Special

Crime
Investigation

PCPT Kristopher Niel M Nono

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INTRODUCTION
It is too bad we cannot just provide you with a basic template to follow every time
you needed to conduct a criminal investigation; but it is not that simple. Criminal
investigations can be imprecise undertakings, often performed in reaction to
unpredictable and still-evolving events with incomplete information to guide the
process. As such, it is impossible to teach or learn a precise methodology that can
be applied in every case. Still, there are important concepts, legal rules, and
processes that must be respected in every investigation. This book outlines these
concepts, rules, and processes with the goal of providing practical tools to ensure
successful investigative processes and investigative practices. Most importantly, this
book informs you on how to approach the investigative process using “investigative
thinking.” In this first chapter, we set the foundation for the book by calling attention
to five important topics:

1. Criminal investigation as a thinking process

2. The need to think through the process
3. Towards modern-day investigation
4. The path to becoming an investigator
5. Understanding the investigative mind

Criminal Investigation as a Thinking Process

Criminal investigation is a multi-faceted, problem-solving challenge. Arriving at

the scene of a crime, an officer is often required to rapidly make critical decisions,
sometimes involving life and death, based on limited information in a dynamic
environment of active and still evolving events. After a criminal event is over, the
investigator is expected to preserve the crime scene, collect the evidence, and
devise an investigative plan that will lead to the forming of reasonable grounds to
identify and arrest the person or persons responsible for the crime. To meet these
challenges, police investigators, through training and experience, learn investigative
processes to develop investigative plans and prioritize responses.

In this module, these investigative responses, information analyses, and plan-

making skills are broken out using illustrations of both tactical and strategic
investigative thinking. The aim of the module is to guide you into the structured
practices of tactical investigative response and strategic investigative thinking.

Criminal investigation is not just a set of task skills, it is equally a set of

thinking skills. To become an effective investigator, these skills need to be
consciously understood and developed to the point where they are deliberately
engaged to work through the problem-solving process that is criminal investigation.
Trained thinking and response can be difficult to adapt into our personal repertoires
because we are all conditioned to be much less formal and less evidence driven in
our everyday thinking. Still, as human beings, we are all born investigators of sorts.
As Taber (2006) pointed out in his book, Beyond Constructivism, people constantly
construct knowledge, and, in our daily lives, we function in a perpetual state of

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assessing the information that is presented to us. Interpreting the perceptions of
what we see and what we hear allows us reach conclusions about the world around
us (Taber, 2006). Some people are critically analytical and want to see evidence to
confirm their beliefs, while others are prepared to accept information at face value
until they are presented facts that disprove their previously held beliefs. Either
strategy is generally acceptable for ordinary people in their everyday lives.

The Need to Think Through the Process

Diametrically opposing the analysis processes of everyday people, in the role

of a police investigator, the process of discovering, interpreting, and determining the
validity of information is different and this difference is critical. As an investigator, it is
no longer sufficient to use the strategies that ordinary people use every day. Instead,
it is incumbent on investigators to critically assess all the information they encounter
because every investigation is an accountable process in which the investigator is
not just making a determination about the validity and truth of the information for
personal confirmation of a belief. Rather, the police investigator is responsible and
empowered under the law to make determinations that could significantly affect the
lives of those being investigated as well as the victims of crime.

The investigator’s interpretation of information and evidence commonly

requires answers to many questions that can lead critical of decisions, actions, and
outcomes, such as:

 What must be done to protect the life and safety of persons?

 Should force, up to and including deadly force, be used to resolve a situation?
 Who will become the focus or subject of a criminal investigation?
 What is the best plan to apprehend the person or persons responsible for a
criminal act?
 Will someone be subjected to a search of their person or of their home?
 Will someone be subjected to detention or arrest and questioning for a
criminal act?
 Will someone have a criminal charge sworn against them?
 Will someone be subjected to a criminal trial?
 Will someone’s liberty as a free person be at risk?
 Will justice be served?
 Will the community be protected?

Significant to these possible outcomes, the investigator must always be ready

to explain their thinking and actions to the court. For example, when an investigator
is asked by a court, “How did you reach that conclusion to take your chosen course
of action?” an investigator must be able to articulate their thinking process and lay
out the facts and evidence that were considered to reach their conclusions and form
the reasonable grounds for their actions and their investigative decision-making
process. For an investigator speaking to the court, this process needs to be clear

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and validated through the articulation of evidence-based thinking and legally
justifiable action. Thinking must illustrate an evidence-based path to forming
reasonable grounds for belief and subsequent action. Thinking must also
demonstrate consideration of the statutory law and case law relevant to the matter
being investigated.

Considering this accountability to outcomes, it is essential for police investigators to

have both the task skills and the thinking skills to collect and analyze evidence at a
level that will be acceptable to the criminal justice system. Investigation is the
collection and analysis of evidence. To be acceptable to the court, it must be done in
a structured way that abides by the legal rules and the appropriate processes of
evidence collection. Additionally, it must be a process the investigator has
documented and can recall and articulate in detail to demonstrate the validity of the
investigation.

Obviously, it is not possible for someone to remain in a constant state of vigilance

where they are always critically assessing, documenting, and determining the validity
of every piece of information they encounter. However, when on duty, it is frequently
necessary for a police investigator to do this. For a police investigator, this needs to
be a conscious process of being mentally engaged and “switched on” to a more
vigilant level of information collection, assessment, and validation while on duty. A
police investigator must master this higher and more accountable level of analytical
thinking for both tactical and strategic investigative response. The “switched on”
police investigator must:

 Respond appropriately to situations where they must protect the life and
safety of persons
 Gather the maximum available evidence and information from people and
locations
 Recognize the possible offence or offences being depicted by the fact pattern
 Preserve and document all evidence and information
 Critically analyze all available information and evidence
 Develop an effective investigative plan
 Strategically act by developing reasonable grounds to either identify and
arrest those responsible for criminal acts, or to eliminate those who are
wrongfully suspected

Most traditional police training provides new officers with many hours of instruction in
the task skills of investigation. However, the learning of investigative thinking skills is
expected to develop through field experience, learning from mistakes, and on the job
mentoring. This learning does not always happen effectively, and the public
expectations of the justice system are evolving in a model where there is little
tolerance for a mistake-based learning.

The criminal investigation of serious crimes has always drawn a substantial level of
interest, concern, and even apprehensive fascination from the public, the media, and
the justice system. Police actions and investigations have been chronicled and
dissected by commissions of inquiry and the media. From the crimes of the serial
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killers like Paul Bernardo (Campbell, 1996), and Robert Pickton (Oppal, 2013) to the
historical wrongful convictions of David Milgaard (MacCallum, 2008) and Guy Paul
Morin (Kaufman, 1998), true life crimes are scrutinized and the investigations of
those crimes are examined and critically assessed.

When critiquing past investigations, the same types of questions are frequently
asked:

 Is it possible that the wrong person was arrested or convicted?

 Is it possible that other persons were involved?
 Were all the possible suspects properly eliminated?
 Was information properly shared among police agencies?
 Did the investigators miss something?
 Was all the evidence found?
 Was the evidence properly interpreted?
 Were the investigative theories properly developed and followed to the correct
conclusion?
 Was tunnel vision happening and misdirecting the investigation?

Today, transparency throughout the criminal justice system and public disclosure of
evidence through investigative media reports make it much easier for the public and
the media to examine the investigative process. Public and media access to
information about police investigative techniques and forensic tools has created an
audience that is more familiar and sophisticated about police work. The ability of
both social and traditional media to allow public debate has created a societal
awareness where a higher standard for the investigation of serious crimes is now an
expectation.

One only needs to look at the historical and contemporary judicial reviews and public
inquiries to appreciate that there is an expectation for police investigators and police
organizations to maintain and demonstrate a high level of competency. In a judicial
review, it is often too late if an investigator discovers that they have pursued the
wrong theory or they have failed to analyze a piece of critical information or
evidence. These situations can be career-altering or even career-ending. A good
investigator needs to be conscious of his or her-own thinking, and that thinking
needs to be an intentional process.

Towards Modern-Day Investigation

Today, criminal investigation is a broad term encompassing a wide range of

specialties that aim to determine how events occurred, and to establish an evidence-
based fact pattern to prove the guilt or innocence of an accused person in a criminal
event. In some cases, where a person is found committing the criminal act and
apprehended at the scene, the criminal investigation is not a complex undertaking.
However, in cases where the criminal event is discovered after the fact, or when the

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culprit is not readily apparent, the process of criminal investigation becomes more
complex and protracted.

Although in both cases the criminal investigator must follow practices of identifying,
collecting, recording, and preserving evidence; in the case of the unknown suspect,
additional thinking skills of analysis, theory development, and validation of facts must
be put to work.

The craft of criminal investigation has been evolving since the birth of modern
policing in the mid-1700s when the Chief Magistrate of Bow Street, Henry Fielding,
organized a group of volunteer plainclothes citizens and tasked them to attend the
scenes of criminal events and investigate crimes. This group became known as the
Bow Street Runners. Their existence speaks to an early recognition that attending a
crime scene to gather information was a timely and effective strategy to discover the
truth of what happened (Hitchcock, 2015).

From these early investigators, one of the first significant cases using forensic
evidence-based investigation was recorded. To summarize the account by McCrery
(2013) in his book Silent Witness; in one notable recorded case in 1784, the Bow
Street Runners removed a torn piece of paper wadding from a bullet wound in the
head of a murder victim who had been shot at point-blank range. In this early era of
firearms, flintlock muskets and pistols required muzzle loading. To muzzle load a
weapon, gunpowder would be poured down the barrel of the weapon, and then a
piece of “wadding paper” would be tamped into place on top of the gunpowder using
a long metal rod. The wadding paper used in this loading process was merely a
piece of thick dry paper, usually torn from a larger sheet of paper kept by the shooter
to reload again for the next shot. The musket ball bullet would be pushed down the
barrel on top of the wadding paper. When the gun was fired, the wadding paper
would be expelled by the exploding gunpowder, thus pushing the lead ball-bullet out
of the barrel as a deadly projectile. This loading process required the shooter to be in
possession of dry gunpowder, wadding paper, and musket balls to reload and make
the weapon ready to fire. The Bow Street Runners considered this weapon loading
practice and knew their shooter might be in possession of wadding paper. Upon
searching their prime suspect, they did find him in possession of that kind of paper
and, in a clever forensic innovation for their time, they physically matched the torn
edges of wadding paper found in the victim’s wound to a larger sheet of wadding
paper found in the pocket of their suspect. From this evidence, the accused was
convicted of murder (McCrery, 2013).

This use of forensic physical matching is an example of circumstantial forensic

evidence being used to link a suspect to an offence. This type of early forensic
evidence also illustrates the beginnings of what exists today as a broad variety of
forensic sciences to aid investigators in the development of evidence. This is also
the beginning of forensic evidence being recognized as an investigative tool. In
1892, not long after the Bow Street Runners investigation, Sir Francis Galton
published his book on the study of fingerprints. In 1900, Galton’s work was used by
Sir William Henry who developed and implemented the Henry System of fingerprint
classification, which is the basis of the fingerprint classifications system still in use
today (Henry, 1900).

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Only a few years earlier, in 1886, the use of photography for the first Rogues Gallery
of criminal photographs was implemented by the New York City Police Department.
This first Rogues Gallery was an organized collection of photographs of known
criminals taken at the time of their most recent conviction for a crime (Byrnes, 2015).
Prior to this organized collection of criminal photos, facial characteristics on wanted
posters had been limited to sketch artists’ renderings. With the advances evolving in
photography, having the ability to preserve an actual picture of the suspect’s face
amounted to a significant leap forward. With this innovation of photography, the use
of mugshots and photographic identification of suspects through facial recognition
began to evolve.

These early forensic innovations in the evolution of criminal investigation (such as

physical matching, fingerprint identification, and facial recognition systems)
demonstrate a need for investigators to develop the knowledge and skills to locate
and utilize physical evidence that enables circumstantial links between people,
places, and events to prove the facts of criminal cases. Physical evidence is the
buried treasure for criminal investigators. Physical evidence can be collected,
preserved, analyzed, and used in court to establish a fact. Physical evidence can be
used to connect an accused to their victim or used at a crime scene to establish guilt
or innocence. Forensic evidence may prove a point in fact that confirms or
contradicts the alibi of an accused, or one that corroborates or contradicts the
testimony of a witness.

Another significant development in forensic evidence from the 1800s started with the
work of French criminal investigator Alphonse Bertillon who developed the Bertillon
system of recording measurements of physical evidence (Petherick, 2010). One of
Bertillon’s students, Dr. Edmond Locard, a medical doctor during the First World
War, went on to further Bertillon’s work with his own theory that a person always
leaves some trace of themselves at a crime scene and always takes some trace of
the crime scene with them when they leave. This theory became known as “Locard’s
Exchange Theory” (Petherick, 2010). To this day, Locard’s theory forms the
foundational concepts of evidence transfer theory.

Today, the ability of forensic experts to identify suspects and to examine physical
evidence has increased exponentially when compared to early policing. Scientific
discoveries in a wide range of disciplines have contributed to the development and
evolution of forensic specialities in physical matching, chemical analysis, fingerprints,
barefoot morphology, odontology, toxicology, ballistics, hair and fibre, biometric
analysis, entomology, and, most recently, DNA analysis.

Many of these forensic science specialties require years of training and practice by
the practitioner to develop the necessary level of expertise whereby the courts will
accept the evidence of comparisons and subsequent expert conclusions. Obviously,
it is not possible for a modern-day investigator to become a proficient practitioner in
all of these specialties. However, the modern-day investigator must strive to be a
forensic resource generalist with an understanding of the tools available and must be
specialist in the deployment of those tools to build the forensic case.

In a criminal investigation, there is often a multitude competing possibilities guiding

the theory development of how a criminal incident occurred with circumstantial links
pointing to who committed the crime. Competing theories and possibilities need to be

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examined and evaluated against the existing facts and physical evidence. Ultimately,
only strong circumstantial evidence in the form of physical exhibits, testimony from
credible witnesses, or a confession from the accused may satisfy the court beyond a
reasonable doubt. Critically, the quality of an investigation and the competency of the
investigators will be demonstrated through the manner in which that evidence was
located, preserved, analyzed, interpreted, and presented.

In the past, police officers generally took their primary roles as first responders and
keepers of the peace. Criminal investigation was only a limited component of those
duties. Now, given the accessibility to a wide range of effective forensic tools, any
police officer, regardless of their assignment, could find themselves presented with a
scenario that requires some degree of investigative skill. The expectation of police
investigators is that they be well-trained with the knowledge and skills to respond
and investigate crime. These skills will include:

 Critical Incident Response

 Interpretation of criminal law and offence recognition
 Crime scene management
 Evidence identification and preservation
 Engaging forensic tools for evidence analysis
 Witness assessment and interviewing
 Suspect questioning and interrogation
 Case preparation and documentation
 Evidence presentation in court

In addition to these task skills of process and practice, investigators must also have
strategic analytical thinking skills for risk assessment and effective incident
response. They must have the ability to apply deductive, inductive, and quantitative
reasoning to examine evidence and form reasonable grounds to identify and arrest
suspects.

Engaging these higher-level thinking skills is the measure of expertise and

professionalism for investigators. As our current justice system continues to change
and evolve, it relies more and more on information technology and forensic science.
With this evolution, the need for investigators to demonstrate higher levels of
expertise will continue to grow.

The Path to Becoming an Investigator

For many people, their idea of what an investigator does is based on what they see,
hear, and read in the media, movies, TV, and books. These depictions characterize
personas ranging from dysfunctional violent rebels fighting for justice by their own
rules, to by-the-book forensic investigators who get the job done clinically using
advanced science and technology. The truth is, good investigation and real-life
investigators are unlikely to make a captivating fictional script. Professional
investigators and competent investigation is about the tedious processes of fact-

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finding and sorting through evidence and information. It is about eliminating
possibilities, validating events, and recording evidence, all the while engaging in an
intentional process of thinking, analyzing, and strategically working towards
predetermined goals; not to mention extensive note taking and report writing.

Sometimes, new police investigators are, at first, deluded by fictional

representations, only to find out, by experience, that the real job, although having
moments of action, satisfaction, and excitement, is more about hard work and
deliberate attention to detail.

Another common misnomer about the job is the conception that investigation is the
exclusive domain of a police officer. Although this may have been true in the earlier
evolution of the investigative craft, it has become much less the case today. This
change is a result of the enactment of many regulatory compliance statutes that
require investigative knowledge, skills, and thinking. Compliance investigators
maintain adherence to regulated activities which often involve legal compliance for
industries where non-compliance can pose significant risks that threaten the lives
and safety of people or the environment. These regulated activities are often
responsibilities of the highest order. What starts as a regulatory violation can
escalate into criminal conduct. The investigative skills of compliance investigators
and inspectors must be capable of meeting the same tests of competency as the
police.

Not just anyone can become an investigator. There are certain personal traits that
tend to be found in good investigators. Among these traits are:

 Being passionate about following the facts to discover the truth, with a goal of
contributing to the process of justice
 Being detail-oriented and observant of the facts and the timelines of events
 Being a flexible thinker, avoiding tunnel vision, and being capable of
concurrently examining alternate theories while objectively using evidence as
the measure to confirm or disconfirm validity of theories
 Being patient and capable of maintaining a long-term commitment to reaching
a conclusion
 Being tenacious and not allowing setbacks and false leads to deter continued
efforts
 Being knowledgeable and skilled at the tasks, process, and procedure while
respecting legal authorities and the limitations to take action
 Being self-aware of bias and intuitive responses, and seeking evidence to
support gut-feelings
 Being trained in the processes of critical thinking that provide reliable analysis
of evidence that can later be described and articulated in reports and court
testimony

Considering this list of traits, we can appreciate that good investigators are people
with particular attitudes, aptitudes, and intentional thinking processes. These traits all
form part of the investigative mindset. Although you cannot teach someone to be

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passionate about discovering the truth, anyone who has these traits can work
towards developing and refining their other traits and skills to become an
investigator. Developing the mindset is a learning journey, and the first step of this
journey is to become intentionally aware of and engaged in your own thinking
processes.

Toward this point, the investigator must always be mindful of the proposition of Shah
and Oppenheimer (2008) in their book Heuristics Made Easy: An Effort Reduction
Framework. Shah and Opprenheimer remind us that people have learned to become
quick thinkers using mental short cuts, known as heuristics, in an effort to make
decisions quickly and problem solve the challenges we encounter. They offer the
proposition that heuristics reduce work in decision-making by giving the user the
ability to scrutinize a few signals and/or alternative choices in decision-making, thus
diminishing the work of retrieving and storing information in memory. This
streamlines the decision-making process by reducing the amount of integrated
information necessary in making the choice or passing judgment (Shah, 2008).

In this book, we will point out that these heuristic shortcuts are often instinctive or
intuitive reactions, as opposed to well-reasoned, evidence-based responses.
Although they may serve us well in our everyday thinking, they must be monitored
and recognized for their short-falls when we are required to investigate matters
where the outcomes are critical.

To achieve the investigative mindset and be an objective investigator, it is important

to be aware of the heuristic shortcuts and other negative investigative tendencies
that can become obstacles to successful outcomes. For example, a good
investigator needs to be focused on the objective of solving the case and making an
arrest in a timely manner, but becoming too focused can lead to “tunnel vision,”
which is the single-minded focus on a favorite suspect or theory to the extent that
other suspects or alternate theories are ignored. Moreover, a good investigator
needs to take responsibility and be accountable for the outcomes of the
investigation; however, taken to the extreme, this can lead to an investigator taking
complete ownership of the investigation to the exclusion of allowing the ideas of
others to provide guidance and influence. Finally, a good investigator needs to be
careful about how much information is shared with others. However, excessive
secrecy can inhibit information sharing with those who might contribute to the
successful conclusion of the case.

Thinking as an objective investigator, it is often necessary to consider and evaluate

several competing theories or possibilities of how a crime was committed and who
the suspect may be. Often, new investigators, or those uninitiated to the objective
mindset, will focus on a favorite theory of events or a favorite suspect, and rush to be
first to reach the conclusion and to make the arrest. There is a trap in shortcuts and
the focused rush to make a fast arrest. In this trap, other viable suspects and
theories are too quickly ignored or discarded. This sometimes leads to investigations
being derailed by “tunnel vision.” Worse yet, tunnel vision can lead to the
misinterpretation of evidence, ultimately leading to charges against an innocent
person, while the guilty remain undiscovered.

To summarize the observations made by Kim Rossmo (2009) in his book on criminal
investigative failures, tunnel vision and lost objectivity have been part of the findings

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in many public inquiries. Commissioners at public inquiries have concluded that, at
times, investigators relentlessly pursue a favorite suspect. Sometimes an alternate
suspect should have been apparent, or exculpatory evidence was present that
should have caused the investigators to stop and re-evaluate their favorite suspect,
but tunnel vision had set in and the objective investigative mindset had been lost
(Rossmo, 2009).

Similarly, and not totally unrelated to tunnel vision, other negative thinking responses
also come into play, and can be observed in the behaviors of case ownership and
excessive secrecy. It may seem that an investigator taking ownership for his or her
investigation, and maintaining some degree of secrecy in the management of case
related information, is completely acceptable and perhaps even desirable. However,
as happens with any human behavior, it can negatively influence the outcome of
investigations. Information appropriately shared with the right people can often
reveal connections that contribute to the evidence of a case, and investigators must
remain open to this appropriate sharing. Many negative examples can be found
where a police investigator, or even an investigative team, adopted the attitude that
the conduct of an investigation is their own exclusive domain (Campbell, 1996). With
that exclusive ownership, no one else is entitled or allowed to participate, and
relevant information that needs to be shared with others can be jealously guarded.
Opportunities are missed for other investigators to see details that could connect a
similar fact pattern or make the connection to a viable suspect.

Understanding the Investigative Mindset

When we talk about the investigative mindset, in part, we are talking about the
self-awareness and the organizational-awareness to avoid negative outcomes. Once
learned and practiced, this awareness can be a safety net against destructive
investigative practices (i.e. tunnel vision, case ownership, and excessive secrecy).
Criminal investigation can require complex thinking where the investigator must
assess and determine the validity of information and evidence to guide the
investigative process. This thinking strives to move from a position of mere suspicion
to one of reasonable grounds for belief to make an arrest and ultimately articulate
evidence upon which the court can make a finding of guilt beyond a reasonable
doubt. This is a conscious process of gathering and recording information, and
thinking analytically to form reasonable grounds for belief supporting defendable
actions of arrest and charges. From this conscious process, the investigator in court
can articulate a mental map to describe how they derived their conclusions.

As we proceed towards learning the investigative thinking process, keep in mind

that:

 Investigative thinking is disciplined thinking, and investigators must be

consciously aware of and consciously in control of their own thinking
 This is a process of being intentionally engaged at a high level of analytical
thinking
 This thinking process is strategically focused, prioritizing investigative plans
and actions to achieve outcomes

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  Developing a mental map, the investigator deliberately selects a path of the
investigation will follow. He or she travels that path with the knowledge that
the outcomes of the investigation will only be accepted by the court if the
rationale for the path taken can be recalled accurately and articulated in detail

Module 1 “CRIME SCENE”

1. What is crime scene?

*A crime scene is any physical scene, anywhere, that may provide potential
evidence to an investigator. It may include a person’s body, any type of building,
vehicles, places in the open air or objects found at those locations. “Crime scene
examination” therefore refers to an examination where forensic or scientific
techniques are used to preserve and gather physical evidence of a crime.
*A venue or place where the alleged crime/incident/event has been
committed.
(PNP INVESTIGATION MANUAL 2011)

2. Why do we protect the crime scene?

*The most important aspect of evidence collection and preservation is

protecting the crime scene. This is to keep the pertinent evidence uncontaminated
until it can be recorded and collected. The successful prosecution of a case can
hinges on the state of the physical evidence at the time it is collected. The
protection of the scene begins with the arrival of the first police officer at the scene
and ends when the scene is released from police custody.
By: George Schiro/ Forensic Scientist Louisiana State Police Crime Laboratory

3. What is crime scene investigation?

A. 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/s at the crime scene.

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4. What are the duties of first responder?
(FIELD MANUAL ON INVESTIGATION OF CRIMES OF VIOLENCE AND OTHER CRIMES 2011)

FIRST RESPONDER
The four main tasks of the first officer on the scene are:
 To give first aid;

 To apprehend the suspected offender;

 To protect and if necessary, collect and preserve evidence; and
 To cordon off and protect the area.

First Officer on The Scene

a. Give first aid. Immediately request for assistance from medical experts.
b. Decide whether a crime has been committed.
c. Apprehend the suspected offender. Take into account possible entry points,
route of escape or hiding place of perpetrator.
d. Write down the names of all the persons at the crime scene and where they can
be contacted in the next few hours. Remove them from the scene.
e. Do not let anyone enter the crime scene area. This applies to police officers too
unless they have some special reason for being there. Exception: First aid
measures.
f. Inform the police officer responsible for deciding (COP/PD) on who is to carry out
the investigation and call-in reinforcements to the scene.
g. If shots have been fired, secure any evidence of primer particles (gunpowder
residue) on the hands.
h. If any person has been taken to hospital, see to it that a police officer is sent to
the hospital to take the necessary measures.
i. Cordon off a sufficiently large area around the crime scene while waiting for
reinforcements.
j. Protect the crime scene from alteration.
k. Make a note of the measures that are taken and the persons who enter the crime
scene. Also make a note of the times of important events and observations.
l. Photograph and if appropriate video records the crime scene and the adjacent
area, including people hanging around the scene.
m. The First Responder shall be responsible for the control of the crime scene until
the arrival of the designated investigator-on-case who shall thereafter assume
responsibility of the crime scene.
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CRIMINAL INVESTIGATION MANUAL REVISED 2011

Protocol 4: Duties of the First Responder

a. Proceed to the crime scene to validate the information received;

b. Record the exact time of arrival and all pertinent data regarding the
incident in his issued pocket notebook and notify the TOC;

c. Cordon off the area and secure the crime scene with a police line or
whatever available material like ropes, straws or human as barricade to preserve its
integrity;

d. Check whether the situation still poses imminent danger and call for
back up if necessary;

e. Identify possible witnesses and conduct preliminary interview and ensure

their availability for the incoming investigator-on-case;

f. Arrest the suspect/s if around or in instances wherein the suspect/s is

fleeing, make appropriate notification for dragnet operations;

g. Prepare to take the “Dying Declaration” of severely injured persons with

the following requisites:
1. That death is imminent and the declarant is conscious of that fact;
2. That the declaration refers to the cause and surrounding
circumstances of such death;
3. That the declaration relates to facts which the victim is competent to
testify to; and
4. That the declaration is offered in a case wherein the declarant‟s
death is the subject of the inquiry. (Section 37, Rule 130 of the
Rules of Court).

h. Evacuate the wounded to the nearest hospital using emergency services;

i. Account for the killed, wounded and arrested persons for proper
disposition;

j. Conduct initial investigation; and

k. Brief the investigator-on-case upon arrival and turn over the crime scene.

l. Conduct inventory on the evidence taken at the crime scene; Inventory

receipt should be properly signed by the first responder, SOCO and the investigator.

5. What are the duties and responsibilities of the Investigating Team?

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 a. Take full control of the crime scene to include the conduct of crime
scene search; taking of photographs; making sketches; lifting of fingerprints;
markings of physical evidence; (Chain of custody) the transmittal of evidence to
crime laboratory; interview of witnesses; gathering and evaluation of evidence;
follow-up of the case and the documentation and filing of appropriate charges in
court.

b. Establish a command post in the immediate vicinity of the crime scene;

c. Designate a holding area in the immediate vicinity of the crime scene (for
the media, VIP‟s and other personalities present);

d. Conduct case conference with the first responder, SOCO, other law
enforcers and rescue personnel;

e. Note any secondary crime scene (if situation requires); and f. Release
the crime scene after investigation.

6. What is the use of photography in crime investigation?

A. Identification of the subject

We produce pictorial record of everything regarding the crime to include the
nearby surroundings. It is always better to take too many photographs than too
few then select the best. It is useful in personal identification as well as in the
identification of missing person, identification of stolen and lost properties .
Mug shot photography is taken on suspect for identification that shows the
following angle:

1. Frontal whole body, from head to foot with height scale behind. (could
be with case number and name included)
2. Frontal half body, head to elbow.
3. Half body right side, head to elbow.
4. Half body left side, head to elbow.
5. Left Quarter view (half body-head to elbow)
6. Right Quarter view (half body-head to elbow)

B. Preservation of evidence
Preserve from necessary handling which might cause the evidence to
deteriorate or otherwise become altered.
C. Description of the Crime Scene
It proves statements. In some instances, investigators are compelled to
reconstruct or describe in court the details of the crime scene they have
investigated several months ago but with the bulk of cases they have handled
perhaps they may not exactly recall. With the aid of photographs, investigators
will not find hard time to describe things in details. It provides a second look and
often reveals detail that is not apparent during the physical examination. It
records all things that an investigator may fail to notice.

15
D. Substitution to original documents/evidence
A photograph can be made as a representative of any evidence or
documents. It helps the expert witness in illustrating their findings. It is also used
to reproduce and copy documents.
E. Record
In court proceedings, judges, fiscals, and defense lawyers have generally
never visited the scene of the crime. Photographs greatly facilitate them in
interpreting the scene. It assists the court in understanding the case. It records all
things that an investigator may fail to notice.

7. What are the procedure in photographing the crime scene?

The goal is to record useful information in a series of photographs which will
enable the viewer to understand where and how the crime was committed. The term
“crime scene” not only refers to the immediate area where the crime took place, but
also to adjacent areas where important acts took place immediately before or after
the crime was committed. Taking photograph of a crime scene starts from general to
specific, however, in some circumstances photograph of some important evidence or
item is taken immediately when such object needs to be move or may change in
appearance or disappear as time pass.
To enable the viewer of the photographs, gain a clear concept of its position
with reference to other objects at the scene, the following procedure be observed:
A. General View or Long-range
General view or long-range photographs of the overall scene fundamentally
are taken to portray the areas as if a person viewing the scene is seeing it from
the standing position. To obtain this result, the photographer takes the
photograph with the camera at eye level.
B. Medium View or Mid-range
Medium view or mid-range photographs are taken in a manner which portrays
the scene from approximately ten to twenty feet of distance from the subject
matter. In order that the viewer, be permitted to associate the crime scene with
separate areas of the scene photographed, these areas should contain sufficient
details to permit the viewer this association.

C. Close-up View/ Range

Close-up range photographs are normally taken approximately five feet or
less from the subject matter. The attention of close-up photography is directed to
object which could be effectively seen in the long-range and mid-range
photographs.
Take necessary extreme close-up shot on the subject to show the extent of
damage, objects that is small in size such as fingerprints, shoe print, tool marks,
fibers, hair, injury, blood splatter, documents, tools, etc. Always take a second
photograph with a scale to show the actual size of the object and the camera
must always be parallel to the film plane (use tripod and a measuring
scale/device to be more accurate).

16
8. What is crime scene sketching?

Sketching - is an invaluable aid in recording investigative data. It is a

permanent record that provides supplemental information that is not easily
accomplished with the exclusive use of crime scene photographs and notes. A
crime scene sketch depicts the overall layout of a location and the relationship of
evidentiary items to the surroundings.

9. What are the methods of crime scene sketching?

Sketches are prepared to indicate exact location of objects and its relationship
to each other and other objects at the crime scene. It is useful in questioning the
suspects and witnesses as well as in the writing of investigative reports.
Sketches are excellent companions to photograph. Where photographs
provide exact details, sketches offer accurate information about the placement of
objects and it shows relationship and distances between things.
1. Things to consider in preparing a crime scene rough sketch
a. Must present the exact measurement & information about the
placement of objects.

b. Must be oriented to the north or show the direction of the north.

c. Must indicate an accurate measurement of objects and location

of physical evidence.

d. Must use the one of the commonly known type of measurement

either English or American.

e. Must always use fixed point or object as reference point.

f. Must indicate the tag or evidence designated number on the

sketch.

g. Must contain the following information: case number, crime

committed, time and date it was prepared, location of the crime scene,
rank and name of investigator, name of victim, rank, name and
signature of sketcher, name and signature of witnesses.

h. The finished sketch will be prepared in the office for future court
presentation.

10.What are the 2 main types of crime scene sketch?

a. Rough Sketch - is drawn free-hand by the sketcher at

the crime scene. Changes should not be made to it after the sketcher
has left the scene. This sketch will not normally be drawn to scale, but
will indicate accurate distances, dimensions, and relative proportions.

17
 b. Smooth/ Finish Sketch - A smooth or finish sketch is
one that is finished and is frequently drawn to scale from the
information provided in the rough sketch. If a sketch is drawn to scale,
the numbers concerning the distances can be eliminated. However, if
the sketch is not drawn to scale, the distances need to be shown.

11. What are the methods of crime scene search?

Types of Searching Methods

The Quadrant or Zone Method – in this method, one searcher is assigned to a

quadrant then each quadrant is cut into another set of quadrants.

Strip Method – in this method, the area is blocked out in the form of a
rectangular. The searcher proceeds slowly at the same place along path 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. At the end of the rectangle, the searcher turns and proceeds along new
lanes.

Grid or Double Strip Method – this method is a modification of strip search

method. Here, the rectangle is traversed first, parallel to the base, then parallel to
the side.

Spiral Method – in this method, the searchers follow each other along the path
of a spiral beginning on the outside and spiraling in towards the center or vice
versa.

18
 Wheel Method – this method of search, the area is considered to be
approximately circular. The searchers gather at the center and proceed outward
along the radius or spokes. The procedure should be repeated several times
depending on the size of the circle and the number of searchers.

Disadvantages of the wheel search method

 Great increase in the area

 Possibility of evidence contamination

12. How to collect evidence in the crime scene?

Collection of Physical 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 but
marked its location and reflect it on the sketch.

Things to consider in the collection of physical evidence:

A. Determine what physical evidence to be collected first.

B. Determine what technique can be used to collect and package physical

evidence found at the crime scene.

C. Mark and package all physical evidence with complete data needed to identify
the evidence. The case number, evidence number, type of crime, if possible,
description or type of evidence, time and date collected and location, if
possible, name of the collector with his initial or signature, name of victim,
name of investigator and name of suspect.

D. All evidence collected should be properly marked and labeled before its
submission to the evidence custodian.

E. Evidence custodians to prepare an inventory of the evidence recovered and

fill-up the evidence log.

Instructor’s Note: Remind the participants that before the evidence collection,
it must be photographed, measured, sketched and recorded. Review the
participant on the “Golden Rule of Criminal Investigation” and the different
techniques/ methods of collecting and marking pieces of evidence such as
firearm, bullet, bloods, hairs, etc., they had learned from the previous lessons.
Show on the slide presentation some pictures on the actual packaging and
marking of evidence. 19
13. What are the Procedures in the Release of Crime Scene

a. Ensure that appropriate inventory has been made;

b. Release is accomplished only after completion of the final survey and proper
documentation of evidence, witness/es, victim/s and suspect/s; and

c. If the crime scene is within a private property, the same must be released to the
lawful owner witnessed by any barangay official. In case of government facility, it
should be released to the administrator.

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. The chain of
custody of evidence must be properly observed at all times. The following are
principles that should be observed in handling all types of evidence:

A. The evidence should reach the laboratory in the same condition as when it
was found, as much as possible.

B. The quantity of specimen should be adequate. Even with the best equipment
available, good results cannot be obtained from insufficient specimen.

C. Keep each specimen separate from others so there will be no intermingling or

mixing of known and unknown materials. Wrap and seal in individual
packages when necessary.

D. Mark or label each evidence for positive identification as to what particular

location the evidence was taken in connection with the crime under
investigation.

E. Submit a known or standard specimen for comparison purposes.

F. The chain of custody of evidence must be maintained. Any break in this chain
of custody may make the material inadmissible as evidence in court.

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 Module 2 “PROCESS OF SPECIAL CRIME
INVESTIGATION”

A. SPECIAL CRIME INVESTIGATION

- is a special study of modern techniques in investigation of serious and

specific crimes including murder, homicide, rape, abortion, robbery, arson
kidnapping, blackmail, carnapping and criminal negligence. The emphasis is
on physical evidence rather than an extra judicial confession

B. KIDNAPPING

- Is the unlawful transportation, asportation and confinement of a person

against their will. (wikipedia)
- is commonly defined as the taking of a person from one place to another
against their will, or the confinement of a person to a controlled space. Some
kidnapping laws require that the taking or confinement be for an unlawful
purpose, such as extortion or the facilitation of another crime. (findlaw.com)

INVESTIGATION MANUAL 2011

- a. What law punishes the crime of Kidnapping and Serious Illegal

Detention? Revised Penal Code Article 267 amended by RA 7659

- b. What are the elements of Kidnapping and Serious Illegal Detention?

1. Any private individual who shall kidnap or detain another, or in any
other manner deprive him of his liberty.
2. The kidnapping or detention shall have lasted more than three (3)
days.
3. Any serious physical injuries shall have been inflicted upon the
person kidnapped or detained or if threats to kill him shall have been
made.
4. The person kidnapped or detained shall be a minor, except when the
accused is any of the parents, female or a public officer.
5. Other analogous acts

NOTE:
- 1. The gravamen of the offense is actual confinement or restraint or
deprivation of the victim’s liberty.
- 2. Ransom is the money demanded as a condition for the release of a person
being deprived of his liberty or any other person, even if none of the

21
 circumstances above is present, kidnapping or serious illegal detention was
still committed.
- 3. The offense of kidnapping connotes transporting the offended party one
place to another while, illegal detention focuses on one restrained of his
liberty/locomotion without necessarily transporting him from one place to
another.
- 4. Serious Illegal Detentions is committed when the illegal detention lasts for 3
days, or the offended party is a) a minor; b) female; or c) public officer even
when the detention lasts PNP Criminal Investigation Manual 2011 3 - 70 - only
for minutes, or committed by simulation of authority, or threats to kill are made
and physical injuries are inflicted.
- 5. When the victim is killed or dies as a consequence of the detention, or is
raped or is subjected to future or dehumanizing acts, the maximum penalty
(death) shall be imposed.

- c. What is the evidence needed to file a crime of Kidnapping and Serious

Illegal Detention?

1. Testimonial Evidence – Affidavit of complainant and witnesses.

2. Documentary Evidence – photographs, videos, police reports and other
documents.
3. Object Evidence – Medical records, autopsy, seminal/DNA Test, weapons
used and other forensic reports.
4. Other relevant evidence

INVESTIGATION PROCEDURES ON KIDNAP FOR RANSOM INCIDENTS

a. Introduction

The crime of Kidnap for Ransom is not only a serious crime; it is also a
critical, life-threatening incident, violating the victim’s freedom; furthermore, it
undermines human rights. By nature, it is a heinous crime that has become a
social menace due to its adverse effect on the security (peace and order),
political and economic stability of the government. Its prevalence raises fears
and doubts among the general public and discourages investments.
The objective of this section is to provide police investigators with a
practical tool in strengthening their capacity and effectiveness in the
investigation of kidnap for ransom cases.

b. What is Kidnap for Ransom?

The unlawful taking and carrying away of a person by force or fraud or

against his will, or in any manner depriving him of his liberty for the purpose of
extorting ransom as payment for his release.

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 c. Elements of Kidnap for Ransom:

1. The offender is a private individual

2. He kidnaps or detains another, or by any means deprives the latter of his
liberty; 3. The act of detention and kidnapping must be illegal;
4. The purpose of kidnapping is to extort ransom from the victim or any other
person.

Investigation Procedures in Handling KFR Incidents Receipt of the complaint

1. Accomplishment of a complaint document;

2. Assignment of the case – The Investigator on case and Case Officer shall
be designated to handle the case. The Investigator on case should maintain a
logbook of all cases referred to him, either in person or through communications,
recording therein the nature/facts of the case, name of complainant, name of the
investigator and the date it was assigned.

3. Written report – based on the initial investigation, the Investigator on case

and Case Officer should prepare a written report;
4. Taking of statements – The investigator on case should then take the
sworn statements of the complainant and witnesses. If arrested suspect/s is willing to
give a confession he should be assisted by a counsel of his own choice. At this
stage, the Case Officer should exert all efforts to gather all evidence relevant to the
case;

5. The taking of statement from a female victim shall be made by a female

investigator.

6. Determine Modus Operandi

a) KFR group scouts for a potential victim through an informer whose work is to
acquire targets for the group. To facilitate the groups operation, a member is
made to seek employment such as drivers or household help or have a
business transaction to gain access and control of the victim;

b) KFR group conducts a thorough study of background of the potential victim.

Study the victim’s background such as capability to pay the ransom and his daily
movements and activities;

c) Execution of the plan at an opportune time. In coordination with their inside

man, the group snatches the victim in a manner that would not catch attention from
the public, by blocking the victim’s car using vehicle with siren to simulate a
legitimate police operation. Sometimes the victim is accosted for being involved in

23
illegal drugs to obtain physical control on him. Victim is brought to a Safe House
(SH) usually outside of the urban area while ransom for his release is negotiated.

d) Handling of KFR Case – the purpose of recording the incident as Missing

Person case and refrain unnecessary publicity of the same, is to avoid any indication
that law enforcement agencies have been informed of the KFR incident; The victim’s
family should be informed about this concept of the PNP in handling KFR cases,
such as, the primary concern is the safety of the victim, and no police action until the
victim is safely released.

7. Conduct of Victimology (Victim Profiling) – Victimology/Victim Profiling

includes complete information regarding the victim’s physical description, normal
behavioral patterns, the family dynamics and their known friends and acquaintances.

8. Conduct of Neighborhood Investigation – Is directed toward the discovery

of evidence accidentally or intentionally left by the suspects in the crime scene that
can provide the investigators with valuable investigative lead in solving a case.

9. Release of Victim – Debriefing should be conducted by the CMC after the

release of the victim from the custody of the kidnappers and submit the victim to
medical examination. The investigator on case should then take the victim‟s
statement. All relevant and material facts occurred during the victim’s captivity must
be included in the statement to strengthen the case against the respondent.

10. Debriefing – Conducted after the release of the KFR victim from the hands
of the kidnappers to determine the latter‟s motive and modus operandi, identity of
the kidnappers, their armaments, vehicles, and location of their safe house. The PNP
Criminal Investigation Manual 2011 3 - 75 - purpose of debriefing is to receive
information from a KFR victim after his or her release from the hands of the
kidnappers and to instruct the KFR victim as to what information can be released to
the public and what information is restricted. Another purpose of debriefing is to
assess the KFR victim and reunite him with his family as soon as possible.

11. Backtracking – Conducted after the release of the KFR victim from the
hands of the kidnappers to gather and trace evidence needed by the investigator
handling the case. The purpose of backtracking is to return to the previous places
traveled by the kidnappers during the victim’s abduction for gathering of valuable
investigative leads in the identification of the kidnappers and location of their safe
house.

12. Hot Pursuit – Law enforcers are presumed to regularly perform their
official duties. Warrantless arrest conducted by them after a hot pursuit are made in
compliance with the requirements on rules on warrantless arrest.

13. Lawful Warrantless Arrest – Warrantless arrest is made after an offense of

KFR has just been committed and the arresting officers have personal knowledge of

24
facts indicating that the persons to be arrested have committed it. (Section 5 (b),
Rule 113, Rules on Criminal Procedure). In the preparation of the affidavit of arrest,
all relevant and material facts made before, during, and after the arrest must be
included to strengthen the case against the respondents. Inform the arrested
persons of the reason of their arrest and apprise them of their constitutional rights.
As usual, all the necessary documentation must be prepared - the booking sheet and
arrest report, fingerprint cards, and submit the arrested persons for medical
examination. (Sec 5 (b) Rule 113 of RCP – an arrest without a warrant can be made
by a peace officer or private citizen when an offense has just been committed and he
has probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it).

14. Recovered Evidence – Photograph and make an inventory with complete

markings upon recovery of the evidence.

15. For cell phone messages used in the negotiation for the release of the
KFR victim, preserve it and inform the service provider immediately.

16. For motor vehicle used in the KFR – treat the evidence motor vehicle
similar to crime scene. Record the circumstances of recovery and conduct technical
inspection in the presence of 2 witnesses. Secure the evidence vehicle and direct
the investigator concern to assist the SOCO for proper processing. Proper
examination of the evidence vehicle will reveal the presence of evidence that may
provide the investigator with valuable investigative lead and to build a strong case
against the respondents. Determine the registered owner of evidence motor vehicle
with the Land Transportation Office (LTO).

17. For evidence firearm – determine the registered owner through the PNP
Firearms and Explosives Division (FED).

18. Kidnappers‟ Safehouse is Located – Coordinate with local police and

SOCO to investigate and process the crime scene. Fingerprints of the KFR victim
lifted in the crime scene is a proof that he or she was kept therein. Pieces of DNA
evidence of the victim and suspects must also be preserved. Proper examination of
the SH or crime scene will reveal the presence of evidence that may provide the
investigator with valuable investigative leads and build a strong case against the
respondents.

19. Artist’s Sketches of Suspects – Advise the KFR victim and witnesses to
provide the description of the suspects to the artist. In many cases the photograph of
suspects is not available and the best substitute are the artist’s sketches based on
the recollection of the eye witnesses.

20. Rouge’s Gallery – Show to the KFR victim and witnesses the rouge’s
gallery of KFR suspects for positive identification. In some instances, the rouge’s

25
gallery will lead to a positive identification of the suspects by the complainant and/or
witnesses.

21. Invitation of Suspects – Invitation for suspects to appear before the

investigating office should be signed by the Chief of Office or his deputy and duly
recorded in a logbook intended for this purpose. The result of the invitation should be
filed in the case folder to form part of the records of the case. Invitation of the
suspect to appear before the investigating office is a part of the Custodial
Investigation. The questioning of the person invited in connection with an offense he
is suspected to have committed is crucial to the case.

22. Extra-Judicial Confession – A suspect’s confession is indispensable in a

case where there is a conspiracy to be established by evidence. A confession made
by an accused is admissible only against him and not against his co-accused who
did not in any manner take part in the said confession, except where there is
conspiracy established by evidence other than the confession itself.

23. Case Referral – The case officer should prepare the case referral to the
inquest prosecutor for the latter’s appropriate recommendation. Case referral and
related documents needed by the Prosecutor should be reviewed by the Legal
Officer for his appraisal, evaluation, recommendation, and legal advice.

24. Collation of evidence – Interview witnesses at the place where the victim
was kidnapped and released, if possible, look for any establishment within the area
equipped with CCTV and request for copy of coverage. Ensure careful and orderly
collection prior to proper marking of the pieces of evidence obtained.

25. Progress Report – a progress report should be submitted by the Case

Officer regarding the apprehension of other suspects, recovery of the evidence and
all other development of the case;

26. Documentation – once the suspects have been apprehended and duly
investigated, the investigator on case should prepare the affidavit of apprehending
officers and the Case Officer should prepare the corresponding referral to the
Inquest Prosecutor for appropriate recommendation;

27. Case preparation/analysis – before the Investigator on case and Case

Officer file the case with the Prosecutor’s Office, the case should first be reviewed by
the Legal Officer for appraisal, evaluation, recommendation and legal advice;

28. Preparation of a case for trial –Trial Preparation – Prior to testifying in a

case, the police witness should have a case conference with the prosecutor handling
the case for the preparation of his testimony to avoid errors, confusions, and
inconsistencies. A police witness should review the case records for the purpose of
comparing and correlating the statements and other investigative materials before
taking the witness stand.

26
 29. Testifying in Court – The police witness should study his case before
taking the witness stand, by doing proper preparation prior to the scheduled hearing.
Never memorize stet testimony, just know the facts but do not try to say things word
for word. You will look rehearsed during your testimony and then you will not be able
to handle cross examination, where questions are not in sequence. During cross
examination, avoid looking at your Prosecutor when answering questions. This looks
like you are asking for help and the Judge might interpret this as a damaging
question even though your answers make perfectly good sense.

30. Monitoring of cases – Case Monitoring – Case monitoring division is in-

charge of the continuous monitoring of the court proceedings of all filed cases in
coordination with the prosecutors, complainant, and witnesses to ensure conviction.
The investigators job does not end upon the filing of the case before the Prosecutor’s
Office. The case should be continuously monitored up to its final resolution.
INVESTIGATION HANDBOOK (VINARAO)
- Precautions

1. Avoid any indication that law enforcement officers have been informed of
the kidnapping.
2. Avoid publicity of any kind. Knowledge on the part of the kidnappers that
the police are working on the case or that it has become public knowledge
could cause them to panic and to make a wrong decision which endanger
the life of the victim.
3. Contacts by the law enforcement officers with the relatives of the victim
should be in neutral place to avoid detection of police investigation.
4. If the law enforcement officers are positive that the case in question is
kidnapping, and not ordinary “missing person” case, investigation
especially those relating to the identities of the suspect, their associates,
their habits, activities and movements, their physical description, etc.,
should be done with utmost secrecy.
5. If the foregoing step (#4) might endanger the life of the victim, it is better to
freeze all investigative activities until the victim’s relatives hear from the
kidnappers. Always remember that in kidnapping the safety and security of
the victim is the primary consideration.

- When demand for ransom is made by telephone.

1. Steps should immediately be taken to legally record all telephone

conversations with any member of the kidnapping group.
2. Make necessary legal arrangements to trace calls made by kidnappers.
3. Covert surveillance of all places where telephone calls were made should
be conducted. Instruct the victim’s relatives to prolong the conversation
with the kidnappers to get as much information as possible (such as
background noise, intonation, peculiarity of speech, caller’s age, sex,

27
 exact words used, etc.) without, however, inviting suspicion that the
relatives are acting upon orders of the police.
4. Kidnap Call Report
a. If you received a kidnap call
i. Try to signal someone to listen on another extension
ii. Keep the caller on line for as long as possible
iii. Do not antagonize the kidnapper
iv. Give the kidnapper a code word for latter identification
v. Ask:
1. Victim’s name
2. Where and when seized
3. Victims code name
4. Ask to speak to the victim
After call
5. Make a written record of it
6. Notify security office at once
7. Tell no one else about the call

- When demand is in writing

Demand for ransom made in writing calls for a careful handling of a written
communication for possible lifting of latent fingerprints. Hold the letter by its
edges and save the envelope in which the note was placed.

- When contact is made with the kidnappers

1. Instruct the relatives of the victim to request the kidnappers to show proof
that the victim is still alive.
2. Victim’s relatives may ask the kidnappers to reduce the amount of ransom.

- Agreement re Amount, Place, Manner of Delivery of Ransom Money

1. Denomination and serial numbers of the bills must be recorded.

2. The designated place for the delivery of the ransom should as much as
possible be placed under surveillance in such a way as to avoid possible
detection. The purposes or surveillance are:

a. To be able to tail the suspect(s) in the hope that he (they) will lead
the officers to the hideout.
b. To identify the kidnappers for the follow-up investigation.

The question of whether or not the suspect(s) should be arrested once the
ransom money is picked up would depend on attendant circumstances
and the wishes of the relative of the victim.

28
 As much as possible, the person instructed to deliver the money should be
provided with appropriate equipment or facilities (like wireless transmitter
or beeper) to be able to communicate with law enforcement officers
working on the case at any time while undertaking his mission and
thereafter.

c. The kidnapper’s demands and instructions as to time, place and

manner should be strictly followed.

- If the victim has been returned

1. Conduct the necessary investigation for the identification and arrest of the
kidnappers.
2. At this stage, all investigative techniques likely to lead to the identification
and arrest of the kidnappers should utilize.

Note:
When a demand is 'made the law enforcement WILL NOT make a decision regarding
payment or SUGGEST an amount. THIS DECISION IS THE SOLE
RESPONSIBILITY OF THE VICTIM’S FAMILY (NYPD)

Missing Person Investigative Guidelines and Procedures:

Officer’s Initial Contact
1. Interview the reporting person. If more than one reporting person is
present, interviews should be conducted separately. Verify that the person is, in fact,
missing. Determine if this may be a high-risk missing person and if there is a
potential crime scene area and or potential witnesses.
2. If a child is involved, verify custody status. Examine court orders regarding
current custody matters, if applicable. If criteria are met for an AMBER plan
activation, the Missing Persons and Child Exploitation Unit must be contacted.
3. Identify the circumstances of the disappearance. Determine when, where,
and by whom the missing person was last seen. Interview the individual(s) who had
last contact with the missing person. Develop a list of known family members,
friends, classmates, co-workers, and associates for interviews.
4. If a child is involved, identify a zone of safety commensurate with their age
and developmental stage. If the child was out of this safety zone, ascertain potential
reasons.
5. Obtain a detailed description of the missing person, including as many
current photos as possible. If known acquaintances, potential abductors, vehicles, or
persons of interest are involved, obtain detailed descriptions as necessary.

29
 6. Relay detailed descriptive information necessary for the investigation to the
dispatch center for broadcast to all relative allied law enforcement entities.
7. Request additional personnel and resources if circumstances require.
8. to provide investigative guidance and resources.
9. Thoroughly search the immediate and surrounding area in a logical and
systematic manner, taking consideration of the particulars related to the missing
person or missing child. Consider using a standardized checklist, which should
include the last known location of the missing person and likely locations where the
person may have gone. Canvass the area for potential witnesses and individuals
with knowledge of the missing person. Interview as necessary.
10. Treat the area as a potential crime scene.
11. Ensure that everyone at the scene is identified and interviewed separately
and properly record the information. Note name, address, and phone numbers of
each person. Determine relationship to the missing person and ask where they
believe the missing person may be. Obtain information of potential associates to aid
in future investigation.
12. Utilize a crime scene entry/exit log, when necessary.
14. Request voluntary assistance from the family or reporting party in
obtaining items of investigatory value belonging to the missing person. Obtain
consent to search, when applicable. Consider attempting to obtain personal items
that contain the missing person’s scent for utilization of search dogs. Place scent
articles in a clean, paper bag. Attempt to obtain personal electronic devices (cell
phones or cell phone numbers for tracking purposes, computers for online resources
such as screen names or email sources, digital cameras, electronic storage devices,
etc.). Gather as many documents as possible to assist with follow-up investigation.
Banking records, mail, cell phone records, etc. should be collected, when possible.
Utilize consent forms or court orders, as necessary.
15. When applicable, obtain items that would likely contain the missing
person’s DNA; such as a toothbrush, hairbrush, or clothing. Seal and protect the
scene, when necessary, for potential subsequent search efforts by qualified crime
scene technicians.
16. Determine if any of the missing person’s personal items are known to be
missing from the area/scene.
17. Maintain scene integrity until relieved by investigative or supervisory
personnel. Thoroughly debrief relieving personnel, advising of all investigative steps
taken to point and noted documentation.

C. BOMB THREATS AND EXPLOSION

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 The investigation conducted at the scene of an explosion or bombing plays a
vital role in uncovering the truth about the incident. The evidence recovered can be
critical in identifying, charging, and ultimately convicting suspected criminals. For this
reason, it is absolutely essential that the evidence be collected in a professional
manner that will yield successful laboratory analyses. One way of ensuring that we,
as investigators, obtain evidence of the highest quality and utility is to follow sound
protocols in our investigations.

INVESTIGATION OF BOMBINGS
The increasing challenges posed by the growing sophistication of terrorist
organizations not only in the Philippines but elsewhere in the world have become a
major concern among law enforcement and security officers. In the light of this
concern, this section is formulated to guide investigators, such as the bomb
technicians, criminal investigators and forensic personnel during the investigation of
bombing incidents and other incidents involving explosive devices and materials.
SPECIFIC INVESTIGATIVE PROCEDURES:

A General Procedure Upon Receipt of Explosive-Related Incident such

as discovery of IED/explosive materials, bomb threats and explosion:

a. Desk Officer shall ask for and record in the Police Blotter the
following from the source of information:
1. Name of the source
2.Contact information of the source PNP Criminal Investigation
Manual 2011
3. Exact location of the incident
4. Time and date of the incident
5. Details of the incident

b. Desk Officer shall inform the Chief of Police about the

incident.

c. Desk Officer shall dispatch mobile or foot-patrol police

personnel to verify the incident.

d. Desk Officer shall direct the TOC to call the following

emergency service agencies, request them to be on
standby while verification of the incident is on-going and
seek their assistance once the incident is verified:

1. Police Bomb Squad Units/EOD Team

2. SOCO Operatives
3. Fire Services
4. Emergency Medical Services/Rescue

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 5. Engineering Services (for lighting, heavy equipment,
etc.)
6. Utility Services (Electric and Water)
7. Other agencies (Philippine Red Cross, Metro Manila
Development Authority, NDCC, etc.) e. Desk Officer
shall inform his Commander (Station Commander,
Chief of Police, etc.) about the incident and all actions
taken.
DURING VERIFICATION OF THE INCIDENT BY THE FIRST RESPONDER/S OR
INVESTIGATORS:
a. The First Responder/Investigator shall record the information about the nature
of their dispatch in their notebooks or ticklers. They should be equipped with a
camera or video recorder for capturing the condition of the scene upon their
arrival and any succeeding event.
b. They shall proceed to the incident scene.
c. They shall assess the situation at the scene of the incident and immediately
notify the Desk Officer who will in turn inform his Chief of Police about the
confirmation of the incident.
d. In case IED/explosive materials are found, request for the immediate
assistance of the Bomb Squad/EOD Team.
e. They shall cordon the area to preserve and secure the crime scene and wait
for the arrival of the Bomb Squad/EOD Team.
f. If the scene is obvious for signs of an explosion, First Responders/Investigators
shall cause the immediate evacuation of people who were injured from the
crime scene. Whenever possible, immediately maintain order and control of
the crowd. THEY SHALL NOT TOUCH, REMOVE, OR ALTER ANY PIECE OF
EVIDENCE (INCLUDING DEAD PEOPLE).
g. Initiate immediate investigation.
KEY INFORMATION NEEDED FOR BOMB THREAT:
- Time of call or suspected package (bomb threat) was received.
KEY INFORMATION NEEDED FOR FOUND UNEXPLODED EXPLOSIVE /
EXPLOSIVE ITEMS:
a. Has the source seen the device? It’s important to establish the basis of
knowledge of the source. This information may be less reliable than first-hand
knowledge as the source is likely to have strong understanding of explosive
devices and/or explosive materials and may misstate information. The
distinction between first-hand and second-hand knowledge is important and
should be identified in reporting.

32
b. How large is the device? Provide dimension and weight where possible. If a
cultural reference is used to describe the size or weight of the item, please
provide a rough English or Metric measurement equivalent.
c. What does the device look like? Looking at the device, what does it appear to
be from the outside? A briefcase, a metal pipe, a radio, etc.
d. Does the device have a container? Some types of explosives require
confinement to produce an explosion. Other devices may use the container to
produce fragmentation to cause injuries. Not all devices will have a container.
e. Is the device concealed within the vehicle? For example, are the explosives
hidden within the door panels to prevent detection upon a casual PNP Criminal
Investigation Manual 2011 5 - 20 - inspection or are the explosives visible
when the interior of the vehicle, trunk (if applicable), or cargo area are
examined?
f. Is the device a Vehicle Bomb? g. What type of vehicle is it? Car, van, light
truck, semi-truck, bus, boat, plane, etc.
h. What is the specific make/model of the vehicle? Is it modified in any way?
i. Does the device have any unusual characteristics? Are there extra items
added to the device to produce an enhanced effect of some sort? Examples
include: nails added to a device for an enhanced fragmentation effect, gas
cylinders added for an enhanced blast effect, other chemicals added to
produce a toxic effect, a “special” material added (such as radioactive material
– if the source is not directly involved in the plot, knowledge of the specific
materials may be limited and referred to in general terms).
j. What is the source’s basis of knowledge of explosive materials/and or
devices? Examples include: reading terrorist training manuals, hands-on
terrorist training, commercial blasting training and/or experience, military
training and/or experience (it’s important to identify what military training was
received – some fields, such as Explosives Ordnance Disposal receive
extensive training, while others, such as infantry, receive limited explosive
training), or academic knowledge (chemistry, electronics, physics or other
engineering courses).
k. Ask the source to draw a sketch of the device.
l. Ask the source to specifically identify the appearance of the explosive material.
Color, texture and quantity are important elements of the description as some
explosives have distinct coloration that may assist in the identification of the
material. If the source has knowledge of the original packaging of the explosive
material, have it described as well. Some explosives have distinct packaging
materials which may further assist in the evaluation of the information.
m. Does the source know how the device is supposed to function? If yes,
ascertain details.

33
 n. Is the device electrically initiated or non-electrically initiated? Electrical
initiation requires a power source. Attempt to obtain a description of the power
source (battery size, type, etc.). Non-electrical initiation uses systems such as
a burning fuse, a chemical reaction, or other non-powered means of causing
the device to function.
o. Have the source describe the method of functioning of the device. Improvised
Explosive Devices (IEDs) may function in a variety of methods, including, but
not limited to, time delay, remote control, suicide initiation, or victim-initiated
(booby-trap). Devices may have multiple methods of firing.
p. For time delay devices: What type of time delay was used to operate the
device? Examples include: modified analog or digital watch/alarm clock, an
improvised electronic circuit, a modified commercial product, burning fuse or
chemical time delay (also referred to as a chemical time delay pencil).
q. For remote control devices: What type of remote control was used? Examples
include: pagers, cellular phones, hand-held radio system, garage door opener,
hobby remote control system (for example, mode cars or airplanes), car
alarms, improvised electronic circuit, or other modified commercial item. If
possible, describe the appearance of the receiver device and the transmitter.
r. For suicide-initiated devices: What are the means of setting the device off? For
example, push buttons, toggle switch, bare wire connectors, or other type of
switch. Important factors include the location of the switch and whether it or the
wires are visible or not.
s. For victim-initiated devices: What action is required by the victim to cause the
device to function? Examples include: passing a certain point, performing a
certain action, lifting an item, applying pressure to an object, removing an
object, etc.
KEY INFORMATION NEEDED FOR EXPLODED ITEM:
a. Time of detonation/explosion.
b. Sound of explosion. Description of the sound produced by the explosion.
c. Force of the explosion and its direction. Description of the extent and direction
of blast wave.
d. Color of smoke. Example: black, gray, white e. Color of flame. Example: red,
yellow, etc.
f. Odor of the gases produced. Example: LPG, natural gas, etc. g. Record
names and addresses of person(s) such as, medical and fire personnel, etc.
accessing the scene and submit list to the Investigator-on Case.
h. Do not issue press releases or any statements. It is the job of the Incident
Commander or his designated spokesman.
SPECIFIC INVESTIGATION PROCEDURES

34
a. Bomb Threat After the bomb squad has declared the area safe, the
investigator shall determine the following:
1. Gather information from the person who received the bomb threat
call.
2. Name and contact number of person who received the call.
3. Date, time, duration of call and number of called made
4. Gender of caller and estimated age.
5. What were the exact words of person making the threats?
6. Reasons for the threat.
7. Voice characteristics of the caller:
8. If voice is familiar, who did it sound like?
9. Familiarity of caller with the area.
10. Threat Language a) Well-spoken b) Incoherent c) Irrational d)
Taped e) Message read by caller f) Abusive g) Other h) Background i)
Determine motive by gathering information on the
person/company/establishment receiving the threat. j) Gather information and
evidence on the suspect (if known). k) File appropriate charges if there is
concrete evidence gathered against the suspect. l) If no lead is developed,
information gathered can be used for future reference.
b. Recovery/Discovery/Seizure of IED and Other Explosive Materials
Improvised Explosive Device (IED): PROCEDURES:
a) After the hazard has been eliminated by the responding
Bomb Squad Unit/EOD personnel, request SOCO to process the device for
latent prints, collect explosive residue and fingerprints of bomb technician/EOD
and other person who access the device for elimination.
b) Interview the First Responder.
c) Question witnesses and record pertinent facts about unusual
activity such as, persons or vehicles.
d) Search areas for ingress and egress for evidence such as,
tapes, explosives wrappers or containers, footprints, tire tracks, fingerprints
and other associative that may relate to the suspect(s).
e) Check business establishments that could have been used
by the suspect as an observation post such as: 24- hour service station,
canteen, lodging house, etc.
f) Prepare a suspect list showing investigative facts relevant to
the incident.

35
 g) Record description of suspect(s), suspect vehicles and
suspect premises.
h) Check sources of device components and materials
recovered at the scene.
i) Secure report of the Bomb Squad Unit on the IED‟s
functionality and destructive capability.
j) Secure laboratory report of SOCO for explosive determination
and fingerprints analysis.
k) Conduct follow-up investigation on matters related to the
secured technical reports.
l) Establish possible motives. If evidence gathered is concrete
against the suspect(s), file appropriate charges.
m) Take photographs and turn in explosive item(s) to Bomb
Squad Unit for custody until court presentation
n) Secure court order for the immediate disposal of explosive
material.
Custody of Explosive Evidence:
1. After the technical analysis have been conducted on the seized
explosive device/s, non-explosive items part of the recovered evidence such
as battery; alarm clock; cellular phone; wires; containers; fragmentation, etc.,
shall be turnover to concerned Crime Laboratory office for custody.
2. Explosive evidence items such as explosives, military ordnance,
detonating cord, safety/time fuse, blasting caps; shall be submitted to the PNP
Bomb Squad Unit who has jurisdiction in the area, for custody. The designated
unit custodian shall sign on the CL‟s Evidence Chain of Custody Form.
3. In the absence of a PNP Bomb Squad Unit, concerned AFP EOD
Team in the area shall be designated as Custodian of the explosive evidence.
The designated custodian of AFP EOD unit shall sign on the CL‟s Evidence
Chain of Custody Form.

D. ILLEGAL RECRUITMENT

Republic Act No. 10022 An act amending Republic Act 8049, otherwise
known as the Migrant Workers and Overseas Filipinos Act of 1995, as amended,
further improving the standard of protection and promotion of the welfare of migrant
workers, their families and overseas Filipinos in distress, and for other
purposes, defines illegal recruitment as any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring, or procuring workers and includes referring, contract
services, promising or advertising for employment abroad, whether for profit or not,

36
when undertaken by non-licensee or non-holder of authority. It shall likewise include
the following acts, whether committed by any person, whether a non-licensee, non-
holder, licensee or holder of authority:

(a) To charge or accept directly or indirectly any amount greater than

that specified in the schedule of allowable fees prescribed by the Secretary of
Labor and Employment, or to make a worker pay or acknowledge any amount
greater than that actually received by him as a loan or advance;

(b) To furnish or publish any false notice or information or document in

relation to recruitment or employment;

(c) To give any false notice, testimony, information or document or

commit any act of misrepresentation for the purpose of securing a license or
authority under the Labor Code, or for the purpose of documenting hired
workers with the POEA, which include the act of reprocessing workers
through a job order that pertains to nonexistent work, work different from the
actual overseas work, or work with a different employer whether registered or
not with the POEA;

(d) To include or attempt to induce a worker already employed to quit

his employment in order to offer him another unless the transfer is designed to
liberate a worker from oppressive terms and conditions of employment;

(e) To influence or attempt to influence any person or entity not to

employ any worker who has not applied for employment through his agency
or who has formed, joined or supported, or has contacted or is supported by
any union or workers’ organization;

(f) To engage in the recruitment or placement of workers in jobs

harmful to public health or morality or to the dignity of the Republic of the
Philippines;

(h) To fail to submit reports on the status of employment, placement

vacancies, remittance of foreign exchange earnings, separation from jobs,
departures and such other matters or information as may be required by the
Secretary of Labor and Employment;

(i) To substitute or alter to the prejudice of the worker, employment

contracts approved and verified by the Department of Labor and Employment
from the time of actual signing thereof by the parties up to and including the
period of the expiration of the same without the approval of the Department of
Labor and Employment;

(j) For an officer or agent of a recruitment or placement agency to

become an officer or member of the Board of any corporation engaged in
travel agency or to be engaged directly or indirectly in the management of
travel agency;

37
 (k) To withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations, or for any other reasons,
other than those authorized under the Labor Code and its implementing rules
and regulations;

(l) Failure to actually deploy a contracted worker without valid reason

as determined by the Department of Labor and Employment;

(m) Failure to reimburse expenses incurred by the worker in connection

with his documentation and processing for purposes of deployment, in cases
where the deployment does not actually take place without the worker’s fault.
Illegal recruitment when committed by a syndicate or in large scale shall be
considered an offense involving economic sabotage; and

(n) To allow a non-Filipino citizen to head or manage a licensed

recruitment/manning agency.

Illegal recruitment is considered as economic sabotage if it is carried out by a

group of three (3) or more persons conspiring or confederating with one another or it
is committed against three (3) or more persons individually or as a group.

FAKE OVERSEAS EMPLOYMENT PROBLEMS (ILLEGAL

RECRUITMENT & HUMAN TRAFFICKING)

Human Trafficking and Illegal Recruitment is a lucrative business for

opportunist traffickers. They earn huge profits by taking advantage of a large number
of potentials migrants whose ambition to work abroad and hope for a more affluent
life produces a supply of willing victims. Such endeavor favors the
smugglers/traffickers because they face few risks in doing so, to include the
procurement of fraudulent travel documents, passports and entry visas.

a. MODUS OPERANDI

1. The recruitment process is conducted in a presentable office to lure prospective

innocent victims;

2. Application forms filled up by victims;

3. Fees allegedly charged up by victims;

a) Management and leg work;

b) Processing of passport;

c) Performance bond;

d) Settlement fees;

e) Incidental expenses;

38
4. Usually, official receipts are issued;

5. Also, lucrative employment is offered

6. Deployment of workers through tourist schemes but with a hidden agenda of

employment. This can be done through their illegal foreign employers;

7. Use of passport other than that of the applicant to hide or clothe the applicant in
another identity allegedly to ensure his departure and employment aboard;

8. Illegal use of the name of a licensed recruitment agency as front. They usually use
fake authorizations to recruit overseas workers;

9. House-to-house recruitment, particularly in provinces;

10. Illegal recruiters are recruiting applicants by introducing themselves as

authorized recruiting agents of a license recruitment agency;

11. Those who signified their intention to work abroad will be required to pay a
certain amount of money to defray expenses for applicant’s passport, visa and plane
ticket;

12. Once the amount is given and the promise to leave is made, the illegal recruiter
will then vanish and is nowhere to be found by the applicants.

13. Some applicants will be provided with fake passport, a passport of another
person but with picture of the unsuspecting applicants in cahoots with some
unscrupulous personnel in their port of area.

14. Most of the illegal recruiters go to remote areas, usually in the provinces due to
ignorance/illiteracy of potential victim due to absence of the means to verify the
authenticity of the recruiters.

15. Tourist-Worker Scheme – unscrupulous recruiters lure would be workers by

employing means like leaving the country as tourist but are actually leaving for
employment abroad.

16. Trainee-Worker Scheme – workers are recruited and deployed as trainees on a

training agreement. More often, students leaving in the guise of a traineeship
program for hotels, caregivers or other establishments abroad but eventually landing
jobs in hotel/restaurants and even nursing homes abroad.

17. Visa Assistance or Immigration Consultancy Scheme – entities operating under

the guise of consultancy or offering services for visa facilitation to include travel
agencies are actually engaged in recruitment by offering placement abroad on
immigration visa. Some of them also operate through the conduct of orientation
seminars, which are actually recruiting activities.

18. Backdoor Exit – workers leave through the southern ports of exit where
immigration control is lax. They usually leave on cargo ships or on boats.

39
19. Assumed Identity – workers leave under another name either using the name of
another worker or through “Baklas system” or obtaining passports through fake birth
certificate and other documents. Minors are usually deployed through this scheme.

20. Direct Hiring – workers are recruited directly by the foreign employer and
deployed either as tourist of through any of the other illegal means.

21. Escort Service – workers are “escorted” at the airports and seaports and allowed
to leave even without required travel documents in connivance with crooked
government officials/workers.

22. Mail Order Bride Scheme – marriage is arranged by brokers between Filipino
women and foreigners. The Filipino wife ends up as domestic helper to her husband
and his family or even worse situations abroad.

23. Blind Ads – advertisements for overseas employment published in dailies do not
indicate the name of the recruiter but provide a P.O. Box to which applications may
be submitted. Unlike legitimate employment firms that have permanent address,
many unscrupulous operators run the iso-called job placement firms from out-of-
state, and may provide only a post office or mail drop address. Although there are
legitimate firms with post office or mail drop address, job applicants should be aware
that this practice, when used by unscrupulous operators, makes it easier for the
operators to avoid scrutiny by their clients.

24. Job Listing Service – there are many firms that make no promises to place you in
a job. They merely sell a list of job opportunities, providing little assurance about the
accuracy of the information. For instance, the information may be sold via a
newsletter around the world. Many of the ads may be months-old, soliciting jobs that
already have been filed. In addition, the ads may not have been verified to ensure
that the jobs actually exist. Some ads may be from countries with strict quotas that
discourage the hiring of foreign citizens. Other publications, may promise access to
information on job opportunities, but provides nothing more than a listing of
employers in various regions. They encourage applicants to submit their
requirements through mail together with seemingly minimal fee.

25. Tie-Up or Kabit System – unlicensed recruiters’ tie-up with licensed agencies and
recruit workers through the facilities of the latter. Workers are either deployed under
the job order of the license agency but actually work for another employer abroad or
the foreign principal of the unlicensed recruiter is registered or accredited under the
licensed agency’s name.

26. Camouflaged participants/representative in seminars/sports events – workers

leave as participants in seminars or sports events abroad but actually intend to work
there.

b. Investigative Procedures:

1. The Desk Officer shall entertain all walk-in complainant/s for Illegal Recruitment
and Trafficking cases.

40
2. The Desk Officer, after a brief interview with the complainant/s, shall record the
incident in the Police Blotter and refer them to the duty investigator.

3. The duty investigator shall require the complainant/s to fill up the complaint sheet
provided for detailing the nature of their complaint.

4. The duty investigator, after examining the accomplished complaint sheet, shall
take the sworn statements of the complainant/s and asked for any receipt or
essential documents relative to their complaint.

5. The duty investigator shall request in writing information from POEA whether or
not the recruitment agency subject of the complaint is duly licensed. If not licensed,
get a certificate to this effect. If registered, get a certified copy of the POEA license.

6. If the recruitment agency is licensed to operate but has certain violations under
R.A No-8042, or the person/s subject of the complaints is nowhere to be found, the
investigator shall bring the case before the prosecutors‟ office for regular filing.

7. However, if not registered, and the employment agency continuously accepts

applicants for overseas work and still negotiates with the complainant, the same
shall be referred to the nearest CIDG Office for entrapment operations pursuant to
EO 759 dated October 23, 2008.

8. In preparation to the entrapment operation, the operatives shall conduct an

investigation/surveillance about the subject employment agency to determine the
veracity of the complaint, and thereafter prepare a summary of information (SOI) as
requirement to PRE-OPERATION CLEARANCE.

9. The investigator shall prepare a request to the PNP Crime Laboratory for Ultra
Violet Powder for “Dusting” of marked money to be used in the entrapment
operation.

10. The team leader shall coordinate personally with the concerned territorial Police
Office within whose jurisdiction the operation will be conducted using the prescribed
Coordination Form prior to the launching of the operation.

11. The arresting team must be equipped of camera/video to be used during the
actual police operation.

12. Upon arrest of the suspect/s, apprise them of their Constitutional Rights as
provided in RA 7438. Subject arrested person/s shall undergo an Ultra Violet Powder
Examination and Physical/Medical Examination at the PNP Crime Laboratory.

13. The investigator shall prepare documentation and identification, fingerprinting

(booking sheets) and the standard front, side view, whole body and back view
photographs of the arrested suspect/s.

14. The officer-on-case shall prepare the letter of transmittal to the prosecutor having
jurisdiction over the case. To be attached as annexes are:

41
 a) Sworn statement taken

b) Certificate from the POEA

c) Booking sheets /Photographs

d) Affidavit of Arresting Officers

e) Receipts of payment& documents made by applicants

f) Request and Result of Ultra Violet Powder from PNP Crime Laboratory

g) Request and Result of Physical/Medical Examination of the PNP Crime Lab

h) Others to be presented later

i) After inquest, bring subjects to jail for temporary confinement until they are
turned over to the city jail or local or provincial jails. This should be done
immediately.

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 Module 3: Homicide Investigation
Murder was defined under Revised Penal Code of the Philippines article 248
as any person shall kill another, shall be guilty of murder and shall be punished by
Reclusion Perpetua to death. On the other hand, homicide was defined in article 249
of the same as any person who, not falling within the provisions of article 246 shall
kill another without the attendance of any the circumstances enumerated in article
248 shall be deemed guilty as homicide and punishable by Reclusion Temporal.
Elements:

Article 249. Homicide

1. A person was killed;
2. Offender killed him without any justifying circumstances;
3. Offender had the intention to kill, which is presumed;
4. The killing was not attended by any of the qualifying circumstances of murder, or
by that of parricide or infanticide. Homicide is the unlawful killing of a person not
constituting murder, parricide or infanticide.

What is the evidence needed to file a crime of Homicide?

1. Testimonial Evidence – Affidavit of complainant and witnesses.
2. Documentary Evidence – photographs, videos, police reports and other
documents.
3. Object Evidence – Autopsy, weapons used and other Forensic Reports.
4. Other relevant evidence

Homicide (Generic) Investigation

a. Upon Receipt of Call/Walk-in Complaint. The duty desk officer shall:
1. Record the time it was reported;
2. Get the identity of the caller/complainant;
3. Get the place of the incident;
4. Get the nature of the incident;
5. Get the number of victims;
6. Record the brief synopsis of the incident;
7. Direct the nearest mobile car/beat patrollers or the nearest police precinct to
act as first responder equipped with a camera and “police line” to secure the place of
incident; and
8. Inform the duty investigator.

b. Guidelines in Homicide Investigation

1. Record the time the call was received as well as the time of arrival at the scene.
2. Preserve the crime scene.
3. Do not remove anything until its location and position have been noted and
photographed. The position of evidence should be measured and/or photographed in
reference to permanent fixtures in the crime scene.
4. Pay attention to the wound inflicted which may have caused the death of the victim
and how it was committed.

43
 5. Designate one person to pick up all physical evidence. No one should touch or
move anything unless and until the fingerprint technician has finished his tasks.
6. A systematic, detailed search of the crime scene should be conducted.
7. Colored as well as black-and-white photographs should be taken.
8. Look for physical evidence that will tend to prove the elements
of the crime under investigation.
9. Take note of unusual odors, symbols, fetishes, rituals.
10. When the body is finally moved, attention should be given to the area beneath the
body.
11. While moving the body, use a rubber sheet to prevent contaminating the crime
scene with spilled blood.
12. Conduct a careful inspection of a dead person holding a gun.
13. Note the condition and types of food at the crime scene as the pathologist may be
able to use this information in determining whether the victim’s last meal was eaten at
the crime scene.
14. The course and direction of each bullet should be determined. This applies to the
trajectory of the bullet through the body as well as the trajectory of the bullet through a
solid object at the crime scene.
15. If all slugs were not removed at the crime scene, have the body X-rayed. This is
excellent for determining the distance of fire from patterns and shows the trajectory of
the bullet through the body.
16. Take photographs of all bystanders. These may be helpful later to identify possible
witnesses or subject (who sometimes DOES return to the crime scene).

17. Try to:

a) Determine if any of the victim’s valuables are missing.

b) Record the color of blood stains (bright red, reddish brown, brown, black or
almost black).
c) Determine what portion of the stain is wet (just the center, completely wet,
completely dry, dry around the edges) for an estimate of time of death.
d) If the blood is wet, see if a paper clip will separate the stain as it goes
through or if the blood will flow together again.
e) Note the size, dimension and location of blood drops.
f) Determine the direction and distance of blood drops.
g) Enter in your notebook details of the test to determine whether the victim is
still alive. Record if the body is cool to touch, warm, etc.
h) Record the weather, as well as weather changes (sunny to cloudy or vice-
versa).
i) Talk to everyone with whom the suspect has spoken.
j) Look for weapons which could have inflicted the wounds.
k) Obtain soil samples (double handfuls) at ten-foot intervals in circles around
the body and the scene, when appropriate.
l) Take samples of other items for exclusionary purposes.
m) Obtain botanical samples when necessary.
n) Take a temperature reading of the scene. If the body is submerged in a
bathtub, record the temperature of the water at the time of your arrival.

18. If it is necessary to cut the victim’s clothing, avoid using bullet or knife holes.
Where possible, cut the clothing along seams so that the clothing can be restored to

44
approximately its original condition.
19. The spatter pattern of blood spots should be noted as it is:
a) An aid in determining if the object or persons was in motion when the blood
spattered.
b) Possible for an expert to tell you how the crime was committed as indicated
by the blood spots.
c) Possible to trace every spot to its origin by observing its characteristics.
d) Indicative of whether it was a result of a weapon striking a victim, or it was
thrown there from a weapon, or it was created by some other weapon.
20. BE CAUTIOUS. Remember that fingerprints may be present on light switches,
light bulbs, telephone, doorknobs, etc.
21. When fingerprints are on an object which has a dark color, consider using
fluorescent powder as the standard fingerprint powders are not as effective in
developing latent prints on such objects. Aerial photographs of the crime scene and
escape route should be taken, when possible and practicable.

c. Things to Remember in the conduct of Homicide (Generic) Investigation

Places of Importance

1. The crime scene. Make a methodical and thorough search.

2. Avenues of approach. How did the killer(s) arrive?
3. Avenues of escape. Investigate and search along this route.
4. Places where victim was seen immediately prior to his death. Who was with
him/her? What was he doing? Was this customary? Get the time.
5. Places where suspect claims he was; places where he was
seen before, during and after the crime was committed for the purpose of
checking his alibi.
6. Places where evidence can be found. Weapons or poison, etc. – Where
can they be obtained? Where can they be hidden?
7. Places where the suspect and the victim were frequently seen before the
commission of the crime.
8. Place/s of suspect/s lairs.

Times of Importance

1. Time of death
2. Time crime was reported
3. Time of arrival of police at the scene
4. Time victim was last known to be alive
5. Time relative to victim’s movement preceding death
6. Time relating to suspect(s) movements.
7. Time the crime scene was turned over by the first responder to the
investigator.
8. Time the investigator arrived at the crime scene.
9. Time started/terminated processing of the crime scene by the
investigator and the SOCO.
10. Time the recovered evidence was turned to evidence
custodian.

45
 11. Time the investigator was dispatched.
12. Time of the arrival of SOCO team at the Crime Scene.

Persons of Importance

1. Victim - victim’s personal background/history and his/her

relationship with other people.
2. Witnesses - Get their statements without delay.
3. Suspects - Isolate them if there is absolute evidence against them.
4. Person who reported the crime - Remember that he probably has key
information. Check out his statement.
5. Persons who stand to gain by the death. This is a sensitive matter. Be
circumspect in your approach.
6. Relatives and other sources of information.

Things of Importance

1. Body of the deceased.

2. Properties or belongings of the deceased. Here, we may find motive.
3. Weapons – what in particular? Locate, list and record them as evidence.
4. Means of transportation
5. Sounds, shots, screams, arguments, or falling objects.
6. Odors – gunpowder, distinctive smell of poison, etc.
7. Items of evidence should be legally obtained and carefully
preserved.

d. Handling the suspect

1. Obtain the following evidence from the suspect:

a) The suspect’s clothing should be photographed, marked, and sent to the

crime laboratory for examination.
b) Any scratches on the suspect should be photographed.
c) Fingernail scrapings should be obtained.
d) Take blood samples from the suspect in a medically approved manner and
with proper legal justification.
e) Take hair samples.
f) Have the fingerprint technician check the paper money which may have
been taken from the victim’s house for the victim’s fingerprints.
g) Check the suspects personal effects very closely for items of evidentiary
value.
h) Obtain teeth mark impressions when appropriate.
i) Semen samples in rape or rape with homicide cases should be obtained
medically.
j) Consider polygraph examinations.

2. Never take a suspect or a subject to the crime scene in the clothing he was
wearing at the time he was arrested. (This includes shoes.) The accused lawyer may
later claim that the clothing was contaminated at the scene of the crime.

46
3. Attempt to ascertain the following:

a) The suspect’s mode of living as compared to the amount of his income.

b) The suspects mode of living before the crime as compared to his mode of
living after the crime. (Compare his financial condition before the crime with
his financial condition after the crime).
c) Compare his behavior before the crime with his behavior after t the crime.
d) Make a methodical and complete check of the suspect’s alibi.

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 Module 4: SPECIAL INVESTIGATION
TASK GROUP (SITG)

Murder and other crimes of violence almost always attract media attention
and public scrutiny. Yet, it has been noted by the PNP that there is a lack of focus
on the conduct of investigation. It is for this reason that the concept of activating
Special Investigation Task Groups was established. The SITG will ensure that there
will be full-time investigators to handle the case and that a record/case management
system is in place.
As mandated, a SITG shall be organized whenever a major case or crime
of violence occurs. The SITG shall conduct aggressive, concerted and sustainable
programs of action through strengthening the coordinating system among the
members of PNP, DOJ and other law enforcement agencies in order to properly
investigate major cases or crimes of violence.
Organizational Structure
a. Except when otherwise directed, the SITG shall be composed of the PNP
Provincial/City Director of the province/city where the incident happened who shall
be the Task Group (TG) Commander of the SITG while the Provincial Officer (PO) or
Chief of the local CIDU, CIDG shall be the Deputy TG Commander.
b. The SITG shall be composed of the Investigation Team, Technical/Legal
Support Team from Legal Service and Prosecutors, Admin/Logistic Team and a
Case Record Officer.
c. The Investigation Team shall be headed by the Provincial Officer or Chief of
the local CIDU of CIDG who shall be the concurrent Deputy TGC and the team shall
be composed of full-time personnel from the CIDU, Investigators the from local
Police Station, SOCO operatives from the local Crime Laboratory Office (CLO),
intelligence operatives from the Regional Intelligence Office (RIO) of PNP
Intelligence Group and the Chief of the Provincial/City Investigation and Detective
Management Section/Br/Div (PIDMD) of the concerned PPO/CPO.
d. The SITG shall have its own Public Information Officer (PIO) who shall be
responsible for the daily press releases on the developments of the case.
However, this does not prevent the Regional Director from making press statements
on the developments of the investigation.
Organizational Operation
a. The Regional Director shall immediately issue order organizing a SITG.
The PNP Provincial/City Director of the Province/City where the incident happened
shall be the Task Group (TG) Commander and the Provincial Officer (PO) of the
CIDU, CIDG shall be the Deputy TG Commander. The orders shall indicate
specifically the ranks and names of the personnel who will compose the SITG;

48
 b. The Deputy Regional Director for Operation (DRDO) shall supervise the
SITGs within the Police Regional Office;
c. The SITG Commander or the PNP Provincial/City Director of the area
where the incident happened shall ensure the successful investigation of crimes of
violence and prosecute the offender;
d. other members of SITG:
 Provincial Officer (PO) or Chief of the local CIDU, CIDG who shall be the
Deputy TG Commander, SITG and the Investigation Team Leader;
 Personnel from the local CIDU;
 Investigators from the local Police Station;
 SOCO teams from Crime Laboratory Office (CLO),
 Intelligence Operatives from Regional Intelligence Office (RIO), IG;
 The Chief or Action PCO from the Invest and Detention Management
Bureau of the concerned PPO/CPO;
 Technical/Legal Support Team from Legal Service and local Prosecutors;
 Admin/Logistic Team;
 Case Record Officer; and,

 Public Information Officer (PIO), shall support and provide assistance to the
SITG Commander on media matters
e. The members of the SITG Investigation Team shall be detailed on full-time
status and the orders shall indicate that they shall be relieved of all their other duties;
General Operational Procedures
a. Initial Actions
1) Aside from the usual investigative procedures, SITG shall immediately
validate and confirm the affiliations of the victims, issue press releases on a regular
basis and establish an On-Scene Command Post (OSCP) by putting up a tent or 84
similar structures or deploying a Mobile Investigation Van (if available) at/or near the
crime scene and shall ensure the presence/availability of the SITG Commander all
the time;
2) The OSCP shall be utilized by the SITG to conduct on-scene or on-
theground investigation. The tent or van shall be marked appropriately as “PNP
OnScene Command Post” and shall also be posted with the mobile phone or contact
numbers of the SITG Commander, Deputy/TGC/Investigator-on-case;
3) The OSCP shall be maintained for as long as necessary and shall only be
deactivated or transferred with the clearance and approval of the Regional Director;
and,

49
 4) The Police Station which has jurisdictions over the area shall be utilized as
alternate on-scene command post of the SITG;
b. Follow-up Actions
1) Follow-up efforts must give special focus to ascertaining/establishing
motive.
2) During follow-up operations, SITG shall conduct profiling of victims,
suspects and witnesses;
3) Conduct link/matrix analysis and exploit evidence and information;
4) The SITG shall, as much as possible, hold paramount the convenience of
witnesses when requesting for their testimonial evidence
Duties and Responsibilities of the SITG Members
a. Members of Investigation Team shall strictly observe the chain of custody
of evidence and flow of communications;
b. Members of SITG shall conduct case conferences with the DOJ
representatives in the area and other concerned agencies to resolve issues relative
to the investigation in order to strengthen the case;
c. Investigator-on-case shall initiate case build-up and follow-up investigation;
d. Investigator on-case shall consolidate all the forensic results, testimonial
documents and investigation report as well as the compliances of the members of
SITG;
e. Investigator on-case shall initiate the crime matrix analysis in coordination
with all members of SITG;
f. Investigator-on–case shall initiate the preparation of case folder with the
assistance of the other members of SITG;
g. Investigator on-case shall file the case before the court of proper
jurisdiction;
h. The Task Group Commander shall conduct case review as necessary;
i. All the case folders including pertinent documents must be kept by the case
record officers, with copies furnished the evidence custodian of the local police
station;
j. In case the investigator in-charge is dismissed or retired or separated from
the service, all remaining members of investigation team shall be responsible for the
court presentation of the case; and
k. Investigator on-case and other members of investigation team shall conduct
case tracking until the final disposition of the case.
Coordination with the Prosecutor and Other Agencies

50
 The need to coordinate with other agencies in the conduct of an investigation
cannot be over-emphasized and it is the very reason for creating a SITG. Thus, it is
important to remember that the Department of Justice (DOJ) had issued a
memorandum requiring their prosecutors to assist the PNP in the conduct of
investigation of major cases such as crimes of violence. The SITG must therefore
closely coordinate with their respective local Prosecutors office and ensure that a
Prosecutor is made a member of the Technical/Legal Support Team.
Representatives from other agencies must also be invited to the SITG as needed.

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 Module 5: INTERVIEW AND
INTERROGATION

a. Interview

1) Interview defined- an interview is the questioning of a person believed to

possess knowledge that is of official interest to the investigator.
2) Importance of Interview- interview in crime investigation is very important as
the person interview usually gives his account of an incident under
investigation or offers information concerning a person being investigated in
his own manner and words.
Basic assumptions: Nobody has to talk to law enforcers. No law compels a person to
talk to the police if he does want to. Therefore, people will have to be persuaded,
always within legal and ethical limits, to talk to law enforcers. This makes an
interviewing an art.
1. The person interviewed.
Consider:

a) His ability to observe.

b) His ability to remember
c) His ability to narrate
d) His mental weakness because of stupidity or infancy
e) His moral weakness because of drunkenness, drug addiction, his being a
pathological liar or similar factors.
f) Emotional weakness springing from such sources as family problems,
hatred, revenge and love.

2. The Interviewer’s Personal Traits

a) He must be a practical psychologist who understands the human psyche

and behavior.
b) He has a sincere interest in people. People who are reclusive generally
are not god interviewer.
c) He calms, has self-discipline, an keeps his temper.
d) He courteous, decent and sensitive.
e) He is self-assured and professional. He is tactful, i.e., he knows what to
say and how say it.
f) He is cordial and agreeable, and never officious. But he should avoid over
familiarity.
g) He is purposeful, persistent and patient. Some people just cannot be
rushed.
h) He is analytical

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i) He is flexible and cautious.
j) He is a good actor and conceal his own emotion.
k) He avoids third degree tactics and never deviates from the fundamental
principle that a person must be treated according to humanitarian and
legal precepts.
l) He keeps the rules of evidence in mind.

3. Planning the Interview. – In planning an interview, the investigator

should, as general rule, select place which will provide him a
psychological advantage. He should conduct the questioning as
soon as possible after the occurrence.

In planning the interviewer should consider:

a) The fact of the case which have been established so far.

b) The information needed to complete the picture.
c) The sources of the information that may be consulted such as files and
records.
d) The possibility of confronting the suspect with physical evidence.
e) The time available for interview.
f) The time allowed by law.

4. Preparation of the Interview. – Before interviewing a witness, the

law enforcer should mentally review the case and consider what
information the witness can contribute. If the case requires it, he
should acquaint himself with the background of the witness.

5. Time, Place and Surrounding Circumstances.

a) It is not always possible to fix the time and place of an interview, but since
memory is short, it is basic that an interview with the witness and
suspect(s) should take place as soon as possible after the commission of
the crime.
b) Interview of arrested persons should be made as soon as possible after
the arrest.
c) Conduct interview whenever possible in your own turf, i.e., your office.
d) Have an interview room where there will be privacy. It should be a plain
room and not bleak. There should be few furniture, and no distracting
pictures, calendars or similar items.
e) Arrange it so that there will be no interruption during the interview.
f) Suspects should be interviewed separately and out of sight and earshot of
each other.
g) If there are two interviewers, let one man be the prime interviewer.
h) Arrange chair so that window light falls on the interviewee and not the
interviewer.

53
i) The interviewer should adapt his speech to the style best understood by
the subject. In dealing with an uneducated subject, the interviewer should
use simple words and sentences.
j) Straight-back chairs should be used for both subject and interviewer.
Other type of chairs induces slouching or leaning back, and such positions
are not conducive to proper interviews.
k) The interviewer should remain seated and refrain from pacing about the
room.

6. Opening the interview.

a. The interviewer should identify himself and the agency to which he

belongs.
b. He should try to size up the interviewee and reach a tentative conclusion
about his type, then use the best interview approach.
c. He should keep in mind the provisions of the law regarding the rights of
the people under custodial investigation.

7. The Body of the Interview.

a. The interviewee should be allowed to tell his own story in his own words
without interruptions.

i. This allows for continuity and clearness.

ii. Range of interview is broadened.
iii. It helps the interviewee recall and relate events in their proper
order.

b. Interviewer should keep to the point at issue and should not wander too far
from it.
c. Interviewer should be alert for hearsay information so he can question the
interviewee on the matter later.
d. Do not interrupt a trend of ideas abruptly asking a question.
e. However, you may guide the interviewee with innocuous question such as,
“and then what did you do?”

8. Questioning

a) Dominate the interview. Be careful not to allow the interview to be the one
asking the questions.
b) Do not ramble. Have a reason for every question to asked.
c) Follow the order of time and bring out the facts 0in that order. This
technique is called “chronological question” and consider the easiest as
people tend to think in terms of what happened first, then second, then
third. The interviewer should go step by step in learning all the details

54
 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 of each material statement. It might be hearsay.
f) Keep your questions simple and understandable. Avoid double-edged or
forked questions.
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 one.
i) Ask important questions in the same tone of voice as the unimportant
ones.
j) As a rule, avoid trick 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 an officer.

9. Closing.

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 W’s and 1 H – what, where, when, who, why and
how.
b) The interviewer should always leave the door open for a re-interview.

Note: Although the words “interview” and “interrogation” have similar

meanings, there are those who prefer to use “interview” when questioning
suspects.

A philosophy of the Interview and Interrogation:

The RIGHT officer

asking the RIGHT questions
in the RIGHT manner
at the RIGHT time and in the RIGHT place
will get the RIGHT answers.

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 INTERROGATION

1. Interrogation Defined. – An interrogation is the questioning of a person

suspected of having committed an offense or of a person who is reluctant to
make a full disclosure of information in his possession which is pertinent to
the investigation.

2. Purpose of Interrogation:

a) To obtain information concerning the innocence or guilt of a suspect.

b) To obtain a confession to the crime from a guilty suspect.
c) To induce the suspect to make admissions.
d) To know the surrounding circumstances of a crime.
e) To learn of the existence and location of physical evidence such as
documents or weapons.
f) To learn the identity of accomplices.
g) To develop information which will lead to the fruits of the crime.
h) To develop additional leads for the investigation.
i) To discover the details of any other crime in which the suspect
participated.

3. Preliminary Conduct. – The interrogator should identify himself at the outset

and state in general the purpose of the investigation. He must advise the
suspect of his right against self-incrimination and inform him that he does not
have to answer questions and that, if he does answer, this answer can be
used as evidence against him. He must inform the suspect of his right to
counsel and that a state-appointed counsel will be made available without
cost to him if he so desires. The interrogator may not question the suspect
unless the latter has definitely waived his right to be silent. Ordinarily, the
investigator should be alone with the suspect and, of the latter’s lawyer, if he
has requested counsel.

4. The Interrogation Room. – The room should provide freedom from

distractions. It should be designed simply to enhance the concentration of
both the interrogator and the subject on the matter under questioning.

Interrogator techniques. – The following are some of the techniques

practiced by experienced investigators:

a. Emotional Appeals- Place the suspect in the proper frame of mind. The
investigator should provide emotional stimuli that will prompt the subject to

56
 unburden himself by confiding. Analyze the subject’s personality and decide
what motivation would prompt him to tell the truth, then provide those
motives through appropriate emotional appeals.

b. Sympathetic Approach- The suspect may feel the need for sympathy or
friendship. He is apparently in trouble. Gestures of friendship may win his
cooperation.

c. Kindness- The simplest technique is to assume that the suspect will

confess if he is treated in a kind and friendly manner.

d. Extenuation- The investigator indicates he does not consider his subject’s

indiscretion a grave offense.

e. Shifting the Blame- the investigator 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. 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 luck in gambling.

f. Mutt & Jeff – Two (2) agents are employed. 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.

II. CRIMINAL INTERROGATION

1. Types of Offenders and Approaches to be Used in Dealing with Them:

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.

2. Interrogation of Suspect Whose Guild is Definite or Reasonably Certain:

a) Maintain an attitude which shows that you are sure of yourself when you
conclude that the subject is indeed guilty.

(i) Don’t be very friendly with the subject and do not offer a
handshake.

57
 (ii) 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 include that your suspicion guilt is confirmed.
(iii) Interruption of questioning by the subject may indicate
innocence. Silence is equated with guilt.
(iv) Do not allow the subject to repeatedly deny his guilt.
(v) Assume that the subject is guilty and proceed to ask why he
committed the act, instead of wasting time on who did it.
(vi) When interrogating a “big shot”, it may be useful to lower his
status by addressing him by his first name, instead of using a
title of respect.
(vii) Remember that one who is trained in criminal interrogation is
easier to question than an ordinary criminal since he has less
confidence in himself as a liar.
b) 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.

c) Let the subject know that he is showing signs of deception, some of which
are:
(i) Pulsation of the carotid (neck) artery.
(ii) Excessive activity of the Adam’s Apple.
(iii) Avoiding the eye of the investigator, swinging one leg over the
other, foot-wiggling, wringing of the hands, tapping of fingers,
picking fingernails, etc.
(iv) Dryness of the mouth.
(v) Swearing to the truthfulness of assertions. This is frequently
used by guilty subjects to strengthen their assertions of
innocence.
(vi) “Spotless Past Record” – “Religious man”. These are asserted
to support statements which the subject knows, and realizes the
interrogator knows, to be false.
(vii) A “Not That I Remember” or “As far as I Know” expressed
should be treated as a veiled admission of half-truth.
d) Sympathize with the subject by telling him that anyone else under similar
conditions or circumstances might have done the same thing.

e) Reduce the subject’s guilt feeling by minimizing the moral seriousness of

his offense.

58
f) In order to secure the initial admission of guilt, the interrogator should
suggest possible reasons, motives or excuses to the subject.

g) Sympathize with the subject by:

(i) Condemning his victim. During the questioning, the interrogator

should develop the notion that the initial blame, or at least some of the
blame, for the time rests upon the victim.
(ii) Condemning the suspect’s accomplice. But the interrogator
must be cautious so that his comments are not misinterpreted by the
subject as leniency or exculpation from liability.
(iii) Condemning anyone else upon whom some degree of moral
responsibility might be placed for the commission of the crime.

h) In encouraging the subject to tell the truth, display some understanding

and sympathy.

(i) Show sympathy through a pat on the shoulder (usually reserved

for men who are either younger than or same age as the
interrogator, or emotional offender), or gripping the subject’s hand.
Care must be taken with female offender’s, who might consider any
physical contact with the interrogator as a sexual advance.
(ii) Tell the subject that even if he were your own brother (or any
other close relative), you would still advise him to speak the truth.
(iii) Convince the subject to tell the truth for his moral and mental
well-being.
(iv) The “friendly-unfriendly” act. This is much like the Mutt & Jeff
system discussed earlier. The only difference is that this act seems
more effective if done by a single interrogator playing both roles.
i) Point out the possibility of exaggeration on the part. Of the accuser or
victim or exaggerate the nature and seriousness of the offense itself.

j) Early in the interrogation, have the subject situate himself at the scene of
the crime or in some sort of contract with the victim or the occurrence.

k) 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 not been telling the truth.

59
 l) Appeal to the subject’s pride by well-selected flattery or by a challenge to
his honor. Flattery is especially effective on women subjects.

m) Point out the uselessness of lying.

n) Point out to the subject the grave consequences and futility of a

continuation of his criminal behavior.

o) Rather than seek a general admission of guilt, first ask the subjects a
question regarding some detail of the offense, or inquire as to the reason
for commission.
p) 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 persons have collaborated in the commission
of the crime offense and are later apprehended for questioning, there is
usually a constant fear on the part of each participant that one of them will
“talk,” in exchange for some leniency or clemency.

3. Interrogation of Suspect Whose Guilt is Certain:

a) Ask the subject if he knows why he is being questioned.

b) Ask the subject to relate all he knows about the crime, the victim, and
possible suspects.
c) 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 subject’s alibi.
d) Where certain facts suggestive of the subject’s 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 become very vulnerable when
confronted with the facts possessed by the interrogator.
e) At various intervals, ask the subject certain pertinent questions in a
manner which implies that the correct answers are already known.
f) Refer someone non-existing incriminating evidence to determine
whether the subject will attempt to explain it; if he does, that is the
indication of guilt.
g) 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 to his guilt.
h) In the theft cases, if the suspect offer to make restitution, that fact is
indicative to his guilt.
i) Ask the subject whether he is willing to take a lie-detector test. The
innocent person will almost always immediately agree to take

60
 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.
j) A subject who tells the interrogator, “All right, I’ll tell you what you
want, but I didn’t do it,” is, in all probability, guilty.

4. General Suggestions Regarding the Interrogation of Criminal Suspects.

a) Interview the victim, the accuser, or the discoverer of the crime

before interrogating the suspect.
b) 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.
c) Make no promises when asked, “What will happen to me if I tell the
truth?” A promise of leniency or immunity may induce an innocent
man to confess.
d) View with skepticism the so-called conscience-stricken confession.
e) When 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 also considered to be guilty.
f) An intelligent, 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.
5. Interrogation of Witnesses and Other Prospective Informants.
a) Give the witness a prospective informant an assurance that the
offender will not harm him or any members of his family, and that
there is a witness protection program specially designed to meet that
contingency when it becomes necessary.
b) If such witness or prospective informant refuses to cooperate with
the police, try to sever any bond between him and the offender, and
proceed to interrogate the witness or informant as if he were the
suspect.

61