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HANS GROSS a noted Criminologist, Austrian Jurist and Magistrate, once said that Criminal Investigation is; 95%
perspiration, 3% inspiration and 2% luck.
• Father of MODERN CRIMINALISTICS
• Considered as Father of Criminal Investigation
Historical Background of Criminal Investigation
1961 – US Supreme Court in case of Mapp vs. Ohio rules that “illegally obtained evidence is inadmissible”
1966 – Miranda vs. Arizona
1754 – History of Investigation started in England.
Bow Street Runners – First privately paid group to follow up investigation of crime in Paris, France.
1852 – First police Line – up in Boston was introduced.
INVESTIGATION – it is the process of inquiring, eliciting, soliciting and getting vital information/ facts/ circumstances
in order to establish the truth.
CRIMINAL INVESTIGATION - it is the collection of facts to establish the three-fold aim: a. to identify the guilty party
b. to locate the guilty party; c. to provide evidence of his (suspect) guilt
CRIME INVESTIGATOR – is a public safety officer who is tasked to conduct the investigation of all criminal cases as
provided for and embodied under the Revised Penal Code/ Criminal Laws and Special Laws which are criminal in
nature. A well-trained, disciplined and experienced professional in the field of criminal investigation duties and
responsibilities.
• He is an artist in his chosen field, who had his skills to produce the finest work of art by busting blank wall
cases.
• Criminal Investigators are the cream of the crop of the police organization. They are removed from the
stratum of the ordinary police man and they belong to the realm of police intellectuals, hence their selection
must be based not only on qualifications but competence and nothing less.
TRAINING
• The National Forensic Science Training Institute (NFSTI) –under the PPSC, is an institution that trains
uniformed personnel of the PNP to become a certified investigator.
• All investigator in any police unit must be a graduate of prescribed investigation course with a rank of at
least PO2.
QUALITIES OF A GOOD INVESTIGATOR
1. Perseverance
2. Intelligence
3. Honest
4. Understanding people and environment
5. Keen power of observation
6. Acting ability
7. Sense of justice and fair play
8. The power to read between the lines
Arrest – It is the taking of person into custody in order that he may bound to answer for the commission of an
offense.
How Made: 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.
VALID WARRANTLESS ARRESTS
1. When the person to be arrested has committed, is actually committing, or is about to commit an offense
in the presence of the arresting officer.
2. When an offense has in fact just been committed and the arresting officer has personal knowledge of
facts indicating that the person to be arrested has committed it.
3. 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 temporarily confined while his case is pending, or has escaped while being transferred
from one confinement to another.
PHASES OF INVESTIGATION
PHASE I: Identify the suspect/s through (1) confession; (2) eyewitness testimony; (3) circumstantial evidence; and
(4) associate evidence;
PHASE II: Locate and apprehend the suspect/s
PHASE III: Gather and provide evidence to establish the guilt of the accused.
In proving the guilt of the accused in court, the fact of the existence of the crime must be
established; the accused must be identified and associated with the crime scene; competent and credible witnesses
must be available; and the physical evidence must be appropriately identified. The investigator must know by heart
the elements of a specific crime.
INFORMATION - is the knowledge/ data gathered by the investigator from records and persons.
a) Regular Source- acquired from open sources, records, files
b) Cultivated Source- furnished by informants/ informer
c) Grapevine Source- coming from underworld characters such as prisoners or criminals
INTERVIEW - is a simple inquiry/ conversation-type elicitation of information from a willing victims/ witnesses
relevant to a certain crime/ incident/ event under investigation.
BASIC ASSUMPTIONS:
Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not
want to. Therefore, people will have to be persuaded, always within legal and ethical limits, to talk to law enforcers.
This makes interviewing an art.
Cognitive Interview – it is a technique in the conduct of interview upon will of witness and cooperative witness
where they are given full opportunity to narrate their accounts w/out interventions, interruption and interference
from the interviewer.
I.R.O.N.I.C FORMAT
IDENTITY – prior to the commencement of an interview, the investigator should identify himself to the
subject by name, rank and agency. Except when there is no need to know the officer’s identity.
RAPPORT - it is good to get the positive feeling of the subject towards the investigators, such friendly
atmosphere is a vital for both the subject and the investigator to have a better interaction.
OPENING STATEMENT – The investigator must have to indicate why the subject is being contracted.
NARRATION - The witness should be allowed to tell all he knows with little interruptions from the
investigator.
INQUIRY - after all information have been given by the subject, that is the time for the investigator to as
question to clarify him about the case under investigation.
CONCLUSIONS - After the interview, it is but proper to close the interview with outmost courtesy and
thanking the subject for his cooperation.
WITNESS – a person, other than a suspect, who is requested to give information concerning an incident. He may be
a victim, complainant, an accuser, a source of an information, custodian of physical evidence, etc. He is usually
interviewed but he can be interrogated when he is suspected of lying or withholding pertinent information.
Field Inquiry – is the general questioning of all persons at the crime scene conducted by the investigator.
SUBJECT – used most commonly represents the person whether witness or suspect who is being interviewed or
interrogated. He is not necessarily the subject of the case. If the term is used to refer to the subject of the case, the
distinction will be apparent from the phrasing and context.
INTERROGATION - is the skilful questioning of a hostile person suspecting of having committed an offense or a
person who is reluctant to make a full disclosure of information in his possession which is pertinent to the
investigation.
Purposes of Interrogation
1. To obtain confession to the crime
2. To induce the suspect to make admission
3. To learn the facts of the crime
4. To learn the identity of the accomplice
5. To develop information which will lead to the recovery of the fruits of the crime
6. To discover the details of other crimes participated by the suspect
7. Obtain all the facts to determine the method of operation and the circumstances of the
crime in question;
8. To gather information that enables investigators to arrive at logical conclusion.
Confession – is the declaration of an accused acknowledging his guilt of the offense charged. (sec. 33 rule 130 Rules
of Court)
Admission – it is an act, declaration or omission of a party as to a relevant fact. (sec. 26 rule 130)
Do not directly involved the acknowledgement of guilt in the commission of crimes for which he is
charged.
Classifications of Admission
Express – positive statement or act.
Implied – one which may be inferred from the declarations or acts of a person.
Judicial – made in the course of a judicial proceeding.
Extra-Judicial – made out of court
Custodial Investigation - any questioning initiated by law enforcement officers after the person has been taken into
custody or otherwise deprived of his freedom of action in any significant way.
INTERROGATION TECHNIQUES
Emotional Appeal
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 subject’s personality and decide what motivation would prompt him to tell the truth,
and then provide those motives through appropriate emotional appeals.
Sympathetic appeal
The suspect may feel the need for sympathy or friendship when he is apparently in trouble.
Gestures of friendship may win his cooperation.
Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind
and friendly manner.
Extenuation
The investigator indicates he does not consider his subject’s indiscretion a grave offense.
Shifting the blame
The interrogator makes clear his belief that the subject is obviously not the sort of person
who usually gets 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.
Bluff on a Split Pair
This is applicable when there are more than one suspect. The suspect are separated and one is informed
that other has talked.
Instrumentation
- It is the application of instruments and methods of physical science to the detection of crimes.
In cases where there are no significant physical evidence to be found, then the use of instrumentation is relatively
unimportant.
- It is the sum total of the application of all sciences in investigation known as criminalistics.
The police sciences involved:
1. Polygraph
2. Police Photography
3. Forensic Medicine
4. Forensic Chemistry-Toxicology
5. Forensic Ballistics
6. Dactyloscopy
7. Questioned Document Examination
8. Odontology
9. Forensic Psychology
10. Forensic Computer Technology
Confession
- It is the direct admission of guilt arising for the commission of a crime.
Admission
- Is a self-incriminatory statement by the subject falling short of an acknowledgement of guilt. It is an
acknowledgement of fact which guilt can be inferred. It implicates but does not incriminate.
EFFECTS OF CONFESSION
1. May be given in evidence against him in the investigation or trial of the offense with which he is charged;
and
2. Maybe given to prove the guilt of his companions but it will pass a lot of court argumentation and
debate.
Rules to be observed in taking confession
1. It must be in writing and under oath
2. Written in the language known and understood by the accused, if not it must be clearly translated
3. Freely and voluntary
4. Signed in the presence of competent and independent counsel chosen by the accused.
Circumstantial Evidence
- Evidence which goes to prove a fact or series of facts, other than the facts in issue, which, if proved, may
tend by inference to establish the fact in issue.
- Facts or circumstances from which, either alone or in connection with other facts, the identity of the
person can be inferred.
TYPES OF INFORMANTS
1. Anonymous- Do not wish to be identified
2. Rival elimination- to eliminate competition
3. False- reveals information of no value
4. Frightened- motivated by anxiety
5. Self-aggrandizing- hangs about the fringes of the criminals
6. Mercenary- gives information for a price
7. Double crosser- to get more information
8. Woman - most dangerous specie
9. Legitimate - operators of legitimate business
Motives of Informants
- Vanity
- Civic-mindedness
- Fear
- Repentance
- Avoidance of punishment
- Competition
- Revenge
- Jealousy
- Remuneration (money)
Surveillance - It is the secret observation of places, persons, and vehicles for the purpose of obtaining information
concerning the identities or activities of the subject.
Surveillant - is the person who maintains the surveillance
1. Surveillance of Place (fixed/ stake-out)
2. Tailing or Shadowing
3. Undercover investigation or Roping
Subject - the person or place being watched or surveyed
Tailing or Shadowing
- is the act of following a person, it depends on the number of surveillant available, volume of pedestrian
traffic and importance of concealing the surveillance.
Methods of Shadowing
a. One-Man – Extremely difficult and should be avoided, if unavoidable keep subject in view at all times.
b. Two-Man – Two agents are employed to follow the subject.
c. Three-Man Surveillance or ABC Method -The use of three officers reduces still further the risk of losing the
subject and affords greater security against detection or risk.
d. Leapfrog or Progressive Method - This is used in attempting to locate the hideout of a subject from a
vantage-point without moving after the subject. The following day the shadower/ agent takes up a watch
from the point at which the subject was last seen. Agents are stations at a fixed point assuming that the
subject followed the same general route each day.
e. Combined Foot-Auto Surveillance - Employment of surveillants on foot and agents in an automobile.
f. Open Shadow - Usually two men are used as shadower and their goal is to tail the subject in an obvious
manner of all time for the purpose of annoying and worrying the subject.
Undercover Investigation - is a form of investigation in which the investigator assumes a different and unofficial
identity in order to obtain information.
a. Undercover - an investigative technique in which the agent’s/investigators official identity is concealed to
accomplish an investigative mission.
b. Natural cover – using the individual’s true identity, occupation or profession.
c. Artificial cover – the manufacture of documents, false documents, passports, or forged documents.
CRIME SCENE INVESTIGATION - Is a comprehensive inquiry of a crime by conducting systematic procedure of various
investigative methodologies which involves recovery of physical and testimonial evidence for the purpose of
identifying the witnesses, and arrest of perpetrator(s) for prosecution. CSI shall technically commence upon the
arrival of the FRs and conclude with the lifting of the security cordon and release of the crime scene by the IOC;
Crime Scene - A venue or place where the alleged crime/incident/event has been committed.
Scene of the Crime Operation (SOCO) –is the conduct of processes, more particularly the recognition, search,
collection, handling, preservation and documentation of physical evidence
– A forensic procedure performed by the trained personnel of the PNP Crime Laboratory SOCO Team through
scientific methods of investigation for the purpose of preserving the crime scene, gathering information,
documentation, collection, and examination of all physical and other forensic evidence.
Crime Scene Investigation - it is the conduct of processes, more particularly the recognition, search, collection,
handling, preservation and documentation of physical evidence to include the identification and interview of
witnesses and the arrest of suspect at the crime scene.
First Responder (FR) - the very first person to arrive and respond at the crime scene.
– Are members of the PNP or other law enforcement agencies who are mandated and expected
to be the first to respond to calls for assistance in cases of incidents of crime. They generally refer to police officers
who have jurisdiction of the area where the incident or crime has taken place and will proceed to the crime scene
to render assistance to the victim and to protect and secure the incident scene.
SOCO Assistance
a. In cases where the crime scene needs special processing due to its significance or because of its sensational nature,
the Scene of the Crime Operation (SOCO) specialists of the Crime Laboratory shall be requested.
b. If the situation involves a clandestine drug laboratory, biological weapons, radiological or chemical threats, the
appropriate agency should be contacted prior to entering the scene.
PROCEDURES:
1. Upon Receipt of the Crime Incident Duty Desk Officer Shall:
a. Record the time it was reported;
b. Get the identity of the caller/complainant;
c. Get the place of incident;
d. Get the nature of incident;
e. Get the number of victims;
f. Record a brief synopsis of the incident;
g. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as first responder
equipped with police line to secure the place of incident a camera; and
h. Inform the duty investigator (1 team of investigators)
2. At the Crime Scene The First Responder Shall:
1. Cordon off crime scene with whatever available materials like ropes, straws, human barricade,
police line;
2. Evacuate injured persons to the nearest hospital;
3. Prepare to take the “dying declaration” of severely injured person, if any;
4. Prevent entry/exit of persons within the cordoned area; and
5. Prepare to brief the CSI Team Leader of the situation upon their arrival.
The four main tasks of the first officer on the scene are:
1. To give first aid;
2. To apprehend the suspected offender;
3. To protect and if necessary collect and preserve evidence; and
4. To cordon off and protect the area.
First Responder - Must be able to properly preserve the crime scene in order to get maximum scientific
information that will help in the successful prosecution of the perpetrator of the crime.
Crime Photographer
Sketcher
Evidence Custodian
Recorder
Driver and Security
Basic Equipment
Police line
Camera with extra film
Evidence collection kit
Video camera & tape recorder
Measuring devices
Flood lights, hand gloves, masks, eye goggles
Recording materials e.g. chalk bond paper, pencil, clipboard, pen.
Compass
The team leader upon arrival at the crime scene received the briefing from the FR and shall immediately
designate a command Post.
Command Post- an area which is ideally located adjacent to the Crime Scene where CSI, Evidence Custodian stays
and receives the pieces of evidence turned over to him for safekeeping by the other evidence collectors.
SKETCH - the graphic representation of the scene of the crime with complete measurements of the relative distances
of relevant object and conditions.
ELEMENTS OF SKETCH
1. Measurement – it should be accurate up to the last inches.
2. Compass direction – determine the NORTH location of the crime scene.
3. Essential items – necessary details.
4. Scale and proportion – scale of the drawing depends on the area of details to be shown and size of the
drawing.
5. Legend – refers to explanation of the diff. symbols found in the sketch.
6. Title – case id, scene portrayed, location, date and hour made, id of victim, name of sketcher.
TYPES OF MEASUREMENT
1. Triangulation method
2. Rectangular coordinates method
3. Baseline method
4. Compass point method
5. Cross projection method
TRIANGULATION METHOD- An object is located by drawing two straight lines from two fixed points creating a
triangle; the object is in an angle formed by the line. Sketching method that requires measuring the distance of an
object along a straight line from two widely separated fixed reference points.
RECTANGULAR METHOD – This method uses two walls in a room as fixed points, from which distances are measured
at right angle to the object.
BASELINE OR COORDINATE METHOD - A sketching method that makes measurements along from a single reference
line called a baseline, which can be established by using a length of string, chalk line, or some other convenient
means.
COMPASS POINT METHOD – A sketching method that requires a protractor or some method of measuring angles
between two lines. One point is selected as the origin and a line extending from the origin becomes an axis from
which the angles can be measured.
CROSS PROJECTION METHOD - A sketching method in which the ceiling appears to open up like a lid of hinged box,
with the four walls opening outward. Measurements are then indicated from a point on the floor to the wall.
CRIME SCENE SEARCH - A crime scene search could only be started after it has been photograph and sketched. The
search for physical evidence is done using the accepted methods of search depending upon the actual location to
be searched.
Strip or Line Search - 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 and the search proceeds at a given signal.
At the end of the rectangle, the searchers turn and proceed along new lanes.
Grid or Double Strip - The double strip or grid method of search is a modification of the Strip Search Method. Here,
the rectangle is traversed first parallel to the base then parallel to a side.
Spiral Search - In this method, the three searchers follow each other along the path of a spiral, beginning on the
outside and spiralling in toward the center.
Quadrant or Zone Search - In this method, one searcher is assigned to each subdivision of a quadrant, and then each
quadrant is cut into another set of quadrants.
Wheel or Pie Search - In this method of search, the area is considered to be approximately circular. The searchers
gather 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 searcher departs from the center.
CHAIN OF CUSTODY
- It is the number of persons who handled and possessed the pieces of evidence the moment they were collected,
marked and tagged up to the time of final disposition of the case. This should minimized as much as possible.
Proper Handling, Collection and Preservation of Evidence Biological Evidence for DNA Analysis Introduction
- DNA examination of recovered pieces of evidence will surely lead to the conviction of the perpetrator of a
crime of violence if the following critical points are strictly observed:
- Documentation of Physical Evidence at the Crime Scene- if the recovered pieces of physical evidence are
not properly documented, its origin can be questioned.
- No physical evidence shall be moved until its original condition and position have been recorded by note,
photograph, and videotape and sketching.
- Proper Collection of Evidence for Examination- evidence that could be subjected for DNA analysis is
generally limited to substances that are biological in nature.
- It should be remembered that not all biological materials submitted to the DNA Forensic laboratory will
provide sufficient DNA for analysis. Likewise, the biological activity of the evidence will be lost if not properly
collected.
Preservation - biological specimens which, are not properly preserved will decomposed and deteriorate. This will
seriously affect the outcome of the DNA typing.
Marking of Evidence – for purpose of identification.
Individual Packaging and Sealing - improper packaging will possibly cause cross contamination. Substitution or
switching of evidence is also possible.
Proper Chain of Custody - the different persons responsible for the custody of the evidence from the time of
collection up to the time the evidence reaches the court on critical in a successful prosecution of a criminal case.
The capability of a Forensic DNA laboratory to provide maximum scientific information will highly depend on the
condition of the biological evidence submitted for analysis.
GATHERING of Evidence
1. Liquid Blood Samples
- Blood extraction from a person should be done by a qualified medical practitioner
- Five (5) cc of blood should be collected with an eyedropper or syringe and
placed in a sterile test tube.
- No preservatives or anticoagulants should be added
- Liquid blood should never be frozen
- use cotton swabs or gauze if there is small amount of blood, air-dried at room temperature and
placed in an envelope, test tube or some other sterile container.
Five (5) cc of blood should be collected in another container with EDTA as an anti- coagulant and kept in the
refrigerator prior to submission to the DNA laboratory.
- Wet bloodstains on movable objects should first be air- dried before they are sent to the DNA
laboratory for analysis.
- Wet blood stains on immovable large object should be rubbed or wipe it with clean cotton cloth
or gauze and allowed to air dry before putting it inside a paper bag.
- Collected liquid Blood Samples from the Crime Scene must be refrigerated only and submitted to the
forensic DNA laboratory as soon as possible.
- Label the specimen with the case number, time and date of collection, location as well as the initials of the
evidence collector.
- Each cutting should be labeled accordingly and individually packed and sealed.
- Collect an unstained portion of the item to serve as control.
2. Dry blood
- When thoroughly dried, each item should be placed in separate paper bags, properly labeled and sealed.
- Small movable objects with dried blood stains should be separately collected, labeled, packaged and sealed
prior to its submission to the DNA laboratory.
- Dried bloodstains on big movable objects like carpets, upholstery and the like can be collected by cutting a
bloodstained portion with a sharp instrument.
- Dried blood spatters on immovable surface can be lifted from its surface using a fingerprint tape. Each tape
should be packaged and labeled properly.
- Dried bloodstains on large immovable objects should be scrapped off and placed in a clean paper packet.
- The packet is then placed in a paper envelope, which is sealed and properly labeled prior to the immediate
submission to the laboratory
- Dried bloodstains are removed from painted surfaces of motor vehicles by scraping them off using a sharp
instrument. Collect control samples.
- A swab or gauze pad moistened with distilled water can be used on stains which can be scraped or otherwise
removed.