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Chapter 3.

Criminal Investigations, its components, phases and importance

Kinds of Criminal Investigation

Generally speaking, there are only two kinds of criminal investigation:


1. Investigation while the suspect is under arrest and detention; and
2. Investigation while the suspect is “at large”. It means that the suspect is not under arrest or
detention, as distinguished from fugitive from justice.

The Four Phases of Criminal Investigation


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

Components of Criminal Investigation


1. PATTERN refers to a series of similarities that may link particular cases or indicate that the same
person is committing a series of crimes.
2. LEADS these are clues or pieces of information that aid in the progress of an investigation.
3. TIPS specifically refer to leads provided by the citizens that aid in the progress of an investigation.
4. THEORIES beliefs regarding the based on the evidence, patterns, leads, tips and other information
developed and uncover in the case.

Trichotomy of Criminal Investigation


1. Training Being a critical factor in developing good and competent investigator, is the key to freedom
from bandage of ignorance.
2. Tools To establish facts and develop evidence, a criminal investigator must use these tools-
information, interview, interrogation, and instrumentation.
3. Technique Essence of tactical strategy in investigation.

Importance of Criminal Investigation


1. The problem on crimes and criminals should be carefully studied and provided with solutions.
2. It helps the five pillars of the Criminal Justice system in recognizing and identifying criminal and
provides clues or information in promoting social justice.
3. An aid in enforcing the laws and the protection of lives and properties.

Forms of Investigation
1. Formal Investigation
It refers to official inquiry conducted by a government agency in an effort to uncover facts and
determine the truth.
2. Inquest
It is an effort to search the basic cause of an incident such as the commission of a crime.
3. Inquisition
A more historical description than a current usage to describe any penetrating investigation
concerning a religious issue.

4. Probe
Similar to formal investigation, is an extensive, searching inquiry conducted by a
government agency.
5. Research
It is the most employed type of investigation refers to the careful, patient investigation
done by scientist or scholars in their efforts to identify original sources of data or causes of problem.

Categories of Criminal Investigation according to John Dempsey

Criminal Investigation vs Non-Criminal Investigation


Criminal Investigation - carried out by the police.
Non-Criminal Investigation - involves on non-criminal incidents or events.

Reactive Investigation vs Proactive Investigation

Reactive Investigation - initiated on the basis of a complaint.

Categories of Reactive Investigation


a. Walk-through
Suspect is easily determined and located.
b. Where-are-they
Suspect has been tentatively identified but has not been located.
c. Whodunit
This is a case in which no suspects are initially identified.

Proactive Investigation - these are designed to catch a criminal in the act of committing a crime.
a. Decoy operations are of blending and decoy types to catch criminals in flagrante delicto.

b. Undercover operations usually in the form of buy-bust and entrapment.

Overt Investigation vs Covert Investigation


a. Overt Investigation - openly.
b. Covert Investigation - in secret.

STARTING POINTS OF CRIMINAL INVESTIGATION


1. State the problem
2. Form hypotheses
3. Observe and experiment
4. Interpret data
5. Draw conclusions

Basic Steps In Crime Scene Investigation


1. Recognition- involves the efforts of identifying data, including physical things that may provide
relevant information regarding the criminal case being investigated.
2. Collection- refers to the act of gathering those identified data or facts, or physical things that are
significant to the case under investigation.
3. Preservation- includes act of keeping the collected evidences in their true and original for, preventing
contamination or destruction of its substantive value.
4. Evaluation- the process of determining the probative value of the evidence.
5. Presentation- it is the function that is primarily manifested inside the courtroom.

Chapter 4

SURVEILLANCE AND UNDERCOVER OPERATIONS

SURVEILLANCE - consist of keeping persons, place or other targets under physical observation.

SURVEILLANT defined- The surveillant is the person who conducts the surveillance or performs
the observations.

SUBJECT - The person, place or vehicle being observed by the surveillant.

THE PURPOSE OF SURVEILLANCE

-To get information on criminal activities as a basis for future raid.


-To discover the identities of persons frequenting the place to establish their criminal activities.
-To obtain evidence of a crime or to prevent commission thereof by arrest or raid.
-To establish legal grounds for the application of a Search Warrant
-To arrest the criminal in flagrante delicto.

THE KINDS OF SURVEILLANCE

Surveillance of places
Tailing or Shadowing
Undercover investigation or “ Roping”

Types of Surveillance
a. According to Intensity and Sensitivity
● Discreet – subject is unaware that he/she is under observation
● Close- subject is aware that he/she is under observation varied on each occasion
● Loose- applied frequently or in frequently, and period of observation varied on each occasion.

b. According to Methods
● Stationary – observation of place usually a bookies stall, gambling joint, or a residence where illegal
activities are committed ( fixed point position)
● Moving – surveillants follow the subject from place to place to maintain continuously watch/observe
of his/her activities.
● Technical – uses communication and electronic hardwares, gadgets, systems and equipment.

OTHER TYPES OF SURVEILLANCE:


Fixed Surveillance- watching a house or building
Moving surveillance- on foot or by motor vehicle

Shadowing, Tailing or Roping

Shadowing or tailing
- act of the surveillant of following his subject to detect criminal activities.

Roping
- surveillant assumes different roles and identity in order to obtain information

What is Shadowing/ Tailing?

Shadowing /Surveillance is the monitoring of behavior without the target being made aware that they
are being monitored, and tailing is a specific method of following an individual / person to know and
capture the activities in the form of photographs and videos.

Purpose of Shadowing/ Tailing


The art of shadowing (tailing)

On the basis of supporting videos and/or photos, this process actually makes it possible to accurately
retrace the events and actions of the subject being followed, irrespective of how the subject travels
about.

PURPOSE OF FOOT SURVEILLANCE:


-To detect pieces of evidence of criminal activities. 
-To establish the associates of the subject. 
-To establish places frequented by the subject and his place of operation or temporary residence. 
-To locate a wanted person, or a missing person.
-To protect witnesses or complaints.
-As part of background investigation of a certain person a lawful cause in promotion, appointment or
award.
-As a form of loyalty check for suspected employees in cahoots with criminals or shady characters.

TACTICS AND TECHNIQUES OF SHADOWING


-TURNING CORNERS 
-ENTERING A BUILDING
-RIDING A BUS 
-RIDING A TAXI
-RIDING A TRAIN
-INSIDE A RESTAURANT
-IN A HOTEL
-TLEPHONE BOOTH
-IN A THEATER
-INSIDE A PRIVATE HOUSE
-INSIDE A SMALL PRIVATE OR PUBLIC OFFICE

Procedures in Fixed Surveillance


a. Using a room in a nearby house or building
b. The use of listening devices and to record them.
c. Other surveillant may remain outdo

Tools Used in Fixed Surveillance


a. Binocular or telescopes
b. Movie Cameras with telephoto lens
c. Wire tapping device with tape recording apparatus.
d. Other listening devices
e. In case there is difficulty in wire tapping device, an expert in lip reading must be employed

The Methods of Foot Surveillance

a. One Man Shadow – commonly used because of at least number of men involved.
b. Two-Man Shadow – this is more advantageous because it permits immediate change and are
less likely to be recognized. One officer will follow the subject and the other will keep abreast or
on the opposite side of the street.
c. Three-Man Shadow or ABC Shadow – otherwise known as ABC method.
A is closest to the subject S. He follows S at a distance depending on the pedestrian traffic. While
B follows A about the same distance between A and S.

COMMON TRICKS OF SUBJECT


TEST FORT AILING- when the subject is conscious that he is being tailed while about to board a
public conveyance, is to jump off the vehicle.

USE OF CONVOY- The subject employs other partners to detect if he is being tailed

UNDERCOVER OPERATION
Defined it is a police operation wherein the investigator assumes a fictitious in order to infiltrate
the ranks of the criminals for the purpose of obtaining information. This is only resorted to as a
final option if no other effective means of obtaining information is available. It is a last resort
because of the risk involved which may cause the loss of life or limb of the investigator. This is called
“Roping”

PURPOSE OF UNDERCOVER OPERATION

Gathering evidence
Gathering Information
Counter Intelligence
Installation of Surveillance equipment
Loyalty check
Penetrating Subversive organization
Basis for a successful raid

Chapter 5

LOCATING THE SUSPECT


(Through the use of Informant)

INFORMANT AND INFORMER

Informant - any person who gives information to the police authorities relative to a crime.
The Types of Informants
● Anonymous Informant - A person who gives information to the police both about themselves and
what they witnessed is a “citizen informant.
● Rival-Elimination Informant - maintains identity being anonymous. His purpose is to eliminate rival
person or gang due to competition or other motives such as revenge & etc
● False Informant - These are the type of informants who intentionally provides misleading
information mostly but not always, to direct police attention away from an illegal and ongoing
offence by himself or herself, friends, or relatives.
● Frightened Informant - possesses fear or has self interest in giving information to the police. He
might be one of the lesser gang member who runs to the police when his gang mates are about to
be involved in a dangerous situation or when the gang is hot on the police trail.
● Self-Aggrandizing Informant - moves around the centers of criminals, group or syndicate &
delights in surprising the police about bits of information.To counter this kind of informant, the
police apply deception method by giving him false information that will lead to his capture.
● Confidential Informant - A SECRET SOURCE WHO, THROUGH A CONTACT OFFICER, SUPPLIES
INFORMATION ON CRIMINAL ACTIVITY TO THE POLICE OR LAW ENFORCEMENT AGENT.
● Mercenary Informant - They provide information to the police for financial reward.
● Double-Crosser Informant - he/she gives information, but the objective is also to get more
information from the police and their activities.

Motives of Informants
● Vanity - the quality of being vain, or having a ridiculous amount of pride
● Civic Mindedness - having, showing, or actively carrying out one's concern for the condition and
affairs of one's community; public-spirited.
● Fear - an unpleasant often strong emotion caused by anticipation or awareness of danger.
● Repentance - the action of repenting; sincere regret or remorse.

Steps of Informants Recruitments (SIAT)


● Selection
● Investigation
● Approach
● Testing

Factors to consider in Informant Recruitment


● Sex
● Health
● Ability
● Age
● Education
● Personality

Dismissal of Informants
● The handler should avoid antagonizing the informant.
● Explain properly and humanely the reasons of dismissal.
● If file of the informant exists, dismissal must be in writing for future references.

The Informer
is a person who provides information to the police on a regular basis. They are either paid regularly
or in a case-to-case basis, or none at all.
Chapter 6

GATHERING OF EVIDENCE

Evidence
--Evidence, in law, any of the material items or assertions of fact that may be submitted to a
competent tribunal as a means of ascertaining the truth of any alleged matter of fact under
investigation before it.
-Evidence in criminal law, is the means, sanctioned by these rules, of ascertaining in a judicial
proceeding the truth respecting a matter of fact.
-Evidence in legal sense, it is relevant if it logically goes to proving or disproving some fact at issue in
the prosecution. It is admissible if it relates to the facts in issue, or to circumstances that make those
facts probable or improbable, and has been properly obtained.

Classification of Evidence

Direct evidence is those evidence who are evidence of precise point in issue.

Indirect evidence, also sometimes referred to as circumstantial evidence, is a fact or set of facts that,
if true, allow a person can infer the fact at issue.

Circumstantial Evidence. It may be defined as any fact from the existence of which the judge may
infer the existence of a fact in issue. It is not the evidence direct to the point in issue, but evidence
of various facts other than facts in issue which are so connected with the facts in issue that taken
together they form a chain of circumstances leading to an inference or presumption of the principal
fact. 

Real Evidence - It is an evidence in material form produced before the court so as to enable the
court to draw its own conclusion or inference by using its own senses.  

Primary Evidence- It is one, which under every possible circumstance affords the greater certainty of
the facts in question. It is also referred to as the best evidence, or that kind of proof, which under
any possible circumstances, affords the greatest certainty to the facts in question.

Secondary Evidence - It is an evidence which is admitted in the absence of primary evidence. For
example, if a letter is lost, it is as good to recite it from memory or to produce a copy. However, it is
within the powers of the court subject to the Act to decide whether a document produced is the
original or not and until the judge decides no secondary evidence can be put in.  

Documentary Evidence - It means all documents produced for the inspection of the court. The
contents of a document may be proved by primary evidence or secondary evidence as the case may
be. Documents will include any matter expressed or described upon any substance by means of
letters, figures or marks, or by more than one of those means intended to be used, which may be
used, for the purpose of recording that matter. 

Conclusive Evidence - Where no party is permitted to contradict that piece of evidence. It usually
originates from a rule of law. For example, an infant is incapable of committing a criminal offence.
Thus, conclusive evidence is absolute evidence of a fact for all purposes for which it is introduced in
evidence.

Oral Evidence - It is the evidence of fact brought to the knowledge of the court by verbal statements
of a witness. It is also referred to as parole evidence and it is confined to words spoken only. Oral
evidence will only be admissible if the witness has perceived it by one of his senses.

Chapter 7

COLLECTION AND PRESERVATION OF EVIDENCE

The development of physical evidence can be outlined as follows:


1. Recognizing obvious and potential physical evidence.
2. Gathering or collecting the evidence.
3. Correctly marking and packaging evidence.
4. Preventing contamination or alteration of the evidence.
5. Maintaining the continuity of the custodial chain.

(Failure to observe anyone of these steps may ruin your investigation or render any Laboratory
findings useless.)

Photographs - Any necessary photographs should be taken prior to removal of possible evidence.
Photographs must accurately reflect the scene or specific evidence.
Marking Evidence - If an object can be marked, by all means mark it; and when its size permits, mark
it in such a way that it becomes unique to the particular case. As an example, your initials, serial
number that can easily be written on a hand-rolled cigarette with a fiber or ball point pen.

Marking containers - Appropriate containers ranging from large plastic bags to small pill vials and
coin envelopes should be chosen for the packaging of any physical evidence collected. The
containers must not allow loss or contamination of the evidence. Once the evidence is in a suitable
container, it should be sealed and the seal initialed and dated. The information written on the
envelope or container should include:
Date and time collected
Location found
Suspect's name
Officer's name and Signature
Disposition of the evidence
Date and time of transfer

(Multiple items should be itemized and the item numbers placed on the envelope or container.)

Photography/Preservation of Evidence:
i. Overall photos should be taken from several different locations;
ii. If an interior scene, a wide angle lens should be used;
iii. Photograph the surrounding area thoroughly.
iv. Evidence, whenever possible, will be photographed as it is found in its location.
v. Images should include some form of scale in the photograph.

vi. Photographs may also be used to show the relationship of the evidence within the entire scene.
vii. Note the lighting available and weather conditions.
viii. Provide a log indicating the chronological order in which the photographs were taken and note
such things as: date and time, name of photographer, case number, location of where photo was
taken, and general description of the photographs’ contents.

Marking/Labeling/Sealing of Physical Evidence:

- In many instances, marking and labeling of evidence may represent a single process. In
those instances where the evidence is of such a large size or nature, complete identifying
date may be recorded, directly on the evidence. This will include the officer’s name, date,
time, and location of recovery, item number and case number.

- In other instances, the small size or nature of the item collected will not permit that
complete information to be noted directly on the item. In these instances, the container
or attached tag/bag should be marked.
- All officers/crime scene technician should establish the habit of marking similar items in
the same location, for example, on the trouser band, or under the right front pocket of the
trousers, or on the right-hand side of the handgun. This will save time and embarrassment
in looking for the identifying marks when asked to identify the evidence on the witness
stand.

- Instruments which may be used for marking physical evidence include permanent markers
(felt tip pens), scribes or, where labels are used, ball point pens.

- The officer collecting the evidence will be the person responsible for marking or labeling
the item at the time it first comes into custody.

- Items that can be marked should be packaged or placed in an appropriate container and
sealed. Items than cannot be marked should also be placed in an appropriate container,
sealed and additionally described for identification. All items should be marked when
possible.

- Officers shall wear latex gloves when collecting evidence by hand. The officer should avoid
touching the item of evidence with his bare hands or anything that might contaminate the
evidence. The use of tongs or tweezers may assist the officer in some situations.

Proper Order of Collection:


a. The officer should collect perishable evidence first.
b. If destruction of evidence is not a concern, then the officer should work his way through the
scene, collecting in a logical sequence, trying to avoid disruption of other types of evidence.

All items of evidence that are collected by the officer processing the crime scene will be listed.
For each item listed, the following information will be noted:
i. The source (from whom or location in which the item was obtained).
ii. The name of the person collecting the item.
iii. The date and time the item was collected.

All items packaged for submission to the forensic laboratory will have a red evidence label
placed on the seal of the specific container (envelope, box flap, etc.) Officer/investigator will
place his initials over the red evidence label which ensures laboratory personnel that the item
has not been tampered with in any way.

Chain of Custody/Evidence:

-The chain of custody is a system of accountability. Officers must be able to account for evidence
from the time it is located it until it is presented in court so the officer can testify that it has not
been tampered with or changed in any way.
-The chain of custody is best maintained by limiting control to as few persons as necessary and
by documenting each link in the chain.

Chapter 8

Processing the Scene

(Crime Scene Investigation )

-Crime scene processing is a task associated with criminal investigations.


-The purpose of crime scene investigations is to recover physical evidence and document all the
information related to the crime scene processing.
-Through the provision of objective data, crime scene processing allows the crime scene
technician to test investigative theories and corroborate testimonial evidence in court.
-Ultimately, a crime scene investigation can be described as the search for the truth.

The definition of evidence is “anything that tends to prove or disprove a fact in contention.”
There are two types of evidence: testimonial and physical.

-Testimonial evidence is information obtained through oral statements of suspects, victims, and
witnesses.
-Physical evidence pertains to the broad category of material objects through which the crime
was committed. Physical evidence may manifest itself in what are known as different effects. We
can classify the effects as the following:
Predictable effects: These are changes to the scene or to the evidence that
happen in a regular way; for example, the succession of different insects into a dead body
(entomology), the changes in rigidness of a corpse (rigor or livor mortis), and the change of
temperature of a body after death (to determine the time of death).

Unpredictable effects: These are changes that occur in the crime scene in an
unexpected way; for example, the disturbance produced to the crime scene by the actions of
the emergency team, firemen, or just by the entry of the police.

Transitory effects: These include changes that are fragile and will be destroyed
by time or the environment. These effects must be recorded immediately after entering into the
crime scene. Examples of transitory effects would be a cigarette burning, chemical or cologne
odors, etc.

Relational details: This is evidence that enables an investigator to physically connect different
items to the scene. For example, bloodstain void patterns can indicate the location or position of
a body, gunshot wounds and/or a cluster of shells can indicate a gun was used, etc.
Functional details: This refers to the operating condition of items relevant to the scene (i.e.,
what was possible or impossible for that item to accomplish). An example of a functional detail
would be a gun operating in a normal fashion or a clock alarm set for a specific time.

When we are searching for physical evidence there are three questions that we need to
formulate:
1. What is it and what function did it have in the scene?
2. What is the relationship between it and any other items of evidence and to the whole scene
itself?
3. What information does it give us about timing and sequencing aspects?

Processing a crime scene is not a trivial task for a technician. Crime scene processors are not
merely “trash collectors.”
There are critical features that a technician should possess to accomplish the objectives of the
crime scene processing.
To understand the interpretive value of evidence, we need to consider the evidence linkage
triangle. Three entities are involved: the scene, the suspect(s), and the victim(s). Functionally, it
is the interpretation of the physical evidence that may connect these three entities.

There are critical features that a technician should possess to accomplish the objectives of crime
scene processing.

1) Knowledge:
It is critical that the technician understand what he or she is looking for; he or she must
seek the interpretive value of the evidence.

2) Skills and Tools:

The technician must be very competent with all the equipment required to process and
document the scene. He or she must be very familiar with the use of the camera equipment.
During the processing is not a good time to start reading the manual about how to use the
camera.

3) A methodological approach:
The technician must use a method that is all encompassing and purposely regular.

4) Flexibility:
Every crime scene is unique. This is why a technician needs to maintain the flexibility to
use a different approach for each crime scene depending on the conditions and the type of
crime. This is critical, for example, in the case of finding fragile evidence.

5) A coordinated effort:
The technician must have knowledge of the responsibility of each member of the team.

There are certain issues related to the integrity of the crime scene that need to be considered
when a scene is going to be processed:

• Addition of material to the scene


• Destruction of material at the scene
• Movement of material at the scene

Goals and Objectives of Processing the Scene

Crime scene investigation is the process by which investigators seek to answer basic
questions, including the following:
What happened?
Did all events of the crime occur within the scene?
Who was at the scene?
When was the crime scene created?
How was the crime scene created?

Crime scene investigators establish the facts by being objective and pursuing the truth. The goal
of processing the scene is to collect the maximum amount of information while minimizing
disturbance. Investigators use six steps to achieve this:

1) Assessment is conducted before any other actions are performed and is an ongoing process
throughout the crime scene investigation. The scene is initially assessed to determine its
size, complexity, personnel requirements, and security risks.
2) Observation is also an ongoing process throughout the investigation.
3) Documentation of the scene is the recording of the investigator’s observations. It includes
photography, video recording, notes, case reports, sketches, and mapping.
4) Systematic searches are conducted to locate and collect physical evidence. The search
begins with a minimally intrusive visual search and uses progressively intrusive search
techniques as the investigation continues.
5) Once the search is conducted and physical evidence is located, the collection of the
physical evidence is performed by a variety of methods.

6) The collected physical evidence is submitted to the appropriate laboratory to be analyzed


and interpreted for its significance to the case.

Chapter 9
CRIME SCENE INVESTIGATION

What is CRIME SCENE INVESTIGATION?


is multidisciplinary and involves a systematic search of the crime scene; meticulous
observation and documentation of the scene; photography and sketching of the scene; the
identification, processing and collection of physical evidence such as fingerprints, footwear
impressions, hair, fibers.

Purpose of Crime Scene Investigation

is to help establish what happened (crime scene reconstruction) and to identify the
responsible person. This is done by carefully documenting the conditions at a crime scene
and recognizing all relevant physical evidence. The ability to recognize and properly collect
physical evidence is oftentimes critical to both solving and prosecuting violent crimes.  

Methods of Crime Scene Search

Line (strip) method - -Large outdoor crime scenes


-Members line up (arms length) and walk a straight path

Grid Search - Large outdoor crime scenes


-Searchers follow the first line pattern then searchers realign and continue going the other
way (vertical/horizontal)
Zone/ Quadrant method - Crime scenes with definable zones (houses, buildings)
-Teams are assigned small groups and other appropriate search methods are applied

Spiral Method - Crime scenes with no physical barriers (bodies of water)


-Can be an outward or inward spiral.

Wheel/Ray Method - Small, circular crime scenes


-Start along a critical point and move along straight lines from this point
Link Method - Has no set pattern
-Investigators proceed with a more logical approach to connect or link evidence together
-Works with small, large, indoor, and outdoor crime scenes.

Chapter 10

General Crime Scene Procedures

Introduction

Crime scene searches and evidence collection are the backbone of criminal investigation. If the
crime scene boundaries are not adequately identified, with an appropriate search and systematic
identification and collection of evidence to follow, then cases may not be prosecutable.

Crime scenes are sources of evidence, and therefore must be painstakingly examined for both visible
and latent evidence. Searches may vary by type of crime, geography, human resources, and
availability of equipment.
Purpose of a Crime Scene Search
is to develop associative evidence that could link a suspect to the scene or a victim, and to answer
questions crucial to the investigation, such as who perpetrated the crime, how the crime was
committed, the circumstances surrounding the commission of the crime, and why the crime was
committed.

First Responding Officers


-The first responders at a crime scene are usually police officers, fire department personnel or
emergency medical personnel. They are the only people who view the crime scene in it original
condition. Their actions at the crime scene provide the basis for the successful and unsuccessful
resolution of the investigation.
-They must perform their duties and remember that they begin the process that links victims to
suspects to crime scenes and must never destroy the links. The first responders must always
maintain an open and objective mind when approaching a crime scene. Upon arrival, safety is a
primary concern. When the scene and the victim are safe, the first responders must initiate crime
scene security measures.

The duties of a first responder are to:


-Assist the victim
-Search for and arrest the suspect if still on the scene.
-Detain all witnesses because they possess valuable information about the crime scene. Keep
witnesses separated to preserve their objectivity.
-Protect the crime scene
-Note and communicate to crime scene investigators all movements and alterations made to the
crime scene.

Crime Scene Survey


When the crime scene investigator has arrived at the crime scene and scene security has been
evaluated, the preliminary scene survey or "walk-through" should be done.

Crime Scene Documentation


-After a crime scene has been evaluated by a preliminary scene survey, the crime scene's condition
must be documented.
-Documentation is the most important step in the processing of the crime scene. The purpose of
documentation is to permanently record the condition of the crime scene and its physical evidence.
It is the most time-consuming activity at the scene and requires the investigator to remain organized
and systematic throughout the process.

Videotaping the Crime Scene


-Videotaping a crime scene has become a routine documentation procedure.
-Videography of the crime scene should follow the scene survey. The videotaping of crime scenes is
an orientation format. The operator should remain objective in recording the crime scene.
-It is a valuable tool that allows clear perception that is often not possible with the other
documentation tasks.

Photographing the Crime Scene

This provide a true and accurate pictorial record of the crime scene and physical evidence is present.
It provides investigators and others with a record that can be analyzed or examined subsequent to
the scene and serves as a permanent record for legal concerns.

-It is normally done following the videography of the scene.


Sketching the Crime Scene

The final task in documentation is sketching. It is the measurement or correct perspective to the
overall scene and the relevant physical evidence identified within the scene. Sketching is not
difficult, but it requires some organization and planning by the investigator in order to assure
accurate sketch results.

Two basic types of sketches

1. Rough sketches - a preliminary sketch of a design or picture


2. Finished or Final Sketches - is a finished rendition of the rough sketch. They are usually prepared
for courtroom presentation and often will not show all measurements and distances originally
recorded on the rough sketch. Only significant items and structures are typically present within
a final sketch.

Crime Scene Reconstruction

The process of determining and eliminating the events that occurred at the crime scene by analysis of
the crime scene appearance, the locations and the positions of the physical evidence and forensic
laboratory examination of the physical evidence.

Nature of Reconstruction

It is based on the scientific experimentation and experience of the investigator. Its steps and stages
follows basic scientific principles , theory formulation , and logical methodology.

Kinds of reconstruction of crime

1. Specific Incident Reconstruction (Traffic Accident, Homicide, Bombing, etc.).


2. Specific Event Reconstruction (Sequence, Direction, Condition, Relation, Identity).
3. Specific Physical Evidence Reconstruction (Firearms, Blood, Glass etc.).

Physical Evidence -any object or item that establishes that a crime has been committed or establishes a
link between a crime and its perpetrator or crime and its victim. Examples of physical evidence include  a
document, a hair, fibers, fingerprints, soil, and blood.

Examples of Physical Evidences

- firearms and fired ammunition,


- fingerprints,
- toolmarks, tire tracks, and footwear impressions,
- hairs, fibers, glass, paint, and other trace evidence.

Chapter 11

Search Warrant and warrant of Arrest

Search warrant 
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers
to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any
evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.

Who may issue a search warrant.

(a) A search warrant valid throughout the State may be issued by


: (1) A Justice of the Supreme Court.
(2) A judge of the Court of Appeals.
(3) A judge of the superior court.

(b) Other search warrants may be issued by:


(1) A judge of the district court as provided by law
(2) A clerk as provided by law
(3) A magistrate as provided by law

Contents of the application for a search warrant.

 The name and title of the applicant; and


 A statement that there is probable cause to believe that items subject to seizure may be
found in or upon a designated or described place, vehicle, or person; and
 Allegations of fact supporting the statement. The statements must be supported by one or
more affidavits particularly setting forth the facts and circumstances establishing probable
cause to believe that the items are in the places or in the possession of the individuals to be
searched.
 A request that the court issue a search warrant directing a search for and the seizure of the
items in question.

Basis for issuance of a search warrant; duty of the issuing official.


(a) Before acting on the application, the issuing official may examine on oath the applicant or any other
person who may possess pertinent information.
The information must be shown by one or more of the following:

(1) Affidavit; or
(2) Oral testimony under oath or affirmation before the issuing official; or
(3) Oral testimony under oath or affirmation presented by a sworn law enforcement officer to the
issuing official by means of an audio and video transmission in which both parties can see and hear each
other

(b) If the issuing official finds that the application meets the requirements of this Article.

Form and content of the search warrant.

 The name and signature of the issuing official with the time and date of issuance above his
signature; and
 The name of a specific officer or the classification of officers to whom the warrant is addressed;
and
 The names of the applicant and of all persons whose affidavits or testimony were given in
support of the application; and
 A designation sufficient to establish with reasonable certainty the premises, vehicles, or persons
to be searched; and
 A description or a designation of the items constituting the object of the search and authorized
to be seized.

Who may execute a search warrant


A search warrant may be executed by any law-enforcement officer acting within his territorial
jurisdiction, whose investigative authority encompasses the crime or crimes involved.

Time of execution of a search warrant


A search warrant must be executed within 48 hours from the time of issuance. Any warrant not
executed within that time limit is void and must be marked "not executed" and returned without
unnecessary delay to the clerk of the issuing court.
Time of making arrest.
(Daytime only)

Warrant of Arrest

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

Arrest; how made.

An arrest is made by an actual restraint of a person to be arrested, or by his submission to the 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
subject to a greater restraint than is necessary for his detention.)

Duty of arresting officer.


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

Execution of warrant

The head of the office to whom the warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of
the period, the officer to whom it was assigned for execution shall make a report to the judge who
issued the warrant. In case of his failure to execute the warrant, he shall state the reasons therefore.

Arrest without warrant; when lawful

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
(b) 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;
and
(c) 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.

Time of making arrest

An arrest may be made on any day and at any time of the day or night.

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