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Cdi 1 Fundamentals of Criminal 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.
1. INFORMATION
It is the knowledge/data which an investigator acquired from other persons and records.
Classes of Information
a. Regular Sources – records, files from government and non-government agencies, news items.
b. Cultivated Sources – information gathered upon initiative of the investigator from informants, vendors,
taxicab driver, GRO, and others.
c. Grapevine Sources – these are information coming from the underworld characters such as prisoners
and ex-convicts.
2. 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.
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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.
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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.
3. 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.
1. IDENTIFICATION OF CRIMINALS
CONFESSION– is the direct acknowledgement of guilt arising from the commission of a crime.
Types of Confession
a. Extra-Judicial Confession – those made by the suspect during custodial investigation.
b. 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.
1. 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.
2. 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.
3. TRACING EVIDENCE – articles which assist the investigator in locating the criminal. Stolen goods in
the possession of the suspect in an example of tracing evidence.
MODUS OPERANDI – is the method of operation by a specific criminal or criminal syndicate. It is a distinct
pattern of how a crime is committed and is established by a series of crimes under one classification. The
modus operandi of one criminal is distinct and different from the other. It is a criminal trademark, logo or
brandname.
INFORMANT – is a person who gives information to the police relevant to a criminal case about the activities
of criminals or syndicates.
TYPES OF INFORMANTS
a. Anonymous informant – do not wish to be identified.
b. Rival elimination informant – to eliminate competition.
c. False informant – reveals information of no consequence or value.
d. Frightened informant – motivated by anxiety.
e. Self-aggrandizing – hangs about the fringes of the criminals.
f. Mercenary informant – gives information for a price.
g. Double crosser informant – to get more information from the police.
h. Woman informant – female associate of the criminals.
i. Legitimate informant – operators of legitimate business establishments.
MOTIVES OF INFORMANTS
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a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. 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.
a. Surveillance of Place (fixed/ stake-out)
b. Shadowing
c. 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
1. Surveillance of places
2. Tailing or shadowing
3. Undercover investigation or roping
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
a. One man –extremely difficult and should be avoided, if unavoidable keep subject in view at all
times.
b. Two man – two agents are employed to follow the subject.
c. ABC method – reduces the risk of losing the subject, affords greater security agents detection.
d. 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.
e. Combined foot-auto surveillance – employment of surveillants on foot and agents in an
automobile.
What are the things that should be avoided during shadowing?
a. Don’t meet the eye of the subject
b. Don’t adopt a slinking, sleuthing, creeping manner
c. Don’t wear story book disguises
d. Don’t carry noticeable items
e. Don’t greet fellow agents
f. 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.
a. stopping abruptly and look back
b. casually looking around
c. reversing course/retracing steps
d. boarding bus and alighting just before they start
e. riding short distance on bus
f. circling the block on a taxi
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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.
3. GATHERING EVIDENCE
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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.
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