Criminal Detection & Investigation NOTES ON CRIME DETECTION AND INVESTIGATION CDI-1:

FUNDAMENTALS OF CRIMINAL INVESTIGATION CRIMINAL INVESTIGATION – is an art which deals with

the identity and location of the offender and provides evidence of guilt through criminal proceedings.
INVESTIGATION DEFINED: The collection of facts to accomplish a three-fold aim: to identify the guilty
party; to locate the guilty party; and to provide evidence of his guilt. PRIMARY JOB OF AN
INVESTIGATOR 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). SIX CARDINAL POINTS OF INVESTIGATION WHAT
specific offense has been committed? Nature of crime WHERE crime was committed? Place or location
WHEN it was committed? Time and date WHOM it was committed? Persons/s involved WHY it
was committed? Reason or motive of Committing the crime HOW it was committed? Manner,
method or modus operandi QUALITIES OF A GOOD INVESTIGATOR Perseverance Intelligence
Honest Understanding of the people and environment Keen power of observation 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. THREE TOOLS OF INVESTIGATION 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 AND INTERROGATION 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. RULES TO BE OBSERVED IN QUESTIONING One question at a time Avoiding implied answer
Simplicity of the questions Saving faces Avoid close ended questions (yes or no) INTERROGATION –is a
questioning of a person suspected of having committed an offense or a person who is reluctant to make
full disclosure of information in his possession which is pertinent to the investigation. What are the
purposes of Interrogation? To obtain confession to the crime To induce the suspect to make admission
To learn the facts of the crime To learn the identity of the accomplice To develop information which will
lead to the recovery of the fruits of the crime To discover the details of other crimes participated by the
suspect INTERROGATION TECHNIQUES Emotional Appeal Place the subject in the proper frame of mind.
The investigator should provide emotional stimuli that will prompt the subject to unburden himself by
confiding. Analyze the subject’s personality and decide what motivation would prompt him to tell the
truth, and then provide those motives through appropriate emotional appeals. Sympathetic appeal The
suspect may feel the need for sympathy or friendship when he is apparently in trouble. Gestures of
friendship may win his cooperation. Kindness The simplest technique is to assume that the suspect will
confess if he is treated in a kind and friendly manner. Extenuation The investigator indicates he does
not consider his subject’s indiscretion a grave offense. Shifting the blame The interrogator makes clear
his belief that the subject is obviously not the sort of person who usually gets mixed up in a crime like
this. The interrogator could tell from the start that he was not dealing with a fellow who is a criminal by
nature and choice. Mutt and Jeff Two (2) Agents are employed. Mutt, the relentless investigator, who is
not going to waste any time because he knows that the subject is guilty. Jeff, on the other hand, is
obviously a kind-hearted man. Bluff on a Split Pair 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: CUSTODIAL
INTERROGATION/INVESTIGATION – is the questioning of a law enforcement officer on a person under
custody and otherwise deprived of his freedom or liberty. This is the stage in investigation where there
is strict observance of the Miranda Doctrine. 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. PHASES/STAGES OF
CRIMINAL INVESTIGATION Identification of criminals Tracing and locating the criminal Gathering of
evidence to prove the guilt of the criminal IDENTIFICATION OF CRIMINALS METHODS OF IDENTIFYING
CRIMINALS By confession or admission of the criminal himself Identification by accounts or testimonies
of eyewitnesses Identification by circumstantial evidence Identification by associative evidence
Identification by the Method of Operation (Modus Operandi) CONFESSION– is the direct
acknowledgement of guilt arising from the commission of a crime. Types of Confession Extra-Judicial
Confession – those made by the suspect during custodial investigation. 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. ADMISSION– is a self-
incriminatory statement by the subject falling short of an acknowledgement of guilt. It is an
acknowledgement of a fact or circumstances from which guilt maybe inferred. It implicates but does not
incriminate. It is also an acknowledgement that a fact, action or circumstances are true which strongly
infer or directly admit guilt but lacks the detail of the elements of the crime. RULES TO BE OBSERVED IN
TAKING CONFESSION OR ADMISSION Confession or admission must be taken preferably in writing and
under oath It must be written in the language known and understood by the accused, if not it must be
clearly translated It must be freely and voluntary given by the accused Under the New Constitution, it
must be taken in the presence of competent and independent counsel chosen by the accused KINDS OF
CRIMINALS IDENTIFIED BY WITNESSES Known criminals Unknown criminals Methods of Identification by
witness Verbal description Photographic files (Rogues Gallery) General Photograph Artist sketch
(Composite Criminal Illustration) The value of identification by eyewitness depends on: The ability to
observe and remember distinct appearance of suspect; Prevailing condition of visibility; The lapse of
time. What are the procedures of identification by eyewitness? 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. What must be inferred to prove identity by
circumstantial evidence? Motive – is what induces the criminal to act Intent –is the result or
accomplishment of the act Opportunity –is the physical possibility that the suspect could have
committed the crime. It could be inferred from the following: The suspect could have been in the vicinity
of the crime scene at the time it was committed. Knowledge of the criminal objective. Absence of an
alibi on the part of the criminal. PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS 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.
TRACING AND LOCATING THE CRIMINALS 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
Anonymous informant – do not wish to be identified. Rival elimination informant – to eliminate
competition. False informant – reveals information of no consequence or value. Frightened informant –
motivated by anxiety. Self-aggrandizing – hangs about the fringes of the criminals. Mercenary informant
– gives information for a price. Double crosser informant – to get more information from the police.
Woman informant – female associate of the criminals. Legitimate informant – operators of legitimate
business establishments. 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. Surveillance of Place (fixed/ stake-out) Shadowing Roping
SURVEILLANT – is the person who maintains the surveillance or performs the observation. SUBJECT –
the person or place being watched or surveyed. KINDS OF SURVEILLANCE Surveillance of places Tailing
or shadowing Undercover investigation or roping How to conduct surveillance of place? 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. Two man – two agents are employed to follow the subject.
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. Combined foot-auto surveillance
– employment of surveillants on foot and agents in an automobile. What are the things that should be
avoided during shadowing? Don’t meet the eye of the subject Don’t adopt a slinking, sleuthing, creeping
manner Don’t wear story book disguises Don’t carry noticeable items Don’t greet fellow agents Don’t
make notations ostensibly How to detect foot surveillance? 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. stopping abruptly and look back casually looking around reversing course/retracing steps
boarding bus and alighting just before they start riding short distance on bus circling the block on a taxi
entering a building and leaving immediately via another exit stopping abruptly after turning a corner
using convoys watching reflection in shop windows walking slowly and rapidly at alternate intervals
dropping a piece of papers to see if anyone retrieves it stopping to tie a shoe string, meanwhile looking
around for surveillants arranging with a friend in a shop, stores or other places to watch for surveillants.
How to elude foot surveillance? 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 leaving a building through the rear or side exits losing one self in crowds entering theaters and
leaving immediately through an exit pointing out one surveillant to a police to a generally require the
agent to explain his action using decoys taking the last taxi at a stand 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. How to detect automobile surveillance 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: Alternate fast and slow driving Driving into dead-end streets Frequency
parking Committing flagrant traffic on one way streets, and running through red lights Stopping
suddenly around curves or corners Pulling into driveways Speeding up a hill, then coasting slowly down
How to elude automobile surveillance Committing traffic violations Using double entrances to
driveways; in one and out the other Curbing through parking lots Driving through congested areas
Deserting the vehicle behind curves or corners, but permitting the drivers to drive on as a decoy.
UNDERCOVER INVESTIGATION – is a form of investigation in which the investigator assumes a different
and unofficial identity in order to obtain information. DEFINITIONS Undercover- an investigative
technique in which the Agent’s/Investigator’s official identity is concealed to accomplish an investigative
mission. Natural cover- using the individual’s true identity, occupation or profession. Artificial cover- the
manufacture of documents, false documents, passports, or forged documents. GATHERING EVIDENCE
CRIME SCENE INVESTIGATION It is the conduct of processes, more particularly, the recognition, search,
collection, handling, preservation and documentation of physical evidence to include the identification
and interview of witnesses and the arrest of suspect/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. What
Constitute a Crime Scene? Crime scene can be understood to include all areas in which the criminal, any
possible victim and any eyewitness move during the time the crime was committed. 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. GOLDEN RULE AT CRIME SCENE
INVESTIGATION Never touch, move, or alter any object at the crime scene unless it has been
photographed, measured, and sketched from any conceivable angle. UPON RECEIPT OF THE CRIME
INCIDENT The Desk Officer shall: 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. The First Responder shall: Cordon off the crime
scene with whatever available materials like ropes, straws, human barricade, police line, etc.; Evacuate
injured persons to the nearest hospital; Prepare to take the “dying declaration” of severely injured
person, if any; Prevent entry/exit of persons within the cordoned area; and Prepare to brief the
investigator of the situation upon their arrival. CRIME SCENE INVESTIGATION PROPER A. Receipt of
Briefing and Designation of Command Post 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. Initiation of Preliminary Survey (Team
Leader of CSI or SOCO) Makes a general assessment of the scene; Takes a cautious walk- through of the
crime scene; Takes down extensive note to document important factors; Establishes the evidence most
likely to be encountered; Defines the extent of the search area; Determines the personnel and
equipment needed and makes specific assignments; and From his assessments, he develops a general
theory of the crime scene. Preparation of Narrative Report The Team leader uses the systematic
approach in making a narrative report. Documentation of the Crime Scene 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. PHOTOGRAPHING THE CRIME
SCENE 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. MAJOR TYPES OF PICTORIAL
VIEWS General View or Long-Range – photograph of the over-all scene. Distance: From the doorway to
the room and other corners of the room Mid-Range View Distance: Eight or ten feet from the victim
Close-up View – every physical evidence must be photographed in close-up view and for different
angles. CRIME SCENE SKETCHES 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 Scale and
proportion Legend Title SPECIFIC KINDS OF SKETCHES 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. Sketch in Details – the immediate scene only.
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 Floor Plan 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. CRIME SCENE SEARCH 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 time when the physical evidence was discovered; The person who discovered and collected the
physical evidence; The time when evidence was packaged and marked; and The disposition of the item
when it was collected. F. Collection of Physical Evidence The competence to recognize and properly
collect physical evidence is critical to both solving and prosecuting crimes. 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: The article must be properly identified Chain of custody must be proved The evidence must
be material and relevant 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. G. Conduct of Final Survey The team leader makes a final review on the crime
scene to determine whether or not the processing has been completed. H. Release of the Crime Scene
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.