FUNDMENTALS OF CRIMINAL INVESTIGATION

NOTABLE ACCOUNTS RELATIVE TO INVESTIGATION:

CODE OF HAMMURABI
 one of the first bodies of wirtten law created by King Hammurabi of Babylon
on 1750 B.C.

LEX TALIONES
 ( Law of Retribution) it observed the principle where the punishment of an
offender is equal to what he did and its concept also known as “ An eye for
an eye and a tooth for a tooth”

QUESTORS OS TRACKERS/MURDERERS
 The first specialized investigative unit created in Rome on the 5th Century
B.C.

TEXAS RANGERS > forerunner of Federal Burea of Investigation (1835 USA)

 First law enforcement agency with statewide authority

JONATHAN WILD
 A buckle maker and a brothel operator and a master criminal who became
the most effective criminal investigator in London on 1720

EUGENE “FRANCOIS” VIDOCQ

 Father of Modern Criminology in the French Police Department and
regarded as the first private detective at France on 1811
SIR ROBERT PEEL
 British statesman who established London Metropolitan Police Force (LMPF)
which became the world’s first modern organized police force on 1829

ALLAN PINKERTON > most famous private investigator (1852 USA)

 Founder of American criminal investigation system

KATE WAYNE > first woman detective hired by Pinkerton Agency (1856 USA)

THOMAS BYRNES
 Founded the criminal “modus operandi”, a latin word which means methods
of operation on 1866

ALPHONSE BERTILLON > introduced the first systematic identification system base on
Anthropometry or Anthropometrical measurement (1882 France)
 Founder of Criminal Identification/ Father of Personal Identification

CRIMINAL INVESTIGATION SERVICE (1901) > origin /root of Ciminal Investigation and
Detection Group (CIDG)

LAWS RELATIVE TO CRIMINAL INVESTIGATION:

 1935 Phil. Constitution, Art. 3, Sec. 17 (1)
In all Criminal Proceedings, accused sahll enjoy right to be heard by himself
and a counsel.
 1973 Phil. Constitution, Art. 3, Sec 20
Any person undr investigaion shall have the right to remain silen, to have a
counsel, and to be informed of such right. No force or intimidation or any
means which vitiate the free will, shall be used against him. Any confession
obtained in violation of this section shall be inadmissible as an evidence.
  1987 Phil. Constitution, Art 3, Sec. 12 (1)
Any person under investigation shall have the right to be informed of his
right to remain silent and to have a competent and independent counsel
preferrably of his choice. If the person cannot afford the service of a counsel,
he must be provided with one. These right cannot be waived EXCEPT in
writing, signed and in the presence of a counsel.

CRIMINAL INVESTIGATION > is an art, as well as a science which deals with the identity and
location of the offender and providing evidence of his guilt through criminal proceedings.
( Cerelio M. Tradio)
 Criminal Investigation as an art – not governed by rigid rules but by
intuition, felicity of inspiration and to a minor extent by chance or luck
 Criminal Investigation as a science – involves systematic process of
identifying,collecting, preserving and evaluating data or raw facts to produce
valuable information.
- Involves technical and scientific process of examining the details of a
crime under investigation, the investigator must observe and strictly
adhere to the legal aspect of investigation.

FUNCTION OF CRIMINAL INVESTIGATION

1. Recognition or identification of facts , information, evidence, etc.
2. Collection of facts, information, evidence, etc.
3. Preservation of forensic value (legal integrity) of facts, information, evidence, etc.
4. Evaluation of processing evidence and case
5. Presentation of evidence and criminal case

LEGAL ASPECT OF CRIMINAL INVESTIGATION

1. Exclusionary Rule > may not accept evidence obtained by unreasonable search and
seizure regardless of its relevance to a case.
2. Fruit—of-the-Poisonous-Tree Doctrine – evidence obtained as a result of an illegal
operation must be excluded from trial
CONCEPT OF DUE PROCESS
1. Substantive due process > determines whether the statute is fair and reasonable.
2. Procedural due process > defines as the essential elements of fairness under the law

 It hears before it condemns.

CHARACTERISTICS OF A GOOD AND PROFESSIONAL INVESTIGATOR (Cirilo M. Tradio)

1. Intelligence
2. Honesty
3. Patience
4. Must be undrstanding of the people around him
5. Keen observer
ROLE OF THE CRIMINAL INVESTIGATOR
1. The impression that a detective has difficult to come by qualifications and skills
2. That investigating crime is a real science
3. That a detective does more important work than other police officers
4. That all detective work is exiting
5. That a good detective can solve any crime
MODES OF INVESTIGATION
1. Reactive response – addresses crimes that have already occured such as murder, robbery
and burglary.
2. Proactive response – anticipates criminal activity as with many vice and organized crime
investigation.
3. Preventive response – prevention through deterence is sometimes achieve by arresting the
criminal and by aggressive prosecution.

COMPLAINT – it is a sworn written statement charging a person with an offense subscibed by

the offender and any peace officer and file with the court
INFORMATION – is an accusation in writing charging a person with an offense subscribed by
the fiscal or prosecutor and filed with the court.
PRELIMINARY INVESTIGATION – this is an initial inquiry by officers to establish facts and
circumstances of a suspected crime and to preserve any evidence related to the crime
FOCUS OF PRELIMINARY INVESTIGATION
1. Securing the crime scene
2. Considering the possible arrest of the suspect
3. Locating and questioning witnesses and victims
4. Documenting the crime scene
5. Identifying and collecting evidence

STAGES OF CRIME SCENE INVESTIGATION

 PRESERVATION OF THE CRIME SCENE – physically isolating, securing the
area, using police line
 PROCESSING OF THE CRIME SCENE – documentation, crime scene search,
marking, handling, tagging of physical evidence
 PRESERVATION OF PHYSICAL EVIDENCE – observe proper chain of custody
and security in transmitting and transporting evidence.
ACTIONS NECESSARY IN CONTINUING INVESTIGATION
1. Continue basic investigative leads to the identification and apprehension of perpetrators
2. Reconstruct the crime to a rational theory
3. Focusing the investigation
4. Analyze legal significance of information and evidence
RECONSTRUCTION – an effort made to determine the appearance of the place and objects as
to what actually occurred and circumstances of the crime.
KINDS OF RECONSTRUCTION
 Physical Reconstruction – base on the descriiption of the witnesses and the
indication of the pieces of physical evidence recovered or observed
 Mental Reconstruction – from physical reconstruction, some conclusions
can be made concerning the consistency of the accounts of various
witnesses.
EVIDENCE - ,may tend to prove a fact or may be sufficiently strong to compel a conclusion of
facts or just strong enough to create a reasonable doubt; or it is the means sanctioned by the
Rules of Court of ascertaining in a judicial proceeding the truth respecting a matter of fact.
FACT – the truth or effect of evidence
REASONABLE DOUBT – state of the case which, after the entire comparison and consideration
of all the evidence leaves the mind of the court in that condition that they feel an abiding
conviction to a moral certainty of the truth of the charge.
KINDS OF CRIMINALS
1. Known fugitives -
2. Unknown criminals-
TYPES OF SUSPECT INDENTIFICATION
1. Positive indentification – uses information that identifies individual beyond question
and is legally accepting to and originating from a particular individual
2. Tracing identification – involves the useof other information that maybe indicative of
the personal identity of an individual
CONFESSION > declaration of an accused expressly acknowledging his guilt of the offense
charged.
ADMISSION > only an acknowledgment of the fact or circumstances from which guilt may be
inferred.
TYPES OF CONFESSION
1. Judicial confession or confession in an open court
2. Non judicial confession/ extra judicial confession
3. Involuntary confession/ forced confession
4. Voluntary confession

IDENTIFICATION OF CRIMINALS BY EYEWITNESS

1. Portrait parle (verbal description) – speaking likeness (french word)
2. Rogues gallery (use of photographic files)
3. General photograph method
4. Cartography (artist’s assistance)
5. Police lineup
ELEMENTS OF CIRCUMSTANCIAL EVIDENCE TO PRODUCE CONVICTION
1. When there are more than one circumstances
2. When the facts from which the inferences derived are proven
3. When all the combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt
ELEMENTS INFERRED TO PROVE IDENTITY BY CIRCUMSTANCIAL EVIDENCE
1. Motive – the suspect has been motivated by desire for revenge or personal gain.
2. Opportunity – physical possibility that the suspect could have committed the crime.
IDENTIFICATION OF DEAD BODY AND OTHER VICTIMS (methods)
1. By comparison – comparing identification criteria recovered during investigation with
records on the file or post mortem findings and compared with fingerprints on file.
 2. By exclusion – process of elimination where two or more persons have to be indentified
and all but one is not yet identified then the one whose identity has not been
established may be known.
UNDERCOVER ASSIGNMENTS (ROPING)> the investigator assumes another identity or cover
story to conceal his true intention.

FORMS OF UNDERCOVER OPERATIONS USED IN CRIMINAL INVESTIGATION

1. Surveillance
2. Roping
3. Entrapment
4. Buy bust operation
5. Infiltration or penetration
6. Counter intelligence
COVER > any device utilized by person , organization to ensure that one who does not have the
right to know must not be aware the real purpose of the mission
COVER STORY > a biographical data through fictional which will portray the personality of the
agent he assumed.
COVER SUPPORT > an agent assigned in target areas with the primary mission of supporting the
cover story.
TOOLS OF CRIMINAL INVESTIGATION ( 3 I’s of Criminal Investigation)
1. INFORMATION > pertains to any matter relating to the offense under investigation
2. INTERVIEW AND INTERROGATION > casual questioning of a person who possess
knowledge or facts that is of official interest to the investigator
 Pertains to the systematic and forceful questioning of a person whois
reluctant to divulge an information

3. INSTRUMENTATION > mandates the use of instruments or devices for the purpose of
collecting, preserving , examination and evaluation of physical evidence.

FORENSIC SCIENCES AS APPLIED TO CRIMINAL INVESTIGATION

1. Pathology
2. Toxicology
3. Physical Anthropology
4. Odontology
5. Psychiatry
6. Questioned Documents
7. Forensic Ballistics
8. Tool mark comparison
9. Serology

CRIMINALISTICS > a branch of forensic science that deals with the study of physical evidence
related to a crime.

CRIME SCENE SEARCH (METHODS)

1. STRIP SEARCH METHOD – in this method, the area is blocked out in the form of a
rectangle. The three searchers slowly at the same pace along paths parallel to one side
of the rectangle. When a piece f evidence is found , the finder announces his discovery
and the search must stop until the evidence has been cared for. A photograph is taken,
 the evidence is collected and tagged and the search proceeds at a given signal. At the
end, of the rectangle the searchers turn and proceed along new lanes.

2. DOUBLE STRIP SEARCH OR GRID METHOD > a modification of the strip search method.
Here the rectangel traveresd first parallel to the base then parallel to a side.

3. SPIRAL METHOD > the searchers follow each other along the path of a spiral beginning
on the outside and spiralling in toward the center or vice versa.

4. ZONE SEARCH METHOD > one searcher is assigned to which subdivision, then each
quadrant is cut into another set of quadrants.

5. WHEEL SEARCH METHOD > if the area to be searched is approximately circular or oval
the wheel method may be used. The searcher gather at the center and proceed toward
along a radii or spokes. The procedure should be repeated several times depending on
the size of the circle and the number of searchers. The principal drawback of this
method is that the distance between searchers increases as they depart from the
center.

SKETCH > is the simpliest and the ost effective way of showing actual measurements and of
identifying significant items of evidence and their location at the scene.

KINDS OF SKETCH

1. ROUGH SKETCH – made by the investigator at the crime scene, scale and proportion is
ignored and everything is approximated, used as basis of a finished sketch.
2. FINISHED SKETCH – made primarily for court presentation, scale and proportion is
observed.
3. SKETCH OF LOCALITY – give a picture of the scene, the crime and its environs.
4. SKETCH OF THE GROUNDS – pictures the scene of the crime with nearest physical
surroundings.
5. SKETCH OF DETAILS – describe immediate scene only.

CRIME SCENE PHOTOGRAPHY > investigator should not disturb the scene or any objects at the
scene prior to photographing, crime scene photography provides permanent record of the facts
at the crime scene and is not substitute for field notes, accurate measurements and sketch of
the scene.

PHOTOGRAPHIC EVIDENCE > is the means sanctioned by law of ascertaining in a judicial

proceeding the truth respecting the matter of fact with the aid of a photograph.

PHYSICAL EVIDENCE > are 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 resolution of the case.

KINDS OF PHYSICAL EVIDENCE

1. CORPUS DELICTI EVIDENCE – object or substances which are essential part of the body
of the crime.
2. ASSOCIATIVE EVIDENCE – evidence which links the suspect to the crime scene or
offense.
3. TRACING EVIDENCE – articles which assist the investigator in locating the suspect.

MODUS OPERANDI > it is a latin term for mode or a method of operation

ARREST – it is the taking of person into custody in order that he may be bound to answer for
the commission of an offense.
Arrest without a warrant:

1. When in his presence the person to be arrested has committed, is actually committing
or is about or attempting to commit an offense.
2. When an offense has in fact been committed , and he has personal knowledge of facts
indicating that the person to be arrested has committed it, and
3. When the person to be arrested is a prisoner who has escaped from penal
establishment or plac where he is serving final judgment or temporarily confined while
his case is pending or has escaped while being transported from one confinement to
another .

How made? > it is made by actual restraint of the person to be arrested, or by his submission to the
custody of the person making the arrest. No violence or unncessary force shall be used in making an
arrest, and the person to be arrested shall not be subjected to any greater restraint than is necessary for
his detention.

Duty of an arresting officer. >it shall be the duty of the officer excuting the warrant without
unnecessary delay to rrest the accused and deliver him to the nearrest police station or jail.
Execution of warrant. > the head of the office gto whom the warrant of arrest has been delivered for
execution shall cause the execution of the warrant within ten (10) days upon receipt thereof. Within ten
days (10) days, failure of the officr to execute the warrant, shall make a return to the judge who issued
the warrant, in his failure to execute the same, shall state the reasons therefor.

Time of making the arrest. > an arrest may be made on any day, and any time of the day or night. The
arrrest may be made on Sundays or holidays when it is hard to obtain bail.

Right of an officer to break into building or enclosure. > an officer in order to make an arrest either by
virtue of a warrant or when authorized to make such arrest for an offense without a warrant, may break
into any building or enclosure in which the person t be arrested is or is reasonably believed to be if he is
refused admittance thereto, after he has announced his authority and purpose.

RAID – a hostile or predatory incursion by rapidly moving police or military personnel to arrest
criminals or to search for fruits of crimes.

PURPOSE OF A RAID
1. To effect apprehension
2. To obtain evidence of illegal activity by surprising the offenders in flagrante delicto
3. To recover stolen property
DONT’S IN A RAID
The following should be avoided during the conduct of raid;
1. Don’t take unnecessary chances
2. Don’t underestimate the ability or courge of subject
3. Don’t raid when not properly prepared
4. Don’t endanger the lives of the bystanders
5. Don’t use raiders that are not well acquainted with each other
6. Don’t forget gas mask when employing tear gas
7. Don’t make unnecessary rough on the subject
8. Don’t shoot to kill unless very imperative
9. Don’t touch the evidence unless seen by witnesses or by the owner or occupant of the place

THE FOLLOWING WILL BE SEIZED AT THE SCENE OF THE RAID

1. Weapons that maybe used against the raiding party
2. Articles which might be used as a means of suicide
3. Articles which might be used in escaping
4. Articles which may be used in the commission of the crime
5. Proceeds or fruits of the crime

DISPOSITION OF ARTICLES NOT COVERED IN SEARCH WARRANT

1. If the articles are illicit or contraband, the same must be seized.
2. Such articles maybe used as evidence to prosecute the person
 3. Non-contraband articles must be returned to the owners or must not be seized in the first
place.

SEARCH – is an examinations of man’s house or other building or premiseswith a view to the

discovery of contraband or ellicit or stolen property or some evidence of guilt to be used in the
prosecution of criminal action for some crime or offense.

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 peace officer commanding him to search for personal
property described therein and bring it before the court.

REQUISITES FOR VALID SEARCH WARRANT AND WARRANT OF ARREST

a. It must be issued upon probable cause
b. The probable cause must be determined personally by the judge himself
c. Such determination of the existence of probable cause must be made after examination by
the judge of the complainant and the witness he produced, and
d. The waarant must particularly described the place to be searched , and the persons or
things to be seized.

SCIENTIFIC INSTRUMENTS AND OTHER MODERN TECHNOLOGIES USED IN CRIMINAL

DETECTION AND INVESTIGATION

1. Atomic absorption spectrophometer

2. Automated fingerprint identification system (AFIS)
3. Bullet comparison microscope (Forensic comparison microscope)
4. DNA (DEOXYRIBONUCLEIC ACID)
5. Gas chromatograph
6. Infrared light/radiation
7. Infrared spectrophotometer
8. LASER (Light Amplification by Stimulated Emission of Radiation) Technology
9. Magnifying lens
10. Mass spectrometer
11. Neutron activation analysis
12. Polygraph
13. Spectrograph (Emission Spectrograph)
14. Stereoscopic microscope
15. Spectrophotometer ( Visible Spectrophotometer)
16. Ultra violet light/radiation
17. X-ray diffraction Spectrophotometer