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University of Baguio

School of Law Enforcement Administration


Baguio City
Fundamentals of Criminal Investigation
UNIT I
Investigation
The term investigation comes from the Latin word vestigare which
means:
a. to track or trace or probe
b. to observe or study closely
c. to inquire into something systematically
d. to search for truthful information
It also refers to the collection of facts to accomplish the threefold
aim:
a. to identify the guilty party;
b. to locate the guilty party and;
c. to provide evidence of his guilt
CRIMINAL INVESTIGATION
Criminal investigation seeks all facts associated with a crime to
determine the truth: what happened and who is responsible of a criminal
incident- Benette.
Criminal investigation is also the collection and analysis of facts
about persons, things and places, subject of a crime to identify the guilty
party, locate the whereabouts of the guilty party, and provide admissible
evidences to establish the guilt of parties involved in a crime- Agas and
Cael.
HISTORICAL BACKGROUND OF CRIMINAL INVESTIGATION
A. DEVELOPMENTS IN THE FIELD OF CRIMINAL INVESTIGATION IN
THE WORLDWIDE SETTING
1720S
JONATHAN WILD = a buckle maker, a brothel operator,
and a master criminal became Londons most effective criminal
investigator. He was the most famous thief catcher. His methods made
popular the logic of employing a thief to catch a thief. He
conceived the idea of charging a fee for locating and returning stolen
property to its rightful owners.
His normal method of operation, upon learning of a thief, was to
persuade the thieves to give him the stolen goods in return for a portion
of the money paid by the victim for the return of the property. His private
business prospered quickly and soon expanded into apprehending
criminals wanted by the government. When he was displeased with a
member of his organization (he employed numerous criminals as
assistants), he would arrest his former associate and surrender the
subject to local magistrates for a reward.
17548
HENRY FIELDING = an Englishman who wrote a novel, Tom
Jones, was appointed as magistrate (Sheriff) for the areas of

Westminster and Middlesex in London. He operated out of a court in


London located on Bow Street. Shortly after his taking office, the London
population saw a group of police officers attached to the Bow Street
Court, and not in uniform, performing criminal investigative functions.
1756
SIR JOHN FIEDLING = the younger brother of Henry took over
the control of Bow Street Court in 1753. His investigators were then called
Bow Street Runners and became quite effective because of
developing paid informants, printing wanted notices, employing criminal
raids, and bearing firearms and handcuffs.
Although he was blind, he could even visit crime scenes, take
information, and set his investigators on the track of a suspect. Presiding
over criminal cases, Fielding would sit quietly with bandages over his
eyes, Detecting a falsehood in a witnesss statement, he would
dramatically descent from the bench waving a switch and demanding the
truth.
1800, London
PATRICK COLQUHOUN = a notorious thief catcher
and former convict. He proposed the unique idea of a sizeable uniform
force to police the city. He and those criminals under his direction
operated with the complete sanction of the police. At the end of a lengthy
criminal career in 1809, he offered his services as an informer to the Paris
police authorities. He surfaced as a secret informer in 1817 and, under
police authorization, formed the first Paris police detective bureau.
SIR ROBERT PEEL = he reiterated the idea of creating a sizeable police
force. The eventual passage of his recommendations, known as the
METROPOLITAN POLICE ACT, was to have a tremendous impact on the
history of criminal justice in general and on the development of criminal
investigation specifically.
The officers of the London Metropolitan Police were nicknamed as
bobbies after Sir Robert. His concepts and actions serve as a model for
police administrators.
CHARLES DICKENS = famous English novelist that popularized the
SCOTLAND YARD. He edited a popular magazine in London in which
appeared many articles describing the noble investigative efforts of the
yard. It was through his writings and other literary efforts the Londons
public became gradually more acceptant of the officer in plain clothes.
In his novel Bleak House, published in 1853, he introduced the
term detective, the first recorded appearance of the word specifically
designating an investigative law enforcement officer.
1877
HOWARD VINCENT = head of the Scotland Yard organized
investigators known as the CRIMINAL INVESTIGATION DEPARTMENT.
He is a London lawyer without field police experience, who had observed
operations of the Paris police. The Department contained several hundred
detectives.
FRANCIS TUKEY AND ALLAN PINKERTON = Americas early public
detectives who were appointed by influential mayors due to the criminal
occurrences in the nineteenth century.

ALLAN PINKERTON = Americas foremost private detective. By


profession, he was a self-employed barrel and cask maker. While scouting
for wood supplies to be used in his business, he detected and later
apprehended a local gang of counterfeiters. Soon after his counterfeiting
experience, local citizens besieged him for assistance in recovering stolen
property and other investigative matters.
He became the first detective of the Chicago Police Department in
1849. The following year, he worked in the same city as a special US mail
agent, detecting mail thieves. He then opened his private detective
agency in the early 1850s in partnership with Chicago attorney,
EDWARD RUCKER. Their business immediately became successful and
formed the North-Western Police Agency.
Among his numerous methods, he pioneered the shadowing (the
art of suspect surveillance) and a role (working in an undercover
capacity). The agency was also the first to hire a female detective, KATE
WARNE.
THOMAS BYRNES = Chief of the detectives New York City, was one of
the famous investigators of the nineteenth century. An unusually keenminded individual with 32 years of police experience, he trained his
detectives in recognizing individual criminal techniques. This method was
later to be known as modus operandi or method of operation and is
considered an essential tool of investigation to this day.
J. EDGAR HOOVER = under his dictatorship in 1924, the Federal Bureau
of Investigation was organized. This bureau then contributed to the
overall development of criminal investigation. The creation of a
nationwide identification file in Washington, D.C., operated by the FBI,
was a major step in consolidating identification records of thousands of
individual police departments.
B. LEGAL PROVISIONS SIGNIFICANT TO THE DEVELOPMENT OF
CRIMINAL INVESTIGATION
1961, USA = MAPP vs. OHIO (376 vs. 584)
The Supreme Court ruled that illegally obtained evidence is
inadmissible in state criminal prosecutions. This case established the
Doctrine of Poisonous Tree.
MIRANDA DECISION
A kidnapping and rape investigation in Phoenix, Arizona, resulted in
the arrest of Ernesto Miranda as the suspect. Following a lineup
identification by the victim, the suspect was interviewed for two hours-a
relatively short period of time for a major case of this nature. During this
time period, Miranda confessed orally, then gave investigators a written
confession regarding the offense. The suspect was subsequently
convicted, with the Arizona Supreme Court upholding the lower court
decision. The United States Supreme Court reversed this decision, stating
that the suspects rights to counsel and his protection against selfincrimination had been violated. As a result of this landmark decision, the
so-called MIRANDA WARNING has become mandatory. Suspects taken
into custody or deprived of their freedom of action, who are to be

questioned by law enforcement officers, must be warned in substantially


the following terms:
1. You have the right to remain silent.
2. Anything that you say can be used against you.
3. You have the right to talk with a lawyer and have the attorney
present during questioning.
4. If you cannot afford an attorney, one will be appointed to
represent you before any questioning at your request.

PHILIPPINE SETTING
1973 PHILIPPINE CONSTITUTION, ART. 111. SECTION 20.
No person shall be compelled to be a witness against himself. Any
person under investigation for the commission of an offense shall have
the right to remain silent and to counsel, and to be informed of such right.
No force, violence, threat and intimidation, nor any means which vitiates
the free will shall be used against him. Any confession obtained in
violation of this section shall be INADMISSIBLE as evidence.
The warning of the right to remain silent must be accompanied with
an explanation that anything said can and will be used against the
individual in court. This warning is needed in order to make him aware not
only the privilege but also of the consequences of forgetting it(People vs.
Duero, 104 SCRA 379, 1981)
1987 PHILIPPINE CONSTITUTION, ART.111 SECTION 12 (1)
Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and to
have a competent and independent counsel preferably of his choice. If the
person cannot afford the services of a counsel, he must be provided with
one. These rights cannot be waived except in writing and in the presence
of a counsel.
5 FUNCTIONS OF CRIMINAL INVESTIGATION
1. Recognition/identification
2. Collection
3. Preservation
4. Evaluation
5. Presentation
STARTING POINTS OF CRIMINAL INVESTIGATION
1.STATE THE PROBLEM = The problem would be to identify, locate and
arrest the perpetrator of the crime and attempt to recover all stolen
property in a thorough legal manner designed to ensure the greatest
probability of justice

2. FORM HYPOTHESES = It is the construction of an explanation of an


occurrence.
a. Motive that which causes a person to act in a certain manner
b. Knowledge by the suspect to commit a crime
c. Means or things used to commit a crime
3. OBSERVE AND EXPIREMENT = As applied to the proposed
explanation, this process serves as a check for the hypothesis that is
incorrect. The investigator evaluates information obtained from applying
the theory to various sources.
4. INTERPRET DATA = The investigator should be as objective as
possible in the interpretation. Is the information obtained true? The data
may be reviewed by another investigator to be provided a second opinion.
The officer may conclude, at this point, that the result is true or not.
5. DRAW CONCLUSIONS = The following questions should be answered:
a. Has the stated problem been answered?
b. Does evidence support hypothesis?
c. Has each stage of investigative method been conducted in a
totally legal fashion?
d. Does data interpretation support a recommendation for
prosecution?
DEFINITION OF BASIC TERMS
FELONY = acts in violation of the provisions of the Revised Penal Code.
OFFENSE = acts in violation of Special Laws.
MISDEMEANOR = acts in violation of city/municipal ordinances.
CRIME = an act or omission punishable by law forbidding or commanding
it.
CRIMINAL INVESTIGATION AS AN ART = It deals with the identity and
location of the offender and then proving his guilt through a criminal
proceeding. It is an art because it is governed by intuition, felicity of
inspiration, and to a minor extent, by chance.
CRIMINAL INVSTIGATION AS A SCIENCE = A systematic method of
inquiry that preliminary apply scientific knowledge, principles, and
methodologies in order to discover, identify, collect, and process facts and
evidence to promote justice. However, the use of scientific method must
be supplemented by the investigators initiative and resourcefulness in
finding solution of cases under investigation. The sequence of
investigation must follow scientific operating framework that requires
imagination, improvisation, and creativeness on the part of the
investigator.
CRIMINAL INVESTIGATION AS A PROCESS = it involves systematic
process of identifying, collecting, preserving, and evaluating data or raw
facts to produce valuable information for the purpose of bringing a
criminal offender to justice. As a process, it is based on systematic plan.

THE RESULT OF THE INQUIRY IN INVESTIGATION WILL ANSWER


THE FOLLOWING QUESTIONS:
1. Did a criminal violation as described by a code or statute occur?
2. Where and at what time and date, did the crime occur?
3. Who were the individuals involved in the planning, execution, and after
effects of the violation?
4. Is a witness to the criminal activity present?
5. Is there evidence of the criminal offense?
6. In what manner, or by what method, was the crime perpetrated?
7. Is there an indication of guilt or innocence to aid judicial official in
determining a just solution to the case?
PRINCIPLES OF INVESTIGATION
1. No two crimes are alike
2. Most crimes are resolved in one hour
3. Most crimes are solved by guesswork and luck
4. The law provides elements as to what happened
5. The modus operandi provides clues as to who did it?
6. Criminals always make mistakes
7. Evidence is always present
8. People always lie to you
9. Learn to work with others
10. Know when to give up
11. Public opinion is important
12. You can never receive too much training
13. There is never enough time
14. The proper ethics is to put behind bars, but not by any means
15. Think like a native, not a criminal
16. Document everything
17. Establish credibility in court.
THE CRIME AND INVESTIGATION
THE CARDINAL POINTS OF INVESTIGATION
1. WHAT QUESTIONS
a. What happened? What specific actions did the suspect/victim
did?
b. What is the nature of the crime?
c. what was the weapon or tools used by the suspect?
d. What are the pieces of evidence discovered at the crime scene?
2. HOW QUESTIONS (MODUS OPERANDI)
a. How did the suspect get near the victim?
b. How did he perform the crime?
c. How did the suspect get necessary information?
d. how hid the suspect get away from the crime scene?
e. How was the crime scene searched?
3. WHO QUESTIONS
a. Who reported the crime?
b. Who discovered the crime?
c. Who saw the crime was perpetrated?

d. Who is the victim?


e. Who is the suspect?
f. Who are principals, accessories and accomplices?
4. WHERE QUESTIONS
a. Where was the crime discovered?
b. Where did the crime took place?
c. Where are the victims, witnesses or suspects?
d. Where was the suspect seen/apprehended?
e. Where are weapons/tools used in committing the crime?
f. Where did the investigator secure or obtain the evidence?
5. WHEN QUESTIONS
a. When was the crime committed?
b. When was it discovered?
c. When was the police notified?
d. When was the victim last seen?
e. When was the suspect arrested?
6. WHY QUESTIONS
a. Why did the suspect committed the crime?
b. Why did he kill the victim?
c. Why did he not just let the victim go?
d. why did he not surrender ?
RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION
Refer to Article 111, Bill of rights under the Phil. Constitution
Refer to Republic Act No. 7438 ( An Act Defining Certain Rights of
Persons Arrested, Detained, or Under custodial Investigation as Well
as the Duties of the Arresting, Detaining and Investigating Officers,
and Providing Penalties for Violations Thereof)
INVESTIGATIVE THEORIES AND METHODS
Experienced investigators have proved that no two investigations
are of the same type of crimes are exactly alike. Each crime involves
different sets of facts based from different sets of information,
necessitating individualized approaches and application.
A crime can be viewed as a happening which generates information
signal about an act. In a criminal act, the doer emits the signal while the
police receives it.
TYPES OF INFORMATION
1. SENSORY FORM= the outward manifestations of a criminal event that
can be perceived by out five senses eyes, ears, nose, tongue and hands.
2. WRITTEN FORM = A criminal act may also provide information is a
written form like receipts from the motel, food and drinks in the pocket of
the suspect.
3. PHYSICAL FORM = The information may actually be in a real form
meaning the failure to retrieve it or receive it at the right time will be
useless. e.g Fingerprints on bottle of beer and interview.
TYPES OF EVIDENCE
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1. TESTIMONIAL EVIDENCE = The most common form of evidence, and


it is obtained through interview and interrogation events which witness
see, smell, taste, and touch are described to the investigator through oral
and written testimony.
2. DOCUMENTARY EVIDENCE = This includes writings, including official
records. One which is supplied by written instruments, or derived from
symbols which ideas are represented on material substances, like letters,
wills, deed or contract.
3. PHYSICAL EVIDENCE = Evidence addressed to the senses of the
court, as when objects are exhibited for the personal observation of the
judge. It is also called real evidence any kind of object associated with
the investigation, but it must be a tangible item.

USES OF EVIDENCE
1. AS A DIRECT PROOF = The evidence can be used to prove the fact
directly without any inference or presumption.
a. EYEWITNESS TESTIMONY = A witness testifies that he saw the
suspect shoot the victim with a revolver.
b. CONFESSION = The suspect confessed that he shot the victim
with his revolver.
2. AS CIRCUMSTANTIAL PROOF = It is used to prove the fact indirectly,
by providing one fact which thereby give rise to an inference or
presumption as to the existence of another fact. The investigator must
weigh the accuracy of his conclusions, as well as the truthfulness of the
evidence.
a. MOTIVE = The reason why a crime was committed.
b. OPPORTUNITY = Being in a better position to commit the crime.
c. DECLARATION AND ACTS INDICATIVE OF GUILT = Actions on
the part of a suspect which raise an inference of guilt.
d. PREPARATION FOR THE COMMISSION OF AN OFFENSE =
Acts prior to the crime which are preparatory steps in its commission.
e. POSSESSION OF FRUITS OF THE CRIME = A person found in
possession of a marked bait money from a bank robbery: or a murder
weapon found in the possession of a suspect.
f. MODUS OPERANDI = A suspects pattern or method or
procedure in committing a crime.
g. ASSOCIATIVE EVIDENCE = Physical evidence that can link a
suspect to a crime.
h. CRIMINAL POTENTIALITY = Possession of knowledge, skills or
facilities that could easily be adopted for criminal use.
DESIRABLE TRAITS OF THE INVESTIGATOR
1. SUPERIOR REASONING ABILITY = The ability to analyze logically a
multitude of facts and determine how they interrelate is basic to the
investigative process. Although this ability is essential at all levels of law
enforcement, the investigator is confronted with continual mental
challenges on a daily basis.

= This is related to CRITICAL THINKING. This method of reasoning


challenges one to adopt an attitude of fair mindedness, intellectual
caution and an openness to questions common or assumed beliefs.
Critical thinkers will find supportable reasons to accept or reject an
assumption and are never hesitant to seek an explanation of the why
of an event.
= Developing critical and analytical thinking is the means for
understanding and using information that emerges during the
investigative process. Properly used, critical thinking leads to sound
conclusions based on independent ideas.
ELEMENTS THAT FROM THE FOUNDATION OF THE CRITICAL
THINKING PROCESS:
a. Differentiating between fact and opinion.
b. Determining cause-and-effect relationships
c. Determining the accuracy and completeness of information
presented.
d. Recognizing logical fallacies and faulty reasoning.
e. Developing inferential skills through deductive or inductive
reasoning

A FACT is a statement or observation that can be verified by other


verifiable points of information, whereas an OPINION is merely
ones impression or personal belief. Factual data will generally guide
the course and direction of the case, whereas opinions serve only as
secondary, less valuable functions.
CAUSE-AND-EFFECT thinking often serves as a directional purpose
during the investigative process, as one or more facts generate
further related factual insights.
FAULTY REASONING often centers on generalization, stereotyping,
oversimplifying, or incorrect assumptions
DEDUCTIVE REASONING forms a general conclusion prior to
having a complete explanation based on facts. With the deductive
conclusion in mind, the investigator considers the emerging
evidence, contrasting it with the conclusion to determine its validity.
An INDUCTIVE REASONING is based on the results of further
investigation and evidence gathering.

2. IMAGINATION AND CURIOSITY = IMAGINATION means forming


mental images of what is not present, or creating new ideas by combining
previous experiences is indispensable in the many investigations that
are not complete. CURIOSITY is the desire to learn by being inquisitive
(the eagerness of the investigator to know more about the crime).
3. INTUITION = This is the immediate apprehension or cognition quick
and ready insight without the conscious use of reasoning. It has been
pointed out that many police investigators have a sixth sense resulting
in hunches that those outside the profession rarely perceive. This is often
the result of experience and training. Applying ones experiences to a
situation is generally a subconscious though process.
4. OBSERVATIONAL ABILITY= The act of observing is a noting and
recording of facts. Under most circumstances, the investigator will use the
sense of seeing and hearing, the former being the more significant. e.g
The criminal investigator must be able to note visual details, while
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observing a subject for only a brief time. The accuracy of descriptions of


facial features, clothing, automobiles, etc is often crucial importance in a
criminal case.
5. ORGANIZATIONAL ABILITY = Like the successful business executive,
the police investigator is continually processing various types of
information. Written information, verbal information, current case
assignments, and follow-ups of past investigation all require an ability to
organize. The investigating officer is receiving and processing formal
reports from a multitude of sources. This demands an orderly method of
information retention that will result in the availability of records and facts
when needed.
6. LEGAL KNOWLEDGE = Todays investigator must possess a solid
grounding in criminal and to a lesser degree, in civil law. The office must
be able to distinguish between a criminal violation and a civil violation in
order to determine appropriate action.
7. CULTURAL UNDERSTANDING AND A WIDE RANGE OF INTEREST =
An awareness and understanding of cultures different from the
investigators own can be of great advantage. Such insight can assist
appreciably in information gathering, interviewing, informant recruiting,
and many other tasks commonly encountered during criminal
investigation. Because specific behaviors and traits are unique to various
groups, development of an awareness of cultural diversity can provide the
investigator with new insights.
8. PERSISTENCE = Continuing in the face of opposition, or refusing to
give up when faced with an adverse situation. To persist until all available
facts of an investigation are known and until satisfied that further effort
will be unproductive is the working definition of persistence for the
investigator.
ROLES OF AN INVESTIGATOR
1. Determine that a crime has been committed
a. An act which violated no statute is not a crime
b. Departmental jurisdiction may be limited
c. Possibility of false report
d. Legal concept of corpus delicti (body of the crime)
2. Identifying the victim and the offender
True name not required = Section 7, Rule 110 of the rules of Court
states, If his (accused) name cannot be discovered, he must be
described under a fictitious name (John Doe) with a statement that his
true name is unknown.
3. Locate and apprehend the accused
4. Presenting evidence of guilt
PHASES OF INVESTIGATION
1. PRELIMINARY OR INITIAL INVESTIGATION = It involves the first
exposure of the criminal offense to the investigative process. It serves as
the foundation for the case; therefore, it must be a proper foundation or

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the entire investigation is on jeopardy. The first police representative on


the crime scene will usually be a uniformed patrol officer. His duties are to
be provided aid to the victim, to secure the crime scene for later
investigation, and to begin documenting the facts of the crime.
a. Offense determined = Specific nature of the crime, detailed
description must be transmitted as soon as possible.
b. Suspect arrested, if possible = the outcome of preliminary
investigation is governed by the passage of time. The longer the interval
without arrest, the lower the probability of success.
c. Crime scene protected = protection of the crime scene is one of the
first procedure in the investigation of crime. The preliminary inquiry
focuses on the crime scene as the major area of importance.
d. Victim and witnesses identified = anyone who can add information
to the initial investigation. The victim is given the priority for the officers
attention. A basic interview is conducted with the victim, keeping in mind
that the victim will be interviewed again during in-depth investigation.
e. Basic statements be taken
f. Crime scene processed
ACRONYM OF PRELIMINARY INVESTIGATION
P = roceed to the scene promptly and safely
R =ender assistance to injured persons
E = ffect arrest of the criminal
L = ocate and identify witnesses
I = nterview complainant and witnesses
M = aintain integrity of crime scene and protect evidence
I = nterrogate the suspect as necessary
N = ote conditions, events, and remarks
A = rrange for evidence collection or collect it yourself
R = eport the entire incident fully and accurately
Y = ield responsibility to follow-up investigator or superior officer
11. FOLLOW-UP OR IN-DEPTH INVESTIGATION = It follows up the
preliminary or initial investigation. The in-depth inquiry begins with a
general reexamination of all facts, leads and other types of information
secured during the preliminary investigation. The detective must
determine if the preliminary inquiry was complete and attempt to answer
the following:
1. Was the crime scene processed in a proper manner?
2. If the suspect was arrested, was the arrest legally competent?
3. Of the physical evidence secured, should be examined by the crime
laboratory, and what specific examination should be requested?
4. Are the identifying data concerning victims and witnesses correct?
5. Has the preliminary officer been contacted in regard to leads or areas
of inquiry not found in the formal preliminary report?
111 FINAL OR CONCLUDING INVESTIGATION = The direct outgrowth
of the previous two stages. The investigating officer works closely with the
prosecuting attorney. A criminal case should be prepared for trial in the
following order:
1. Review the suspects arrest to ascertain its legality
2. Review all suspects statements and admission as to their
legality
3. Review the manner in which all relevant evidence has been
secured

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4. Reexamine legal requirements of victims and witness


statements and identification of the suspect
5. Review and compile all notes, reports and documents that
may be used during the trial.
6. Review all information secured by the use of informants and
make decisions about the possibility of their use in court.
7. Arrange for all necessary expert-witness testimony
CRIMINAL IDENTIFICATION
= Identification of suspects and the actual culprits of the crime is
one of the primary task in criminal identification. Most criminal cases
referred for investigation have unknown suspects. The suspects action is
known, but positive identification has not been made. Even when the
suspects identity is known, identification procedures may be required to
confirm information given by victims or witnesses.
SCOPE OF CRIMINAL IDENTIFICATION
1. Suspects identification
a. Positive identification = This uses information that identifies
an individual beyond question and is legally acceptable pertaining to and
originating from a particular individual. e.g. fingerprints
b. Tracing identification = This involves the use of all other
information that may be indicative of the personal identity of an
individual. e.g. testimony of a witness
2. Identification of actual suspects
METHODS / TECHNIQUES OF CRIMINAL IDENTIFICATION
1. FINGERPRINTS (Dactyloscopy) = The latent print lifted from the
crime scene is compared with the actual print of the suspect. If the two
are the same, the latent prints belong to the suspect.
2. ROGUES GALLERY = Use of photographic files/mug files wherein the
witness is invited to the police station and then requested to examine the
photographic files of known criminals.
3. GENERAL PHOTOGRAPH METHOD = The investigator shows to a
witness/victim a variety of faces that may not necessarily/directly
represent the face of the criminal. The photographs shown to the witness
only represent different features of faces. The image in the picture maybe
similar and thus include the various features such as:
a. degree of baldness
b. length and shape of nose
c. size of the ears
d. formation of the chin, jaw, and cheekbones
e. others
4. CARTORAPHY = The witness and the investigator develop a picture of
the criminal with the help of a skilled cartographer. Based on the
description of the witness, the artist draws a composite face that
approximates the criminals facial appearance.

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5. POLICE LINE-UP OR SHOW-UP = this involves a process of


letting/allowing a witness to select the primary suspect from a group of
chosen persons (suspect and innocent person). This method is more
convenient than the other methods since the element of suggestion is
avoided or minimized in the identification process.
STANDARD PROCEDURE ON POLICE LINE-UP
1. Four to ten persons are placed inside a line-up room. Combination of
suspects and innocent individuals wearing similar attire and, as much as
possible in similar manner of appearance of the offender as described by
a witness. They should have similar race, height, and body built.
2. These persons are allowed to select their position in a line-up. Each
person must be standing in front of a set of numerical that indicate the
height (in feet and inches).
3. A record is made of their description and physical characteristics. They
should be photographed for the record.
4. The eyewitness is then allowed to view these persons in a line-up. He
must be allowed to freely identify the person whom he thinks is the one
that he saw committing a crime ( as the case may be).
5. If he identifies one, the identification must be made in numbers not by
names. It must be noted that the names (or the personal identify of the
person in the line-up) are not divulged to the eyewitness.
6. While the eyewitness is making the identification, other people aside
from the investigator of the case should be present such as the
prosecutor and the counsel of the suspect. If it is possible, each of the
suspects standing in the line-up must have a counsel who will accompany
the witness while he is making the identification.
THE ACCURACY OF IDENTIFICATION MADE BY EYEWITNESSES
DEPENDS ON THE FOLLOWING FACTORS:
1. The ability of the eyewitness to observe and remember the distinct
appearance of suspect.
2. The prevailing conditions of visibility and observation when the crime
was committed.
3. The time that lapsed between the criminal event and when the
identification was made.
TWO CATEGORIES OF CRIMINALS IENTIFIED BY A WITNESS
1. Known criminals/fugitives = These include group of criminals who
have existing record in the police files. If the criminal has an official record
in any law enforcement units file, the address of his relatives, friends and
other acquaintances can be located. These persons could offer description
about the criminal. Background investigations can be conducted on them
to gather more personal data concerning the criminal.
2. Unknown criminals = Identification of unknown criminals should be
conducted discreetly or with caution. Available data or facts as to the
appearance/description of the criminal are sometimes vague such that
identification process is difficult.
ROPING OR UNDERCOVER WORK = It is a form of investigation in
which the investigator assumes a different and unofficial identity ( a cover

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story) in order to obtain information. The general objective of an


undercover investigation is to obtain more information.
= It is a work that requires the assumption by a police agent of an identity
in keeping with the situation to be explored. The agent must drop his real
identity and adopt another. He must talk with other people (preferably
suspects), listen to them, observe all they do, and when necessary, live
with them.
SUREVEILLANCE = The discreet observation of places, persons, and
vehicles for the purpose of obtaining information concerning the identities
or activities of subjects.
OBJECTIVES OF SURVEILLANCE
1. To detect criminal activities.
2. To discover the identity of persons who frequent the establishment and
determine their
relationship.
3. To discern the habits of a person who lives in or frequents the place.
4. To obtain evidence of a crime or to prevent the commission of a crime.
SHADOWING OR TAILING = It is the act of following a person. Its
objectives are:
1. To detect evidence of criminal activities.
2. To establish the association of a suspect.
3. To find a wanted person.
4. To protect a witness.
TYPES OF SHADOWING EMPLOYED DEPENDING UPON THE
OBJECTIVE OF THE SURVEILLANCE
1. LOOSE TAIL is employed when a general impression of the subjects
habits and associates is required.
2. ROUGH SHADOWING without special precautions may be used when
the criminal must be shadowed and he is aware of this fact, or where the
subject is a material witness and must be protected from harm or other
undesirable influences.
3. CLOSE TAIL surveillance is one in which extreme precautions are
taken against losing the subject.
OBJECTIVES OF UNDERCOVER WORK
1. Obtaining evidence = The undercover workers observes criminal
activities, listen to conversations, photograph documents, and perform
many other useful services for the purpose of obtaining evidence.
2. Obtaining information
3. Checking informant
4. To conduct fixed surveillance
5. Checking loyalty = On basis of information acquired from associates,
the undercover can determine the true color of the subjects vice and thus
dispel false impressions based on understatement or exaggerations.
6. To check subversive organizations
7. Security check = The undercover investigator can listen to the
conversation of social groups to check on security leaks or careless
observations.

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8. Preliminary to search or raid = The agent determines the presence of


contraband for example or by observing criminal activities. He can assist
the surreptitious entry of the raiders or searchers.
GENERAL QUALIFICATIONS OF UNDERCOVER INVESTIGATOR
1. Well-trained and experienced
2. A calm, collected and resourceful individual with good judgment and
wit
3. Complete self-confidence to feel absolutely certain that he can
successfully play the part of the character he will assume.
4. Courage and ability to meet unforeseen situations with quick, sound
decisions.
5. Will power to avoid drugs and excessive use of intoxicants
6. Ability to avoid unwise entanglements with women involved in the
case or associated with the subject.
PREPARATION OF ASSIGNMENT
1. Study the subject
2. Knowledge of the area
3. Subversive organization
4. Cover story = A fictitious background and history including the names,
addresses, and description of the assumed places of education,
employment, associates, neighborhoods, trades, and travel
5. Physical details = Personal possessions should be obtained for the
undercover investigator which are appropriate to the character assumed
to include clothes, a pocketbook, a watch, a ring, a suitcase, stubs of
tickets, photographs, and amount of money. The investigator must not
possess any article which will suggest his true identity.
6. Testing = The investigator should memorize all details in connection
with his assumed role and functions portion of his biography. Tested by
prolonged questioning and surprise inquiries.
7. Disclosure of identity = The investigator should be instructed not to
disclose his identity or he should remain undercover if arrested by civilian
authorities. A plan or act should also be laid out against the contingency
of accidental disclosure of identity.
TOOLS OF CRIMINAL INVESTIGATION OR THE THREE (3) IS OF
INVESTIGATION
1. INFORMATION = Any knowledge derived from any source which can
be used as a basis or as a means for decision making to facilitate the
successful termination of a criminal investigation.
= Information is the first vital key of successful investigation.
Without appropriate or adequate information, investigators will encounter
difficulties in deciding where they should start or continue their inquiry.
Thus, the ability to secure and systematically collect information is a
major asset of a good and competent investigator.
SOURCES OF INFORMATION
A. HUMAN SOURCE OF INFORMATION

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1. VOLUNTARY INFORMANT = Anyone, regardless of a criminal or


law abiding background, who provides information to the public without
ulterior motive or payment.
e.g. Garbage collector who observes a strange car parked infront of
a home or a physician who treats an individual with a gunshot wound.

The common denominator is the VOLUNTARINESS of giving


information.

Ways of obtaining voluntary information


a. Personal cultivation = Contacts made during a past investigation
proves to be useful to the present case.
b. Departmental reference = Many police agencies have
established file listings of voluntary informants cultivated in prior
investigation. The files may be cross-referenced by name, type of
information obtained, and occupation. Such information may prove
to be very useful or of no value at all depending on the information.
c. Unsolicited contact = Voluntary informants who self-initiate the
police contact. Identified subjects who report criminal activity
without being solicited, or subject who give anonymous tips over
the phone or by letter.
2. INFORMANTS WITH ULTERIOR MOTIVES = Individuals who
provided the police with information for self-serving reasons. They do
not demand or receive money for their information, however, serving
as informant benefits them in some fashion.
e.g Revenge has always been a strong motivating fact or criminals
who feel they have been cheated in the division of property often
anonymously give information on their former partners.
3. PAID INFORMANTS = An individual who receives monetary
compensation for information given.
= In the majority of cases, the informant is either actively involved
in crime or has close contacts with those who are involved in crime.
B. DOCUMENTARY SOURCE OF INFORMATION = Any type of
information of a printed nature, or data otherwise recovered and stored
for retrieval. Such information may be obtained from within the police
agency, from other criminal justice agencies, and from sources not
connected with law enforcement.
= e.g. public records, private records, modus operandi files
C. PHYSICAL SOURCES OF INFORMATION
1. THE CRIME SCENE = The place where the crime was
committed. All pieces of evidence secured from the crime scene is
reviewed as to its information potential. Crime scene evidence often has
significant value in providing the officer with suspect-tracing information.
2. WIRETAPPING = Interception of telephone calls.
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3. ELECTRONIC SURVEILLANCE OR EAVESDROPPING =


Listening on spoken interactions via devices that gather and amplify
sounds. EAVESDROPPING is listening to conversations without the
use of any device.
OBJECTIVES OF INFORMATION
1. FOR POLICE ADMINISTRATORS = Information is used in decision
making and in policy formulation.
2. FOR OPERATIONAL COMMANDERS = Information concerning their
commands, personnel, logistics, and deployment.
3. FOR INVESTIGATIVE SUPERVISORS = Information is necessary to
establish priorities concerning cases to be investigated, the criteria for
selection of cases and supervision of cases under investigation.
4. FOR INVESTIGATORS = Information is required about the
characteristics and peculiarities of previous cases similar to the one under
investigation, development of leads, and guidance during the
interrogation phase of the investigation. Information on criminals
operating within the jurisdictional area of the department.

MOTIVES OF INFORMER/INFORMANT
1. Vanity = Self-aggrandizing persons is delighted in giving information
to gain favorable attention/treatment from the police
2. Patriotism = Civic-minded public or spirited persons of good standing
in the community who are interested in seeing that justice is done.
3. Repentance = The person, usually an accomplice provides
information because of a change of heart and wishes to report a crime
that is preying on his conscience.
4. Fear = The person is under illusion or oppression by his enemies or
other impending danger.
5. Avoidance of punishment
6.Showing gratitude for gaining something
7. Competition
8. Revenge
9. Jealousy
10. Remuneration

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METHODS OF OBTAINING INFORMATION


1. OVERT = The visible way of obtaining information like conducting
interview, patrol, crime scene search, regular performance of police
activities and custodial interrogation.
2. COVERT = The secret way of obtaining information like
a. surveillance = this can be done through physical or technical
fixed or mobile
b. undercover assignments like roping, penetration, infiltration
c. entrapment
d. tactical interrogation

DEVELOPMENT AND CONTROL OF INFORMANTS


CONFIDENTIAL INFORMANT = An individual who supplies information
on a confidential basis with the understanding that his identity will not be
made known.
NEED FOR INFORMANTS
1. Informants increase accomplishments in all areas of investigation.
2. Without confidential informants. The officers source of information is
limited to what he gets through formal interview.
3. Informants enable law enforcers to infiltrate the criminal element and
help lower criminal morale. Advance information improves crime
prevention and enables the police to find out the identity of transient
hoodlums.
4. Informants are an investigative short cut to solve cases, to recover
stolen property, and to make apprehensions.
USES OF INFORMANTS
1. Maximum benefit = the confidential informant should be used for the
maximum benefit of the entire organization, not of only one (1) officer/
investigator.
2. A designated executive should be aware of the identity of the
informant. At least two (2) individuals in the law enforcement agency
should know the identity of a confidential informant. This gives him the
feeling that he is really cooperating with the police. It is also possible that
something might happen to you which would mean the loss of the
information to the entire police force. Besides the officer who developed
the informant, it is suggested that the other be a rank-officer to give the
informant a feeling of importance.
3. Consider a program within your respective commands for the
development of informants.
a. Keep records as to the ability of your men to develop informants.
b. Keep records as to the accomplishments of each of the
informants. This should tell you who among the informants
should be discarded.

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c. Keep records as to fugitives apprehended, loot recovered and


cases given to you.
d. Maintain a tickler system to review your informations
contribution to your command.
DO NO STEAL ANOTHER MANS INFORMANT
11. INTERVIEW AND INTERRROGATION
INTERVIEW = The casual but systematic conversation with the person
who may knowledge relevant to a crime under investigation, but no
personal reason to withhold information.
= A communication involving two or more persons for the purpose
of obtaining information relative to a crime under investigation. The
information gathering process will vary in difficulty in direct proportion to
the following factors:
a. cooperative attitude of the subject (the person being
interviewed)
b. perspective ability of the subject
c. skill of the investigator
d. emotional state of the subject
e. legal knowledge of the investigator
VICTIM INTERVIEW = The majority of the victim interviews involve
people who have been victimized by some form of theft and who have not
been in contact with the perpetrator. A smaller number will involve
individuals emotionally affected by direct contact with the criminal.
STEPS IN INTERVIEW
1. Thorough preparation = The investigator must determine the
following before actually interviewing the victim:
a. the nature of the crime
b. the identity and background of the victim
c. the emotional state of the victim
2. Face to face questioning = The questioning will vary in minor
details but will generally involve many retellings. The questioning
techniques used by the investigator generally are determined by the
emotional condition of the victim.
3. Conclusion = The final step of the interview of the victim.
WITNESS INTERVIEW = A witness is one who saw or knows by personal
presence and perception about the crime.
GENERAL REQUIREMENTS TO QUALIFY A WITNESS
1. That the witness was conscious during the event.
2. That the witness was physically present during the event.

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3. That the witness was psychologically and mentally attentive during the
event.

People, objects and events are perceived through the five senses,
sense of sight and hearing being the most important in judging
witness reliability. The visual accuracy of eyewitness testimony is
very important and is frequently scrutinized during a trial.

PURPOSES OF INTERVIEW
1. To establish facts necessary to prove the corpus delicti.
2. to obtain descriptive information to identify the suspect.
3. To corroborate or disapprove information previously obtained.
4. To verify evidence which the investigator has drawn from other
evidence.
5. To recover fruits of the crime.
6. To determine the location of suspects.
TYPES OF INTERVIEW
1. BACKGROUND INTERVIEW = This is focused only in obtaining data
regarding the personal background of the subject, the simplest type of
interview used in criminal cases.
2. SUBJECTIVE INTERVIEW = An interview wherein the questions are
phrased in a manner such that the subjects answers are based on his
personal opinions or views. Questions are designed to deal with the
subjective aspect of the case.
3. OBJECTIVE INTERVIEW = The questions are designed to acquire the
basic and specific data or facts regarding a criminal case. It is the type of
interview that complies with the six cardinal points of criminal
investigation ( the 5 Ws and 1 H)>
STAGES OF INTERVIEW
1. PRELIMINARY = The first or initial questioning usually conducted at
the crime scene.
2. FOLLOW-UP = This is to obtain further information that was missed
during the initial interview and to clarify data that has been already
gathered.
3. FINAL = This is the last step of questioning that may lead to the act of
offering a witness to testify during court trial.

INTEVIEW FORMAT (IRONIC)


1. IDENTITY
a. The investigator should identify himself to the witness by name, rank
and agency.

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b. he should try to size up the interviewee and reach a tentative


conclusion about this type then use the best interview approach.
2. RAPPORT = The investigator must establish good inter-personal
relationship with the witness.
3. OPENING STATEMENT = The investigator must explain why the
witness is being contacted.
4. NARRATION = Allowing the witness to present in a narrative form
without injecting questions. This will allow the continuity and clearness;
range of interview is broadened; and it helps the interviewee recall and
relate event in their proper order.
a. The interviewer should keep to the point at issue and should not
wander too far from it.
b. The interviewer should be alert fro hearsay information so he can
question the interviewee on the matter later.
c. Do not interrupt a trend of ideas by abruptly asking a question.
However, you may guide the interviewee with innocuous
questions such as, and then what did you do?
5. INQUIRY = After the witness has told the story, the investigator can
make clarifying inquiries.
a. Dominate the interview. Be careful not to allow the interviewee
to be the one asking the question.
b. Do not ramble. Have a reason for every question asked.
c. Follow the order of time and bring out the facts in that order. This
technique is called chronological questioning and is considered
the easiest as people tend
to think in terms of what happened first, second, then so on..
The interviewer
should go step by step in learning all the details concerning the
planning and
commission of the crime and what happened after it was
committed.
d. Exhaust each topic before moving on to the next.
e. Determine the basis for each material statement. It might be
hearsay.
f. Keep your questions simple and understandable.
g. The dangers of leading and misleading questions should be
borne in mind. A question which suggests to the witness the
answer which the interviewer desires is a LEADING QUESTION.
Questions which assume material facts that have not been
proven are MISLEADING QUESTIONS.
h. Wait for the answer to one question before asking a second
question.
i. Ask important questions in the same tone of voice as
unimportant ones.
j. As a rule, avoid tricking or bluffing questions.
k. Where it is necessary to inquire into the past history of the
interviewee involving something unpleasant, it is wise to use
introductory remarks deploring the need for the question and
saying that it is one of the unpleasant but necessary duties of
the officer.

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6. CONCLUSION = The interview should be concluded when the witness


has nothing pertinent to offer.
a. Before closing the interview, the law enforcer should make a mental
check of the purpose of the interview and should analyze what he has
learned, then decide whether he has attained his objectives. He should be
guided in this respect by the 5 Ws and 1 H.
b. The interviewee should always leave the door open for re-interview.
INTERROGATION = The formal systematic questioning of a criminal
suspect for the purpose of securing an admission of guilt concerning his
connection with, or participation in a crime under investigation.
CUSTODIAL INVESTIGATION = The skillful questioning of a suspect or
hostile witness to divulge information concerning the crime under
investigation.
CUSTODIAL INTERROGATION = It is the stage wherein police
investigators begin to focus on the guilt of the suspect, and the suspect is
taken into custody or deprived of his/her freedom of action in any
substantial manner.
= It must be remembered, however, the police investigators cannot
learn proper investigation merely by reading books. The success of
interrogation depends on its legality, topic, physical insight and
experience.
PURPOSES OF INTERROGATION
1. To obtain information concerning the innocence or guilt of the suspect.
2. To obtain a confession to the crime from the guilty suspect.

Confession = The direct acknowledgement of the truth of the


guilty fact as charges or of some essential part of the commission of
the criminal act itself. To be admissible, a confession must be
voluntary and trustworthy.
= It is an express acknowledgement by the accused in a criminal
case, of the truth of his guilt as to the crime charged, or of some
essential part thereof.

TYPES OF CONFESSION
a. Judicial confession or confession in open court.
b. Non-judicial confession which is also called out-of-court or
extra judicial confession. This kind of confession is
inadmissible unless corroborative by proof of corpus delicti.
c. Involuntary confession = When the confession was induces by
promises of the benefits or reward, or by force, violence, threat,
intimidation, duress, or any other means which vitiates the free
will of the accused. A person who confesses that he committed a
22

crime in effect, waives his right to remain silent. Therefore, for


the confession to be valid, it must not only be voluntary, but also
in writing and made with the assistance of a counsel of his own
choice , with full understanding of the consequences of such
confession.
3. To induce the suspect to make admission.
* Admission = It is a self-incriminatory statement by the subject
short of acknowledgment of guilt. It is an acknowledgement of a
fact or circumstance from which guilt may be inferred. It implicates
but does not incriminate.
4. To know the surrounding circumstances of a crime.
5. To learn the existence and location of physical evidence such as
documents or weapons.
6. To learn the identity of accomplices.
7. To develop information which, will lead to the recovery of the fruits of
the crime.
8. To develop additional leads for the investigation of the crime.
9. To discover details of any other crime in which the suspect participated.
INTERROGATION TECHNIQUES
1. EMOTIONAL APPROACH = Place the subject in the proper frame of
mind. The investigator should provide emotional stimuli that will prompt
the subject to unburden himself by confiding. Analyze the subjects
personality and decide what motivation would prompt him to tell the
truth, then provide those motives through appropriate emotional appeals.
2. SYMPATHETIC APPROACH = The suspect may feel the need for
sympathy or friendship. He is apparently in trouble. Gesture of friendship
may win his cooperation.
3. KINDNESS = the simplest technique is to assume that the suspect will
confess if he is treated in a kind and friendly manner.
4. EXTENUATION = The investigator indicates he does not consider his
subjects indiscretion a grave offense. (Lessen the seriousness of the
crime committed by providing partial excuse).
5. SHIFTING THE BLAME = The interrogator makes a clear belief that
the suspect is obviously not the sort of person who usually get mixed up
in a crime like this. The interrogator could tell from the start that he was
not dealing with a fellow who is a criminal by nature and choice. The
trouble with the suspect lies in his little weakness he likes liquor,
perhaps or he is excessively fond of girls, or he has had a bad run of lick
in gambling.
6. MUTT AND JEFF = These are two agents, Mutt, the relentless
investigator, who is not going to waste any time because he knows the
subject is guilty. Jeff, on the other hand, is obviously a kind hearted man.
CRIMINAL INTEROGATION
TYPES OF OFFENDERS AND APPROACHES TO BE USED IN
DEALING WITH THEM:

23

a. EMOTIONAL OFFENDERS have a greater sense of morality. They


easily feel remorse over what they have done. The best approach in
interrogating this type of offender is the SYMPATHETIC APPROACH.
b. NON-EMOTIONAL OFFENDERS normally do not feel any guilt, so the
best way to interrogate them is through the factual analysis approach,
that is, by reasoning with the subject and letting him know that his guilt
has already been, or will soon be, established.
INTERROGATION OF SUSPECT WHOSE GUILT IS DEFINITE OR
REASONABLY CERTAIN
1. Maintain an attitude which shows that you are sure of yourself when
you conclude that the subject is indeed guilty.
a. Do not be very friendly with the subject and do not offer a
handshake.
b. At the outset, accuse the subject of lying. If he reacts with anger,
this usually indicates innocence. But if he remains calm, you can generally
conclude that your suspicion of guilt confirmed.
c. Interruption of questioning by the subject may indicate
innocence. Silence is equated with guilt.
d. Do not allow the subject to repeatedly deny his guilt.
e. Assume that the subject is guilty and proceed to ask WHY he
committed the act, instead of wasting time on who did it.
f. When interrogating, a big shot, it may be useful to lower his
status by addressing him with his first name, instead of using a title of
respect.
g. Remember that one who is trained in criminal interrogation is
easier to question than an ordinary criminal since he has once confidence
in himself as a liar.
2. The subject should be made aware of the fact that the interrogator
knows information indicating his guilt and that the interrogator is not
merely fishing for evidence.
3. Let the subject know what he is showing signs of deception, some of
which are:
a. Pulsation of the carotid (neck) artery
b. Excessive activity of the Adams apple
c. Avoiding the eyes of the interrogator, swinging one leg over the
other, foot- wiggling, wringing of the hands, tapping of fingers, picking
fingernails, etc
d. Dryness of the mouth
e. Swearing to the truthfulness of assertions. This is frequently used
by guilty subjects to strengthen their assertions of innocence.
f. Spotless Past Record Religious Man. These assertions to
support statements which the subject knows, and realizes the interrogator
knows, to be false.
g. A Not that I Remember or As far as I know expression should
be treated as a veiled admission or half-truth.
4. Sympathize with the subject by telling him that anyone else under
similar conditions or circumstances might have done the same thing.
5. Reduce the subjects guilt feeling by minimizing the moral seriousness
of his offense.

24

6. In order to secure the initial admission of guilt, the interrogator should


suggest possible reasons, motives or excuses to the subject.
7. Sympathize with the subject by:
a. Condemning hid victim. During the questioning, the interrogator should
develop the notion that the initial blame, or at least some of the blame,
for the crime rests upon the victim.
b. condemning the suspects accomplice. But the interrogator must be
cautious so that his comments are not misinterpreted by the subject as
leniency or inculpable from liability.
c. Condemning anyone else upon whom some degree of moral
responsibility might be placed for the commission of the crime.
8. In encouraging the subject to tell the truth display some understanding
and sympathy.
a. Show sympathy through a pat on the shoulder (Usually reserved for
men who are either younger or of the same degree as the interrogator, or
emotional offenders), or gripping the subjects hand. Care must be taken
with female offenders, who might consider any physical contact with the
interrogator as a sexual advance.
b. Tell the subject that even if he were your own bother ( or any other
close relative), you would still advise him to speak the truth.
c. Convince the subject to tell the truth for his own moral and mental wellbeing.
d. the friendly-unfriendly act. This is much like the Mutt and Jeff system.
The only difference is that this act seems more effective if done by a
single interrogator playing both roles.
9. Point out the possibility of exaggeration on the part of the accuser or
victim or exaggerate the nature and seriousness of the offense itself.
10. Early in the interrogation, have the subject situate himself at the
scene of the crime or in some sort of contact with the victim or the
occurrence.
11. Seek an admission of lying about some incidental aspect of the
occurrence. By achieving this, the subject loses a great deal of ground,
bringing him nearer to the confession stage, because he can always be
reminded by the interrogator that he has been telling the truth.
12. Appeal to the subjects pride by well-selected flattery or by a
challenge to his honor. Flattery is especially effective on women subjects.
13. Point out the uselessness of lying.
14. Point out to the subject the grave consequences and futility of a
continuation of his criminal behavior, rather than seek a general
admission of guilt, first ask the subject a question regarding some detail
of the offense, or inquire as to the reason for its commission.
15. When co-offenders are being interrogated and the previously
described techniques have been ineffective, play one against the other.
This is effective because when two or more persons have collaborated in
the commission of a criminal offense and are alter apprehended for
questioning, there is usually a constant fear on the part of each

25

participant that one of them will talk in exchange for some leniency or
clemency.
INTERROGATION OF SUSPECT WHOSE GUILT IS UNCERTAIN
1. Ask the subject if he knows why he is being questioned.
2. Ask the subject to relate all he knows about the crime, the victim, and
possible suspects.
3. Obtain from the subject detailed information about his activities before,
during and after the occurrence under investigation. This is a good
method of testing the validity of the subjects alibi.
4. Where certain facts suggestive of the subjects guilt are known, ask him
about them rather casually and as though the real facts were not already
known, to give the subject an opportunity to lie. His answer will furnish a
very good indication of his possible guilt or innocence, and if he is guilty;
his position becomes very vulnerable when confronted with the facts
possessed by the interrogator.
5. At various intervals, ask the subject certain pertinent questions in a
manner which implies that the correct answers are already known.
6. Refer to some non-existing incriminating evidence to determine
whether the subject will attempt to explain it, if he does, that is an
indication of guilt.
7. Ask the subject whether he ever thought about committing the offense
or one similar to it. If the subject admits he had thought about committing
it, this fact is suggestive of his guilt.
8. In theft cases, if the subject offers to make restriction, that fact is
indicative of guilt.
9. Ask the subject whether he is willing to take a lie-detector test. The
innocent person will almost always immediately agree to take practically
any test to prove his innocence, whereas the guilty person is more prone
to refuse to take the test or to find excuses for not taking it, or for backing
out of his commitment to take it.
10. A subject who tells the integrator, all right, Ill you what you want,
but I did not do it, is, in all probability guilty.
GENERAL SUGGESTIONS REGARDING THE INTERROGATION OF
CRIMINAL SUSPECT
1. Interview the victim, the accuser, or the discoverer of the crime before
interrogating the suspect.
2. Be patient and persistent. Never conclude an interrogation at a time
when you feel discouraged and ready to give up; continue for a little while
longer.
3. Make no promise when asked, What will happen to me if I tell the
truth? A promise of leniency or immunity may induce an innocent to
confess.

26

4. View with skepticism the so-called conscience-stricken confession.


5. When a subject has made repeated denials of guilt to previous
investigators, first question him, whenever circumstances permit, about
some other unrelated offense of a similar nature of which he is considered
to be guilty.
6. An unintelligent, uneducated criminal suspect with a low cultural
background should be interrogated on a psychological level comparable
to that usually employed in the questioning of a child.
INTERROGATING WITNESSES AND OTHER PERSPECTIVE
INFORMANTS
1. Give the witness or prospective informant an assurance that the
offender will not harm him or any member of his family, and that there is
a witness protection program specially to meet that contingency when it
becomes necessary.
2. If such witness or prospective informant refuses to cooperate with the
police, try to serve any bond between him and the offender, and proceed
to interrogate the witness or informant as if he were the subject.
LEGAL REQUIREMENTS OF INTERROGATION
1. VOLUNTARINESS = The statement of a person being interrogated
must have been made voluntary and must not be the product of threat,
fear, fraud, coercion, or other improper tactics.
2. INTERROGATION WHILE IN CUSTODY = The warning of rights or
giving the MIRANDA WARNING/DOCTRINE
a. Right to remain silent
b. Right to counsel
c. Right to be provided with a counsel and if the suspect cannot
afford the services of a private counsel, he must be provided with
one
d. Right to be informed of his rights
e. Right to be informed that anything he says during the
investigation may be used against him in court
f. No force, violence, threat or intimidation shall be used against
him.
g. Any confession obtained in violation of these rights shall be
inadmissible in court as evidence
EXCEPTIONS TO THESE RIGHTS = These rights need not to be given in
the following events:
1. To interview suspect who are not under arrest, in custody or otherwise
restrained.
2. To suspects who are in custody but not questioned.
3. To volunteered statements of suspect in custody as long as the
investigator is not asking
questions, a talking suspect need not be advised of his rights.
4. To general on-the-scene questioning.
5. To statements made by the suspect to a private party.

27

INTERROGATION ENVIRONMENT
1. PRIVACY = This can be achieved by the presence of only one door of
the investigation room, absence of windows or view, sound proof and
telephone without a bell.
2. SIMPLICITY = Distraction should be kept to its minimum. Too many
objects may distract the attention of the subject. This can be
accomplished by a medium size investigation room, bare walls, no glaring
lights, and minimum furniture.
3. SEATING ARRANGEMENTS = The investigator and subject must be
seated without any intervening furniture.
4. THE TECHNICAL AIDS = The interrogator may allow other persons to
be present. Persons like the prosecuting officer will have the opportunity
to observe the prospective defendant, the victim and complainant maybe
able to make the identification.
a. Recording installation = This is important to record the
interrogation and any confession made.
b. Listening device = A hidden microphone as a live telephone
should be installed.
c. Two-way mirror or one-way mirror
METHODS OD REPRODUCING AN INTERVIEW AND INTERROGATION
1. Mental note
2. Written notes
3. Stenographic notes
4. Sound recordings
5. Sound motion pictures
A PHILOSOPHY OF INTERVIEW AND INTERROGATION
The RIGHT officer asking the RIGHT question
in the RIGHT manner at the RIGHT
time in the RIGHT place will
get the RIGHT answer.
111. INSTRUMENTATION= The scientific examination of real evidence;
application of instrument and methods of the physical sciences in
detecting crime.
= The sum of these sciences insofar as they are applied to crime
detection is called CRIMINALISTICS. In other words, the work performed
in a crime laboratory is called CRIMINALISTICS.
= CRIMINALISTICS may be defined as the recognition,
identification, comparison and evaluation of physical evidence by
application of the natural sciences. INSTRUMENTATION, however, is
taken here to mean more than criminalistics. Thus, fingerprint systems,
modus operandi file, lie detector, and other investigative tools are
contained within the scope of the term INSTRUMENTATION.

28

UNIT II

THE CRIME SCENE: the place to search for


evidence
= The physical location where a suspect either commits an illegal
act or leaves physical evidence of such act.
= The location at which a suspected criminal offense has occurred.
TRANSMITTAL OF EVIDENCE TO CRIME LABORATORY
= Proper handling of physical evidence is necessary to obtain the
maximum possible information upon which scientific examination shall be
based, and to prevent exclusion as evidence in court. Specimens which,
truly represents the material found at the scene, unaltered, unspoiled or
otherwise unchanged in handling will provide more and better information
upon examination.
PRINCIPLES TO BE OBSERVED IN HANDLING ALL TYPES OF
EVIDENCE
1. The evidence should reach the laboratory as much as possible in same
condition as when it is found.
2. The quantity of specimen should be adequate. Even with the best
equipment available, good results cannot be obtained from insufficient
specimens.
3. Submit a known or standard specimen for comparison purposes.
4. Keep each specimen separate from others so there will be no
intermingling or mixing of known and unknown material. Wrap and seal in
individual packages when necessary.
5. Mark and label each piece of evidence for positive identification as the
evidence taken from a particular location in connection with the crime
under investigation.
6. The chain of custody of evidence must be maintained. Account for
evidence from the time it is collected until it is produced in court. Any
break in this chain of custody may make the material inadmissible as
evidence.
PROCEDURE AT THE CRIME SCENE
1. Upon arrival at the crime scene
a. Record time/date of arrival at the crime scene, location of the scene,
condition of the weather, condition and type of lighting, direction of wind
and visibility.
b. Secure the scene by installing the crime scene tape or rope (police
line).
c. Before touching or moving any object at the crime scene, determine
first the state of the victim, whether he is still alive or already dead. If the
victim is alive, the investigator should exert effort to gather information
from the victim himself regarding the circumstances of the crime; while a
member of the team or someone must call an ambulance from the
nearest hospital. After the victim is removed and brought to the hospital
for immediate attention, measure, sketch, and photograph. Only a coronal
29

or a medical examiner shall remove the dead body unless unusual


circumstance justifies its immediate removal.
d. Designate a member of the team or summon other policemen or
responsible person to stand watch and secure the scene, and permit only
this authorize person to enter the same.
e. Identify and retain for questioning the person who first notified the
police, and other possible witnesses.
f. Determine the assailant through inquiry or observed him if his identity is
immediately apparent. Arrest him if he is still in the vicinity.
g. Separate the witness in order to get independent statements.
The initial responding officer should:
1. Establish boundaries of the scene, starting at the focal point and
extending outward to include:
a. Where the crime occurred.
b. Potential points and paths of exit and entry of suspects and
witnesses.
c. Places where the victim/evidence may have been moved.
2. Set up barriers (e.g. ropes, cones, crime scene barrier tape, available
vehicles, personnel, other equipment) or use existing boundaries (e.g.
doors, walls, gates).
3. Document entry/exit of all people entering and leaving the scene, once
boundaries have been established.
4. Control the flow of personnel and animals entering and leaving the
scene to maintain integrity of the scene.
5. Effect measures to preserve/protect evidence that may be lost or
compromised (e.g. protect from the elements like rain, snow or wind and
from footsteps, tire tracks, sprinklers).
6. Document the original location of the victim or objects that you observe
being moved.
7. Consider search and seizure issues to determine the necessity of
obtaining consent to search and/or obtaining a search warrant. Establish
boundaries as a critical aspect in controlling the integrity of evidentiary
material.
SEARCHING FOR EVIDENCE
1.Each crime scene is different according to the physical nature of the
scene and the crime or offense involved. Consequently, the scene is
processed in accordance with the prevailing physical characteristics of the
scene and with the need to develop essential evidentiary facts peculiar to
the offense. A general survey of the scene is always made, however, to
note the location of the obvious traces, the probable entry and exit points
used by the offenders and the size and shape of the area involved.
2. In rooms, buildings, and small outdoor areas, a systematic search of
evidence is initiated. (In the interest of uniformity, it is recommended that
the clockwise movement be used). The investigator examines each item

30

encountered of the floor, walls, and ceiling to locate anything that maybe
of evidentiary value. You should:
a. Give particular attention to fragile evidence that may be destroyed or
contaminated if it is not collected when discovered.
b. If any doubt exists as to the value of an item, treat it as evidence until
proven otherwise.
c. Ensure that the item or area where latent fingerprints may be present is
closely examined and that action is taken to develop the print.
d. Carefully protect any impression of evidentiary value in surfaces
conducive to making casts or molds. If possible, photograph the
impression and make a cast or mold.
e. Note stains, spots and pools of liquid within the scene and treat them
as evidence.
f. Treat as evidence all other items, such as hairs, fibers, and earth
particles, foreign to the area in which they are found e.g. matter found
under the victims fingerprints.
g. Proceed systematically and uninterruptedly to the conclusion of the
processing of the scene. The search for evidence is initially completed
when, after a thorough examination of the scene, the rough sketch,
necessary photograph and investigative notes have been completed and
the investigator has returned to the point from which the search began.
Further search may be necessary after the evidence and the statements
obtained have been evaluated.
3. In large outdoor areas, it is advisable to divide the are into strips about
four (4) feet wide. The policeman may first search the strip on his left as
he faces the scene and then the adjoining strips.
4. It may be advisable to make a search beyond the area considered to be
the immediate scene of the incident or crime. e.g., evidence may indicate
that a weapon or tool used in the crime was discarded or hidden by the
offender somewhere within a square-mile near the scene.
5. After completing the search of the scene, the investigator examines the
object or person actually attacked by the offender. e.g. a ripped safe, a
desk drawer that has been pried or a room from which items have been
stolen, would be processed after the remainder of the scene has been
examined for traces of the offender. In a homicide case, the position of
the victim should be outlined with a chalk or any other suitable material
before the body is removed from the scene. If the victim has been
pronounced dead by a doctor or is obviously dead, it is usually advisable
to examine the body, the clothing and the area under the body after the
remainder of the scene has been searched. This is to enable the
policeman/investigator toe valuate all objects of special interest in the
light of all other evidence found at the scene.
METHODS OF SEARCH
1. STRIP SEARCH METHOD = In this method, the area is blocked out in
the form of a rectangle. The three (3) searchers, A,B, and C proceed
slowly at the same pace along, paths parallel to one side of the rectangle.
When a piece of evidence is found, the finder announces his discovery
and the search must stop until the evidence has been cared for . A
photographer is called, if necessary. The evidence is collected and tagged

31

and the search proceeds at a given signal. At the end of the rectangle, the
searchers turn and proceed along new lanes.

2. THE DOUBLE STRIP OR GRID METHOD OF SEARCH = a


modification of the strip search method. Here, the rectangle is traversed
first parallel to the base then parallel to the side.

3. SPIRAL SEARCH METHOD = In this method, the three searcher follow


each other along the path of a spiral, beginning on the outside and
spiraling toward the center.

4. ZONE SEARCH METHOD = In this method, one searcher is assigned


to each subdivision of a quadrant, then each quadrant is cut into another
set of quadrants.

32

ZONE SEARCH METHOD

5.WHELL SEARCH METHOD = In this method of search, the area is


considered to be approximately circular. The searcher, gathers at the
center and proceed outward along radii or spokes. The procedure should
be repeated several times depending on the size of the circle and the
number of searchers. One shortcoming of this method is the great
increase in the area to be observed as the searchers depart from the
center.

33

COLLECTING EVIDENCE = This is accomplished after the search is


completed, the rough sketch finished and photographs taken. Fragile
evidence should be collected as they are found. All firearms found to have
tampered serial numbers (SNs) shall be automatically subjected to macro
etching at the PNP Crime Laboratory (PNP-CL). A corresponding report to
the Firearms and Explosive Office (FEO) must be made for verification
purposes. In the collection, the investigator should touch the evidence
only when necessary.
REMOVAL OF EVIDENCE
1. The investigator places his initials, the date and time of discovery on
each item of evidence and the time of discovery on each item evidence
for proper identification.
2. Items that could not be marked should be placed in a suitable container
and sealed.
PRESERVATION OF EVIDENCE = It is the investigators responsibility to
ensure that every precaution is exercised to preserve the physical
evidence in the state in which it was recovered/obtained until it is
released to the evidence custodian.
1. MAINTAINING PHYSICAL INTEGRITY OF EVIDENCE
a. Photographing = As evidence is discovered at the scene, it
should be photographed before being touched.
Purposes:
1. It serves as a permanent record of the object in the event
subsequent handling alters or destroys it
2. It gives opportunity for the judge to examine evidence which is
too dangerous, burdensome or impractical to produce in court.
3. It gives an opportunity for the investigator to review physical
evidence in the case without handling the actual objects.
b. Packaging = Physical evidence should be packed in order to
prevent loss, tampering, breakage or deterioration. Clean bottles,
envelops, bags and other containers properly sealed will
accomplish this purpose.
EVIDENCE/ITEM
1. Paper
2. Glass
3. Firearm
4. Hair
before placing
5. Dirt
6. Cloth
is

DESIRED CONTAINER
Envelope
Peg (foam)
Box or board of exact size
Wrap it first with filter paper
it in an envelope
= same=
Box Do not fold the area where there
stain. Encircle the location of the

stain
using a chalk for easy identification.

34

7. Seminal stain
dropper

If moist, drop distilled water using a


and use the same to collect it, then

place it
8. Blood
collect the

in a test tube
Use an sterilized eye dropper to
blood and place it in a test tube and

add
saline solution.
Use saline solution to prevent
coagulation
2. MAINTAINING LEGAL INTEGRITY OF EVIDENCE
a. Identification of evidence= In order to have evidence
admitted in court, the officer who originally discovered the
evidence must identify the items as the same object found at the
scene.
b. Marking of evidence= The investigator generally writes or
scratch the following on each item of evidence collected:
1. Name or initial of the individual collecting the evidence
2. Dates of item was collected and transferred
3. Case number, and type of crime
4. Victims or suspects name
5. Brief description of the item
c. Tagging of evidence = Objects that are not suitable for
marking might be tagged. A paper tag firmly affixed to the item
of evidence can serve as a basis for alter identification.
= Any physical evidence obtained must be tagged before its
submission to the evidence custodian.
d. Sealing of evidence = Placing articles of evidence in a paper or
plastic container and sealing it with a tape ensures the object is
not improperly handled and preserves both the legal and
physical integrity of evidence. A slip of paper with the
appropriate identifying information is either enclosed in the
package or affixed outside.
EVALUATION OF EVIDENCE = Each item of evidence must be evaluated
in relation to all the pieces of evidence, individually and collectively.
CHAIN OF CUSTODY OF EVIDENCE = a process used to maintain and
document the chronological history of the evidence. Documents should
include name or initials of the individual collecting the evidence, each
person or entity subsequently having custody of it, dates the items
collected or transferred, agency and case number, victims or suspects
name, and a brief description of the item.
= The methodology involving the systematic searching, handling,
distribution, and accountability of all evidence found at the crime scene.

35

The documentation of every article of evidence, from the point of initial


discovery at the scene, to its collection and transport to the point of
examination, its temporary storage and final disposal.
SKETCHING THE SCENE
POINTS TO CONSIDER
1. To establish admissibility, the investigator must have personal
observation of the data in question. In other words, the sketch must be
sponsored or verified.
2. REMINDER: Sketches are not a substitute for notes or photos; they are
but a supplement to them.
3. Types of sketches
a. Floor plan or birds eye-view
b. Elevation drawing
c. Exploded view
d. Perspective drawings
4. Write down all measurements.
5. Fill in all the details on your rough sketch at the scene. Final sketch may
be prepared at the
office.
6.Keep the rough sketch even when you have completed the final sketch.
7. Indicate the NORTH direction with an arrow.
8. Draw the final sketch to scale
9. Indicate the PLACE in the sketch as well as the person who drew it. Use
the KEY capital letters of the alphabet for listing down more or less normal
parts or accessories of the place, and numbers for items of evidence.
10. Indicate the position, location and relationship of objects.
11.Methods or systems of locating points/objects on sketch:
a. Rectangular coordinates = measurements at right angles from
each of two walls.
b. Coordinates constructed on transecting base line. Chose
relatively fixed points
for your base line.
c. Triangulation = Measurements made from each of two fixed
objects to the point
you want to plot or locate so as to form an imaginary triangle.
Sketch will show as
many imaginary triangles as there are objects plotted.
12. Critical measurement, such as skid marks, should be checked by two
(2) investigators.
13. Measurements should be harmony; or in centimeters, inches, yards,
meters. Mixed in one
sketch.
14. use standard symbols in the sketch.
15. Show which way doors swing.
16. Show with arrow the direction of stairways.
17. Recheck the sketch for clarity, accuracy, scale , title, key.
SPECIFIC KINDS OF SKETCHES

36

1. SKETCH OF LOCALITY =This gives picture of the scene, the crime


and its environs, including such items such as neighboring buildings,
roads leading to the location or house. In arson cases, it aids in
determining whether the fire was cause by nearby inflammable property.
2. SKETCH OF GROUNDS = The sketch of grounds pictures the scene of
the crime with its nearest physical surroundings (e.g. house with a
garden).
3. SKETCH OF DETAILS = The sketch of details describes immediate
scene only. For instance, the room in which the crime was committed and
the details thereof. Cross projection method are details of the room
wherein walls and ceiling are pictures as if they are on the same place as
the floor. This gives a clear impression of the scene in cases where
bloodstains or bullet holes are found in the walls or on the ceiling.
RELEASING THE SCENE = The scene is not released until all processing
has been completed. The release should be effected at the earliest
practicable time, particularly when an activity has been closed or its
operations curtailed.

SCENE OF CRIME OPERATION (SOCO)


COMPOSITION OF SOCO TEAM
The SOCO team is composed of but not limited to the following
depending on the nature of the case:
1.
2.
3.
4.
5.
6.
7.

Team leader
Assistant team leader
Photographer and photographic log recorder
Evidence and evidence recorder
Evidence recorder
Evidence recovery personnel
Driver/security

PERSONNEL FUNCTIONS AND RESPONSIBILITY


1. Team leader
a. Assume control of the crime scene. Ensure the safety of personnel as
well as the victim and offenders caught in the scene and secure the crime
scene from kibitzers.
b. Conduct initial survey of the crime scene for evaluating potential
evidence and narrative description of the place.
c. Determine search patterns to be used and designate assignments to
evidence gatherer.
d. Designate command post location in or near the crime scene and
ensure exchange of information between searcher and investigator.
e. Coordinate with other law enforcement agencies for the security of the
victims, offenders/suspects and the scene of the crime.
f. Ensure that sufficient supplies and equipment are made available for
personnel involved in SOCO.
g. Control access to the scene and designate personnel to log persons
entering the place and remove Kibitzers in the area.
h. Continuously reevaluate efficiency of the search to ensure that all
places are searched properly.
37

i. Release the crime scene to the investigators handling the case.


2. Assistant team leader
a. Shall assist the team leader in all his functions and responsibilities.
b. Assume/takeover the responsibilities of the team leader in his absence.
3. Photographer and photographic log recorder
a. Photograph the entire area of the scene with overall medium and closeup coverage using appropriate scale.
b. Photograph victims, suspects/offenders arrested in the scene.
c. Photograph all evidence before collection.
d. Photograph all latent fingerprints, impressions before lifting or casting
is made. Likewise, photograph blueprint maps and other items.
e. Prepare photograph log and photographic sketch.
4. Sketcher
Perform all sketches necessary during the crime scene processing.
5. Evidence recorder/custodian
a. Prepare evidence recovery log and accomplish chain of custody of
evidence.
b. Conduct packaging, preservation and transportation of gathered
evidence to the Crime Laboratory.
c. Coordinate evidence nomenclature with sketcher, photographer and
evidence gatherer.
d. Receive and record all evidence recovered.
e. Maintain custody and control of evidence.
f. Observe the proper custody of evidence.
g. Coordinate transmittal of evidence to case investigators or to Crime
Laboratory per agency guidelines.
6. Evidence recovery personnel
a. have significant evidence photograph before it is collected.
b. Keep team leader always apprised of significant evidence located.
c. Initial and date all evidence and turn it over to the evidence recorder/
custodian after noting where the item was located
d. Coordinate evidence nomenclature with evidence recorder/custodian
and sketch prepared.
e. Ensure that appropriate safety measures are adhered to especially with
respect to proper clothing including gloves.
EQUIPMENT
1. BASIC EQUIPMENT
a. Crime scene tape or rope (police line)
b. Measuring device ruler and measuring tape
c. Recording materials = chalk, sketcher and paper pad
d. Camera with film
e. Video camera or tape recorder
f. Evidence collection kit
g. Flashlight
2. EVIDENCE CONTAINERS
a. String tags - large and small
b. Evidence tape or masking tape
c. Roll of manila paper for wrapping

38

d. Plastic gallon
e. one-half pint bottles/vials plastic and glass
f. one-fourth pint bottles/vials plastic and glass
g. Absorbent cottons
h. Rolls of fingerprint tape
i. Plastic bags different sizes
J. Paper bags different sizes
3. Tools
a. Pair of scissors
b. Knife heavy and folding knife
paris for
c. Adjustable wrench
marks
d. Piers
e. Wire cutter
f. Complete screw driver set
g. saw
sizes
h. hammer
i. Ax or hatchet
j. shovel
microk. fingerprint magnifier
l. Nylon brush
m. Magnet

n. Spatula
o. Box of plaster of
casting or lifting foot
p. Goggles
q. Sifting screen
r. Ladder
s. Funnel of different
t. Hand lens of magnifier
u. Weighing scale
v. venire caliper and
meter
w. Scalpels

4. Evidence gathering equipment


a. rubber gloves and cotton
b. Box or filter
c. White cotton sheet
d. Cotton balls and swabs
e. Fingerprint car, data card and ink cards
f. Photo data card
g. Black and white latent print lifting cards
h. Rolls of lifting card
i. Complete magna brush kit
j. Complete dusting kit
k. heavy duty rubber lifters
l. Camera with no wide angle, normal and macro lens
m. Arson kit
n. Casting and molding kit
o. electric engraver
5. Miscellaneous
a. Rubber bands
b. Pencils, ballpens, pentel pen different colors
c. Chalks
d. Permanent flet marker
e. Eraser
f. Stapler with extra staple
g. Assorted paper clip and binders
h. notebooks, paper pads, sketch pads and drawing pads
i. Drawing compass
j. Clippers

39

k. magnetic directional compass


l. Carbon papers and coupon bonds

CRIME SCENE RECONSTRUCTION

The determination of the actions surrounding the commission of


a crime. Careful and competent examination of the physical evidence ,
the documentation of the crime scene allows for this determination. The
systematic documentation and recording of the crime scene is required
for this analysis.
= The use of scientific methods, physical evidence, deductive
reasoning and their interrelationships to gain explicit knowledge of the
series of events that surround the commission of a crime.
CRIMINAL RPOFILING = The application of psychological theory to the
analysis and reconstruction of the forensic evidence that relates to an
offenders crime scenes, victims behavior. It tends to answer the question
why or questions regarding the offenders motive and intent.
TYPES OF RECONSTRUCTION
1. PHYSICAL RECONSTRUCTION = The physical appearance of the
crime scene is reconstructed from the description of witnesses and the
indication of the physical evidence.
2. MENTAL RECONSTRUCTION = From the physical reconstruction,
some conclusions can be made concerning the consistency of the
accounts of various witnesses. No assumption should be made concerning
actions which are not supported by evidence. The final theory developed
by the investigator should provide a line of investigative action.
STEPS IN RECONSTRUCTION
1. Recognition of evidence is arguably the most important. Unless the
potential evidence can be recognized, no further reconstruction can be
carried out.
2. Documentation and collection of evidence are the heart of any
successful scene investigation, and form the basis for the reconstruction.
3. Evaluation of evidence = examination of evidence, possibly following
laboratory analysis and looks at what information the evidence provides,
and how reliable it is. At this time, any witness statements should be
compared to the evidence to see which part of the statements can be
supported or refuted by the evidence.
4. Hypothesize to formulate an idea of how the event occurred. This is
not merely guess and should be firmly supported by the evidence.
5. Testing to see how the hypothesis developed can be validated. This is
accomplished by checking the evidence against known physical laws or
devising a test to attempt to replicate the event (or the relevant
segment).
6. Reconstruction to reporting the results of the analysis. The results are
reported as a range, where the event or potion of it.
UNIT III

40

ARREST, SEARCH AND SEIZURES


ARREST = The taking of a person into custody so he can answer for the
commission of an offense.
Who are exempt from arrest?
1. Senators or members of the House of Representatives, while Congress
is in session, in all offenses punishable by not more than six(6) years
imprisonment.
2. Diplomatic officials and their domestics.
Duty of Arresting Officer = It shall be the duty of the officer executing
the warrant without unnecessary delay to arrest and to deliver him to the
nearest police station or jail.
Techniques in Making Arrest
1. Initial contact with subject
a. Investigator/operative identifies himself in a clear and audible
voice
b. Show identification
c. Inform the subject that he is under arrest
d. Consider the possibility that the subject is wanted for another
crime
2. Methods of Arrest
a. With Warrant of Arrest = The officer shall inform the person to be
arrested of the cause of the arrest and of the fact that a warrant has been
issued for his arrest, except when he flees or forcibly resist before the
officer has opportunity so to inform him or when the giving of such
information will imperil the arrest. The officer need not have the warrant
in his possession at the time of the arrest but after the arrest, if the
person arrested so requires, the warrant shall be shown to him as soon as
practicable.
b .Without Warrant of Arrest = The officer shall inform the person to
be arrested of his authority and the cause of his arrest, unless the person
to be arrested is then engaged in the commission of an offense or is
pursued immediately after its commission or after an escape, or flees or
forcibly resist before the officer has opportunity so to inform him, or when
the giving of such information will imperil the arrest.
Life of a Warrant of Arrest = A warrant of arrest, even if not served
within the statutory period, remains valid unless recalled by the issuing
court, or if the accused is arrested or has voluntarily submitted himself to
the jurisdiction of the issuing court, unlike a search warrant which has a
lifetime of only ten (10) days from its date of issuance.
When Arrest may be Legally Effected
1. In general, an arrest can be validly effected only upon lawful order or
warrant of a competent court or judge.
2. Lawful warrantless arrest:
41

a. When, in the law enforcers presence, the person to be arrested


has committed, is actually committing, or is attempting to commit
an offense.
b. When an offense has in fact been committed, and the officer has
personal knowledge of facts indicating that the person to be
arrested has committed it.
c. When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgment or temporary confined while his case is pending, or has
escaped while being transferred from one confinement to
another.
d. If a person lawfully arrested escapes or is rescued, any person
may immediately pursue or retake him without a warrant at any
time and in any place within the Philippines.
e. When the arrest is made by a bondsman for the purpose of
surrendering the accused.
f. When the accused released on bail attempts to leave the country
without court permission.
g. Violation of conditional pardon, punishable under Article 159 of
the Revised Penal Code.
PLANNING THE ARREST
1. This is the responsibility of the chief team leader or officer acting in his
absence.
2. If the arresting party is composed of two (2) or more members,
somebody must be placed in charge, preferably the most experienced.
3. Consider the arresting party and covering party.
4. Consider protection of innocent bystanders.
5. Prevent escape of subject.
6. Make a discreet reconnaissance of the area.
7. Determine weapons and equipment needed.
8. Consider superiority of manpower and firepower.
9. Make the plan simple enough to be understood by the least
experienced
operative/investigator.
10. Consider the element of SURPRISE (Daybreak has proven satisfactory
for a number of
successful arrest).
11. Consider overall coordination.
12. Consider concealment or cover that might be available both in
effecting the arrest and
removing the subject from the building.
13. The briefing officer should ask the participants if they have any
questions regarding the
plan.
WHO MAY EXECUTE ARREST? Among others, members of the PNP and
the NBI may effect arrest.

42

HOW TO EFFECT ARREST?


1. In general, an arrest is made by an actual restraint of the person to be
arrested, or by his submission to the custody of the person making the
arrest.
= No violence or unnecessary force shall be used in making an
arrest, and the person arrested shall not be subjected to any greater
restraint than is necessary for his detention (Sec. 2, Rule 113).
2. Making the arrest = Use good judgment in connection with the arrest
and assume that the subject is armed and will take your life if given an
opportunity.
3. Arrest on the street
a. This should be made from the side or rear when possible.
b. Subject should be forced toward a building.
c. Avoid congested areas when possible.
4. Arrest at home, office or business establishment
a. Restrict the subjects movement. Do not grant requests for personal
privileges before being searched.
b. Clothing an other things requested should be examined for weapons or
items of evidence before turning them over to the subject.
TERRITORIAL EFFECTIVITY OF A WARRANT OF ARREST
= Warrants of arrest issued by Metropolitan Trial Courts, Municipal
Trial Courts or Municipal Circuit Trial Courts can be served anywhere in the
Philippines without a certification by a judge of the Regional Trial Court
(Supreme Court circular No. 14, 22 Oct 85).
DUTY OF PERSON MAKING AN ARREST WITHOUT A WARRANT
=Any person making an arrest on legal grounds shall, without delay
and within the time prescribed under Art. 125 of the RPC, take the person
arrested to the proper court or judge for appropriate action. However, it is
not the physical delivery of the arrested person that is required under Art.
125 of the RPC, but the filing of an information against the arrested
person in the proper court, where the judge has the authority to issue an
order of release or of confinement.
PERIODS WITHIN WHICH PERSON ARRESTED WITHOUT A
WARRANT SHOULD BE CHARGED IN THE PROPER FORUM
= Executive Order No. 272. dated 25 July 1987, amended Article 25
of the RPC by extending the period authorized to detain a person prior to
delivery to the judicial authority, to wit:
a. six (6) to twelve (12) hours for crimes or offenses punishable
with light penalties;
b. nine (9) to eighteen (18) hours for crimes or offenses punishable
with correctional penalties; and
c. eighteen (18) to thirty-six (36) hours for crimes or offenses
punishable with afflictive or capital penalties.
RIGHT OF ATTORNEY OR RELATIVE TO VISIT PERSON ARRESTED.

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= Any member of the bar shall, at the request of the arrested


person or of another on his behalf have the right to visit and confer
privately with such person, in jail or any other place of custody at any
hour of the day or, in urgent cases, of the night. This right shall be
exercised by any relative of the person arrested subject to reasonable
regulation (Sec. 14, Rule 113).
= Executive Order No. 155, dated 30 March 1987, amending
Republic Act No. 857, penalizes any public officer who deprives a person
of his right to counsel. The penalty shall be prision correctional or
imprisonment of six (6) months and one (1) day to six (6) years.
MEDICAL EXAMIANTION OF ARRESTED PERSON/SUSPECT
= Immediately after the arrest of a person ordered arrested by the
court, or of a suspect under investigation, he should be subjected to a
medical examination. Prior to his release or any change of custody, the
suspect should also be medically examined by a medico-legal officer or, in
the absence of such medico-legal officer, by any government physician in
the area.
SUMMONING ASSISTANCE FOR THE ARREST
= Any officer making a lawful arrest may verbally summon as many
person as he deems necessary to aid him in making the arrest. Every
person so summoned shall aid him in the making of such arrest., when he
can render such and without detriment to himself (Sec. 10, Rule 113).
RIGHT OF PERSON ARRESTED
= Republic Act No. 7438 states the rights of a person arrested,
detained or under custodial investigation.
SEARCH = An examination of an individuals person, house, papers or
effects, or other buildings and premises to discover contraband or some
evidence of guilt to be used in the prosecution of a criminal action.
SEARCH WARRANT = An order in writing issued in the name of the
People of the Philippines, signed by a judge and directed to a peace
officer, commanding him to search for personal property described
therein and to bring it before the court (Sec 1, Rule 126).
ITEMS TO BE SIEZED = A search warrant may be issued for the search
and seizure of the following personal property:
a. Property subject of the offense;
b. Property stolen or embezzled and other proceeds or fruits of the
offense; and
c. Property used or intended to be used for committing an offense.
(Sec 2, Rule 126).
PROBABALE CAUSE REQUIRED FOR A SEARCH WARRANT
= Probable cause means that sufficient facts must be presented to
the judge issuing the warrant to convince him that circumstances
sufficiently establish the need for the issuance of the warrant.
MAY THINGS ILLEGALLY SEIZED BE ADMITTED IN EVIDENCE?
= The fruits of an illegal search are INADMISSIBLE as evidence.
Any evidence obtained in violation of the right of the people against

44

unlawful searches an seizures shall be inadmissible for any purpose in any


proceeding (Sec 392), Art. 111, 1987 Phil. Constitution).
MAY ARTICLES NOT MENTIONED IN THE SEARCH WARRANT BE
SEIZED?
= Generally articles not included in the search warrant may not be
seized. However, articles prohibited by a statute, although not included in
the search warrant may be seized. Thus, if during the progress of a
bonafide search for other commodities illegally possessed, whether with
search warrant or not, contraband or items declared as illegal per se are
discovered, the contraband can be seized. The seizure of goods, the
possessing of which is forbidden by statute, violates no constitutional
right of the accused.
HOW TO SERVE A SEARCH WARRANT?
= A search warrant must be served within ten (10) days from its
date (thereafter, it shall be void) (Sec 9, Rule 126) in the following
manner:
a. The police officer concerned must go to the place indicated in
the search warrant and take the things described therein, in the
presence of at least one competent witness who is a resident of
the neighborhood. If he is refused admittance to the place of
search after giving notice of his purpose and authority, he may
force himself in to execute the warrant; and if he is detained
therein, he may force himself out to liberate himself (Sec 6, Rule
126).
b. The search must be made at daytime, unless otherwise stated
(Sec 8, Ibid).
c. The officer seizing the property must issue a detailed receipt of
the things seized from the person in whose possession it was
found, or in the absence of such person, he must, in the
presence of at least one (1) witness, leave such receipt in the
place where such things were seized. (Sec 10, Ibid).
c.1 In compliance with this procedure, it has been standard
practice to issue a RECEIPT FOR PROPERTY SEIZED after a
seizure. The receipt is signed by the seizing officer only and
two (2) witnesses. Recent Supreme Court decisions, however,
declare that such receipt when signed by the accused, is in
effect an extrajudicial confession of the commission of the
offense charged. (People vs. de las marinas, G. R. No. 87215,
30 April 91; and People vs. Manyao G. R. No. 84525, 6 April
92). Consequently, if the accused does not sign such receipt,
it may still be used in evidence. Moreover, if the accused DID
in fact sign the receipt, but he signed it with the assistance of
a lawyer of his choice, that act would constitute a valid waiver
of his right against self-incrimination.
c.2 It must be noted that in the case cited above, the crime
charged is possession of prohibited drugs. Thus, the signature
of an accused on the receipt is a declaration against interest
and a tacit admission of the crime charged, as mere
unexplained possession of prohibited drugs is punishable. The
doctrine is therefore not a hard and harsh rule as far as the
Receipt of Property Seized is concerned. If the crime
charged is possession of unlicensed forearms, for example,
the doctrine would apply. In other cases, it will not apply.

45

c.3 Another document which is made after a search is a


CERTIFICATION OF PROPERTY SEIZED. This is signed by
the owner of the seized property, and would seem to fall
more under the court pronouncement above than the Receipt
for Property Seized does.
d. As mush as possible, during the opening of safes, drawers,
cabinets, tables, etc,. the lifting of the articles should be done by
the owner of the house or his authorized representative, or by
immediate members of his family, to preclude any suspicion of
theft or planting of evidence.
d. Thereafter, the officer must immediately deliver the things or
property seized to the judge who issued the warrant, together
with an inventory duly verified under oath. (Sec 11, Ibid).
LAWFUL WARRANTLESS SEARCHES AND SEIZURES
1. When there is consent or waiver. To be a valid waiver, the right must
exist, the owner must be aware of such right, and he must have an
intention to relinquish it.
2. When the evidence to be seized is in plain view. The discovery of
the evidence must be inadvertent or unintentional.
3. Customs search or searches made at airports/seaports in order to
collect duties. This warrantless search is allowed due to urgency.
4. Search of moving vehicles may be made without a warrant because
it would be impracticable to secure a search warrant before engaging in
hot pursuit.
5. Routine searches made at or in the interest of national security, such
as border checks or checkpoints.
6. Stop-and- search or stop-and-frisk, where the search precedes the
arrest, and as allowed on grounds of reasonable suspicion.
7. Search incidental to a lawful arrest. A person lawfully arrested may
be searched for dangerous weapons or anything may be used as proof of
the commission of an offense, without a search warrant. (Sec 12, Rule
126).
SEARCHES OF PERSON ARRESTED
1. Probe do not pat. A woman operative should be used to search
females.
2. The need to handcuff the subject. Dangerous and violent criminals, as
well as escapees from prisons and escape artists, must be handcuffed.
3. Do not stop the search when a weapon was found.
4. Look for items which may be used to commit suicide.
5. Look for items of evidence.
6. Searchers should never cross the line of fire.
7. Do not talk to subjects in the course of the search.
8. Do not grant subjects request to attend to something before, during
and immediately after the search.

46

9. In a search by a single officer, have the gun ready with the hand at a
distance from the subject.
10. Be sure to search for every part of the body and clothing.
TYPES OF SEARCHES
1. Wall Search = The purpose is to place the subject in an off-balance
position requiring the use of both arms and legs to keep him from falling
to the ground. This is the safest type of search. It does not necessarily
require a wall, any object that can support the weight of the subject (such
as a car) can be used. The procedures are:
a. Require subject to place both hands on the wall slightly higher
than his waist. Spread hands as far apart as possible. Palms should
be placed against the wall, fingers extended.
b. The subjects feet must be extended back away from the wall as
far as possible. Spread then far apart as possible, toes pointed out.
Buttocks should not be on arched position.
c. The subjects hand should be down or bowed at all times.
d. Mechanics in executing the wall search:
d.1 If there is one subject, the leader of the search should
place himself at one side, while his subordinate is on the other side;
d.2 To search the other side, the subordinate should move to
the opposite side;
d.3 If there are two or three subjects, move one subject to be
searched on the wall but out of reach of the others;
d.4 Search both sides of subject, the leader conducting the
searches and the subordinate guarding the other subjects;
d.5 Move one subject at a time;
d.6 Subjects head should be down at all times;
d.7 The subordinate concentrate on the actions of the subject
and not the action of the leader;
d.8 When there are more than three subjects, additional
personnel should be summoned;
d.9 In serious apprehensions, the searcher should hold his
weapon in ready position throughout the search;
d.10 The body must be searched systematically with the foot
of the searcher placed tightly against subjects foot, right with right,
left with left, anklebone against anklebone;
d.11 Remove any object found, then examine the palm of the
hand, including between the fingers.
2. Standing Search
a. Raise subjects hand over his head and spread his feet far apart
as possible.
b. This is not recommended because the subject is in the onbalance position.
3. Kneeling Search
a. Subject kneels on the ground with hands raise over his head.
b. this is also discouraged for the same reason as the standing
search.
4. Prone Search
a. Subject lies on his stomach with arms and legs outstretched.

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b. Subject has both arms and legs free and is at all times in an onbalance position.
c. Front part of clothing cannot be searched.
d. This can be extremely dangerous if the subject has knowledge of
judo.
METHODS OF RESTRAINT: HANDCUFF
= The best method of restraint, if applied properly, is a good
preventive measures; but if improperly applied, it could be dangerous.
1. How handcuff are applied
a. Take position directly behind the subject.
b. The handcuff is applied when the subject has placed his hand on
his back.
c. Do not reach out for the hands of the subject as it ill provide him
with an
opportunity to grasp the hand of the investigator and throw him offbalance.
2. When applying handcuffs, give the following orders to the
subject and follow this procedure:
a. First order: Take your right hand off the wall and place it
on your back. Fasten the handcuff to this hand and firmly hold
the other handcuff.
b. Second order: Move up and put your hand against the
wall. Allow the subject to move closer to the wall, making certain
his feet remain back far enough him off-balance.
c. Third order: Take your other hand off the wall and place
it on the small of your back. Fasten the other handcuff and
double-lock both handcuffs.
e. Final order: Stand up and face the wall. Help the subject
in doing this.

RAID =

A surprise invasion of a building or area. It is small-scale attack


of a limited territory.
Legal Basis: A raid must be legal, having its basis in lawful process
and conducted in a legal manner. This will be in the form of a search
warrant or warrant of arrest. The raid may be in pursuit of a person
reasonably believed to be guilty of a felony when it is known that the
felony has just been committed.
OBEJCTIVES:
1. Effect an apprehension;
2. Obtain evidence of illegal activity by surprising the offenders in
flagrante
delicto; or
3. Recover stolen property.
FACTORS AFFECTING SUCCESS OR EFFECTIVENESS OF A RAID
1. Size of raiding party.
2. Speed.
3. Surprise
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4. Superiority of arms.
5. Simplicity of plan and operation.
COMPOSITION OF RAIDING PARTY
1. Raid commander, assistant raid commander, covering or surrounding
party;
2. going-in detail or entering party;
3. In charge of raiding vehicles;
4. In charge of rendering inoperative the subjects vehicle, if any;
5. Recover who should keep an accurate log of the raid, gather evidence,
make inventories
and testify in court; and
6. Photographer.
DUTIES OF COVERING OR SURROUNDING PARTY
1. Covers approach of going-in detail or entering party.
2. Prevents the escape of criminals.
3. Covers the entire area of the building.
4. Neutralizes fire of barricaded criminals.
DUTIES OF GOIN-IN OR ENTERING PARTY
1. Calls for surrender of criminals.
2. Effects arrest.
3. Incapacitates and dislodges criminals.
4. Searches for evidence.
UNDERTAKING
= As in purely military operations, a raid, to be successful must
have the following elements:
1. Mission
5. Orders
2. Reconnaissance
6. Execution
3. Plans
4. Instructions
PLANNING THE RAID
= The success of the raid depends upon intelligent planning and
competent implementation. To achieve the necessary elements of
surprise, the operation must be performed surreptitiously and with speed.
a. The terrain and buildings should be subjected to close study.
b. In order to obtain the necessary data for planning, a
reconnaissance/surveillance of the place should be conducted.
c. The participants should be informed of the nature of the mission.
d. The specific assignment and position of each member of the
raiding party, the tactics to be employed, the equipment and
transportation to be used, the evaluation of possible danger
points, and the optimum time to be selected should be stressed.
e. Things to consider when planning a raid:
e.1 Need for surveillance
e.2 Number of individuals to be apprehended. Are they armed?
With what? If uncertain, assume they are armed.
e.3 Are photographs and descriptions of subjects available for
use in the briefing?
e.4 Determine the physical structure of the place where the
criminals are located
e.5 Determine all possible escape routes
e.6 Need to discreetly photograph the place and immediate area
e.7 type of neighborhood where the hideout is located

49

e.8 Volume and kind of activities in the neighborhood at various


times (to
determine the most desirable time to conduct the raid)
e.9 Street plans of neighborhood for possible road blocks
e.10 Do the men have confidence in the ability of the raid
leader?
e.11 Consider:
= Speed - in moving into position and the execution of
the plan.
= Surprise - catch subject off-guard
= Simplicity a plan that is easy to remember and
understand; this avoids confusion.
e.12 consider dividing the raiding party into:
= Cover group moves into position on first, covers
advance of raiding party and avenues of escape
= Raid group: disarm and restrain subjects, searchers
premises secures evidence, etc
e.13 Does every member of the raiding party know the raid plan
completely? The identities and duties of all?
e.14 What is your move-out plan?
e.15 What are the instructions concerning the use of firearms?
e.16 What are the instructions concerning the possible handling
of traffic?
e.17 What are the instructions concerning communications,
signals, etc?
e.18 How do you identify each other? Arm band, password,
insignia ,etc?
e.19 Make sure your plan avoid cross fires?
e.20 Do you have all the equipment you might need, such as
flashlights,
searchlights, vehicles, transceivers, loudspeakers, firearms,
teargas, etc.
e.21. Ask each participant to repeat his duties to the raid leader.
RAID OPERATION
= Coordination of individual efforts is an essential element in the
success of a raid. The aiding party should act as a team. The members of
the team must thoroughly understand the objectives, the plan of action
and the orders. Each man should hold his assigned position until his
orders are changed by the team leader. Before leaving the headquarters
to the target, the team leader must conduct a final briefing of personnel.
Assembly of the team at a designated area should not be too close to the
target, they must not show the appearance of a formal gathering. The
raiders vehicle must be safeguarded to prevent its use by the subjects.
Vehicles which belong to the subject should be rendered inoperative by
the simplest available means. Men should be posted, depending on the
number to cordon the area to prevent possible escape and restrain people
from wandering. In the event that the suspect fails to heed the warning to
surrender, entry must be made through one point to avoid mis-encounter.
Upon completion of the raid, guards should be designated to protect the
property and to observe or apprehend associates of the suspect.
Reassemble at a designated place for a final accounting of all members of
the raiding team.

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COORDINATION WITH THE LOCAL POLICE STATION


= It is imperative that immediately before the service of a search
warrant, the team leader should see to it that proper coordination is made
with the commander of the local police station having jurisdiction over the
target premises. The coordinating party will inform the local station that
their team is conducting an operation in their area. This gesture of
coordination is not only a manifestation of courtesy but also a safety
measure to avoid the possibility of a mistake encounter.
DONTS IN A RAID
1. Dont take unnecessary chances.
2. Dont underestimate the ability or courage of the subject.
3. Dont raid when not properly prepared.
4. Dont endanger the lives of bystanders.
5. Dont use raiders not well-acquainted with each other.
6. Dont forget gas masks when employing teargas.
7. Dont be unnecessary rough on the subject.
8. Dont shoot to kill unless very imperative.
9. Dont touch the evidence unless seen by witnesses, or by the owner or
occupant of the place.
DISPOSITION OF SEIZED ITEMS
1. The following will be seized at the scene of the raid:
a. Weapons which may be used against the raiding party.
b. Articles which might be used as a means of suicide.
c. Articles that might be used in escaping
d. Articles which might be used in the commission of the crime
e. Proceeds or fruits of the crime (stolen property)
DISPOSITION OF MONEY AND OTHER VALUABLE PROPERTY
a. Money should be counted and the serial number of bills noted
b. Valuables should be sealed in a property envelope in the
presence of the prisoner.
c. Property envelope should show a complete inventory of its
contents
d. The prisoner should initial the outside of the envelope showing
approval of its contents
e. Raiding officers should sign their names on the outer part of the
envelope
f. A receipt should be given to the prisoner. However, this is
qualified by the
decision of the Supreme Court declaring as inadmissible in
evidence mere possession of the items seized is punishable.
DISPOSITION OF ARTICLES NOT COVERED IN A SEARCH WARRANT
a. If the articles are illicit or contraband, the same must be seized
b. Such articles may be used as evidence to prosecute the person
c. Non-contraband articles must be returned to the owner or must
not be seized in the first place.
UNIT IV
THE CRIMINAL INVESTIGATOR AT TRIAL
The success or failure of a criminal prosecution is usually dependent
upon the evidence presented to the court. It is in the court, through the

51

prosecutor that the investigator must present the evidence which he is so


laboriously collected over a period of time.
A failure through ignorance of the law on evidence may lead to the
rejection of a vital piece of evidence in the court with the result that a
conviction cannot be sustained. The investigator must know that the
evidence lies at the heart of every judicial stems and their understanding
is necessary for an intelligent participation in the prosecution procedures.
1. PRE-TRIAL PREPARATION - Preparation for trial should begin from
the moment the crimes was discovered and continue right up until actual
court room testimony begin. Actually, the entire investigation of an
offense can be thought as a preparation for trial. If officers, viewed the
trial, rather than the arrest, as a natural conclusion of their efforts, there
would be a greater number of successful prosecutions. Pre trial
preparations lay the foundation for sound court room testimony.
STEPS IN PREPARING FOR TRIAL
As trial date approaches, the investigator must view the case filed
and determine whether the investigation is complete and ready for trial.
In making such evaluation, the investigator should pay particular
attention to the following items:
a. Proving each element of the offense. (Proof beyond reasonable doubt)
b. Rebutting obvious defenses. Furnish the prosecutor the proof which
would counter self-defense, accident, provocation which the accused may
be expected to raise.
c. Assembling the evidence. This includes actual physical objects as well
as confessions, search and other legal documents.
d. Coordinating witnesses. The investigator must ensure that each
witness can be located and will be able to appear at the time of trial.
Valid addresses should be obtained from each witness.
e. Assessing defendants character. The reputation character of the
defendant may become an issue at the trial if he testifies in his own
defense. Basic background date on the defendant should therefore be
compiled and made available for the prosecutor.
e.1 Any prior criminal record of the accused should be prepared.
e.2 In crimes against person, the victim and the defendants
reputation for violence should be procured.
f. Assessing the victims character. Victims own character may become
an issue, thus evidence concerning the victims general reputation for
truth and veracity should be thus gathered.
f.1 In homicide and assault trials, evidence concerning the victims
reputation for violence should be considered in the event that self-defense
is claimed by the accused.

52

f.2 In sexual assaults, the victims reputation or chastity or sexual


promiscuity is often raised by the defense and should therefore be
investigated.(e.g. an alleged rape victim with numerous past arrest for
prostitution).
g. Assessing the character of witnesses. The credibility of any witness is
likewise subject to attack on cross-examination, the investigator should
check arrest records convictions and otherwise assess whether a witness
might be considered because of bias, prejudice or unreliability.
2. CONFERENCE WITH PROSECUTOR - Several days before the trial,
the investigator should arrange a conference with the prosecutor. At this
meeting, issues and problems that might influence a successful
prosecution of the case should be discussed and the available proof is
given a comprehensive review. Investigators should tell the prosecutor
the weak points as well as the strong points in order to give him an
opportunity to equip himself for it.
3. THE INVESTIGATOR AS WITNESS - The function of any witness is to
present first hand knowledge of facts to the court for its consideration.
The investigator must inform the court of the matters investigated in the
case and present this information so that the jury understands the
sequence of events and their significance. Investigators may not offer
personal conclusions.
Investigators are often called upon to testify about matters to which
he has personal knowledge. In such case the investigator should be
aware of his appearance and demeanor.
APPEARANCE - the physical appearance of a witness clearly makes
an impression on the judge and the investigator should make sure that he
is positive one.
First impressions are important in many situations and the
courtroom is no exception.
a. Depending upon judicial and departmental policies, the
investigator may testify in his police uniform. If a uniform is not worn, the
investigator should use close polo, barong or a white conservative polo
shirt.
b. If the investigator is not in uniform, he should avoid police
trappings (such as handcuffs, jewelry with police logos)
c. Most courts do not permit even uniformed officers to wear their
side arms while testifying.
DEMEANOR - the investigator should strive for an impression of fairness
in his court demeanor. Basically, he should act as one interested only in
relating the facts of the case in a truthful manner since this is in fact his
duty in the case.
a. On witness stand. The investigator should step up to the stand
and permit himself to be sworn in. In sitting, he should assume a
comfortable but alert posture. He should give his full name, age, his
membership and rank in his department, and other personal
circumstances.

53

b. His testimony. It should be given slowly, audibly, and distinctly.


The court stenographer or steno typist should be given the opportunity to
hear and record every word because he should address his testimony to
the judge. He must play part of the impartial, conscientious public
servant endeavoring in his modest way to achieve the aims of justice. His
calm and forthright presentation must be designed to win over the judge
a belief in his honesty and integrity. This can be accomplished by the
following simple rules:
b.1. be confident and not cocky
b.2. do not lose ones temper
b.3. speak clearly
b.4. avoid the use of police jargons
b.5. avoid answers that will have a tendency to subject the suspect
for an offense, nor give an answer to degrade his character.
b.6. answer questions asked and avoid volunteering information.
b.7. Think before responding
b.8. Pause before answering to allow objection to be made by the
prosecutor, if any
b.9. If necessary, ask court permission to explain an answer
b.10. If unsure of the answer, ask permission to refer to
investigative notes
b.11. Avoid being made an expert witness, if not truly qualified
b.12. Maintain at all times an attitude of respect and do not engage
in sarcasm, witticism, or ridicule or even absurd questions would be
answered seriously and temperately.
4. TESTIFYING IN COURT = The police witness should condition and
train himself before taking the witness stand. He does this by proper
preparation and adjustment of his mental attitude. All conceivable tactics
are to be expected in the course of the trial. He must look good on the
witness stand.
Before assuming the witness stand to offer testimony into the
record, the investigator must have knowledge of the rules governing the
testimony. Only testimony that is relevant material, and competent will be
allowed into evidence.

54