to matters which investigators ask. However, this may be
useful in interviewing child witness;
6. Do not ramble — this simply means that investigators should ask one question at a time; and
7. Good closure - this means that investigators should be courteous and kind to the interviewee as a
further set of interviews is possible. Do not allow interviewee to put grudge against you.
Moreover, in dealing with multiple suspects, investigators should remember to separate them immediately
as this will create the suspects to create a strong alibi. Alibi is defined as a form of explanatory statement made
by the suspect in order to exclude him from being investigated or to give justification for his presence or
absence in a certain situation which has a logical connection to the case.
Interrogation
Successful investigation of the case cannot be done without the suspect being interrogated. Since
interrogation of suspect is the usual and classic scenario done to obtain strong information, however,
investigators should be skilled enough as It is expected that the suspect will not speak anything which will
Implicate them to the crime they have committed
Preliminary Preparation
Investigator’s should Identify himself before the conduct of interrogation and must allow the subject to
know the purpose of the same. The term subject refers to the person who is placed for interrogation.
As discussed in the previous chapter. the subject here must be appraised of his constitutional rights as
any confession made without such appraisal will be inadmissible as evidence in court.
Interrogation Techniques
Interrogation technique refers to the method employed by the interrogator in questioning and eliciting
relevant facts necessary for the conviction of the suspect.
In addition, investigators must employ appropriate and suitable interrogation styles depending on the type
of suspect. Some of these techniques are:
1. Strong approach - interrogator projects a hostile personality toward the subject to create anxiety
and fear in order to confess.
2. Friendly approach - interrogator manifests a sign of friendliness and offer help toward the
subject.
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