Module-for-Inves-Intel 2
Module-for-Inves-Intel 2
Module-for-Inves-Intel 2
A. COURSE DESCRIPTION: The course covers the basic principles on relevant Laws, Constitutional Rights, New Rules on
Evidence and Criminal Procedure in relation to investigation. It includes the entire perspective of intelligence operations
and organization, and the different methods of gathering and collecting of information. The different methods of Extracting
Information, the different instruments to aid the investigation, Crime Scene Processing, Arrest. Search and Seizure, Cyber
Warrant, Wiretapping, the making of investigation reports, Case build up and the preparation of evidence for court
presentation.
B. COURSE OBJECTIVES: At the end of the course, the students should be able to:
1. State the foundation or the basic principles of criminal investigation ;
2. Explain the legal sanctions and/or requirements that should be observed in conducting investigation of criminal
cases;
3. Identify, enumerate and discuss the elements, tools and phases of criminal investigation;
4. Discuss the standard processes and techniques of identifying, tracing, locating, and apprehending suspects
including the systematic method of collecting and preserving evidence; and
5. Appreciate the importance of utilizing scientific knowledge in the field of criminal investigation for successful
detection and prevention of crimes.
C. REQUIRED TEXTBOOKS: Fundamentals of Criminal Investigation by: Oscar Gatchalian Sriano and PSSUPT EMMA
GALERO-MUFTUOGLU, PHD,LLB
Other References: PNP Handbook of Criminal Investigation and Detection w/ Criminal Evidence and PNP Field Manual on
Investigation of Crimes of Violence and other crimes (2011)
BY:
Prof. MANUEL M MERCADER, RCrim., MSCA
P/MAJOR (Ret.) PNP
Department Program Head
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
MODULE 1 (Topics)
Learning Objectives:
At the end of this topic, the student will be able to describe the origins of criminal investigation during Industrial Revolution, Explain
how science and technology began to influence crime detection and enumerate individuals who made specific contributions to the
development in the field of forensic science.
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
INTRODUCTION
Crimes Takes place in almost any form everywhere and affects everyone in some way. When victims are assaulted or when perpetrators
are apprehended, these individuals suffer together with their families and love ones. When violent incident occur in the communities, residents
feel the threat of danger. When crimes affect businesses, owners raise the prices of their commodities and services, thereby passing the cost of
their losses to customers. High crime rates affect public safety and the economy country.
According to the Philippine National Police (PNP), a total of 1, 033, 833 crimes were reported in 2013 (Corrales, 2014). It is the
responsibility of the police to investigate these incidents in order to solve the crime, give justice to the victims, and restore peace and order. To
effectively accomplish this, a police officer must be brave, patient, dedicated, objectives, inquisitive and imaginative. He or she must be
results-oriented and able to embrace change, tough assignments and new challenges.
Criminal Investigation is a complex and sophisticated field. It involves a variety of methods such as questioning witnesses and possible
suspects, searching the crimes scene for physical evidence, sharing information with other law enforcement agencies, and/ or enlisting the aid
informants or the general public in ongoing investigation. It combines art and science, and involves probing several different fields at once.
The roots of criminal investigation can be traced back to the early times in Asia and the Middle East, where government agents used
torture and other means to identify criminals. During England’s Industrial Revolution, populations of peasants from the country side trooped to
larger towns and cities, resulting in increasing number of crimes. Law enforcement officials were forced to recruit thief catchers (some of which
were mercenaries themselves) to aid in locating criminals. In 18 th century England for example, Jonathan Wild operated simultaneously as a
law enforcer for London’s authorities and as a criminal in its underworld. While operating a brothel for thieves and cut-throats and receiving
stolen property, he served as an undercover operative acting as a middleman who restored lost property (Osterburg & Ward, 2010).
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
The earliest police force in England was first establish in 1253 and lasted until 1829. These constable who work only at night were first
known as the “WATCH OF ENGLAND”, then later as the “OLD CHARLEYS”. In the 1750’s the novelist Henry Fielding was appointed as
Chief Magistrate. He subsequently appointed parish constable who became successful thief takers and later became known in 1750’s as the
“BOW STREET HUNTERS”. It was the first well-known investigative body in England (Lyman, 2011)
The Bow Street Runners offered a more coordinated and structured approach to policing, although their methods of investigation and
detection remained similar to those of the craft practice by the entrepreneurial thief taker. They used a suspect-centered method of detection,
which involved the rapid pursuit and arrest of suspects with the help of witness and informants. To this day, the used of informants remains
central to detective work. Henry Fielding also introduced new approaches investigation such as proactive raids and newspaper advertisements
to encourage victims of robbery to come forward and identify suspects in custody. A criminal records office was also established containing
details of the activities of the Runners. The use of such proactive strategies and the compilation and storage of intelligence reflect the Runner’s
scientific approach to investigation (Tong, Bryant, & Horvath, 2009)
In 1829, Sir Robert Peel founded the London Metropolitan Police Department as the world’s first paid and full time police force. They
replaced the old constables and the Bow Street Runners who had ultimately gained a reputation for incompetency and inefficiency. These
officer were Bobbies and were required to meet rigid standards of professionalism, including minimum weight and height requirements
standards of literacy and character (Lyman, 2011).The prevention of crime was its primary task. However, the substantial increase in public
service detectives was marked with suspicions of incompetence and corruption. For a long time since then the challenge for police has
consistently involved corruption and the reluctance to put premium on education and training. (Tong, Bryant, &Horvath, 20009).
In 19th century, technology in crime detection began to flourish with the creation of a personal identification system by Alphonse
Bertillon. In the mid-1840’s, the study of the fingerprint patterns became a popular means to identify suspects in crime (Lyman, 2011). In 1892
England, Sir Francis Galton published Fingerprints, a landmark book that led to the identification of criminals based on fingerprint evidence
found at the crime scene. Other scientific developments were applied to the examination of physical evidence, including the use of comparison
microscopes, blood stain analysis and firearms identification. This led to the establishment of the first police laboratory by Edmond Locard
in 1910 in Lyon, France. The extension of crime laboratories in other cities were slow, but was later coupled with the creation of university
programs in criminalistics (Osterburg & Ward, 2010).
By this time, police departments have become formally organized, and the use of informants in criminal investigation has been supplemented
by interrogations and other methods to secure confessions. The term “third degree” has thus employed to characterized the then widely
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
used extraction of confessions accompanied by brute force. Eventually, this was banned by the US Supreme Court in 1890. One significant
development in the field of criminal investigation in the US is the establishment of the Federal Bureau of Investigation (FBI) in 1924. Today the
FBI is one of the many federal investigative agencies that has made great strides in professionalizing the field of criminal investigation (Lyman,
2011).
JONATHAN WILD a reformed criminal, became London’s most effective criminal investigator. He became the most famous thief-catcher in
1720s. His methods popularized the idea of employing a thief to catch a thief. He introduced the idea of charging a fee for locating and
returning stolen property to its rightful owners.
SIR JOHN FIELDINGthe younger brother of Henry Fielding, took control of Bow Street Court. His investigators were then called Bow Street
Runners and they were quite effective because of his personal guidance although he was blind. He introduced the practice of developing
paid informants, printing wanted notices, employing criminal raids, and bearing firearms and hand cuffs
PATRICK COLQUHOUNa prominent London resident, proposed the unique idea of creating a sizable uniformed police force to secure the city
of London as an answer to the alarming increase of criminality.
EUGENE ‘Francois’ VIDOCQ a former convict who became a Paris investigator, founded BRIGADE DE LA SURETE (now known as Surete
Nationale) which became the national detective agency of France. Vidocq popularized the principle of “set a thief to catch a thief”. He also
introduced the concept of “trade protection policy”, which became the forerunner of our credit card system.
The study of criminal investigation involves fundamental understanding of forensic science, which can be broadly defined as the application
of science to law. This section touches on the development of the field. Below is a list of individuals who made specific contributions to make
the field a coherent discipline that could be practically applied to the criminal justice system (Saferstein, 20011, pp. 6,8)
Make a research on the above mentioned named of pioneers who contributed in the development of forensic science and write it on a
yellow pad paper or long bond paper.
MODULE 2 (Topics)
- What is Investigation?
- Is Investigation an Art or Science?
- Objectives of Criminal Investigation?
- The Phases of Investigation?
- The Golden Hour in Crime Investigation
- The Criminal Investigator
- Responsibilities of Criminal Investigator
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Learning Objectives:
At the end of this topics the student will be able to define investigation; Enumerate the six (6) cardinal points of investigation; Explain
whether criminal investigation is an art or science; Enumerate and explain the objectives and goals of criminal investigation and the importance
of “The Golden Hour” in crime investigation; Enumerate the responsibilities and essential qualities of an investigator; Enumerate the tools of
investigation and the basic equipment of the investigator and the protocols to be observed when conducting investigation and lastly the
procedures in conducting police intelligence to identify and locate the probable suspect.
WHAT IS INVESTIGATION?
The PNP Criminal Investigation Manual defines “INVESTIGATION” as the process of inquiring, eliciting, soliciting, and getting vital
information, facts and circumstances in order to establish the truth. “Criminal Investigation” is therefore the collection of facts in order to
accomplish the three (3) fold aim: (a) TO IDENTIFY THE GUILTY PARTY, (B) TO LOCATE THE GUILTY PARTY, and (c) TO PROVIDE
EVIDENCE FOR HIS GUILT (PNP, 2011).
Criminal Investigation is considered a reconstructive process. It uses the logical process of DEDUCTIVE REASONING and INDUCTIVE
REASONING in which a conclusion follows from specific facts.
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
• DEDUCTIVE REASONING- Equally important, however, is evidence establishing innocence. Criminal Investigation is a
reconstructive process that uses DEDUCTIVE REASONING. It is a logical process in which a conclusion follows from specific facts.
Based on specific pieces of evidence, investigators must establish proof that a suspect is guilty of an offense. For example, finding the
suspect watch at the scene of the burglary is one of evidence that support the premise that the suspect was at the scene. An issue that
might arise is whether the watch could have been planted there. Investigators need to anticipate what issued might arise and what
evidence is needed to support the prosecutor’s case. All issues in dispute must be supported by evidence. The more evidence an
investigation yields, the stronger the proof of guilt.
•
• INDUCTIVE REASONING- going from the generation and establishing it by gathering specific facts.
• Example of (INDUCTIVE)
• Investigator responded to the crime scene, finds dead man w/ a revolver in his hand (fact) and a suicide note on the table (fact).
The officer might infer that the man committed suicide. He might also hold the “OPINION” that the people who commit suicide are
cowards. This “opinion” is irrelevant to the investigation. The “INFERRENCE” however is critical. If the officer formulates a theory about
the death based on suicide and sets but to prove the theory correct, much information and evidence may be ignored. This is known as
“inductive reasoning”, going from the generalization and establishing it by gathering specific facts. (Recall that criminal
investigation is a reconstructive process that uses deductive reasoning.)
Criminal Investigator establish proof that a suspect is guilty of an offense based on specific pieces of evidence (Hess & Othmman,
2010). The investigative process involves the gathering and evaluation of information and evidence. Both are essential in order to
understand the connection between the crime, its victim and perpetrator, and the pieces of evidence. The investigator must seek to
establish the following SIX (6) CARDINAL POINTS OF INVESTIGATION, which is the 5W’s and 1H. (What, When, Where, Who,
Why and How).
These cardinal points of investigation are anchored on the theory of crime, which involves three interdependent factors, namely; The
Motive, the opportunity and the means.
Motive is defined as the reason which pushes a person to commit an act with a definite result in mind. It is not an element of the crime
but may be useful when the identity of the offender is unknown.
Opportunity refers to the chance or occasion to commit the crime.
Means is the capability of a person to commit a crime using available tools at their disposal.
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Even if an individual has the motive but doesn’t have the means and the opportunity, he/she cannot consummate a crime. These three
things are interdependent, and the absence of one would not result into a crime.
Criminal Investigation can be considered both an art and a science. It is considered a science because as gatherer of facts, the
detective must develop hypothesis and draw conclusions based on available information. The investigative process involves
comprehensive activity involving information collection, crime scene management, investigative interviewing, informant
handling, offender profiling, the application of logic, the exercise of sound reasoning, and other scientific approaches
(Senneewald & Tsukayama, 2006).
There is also an art in criminal investigation, especially evident to experienced detectives who demonstrate brilliant insight and
intuition, and do not rely merely on theories taught in classrooms and books. The art in detective work involves intuition and instinct
regarding problem solving. It can be seen in detective’s ability to separate the false from the genuine and identify effective and creative
lines of inquiry. An investigator practices the art of detective work by reading the behavior, motivation and strategies of those who
“commit or witness a crime. Beyond academic degrees, specialized training or book learning, it means being able to “read the street”.
(Tong, Bryant, & Horvath, 2009).
The true objective of criminal investigation is the conviction of the participants and the ending of the criminal activity (Kilfeather, 2011).
However due to the changing nature of such activities, this goal becomes more complex. The objectives of criminal investigation are more
clearly enumerated below (Kilfeather, 2011).
To detect crime
To locate and identify suspects in crime
To arrest suspect in crime
To recover stolen property
To prepare sound criminal cases for prosecution
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
1. CONFESSION- admission of the suspect on the offense committed; an excellent means of identification; It may come in judicial,
extra-judicial, involuntary types.
2. EYEWITNESS- made by several objective persons who are familiar with the appearance of the suspect who personally witnessed
the commission of the offense and who have personal knowledge of what happened.
3. CIRCUMSTANTIAL EVIDENCE- established directly by proving other facts or circumstances from which either alone or in
connection with other facts, the identity of the perpetrator may be established.
4. ASSOCIATE EVIDENCE- links suspect with a crime.
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 offense.
Phase III: Gather and provide evidence to establish the guilt of the accused:
“The Golden Hour” in crime investigation refers to the first 72 hours of a murder or kidnapping/abduction investigation (PNP, 2011).
Actions undertaken at this period deal with the initial response to a crime scene and the initial investigation undertaken, including the conduct of
interviews and profiling. It is the most crucial time for the investigator to collect vital evidence and information.
The actions of the police in solving the crime in this critical time is mostly cited as one of the weaknesses within the investigative
process which is prone to error mostly in the response in terms of crime scene and evidence protection and evidence collections.
The PNP Criminal Investigation Manual defines a criminal investigator as a public safety officer who is tasked to conduct the
investigation of all criminal cases as provided for and embodied under the Revised Penal Code/Criminal Laws and Special Laws which are
criminal in nature. He or she is a well-trained, disciplined and experienced professional in the field of criminal investigation duties and
responsibilities (PNP, 2011).
In essence, the responsibilities of the investigator include the following (Osterburg & Ward, 2010, pp. 5-6):
Cases in criminal investigations are normally assigned by a criminal investigation chief or supervisor, or through rotation in shifting
basis. These assignments are usually based on investigative expertise (such as violent crimes of murder, homicide, abduction, sexual assault,
violence against women and children, bombing, robbery, theft, fraud etc.) case load, and /or area of responsibility.
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
It is the responsibility of the investigator to address every step of the investigation in a manner that the legal system will support. Once
the investigator receives a case for investigation, he or she becomes personally responsible for the following:
Becoming thoroughly familiar with the initial report and determining what leads have been identified and what activities
might produce additional leads
Profiling of the suspect and victim in terms of affiliation, occupation, nationality and criminal background, through
dwelling, search, seizure and analysis of records, computer and mobile phone exploitation, CCTV footages, family and
friends, and collection of information from other authorities
Evaluation pieces of evidence collected in the case and what exploitation should be done
Coordination with other groups of crime responders and other agencies in order to determine if there is any additional
information that may not be reflected in the initial report, and to help clarify information contained in the initial report
Identifying the modus operandi (MO) and attempting to associate it with other reported cases with the end goal of
identifying a suspect
Evaluating the legal significance of any victim and witness statements, and determining which individuals need to be re-
interviewed
Collecting additional evidence that may have been overlooked during the preliminary investigation
Attempting to identify and arrest a suspect based on a review of all of the facts, circumstances, statements and evidence
connected with the case
Other than being adequately prepared, an effective criminal investigator much possess and develop certain essential qualities such as
the following:
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
1. Team Player- effective investigators are good team players. They are willing to share information, knowledge, and experience.
They take the initiative to keep other team members informed of the development of their case
2. Communication Skills - An investigator much be thoroughly skilled in both oral and written communication in order to obtain all
information from a witness or obtain a confession from a suspect. Intuition is sometimes described as a “sixth sense” that police
officers develop, which frequently results in “hunches” concerning how a crime was committed or by whom, and/or where and when
the next one will occur. Intuition is not something that can be taught, but is instead something that an investigator develops with
time and experience. Drawing on experiences and training, the investigator forms a subconscious thought process that is frequently
hard for someone outside the profession to understand or clearly define.
3. Street knowledge – A criminal investigator should be knowledgeable of the environment and demographic profile of his
environment as this is a source of information which is a material tool for an effective planning.
4. Observation Skills – A criminal investigator will often see things in a different light than the ordinary person. Drawing on training
and experience, the investigator will frequently notice clues that would not be noticeable to just anyone. The investigator will
routinely note subtle details about an individual that would normally go unnoticed. This is a skill that can be developed with time and
practice. This same type of training can be employed personally, simply buy concentrating of details and practicing this
concentration consistently.
5. Self-Discipline – A high degree of self-discipline guides the investigator’s behavior to ensure that only legally acceptable and
ethical methods of investigation are utilized to solve cases. A successful investigator is always alert, gives attention to details, and
never leaves anything to chance that might jeopardize the successful prosecution of the case.
6. Reasoning Ability – The investigator should have the ability to draw a conclusion on the suspects and their MO’s based on
evidence discovered in the course of an investigation. Police officers, especially new officers, are told not to include opinions in their
reports. However, criminal investigators are, by the nature of their job, required to develop opinions. Investigators should realize or
admit that his or her bias can influence their course of action.
7. Stability Under Pressure – An investigator should be able to handle pressure from his superiors, victims and their families, the
media, and other anti-organized crime community watch groups.
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
8. Organizational Abilities – The nature of investigative work demands that the investigator possess and practice some form of
organization of information. This information includes written reports, witness statements, photographs, past MO’s, crime reports
and crime analysis information. All of these details must be organized in a useable form in order to allow the investigator to fully
utilize the information. Likewise, this organization must carry over into the final investigative report in order to allow the prosecutor
to follow and understand the case. Lastly, at trial, the investigator must be able to convey all of these pieces of information in an
understandable chronological sequence in order for the court to reach the same level of understanding and conclusions as the
investigators. This trait can also be developed and is often enhanced through the supervisory skills of the investigator’s superior
officer.
9. Persistence – A good criminal investigator is persistent and does not readily accept an answer that does not fit the facts. This
persistence frequently outlasts the criminal and eventually a break will develop. There will be times when the investigator is not
absolutely sure who the culprit is or if the culprit is absolutely guilty. A good investigator seeks out the correct answers and does not
easily give up.
10. Investigative Ethics - This is the foundation upon which an investigator’s reputation and credibility is built, which also affects the
entire organization. An investigator must always perform his or her job in a professional and ethical manner. Lying or distorting the
facts is never an acceptable practice.
11. Legal Knowledge – A successful investigator must gave a thorough working knowledge of criminal law and a familiarity of civil law
in order to be effective. Legal restrictions must be acknowledged at all times and the right of everyone must be consistently and
habitually protected. By understanding and correctly applying the law, the investigator ensures that the final case will stand at the
legal test of the court. The investigator does not want to accuse the wrong person because the social consequences for someone
who is falsely accused can be devastating. In addition, the civil consequences for false accusations and /or incarcerating an
innocent person can also be particularly harsh.
12. Good Understanding of Characteristics of Human Nature – There are certain characteristics of human nature that a criminal
investigator must appreciate in order to conduct a quality investigation. These general principles can be used to the investigator’s
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
advantage if they recognize what is occurring and adjust their strategy accordingly. Some characteristics of human nature are as
follow:
Personal Bias – Everyone has their own personal biases which influence them in their everyday lives. Often, we are
unaware of the influence that out biases have on our actions and decisions. Victims and witnesses can often transfer
their own bias or preference into an investigation, sometimes inadvertently. A good investigator should not be surprised
when a person gives an account which is substantially different than other witnesses.
Lying – An investigator should not be surprised when a witness or suspect lies during the course of investigation. Both
may have good reasons to lie, which may include love, money, freedom, reputation, protection or simply to maintain
peace and harmony in the family or within the circle
Maintaining Self-Control - The investigator loses effectiveness once his or her own emotional vulnerability is shown to the
suspect. Loss of this rapport can affect the investigator’s effort to obtain additional information or even a confession.
Creature of Habit – This can be a good basis for profiling criminal offenders, being a very important characteristic of
human behavior, which may be helpful to the investigators. Several crimes were committed in a similar manner by the
same perpetrator because of habit. The use of modus operandi is based on this principle.
Group Perception – A successful investigator must have a good understanding of this human nature. People with like
backgrounds tend to see things the same because of their common experiences, age, professional backgrounds,
education, or association.
Personal Emotions – An effective investigator does not allow emotions to get in his or her way in the conduct of
investigation, particularly, in dealing with suspects and witnesses. Regardless of the nature of crime and profile of the
offender, the investigator must always act in a professional manner.
Tools of Investigation
The following are the tools of an investigator in gathering facts, which are also commonly known as the three I’s of investigation (PNP,
2011).
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
1. Information
This refers the data gathered by an investigator from either regular or cultivated sources including the victims themselves, and from:
a. Public records
b. Private records
c. Modus Operandi files
d. Arrest Records
e. Roque Gallery
2. Interview/Interrogation
This refers to the skillful questioning of suspects and witnesses believed to possess knowledge that is of official interest to the
investigator. It includes so called interrogations which are actually interviews that elicit information from witnesses as well as
volunteers, paid or confidential informants.
3. Instrumentation
This refers to the use of forensic technology as a tool in the examination of physical evidence using established methods. The use
of forensic science is material in current treads of investigation.
A diligent investigator should ensure availability of basic equipment and supplies before going out of the police station to conduct an
investigation. These may include but are not limited the following:
1. Recording instruments
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
a. Camera
b. Voice recorder
c. Video camera
d. Measuring device (tape measure, ruler)
e. Crime scene template
f. Evidence tags
g. Evidence markers
h. Other electronic recording gadget
a. Hand protection
b. Eye protection
c. Foot protection
d. Respiratory protection
e. Head protection
3. Preservation materials
a. Police line
b. Evidence containers (evidence bags, boxes, glass jars, bottles, canister, tubes, vials, etc.)
4. Fingerprint kit
5. General crime scene kit
6. Evidence collection kit
7. Documentation and investigative forms
8. Investigator’s checklists and forms
Photographs
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Considering the mass of information and the number of cases that investigators are handling, it is very possible that they might forget
some details. Many of the details, associated with the investigation, while not essential to the report, might become points of interest to the
court when the case is brought to trial. Experienced investigators use a notebook or tickler to report the relevant details of the case. During
trial, the court allow investigators to consult their notes to refresh their memory.
The data of the investigation should be recorded in a complete, accurate, and legible fashion so that in the event that another
investigator is required to assume responsibility for the investigation, the other investigator can make intelligent use of the notebook.
Protocol in Investigation
In conducting an investigation, certain standards must be followed to ensure successful prosecution of cases. These consist of
standard operating procedures, protocols, and legal requirements of the law that must be observed in handling criminal cases, which may result
to unsuccessful investigation if undermined. The following are the PNP’s protocols which are to be observed when conducting an investigation
(PNP, 2011)
6. Investigation of suspects
7. Taking of sworn statements and witnesses
8. Preparation of reports and filing of charges
9. Procedures in the released of the crime scene
10. Follow-up and monitoring of case
11. Preparation of case investigation plan
12. Attendance to court duties
13. Uniform of the investigator
- Make written Spot Report; Police Blotter; Sworn Statement/Sinumpaang Salaysay of a witness or complainant using the six (6) cardinal
rules of investigation in a long bond paper or yellow pad paper to be submitted on August 24, 2020 at SVCC.
- What is custodial investigation?
- When and where custodial investigation begins?
- What are the duties of the police during custodial investigation?
- What is Art. III, Section 12,14, and 17 of the 1987 Philippine Constitution
MODULE 5 TOPICS
Learning Objectives:
At the of this chapter, the student will be able to define the crime scene; Enumerate the essential elements of a successful crime scene
investigation and the responsibilities of the desk officer when a crime is reported at the same time explain the functions and responsibilities of
the three (3) components of crime scene investigation. Eventually this module also discuss and explain how a crime is released and describe
the different types of crime scene.
A CRIME SCENE is a place or venue where the alleged crime, incident or event has been committed (PNP 2011). It can
comprise several sites and encompasses all areas over which victims, criminals, and eyewitnesses move during the commission of the crime.
When committing a crime, the perpetrator may inadvertently leave evidence in the crime scene. It is therefore important the once its position
and boundaries are defined, the scene must made secure in order for physical evidence to be discovered and collected (Osterburg & Ward,
2010).
A successful crime scene investigation consist of the ff: essential elements ( Fischer, Tilstone, & Woytowics, 2009, p.6).
When a crime is reported through a phone call or a walk-in complainant, the desk officer is tasked with the responsibility to do the ff;
1. Record important details such as the time reported, the identity of the caller or walk-in complainant, the exact address , the nature of
the incident , and the contact number of the victims
2. Take note of the brief narrative of the incident
3. Direct the nearest mobile car, beat patrol team or the or the nearest police station to validate the report and act as first responder
4. Inform the investigation team on duty
1. First Responders
2. Investigator-on-Case (IOC)
3. Scene of the Crime Operation (SOCO) Team
Crime Scene Investigation (CSI)- refers to the post-incident police operational procedures undertaken at the crime scene when a crime has
been committed. It involves a comprehensive inquiry of a crime by conducting a systematic procedure of various investigative methodologies
which involves recovery of physical and testimonial evidence for the purpose of identifying the witnesses and arrest of perpetrators for
prosecution. It is one of the most crucial stages of any criminal investigation. The initial action taken by the first responders. The investigator,
and the Scene of the Crime Operation (SOCO) members at the outset of the investigation are of such vital importance that oftentimes their
actions determine the outcome of the investigation. However, while the CSI is the most important stage of the investigation in terms of
collecting vital forensic evidence and information, this initial stage is also often the most chaotic and therefore prone to errors (PNP, 2011). The
three components have specific and clear delineation of function in order to avoid confusion at the crime scene. The investigation begins upon
arrival of the FR. Subsequently, a designated IOC assumes responsibility and control over the crime scene. The IOC conducts as assessment
and request for SOCO assistance if necessary.
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
The PNP’s first responders are those mandated and expected to be the first to respond to calls for assistance in cases of incidents or
crime. They generally refer to police officers who have jurisdiction of the area where the incident or crime has taken place and will proceed to
the crime scene to render assistance to the victim and tom protect and secure the incident scene.
Standard operating procedures (SOP) in the PNP require first responders to performing the following functions and
responsibilities in the conduct of CSI (PNP,2011).
1. The first police officers to arrive at the crime scene are the FRs dispatched by the local police station that received the incident report.
2. Immediately, the FR shall conduct a preliminary evaluation of the crime scene. This evaluation should include the scope of incident,
emergency services required, scene safety concerns, administration of life-saving measures, and establishment of security and control
of the scene.
3. The FR is mandated to save and preserve life by giving the necessary first aid measures to the injured and their medical evacuation as
necessary. The FR shall likewise secure and preserve the crime scene by cordoning off the area to prevent unauthorized entry of
person.
4. The FR shall take the “Dying Declaration” in case there are severely injured persons. The FR shall make the initial assessment on
whether a crime has actually been committed and shall conduct the preliminary interview of witnesses to determine and how the crime
was committed. The requisites of “Dying Declaration” are the ff;
That death is imminent and the declarant is conscious of that fact;
That the declaration refers to the cause and surrounding circumstances of such death;
That the declaration relates facts which victim is competent to testify to; and
That the declaration is offered in a case wherein the declarant’s death is the subject of the inquiry.
5. If and when there’s a suspect present in the areas, the FR shall arrest, detain and remove the suspect from the area.
6. Upon the arrival of the IOC, the FR shall turn over the crime scene to him/her after giving a brief of the situation. The FR shall prepare
and submit the “CSI Form 1: First Responder Form” to the IOC and be prepared to assist the IOC in the investigation; and
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7. The FR shall stay in the crime scene to assist the IOC in the maintenance of the security, crowd control, preservation of evidence, and
custody of the witnesses and suspect until such time that the investigation is completed and temporarily turned over to the local chief of
police for the continuance of crime scene security.
INVESTIGATOR-ON-CASE (IOC)
The investigator on case (IOC) refers to the duty investigator duly assigned or designated to conduct the inquiry of the crime by
following a systematic set of procedures and methodologies for the purpose of identifying witnesses, recovering evidence, arresting,
prosecuting the perpetrators. The IOC shall assume full responsibility over the crime scene during the conduct of the CSU.
Standard Operating Procedures in the PNP require the Investigator-on-Case to perform the following functions and
responsibilities in the conduct of CSI (PNP, 2011):
1. Upon arrival at the crime scene, the IOC shall request for a briefing from the FR and make a quick assessment of the crime.
2. At this stage, the IOC shall assume full responsibility over the crime scene and shall conduct a thorough assessment of the scene
and inquiry into the incident. If necessary, the IOC may conduct crime scene search outside the area where the incident happened,
employing any of the various search methods.
3. Based on the assessment, if the IOC determines that a SOCO Team is required, he shall report the matter to the chief of police
and request for SOCO assistance. Otherwise, the IOC shall proceed with the CSI w/o the SOCO Team.
4. The IOC may, by himself, conduct the CSI if the situation so demands and if there is no crime laboratory in the area. However, the
IOC must ensure that the correct procedures in the collection of the evidence are observed to ensure admissibility of such
evidence.
5. Upon arrival of the SOCO Team, the IOC shall accomplish a request for the conduct of SOCO and submit it to the SOCO team
leader. The SOCO team shall not enter at the crime scene unless the IOC makes the official written request wherein he assures
the SOCO Team of his presence and support.
6. The IOC shall brief the SOCO Team upon their arrival at the crime scene and shall jointly conduct the preliminary crime scene
survey.
The Scene of the Crime Operation (SOCO) refers to the functional capability of the PNP Crime Laboratory performed by its trained
personnel though the recognition, methodical search, proper documentation/recording and collection of physical evidence at the crime scene.
(PNP Crime Laboratory Revised SOCO Manual 2014)
Standard Operating Procedures in the PNP require SOCO Team to perform the following functions and responsibilities in the
conduct of CSI (PNP, 2011):
1. The SOCO Team shall not join any operations conducted by the local police or accompany FRs of the IOC in going to the crime
scene. They will only respond upon request through the Operations center and after the OIC has already made the proper
assessment of the crime scene.
2. Upon receipt of the request for the conduct of SOCO, they shall then conduct the scene of the crime operations which include
among others, the crime scene approach, preliminary survey, physical evidence assessment, narrative description of the crime
scene, crime scene documentation, crime scene search, physical evidence recording and collection, final crime scene survey, and
some other necessary post-processing procedures.
3. In case the SOCO Team needs to temporarily suspend the processing, the COP shall be primarily responsible and accountable for
securing the crime scene ans ensuring its integrity until the retune of the SOCO Team and the conclusion of the CSI.
4. After the termination of the SOCO, SOCO Team Leader shall brief the IOC on initial results and thereafter conduct the final crime
scene survey together with the IOC.
5. The SOC Team shall accomplish the SOCO report forms and furnish the IOC copies of the same before leaving the crime scene.
It is the IOC who makes the decision regarding the lifting of the security cordon and the release of the crime scene, in consultation with
the SOCO Team Leader. The IOC must ensure that all pieces of potential evidence have been collected by the SOCO Team; any re-entry into
the crime scene after its release to the owner will require a search warrant issued by the court.
The IOC must also ensure that appropriate inventory has been provided by the SOCO Team and shall only lift the security cordon and
release the crime scene after completion of the documentation process. The IOC or COP shall then turn over the crime scene to the owner of
the property or, where the crime scene is a public place, to any local person in authority. The IOC shall accomplish and submit the
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Investigator’s Report with all the required attachments w/in two working days from the date of the incidence. The CSI Report shall be the first
entry in the case folder for the investigation of the incident.
The following are the different types of crime scenes according to time of commission, location, and source of evidence:
According to Location
1. Indoor Crime Scenes: Affords the crime scene protection from weather and allows investigator to take time and process the scene in a
slow and methodical manner, without concern for weather influence.
2. Outdoor Crime Scene: Most vulnerable to weather condition and present the most problems
3. Continuing/Mixed Crime Scene: From Indoor to outdoor or vice versa
4. Special Location: Ex. Include vessels, vehicle, airplane, drum, septic tank, etc. It is the most difficult to handle because of its nature.
Mostly need special support resources to process.
1. PRIMARY CRIME SCENE – Investigation usually begins where the body is originally found
2. SECONDARY CRIME SCENE- Where the victim was confined/ Where the assault initially took place/ Route to and from primary crime
scene/ Method used to transport the victim (vehicle, airplane, vessel, etc.,/Any place where evidence is located
Processing a crime scene refers to the application of diligent and careful methods by an investigator to recognized, identify, preserve,
and collect facts and items of evidentiary value that may assist in reconstructing that which actually occurred. Successful processing also
depends upon the investigator’s ability to protect, preserve and, making careful and detailed notes, sketches and written statements;
transcribing verbal statements from witnesses and suspects; and marking and preserving collected physical objects of evidentiary nature (PNP,
2011).
The purpose of processing the crime scene is to collect as much information and evidence as is possible, in as pristine a condition as
possible. This evidence will serve to develop conclusions regarding how the crime was transpired, who was involved and why it was committed.
Certain sequences of procedures must be followed because there is only one chance to do it right. There are very few opportunities to reenter
the crime scene without evidence being altered or damage.
The mere presence of crime scene investigators result in the adding, moving or damaging evidence in the scene as it processed. Crime
scene processing follows a definite procedure that involves the ff; activities; assessing, observing, documenting, searching, collecting
and analyzing.
ASSESSING
The crime scene technician must first assess the circumstances in order to decide on a proper course of action. Assessment in terms of
extent of and complexity of the crime scene begins the processing task and defines what procedures will be employed such as how resources
will be utilized and how risk can be mitigated.
In the book Criminal: The Art and the Science, the following steps in crime scene assessment are recommended (Lyman,
2011, pp. 80-81)
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1. Evaluate measures and steps that have been taken to include safety procedures, perimeter security and access control, the adequacy
of investigative resources, whether witnesses and suspects have been identified, and the degree to which the preliminary
documentation of the crime scene has been made.
2. Conduct a crime scene walk-through in cooperation with the first responder and individuals responsible for processing the crime scene
to identify any threats to crime scene integrity and begin an initial identification of evidence.
3. Determine the need for a search warrant before collection of evidence.
4. Assess the overall crime scene before evidence collection to develop a plan for working w/in the crime scene w/out unnecessary
destroying or contaminating evidence.
5. Identify evidence collection and document team members, including specialist such as odontologist, bomb technician, arson
investigators, entomologist and fingerprint technicians among others.
6. Identify protective equipment and clothing that are required to safety process the crime scene.
7. Identify a separate area, if necessary, for equipment and personnel staging and for gathering and sanitizing tools, equipment, and
personal protective gear between evidence collections.
8. Assign one officer whose primary responsibility is recording and collecting items of evidence. This will increase efficiency, establish the
chain of custody, help prevent loss, and reduce the number of officers who must appear in court.
9. Determine the evidence search method to be used and the points at which the search will begin and establish a working route around
the scene to minimize disruption and contamination.
OBSERVING
Observing entails looking and mentally registering the condition of the scene and artifacts found there. In most instances, this activity is
nonintrusive. However, when investigator move around the crime scene or when they attempt to better observe certain items of interest, this
presents opportunities that could add, move or damage evidence. They must consciously act to reduce the intrusiveness of observation by
limiting movement w/in the crime scene (Gardner, 2005).
DOCUMENTING
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Documentation includes the preparation of written reports of the investigator’s observation, photographing and videotaping of the scene,
and the creation of the sketches. This will be discussed further in Module 4 on Crime Scene Documentation.
Documentation is critical to crime scene processing because this allows the investigators to back up claims regarding the original
condition and context of the scene. It is relatively nonintrusive, although taking measurements could present opportunities to change or damage
the condition of the scene. Crime scene personnel in charge of documentation should therefore employ the least intrusive methods first.
SEARCHING
The actual search begins after the documentation of the crime scene. There are many different ways to search the scene for evidence,
depending on the types of crime scene or the evidence at hand. This is discussed further in Module 5 on Crime Scene Search.
COLLECTING
Collection of evidence is accomplished after the search is completed. Once collected, an Item cannot be placed back into the scene for
documentation. If the item is moved prior to documentation, then the investigator will have to live with the mistake and simply provide whatever
written documentation is possible regarding its original location or condition (Gardner, 2005). The proper handling of evidence is discussed
further in Module 6, Physical Evidence.
ANALYZING
This activity refers to the actual processing of evidence by evaluating the context of a scene and the physical evidence found there in an effort
to identify what occurred and in what order it occurred. This is like putting together pieces of a jigsaw puzzle to solve the crime. The crime
scene investigator accomplishes crime scene analysis by using scientific methods, physical evidence, and deductive and inductive reasoning to
gain explicit knowledge of the series of events that surround the commission of the crime. The specific purpose of the analysis is to gain explicit
knowledge of the series of events that comprise a given incident and, when possible, to identify the most likely sequence of those events
(Gardner, 2005).
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MODULE 6 TOPICS
CRIME SCENE DOCUMENTATION
- Note Taking
- Photography
- Types of Investigative Photography
- Crime Scene Photography
- Surveillance Photography
- Aerial Photography
- Night Photography
- Laboratory Photography
- Mug Shots
- What to Photograph
- Range Photographs
- Marking the Field of View
- Procedures on taking photographs
- Admissibility of Photographic evidence
- Sketching
- Types of Sketch
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Learning Objectives:
At the end of this module the student will be able to enumerate the most common methods of crime scene documentation, the sequential
and the range of photographs to be taken at the crime scene, the criteria for admissibility of photographic evidence and explain the importance
of note taking, crime scene photography, crime scene sketches and at the same time how to identify the pieces of information that should be
included in a crime scene sketch.
Crime scene documentation helps the investigators to accurately recall events and to identify items of evidence later in a court of law.
Documentation serves as valuable reference concerning the details uncovered during the search and the thoroughness of the whole crime
scene processing. The methods of recording the situation, conditions, and physical evidence found at the crime scene include note-taking,
sketching and photography/videography.
NOTE TAKING
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Notes are brief records of what is seen or heard. Investigative notes are a permanent written record of the facts of a case to be used in
further investigation, in writing reports and in prosecuting the case. The investigator should start taking notes as soon as possible after
receiving a call to respond and continue recording information as it is received throughout the investigation. (Hess & Orthomann, 2010). Notes
are valuable not only as an aid to an accurate recall of events to be testified in court, but also to furnish the raw material needed I the written
forma report of the case. A different notebook should be used for each separate case and the notebooks should be kept permanently in a safe
place. Note-taking serves as personal record of the search for evidence. It should be detailed so that it will remain fully meaningful even
months after event. The note should begin with investigator’s name and assignment to the case, and should be implemented by sketches and
photographs of the scene. It should also be recorded in the order that the observations they pertain to are made and hence, will not necessarily
be in a logical order.
The essential items of information to be included during note taking include the following; (Lyman, 2011, pp. 36-37):
PHOTOGRAPHY
The first step in the investigation of any crime is to photograph all aspects of the crime scene completely and accurately before any of the
objects of evidence are removed or disturb. The basic purpose of crime scene photography is to record the scene permanently. Photographs
and videotapes reproduce the crime scene in detail for presentation to the prosecution, defense, witnesses, judge and jury in court and are
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used in investigating, prosecuting and police training. A visual portray of the crime scene clearly adds a dimension to both the investigation and
prosecution of the case that no other medium can emulate. Indeed, photos and videotapes may convey information to the court more
accurately than verbal descriptions of the crime.
What to Photograph? The sequential photographs to be taken at the crime scene are enumerated below;
- Views of the exterior of the building or vehicle, with relations to other building or vehicles, roads, streets, etc/
- Points of entry and exit (inside and outside)
- Conditions of the crime scene
- Area from which valuable articles removed
- Articles left at the scene
- Trace evidence, such as hair, fibers, and cigarette butts
- Tool marks and impressions of shoes or tire tracks
- Fingerprints and footprints, as well as articles on which prints may be found
RANGE PHOTOGRAPHS
3. Close-up photographs
Measuring devices such as rulers, yardsticks and tape measures should be used to show relative size of and distance between objects, or
degree of magnification of the enlargement. The marks should be beside the object in a manner that will not obscure any important piece of
evidence. Photographs should be taken in two ways: first without markers and then with them.
The PNP provided the following procedures when taking crime scene photographs (PNP, 2011).
1. Overall photos of the scene are taken to show the approach to the area, street signs, and street light locations in relation to the actual
scene, street addresses and identifying objects at the scene. Pictures should also be taken of very room in the house, even if their
relationship to the crime scene is not readily apparent.
2. Photograph the scene in a clock wise pattern before altering the body’s position or any other evidence within the scene. Photograph the
scene at least two opposite corners, but from all four corners is even better. This way, nothing is missed or hidden from view by
intervening objects.
3. Photograph the body and the immediate vicinity around the body. If you have a camera boom, take pictures from ceiling height and
angle downwards to take photographs of the victim and any other evidence. This perspective often shows things missed when viewed
from ground or eye level.
Photographs must be taken under certain conditions and must meet specific criteria to be admissible as evidence in court. They must be
accurate representations, free of distortion, material and relevant and unbiased.
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SKETCHING
ROUGH SKECTH- it is made by investigator at the crime scene. No scale proportion ignored and everything is approximate. It is to be used as
a basis for finished sketch.
FINISHED SKECTCH- It is made primarily for court room presentation. Scale and proportion on is observed.
Photographs alone are not sufficient for the adequate recording of the crime scene. A crime scene sketch will complement the photographs
and notes made during the crime scene search. This serve as the graphic document to show the layout orientation, and the interrelationships
between the scene and the evidence. A sketch portrays information accurately and not necessarily artistically. Artistic ability is not required in
order to construct an adequate sketch of a crime scene. Sketches clarify the appearance of the scene and make it easier to comprehend. They
are useful in questioning of suspects and witnesses as well as in the writing of investigative reports. Sketches are also excellent companions to
photographs. Where photographs provide exact details, sketches offer accurate information about the placement of objects and they show
relationships and distances between things.
The crime scene sketch should include the following information (Lyman, 2011).
- To establish admissibility, the investigator must have personal observation of the data in question. In other words, the sketch must be
sponsored or verified.
- Sketches are not substitute for notes or photos; they are but supplements for them.
- Fill in all the details on your rough sketch at the scene. The final sketch may be prepared at the office.
- Keep the rough sketch even when you have completed the final sketch.
- Indicate the north direction with an arrow.
- Draw the final sketch to scale and used standard symbols.
- Indicate the position, location, and relationship of objects. Measurements should be consistent particularly in skid marks
- Indicate the place in the sketch as well as the person who drew it.
1. What is note taking for? What items of information should be included in an investigative note?
2. What is the purpose of crime scene photography?
3. What are the sequential and the range photographs to be taken at the crime scene?
4. What are the criteria for photographs to be admissible in court?
5. Why are crime scene search important?
6. What pieces of information MODULE 7 TOPICS should be included in a crime scene
sketch? CRIME SCENE SEARCH
Learning Objectives:
At the end of this module, the student will be able to define and enumerate the crime scene search and its importance in criminal
investigation and the procedures when searching for evidence at a crime scene. Enumerate the basic premises to be considered when
searching at a crime scene, enumerate the stages and methods of crime scene search and other types of investigatory search.
To search is to systematically look for physical evidence that may prove useful in establishing that a crime has been committed. The
search for physical evidence is done using the accepted methods of search depending upon the actual location to be searched. Searching is a
vital task in most criminal investigations because through searching, evidence of crime and against criminals is obtained. Specifically, the goal
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is to discover evidence that helps to establish that a crime was committed; identify who committed the crime; explain how the crime was
committed (Hess & Orthmann, 2010, p.104).
A successful search of the crime scene locates, identifies and preserves all evidence present. It could only be started after it has been
photographed and sketched.
1. The best search options are often the most difficult and time consuming.
2. You cannot over-document the physical evidence
3. There is only one chance to perform the job properly.
The actual search begins after emergencies have been attended to, the scene has been secured, witnesses have been located and
separated form interviewing, and photographing and sketching have been completed. The search of the crime scene consist of the following
stages:
- Stage 1: Preliminary Search- cautiously walk through at the crime scene jointly conducted by the SOCO Team Leader and the IOC
purposely to assess the extent of the crime scene and determine the possible types of evidence to be encountered.
- Stage 2: Detailed Crime Scene Search- search of the visible and easily accessible areas.
- Stage 3: Vigorous Search- the most intrusive of all searches where the searchers proceed to the concealed physical evidence and
most difficult or hardly accessible areas, such as ceilings drawers, lockers and under carpets.
- Stage 4: Final Search- a critical survey or review of all levels of the search, which is jointly conducted by the SOCO Team Leader and
the IOC, the purpose of which is to check for completeness of search and to ensure that all evidence has been gathered.
Different search methods or patterns are designed to locate evidence thoroughly and systematically. The most common search
patterns include the strip or line search method, grid search method, spiral search method, quadrant or zone search method, and the wheel
or pie search method. Some of these methods are best suited for indoor scenes, while others are more applicable to outdoor crime scenes.
1. STRIP OR LINE SEARCH METHOD- A strip or line search is typically used in outdoor scenes to cover large areas in which detailed
examination is necessary. It is a technique frequently used by archeologist when they search a particular area. The strip search uses a
series of lanes across the crime scene. This method can be used by one person or a group of searchers. It is done as follows: Each
lane contains searchers that walks down the lane parallel to the other searcher. Once the searchers get to the end of the lane, they
reverse their direction and walk back adjacent to the lane they just searched. This process is continued until the entire crime scene area
has been searched. If one of the searchers finds evidence, all searchers should stop until the evidence is properly processed and they
received additional information.
2. GRID OR DOUBLE STRIP SEARCHED METHOD- The grid searched method is a variation of the strip search method and is useful for
large crime scenes, particularly outdoor scenes. After completing the strip search, the searchers are double back, perpendicularly
across the area they just searched. It is very time consuming, but causes a very methodical and thorough examination of the area. It
also has the advantage of allowing searchers to view and search the crime scene from two different viewpoints, thereby increasing the
possibility of uncovering evidence not previously noticed.
3. SPIRAL SEARCH METHOD- This ever widening circle technique is conducted with the searching officer starting at the focal point of
the crime scene or the center of the area, working outward by circling in a clockwise or counter-clockwise direction to the outside edges
of the crime scene. This is a good pattern for a rather confined area or a small room. It is also helpful to apply the pattern in layers. This
can be done as follows;
o Visually search the top third of the room, as well as the ceiling.
o Search the middle third of the room including drawers and cabinets.
o Search the lower third, using the spiral technique.
4. QUADRANT SEARCH METHOD- A quadrant search is used when the search area is particularly large and cumbersome. This type of
search requires the crime scene to be divided into four large quadrants (the four large quadrants can also be sub-divided into four
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smaller quadrants). Each quadrant or sector is then searched separately as an individual unit, using the spiral, strip and/or grid search
pattern.
5. PIE OR WHEEL SEARCH METHOD- The pie or wheel search is based on the establishment of a circle surrounding the crime scene.
The circle is then divided into six quadrants in a pie-like fashion.
Investigators may find the need to search other areas or locations as they investigate criminal offenses. This section enumerates other
types of investigatory searches and some points to consider when executing search.
- Building Searches
When executing a warrant to search a building, officers should first familiarize themselves with the location and the past record of
the person living there.
Decide on the least dangerous time of day to search the building and/or execute a warrant (e.g., not the time of day when children
come home from school).
Before entering a potentially dangerous building, secure the outside perimeter and as many exits as possible. Go quickly through
doors into dark areas, and avoid windows. When moving around objects, take quick peeks before proceeding. Know where you are
at all times and how to get back to where you were (Hess & Orthmann, 2010).
Vehicle Searches
The nature of the crime dictates the area of the vehicle to be searched. For example, whereas a drug smuggling or murder case
requires closer examination of the interior of the vehicle, a hit-an-run investigation necessitates examination of the exterior of the
vehicle (Lyman, 2011).
For a systematic and thorough search of vehicles (including cars, aircrafts, boats, motorcycles, buses and trucks), remove first the
occupants from the car. Start by searching the area around the vehicle and then the exterior. Finally, search the interior along one
side from front to back, and then return along the other side to the front (Hess & Orthmann, 2011).
Always be on your guard when frisking or making a complete body search for weapons and evidence.
Use large sheets of paper or a drop cloth to collect any trace evidence that might fall from the person as he or she undresses.
Clothing and shoes should be recovered and packaged separately.
The body of the person should be examined closely for items of evidence such as hair, fibers, paint, or glass particles.
Hair samples should be collected in accordance with established protocol.
Use clean cloth sheets or a drop cloth to collect any trace evidence that might fall from the body as it moved to the morgue.
The body should be examined for hair, fibers, paint, or glass particles, the search should start at the top of the head and proceed
down one side of the body to the foot and then repeat the process on the other side. This process should be repeated at the morgue
as the body is undressed.
Each item of clothing should be collected individually and packaged separately to avoid cross contamination.
Examine fingernails, but do not scrape them at the scene. This can be accomplished at the morgue after fingernail scrapings have
been obtained.
Comparison prints should be rolled at the morgue after the fingernail scrapings have been obtained.
If a firearm was used in the crime, gunshot residue testing should be conducted on the hands.
Hair and blood samples should be collected before the body is released.
To maintain chain of custody, the body should be accompanied to the morgue by an investigator or crime scene specialist
The PNP issued the following investigation procedures when searching for evidence at a crime scene (PNP, 2011).
1. The scene is processed in accordance with the prevailing physical characteristics of the scene and with the need to develop
essential evidentiary facts peculiar to the offense. A general survey of the scene is always made to note the locations of obvious
traces of action, the probable entry and exit points used by the offender, and the size and shape of the area involved.
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2. In rooms, buildings and small outdoor areas, a systematic search of evidence is initiated. The investigator examines each item
encountered on the floor, walls and ceiling to locate anything that may be of evidentiary value. It is recommended that the
clockwise movement be used.
3. Give particular attention to fragile evidence that may be destroyed or contaminated if it is not collected when discovered.
4. If any doubt exist as to the value of an item, treat it as evidence until proven otherwise.
5. Ensure that the item or area where latent fingerprints may be present is closely examined and that action is taken to develop the
prints.
6. 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.
7. Note stains, spots and pools of liquid within the scene and treat them as evidence.
8. Treat as evidence all other items, such as hairs, fibers, and earth particles foreign to the area in which they are found.
9. The initial search for evidence after a thorough examination of the scene, after the rough sketch, necessary photograph and
investigative notes have been completed, and after the investigator has returned to the point from which the search began.
10. Further search may be necessary after the evidence and the statements obtained have been evaluated.
11. In large outdoor areas, it is advisable to divide the area into strips of about four feet wide. The policeman may first search the
strip on his left as he faces the scene and then the adjoining strips.
12. It may be advisable to search beyond the area considered to be the immediate scene of the incident.
13. After completing the search of the scene, the investigator examines the object or person attacked by the offender. For example,
a ripped safe, a desk drawer that has been pried open or a room from which items has been stolen would be processed after the
remainder of the scene has been examined for traces of the offender.
14. In a homicide case, the position of the victim should be outlined with a chalk or any other suitable material before the body is
removed from the scene. If the victim has been pronounced dead by a doctor or is obviously dead, it is usually advisable to
examine the body, the clothing and the area under the body after the remainder of the scene has been searched. This is to
enable the investigator to evaluate all objects of special interest in light of all other evidence found at the scene
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Learning Objectives:
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At the end of this module, the student will be able to define evidence; Identify and differentiate types of evidence and its purpose; identify
and explain the three main sources of evidence; Enumerate the classification of physical evidence and provide examples; Enumerate and
explain the basic principles of evidence and discuss how these concepts contribute to the quality and usefulness of physical evidence. When
criminologist Edmond Locard formulated his “exchange principle” in 1910 he showed that a criminal always removes something from a crime
scene or leaves incriminating evidence behind. In short “every contact leaves a trace.”
A primary purpose of an investigator is to locate, identify and preserve evidence. Evidence is valuable because it has great potential to
verify that a crime has been committed, identify the person who did it, and exonerate all other persons who may be under suspicion.
EVIDENCE is defined under Rule 128 of the Rules of Court as the means of ascertaining in a judicial proceeding the truth respecting a
matter a fact. Evidence can be anything that tends to prove or disprove an issue in question. It is the means by which any alleged matter of fact
is proved or disproved. It includes all matters, except comment or argument, legally submitted to a court to enable it to decide a question before
it.
TYPES OF EVIDENCE
Physical evidence- is any type of evidence that is real or has an objective existence. It has dimension, size or shape; It can be
seen, touched, smelled or tasted; It is solid, semisolid or liquid.
Testimonial evidence- is information obtained through interviewing and interrogating individuals about what they saw (eyewitness
evidence), heard (hearsay evidence) or know (character evidence). A testimony or confession can add considerable value to
physical evidence when presented in court. It can help understanding motives or explaining those things found at the crime scene.
However, due to its subjective nature, it cannot stand alone and must be supported by physical evidence or other corroborating
evidence (Hess & Orthmann, 2010 and Gardner, 2005).
Documentary Evidence- consist of writings or any material containing letter, words, numbers, figures, symbol or other modes of
written expression offered as a proof of their contents.
Demonstrative evidence- includes mockups and scale models or objects or places related to the crime scene. This help the court
visualize more clearly what they are unable to view personally. It is used to demonstrate or clarify an issue rather than to prove
something (Hess & Orthmann, 2010).
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
To prove that a crime has been committed, or establish key elements of the crime
To link a suspect with the victim or with the crime scene
To establish the identity of persons associated with a crime
To exonerate the innocent
To corroborate victim’s testimony
To induce a suspect to make admission, or even confess
To identify property or contraband connected with a crime
Aside from the crime scene, main sources of physical evidence include the victim and the suspect.
The crime scene is usually the focus of the preliminary investigation and also the primary source of physical evidence. However, it is also
an area with the greatest potential for the destruction or contamination of evidence.
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
The Victim
The victim of a crime is often a potential source of physical evidence, particularly in the case of sex crimes. Hairs, fibers and biological
fluids are all potential evidence and need to be collected following established protocol. Time is of the essence and the potential for
contamination or destruction should be a primary concern.
The Suspect
The suspect and his or her environment can be prime sources of physical evidence. Just as the victim of a sexual assault will most likely
possess physical evidence, the suspect is no different. Transfers of evidence readily occur and must be sought out on both the suspect and
his/her environment, such as the suspect’s vehicle or home. Again, time is of the essence and the potential for destruction or contamination is
great.
CLASSIFICATION OF EVIDENCE
The value of physical evidence is determined by how useful it is in verifying that an infraction has been committed, identifying the person/s
who did it, and exonerating all other persons who may be under suspicion. In addition, physical evidence helps reconstruct the events of an
infraction and their sequence. Several important concepts in regard to the quality and usefulness of physical evidence in establishing identity
should be considered. These concepts include individuality, class characteristics, probability, rarity, theory of transfer and
comparison.
>INDIVIDUALITY
Individuality is what makes one thing different from all others similar to it. An individual has thousands of characteristics that are common in
other people. However, every human being has many physical characteristics, such as fingerprint, ear prints, handwriting and DNA that makes
him/her unique. If there are enough common characteristics identifiable, or if there are known unique characteristics, the practical identity of a
person may be established. The same can be said of the identification of objects.
>CLASS CHARACTERISTICS
Evidence that can only be identified by placing it into a particular class, regardless of the amount or thoroughness of examination, is known
as evidence with only class characteristics. A definite identification as to its source can never be made, since there is a possibility or more than
one source for this evidence.
>PROBABILITY
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
The probability that a combination of independent events will occur is the product of individual probabilities. Thus, the probability of
association with a particular situation may be very high when a number of separate factors are found to correspond. The presence of matching
fibers, hairs, blood, shoe prints or tool marks may indicate an extremely high probability of involvement, even though none of these factors is in
itself conclusive.
>RARITY
Sharpening one’s person perception of the rarity of time, place, and circumstances associated with physical evidence found in or near the
crime scene is a developed skill. The determination of whether or not an object or item should be collected as evidence will frequently rest on
the following circumstances; It seems out of place; it is unusual for the item to be in a certain place; or the condition of the item or object
indicates unusual change.
>THEORY OF TRANSFER
Locard’s principle summarizes that when two objects come into contact, there will frequently be a transfer of small amounts of material
from one to the other. Thus, when suspects come in contact with the victim and objects at the crime scene, they frequently leave behind traces
of themselves and take with them traces of any objects touched.
>COMPARISON
The most definite point of comparison between objects is an obvious physical match. For example. The bit of a screwdriver and the shank
from which it was broken, or splinter of wood and the part from which it split could be obvious physical matches.
PROCESSING EVIDENCE
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Evidence must be properly and legally processed to be of value to a criminal investigation. Processing evidence correctly includes the
following (Hess & Orthmann, 2010)
Legal requirements make it necessary to account for all physical pieces of evidence from the time it is collected until it is presented in
court. With these in mind, the following principles should be observed in handling all types of evidence:
As much as possible, the evidence should reach the laboratory in the same condition as when it was found.
The quantity of specimen should be adequate. Even with the best equipment available, good results cannot be obtained from
insufficient specimens.
Submit known or standard specimen for comparison purposes.
Keep each specimen separate from others so that there will be no intermingling or mixing of known and unknown material. Wrap
and seal in individual packages when necessary.
Mark or label each of the evidence for positive identification as the evidence taken from a particular location in connection with the
crime under investigation.
The chain of custody of evidence must be maintained. Account for evidence from the time it is collected until it is produced in court.
Any break in this chain of custody may make the material inadmissible as evidence in court.
A list of all persons who came into possession of an item of evidence, continuity of possession, or the chain of custody, must be
established. Whenever evidence is presented in court as an exhibit. Adherence to standard procedures in recording the location of evidence,
marking it for identification, and properly completing evidence submission forms for laboratory analysis is critical to chain of custody. Every
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
person who handled or examined the evidence and where it is at all times must be accounted for. As a rule, all seized evidence must be in the
custody of the evidence custodian and deposited in the evidence room or designated place for safekeeping, and will be taken out only from
evidence room for court presentation on the basis of the court order.
Evidence to be admissible in our system should be relevant to the issue and not excluded by the law or the rules of evidence. As a
general rule, in almost every country, criminal prosecutions often depend upon the conduct of the criminal investigator at the scene of the
offense. It is unquestionable that the foundation for successful prosecution is an accurate and thorough investigation. Something more than the
mere collection of evidence is required to support a successful prosecution. Evidence must be obtained in a way that will be admissible in court.
Generally, in order for evidence to be admissible in a court of law, strictly accountability must be established to show where, when and how the
tem of evidence was collected. In addition, sufficient testimony must be presented to establish the chain of custody.
PROFESSIONAL WORKING RELATIONSHIP BETWEEN THE INVESTIGATOR AND THE FORENSIC TEAM (SOCO)
The investigator and scene of crime operation team of experts share the same objective, which is the collection of evidence to help solve a
crime and prove the involvement of the suspect. Although they have their own particular roles, they both work toward the common goal of
bringing the offender to justice. They share their ideas, theories and thoughts concerning the collection of evidence. Crime Laboratory
personnel are subject matter experts in their areas of expertise and provide expert testimony regarding the analysis they conducted, as well as
their interpretation of such analysis. Their court testimony can often have a significant impact in court, particularly when the case is based
primarily on circumstantial evidence.
1. Define Evidence.
2. What are the different types of evidence?
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
MODULE 9 TOPICS
BASIC CRIMINAL PROCEDURE
- Arrest
- Method of Arrest
- Duties of the Arresting Officer
- How to Effect an Arrest
- Arrest of Minors
- Right of Attorney or Relative to Visit the Person
Arrested
- Search and Seizure
- Search Warrant
- Requisites for the Issuance of a Search Warrant
- Validity of the Search Warrant
- Time of Search
- Application for Search Warrant
- Conducting the Search
- Authority of Police Officer when conducting a Search
- Prohibited Acts in Conducting a Search by virtue of SW
- Inventory and Delivery of Property Seized
- Valid Search and Seizure without Search Warrant
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Learning Objectives
At the end of this module, the student will be able to define arrest; identify the two methods of arrest and explain how both are done;
enumerate instances when an arrest without warrant is considered lawful; explain the hot pursuit; enumerate the duties of an arresting officer;
discuss the procedures of effecting an arrest; explain the procedures regarding the arrest of minors; define search and seizure; discuss the
definition, requisites and validity of a search warrant; explain the procedures in conducting a search and enumerate examples of valid searches
and seizures without search warrant.
It is important for investigators to be aware of basic criminal procedure and to work within constitutional guidelines and departmental
procedures. This chapter explains some of the more crucial procedures within the criminal justice system that investigators need to know.
ARREST
It is defined as the taking of a person into custody in order that he may be bound to answer for the commission of an offense. One of the
basic functions of law enforcement is to arrest violators of the law. An arrest could begin or end in an investigation. In some cases, suspects
need to be developed, located and identified before they are arrested, while other cases begin with an arrest then proceed to identification of
the suspect. An arrest may also occur at any point during an investigation.
METHODS OF ARREST
An arrest may be made with or without warrant, although a warrant is generally preferred because this places the burden of proving that
the arrest was illegal on the defense. Police officer’s should note the following procedures regarding these two methods of arrest.
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
The officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his
arrest, except when he flees or forcibly resist before the officer has opportunity to inform him or when the giving of such information will
imperil the arrest, The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as practicable.
The officer shall inform the person to be arrested of his authority and the cause of his arrest, unless the person to be arrested is
then engaged in the commission of an offense or is pursued immediately after its commission or after an escape, or flees or forcibly
resist before the officer has opportunity to inform him, or when the giving of such information will imperil the arrest.
When in the law enforcers presence, the person to be arrested has committed, actually committing, or is attempting to commit an
offense;
When an offense has just been committed, and the officer has personal knowledge of facts indicating that the person to be
arrested has committed it;
When the person to be arrested is a prisoner, who has escaped from a penal establishment or place where he is serving final
judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to
another;
If a person lawfully arrested and escapes or is rescued, any person may immediately pursue or retake him without a warrant at
any time and in place within the Philippines;
When the arrest is made by the bondsman for the purpose of surrendering the accused;
Where the accused who is released on bail attempts to leave the country without court permission;
Violation of the conditional pardon, punishable under Art. 159 of the Revised Penal Code as a case of evasion of service of
sentence; and
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Arrest following a Deportation Proceedings by the Immigration Commissioner against illegal and undesirable aliens.
A police officer with probable cause or has probable cause or has reasonable grounds of suspicion that the suspect committed the crime can
also perform a “HOT PURSUIT” arrest. A hot pursuit arrest must have the following elements:
The arresting officer has the responsibility to execute the warrant without necessary delay to arrest the accused and to deliver him to the
nearest police station or jail. The head of the office to whom the warrant was delivered for execution shall cause the warrant to be executed
within ten days from its receipt. Within ten days after the expiration of the period, the officer to whom it was assigned for execution shall make a
report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reason thereof.
The specific duties of the arresting officer are enumerated below (PNP, 2011).
It shall be the duty of the officer executing the warrant to arrest the accused and deliver him without delay to the nearest police
station or jail for the recording of the fact of the arrest of the accused.
At the time of the arrest, with or without warrant, it shall be the duty of the arresting officer to inform the person to be arrested of the
cause of arrest and the fact that a warrant has been issued for his arrest (Sec. 7, Rule 113, Revised Rules on procedure)and in
case arrest without warrant, it shall be the duty of the arresting officer to inform the person to be arrested of his authority and the
cause of the arrest (Sec 8, Rule 113 RRP) in the dialect known to the hi, except when the he flees or forcibly resist before the
officer has the opportunity to so inform him or when the giving of such information will imperil the arrest. The officer need not have
the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be
shown to him as soon as practicable.
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
When women or children are among the arrested suspects, the arresting officer shall task the Women’s and Children Protection
Desk (WCPD) officer or a policewoman who is familiar with the women and children protection desk duties to conduct the pat-down
search.
The person arrested with or without warrant shall be informed of his constitutional rights.
A person arrested with or without warrant shall be immediately brought to the proper police station for investigation without
unnecessary delay, and within the time prescribed in Art. 125 of the RPC as amended (i.e. 12, 18 or 36 hours, as the case may be)
shall be subjected to inquest proceedings under Sec. 7, Rule 112 of the 2000 Rules of Criminal Procedure.
No torture, force, violence, threat, intimidation shall or any other means which vitiate the free will shall be used against an arrested
person. The bringing of arrested person to secret detention places, solitary confinement (incommunicado) or other forms of
detention is prohibited.
If the person arrested with or w/o warrant waives his right under the provision of Art. 125 of the RPC, the arresting officer shall
ensure that he shall sign a waiver of detention in the presence of his counsel of choice.
If the person arrested waives his right against self-incrimination and opts to give his statement, the arresting officer shall ensure that
the waiver shall be made in writing and signed by the person arrested in the presence of his own choice of counsel or competent
and independent counsel provided by the government.
When transporting suspect to the police station, be sure that no weapons are retained in their possession that might be used against
the arresting officer, regardless if the person arrested is a noted criminal or not. It is also a must that the arrested person be
handcuffed to prevent violence.
Police officers must remember the following procedures when an arrest is made:
- Bring the arrested person to a government accredited hospital for medical examination
- Bring the arrested person to the police station for documentation
Police officers should also consider the following when making an arrest.
Arrest of Minors
Republic Act No. 9344 or the Juvenile Justice Act of 2005 states that if it has been determined that the child taken into custody is 15 yrs.
old or below, the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his or
her parents or guardian, or in the absence thereof the child’s nearest relative. Said authority shall give notice to the local social welfare and
development officer. If the parents, guardians or nearest relatives cannot be located, or if they refused to take custody, the child may be
released to any of the following:
Further a child in conflict with the law can only be searched by a law enforcement officer of the same gender and cannot be locked up in a
detention cell. However, if detention is necessary, the arresting officer shall ensure that the child shall be secured in quarters separate from that
of the opposite sex and adult offenders.
The taking of statement of the child shall be conducted in the presence of the following:
The child’s counsel of choice or in the absence thereof, a lawyer from the PAO
The child’s parents, guardians or nearest relative, as the case may be
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Any member of the bar shall, at the request of the person arrested or of another on his behalf, have the right to visit and confer
privately with such person in jail or any other place of custody at any hour of the day or , in urgent cases, of the night. This right shall
be exercised by any relative of the person arrested to reasonable regulation.
Executive Order Nr. 155, dated March 1987, amending RA No. 857, penalizes any public officer who deprives a person of his right
to counsel. The penalty shall be prison correctional or imprisonment of six months and one day to six years.
Republic Act (RA) No. 857 has been repealed by Republic Act. No. 7438, The penalty is now a fine of Php6,000.00 or imprisonment
of not less than eight years but not more than ten years, or both. The penalty of perpetual absolute disqualification shall be imposed
upon the investigating officer who has been previously convicted of a similar offense.
SEARCH WARRANT
Search Warrant is an order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace
officer, commanding him to search form personal property described therein and to bring it before the court.
A search warrant is issued only upon probable cause in connection with one specific offense to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses presented. The search warrant particularly described the place to
be searched and the things to be seized which may be anywhere in the Philippines.
Objects that are illegal per se may be seized under the plain view doctrine; even if these were not particularly described in
the search warrant
The warrant must be valid for ten days upon the date of issuance and may be served at any day within the said period. Thereafter, it shall
be void. If in the implementation of the search warrant, its object or purpose cannot be accomplished in one day, the search warrant can be
continued the following day, or days, until completed, provided it is still within the ten-day validity period of the search warrant.
All applications for a search warrant shall be personally endorsed by the heads of the agency for the search of places and the things to be
seized to be particularly described therein.
In the conduct of the search, if after giving notice of his purpose and authority, the police officer is refused admittance to the place of
search, he may break open any outer or inner door or window or any part of a house or anything therein to implement the warrant or liberate
himself or any person lawfully aiding him when lawfully aiding him when unlawfully detained therein.
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Houses, rooms, or other premises shall not be searched except in the presence of the lawful occupant thereof or any member of his family
or, in the absence of the latter, the presence of two witnesses of sufficient age and discretion residing in the same locality. Lawful or personal
properties, papers and valuables not specifically indicated or particularly described in the search warrant shall not be taken.
Certain situations call for lawful searches and seizures without a search warrant. Police Officers must carefully follow procedures when
conducting such warrantless searches and seizures.
To constitute a waiver of this constitutional right, it must appear first that the right exist; second, that the person involved had either actual
or constructive knowledge of the existence of such right; and that said person had an actual intention to relinquish the right.
The police officer has the right to stop a citizen on the street, interrogate him and pat for weapons whenever the officer observes unusual
conduct which convinces him that a criminal activity exists.
A search warrant should be validly dispensed with in cases exigent and emergency situations and the police officers have reasonable
grounds to believe that a crime is being committed, and they have no opportunity to apply for a search warrant from the courts because the
latter were closed.
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
TIPPED INFORMATION
If the police officers have reasonable grounds to believe that the subjects are engaged in illegal activities, the tipped information is
sufficient to provide probable cause to effect a warrantless search and seizure.
ACTIVITY/ ASSIGNMENT:
1. What is an arrest?
2. What are the two methods of arrest and how are they done?
3. When are arrest considered lawful?
4. What is a hot pursuit arrest?
5. What is the duties of arresting officers?
6. What are the procedures of effecting an arrest?
7. What are the procedures regarding the arrest of minors?
8. What is Search and Seizure mean?
9. What is a search warrant?
10. What are the procedures in conducting search?
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
MODULE 3 TOPICS
TECHNIQUES OF OBTAINING INFORMATION AND OTHER
INVESTIGATIVE STRATEGIES
- Surveillance
- Methods and Terms of Surveillance
- Investigative Interviewing
- P.E.A.C.E. Interview Process
- Challenges in Investigative Interviews
- Interrogations
- Why People Confess
- Horowitz’s Social-Psychological Concepts
- Pavlov’s Behavioral Conditioning
- Why Some People Do Not Confess
- Profiling and Techniques
- Other Records for Victims of Enforced Dis appearances
Learning Objectives:
At the end of this module, the student will be able to Enumerate the different terms of Surveillance and discuss the process of investigative
Interviewing and its purpose; the process of interrogation and its objectives; and the purpose of profiling and its contribution to an investigation.
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
SURVEILLANCE
Surveillance may be described as the unobstrusive observation of a person, place, or thing. A “person” can either be the suspect, family
members and known associates. A “place” could be the business establishment of the suspect he frequently visits or the suspect’s house. A
”thing” could be a ransom drop, a vehicle , or any designated spot.
The specific objectives of a surveillance according to Osterburg and Ward (2010) are:
To locate suspect;
To obtain detailed information about the nature and scope of an individual’s activities as they relayed to suspected criminality;
To prevent the commission of crimes such as arson or robbery;
To apprehend immediately those who commit a crime while under surveillance.
Electronic of Technical Surveillance- use of any form or technological computer equipment to monitor the movement or actions of
the suspect
Subject- the party under surveillance
Surveillant- the person conducting the surveillance
Tail – to follow and keep under surveillance
Stakeout – also called a plant or fixed surveillance
Undercover - an undercover agent who often gets to know or work alongside the subject. The term roping describes this situation,
and the undercover is palnted
Convoy – a counter measure to detect a surveillance
Shadow – to follow secretly
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Investigative Interviewing
The PNP Filed Manual on Investigation of Crime of Violence and Other Crimes defines the goal of the interview process as that which
encourages an open-minded and ethical approach to interviewing suspects and victims. The ain of each stage is to increase the quality and
quantity of information gathered from the interviewee.
It also provides a checklist in conducting an interview on victims or witnesses and on suspects. The list provided below systematically
presents the mindset am investigator should be in while conducting an interview and the approach he has to take in order to acquire the
necessary information that can move the investigation forward.
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
4. Closure
5. Evaluation
Challenges in Investigative Interviews:
INTERROGATIONS
The purpose of an interrogation is to elicit from the suspect or from his/her relatives or associates information that they may be suppressing
in order to protect the suspect from being subjected to criminal prosecution. It is but human nature to hide information in order to protect one’s
interest and it is the duty of the investigator to determine the truth and thereby employ interrogation tactics when necessary.
The main objective of an interrogation is to obtain information detrimental to a suspect’s case but other results may be obtained such as:
Establish the innocence of a suspect by clearing up facts that seem to point to guilt;
Obtain from the suspect or relatives and friends of the suspect:
a. Names of accomplices
b. Facts and circumstances surrounding the crime
c. Follow-up leads provided unwittingly, or with ulterior motive, such as faking alibi;
d. The location of stolen goods;
e. The location of physical evidence, such as documents, weapon, or a burglar’s
Obtain from the suspect alone:
a. An admission- an express or implied statement tending to support the suspect’s involvement in the crime, but insufficient by
itself to prove guilt;
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Why People/Suspect Confess? M.W. Horowitz in his paper on the psychology of confession explains how influential evidence or particularly,
physical evidence is when presented to a suspect. The reaction is a building up internal, self-generated psychological pressure that makes the
suspect confess.
ACCUSATION
EVIDENCE IS AVAILABLE
FORCES
GUILT FEELINGS
CONFESSION
PROFILING
Profiling has been defined by different authors in in different ways but have at one point or another intersected with the following
definitions:
1. Profiling is the use of various techniques to provide investigators with information such as personality and behavioral characteristics
about an individual who is responsible for committing criminal acts based on information from the crimes they have committed.
2. McGrath (2000) argues that profiling can be described as a process designed to assist criminal investigative efforts.
3. Profiling is a combination of analysis of available information and the application of relevant psychological theories to provide
investigators with clues about the likely characteristics such as where they might live or their occupation and the type of person who
would have committed the offense.
PURPOSE
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
It is crucial to stress that the purpose of profiling is not to provide the specific identity of an offender but to identify their major personality
and behavioral characteristics (Hagan,2009). Holmes and Holmes Offender Profiling (2002) highlight three ways in which profiling can aid the
investigative process:
Provide a social and psychological assessment of the offender- including the core components of the offender’s personality. It
should help to reduce the number of possible perpetrators the police are investigating, in other words to focus their investigation. It
could also predict possible future attacks.
Provide a psychological evaluation of possessions found with suspected offenders- the profile may suggest items offenders may
have in their possession. This is particularly useful if the rest of the available evidence is directing the police to a prime suspect. A
profiler can also use analysis of the offender’s possessions to advise the police about interview strategies.
Provide advice concerning on interviewing strategies with suspects- the profiler should be able to provide police with advice about
different personality types and possible effective interview strategies depending on the characteristics of the offender. The maximum
amount of information may then be elicited.
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
MODULE 4 (TOPICS)
POLICE INTELLIGENCE
Learning objectives
At the end of this module students will be able to know the definition of Intelligence and Police Intelligence and the objectives of
intelligence; enumerate types of intelligence, and the process of the five cycles of intelligence; learn what is information and the general
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
classification of information; the difference between the overt and the covet intelligence and the persons as a source of information and the
types of informant.
Intelligence Defined
A. In Webster definition:
Is the capacity for understanding and for other forms of adaptive intellect of behavior, the mind is in operation.
Knowledge of an event, circumstances, etc., received or imparted; the gathering or distribution of information; the staff of persons
engaged in obtaining such information.
B. Psychology:
Intelligence is the capacity of a person to adjust to new situations through the use of what has been previously learned.
C. Government Commission Task Force:
It means the collection, processing, collation, interpretation, evaluation and dissemination of information, with references to national
security.
In certain context, it may also mean the network or the system of collection, collation, interpretation, evaluation, processing and
dissemination of information. The term as used here does not include any police powers or authorities, any investigative functions
other than those involve in the collection of information nor any function involved in the enforcement of laws, orders, or regulation.
D. Military Intelligence:
Intelligence is the end product resulting from the collection, evaluation, analysis and interpretation of all available information which
may have immediate or potential significance to the development and execution of plans, policies, and programs of the users.
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
OBJECTIVE OF INTELLIGENCE
Today all countries have their intelligence services. They may be different in their organization, efficiency and method but they all have
the basic functions:
POLICE INTELLIGENCE- It is the end product resulting from the collection, evaluation, analysis, integration and interpretation of all available
information regarding the activities of a criminal and other law violators for the purpose of affecting their arrest, obtaining evidence, and
forestalling plan to commit crime.
PURPOSE OF INTELLIGENCE
Check on the security conditions of PNP Personnel, funds, equipment and materials.
Help in crime control prevention.
Serve as a tool of management for planning and organizational employment purposes.
Open Sources- 99% of the info collected are coming from open sources.
Close sources- 1% info from close sources.
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DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Overt Intelligence – is the gathering of information or documents procured openly w/o regard as to whether the subject or target become
knowledgeable of the purpose.
Covert Intelligence – is the secret procurement of information, which obtained w/o the knowledge of the person or persons safeguarding vital
intelligence interest.
Informant Net – it is controlled group of people who worked through the direction of the agent handler.
Informants (Asset) – people selected as sources of information, which could be voluntary, or in consideration of price.
Informant refers to a person who gives information to the police voluntarily or involuntarily without any consideration while informer gives
information to the police for a price or reward.
TYPES OF INFORMANT
Criminal Informant
Confidential Informant
Voluntary Informant
Special Informant
Anonymous Informant
Surveillance is continues with general objectives while Reconnaissance is intermittent (mission or operation) and it has specific objectives.
CASING
It is reconnaissance or surveillance of a building place or area to determine its suitability for intelligence use or its vulnerability in
operations. It aids in the planning of an operation by providing needed in information. It assist the agent handler to install confidence in his
agent during briefing phase by being able to speak knowingly about the area of operation. Casing is also considered a security measure
because it offers some degree of protection for those operating in an area unfamiliar to them.
ELICITATION
It is a system or plan whereby information of intelligence value is obtained through the process of direct intercommunication in which one
or more of the parties to the common is unaware of the specific purpose of the conversation. Effective elicitation is a difficult tool to master. It is
in essence, a subtle form of interrogation and is often the only means to gain information from a human source.
PORTRAIT PARLE
It is a means of using descriptive terms in relation to the personal features of an individual and it can be briefly described as a word
description or a spoken picture.
The need for obtaining information of highest degree of credibility on the minimum time. It must be objective.
Direct – the subject is aware of the fact the he is being interrogated, but he may not learn the true objectives of the interrogation.
Indirect- the subject is not aware that he is being interrogated. This is being used when time is not so important.
INTERROGATION TECHNIQUES
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Open Techniques
Common Interest Techniques
Record File (we know all techniques)
Exasperation
Opposite Personality Techniques
Egotist Technique
Silent Technique
Question Barrage Technique ( Rapid Fire Questioning)
MODULE 10 TOPICS
DEATH INVESTIGATION
- Manner of Death
>Homicide
>Suicide
>Accidental Death
>Death by Natural Causes
>Undetermined Death
>Conducting the Investigation
>Investigative Consideration
>Investigative Activities in a Homicide
> Motive
>Categorizing Motive
>Determining Motive
>Crime Scene
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Learning Objectives
At the end of this module the student will be able to cause of death from manner of death; discuss the legal definition of homicide
according to Revised Penal Code; enumerate and explain the areas that an investigator should focus on during a suicide investigation; explain
and differentiate accidental, natural and undetermined deaths; discuss the considerations that an investigator should attempt to determine in
death cases; explain the different changes in the body after death and their significance in death investigations and discuss the techniques and
considerations in investigating death re gunshot wounds, stabbing, beating, strangulation and poisoning.
Cases involving death are among the most difficult types on investigations associated with law enforcement. This types of investigation
requires the use of all available investigative skills and techniques. The investigator should approach every death investigation with an open
mind and w/o preconceived ideas about what took place prior to the investigator’s arrival. What may appear to be an accident may, in fact, later
prove to be suicide. A death to be suicide may appear to be homicide, or the result of an accident. Many times, the investigator may not know
what actually happened until all of the evidence has been collected and evaluated in the case.
HOMICIDE
Homicide refers to the killing of one person by another. It is not synonymous to murder, which refers to unlawful killing with criminal intent.
Hence, all murders are homicides, but not all homicides are murders. .Criminal investigators encounter death in many ways and they have to
be clear in identifying how to best described the crime base on the law. The Revised Penal Code (RPC) of the Philippines clarifies the following
distinction regarding crimes against persons:
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
Art. 246-Parricide-any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or
descendants, or his spouse shall be guilty of parricide.
Art. 248 –Murder is any person who, not falling within the provisions of Art. 246 who kills another, shall be guilty of murder if
committed with any of the following attendant circumstances;
1. With Treachery, taking advantage of superior strength with the aid of armed men
2. In consideration of price, reward or promise
3. By means of inundation, fire, poison, explosion
4. On occasion of any calamities
5. With evident premeditation
6. With cruelty
Art. 249- Homicide- Any person who, not falling within the provisions of Art. 246, who kills another w/o the attendance of any of the
circumstances enumerated in Art. 248,, shall be deemed guilty of homicide.
SUICIDE - It is defined as the deliberate termination of one’s life. It can be accompanied by shooting, stabbing, poisoning, burning, or by
hanging or strangulation. Homicide are sometimes made to look like suicides and suicides are sometimes made to look like accidents.
There are four areas that an investigator should focus on during suicide investigation:
DEATH BY NARURAL CAUSES- are often the result of old age or disease.
UNDTERMINED DEATH- Occasionally there are circumstances where the type of death may remain undetermined, regardless of the
investigative efforts. Such cases may occur when a body that is found has been badly decomposed.
St. Vincent College of Cabuyao
DEPARTMENT OF CRIMINOLOGY
Barangay Mamatid, Cabuyao, Laguna
SOME INVESTIGATIVE CONSIDERATIONS WHEN CONDUCTING A DEATH INVESTIGATION, THE INVESTIGATOR SHOULD ATTEMPT
TO DETERMINE IF CERTAIN EVETNS TOOK PLACE IN CONUNCTION WITH THE DEATH:
MOTIVE – is important in determining the possible suspects in a homicide. It is often that a relationship exists between victim and perpetrator
and an investigator understanding this relationship can determine the motivation behind the crime. .Further investigation can reveal links
between person through the possible motivations and thereby focusing the suspect list by either eliminating suspects or in developing
additional evidence to support guilt.
CATEGORIZING MOTIVES
Financial gain
Sexual gratification
Apparently sex-connected homicide
Emotional factors
Self-protection
Removal of an inconvenience or impediment
Thrill killing
Aside from understanding the motivation behind a homicide it is, of course, necessary to understand how an Investigator ascertain motive.
There are three sources of information from which the motive can be acquired: CRIME SCENE, PEOPLE and RECORDS.
Crime Scene- The physical evidence found in the crime scene can provide an investigator an idea of the motivations behind a crime as he can
identify similarities between past investigations can thereby provide assumptions. Creating a profile of the offender from the evidence provided
in the crime scene can also point to the motive.
People – Family, friends, business associate are the most productive resource in providing information for motive.
Assignment/Activity