B.S.

Criminology
CDI 3: Specialized Crime Investigation 2
(with Simulation of Interrogation and Interview)
Week 1: Review on the Rules on Arrest, Search and
Seizure and The General Concepts and Principles of
Investigation

PRELIM REVIEWER (WEEK 1)

 Specialized crime investigation pertains to the application of the modern and

special investigative techniques in the investigation of major crimes such as
murder and homicide, theft and robbery, carnapping, cybercrimes and drug
related crimes.
 Criminology Students must understand the art of interviewing and interrogation (or
usually referred to as Tactical Briefing/Debriefing in the law enforcement – which has
softer connotation than the word “interrogation”) and how to use this tool to
accomplish the objectives of criminal investigation such as: to identify the guilty party;
to locate the guilty party; and to provide evidence of his (suspect) guilt.

 Criminal Investigation (sometimes referred to as crime probe) is an art which deals

with the identity and location of the offender and provides evidence of guilt through
criminal proceedings. It is the systematic process of identifying, preserving, and
evaluating information for the purpose of bringing the criminal offender to justice.

 three (3) fold aims: to identify the guilty party; to locate the guilty party; and to
provide evidence of his (suspect) guilt.

 The 3-Fold Aims of Criminal Investigation is also known as the Objectives of

Criminal Investigation.

 six (6) cardinal points investigation: also known as the 5Ws and 1H (NEOWTY)

1. WHAT specific Offense/crime has been committed;

2. WHEN the crime/offense was committed;
3. WHY the crime/offense was committed;
4. WHERE the crime/offense was committed;
5. WHO committed the crime/offense; and
6. HOW the crime/offense was committed.

 Criminal Investigators are the “cream of the crop” of a police organization

 and the investigative duties are the lifeblood of an investigative agency.

 Law enforcement agencies are mandated to enforce the law, prevent and control
crimes, maintain peace and order, and ensure public safety and internal security with
the active support of the community by providing a range of services and conduct
operations to achieve and maintain peace and order, and ensure that our
communities are safe.

 Arrest, Search and Seizures are the most common law enforcement operations that
a police or law enforcement officer face in the performance of their functions. The
basic weapon of a law enforcer is “knowledge of the law”. Hence, a working
knowledge on the applicable rules on arrest, search and seizure is essential for every
law enforcer.

 Arrest is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense.

 This is known as arrest “in flagrante delicto” When, in his presence, the person to
be arrested has committed, is actually committing, or is attempting to commit an
offense;

 This is known as the “Doctrine of Fresh or Hot Pursuit” When an offense has just
been committed and he has probable cause to believe based on personal knowledge
of facts or circumstances that the person to be arrested has committed it;

 This is known as “arrest of an escapee” 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 is temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another.

 NOTE: When making an arrest without a warrant, the officer or a private

individual shall inform the person to be arrested of his authority (in case the
arresting is a police officer) and the cause of the arrest, unless the latter is either
engaged in the commission of an offense, is pursued immediately after its
commission, has escaped, flees, or forcibly resists before the officer has opportunity
to so inform him, or when the giving of such information will imperil the arrest.

 Warrant of Arrest - is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to
arrest a person and bring him before the court.
 How ARREST is made?
An arrest is made by the (1) actual restraint of a person
to be arrested, or by his submission to custody of the person
making the arrest. No violence or unnecessary force shall be used in
making an arrest. The person arrested shall not be subjected
to a greater restraint than is necessary for his detention.
 QUESTION: Is voluntary surrender an arrest?
 Answer: Yes, as discussed above, “by his submission
to custody of the person making the arrest”.

 Arrest on the street.

a) This should be made from the side or rear of the
person to be arrested when possible.
b) Suspect should be forced toward the building.
c) Avoid congested area when possible.

 Arrest at Home, Office, or Business Establishment

a) Restrict the subject’s movement. Do not grant request for personal privileges
before being searched.
b) Clothing and other things requested should be examine for weapons or item of
evidence before turning them over to the subject.

 DUTY OF ARRESTING OFFICER It shall be the duty of the officer executing the
warrant to arrest the accused and deliver him to the nearest police station or jail without
unnecessary delay.

1. The person arrested, with or without warrant, shall be informed of his constitutional
right to remain silent and that any statement he might make could be used against
him. He shall have the right to communicate with his lawyer or his immediate
family. It shall be the responsibility of the arresting officer to see to it that this is
accomplished
2. A person arrested without a warrant shall be immediately brought to the proper
police station for investigation without necessary delay and within the time
prescribed in Article 125 of the Revised Penal Code, shall be delivered to proper
judicial authority.
3. No torture, force, violence, threat, intimidation or any other means which vitiate the
free will shall be used against an arrested person. The bringing of arrested persons to
secret detention places, solitary confinement (incommunicado) or other forms of
detention is prohibited.
4. When transporting the suspect/s to the police station, be sure that no weapon/s are
retained in their persons that could 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/s be handcuffed to prevent violence.
 Search – is an examination of an individual’s person, house papers or effects, or other
buildings and premises to discover contrabands or some evidence of guilt to be used in
the prosecution of a criminal action.

 Seizure – is the confiscation of personal property by virtue of a search warrant issued for
the purpose.

 SEARCH WARRANT – signed by a judge and directed to a peace officer, commanding

him to search for personal property described therein and bring it before the court. A
search warrant shall not be issued except upon
probable cause in connection with one specific offense to determined personally by
the judge after examination under oath or affirmation of the complainant and the
witness he may produce, and particularly describing the place to be searched and the
things to be seized which may be anywhere in the Philippines.

 Note: A search warrant shall be valid for ten (10) days from its date. Thereafter, it
shall be void.

 APPLICATION OF SEARCH WARRANT

All application for search warrant shall indicate the following data:

1) Office applying for Search Warrant.

2) Name of officer applicant;
3) Name of subject, if known;
4) Address/place(s) to be searched;
5) Specific statement of things/articles to
be seized; and
6) Sketch of the place to be searched

 PERSONAL PROPERTY TO BE SEIZED

A search warrant may be issued for the search and seizure of personal property:
 1) Subject of the offense;
2) Stolen or embezzled and other proceeds, or fruits of the offense;
3) Used or intended to be used as the means of committing an offense.

 CONSIDERATIONS IN THE CONDUCT OF SEARCH:

1. No search of a house, room, or any other premises shall be made except in the
presence of the lawful occupant thereof or any member of his family or in the
absence of the latter, two witnesses of sufficient age and discretion residing in the
same locality.
2. The officer seizing the property under the warrant must give a detailed receipt for
the same to the lawful occupant of the premises in whose presence the search and
seizure were made, or in the absence of such occupant, must, in the presence of at
least two witnesses of sufficient age and discretion residing in the same locality,
leave a receipt in the place in which he/she found the seized property.
3. The officer must forthwith deliver the property seized to the judge who issued
the warrant, together with a true inventory thereof duly verified under oath.
4. The return on the search warrant shall be filed and kept by the custodian of the log
book on search warrants who shall enter therein the date of the return, the result,
and other actions of the judge. A violation of this section shall constitute contempt
of court.

 LAWFUL WARRANTLESS SEARCHES AND SEIZURES

Warrantless Searches & Seizures are lawful under any of the following
circumstances:
1. When there is consent or waiver.
2. When evidence to be seized is in “plain view”.

3. Custom search and searches made at airports/seaports

in order to collect duties.
4. Search on moving vehicles.
5. Routine searches made at or in the interest of national security, such as border
checks or checkpoints.
6. Stop-and-search or stop-and-frisk.
7. Search incidental to a lawful arrest.
 8. Search of Vessels.
9. Emergency or Exigent Circumstances.

 Note: A person lawfully arrested may be searched for dangerous weapons or

anything which may have been used or constitute proof in the commission of an
offense without a search warrant.

 EFFECT OF ILLEGAL SEARCH – Articles which are the product of unlawful

searches and seizures are inadmissible in evidence and herein referred to as “fruit of the
poisonous tree” under the exclusionary rule.

PRELIM REVIEWER (WEEK 2)

 Remember This: Interviewing Skills are essential to Successful Investigation.

Investigative interviewing is an essential aspect of the investigative process as most
information comes from people. It is necessary to have knowledge and proficiency in
interviewing.

 INTERVIEW vs. INTERROGATION 

 An interview is a conversation intended to elicit information. Interviews are

generally  non-accusatory.  The subject being interviewed should do most (75%) of the
talking during the conversation.
 An interrogation, on the other hand, is the process by which suspects are questioned
with regard to their involvement in the activity which gave rise to the Investigation.
The interrogation will involve the interviewer accusing the suspect. In the interrogation
the investigator will do most of the talking and the questions asked of the suspect
will  be more direct and less open ended. 

 REMEMBER THIS:  
Conducting interviews and interrogations are among the most challenging and
rewarding tasks that an investigator will be called on to perform. Often the outcome
of an investigation is determined by the success or failure of the interviewer.
Persons interested in interviewing should seek quality training and observe
experienced interviewers whenever possible; then get practice, practice and more
practice.
 Interview is a simple inquiry/conversation type elicitation of information from a willing
victim(s), witness(es) relevant to a certain crime/incident/event under investigation. It is
a conversation with a purpose, motivated by a desire to obtain certain information from
the person being interviewed as to what was either done, seen, felt, heard, tasted, smell or
known. The questioning of a person believed to possess knowledge is of official interest
to the investigator.

 REMEMBER THIS:
A Philosophy of Interview: The RIGHT officer asking the RIGHT questions in
the RIGHT manner at the RIGHT time and in the RIGHT place will get the
RIGHT answers.

 PURPOSES OF INVESTIGATIVE INTERVIEWING

1. To eliminate or confirm suspects of a crime.
2. To determine the facts, details and circumstances of a crime. 3. To
determine the identity of all accomplices.
4. To develop information leading to additional evidence, etc.
5. To discover details of other crimes and other activities.
6. To locate hiding places, modus operandi and the identity of all individuals engaged in
the commission of the crime.

7. To develop information to be used in future interviews or investigations.

NOTE: Interview is also utilized in preparing a suspect for an interrogation.

 CONFESSION vs. ADMISSION

Specifically, confession is the declaration of an
accused expressing/acknowledging his guilt of
the offense charge Admission, on the other
hand, 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 may be inferred.
It implicates but does not incriminate.

 LEGAL DEFINITION OF CONFESSION

Confession is a declaration of the accused that he has committed or participated in the
commission of a crime.

 TYPES OF CONFESSION
 1. Judicial Confession or confession done in open
court. The plea of guilt may be during arraignment or
at any stage of the proceedings where the accused
changes his plea of not guilty to guilty; and

2. Non-Judicial Confession which is so called also

“Out of Court” or “Extra Judicial Confession”. This
type of confession is inadmissible unless
corroborated by proof of corpus delicti.

 The confession to be admissible, it must be:

a. voluntary,
b. in writing; and
c. be made with the assistance of a counsel of his own choice with full understanding of
the consequence of such confession.

 REMEMBER THIS: Failure of the arresting officer or investigator to observe the

above procedures renders such extrajudicial confession inadmissible as evidence in
any proceedings.

 EFFECTS OF CONFESSION:
1. May be given in evidence against him in
the investigation or trial of the
offense with which he is charged; and
2. May be given to prove the guilt of his
companions but it will pass a lot of
court argumentation and deliberation.

 LEGAL DEFINITION OF ADMISSION

Admission is an acknowledgement by a party of the existence of a particular fact, made
either judicially or extra-judicially against his interest or his/her favor.

 Admission may either be expressed or implied:

1. Expressed admission is one made in expressed terms in definite certain and
unequivocal language.
2. Implied admissions, on the other hand, are those that
may be inferred from the acts, declaration or omission of a
party.

 Judicial admissions are admissions made in a judicial

proceeding. Thus, “An admission, verbal or written made
by a party in the course of the proceedings in the same
case does not require proof”.
  CONSTITUTIONAL SAFEGUARDS AGAINST CONFESSION or ADMISSION Is
there any safeguard provided by law with regard to confession and admission? Let us
examine the safeguards provided by the 1987 Philippine Constitution. Thus:
 1. Section 12 (3), Article III of the 1987 Phil. Constitution:
“Any confession or admission obtained in violation of this or Section 17 (right against
self-incrimination) hereof shall be inadmissible as evidence against him.”
 2. Section 17, Article III of the 1987 Phil. Constitution:
“No person shall be compelled to be a witness against himself.”

 Any person under investigation for the commission of an

offense shall have the right to be informed of his right to
remain silent and to have competent and independent
counsel preferably of his own choice. If he cannot afford
the services of the counsel, he must be provided with one.
These rights cannot be waived except in writing and in the
presence of counsel.
No force, violence, threat, intimidation, or any other
means which vitiates the free will shall be used against him.

PRELIM REVIEWER (WEEK 3)

Emotional Approach- Investigator combining the skills of an actor, and a psychologist,
addresses the suspect with an emotional appeal to confess.

Friendliness- A friendly approach coupled with a posture of sincerity may induce the suspect to
confess.

Sympathetic approach- Must dig deep into the past troubles; plight and unfortunate events in
the life of the suspect.
- Offer help, kindness, friendliness may win his/her cooperation.
Application of search warrant- All application for search warrant shall indicate the
following data:
1) Office applying for Search Warrant.
2) Name of officer applicant;
3) Name of subject, if known;
4) Address/place(s) to be searched;
5) Specific statement of things/articles to be seized; and
6) Sketch of the place to be searched.

Purpose of investigative Interviewing- 1. To eliminate or con rm suspects of a crime

2. To determine the facts, details and circumstances of a crime.
3. To determine the identity of all accomplices.
4. To develop information leading to additional evidence, etc
5. To discover details of other crimes and other activities
6. To locate hiding places, modus operandi and the identity of all individuals engaged in the
commission of the crime
7. To develop information to be used in future interviews or investigations.

Arrest- is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.

 This is known as arrest “in flagrante delicto” When, in his presence, the person to
be arrested has committed, is actually committing, or is attempting to commit an
offense;
 This is known as the “Doctrine of Fresh or Hot Pursuit” When an offense has just
been committed and he has probable cause to believe based on personal knowledge
of facts or circumstances that the person to be arrested has committed it;
 This is known as “arrest of an escapee” 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 is temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another.

Warrant of arrest- - is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to arrest a
person and bring him before the court.

 How ARREST is made?

An arrest is made by the (1) actual restraint of a person
To be arrested, or by his submission to custody of the person
Making the arrest. No violence or unnecessary force shall be used in
Making an arrest. The person arrested shall not be subjected
To a greater restraint than is necessary for his detention.
 QUESTION: Is voluntary surrender an arrest?
 Answer: Yes, as discussed above, “by his submission
To custody of the person making the arrest”.
 Arrest on the street.
a) This should be made from the side or rear of the
Person to be arrested when possible.
b) Suspect should be forced toward the building.
c) Avoid congested area when possible.
 Arrest at Home, Office, or Business Establishment
a) Restrict the subject’s movement. Do not grant request for personal privileges
before being searched.
b) Clothing and other things requested should be examine for weapons or item of
 evidence before turning them over to the subject.

 DUTY OF ARRESTING OFFICER It shall be the duty of the officer executing the
warrant to arrest the accused and deliver him to the nearest police station or jail without
unnecessary delay.

5. The person arrested, with or without warrant, shall be informed of his constitutional
right to remain silent and that any statement he might make could be used against
him. He shall have the right to communicate with his lawyer or his immediate
family. It shall be the responsibility of the arresting officer to see to it that this is
accomplished
6. A person arrested without a warrant shall be immediately brought to the proper
police station for investigation without necessary delay and within the time
prescribed in Article 125 of the Revised Penal Code, shall be delivered to proper
judicial authority.
7. No torture, force, violence, threat, intimidation or any other means which vitiate the
free will shall be used against an arrested person. The bringing of arrested persons to
secret detention places, solitary confinement (incommunicado) or other forms of
detention is prohibited.
8. When transporting the suspect/s to the police station, be sure that no weapon/s are
retained in their persons that could 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/s be handcuffed to prevent violence.

PRELIM REVIEWER (WEEK 4)

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 law enforcement officer commanding him/her to search
for personal property and bring it before the court.
 Signed by a judge and directed to a peace officer, commanding him to search for
personal property described therein and bring it before the court.
 shall not be issued except 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 witness he may produce, and particularly describing the
Place to be searched and the things to be seized which may be anywhere in the
Philippines.

Interview-Interview is the simple questioning of a person believed to possess information,

which are relevant to the investigation of a crime or on criminal activities.
 It is a simple questioning of a person who cooperates with then investigator.
 Witnesses voluntarily give their accounts about the commission of a crime.

Interrogation - Is the vigorous and confrontational questioning of a reluctant suspect

About his/her participation in the commission of crime.
  It is questioning somebody closely, often in an aggressive manner.
 It involves skillful questioning of hostile witness and suspects.
 Interrogation applies to an uncooperative or reluctant witness
 The purpose is to obtain admission or confession.

TECHNIQUES OF INTERROGATION
1. Emotional Appeal- Investigator combining the skills of an actor, and a psychologists
addresses the suspect with an emotional appeal to confess.
2. Sympathetic Approach- Must dig deep into the past troubles; plight and unfortunate
events in the life of the suspect.
- Offer help, kindness, friendliness may win his/her cooperation.
3. Friendliness- A friendly approach coupled with a posture of sincerity may induce the
suspect to confess.

4. Trick and Bluff Techniques-

a. Pretense of Solid Evidence
b. Weakest Link
c. Drama
d. Feigning Contact with Family Members
e. Line Up
f. Reverse Line Up
g. Stern Approach
5. Rationalization - It is the used of reasons, which is acceptable to the subject that led to the
commission of the crime.
6. Projection- It is the process of putting the blame to other persons, not alone to the suspect.
7. Minimization- It is the act of minimizing the culpability of the suspect.
- The investigator convinces the suspect that a confession will reduce the
offense and the penalty.

Extra judicial confession- “ It is a confession that is made by the suspect during custodial
investigation or those confessions that are made outside of the court.
“Extra Judicial confession is not sufficient group for conviction: An extra judicial confession
made by an accused, shall not be sufficient ground for conviction, unless corroborated by
evidence of corpus delicti-body of the crime.

Non Judicial Confession-which is so called also “Out of Court” or “Extra Judicial

Confession”. This type of confession is inadmissible unless corroborated by proof of corpus
delicti.

Judicial confession- This confession is made by the accused in open court.A pleas of guilty
when formally entered on arraignment is sufficient to sustain conviction of any offense, even a
capital one, without further proof.
  confession done in open court. The plea of guilt may be during arraignment or at any
stage of the proceedings where the accused
Changes his plea of not guilty to guilty;
Confession- is the declaration of an accused expressing/acknowledging his guilt of the offense
charge. Confession is a declaration of the accused that he has committed or participated in the
commission of a crime.

 is a declaration of the accused that he has committed or participated in the commission of

a crime.

Admission- is an acknowledgement by a party of the existence of a particular fact, made either

judicially or extra-judicially against his interest or his/her favor.

 on the other hand, 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 may be inferred. It implicates but does not incriminate.

Rapport- Good relation between the interviewer and the interviewee, which conducive to a
fruitful result.

Criminal investigation- sometimes referred to as crime probe) is an art which deals with the
identity and location of the offender and provides evidence of guilt through criminal
proceedings. It is the systematic process of identifying, preserving, and evaluating information
for the purpose of bringing the criminal offender to justice.

Special crime investigation- pertains to the application of the modern and special investigative
techniques in the investigation of major crimes such as murder and homicide, theft and robbery,
car napping, cybercrimes and drug related crimes.

Golden rule of interview – “Never allow the interviewer to conduct nor let anyone to conduct
an interview without prior visit to the crime scene.”
John Doe warrant-Is a warrant containing no specific person to be arrested but only
descriptions based on the testimonies of the victim/s or the witnesses.

Alias warrant- Refers to the warrant of arrest issued by a judge to the peace officer after
returning the original warrant of arrest after the lapse of the 10-day validity period.

MIDTERM REVIEWER (WEEK 5)

Interrogation Techniques (Accusatory Interview)
INTERROGATION TECHNIQUES
Interrogation (sometimes referred to as “accusatory interview") is the skillful questioning of
a hostile witness(es) and suspect(s). It is the 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.

TAKE NOTE: A “real” interrogation is NOT the same as the one portrayed in movies using a
dark-lighted room, with a rotating lamp above. These are all theatrical and cinematic,so to
speak. In fact, you can conduct interrogation in “broad daylight”.

1. 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.

2. Sympathetic Appeal
The suspect may feel the need for sympathy or friendship. He is apparently in trouble.
Gestures of friendship may win his cooperation.

3. Kindness
The simplest technique is to assume that the suspect will confess if he Is treated in a
kind and friendly manner.

4. Extenuation
The investigator indicates he does not consider his subject's indiscretion a grave
offense.

5. 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.
6. Mutt and Jeff - Two (2) Agents are employed:

- Mutt, the relentless investigator, who is not going to waste any time because he knows the
subject is guilty.
- Jeff, on the other hand, is obviously a kind- hearted man.

7. Bluff on a Split Pair

This is applicable when there is more than one suspect. The suspects are separated and
one is informed that the other has already talked.

8. Pretense of Physical Evidence

The investigator may pretend that certain physical evidence has been found by forensic
experts against him.
9. 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.

BASIC INTERROGATION STYLES:

1. Introductory Style

The use of the introductory statement style of interviewing is designed to elicit signs of guilt from
the suspect early in the interview. One of the benefits to this type of interview is that it allows the
investigator to evaluate the subject's behavior before making any accusation and committing
oneself to an interrogation. In this interview style the subject has little opportunity to participate
in the early part of the conversation.
A. Who we are and what we do.
The interviewer describes his role within the organization or agency and briefly explains the core
values and goals of the organization. The interviewer stresses how their job is to protect the
citizens or employees. While not s**n the interviewer implies that the subject is also deserving of
that protection.
B. Different types of crime.
The interviewer explains that part of his or her job is to investigate different types of crime or
violations. The interviewer lists several types of offenses, including the one the subject is
suspected of involvement in. This mention of a specific type of offence, is generally preceded by
a phrase to minimize the seriousness, and occurs with a brief pause and eye contact.
C. How we investigate.
The investigator goes on to describe the variety of investigative tools at their disposal.
Specifically, several investigative techniques that could have led to the identification of the
subject are discussed.

These three points are designed to cause a guilty suspect to react involuntarily. This gives the
interviewer the opportunity to assess the subject's reactions to the crime under
discussion.

If at this point the investigator has not detected any indication that the subject is guilty, they can
continue on with interview questions and never make an accusation. If however, the suspect
has demonstrated signs of guilt the interviewer begins to offer rationalizations and reasons for
the person's actions that will ultimately lead to an accusation.

2. Participatory Accusation

Similar to the introductory statement, this style is less useful for law enforcement. The
participatory accusation is highly effective when dealing with employee dishonesty.
After the rapport-building process, the interviewer asks the subject several questions regarding
the company's policies and procedures. Included in this list are the policies that the employee is
suspected of having violated. The employee is asked to explain to the interviewer their
understanding of each policy.

When asked about a policy that the employee has violated the investigator should be looking for
signs of guilt or dishonesty. If the employee answers the question correctly it will be very difficult
for them to later say that they did not understand the policy.

Once the interviewer has decided that the subject has displayed enough behavioral evidence of
guilt, they will begin the interrogation, perhaps shifting toan introductory
statement or other style before making an accusation.

3. The Direct Accusation.

The direct accusation is best used when there is substantial evidence of the suspect’s guilt of
one crime. In this style the interviewer begins the interrogation by informing the subject that the
conversation is to discuss his/her involvement in the incident.

The investigator informs the subject that the evidence clearly indicates the subject committed
the crime. Normally the subject will deny the accusation.

The interviewer immediately re-accuses the subject, using the same wordings as before, and
then begins offering rationalizations for the crime.

THE ACCUSATORY INTERVIEW PROCESS (Conducting an Interrogation)

Depending on personal preference and the situation, interviewers will choose to use the
interview style that is most comfortable. Regardless of the style chosen, the goal of the
interrogation is the same: to obtain a confession, legally and ethically, that will stand up to
scrutiny in court. To accomplish this, interviewers will use many of the same
tools, despite their different choices, or combinations, of interview styles.

1. Developing rapport with a subject early in the interview can be very valuable to ultimately
obtaining a confession. Spending time with the subject discussing non-threatening topics will put
the person at ease. This makes evaluating truthful and deceptive responses later in the
interview easier.

2. Determine signs of deception

Changes in behavior in response to questions should be noted. If the interviewer has
taken the time to establish rapport with the subject, deceptive responses maybe
more obvious. However, there is no guaranteed way to determine if a subject is lying.
There are no typical non-verbal behaviors that are associated with deception. Not all liars
display the same behavior in the same situation.

3. Overcoming resistance
Identifying the subject's dishonesty is an important part of an interrogation.

4. Submission
A large part of the interrogation will involve the interviewer offering these rationalizations
and stories combined with minimizing the subject’s actions. The investigator has to find a theme
that the subject can relate to. Once that has happened, the subject's behavior will change.

LEGAL REQUIREMENTS OF INTERROGATION

The statement of the subject must be obtained voluntarily and trustworthy and not by means or
use of threat, fear, coercion, duress or any improper tactics which will vitiate the free will of the
subject.

It was discussed in the preceding lesson that there are certain constitutional safeguards that
protect the rights of the person being subjected to interview/interrogation such as:

1. Section 12 (1), Article III of the 1987 Phil. Constitution:

“Any person under investigation shall have the right to be informed of his rights to remain silent
and to have competent and independent counsel preferably of his own choice. If the person
cannot afford the services of counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.”

2. Section 12 (2), Article Il of the 1987 Phil. Constitution:

“There should be no torture, force, violence, threat, intimidation, or any other means which
vitiate the free will. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.”

3. Section 12 (1), Article Ill of the 1987 Phil. Constitution:

“Any confession or admission obtained through these shall be in admission in evidence against
him.”

4. Section 14 (2), Article Il of the 1987 Phil. Constitution:

“The accused shall be presumed innocent until proven guilty.”

RA 7438 provides safeguards if the suspect is under custodial investigation or had been taken
into police custody and interrogated for a crime.
Custodial investigation also includes any questioning or probe of a person *invited” by a law
enforcement officer in connection with an offense he or she is suspected to have committed in
accordance with Republic Act No. 7438.

RA 9745, on the other hand, penalizes the act of torture and other cruel, inhuman and
degrading treatment or punishment.

TORTURE is an act by which severe pain or suffering, whether physical or mental, is

intentionally inflicted on a person for such purposes as obtaining from him/her or a third person
information or a confession. It does not include pain or suffering arising only from, inherent in or
incidental to lawful sanctions. It includes physical, mental and psychological torture.

Synthesis:

For this lesson, please remember the following:

● Interrogation is also known as “accusatory interview”.

● Interrogation has proven to be an effective method of obtaining information from the
suspect. However, you must observe some legal parameters.
● To torture the suspect to obtain confession is INADMISSIBLE.
● Interrogation must be conducted in a professional, systematic, legal and ethical way.
● Developing rapport is the best way to obtain confession or admission.
● Be professional.

Assessment
APPLICATION:

Search for An article in the newspaper or news clippings from the internet involving Policel Law
Enforcement Officer who was involved in acts of torture (could be one of the following: physical
injuries/mishandling of prisoner/use of unreasonable force, or similar incidents)

A. Submit a digest/summary of the story using the following format.

1. FACTS (briefly summarize the story in 3-6 sentences)

Two women who accused Cebu City cops of robbery, rape, and extortion, say they were also
tortured inside a secret room at a Cebu City police station. According to the first victim who
came forward, at least 11 police officers from Pasil Police Station 6 (Sawang Calero Police
Station) in Cebu City conducted a search operation without a warrant on March 9 for firearms in
the home of a 35-year-old woman from Minglanilla town. The victim said that afterwards, Police
Staff Sergeant Celso Colita, who led the operation, allegedly brought her to a motel on the same
day and raped her. The second complainant, a 50-year-old businesswoman, said that 6 cops
from the same station arrested her on suspicion of being involved in illegal drug-related
activities. The second victim pointed out that 4 of the 11 relieved cops in the first case also
searched her home in Barangay Guadalupe, Cebu City on the evening of Friday, March 26.
Based on initial police reports, no illegal drugs were found that day, much like the first case.
However, she said the police operatives forced her to open the vault in her home because they
believed she had “drug money.” Because she did not have the cash, they allegedly took her
jewelry and other belongings, and then brought her to the same secret room that the first
complainant was put in. According to Batobalanos, the first victim suffered psychological torture
while the second victim suffered physically.

2. ISSUE/S (briefly state in one sentence the problem or issue in the story)

Two women were illegally arrested and the arrest was invalid as there is no reasonable ground
to arrest with the absence of a warrant of arrest. They also violated the rights of those two
women under RA 7438 which provides safeguards to the suspect who is under custodial
investigation or had been taken into police custody and interrogated for a crime. They also
committed a violated the law under the RA 9745 which penalizes the act of torture and other
cruel, inhuman and degrading treatment or punishment.

3. RECOMMENDATIONS (list down actionable recommendation/s to prevent recurrence of

such problem)

1. The Police officers must be undergoing psychological assessments every month.

2. The actions and decisions of any police officers should be watched 24/7 by their team

leader to avoid unnecessary or unlawful acts.

3. There must be a seminar related to their job at least twice a month so that they will recall

their duties and responsibilities and that they will still stick to their purpose.

MIDTERM REVIEWER WEEK 6

Psychophysiology of lying which is responsible as to why our body manifests these

external symptoms of guilt.

The Nervous system is a complex collection of nerves and specialized cells known as
neurons that transmit signals between different parts of the body. It is essentially the body's
electrical wiring.
Structurally, the nervous system has two components:
1. the Central nervous system and
2. the Peripheral nervous system.

The Central Nervous System (CNS) is composed of the brain and the spinal cord.

All other nerve ways are within the peripheral nervous system which separates into two:
1. The Somatic Nervous System and
2. The Autonomic Nervous System.

Somatic Nervous System is involved with voluntary comparative over skeletal muscles. It is
the voluntary component of the nervous system.

Autonomic Nervous System, on the other hand, involved those involuntary physiological
functions of the body and has considerable psychological impact as well. It regulates certain
body processes, such as blood pressure and the rate of breathing, that work without conscious
effort.

 The autonomic nervous system receives information about the body and external
environment (stimulus) and responds by stimulating body processes, usually through the
sympathetic division, or inhibiting them, usually through the parasympathetic division.

TWO DIVISIONS OF AUTONOMIC NERVOUS SYSTEM

1. Parasympathetic Nervous System (PNS) or the house keeping or braking system. It is
responsible for conserving energy and making sure necessary bodily functions. It restrains
sympathetic arousal and attempt to maintain homeostatic (homeostasis) normal.
2. Sympathetic Nervous System (SNS), which is our emergency, or action system. A system
which causes the sudden and dramatic change in the body.

When stimulated, these nerves prepare the organism for stress by increasing the heart rate,
increasing blood flow to the muscles, and decreasing blood flow to the skin. It prepares the body
for stressful or emergency situations fight or flight.

Thus, the sympathetic division increases heart rate and the force of heart contractions and
widens (dilates) the airways to make breathing easier. It causes the body to release stored
energy. This division also causes palms to sweat, pupils to dilate, and hair to stand on end.

EPINEPHRINE AND NOREPINEPHRINE

Epinephrine (or adrenaline) is the hormonal stimulator of the sympathetic nervous system. It
acts to constrict peripheral blood flow, raise blood pressure, increase cardiac activity, promote
metabolic activity through the release of glucose, and inhibit digestive processes.
Norepinephrine (or noradrenaline), on the other hand, is a hormone secreted by the adrenal
gland, it works alongside with epinephrine/adrenaline to give the body sudden energy in times of
stress, known as the "fight or flight" response.

THREATENING vs. NON-THREATENING QUESTIONS

During interview/interrogation, questions being propounded by the interviewer are either a
threatening question or non-threatening question, depending on its effect on the information
possessed by the Subject.

 Threatening questions are those relevant questions which could bring significant
physiological changes to the body, and thus, manifested externally.
 Non-threatening, on the other hand, are those which would maintain the normal
response of the body and thus, would not make any significant deviation from the normal
state of the body’s physiological processes.

 For example, a question connected with the crime being investigated by authorities can
be a “threatening question” to a subject who has participation or knowledge on the
particular crime under investigation. As a result, in dealing with these types of questions,
the Subject may manifest certain physiological symptoms such as increase in the blood
pressure, sweating, breathing changes, etc.

 On the other hand, questions pertaining to personal information of Subject such as the
name, address, age and other personal circumstances could be “non-threatening” one.
When these types of questions are being asked, Subjects will not manifest any
significant physiological response.

 However, this is not absolute. There are some instances wherein a question regarding
the personal circumstances of the person could be a “threatening “ his or her name for
example is absurd ridiculous or mispronounced.

 During the interview/interrogation process, once the question from the interviewer
(stimulus) is received by the Subject through the ears (receptor of stimulus, the
information will be transmitted to the brain via the nerves.

 The brain will then analyze whether or not the questions create a “threat” to the host
person.

 One the question is deemed to be “non-Threatening” in nature, then a general balanced

on the body is maintained, Thus, no physiological symptoms will be manifested.

 However, if the brain analyzes that the questions is “threatening” one, it will activate the
sympathetic nervous system or the body’s emergency system or action system to
immediately prepare the body for fight or reaction by causing the adrenal glands to
 adrenaline and the blood will be distributed to those areas of the body where it is most
needed to meet the emergency.

 As a result, the body will manifest certain physiological responses which may be
indication or symptoms of lying or deception

Other obvious effects will take place known by all of us, such as:
 The mouth gets dry, due to salivary glands producing much thicker saliva.
 The heart pumps faster, thereby increasing blood volume and pulse.
 Stimulation of the respiratory muscles leads to breathing changes.
 The sweat glands are stimulated and forced to release perspiration
 The iris of the eye dilates, permitting more light into the eye.
 Involuntary muscles contracts.

MIDTERM REVIEWER (WEEK 7)

 There is no guaranteed way to determine if a subject is lying. There are no typical

nonverbal behaviors that are associated with deception. Not all liars display the same
behavior in the same situation. Additionally, behaviors will differ across deceptive
situations.
 The interviewer has to rely on his or her experience and instincts to make that
determination. Changes in behavior in response to questions should be noted. If the
interviewer has taken the time to establish rapport with the subject, deceptive responses
may be more obvious. Any one word or behavior on its own should not be
considered an indicator of dishonesty.
 However, if the behavior is linked to a question about the subject’s involvement in
the investigation there is a good chance that the behavior is an indicator of
dishonesty. Behaviors should be consistent when the question is repeated and
deceptive signals typically occur in clusters. Following are behaviors that may
indicate dishonesty:

Posture:
 Slumping over or learning back in the chair.
 Sitting in a way that protects the abdomen.
 Shifting position in the chair.
Hand and Arms:
 Placing the hand over the mouth to muffle words or hide expressions.
 Arms crossed with the thumbs extended.
Legs and Feet:
 Movements of legs and feet
  Legs crossed with the knee raised to protect the abdomen.
 Legs crossed with arms holding the leg in place as a barrier.
Head and Neck:
 Head down can indicate a negative attitude or submission.
 Head back looking down the nose.
 Head nodding or head shaking

Neurolinguistic eye movement can be an indicator of deception. Once the interviewer has
determined the normal responses to questions, he or she may be able to evaluate the truthfulness of a
subject’s response based on eye movement. This concept is based on a belief that most people move
their eyes in a certain direction when recalling and creating information.

 For example, if a subject is asked to recall the color of the shirt, they wore the day
before their eyes would move up and to their left while they retrieved the memory. If
the subject decided to lie, their eyes would shift up and to the right while they created
an answer.
 Recalling and creating sound memories are associated with eye movements
directly left or right. Looking down and to the right is associated with creating
tactile memories while looking down and to the left is associated with internal
dialogs or getting in touch with one’s feeling.
 There are also verbal indicators of deception that interviewers must interpret.
These may or may not be accompanied by an observable behavior. The most
telling verbal indicators are when the words do not match the physical
behaviors that accompany them.

For example, if the subject says “no” but shakes his or her head in a “yes” gesture. Following are
some verbal indicators of dishonesty:
1. Skipping around in sentences.
2. Stopping sentences or leaving off the end.
3. Inappropriate laughter.
4. Starting to speak in the third person.
5. Telling the interviewer that they
have done things (similar to the things currently under investigation) wrong in the past.

1. Repeating the interviewer’s question.

2. Asking the interviewer to repeat the question.
3. Asking the interviewer “are you accusing me”
4. Giving very short answers.
5. Overgeneralizations (any, all, never, always etc).
6. Saying “I can’t recall”.
The following phrases are usually indicators that the subject is going to finish the sentence
with a lie:

1. “I swear on the bible that I didn’t…”

2. “To tell you the truth…”
3. “To the best of my knowledge...”
4. “You may not believe this but…”
5. “I know that this sound strange but…”

MIDTERM REVIEWER (WEEK 8)

 When a person lies, he or she experiences a "Pinocchio effect", which is an increase in

the temperature around the nose and in the orbital muscle in the inner corner of the eye.
In addition.
 There is no universally accepted definition of lying. The dictionary definition of lying is
“to make a false statement with the intention to deceive”. But there are numerous
problems with this definition. It is both too narrow, since it requires falsity, and too broad,
since it allows for lying about something other than what is being stated, and lying to
someone who is believed to be listening in but who is not being addressed.
 The most widely accepted definition of lying is that´A lie is a statement made by one who
does not believe it with the intention that someone else shall be led to believe it”. Lying is
making a statement believed to be false, with the intention of getting another to accept it
as true”.

LYING vs. DECEPTION

Lying is the act of uttering or conveying falsehood or creating a false or misleading impression
with the intention of affecting wrongfully.
Deception, on the other hand, is the act of deceiving or misleading usually accompanied by
lying.

REASONS TO LIE:
 Defense mechanism used to avoid trouble with the law, with the bosses, or with the
authority;
 Sometimes you lie not to hurt someone’s feelings;
 You lie because you get profit from it;
  To avoid embarrassment;
 For a good laugh.

TYPES OF LIES:
1. Lie of Fabrication - is something made up or a misrepresentation of a truth. It is often used
by the subject in an interview.

2. Lie of Omission - a lie used by omitting an important fact, deliberately leaving another
person with a misconception.

3. Noble Lie - is one that would normally discord if uncovered but offers some benefit to the liar
and assists in an orderly society therefore potentially beneficial to others.

4. Puffery Lie - is an exaggerated claim typically found in advertising and publicity

announcements. For example, “The highest quality at the lowest price.” Such statement is
unlikely to be true but cannot be proven false and so do not violate trade laws.

5. Lie of Compliment or False Reassurance - a lie intended to please others. For example,
“that looks good to you” or “everything is going to be alright.”

6. White Lie - a lie that would cause only relatively minor discord if it were uncovered and
typically offers some benefit to the hearer. It is often used to maintain harmony of friendship in
the home or in the office.

7. Red Lie - a lie used to destroy the ideologies by means of propaganda which is common in
communist countries.

8. Malicious Lie - a lie usually used to mislead or a dishonesty intended to obstruct justice.

KINDS OF LIARS

1. Panic Liar - a person who lies to avoid the consequences of certain actions.

2. Occupational Liar - is a practical liar and usually lies when there is a higher pay off than
telling the truth.

3. Tournament Liar - a person who loves to lie and is excited by the challenge of not being
detected.

4. Ethnological Liar - person who is trained not to be squealer. This person loves to be
interrogated and has taken the creed that he will never reveal the truth, usually the creed of the
underworld gang.
5. Psychopathic Liar - a liar that shows no regret for his dishonest actions and no
manifestations of guilt. Most difficult type of liar to deal with because such is a good actor.

6. Pathological Liar - a person who cannot distinguish between right and wrong.

7. Black Liar - a person who always pretends.

Different Methods of Detecting Deception

A. Early Methods of Detecting Deception

1. Trial by Combat is a method to settle accusations in the absence of witnesses or a
confession, in which two parties in dispute fought in single combat.
2. Trial by Ordeal is a judicial practiced by which the guilt or innocence of the accused
is determined by subjecting them to an unpleasant, usually dangerous experience or in
the present term would mean an employment of “3rd degree”. The word “ordeal” was
derived from the Medieval latin word “Det indicum” which means “a miraculous
decision”.

Common Methods of Ordeal

 Red hot Iron Ordeal
 Boiling Water Ordeal
 Balance Ordeal
 Rice Chewing Ordeal
 The Red Water Ordeal
 The Donkey’s Tail Ordeal

B. Scientific Methods of Detecting Deception:

1. Use of Polygraph Test
Polygraph is a delicately engineered instrument that simultaneously records the
changes in respiration, electrodermal activity and cardiovascular activity. It is a scientific
instrument capable of recording simultaneously changes in blood pressure, pulse rate,
respiration and skin resistance as indicative of emotional disturbance especially of a
lying subject when being questioned.

2. Use of Alcoholic Beverages

The use of alcoholic beverage in detecting deception is in accordance with the
maxim “In vino veritas”, meaning “in wine there is truth”. Other sayings such as
“drunks and children always speak the truth” and “alcohol loosens the tongue” are
only some expressions of the widespread belief that alcohol makes the truth come
out more easily.
3. Narco-Analysis Test/Administration of Truth Serum
 It involves the use of use of narcotic or anesthetic drugs which are injected
hypodermically or intravenously. However, this method is dangerous and not
admissible.
4. Word Association Test
This was first devised by F. Galton in 1870 and later was modified and improved by
others. In the Galton’s technique, there are two main criteria for detecting indications
of deception and these are: (1) incriminating answer words and (2) delayed answer.
In this technique, group of words, objects or photographs will be presented to the
subject with the element of time pressure.

C. OTHER METHODS:
1. Use of Hypnotism.
2. Concealed Information Test.
3. Tactical Interrogation.