DANIEL B PEŇA MEMORIAL COLLEGE FOUNDATION

COLLEGE OF CRIMINOLOGY

MODULE on
Fundamentals of Investigation
and Intelligence
CHAPTER 1:
INTRODUCTION TO CRIMINAL INVESTIGATION
Introduction:

A criminal investigation is usually conducted by law enforcement officers who has

responsibility to identify, collect, and gather pieces of evidence at the crime scene for a
specific purpose.

There shall be no one processing the crime scene but only the designated
criminal investigator who is equipped with knowledge and skills. First responders’
barricade or cordon the crime scene to protect pieces of evidence or for it not to be
able to be contaminated.

A criminal investigator looks for clues and evidence to determine whether a crime
has been committed or taken place. If a crime has been committed, the investigators shall
establish the three-fold aim of investigation, that is:

1. To identify the guilty party;

2. To locate the guilty party; and
3. Provide evidence of his guilt.

The Etymology of Criminal Investigation

The word investigation came from the old French investigacion which means “a
searching into” and from Latin word “investigationem” which means “a searching for”.
Investigation therefore refers to searching into either individual or properties.

The Criminal Investigation

Criminal Investigation refers to the collection of facts to accomplish the three-fold

aim: to identify the guilty part, to locate the guilty party, and to provide evidence for his
guilt through criminal proceedings.

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Chapter 1: Introduction to Criminal Investigation
DANIEL B PEŇA MEMORIAL COLLEGE FOUNDATION
COLLEGE OF CRIMINOLOGY

Criminal Investigator is a law enforcement officer who are trained, disciplined and
experienced to conduct criminal investigation and the one who carry the objectives of
criminal investigation. The investigator is sometimes called the superstar in the process of
investigation in which all instances investigator uses his discretion- the wise use of
judgement.

When to investigate? The police officer initially conducts investigation when one of
the following occur:

1. Complaint filed
2. Crime committed or crime is in progress
3. Drug related offense
4. Traffic accident
5. Operation of organized crime
6. Suspect is under arrest and detention
7. Suspect is at large and or fugitive from justice
8. Cases from the Katarungang Barangay with issued Certificate to File Action
by the Lupon Chairman

“At Large” means the suspect is not under arrest or detention not being a wanted
person in the eyes of the Law, and therefore cannot be lawfully arrested without a warrant.
However, in the case of a hot pursuit, the elements hereto may be applied.

“Fugitive from justice” this is obtained when an individual who, after having
committed a criminal offense, leaves the jurisdiction of the court where such crime has
taken place or hides within such jurisdiction to escape prosecution.

Is necessarily an escapee from detention or a escaped prisoner while serving a final

judgement rendered by a court of competent jurisdiction who can be legally arrested [Para
C, Sec 5, Rule 113, ROC] without the necessity of a warrant of arrest.

As a general rule: in all criminal investigation or proceedings probable cause must

be well established. Without probable cause, police cannot arrest a person nor avail the
issuance of warrant of arrest.

Probable Cause: means the facts and circumstances that would endanger a well-
grounded belief that a crime has been committed and the person to be arrested has
committed it.

PHASES OF CRIMINAL INVESTIGATION

1. The identification of criminal.

2. The criminal is traced, located, and arrested.
3. The pieces of evidence to prove the guilt of the accused are gathered.
4. Pieces of evidence are presented in court.

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DANIEL B PEŇA MEMORIAL COLLEGE FOUNDATION
COLLEGE OF CRIMINOLOGY

THE CONCEPT OF CRIMINAL INVESTIGATION AS AN ART AND SCIENCE

~ Criminal Investigation is an ancient science that may have roots as far back as
1700
BC.
~ It is an art because it is governed by rigid rules or fixed legal procedures but most
often based on intuition and sometimes by chance.
~ It is a science because it involves the application of knowledge of forensic sciences
in the process of identifying, locating, collecting, processing, and/or evaluating
physical evidences.

GOALS OF CRIMINAL INVESTIGATION

1. To determine if a crime has been committed.

2. To legally obtain information or evidence [otherwise, fruit of poisonous tree]
3. To identify persons involved [suspects/ victims/ witnesses].
4. To arrest suspects.
5. To recover stolen properties.
6. To present the best possible case to the prosecutor.

IMPORTANCE OR CRIMINAL INVESTIGATIONS

1. It provides facts of a crime and provided with solutions.

2. It helps the five pillars of the Criminal justice System in recognizing and
identifying criminal and provide justice to offended party, offender [as the case
may be], and in promoting social justice.
3. An aid in enforcing the laws and the protection of lives and properties.

As a general rule, all crime must be recorded in the official police blotter – 18” x
12” logbook that contains the daily registry of all crime incidents reports, official summary
of arrest, and other significant events reported in the police station.

CHARACTERISTICS OF AN INVESTIGATOR

1. KNOWLEDGEABLE, this refers to the investigator who exhibit understanding

about crime, evidence, law, to include the suspect and the victim.

2. PERSEVERANCE, refers to the steadfastness, persistence, and resolution to

bring the desired conclusion in spite of obstacles connected with criminal
investigation.

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Chapter 1: Introduction to Criminal Investigation
DANIEL B PEŇA MEMORIAL COLLEGE FOUNDATION
COLLEGE OF CRIMINOLOGY

3. ENDURANCE, this refers to the ability of the investigator to withstand hardship

in the conduct of investigation to include the ability to last physically and
mentally.

4. HONESTY AND INTEGRITY, the investigator must always observe moral

convictions of doing the right thong in all circumstances. There is the ever
temptation of money, women, and drinks, etc., that influence the result of
investigation.

5. THE INTELLIGENCE AND WISDOM OF SOLOMON, this is very important in

order that the investigator could easily decipher falsehood from truth and
separate the gain from the chaff as King Solomon did when he settled disputes of
child’s ownership between two mothers.

6. ACTING ABILITY, it is the ability to go down to the level of the subject [minor,
the prostitute, or the slum dwellers, or the level of the other professionals or the
members of the elite].

7. GOOD IN ORAL AND WRITTEN COMMUNICATION, this is the ability of the

investigator as he mingles with the community to include in making concise
report.

8. THE KEEN POWER OF OBSERVATION AND DESCRIPTION, this are very

important in crime scene investigation and in interview and interrogation.

9. COURAGE, it is the moral fortitude [strength] to tell the truth no matter who will
be hurt.

10.THE POWER TO “READ BETWEEN THE LINES”, this is the ability of the
investigator to interpret the words or phrases encountered in the process of
investigation in their deeper meaning in order to arrive with an accurate meaning
of a certain statement.

11.KNOWLEDGE OF MARTIAL ARTS AND FIREARMS PROFICIENCY, this will

help the investigator in defending himself when confronting, arresting, and
interrogating the suspect.

OTHER QUALITIES OF INVESTIGATOR

1. Superior reasoning ability- the ability to analyze logically a multitude of facts

and determining how they are interrelated. This is related to critical thinking.

- This method of reasoning challenges one to adopt an attitude of fair-

mindedness, intellectual caution and openness to question common or
assumed beliefs.
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COLLEGE OF CRIMINOLOGY

2. Imagination and curiosity-

Imagination- is forming mental images of what is not present or creating new

ideas by combining previous experiences.

Curiosity- is a desire to learn.

3. Intuition- immediate apprehension or cognition, quick and ready insight.

4. Observation ability- the ability to observe, noting and recording of facts [using
the sense of seeing and hearing].

HISTORICAL BACKGROUND OF CRIMINAL INVESTIGATION

The Code of Hammurabi ruled from 1972 to 1750BC

Is considered to be the oldest known code of law from the Old Babylonian period.
The code is also one of the earliest examples of the idea of presumption of innocence, and
it also suggests that both the accused and accuser have the opportunity to provide
evidence.

It consists of 282 laws, with scaled punishments known as Lex Taliones which
means “an eye for an eye, tooth for a tooth”.

One of the best-known laws from Hammurabi’s Code was:

1. Law #22: if anyone is committing a robbery and is caught, then he shall be put
to death”.

2. Law #129: if the wife of a man has been caught lying with another man, they
shall bind them and throw them into the waters. If the owner of the wife would
save his wife then in turn the king could save his servant”.

a. Law #1916: “If a man destroys the eye of another man, they shall destroy
his eye. If one breaks a man’s bone, they shall break his bone”.

 5th Century BC., Rome: Rome created the first specialized investigative unit.
It was named as Questors or Trackers of Murderer. Roman civilian accepted
the role of quasi-police with a sense of civic responsibility, they often made
citizen arrest.

 6th Century BC, Athens: Unpaid magistrates [judges] were appointed by the
citizens to make decisions for the cases presented to them.

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DANIEL B PEŇA MEMORIAL COLLEGE FOUNDATION
COLLEGE OF CRIMINOLOGY

TIME OF ALFRED THE GREAT

In the later part of 19th Century, England’s King Alfred the Great established a
system of “mutual pledge” [social control], which organized for the security of the country
into several levels:

1. TEN TITHING- one hundred persons are grouped into one under the charge of
a High Constable.

2. TITHING- Ten persons are grouped together to protect one another and to
assume responsibility for the acts of group’s members. The one who heads this
group is called a Tithing Man.

SHIRES- The divisions of a specific geographic area. It is being controlled by

the king and governed by a Shire-Reeve, or Sheriff.

TIME OF EMPEROR AUGUSTUS

At about at the time of Christ, Rome: The Roman Emperor Augustus picked out
special, highly qualified members of the military to form the following:

1. PRAETORIAN GUARD- This was considered the first police officers; their job is
to protect the palace and the emperor.

2. PRAEFECTUS URBI- Their function is to protect the city. They have both
executive and judicial power.

3. VIGILES OF ROME: The vigils began as fire fighters; they were eventually also
given law enforcement responsibilities and they patrolled Rome’s streets day and
night. The vigils could be considered the civil force designed to protect citizens.

TIME OF WINCHESTER

1285 AD, England: The Statute of Winchester was enacted establishing a

rudimentary [basic/undeveloped] criminal justice system in which most of the responsibility
for law enforcement remained with the people themselves.

These statutes or laws were promulgated by Winchester.

1. The Watch and Ward

2. Hue and Cry System
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DANIEL B PEŇA MEMORIAL COLLEGE FOUNDATION
COLLEGE OF CRIMINOLOGY

3. Parish Constable
4. Keeping weapon at home for family security

 1720’s England: Jonathan Wild- a master criminal who became the London’s
most effective criminal investigator.

He was the most famous Thief-Catcher in 1720’s. he conceived the idea of

charging a fee for locating and returning stolen property to its rightful owner.

 1750’s England: Henry Fielding- he was the creator and magistrate of the
Bow Street Runners; he formed a group of police officers attached to the Bow
Street Court, not in uniform performing criminal investigative functions.

 1753’s, England: John Fielding, the “blind” younger brother of henry Fielding
who took over the control of Bow Street Court in 1973. He also introduced
the practice of developing informants, printing wanted notices, employing
criminal raids, and bearing firearms and handcuffs.

 1800’s, London: Patrick Colquhoun- a prominent London President who

proposed unique idea of creating sizeable uniformed force to police the city of
London in order to remedy the public outcry concerning the increase of
criminality during the early 1800’s.

 1811, France: Eugene “Francois” Vidocq- established a squad of ex-

convicts to aid the Paris Police in investigating crimes. He worked under the
theory of “Set a thief to catch a thief.”

 1829, London: Robert Peels- the founder and chief organizer of London
Metropolitan Police. He introduced the techniques in detecting crimes such as
detectives concealing themselves, and secretly photographing and recording
conversations.

 1835, Texas Ranger was organized as the first law enforcement agency with
the statewide investigative authority. This is the forerunner of the Federal
Bureau of Investigations [FBI].

 1852, USA: Charles Dickens is a great novelist in which through his story
entitled bleak [unwelcoming] house, he introduced the term detective to the
English language.

 1852, USA: Allan Pinkerton. This individual truly deserves the title of
“America’s Founder of Criminal Investigation.”

- Among methods pioneered by Pinkerton were: Shadowing, roping [attaching],

undercover.
- They work with motte “We Never Sleep”

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DANIEL B PEŇA MEMORIAL COLLEGE FOUNDATION
COLLEGE OF CRIMINOLOGY

 1856, USA: Kate Wayne: The first woman detective in the history of criminal
investigation. She was hired by Pinkerton Agency and contributed to the
resolutions of big cases of the United States of America.

 1909-1924, John Edgar Hoover- He became the head of Federal Bureau of

Investigation, which was established by the attorney general from 1909 to
1924.

 1866, USA: Thomas Byrnes- He is an unusually keen-minded individual who

trained his detectives in recognizing individual criminal techniques. He
founded the criminal “modus operandi”, or method/ mode of operation.

 1866, Liberty, Missouri, USA: The Jessie James Gang- Made the first hold-
up which marks the beginning of the gang’s 15-year hold-up and robbery
spree [12 banks hold-ups and 12 train robberies in 11 states]. Clay County
Savings Association [CCSA] was their first victim and their take was
60,000,000.00 dollars.

 1882, France: Alphonse Bertillon- A French Police Clerk who introduced

and established the first systematic identification system based on the
Anthropological Signalment [Anthropometry].

He is considered as the founder of Criminal Investigation in France.

 1954, USA. Dr. Paul Kirk- The best-known Criminalist who headed the
Department of Criminalistics at the University of California, USA.

 1966, USA: MIRANDA VS ARIZONA: The US Supreme Court established a

procedural guideline for taking criminal offenders. The case is the origin of
the present Miranda Rights of every accused under the custody of Police.

MIRANDA RIGHTS originated from the American jurisprudence. Mr. Ernesto

Miranda, a Latino was accused of Kidnapping and Rape in the State of
Arizona. The Arizona Police interrogated Mr. Miranda exhaustedly leading to
his confession.

Based on his confession, he was charged, tried and convicted. Appeal of his
conviction was made before the Arizona Supreme Court but his conviction was
affirmed. The appeal was then elevated to the US Supreme Court where
there was a reversal of the decision and he was acquitted on Constitutional
rights.

It was in this case, entitled Miranda Vs Arizona [Ernesto Miranda versus State
of Arizona, USA] that the US Supreme Court laid down the constitutional
rights of the accused during the custodial investigation. It was incorporated
in our 1973 Constitution and later in the 1987 Constitution of the Philippines.
This is known as the Miranda Rule, Doctrine, or Warning.

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DANIEL B PEŇA MEMORIAL COLLEGE FOUNDATION
COLLEGE OF CRIMINOLOGY

THE LAW OF PNP APPLICABLE IN CRIMINAL INVESTIGATION

1. 1987 Philippine Constitution, Art 16, Sec 6. The estate established and
maintain one police force, which shall be National in Scope and Civilian in
Character, to be administered and controlled by the National Police Commission.
The authority of the local executives over the police shall be provided by law.

2. Republic Act No. 4864- The law otherwise known as the Police Act of 1966. It
created the Office of the Police Commission [now National Police commission]. It
shall be their duty to preserve peace and order; prevent the commission of the
crimes; protect life, liberty, and property; and arrest all violators of laws and
ordinances within their jurisdiction.

They shall exercise general powers to make arrest, search, and seizures in
accordance with the law. They shall detain an arrested person only within the
period prescribed by law. [Approved September 8, 1966 authored by Cong.
Teodulo C. Natividad].

3. Republic Act No. 6975- The creation of BFP, BJMP, PNP under the Department
of Interior and Local Government [DILG] Act of 1990. Subsequently dissolving
the Philippine Constabulary [PC] whose officers and rank and file were given the
privilege either to join the AFP or the PNP within the period as provided.

4. Republic Act No. 8551- The PNP Reform and Reorganization Act of 1998 which
is now the operational law that governs over the PNP. Approved February 25,
1998.

5. Republic Act No. 7438- An act defining certain rights of person arrested,
detained or under custodial investigation.

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Chapter 1: Introduction to Criminal Investigation
DANIEL B PEŇA MEMORIAL COLLEGE FOUNDATION
COLLEGE OF CRIMINOLOGY

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Chapter 1: Introduction to Criminal Investigation