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CDI Fundamental of Crimnl Inves
CDI Fundamental of Crimnl Inves
CRIMINAL INVESTIGATION – is an art which deals with the identity and location of the offender and
provides evidence of guilt through criminal proceedings.
The primary job of the investigator is to discover whether or not an offense has been committed under
the law, after determining what specific offense has been committed, he must discover how it was
committed, by whom, where it was committed, when and why it was committed (Cardinal points of
Investigation 5W’s and 1H).
operandi
Perseverance
Intelligence
Honest
Understanding of the people and environment
TRAINING
Training, as one of the foundations of investigation, is concededly a vital ingredient in the creation of a
total investigator. Experience alone does not make one good investigator. Many who had been hostage
to this notion often ended in jeopardy. The ideal conjugal partnership is training and experience. The
fusion of the best training and vast experience is a formidable force that can threat even the most
sophisticated technology and syndicated crimes. The necessity of training as a purveyor of change builds
the investigator’s confidence. It widens his vision for professional growth and strengthens his will to
survive and prevail over crises.
The National Forensic Science Training Institute (NFSTI) under the Philippine Public Safety College is the
institution that trains uniformed personnel of the Philippine National Police to become a certified
investigator.
INFORMATION
It is the knowledge/data which an investigator acquired from other persons and records.
Classes of Information
Regular Sources – records, files from government and non-government agencies, news items.
Cultivated Sources – information gathered upon initiative of the investigator from informants, vendors,
taxicab driver, GRO, and others.
Grapevine Sources – these are information coming from the underworld characters such as prisoners
and ex-convicts.
INTERVIEW – Is a conversation with a purpose, motivated by a desire to obtain certain information from
the person being interviewed as to what was done, seen, felt, heard, tasted, smell or known.
This is the questioning of a person believed to possess knowledge that is in official interest to the
investigator.
BASIC ASSUMPTIONS
Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not want
to. Therefore, people will have to be persuaded, always within legal and ethical limits, to talk to law
enforcers. This makes interviewing an art.
I.R.O.N.I.C. FORMAT
The interview of a witness can be described by its acronym ‘IRONIC’ which stands for Identity, Rapport,
Opening Statement, Narration, Inquiry, and conclusion.
Identity – prior to the commencement of an interview, the investigator should identify himself to the
subject by name, rank and agency. Except, when there is no need to know the officer’s identity.
Rapport – it is good to get the positive feeling of the subject towards the investigators, such friendly
atmosphere is a vital for both the subject and the investigator t have a better interaction.
Opening Statement – the investigator must have to indicate why the subject is being contracted.
Narration – the witness should be allowed to tell all he knows with little interruptions from the
investigator.
Inquiry – after all information have been given by the subject, that is the time for the investigator to as
question to clarify him about the case under investigation.
Conclusions – after the interview, it is but proper to close the interview with outmost courtesy and
thanking the subject for his cooperation.
Saving faces
To develop information which will lead to the recovery of the fruits of the crime
INTERROGATION TECHNIQUES
Emotional Appeal
Place the subject in the proper frame of mind. The investigator should provide emotional stimuli that
will prompt the subject to unburden himself by confiding. Analyze the subject’s personality and decide
what motivation would prompt him to tell the truth, and then provide those motives through
appropriate emotional appeals.
Sympathetic appeal
The suspect may feel the need for sympathy or friendship when he is apparently in trouble. Gestures of
friendship may win his cooperation.
Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind and friendly
manner.
Extenuation
The investigator indicates he does not consider his subject’s indiscretion a grave offense.
The interrogator makes clear his belief that the subject is obviously not the sort of person who usually
gets mixed up in a crime like this. The interrogator could tell from the start that he was not dealing with
a fellow who is a criminal by nature and choice.
Mutt, the relentless investigator, who is not going to waste any time because he knows that the subject
is guilty.
This is applicable when there is more than one suspect. The suspects are separated and one is informed
that other has talked.
Pretense of Physical Evidence
The investigator may pretend that certain physical evidence has found by laboratory experts against
him.
Jolting
May be applied to calm and nervous subjects by constantly observing the suspects, the investigator
chooses a propitious moment to shout a pertinent question and appear as though he is beside himself
with rage. The subject may be unnerved to the extent of confessing:
MIRANDA DOCTRINE – this case which entitled Miranda vs. Arizona, is a US Supreme Court
Jurisprudence which laid down the constitutional rights of the accused during custodial investigation. It
was incorporated in our 1973 Constitution and later in the 1987 Constitution of the Philippines.
INSTRUMENTATION
It is the application of instruments and methods of physical science to the detection of crimes. In cases
where there are no significant physical evidence to be found, then the use of instrumentation is
relatively unimportant.
Identification of criminals
IDENTIFICATION OF CRIMINALS
CONFESSION– is the direct acknowledgement of guilt arising from the commission of a crime.
Types of Confession
Judicial Confession– those made by the accused in open court. The plea of guilt may be during
arraignment or in any stage of the proceedings where the accused changes his plea of not guilty to
guilty.
It must be written in the language known and understood by the accused, if not it must be clearly
translated
Under the New Constitution, it must be taken in the presence of competent and independent counsel
chosen by the accused
Known criminals
Unknown criminals
Verbal description
General Photograph
Artist sketch (Composite Criminal Illustration)
Physical line-up – is a means of selecting a suspect from a group of innocent persons usually composed
of seven to ten persons. The purpose of line-up is to eliminate the power of suggestion.
Physical show-up – only one person is shown to the witness usually at the scene of the crime and made
immediately after the arrest of the suspect.
CIRCUMSTANTIAL EVIDENCE - facts or circumstances from which, either alone or in connection with
other facts, the identity of the person can be inferred.
Opportunity –is the physical possibility that the suspect could have committed the crime.
The suspect could have been in the vicinity of the crime scene at the time it was committed.
CORPUS DELICTI– is the body of the crime or fact of specific loss or injury sustained. It constitutes the
essential parts or elements in the commission of the crime.
ASSOCIATIVE EVIDENCE – these are the pieces of evidence that will link the suspect to the crime scene.
The suspect may leave some clues at the scene such as weapons, tools, garments or prints.
TRACING EVIDENCE – articles which assist the investigator in locating the criminal. Stolen goods in the
possession of the suspect in an example of tracing evidence.
MODUS OPERANDI – is the method of operation by a specific criminal or criminal syndicate. It is a
distinct pattern of how a crime is committed and is established by a series of crimes under one
classification. The modus operandi of one criminal is distinct and different from the other. It is a criminal
trademark, logo or brandname.
INFORMANT – is a person who gives information to the police relevant to a criminal case about the
activities of criminals or syndicates.
TYPES OF INFORMANTS
MOTIVES OF INFORMANTS
Vanity
Civic-mindedness
Fear
Repentance
Avoidance of punishment
Competition
Revenge
Jealousy
Remuneration
SURVEILLANCE – is the secret observation of persons, places,and vehicles for the purpose of obtaining
information concerning the identities or activities of the subject.
Shadowing
Roping
SURVEILLANT – is the person who maintains the surveillance or performs the observation.
KINDS OF SURVEILLANCE
Surveillance of places
Tailing or shadowing
A careful survey of the surrounding area should be made. The character of the neighborhood, residents
and transient should be noted. The observation point should be selected properly. When observation is
conducted from a ‘plant’, surveillance agents must be extremely careful not to reveal their true activity.
Observation maybe made through a window or other aperture so as to be unnoticed from the outside.
Venetian blinds afford the best coverage, but may appear to be out of place of some buildings. An
alternative is to lower the roller of draw shades another inch from the window. Binoculars are generally
essentially equipment of the plants, as they facilitate positive identification of person entering or leaving
the place under and observation. A still or video camera with telephoto lens can also be used
effectively. Agents should take careful notes of what they observe and should record detailed
descriptions of all individuals entering the target. A chronological log is usually the best of recording
pertinent occurrences.
TAILING OR SHADOWING – is the act of following a person, depends on the number of surveillant
available, volume of pedestrian traffic and importance of concealing the surveillance.
METHODS OF SHADOWING
One man –extremely difficult and should be avoided, if unavoidable keep subject in view at all times.
ABC method – reduces the risk of losing the subject, affords greater security agents detection.
Progressive/Leap from method – poor chances of obtaining good results, agents are stations at a fixed
point assuming that subject followed the same general route each day.
A subject who is suspicious of being under surveillance may resort to trickery in order to verify his
suspicion. When a subject resort to such trickery, it is good policy to change agents, for the suspect may
have ‘spotted’ one or more of his surveillants.
using convoys
arranging with a friend in a shop, stores or other places to watch for surveillants.
Common method to elude foot surveillance in which surveillants must be prepared and guard against
are the following:
jumping off a bus, trains just as the doors are about to close
pointing out one surveillant to a police to a generally require the agent to explain his action
using decoys
changing clothing
AUTOMOBILE SURVEILLANCE
The methods of auto surveillance to be used depends upon the numbers and type of surveillance
vehicles available, the volume of vehicular traffic in the area, the importance of concealing the
surveillance from the subject, and the subject’s estimated ability to detect and elude surveillance. At all
times each vehicle should be occupied by at least two agents; one to concentrate on driving, and the
other to observe, take notes, operate radio equipment, or to dismount and continue the surveillance on
foot.
As in the case of foot surveillance, a subject who believes he is being followed may resort to trickery in
order to verify his suspicions. Some of the common tricks employed:
Frequency parking
Committing flagrant traffic on one way streets, and running through red lights
Deserting the vehicle behind curves or corners, but permitting the drivers to drive on as a decoy.
DEFINITIONS
Artificial cover- the manufacture of documents, false documents, passports, or forged documents.
GATHERING EVIDENCE
It is the conduct of processes, more particularly, the recognition, search, collection, handling,
preservation and documentation of physical evidence to include the identification and interview of
witnesses and the arrest of suspect/s at the crime scene.
SOCO (Scene of the Crime Operation) – Republic Act6975 as Amended by Republic Act 8551 (PNP Law).
The former law placed the Philippine National Police Crime Laboratory as an Operational Support Unit.
The Crime Laboratory established the so-called Scene of the Crime Operation (SOCO) which is field
operation. This is now an innovation because the SOCO now gathers all evidence at the crime scene and
takes custody of them, marking and tagging them which otherwise the duty of the criminal investigator
before.
The boundaries must be established so that the entire crime scene can be effectively preserved.
In some crimes, however, the crime scene may actually comprise several different sites.
Never touch, move, or alter any object at the crime scene unless it has been photographed, measured,
and sketched from any conceivable angle.
Record the date and time the report/complaint was made, the identity of the person who made the
report, place of the incident and a synopsis of the incident.
Inform his superior officer or the duty officer regarding the report.
Cordon off the crime scene with whatever available materials like ropes, straws, human barricade,
police line, etc.;
Command Post – an area which, is ideally located adjacent to the Crime Scene where the CSI Evidence
Custodian stays and receives the pieces of evidence turned over to him for safekeeping by the other
evidence collectors.
Determines the personnel and equipment needed and makes specific assignments; and
The Team leader uses the systematic approach in making a narrative report.
The photographer begins taking photographs as soon as possible. The evidence collectors do not touch
or moved any evidence once it is located until it has been identified, measured and recorded.
The main objective crime scene photography is to create an accurate objective visual record of the crime
scene before any item ismoved as possible physical evidence.
Distance: From the doorway to the room and other corners of the room
Mid-Range View
Close-up View – every physical evidence must be photographed in close-up view and for different
angles.
A rough sketch is prepared indicating the actual measurement of things with scale and proportion
observed and oriented to the North Pole. All necessary information is placed in the sketch.
ELEMENTS OF SKETCH
Measurement
Compass direction
Essential items
Legend
Title
Sketch of Locality- give picture of the scene, the crime and its environs, including neighboring buildings,
roads, etc.
Sketch of the Ground- picture of the scene of the crime with its nearest physical surrounding.
Exploded/ cross projection – gives the clear impression of the scene in cases where blood stains or bullet
holes are found.
SKETCHING METHODS
Neighborhood sketch
Elevation Sketch
Detailed Sketch
TYPES OF MEASUREMENTS
Rectangular coordinates method – a sketching method that involves measuring the distance of an object
from two fixed lines at right angles to each other.
Triangulation method – a sketching method that requires measuring the distance of an object along a
straight line from two widely separated fixed reference points.
Baseline method– a sketching method that makes measurements along from a single reference line,
called a baseline, which can be established by using a length of string, chalk line, or some other
convenient means.
Compass point method– a sketching method that requires a protractor or some method of measuring
angles between two lines. One point is selected as the origin and a line extending from the origin
becomes an axis from which the angles can be measured.
Cross projection method – a sketching method in which the ceiling appears to open up like a lid of a
hinged box, with the four walls opening outward. Measurements are then indicated from a point on the
floor to the wall.
A crime scene search could only be started after it has been photograph and sketched to systematically
look for physical evidence that may prove useful in establishing that a crime has been committed and to
determine what method of operation the perpetrator may have used.
METHODS OF SEARCH
Strip or Line Search Method – the searchers will proceed at the same pace along the path parallel to one
side of the rectangle.
Double Strip or Grid Method – is a combination of the strip search and is useful for large crime scene.
Spiral or Circular Method – the searchers will follow each other in the path of a spiral, beginning in the
outside and spiraling towards the center or vice versa in a clockwise or counter clock-wise direction.
Quadrant of Zone Method – the area to be searched is divided into four quadrants and each searcher is
assigned to one quadrant.
Wheel, Radial or Spoke Method – is applicable for area which is considered to be approximately circular
or oval. The area is then divided into six quadrants in a pie-like fashion.
Notes Taking
Note taking must be a constant activity throughout the processing of the crime scene.Notes must
include:
Detailed written description of the Crime Scene with locations of recovered physical evidence;
The team leader is always informed of significant evidence located. The evidence collectors shall put his
initial, location and date of collection on the item and turn it over to the evidence custodian for
documentation and safekeeping.
PHYSICAL EVIDENCE – these are the articles and materials which are found in connection with the
investigation and which aid in establishing the identity of the perpetrator or the circumstances under
which the crime was committed or which, in general assist in the prosecution of criminal. It embraces
any object, living or inanimate, solid, liquid, or gas state.
What are the procedures needed for the care of physical evidence?
In order to introduce physical evidence in court, three important factors must be considered:
CHAIN OF CUSTODY
It is the number of persons who handled and possessed the pieces of evidence the moment they were
collected, marked and tagged, up to the time of the final disposition of the case.
The team leader makes a final review on the crime scene to determine whether or not the processing
has been completed.
The release of the crime scene is done if the investigator is satisfied that all pieces of evidence have
been recovered. Thus, the investigator must evaluate the items recovered from the results of the
interrogations of the suspect/s and the interview of the witnesses. He must bear in mind that upon the
formal release of the crime scene to the proper authority, the warrant is already required for his re-
entry to the crime scene.