CDI 22 Prelim Chapter 2 Essentials of Criminal Invetigation B
CDI 22 Prelim Chapter 2 Essentials of Criminal Invetigation B
CDI 22 Prelim Chapter 2 Essentials of Criminal Invetigation B
CDI 22 Special Crime Investigation 1 – with Legal Medicine – collection of this information requires the unique skill and ability to elicit facts
Chapter 2 that can be used uncover the truth, whether it comes from the victim, an eyewitness, or
a suspect in the crime.
ESSENTIALS OF CRIMINAL INVESTIGATION
2. Information from Things
Learning Objectives: At the end of this chapter, the student will be able to: – physical evidence often provides invaluable information to the investigator.
1. Define Criminal Investigation
2. Determine the Six Cardinal points of Criminal Investigation – this information cannot be used if the investigator does not understand and
3. Explain the Investigative Process recognize the strict rules for collecting, preserving, and presenting this evidence once
4. Explain the Process of Criminal Investigation it is discovered.
5. Enumerate the Criminal Investigator’s Responsibilities and Essential Qualities
– physical evidence consists of inanimate objects that cannot lie or flee. The
investigator must develop a keen sense of detail when concerning potential items of
The two most basic functions of police work are: the Protection of Life and evidence.
Property and the Maintenance of Peace and Order. When either or both of these
fundamental functions fail, the third basic task, Investigation, must be undertaken.
Relative Weight of Information
Criminal investigation is designed to bring the criminal to justice through the
identification and location of suspect/s, providing of proofs through the collection of Information from things – have given higher relative evidentiary value in the courts
evidence and analysis of information which all consist of reliable persons and things. It is throughout the world.
the criminal investigator who performs these critical tasks in the modern police department.
– firmly established the facts that cannot lie and not affected by
What is Criminal Investigation? emotion or motive
- it is the collection of facts in order to accomplish the three-fold aim: a.) to identify Balancing the Scale
the guilty party, b.) to locate the guilty party, and c.) to provide evidence to the suspect’s
guilt. It is the process of reconstruction of an event, which incorporates logical process of Verbal testimony must strike a balance with physical evidence before a criminal
deductive reasoning that leads to a conclusion based on specific facts. investigation is considered complete. A case heavily weighted in one direction or other
exclusively can result in a questionable outcome.
- the lawful, objective, logical search for people and things useful in reconstructing
the circumstances surrounding the commission of a crime. Unanswered Questions
Information vs. Evidence Variety of reasons of unanswered questions:
Careful gathering of information and the thorough evaluation of this information are 1. Incomplete information or confusion on the part of the victim due to trauma or stress
the two essential processes in criminal investigation. These will lead to a full understanding related to the offense.
of the connection between the crime, its victim and perpetrator, and the pieces of
evidence. 2. Missing or destroyed evidence due to accidental actions or in purpose on the part of
the victim and/or suspect. The victim of a rape case may feel the need to wash
Two sources of information before calling the police; thereby, innocently destroying valuable evidence. A
suspect may permanently dispose of a murder weapon; thereby, eliminating it as a
1. Information from People key piece of evidence.
– derived from people and may not always be admissible in a court of law.
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3. The suspect may confess to the crime but leave out pieces of key information in an
attempt to downplay his/her premeditation or to lessen the role they played in the Trace evidence that are tangible evidence
crime, particularly if there are accomplices.
1. Blood-stained clothes
4. Eyewitnesses to the crime may provide inaccurate information due to personal bias,
2. Empty bullet shells
confusion, or fear of retribution by the suspects.
3. Fingerprints
4. Other visible and less visible evidence
Six Cardinal Points of Criminal Investigation
1. What specific offense has been committed? Successful investigation is acquired if:
2. How the offense was committed?
1. A logical sequence is followed
3. Who committed it?
2. All physical evidence is legally obtained
4. Where the offense was committed?
3. All witnesses are effectively interviewed
5. When it was committed?
4. All suspects are legally and effectively interrogated
6. Why it was committed?
5. All leads are thoroughly developed; and
6. All details of the case are accurately and completely recorded and reported
Three independent factors the six cardinal is rooted
1. Motive – the reason that pushes the perpetrator to commit an act with a definite result in THE INVESTIGATIVE PROCESS
mind
The five steps of investigation process:
2. Opportunity – the chances or the occasion to commit the act
1. Identify and State the Problem
3. Means – the capability of the perpetrator to commit the act using the available tools at
hand Consider the Entire Problem
Stating the problem is more than saying that the perpetrator of a crime needs to be
“Proof beyond reasonable doubt” – the standard conviction in a criminal case in the United identified and arrested. A criminal investigator must identify and take into consideration the
States entire problem.
“Guilty beyond reasonable doubt” – the Philippines conviction is rooted on proving as Follow Legal Guidelines
accused.
Identifying, locating, and arresting the suspect through the use of illegal means
The Objectives of Criminal Investigation can result in justice not being served. To this end, the investigator must ensure that every
step take is within the established legal guidelines and the suspect’s rights are preserved.
1. To detect the crime. If these factors are not considered while stating the problem, an accurate picture is not
being painted.
2. To locate and identify suspects in crimes.
3. To arrest suspects in crime.
4. To recover stolen property.
5. To prepare sound criminal cases for prosecution.
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2. Form a Hypothesis provides numerous discrepancies when asked to repeat the facts as they occurred may
not be being totally truthful.
Apply Reasoning
Forming a Different Hypothesis
In order to form a hypothesis, an investigator must be able to apply some type of
reasoning to formulate an idea about how the crime was committed, a subject’s The investigator may need to form another hypothesis and take a different
involvement, or some other aspect of the crime. approach in the investigation. The investigator must be careful not to stubbornly refuse to
yield when the facts do not support his/her theory.
Examine Motive, Opportunity, and Means
Motive – is defined as that which causes a person to act in a certain manner 5. Draw Conclusions
Opportunity – simply be the occasion or chance to commit the crime in question The investigator must employ not only deductive reasoning, but more importantly
inductive reasoning to help reach the final conclusions concerning the witnesses,
Means – is generally the least important element to be considered, since the means to evidence, and motivations in the case.
commit crime can usually be available to a wide range of individuals.
The investigator should hopefully be able to draw some meaningful conclusions
concerning certain aspects of the case.
3. Observe and Experiment
The investigator should reach the conclusion that the accused is the person who
The newly developed hypothesis can be tested by observing individuals and their committed the crime being investigated, to the exclusion of all others.
actions to see if they support the hypotheses.
Standards Methods of Recovering Investigative Data as per PNP’s 2011 Revised Criminal
The hypothesis is put to further scrutiny by the search of this suspect’s Investigation Manual:
fingerprints, hairs, or other biological fluids among the items of evidence recovered from
the crime scene. a. Photographs
b. Sketching crime scenes
The investigator constantly re-evaluates the hypothesis by examining any and all
information that is obtained during the course of the investigation. c. Written notes (what you have seen or observed)
d. Developing and lifting fingerprints found at the crime scene
Additionally, the investigator’s hypothesis will also be tested for accuracy by other
investigators, supervisors, and eventually the prosecutor should an arrest be made. e. Gathering physical evidence
f. Plaster cast
4. Interpret Data g. Tape recording of sounds
h. Video tape recording of objects; and
Weighing the Data
i. Written statements of subjects and witnesses
The investigator looks at each interview conducted and determines what weight, if
any, each must be given.
The Evolution of the Criminal Complaint
Inconsistencies and Discrepancies
The Reporting of Crime
This same type of scrutiny must also be applied to the victim if inconsistencies are Crimes can be reported to the police in a variety of ways.
identified in the statement. Although some discrepancies are inevitable, a victim that
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1. By A Victim – the crime may be reported by the victim, such as robbery or assault. By 1. Confession – admission of the suspects on the offense committed; an excellent means
bringing the crime to the attention of the police, the victim has initiated the first of identification; It may come in judicial, extra judicial, involuntary, and
step in the investigation – notifying the police. voluntary types.
2. Eyewitness – made by several objective persons who are familiar with the appearance
2. By An Eyewitness – an eyewitness or another person may have knowledge of a crime of the suspect who personally witnessed the commission of the offense
that has been committed and notifies the police, or someone else, who brings it and who have personal knowledge of what had happened.
to the attention of the authorities.
3. By An Accomplice – an accomplice in a crime may confess his/her involvement in the 3. Circumstantial Evidence – established directly by proving their facts or circumstances
crime. from which either alone or in connection with other facts, the identity of the
perpetrator may be established.
4. By An Anonymous Tip – an anonymous tip may be provided by an unknown person
with the hope of having the police arrest the perpetrator, or simply enact revenge 4. Associate Evidence – links the suspect with the crime.
on an enemy or competitor, such as rival drug dealer.
5. By An Informant – an informant may provide information relating to a crime in order to
collect reward money. Phase II: Locate and apprehend the suspect.
Discovery of a Crime by the Police The crime perpetrator may not operate near his residence hence his flight from the
scene is merely a return home unless he is recognized during the commission of the
The police, in the course of an investigation, may uncover evidence of another crime. offense.
– it helps establish that a crime has been committed and attempts to identify the Factors to a Follow-up investigation that is performed by the investigator:
perpetrators.
1. Sufficient time available to conduct a thorough investigation of the crime
“The Golden Hour” – refers to the first 72 hours of a murder or kidnapping/abduction
investigation. 2. Detailed experience in investigating the specific crime, such as robbery, homicide,
or sex crimes
Phases in gathering all facts to have a successful investigation according to the PNP
Criminal Investigation Manual: 3. A particular familiarity with the type of crime committed and the specialized
equipment or particular Modus Operandi (MO) used, such as computer crimes
Phase I: Identify the suspects through: involving unauthorized access to financial or personal accounts.
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Responsibilities of the Follow-Up Investigator
– a well-trained, disciplined and experience professional in the field of criminal
Follow-up investigations – are traditionally assigned by a criminal investigation supervisor. investigation duties and responsibilities.
These assignments are usually based on investigative expertise (robbery,
homicide, case load, and/or area of responsibility). The responsibilities of the investigator include the following:
Criminal Investigator
Tools of Investigation
– as defined by the PNP Criminal Investigation Manual; is a public officer who is
The three I’s of investigation (PNP, 2011)
tasked to conduct the investigation of all criminal cases as provided for and embodied
under the Revised Penal Code/Criminal Laws and Special Laws which is criminal in
nature.
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1. Information – this refers to the data gathered by an investigator from either regular or Details to be included in the recording of the incident:
cultivated sources including the victim themselves; and from public and
private records; Modus Operandi Files, Arrest Records and Rogue 1. Nature of the action or offense
Gallery.
2. Date, Time, and Place of Occurrence
2. Interview – this refers to the skillful questioning of suspects and witnesses believed to 3. Names of the suspect/s, the victim/s, the witness/es, if any
possess knowledge that is of official interest to the investigator. It includes
4. Facts of the case
so called interrogations which are actually interviews that elicit information
from witnesses and volunteers, paid or confidential informants. 5. Significant circumstances that aggravate or mitigate the event of the crime should
be entered along with the identity of the officer to whom the case is assigned
3. Instrumentation – this refers to the use of forensic technology as a tool in the
examination of physical evidence using established methods. (Officer-on-case)
6. The status of the case
Protocols in Criminal Investigation
3. Investigation team and equipment
The PNP’s protocol to be observed in conducting an investigation:
All investigators in any police unit must be a graduate of prescribed investigation
1. Jurisdictional investigation of the territorial unit concerned
course with a rank of PCpl (pre-requisite to assignment) (PNP 2011).
The Police Station, which has territorial jurisdiction of the area where the crime
incident was committed, shall immediately undertake the necessary investigation and
Composition of Investigation Team:
processing of the crime scene, unless otherwise directed by higher authorities for a
certain case to be investigated by other units/agency.
1. Team Leader
2. Investigator/recorder
3. Photographer
4. Evidence custodian; and
2. Official Police Blotter
5. Composite illustrator/Artist
Police Blotter – is an 18” x 12” logbook with hard-bound cover that contains the daily
register of all crime incident reports, official summary of arrests, and
Equipment of the Investigator:
other significant events reported in a police station. All crime incidents
must be recorded in the official police blotter.
1. Police line
Separate Police Blotter – shall be maintained for offenses requiring confidentiality like 2. Video camera
violence against women and children and those cases involving a child in
3. Voice recorder
conflict with the law to protect their privacy pursuant to R.A 9262 (Anti-
Violence Against Women and Children Act of 2004) and R.A 9344 4. Camera
(Juvenile Justice and Welfare Act of 2006).
5. Measuring device
Duty Officer – shall record the nature of the incident in the police blotter containing the 6. Gloves
five “Ws” (who, what, where. when and why) and one “H” (how) of the
7. Flashlight
information and inform his superior officer or the duty officer regarding the
occurrence of such incident. 8. Fingerprint kit
9. Evidence bag
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10. Evidence tag b. That the declaration refers to the cause and surrounding circumstances of such
death;
11. Evidence bottles/vials
c. That the declaration relates to facts which the victim is competent to testify to;
12. Investigator’s tickler (containing the following) d. That the declaration is offered in a case where in the declarant’s death is the
subject of the inquiry.
a. Investigator’s checklist
b. Anatomical diagram form 8. Evacuate the wounded to the nearest hospital using emergency services;
c. Evidence checklist
d. Turn-over receipt 9. Account for the killed, wounded and arrested persons for proper disposition;
11. Brief the investigator-on-case upon arrival and turn over the crime scene
12. Conduct inventory on the evidence taken at the crime scene; inventory receipt
should be properly signed by the first responder, SOCO and the investigator.
7. Prepare to take the “Dying Declaration” of severely injured persons with the
following requisites;
Suspect or Suspects – individuals who is/are pointed to by the victim/s and witnesses to
have had committed the crime in issue. Subject person is not 9. Preparation of reports and filing of charges
considered as a criminal unless otherwise his/her conviction is
pronounced in the court. The investigator-On-Case shall submit the following (PNP 2011)
If the investigator is morally offended by the crime committed and reveals this fact,
UNDERSTANDING CHARACTERISTICS OF HUMAN NATURE the lines of communication may shut down. Regardless of how heinous the crime is, the
investigator must always act in a professional manner and not allow their emotions to be
General principles for the investigator’s advantage in recognizing the occurrence and exposed to the suspect.
adjust their strategy:
A. People May Lie Ex. An investigator must be faced with interviewing a suspected child molester or
pedophile. Although the investigator will probably find this act to be repulsive and
Reason for Lying disgusting, he cannot reveal his true feeling to the suspect, particularly if they
expect to engage him in incriminating dialogue.
1. Freedom 3. Reputation
2. Money 4. Protection D. Personal Biases or Prejudice
- is a factor that all investigators must take into account as they go about their
work. Everyone has their own personal biases which influence them in their everyday
Maintaining Self-Control
lives. Often, we are unaware of the influence that our biases have on our actions and
decisions.
- the investigator must always maintain a high level of professionalism and
never lose their self-control.
- simply means that you probably do not like the same things that the person
sitting next to you like (as well).
- the investigator must not show their own emotional vulnerability, the suspect
may gain the upper hand.
- many times, it is simply an opinion, not necessarily based on a scientific fact
or a study. In other words, sometimes you simply like or dislike something without
- the investigator must not lose control when someone lies, for the next time he
being able to articulate why. However, the most common bias is one based on
will talk to this suspect, he will lost some degree of rapport.
personal preference, for whatever reason.
- a good investigator simply realizes that “being lied to” is an inevitable part of
Group Perception
doing business in law enforcement.
Personal biases shape the way people view things by having them focus on
certain elements while screening out others. To this same end, one can most likely draw
B. Man is a Creature of Habit
the logical conclusion that groups of people with likely backgrounds tend to see things the
same.
The use of Modus Operandi (MO) is based on this principle. MO is the way a
criminal commits the crime step-by-step. It is the outward behavior, not a mental process.
In a similar fashion, persons who have similar experiences and backgrounds tend
to develop common beliefs and attitudes. These attitudes cause them to filter out certain
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types of information and become highly sensitive to other types of information. This is due Crime Scene Investigation – refers to the post-incident police operational procedures
to common experiences, age, professional backgrounds, education, or socialization. undertaken at the crime scene when a crime has been committed.
Basic Components and Process the Crime Scene Investigation Three components of crime investigation according to the 2011 PNP Manual on
Investigation on Crimes of Violence and other Crimes:
The following are different types of crime scene according to time of commission,
location, and source of evidence. 1. First Responder
2. Investigator-on-Case
3. Scene of Crime Operations
First Responder
According to Time of Commission
- are members of the police, military, fire, medical teams, and other volunteer
1. Day Time Crime Scene – from sunrise to sunset (6:00AM to 6:00PM) organizations who are expected to be the first to respond to calls for assistance in cases of
incidents involving explosives.
2. Night Time – from sunset to sunrise (6:00PM to 6:00AM)
The four main tasks of the first officer on the scene are:
According to Location
1. To give first aid;
1. Indoor crime scene – affords the crime scene protection from weather and allows
investigators to take time and process the scene in a slow and methodical manner, 2. To apprehend the suspected offender
without concern for weather influences.
3. To protect and if necessary, collect and preserve evidence; and
2. Outdoor crime scenes – must vulnerable to weather condition and present more 4. To cordon off and protect the area
problems.
Investigator-on-Case
3. Continuing/mixed crime scene – from indoor to outdoor and/or vice versa
- refers to the duty investigator duly assigned or designated to conduct the inquiry
4. Special Location – the most difficult to handle because of its nature, it needs special of the crime by following a systematic set of procedure and methodologies for the purpose
support resources to process; ex. Includes vehicle, airplane, drum, septic tank, etc. of identifying witnesses, recovering evidence, arresting and prosecuting perpetrators (PNP
2011).
Investigator-
on-Case check
Investigator-on- crime scene
Incident Report First responder Case arrived at the
proceeds to the
Conduct of before cordon
Crime Scene is lifted
Crime Scene SOCO by Crime
Laboratory
h. Inform the duty investigator (preferably one team of investigators). 1. Receive the crime scene from the first responder
2. Record time/date of arrival at the crime scene, location of the scene, condition of
2. At the crime scene the weather, condition and type of lighting, direction of wind and visibility.
First responder – shall perform his duty and in addition, check the condition of the victim
while the other members of the first responders shall simultaneously 3. Photograph and/or video the entire crime scene
secure the area by putting a police line or any material (like ropes,
straw and etc.) 4. Before entering the crime scene, all investigators must put on surgical gloves.
A. If in serious condition 5. Before touching or moving any object at the crime scene in a homicide or murder
case, determine first the status of the victim, whether he is still alive, the
a. Bring the victim immediately to the nearest hospital using emergency services; investigator should exert effort to gather information from the victim himself
b. Photograph and make a sketch of the victim (if the victim is dead); regarding the circumstances of the crime, while a member of the team or someone
must call an ambulance from the nearest hospital. Before removing the victim,
c. Get the dying declaration; if necessary (ask 3 questions)
mark, sketch and photograph his/her relative position. Only a coronel or a medical
1. What is your name and address? examiner shall remove the dead body unless unusual circumstances justify its
immediate removal.
2. Who did this to you?
3. Do you think the wounds you received are fatal? 6. Designate a member of the team or ask other policemen or responsible persons to
stand watch and secure the scene and permit only authorized persons to enter the
B. If not in serios condition same.
a. Bring the victim immediately to the nearest hospital using emergency services; 7. Identify and retain for questioning the person who first notified the police, and other
b. Get the identity and other data of the victim; possible witnesses.
c. Get the initial interview from the victim
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8. Determine the assailant through inquiry or observe him if his identity is
immediately apparent. Arrest him if he is still in the vicinity. Carefully protect any impression of evidentiary value in surfaces conducive to making
casts or molds. If possible, photograph the impression and make a cast or mold.
9. Separate witnesses in order to get independent statements.
Note stains, spots, and pools of liquid within the scene and treat them as evidence.
B. Recording Treat as evidence all other items, such as hairs, fibers, and earth particles foreign to
the area in which they are found.
- the investigator begins the process of recording pertinent facts and details of the
investigation the moment he arrives at the crime scene. (He should record the time when
he was initially notified prior to his arrival) Proceed systematically and uninterruptedly to the conclusion of the processing of the
scene. The search for evidence is initially completed when, after a thorough
- he also writes down the identification of persons involved and what he initially examination of the scene, the rough sketch, necessary photographs, and investigative
saw. notes have been completed and the investigative has returned to the point from which
the search begin.
Further search may be necessary after the evidence and the statements obtained
have been evaluated.
- he also draws a basic sketch of the crime scene and takes the initial photograph
(if a photographer is available, avail his services). This is to ensure that an image of the In large outdoor areas, it is advisable to divide the area into strips about four (4) feet
crime scene is recorded before any occurrence that disturbs the scene. wide. The policeman may first search the strip on his left as he faces the scene and
then the adjoining strips.
As a rule, do not touch, alter or remove anything at the crime scene until the
evidence has been processed through notes, sketches and photograph with proper
It may be advisable to make a search beyond the area considered to be the
measurements.
immediate scene of the incident or crime.
After completing the search of the scene, the investigator examines the object or
C. Searching for evidence
person actually attacked by the offender.
Each crime is different, according to the physical nature of the scene and the crime or
In a homicide case, the position of the victim should be outlined with a chalk or any
offense involved. Consequently, the scene is processed in accordance with the
other suitable material before the body is removed from the scene. If the victim has
prevailing physical characteristics of the scene and with the need to develop essential
been pronounced dead by a doctor or is obviously dead, it is usually advisable to
evidentiary facts peculiar to the offense.
examine the body, the clothing and the area under the body after the remainder of the
scene has been searched.
In rooms, buildings, and small outdoor areas, a systematic search of evidence is
initiated (in the interest of uniformity, it is recommended that the clockwise movement
be used).
D. Collection of Evidence
You should give particular attention to fragile evidence that may be destroyed or - is accomplished after the search is completed, the rough sketch finished, and
contaminated if it is not collected when discovered. photographs taken. Fragile evidence should be collected as they are found.
If any doubt exists as to the value of an item, treat it as evidence until proven - all firearms (FAs) found to have tampered serial numbers (SNs) shall be
otherwise. automatically subjected to macro etching at the Philippine National Police Crime
Laboratory (PNP-CL). A corresponding request to the Firearms and Explosive Office
Ensure that the item or area where latent fingerprints may be present is closely (FEO) must be made for verification purposes.
examined and that action is taken to develop the prints.
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A list of all persons who came into possession of an item of evidence, continuity of
possession, or a chain of custody, must be established whenever evidence is presented in
- the investigator places his initials, the date and time of discovery on each item of court as an exhibit.
evidence for proper identification. Items that could not be marked should be placed in a
suitable container and sealed. As a rule, all seized evidence must be in the custody of the evidence custodian
and deposited in the evidence room or designated place of safekeeping.
E. Markings of Evidence
J. Transmittal of Evidence to the Crime Laboratory
- any physical evidence obtained must be marked or tagged before its submission
to the evidence custodian. These are information to ensure that the items can be identified The following principles should be observed in handling all types of evidence (PNP 2011).
by the collector at any time in the future.
1. The evidence should reach the laboratory in same condition as when it was found,
Markings on the specimen must at least contain the following: as much as possible.
a. Exhibit Case Number 2. The quantity of specimen should be adequate. Even with the best equipment
available, good results cannot be obtained from insufficient specimens.
b. Initials and/or signature of the collecting officer
c. Time and date of collection 3. Submit a known or standard specimen for comparison purposes.
Example: firearms for ballistics examination, hair strands etc. 6. The chain of custody of evidence from the time it is collected until it is produced in
court. Any break in this chain of custody may make the material inadmissible as
evidence in court.
G. Preservation of Evidence
H. Releasing of Evidence
All collected evidence can only be released upon order of the court of prosecutor,
as the case maybe.
I. Chain of Custody