CHAPTER IV

TRISH IDENTIFICATION OF CRIMINALS – this is the first phase taken of criminal investigation
MAIS Maybe undertaken by ff.
 By the admission and confession of the criminal himself
 By testimonies and identification by the witnesses
 Identification proven by evidence
 Identification by modus operandi

TRISHA MODUS OPERANDI or the mode of operating – patterns of behavior of the criminal’s way of committing
the crime.
MAIS Confession and Admission by the criminal himself;
 Confession is expressed as acknowledgement by the accused in the crime the accused is
guilty to the crime charged. STATEMENT OF GUILT
TRISHA  Admission is merely the acknowledgment that a particular fact is true, this is usually applied
in criminal cases. STATEMENT OF FACT

KATRINA “STATEMENT OF GUILT” – Distinguished from admission maybe use as evidence.

“STATEMENT OF FACT” – Not directly involved in acknowledgement applied in criminal cases.
Kinds of Confession:
KATRINA a. EXTRA JUDICIAL CONFESSION
 A confession made during the investigation before trial.
 VOLUNTARY EXTRA JUDICIAL CONFESSION – when the person made the declaration in his
free will without force, reward, leniency, violence, threat or intimidation.
 INVOLUNTARY EXTRA JUDICIAL CONFESSION – confession by force, reward, leniency,
violence, threat, or intimidation. This confession is not admissible in court as evidence for it
violates the human rights.

b. JUDICIAL CONFESSION
 Confession made inside the court during trial, usually voluntary and therefore an admissible of
high degree.
MAIS
- It should be written
- Should be executed while the person is under oath
- It must be written in language understood by the accuse
- It must be voluntary and freely given by the accused
- It must be taken while in the presence of counsel chosen by the accused
Identification by means of witnesses:
- The accuracy of the statement of the witness depends on the ff.
a. The ability of the witness to remember distinct appearance of the suspect. The physical identity
TRISHA of the criminal.
b. Prevailing conditions of observation and visibility when the crime was committed. how the
criminal can visualize detailed happening during the crime.
c. Lapse of time between the crime commission and the identification process. Critically identify if
the time state by witness links to the existence of the criminal in the said crime location.
MAIS There are 3 methods by which if a person has a knowledge in regards of the crime and the identity of
the offender. The idea they have towards the crime can help the police upon tracing the criminal they
may and can identify the perpetrators by the means of any of the following.

1. BY MEANS OF VERBAL DESCRIPTION – facial feature of the suspect details that a witness saw
physically in the suspect and this can be sketch by the sketch artist.
KATRINA 2. BY MEANS OF “POLICE LINE UP” – where a witness has to choose from the ten or five
representatives in front of them, but these witnesses aren’t allowed to communicate with each
one another and the decision made by the witness cannot be known by the suspects.

- Line-up Identification

 Where the witness has to identify amongst the people in front who the real one is, by making
them do things that allows the witness to know who really the suspect is, the witness may ask
to say a phrase of use something in for them to locate the one.

LINE UP IDENTIFICATION IS COMMONLY USED WHEN THE SUSPECT IS IN CUSTODY AND THERE WERE
WITNESS.

Note: that if one of the line-ups has to do something it has to be done by rest in the line-up.
 The chosen ones in the line-up must be almost the same in look. They shouldn’t be any different like
there is shorter and taller they must be in the same race.

TRISHA 3. BY MEANS OF ROUGE GALLERY – identification by photographic files where witness is assisted
to the photo laboratory which contains database of photographs of criminals who are already
listed with crime.

- Face
- Body built
- Peculiarities – odd or unusual feature or habit

Identification based on Evidence – relies on circumstantial indirect identification facts base on the
associative evidence. If the evidences shown in one person this must not be only one but more
evidence to prove.

KATRINA a. CIRCUMSTANTIAL EVIDENCE – produce conviction of accused.

- Should be more than one
- Inferences must be proven
- Combinations of all circumstances is such to produce number of evidences which is beyond
reasonable doubt.

MAISIE CIRCUMSTANTIAL EVIDENCE MAY BE DERIVED FROM MOTIVE, OPPORTUNITY AND INTENT.
(tanungin muna ano para sakanila definition ng tatlo bago isa-isahin pag explain omkay)
MOTIVE – lack of motive maybe useful in showing the innocence of the accused. Proof of motive is not
sufficient to support a court conviction. (a motive is something which prompts a person to form an
opinion or intention to do certain illegal act or even a legal act with illegal means with a view to achieve
that intention)

KATRINA OPPORTUNITY – physical possibilities

1. Suspect is within the vicinity at time of its commission.
2. Awareness of the criminal objectives
3. Absence of alibi or excuse
TRISH INTENT – resolve or determination with which a person acts to commit a crime. Intent is always
presumed from the commission of the unlawful act.
Lack of intent maybe inferred from the facts surrounding the crime.
b. ASSOCIATIVE EVIDENCE – refers to the physical proof, this provides the connection of the
KATRINA criminal in the crime. Ex. (fingerprint, blood DNA, corborative evidence is necessary)
Ex. A persons finger print is found inside a shop the finger print itself is an evidence that the person was
there. In order to support that we must look for and find a corborative evidence to even more support
the other evidences example is the cctv.
c. TRACING EVIDENCE – the physical evidences brought by physical contact between suspect and
MAISIE victim. FIBER, HAIRS, SOIL ETC.
- According to Edward Locard’s exchange principle “ANY ACTION OF AN INDIVIDUAL, AND
OBVIOUSLY THE VIOLENT ACTION CONSTITUTING A CRIME, CANNOT OCCUR WITHOUT
LEAVING A TRACE”
TRISHA IDENTIFICATION BY MODUS OPERANDI – it is human nature that personal habits and mannerism do
not change easily but remains with the individual for years.

MODUS OPERANDI – this file helps investigator to point the suspect by the behavior of the criminal.
Ex. THE CALL

MAIS - As to the description of the criminal

TRISH - As to the nature of the target or object of the crime
MAIS - As to the observation of the crime scene
TRISH - as to the motive of the criminal
MAIS - as to the time commission
TRISH - as to the human peculiarities
MAIS - as to observed natural peculiarities
TRISH - as to the manner the crime was committed.

KAT POLICE FILES contains considerable information. Were the information being all about the people who
have committed a crime.
LOCATING SUSPECTS – sources of information, a suspect can also help to locate the suspect.
The neighboring of the suspects the police may communicate to where the suspects lives and who the
MAISIE suspect is close to/with.
If the suspect is cannot be found on the locations, he used to go the investigator now is task to locate,
trace the person. The investigation must be based on the knowledge that most people are to some
extent and are familiar.
The investigator can as well get information in the personal ongoing living of the suspect checking the
 bank, relatives, business etc.
Identifying Suspects: Researchers and law enforcement officials say several techniques can increase
TRISHA the accuracy of identification.
5 suggested techniques to aid in identifying suspects.
BLIND ADMINISTRATION- departments can remedy this by choosing someone not familiar with the
TRISHA case to run the line-up. The investigator who shows the witness a photo line-up can influence the
witness response even unintentionally.
KATRINA SEQUENTIAL LINE UP- shows images one by one to avoid relative judgement comparing.
MAISIE GOOD FILLERS- the people in the line-up must resemble the suspect.
KATRINA LOW PRESSURE- witnesses should be told that the suspect way or may not be that line up investigators
must not congratulate or press witnesses to identification.
TRISHA WRITING DOWN- witnesses somewhat decides confusing in identifying it changes overtime that is why
writing it down to prevent overselling.
MAISIE PHOTOGRAPHIC IDENTIFICATION- this can be obtained through files and surveillance the photos are
paste in a board with a code on the back of the photograph there shouldn’t be any other info.
KATRINA THE SUBJECT- refers to who or what is observed it can be a person, place, property, vehicle, group of
people, organization or people.

TRACING AND LOCATING THE CRIMINAL

KATRINA Surveillance (katik will handle dis)
Narcotics- substance that affects behavior
Informants- known as a confidential human source
TRISHA  Surveillant – clandestine (keeps and done secretly)
MAISIE  Subject- refers to the target
STATIONARY SURVEILANCE – fixed surveillance this is called a plant or stakeout.
MAISIE (Stakeout a secret loc. Of /by police)

TRISHA OUTSIDE SURVEILLANCE – is done outside by disguising

KATRINA MOVING SURVEILLANCE- tailing the suspect:

MAISIE  Rough tail
KATRINA  Open tail
TRISH  Loose tail
KATRINA  Closed (tight) tail

Objectives in the conduct of surveillance operations:

TRISHA  Identifying Associates
MAISIE  Detect criminal activities modus operandi
KATRINA  Prevent of the commission of crime
TRISHA  Gather evidence in assisting conviction
MAISIE  Basis for obtaining search warrant – fourth amendment police have reasonable grounds have a
reason to obtain a warrant by probable cause
KATRINA  To locate a wanted person
TRISHA  Conduct background investigations
MAISIE  Check loyalty
KATRINA  Protect witnesses

TYPES OF SURVEILLANCE:
KATRINA  COVERT- UNAWARE
 OVERT- AWARE
Preliminary Survey of The Place of Surveillance
TRISHA - Careful study of the surrounding should be made
- Conducting observation of known locations where criminal operate and hide.
KATRINA Shadowing or tailing- following another person

KINDS OF SHADOWING
MAISIE  Rough shadowing- the target knows he’s being followed.
KATRINA  One man shadow- following the subject on foot, this is to have solved information about the
subject.
MAISIE  Two-man shadow- this is way better than the one man for this is hard for the subject to
recognize the operative.
TRISHA  Three men shadowing- ABC method this is well predetermined and plan to following the
subject prearrange.

MAISIE Loose tail- target must be ascertained

TRISHA Close tail- extra precaution to not lose the subject
MAISIE Roping- maintains the surveillance or perform observation
 TRACING AND LOCATING CRIMINALS BY UNDERCOVER OPERATIONS:
TRISHA The operating procedures of PNP personnel in the conduct of undercover operations are to wit: rue
(14)

TRISHA SEC.1. SCOPE OF UNDRCOVER OPERATION

MAISIE SEC.2. USAGE OF INFORMATION OBTAINED FROM UNDERCOVER OPERATIONS
KATRINA SEC.3. MISSION ORDERS
TRISHA SEC.4. RESTRICTIONS
MAISIE SEC.5. AFTER-MISSION REPORT
KATRINA Non-uniform or plain clothes investigators
Not smelling like the law – could not justify a search without a warrant.
KATRINA Undercover assignments are relatively simple- (ruses)-use as an action to deceive someone
KATRINA TWO TYPES OF RUSES
(1) Deception as to identity- posing as a drug dealer/prostitute
(2) Deception as to purpose- pretending to investigate a different person

TRISHA (Many undercover assignments are more elaborate)

MAISIE The undercover agent selected must fit the assignment age, sex, general appearance, language, facility,
health, energy level, emotional stability and intelligence.
KATRINA Working as an undercover
 Must know everything possible about the subject.
 Communicate to the headquarters.
KATRINA - Undercover operation is used of gather evidences to a specific crime.
KATRINA - To find out what activity and what kind of criminal are taking place.
KATRINA - Undercover must be professional and mature.
KATRINA - Planning the operation, this must conduct a meeting where all the officers included in the
operation should be aware of the plans gets change before or especially during operation.
The plan should contain a minimum of the following information:
TRISHA  Case number
MAISIE  Date, time, and place of operation
TRISHA  Undercover officer(s)
MAISIE  Suspects (with info such as photos)
TRISHA  Surveillance officers with the assignments
MAISIE  Street supervisor
TRISHA  Office supervisor
MAISIE  Vehicles description with license plate number
TRISHA  Flash roll involvement (display of funds- supervisors must know when, where, and how to
safely display departmental funds.)
MAISIE  Radio call signs of officers (to identify an officer by the code name) ex. Charlie Airlines Flight
744
Charlie 744 (CS) (CL 744-Flight No.)
TRISHA  All pertinent phone numbers
MAISIE  Brief narrative of what is expected to happen
TRISHA  Emergency signals to be used by undercover (communication will be outlined)
MAISIE  Location of nearest medical care

THE KEYS TO UNDERCOVER SAFETY

TRISHA  Plan the operation carefully
MAISIE  Always use an operational plan
KATRINA  Practice correct flash roll management (banknotes)
- This is to convince criminals that they want to go illegal transactions.
TRISHA  Establish good communication procedures
MAISIE  Undercover should be equipped (should have the ability to send and receive message)
KATRINA  Undercover officer must not be in the arresting scene
MAISIE PRECAUTIONS FOR UNDERCOVER AGENTS:
MAISIE - Write no notes the subject can read
MAISIE - Carry no identification other than the cover id
TRISHA - Communication with headquarters should be covert
TRISHA - Do no not initiate or participate in crime activity
KATRINA ENTRAPMENT
- Sherman vs. United states- (1958) Petitioner Joseph George Sherman
 Shermans case was induced to commit the offense by Kalchinian
 The product the creative activity of law enforcement official
MAISIE STING OPERATION
- Holds different techniques covers a wide variety of crime.
TRISHA  Opportunity or enticement to commit a crime
MAISIE  Offender(s) for a particular crime type
TRISHA  Hidden police or some form of deception
MAISIE  Gotcha climax
- Benefits enhances police image, relationship and impressive conviction record
TRISHA RAIDS – surprise the subject

Objectives:
 Recover stolen property
 Seize evidence/to arrest a suspect

Consideration:
 Whether these are alternative
 Legality of the raid
MAISIE (Raid must be under the authority of no-knock arrest or search warrant)
MAISIE Planning a raid- begin by gathering information
KATRINA INFORMANTS- investigators relys heavily on informants
TRISHA CLASSIFICATION OF INFORMANTS:
 Ordinary informants – anonymous type
MAISIE  Mercenary informants – money oriented
KATRINA  Rival elimination informants- gives information to eliminate
TRISHA  Double crosser informants- give information to the police but its objective is to get more
information from the police and their activities.
MAISIE  Voluntary informants- persons who gives life to the case known for legitimate informants
they’re usually an operator of business to not be associate with the case.
KATRINA  False information- concocted out of thin air gives fictitious facts to deviate police efforts from
himself or of any of his associates.
TRISHA  Self-aggrandizing informants- moves around centuries of criminals and surprise police with
bits of information for attention.
MAISIE MOTIVES OF INFORMANTS IN GIVING INFORMATION
TRISHA  VANITY – admiration of owns achievements, this is often dangerous to our law enforcement
officers greed
KATRINA  CIVIC MINDEDNESS- this is altruism(selfless) they regard devotion to the welfare of others.
TRISHA  FEAR – cooperate to free thyself from danger
MAISIE  REVENGE- characterized by hatred
KATRINA  REPENTANCE- repay from past sin
TRISHA  RENUMERATION- sells information (mercenary informants) dangerous for they might sell the
info to others and gives more info to the highest bidder.
KATRINA  PERVERSITY- they lure, they are wrongheaded determined, they usually distract investigations
efforts for gathering information.
TRISHA  JEALOUSY
MAISIE  AVOIDANCE OF PUNISHMENT
KATRINA  GRATITUDE- appreciation returns kindness
AS A GENERAL RULE NEVER DIVULGE THE IDENTITY OF INFORMANTS
1 Informants’ identity shouldn’t be disclosed unless necessary only to proper authorities.
2 Informants of confidential is kept secret except to the commanding officers.
3 Informants should not be asked to testify in court.
3 Take necessary precautions to avoid compromise of information sources of information considered
confidential.