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Module 3 Fundamentals of Investigation and Intelligence

OBE-Based

Fundamentals of
Investigation and
Intelligence

A Course Module for Students

Burauen Community College

For Internal Use Only


Fundamentals of Investigation and Intelligence
A Course Module for Students

Burauen Community College

Prepared by
Cheron O. Reyes, RCrim, MSCJ, CCS
Burauen, Leyte
cheronreyes@gmail.com

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BCC VISION
Burauen Community College shall emerge as the
premier local public educational institution in
Eastern Visayas which is responsive to the needs of
the community, and develops students to meet the
economic, social, and environmental challenges as
active participants in shaping the world of the
future.

BCC MISSION
Burauen Community College offers holistic and
outcomes-based experiential learning to develop
the youth to be responsible individuals with
integrity and service as agents of equality. It will
serve as a venue for the development of individuals
in the areas of academics, research, community
extension, and innovative technology.

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Fundamentals of Investigation and Intelligence
A Course Module for Students

Burauen Community College

Printed in Burauen, Leyte

© 2021

ALL RIGHTS RESERVED. No part of this publication All rights are


reserved. No part of this publication may be reproduced, stored in a
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For students who want to purchase additional copies of this module, you may
send your request to locallcollegebcc@gmail.com or you may visit the institution
for an in-person request.

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TABLE OF CONTENTS

Vision and Mission iii


Table of Contents v
Preface vi
PRELIM

Module ARREST 2
2

Unit 1 Definition of Arrest 4


General Guidelines 4
Unit 2 Warrant of Arrest 5
Concept of Warrant of Arrest 5
Definition of Warrant of Arrest 6
Probable Cause 6
Period of Warrant of Arrest 7
Duties of an Arresting Officer 8
Unit 3 Warrantless Arrest 10
Visit of Relatives 12
Learning Activity 1 13
Learning Activity 2 14
Assessment 15
References 16
Module SEARCH AND SEIZURE 17
3

Unit 1 Search Warrant 18


Requisites for the issuance of Search Warrant 18
Where to apply for the Search Warrant 19
Validity of Search Warrant 20
Unit 2 Forms of Search Warrant 20
Application for Search Warrant 21
Unit 3 Valid Search and Seizure without Search Warrant 22
The Exclusionary Rule 25
The Inevitable Discovery Exception 26
The Good Faith Exception 26
Learning Activity 1 27
Learning Activity 2 28
References 28

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Preface

Criminal investigation plays an integral part on law enforcement.


It is an indispensable method by law enforcers in their attempt to seek
out truth surrounding a particular crime. For centuries, it has been
instrumental in delivering justice to those who have fallen prey to the
vicious effects of various criminal activities. As such, this course will
provide an avenue to criminology students, who are aspiring future
law enforcers, to acquire know-how on the basic concepts of criminal
investigation and in conducting basic surveillance. Also, it will help
them prepare in actual investigative works.

All throughout, this course deals with topics on introduction to


criminal investigation including its general history, contemporary, basic
and key principles with emphasis on the difference between interview
and interrogation. Included also are topics on the fundamentals of
arrest, search, seizure and raid operations. To supplement, discussions
on the different classifications of evidence and proper methods of
collecting, marking, tagging and preserving of such is also provided as
well as the various concepts in criminal identification. There are also
discussions regarding proper management of crime scene, how to
conduct crime scene search and different ways in crafting a crime
scene sketch. Lastly, discussion on basic surveillance and concepts of
intelligence has been added since these topics are of essence
specifically in the conduct of criminal investigation.

At the end of the course, the students will be able to conduct a


simulation of crime scene processing while properly observing the
guidelines on collecting, tagging, marking and preservation of evidence
through simulation exercises at home. The students, through
simulation exercise also, will have to apply their knowledge on the
basics of arrest, search and seizure.
MIDTERM:
Arrest, Search and Seizure, Evidence
4 Evidence

CONTENTS
OBJECTIVES
UNIT I At the end of the module, the learning
 DEFINITION OF objectives will be attained by the BCC 2nd
ARREST year students taking up Fundamentals of
UNIT II Investigation and Intelligence with 75%
 WARRANT OF success:
ARREST 1. Define and discuss evidence and its
UNIT III relevance to criminal investigation.
 WARANTLESS 2. Identify and analyze different types of
ARREST evidence.
3. Identify and explain various methods
OUTCOMES in collecting, marking, tagging and
LO5. Manifest critical preserving evidence.
analysis on the various Create a scenario depicting the proper
types of criminal collection and marking/tagging of various
evidence, its physical evidence.
importance, and proper
preservation and
disposition of such from
collection until court
presentation.

LO6.Propose
recommendations/soluti
ons to present day
criminal justice issues
based on their own
appreciation and
understanding of such
issues, and their
anticipation of future
scenarios.

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UNIT 1. Criminal ascertain whether there exists a probable
Investigation and cause or not. It is the prosecutor’s job to
Evidence appraise every piece of evidence presented
As discussed to him by an investigator before
in the previous recommending whether a case must be filed
module, criminal or not.
investigation is an According to Dutelle & Becker (2019),
inquiry that police and prosecutor differ in the legal
attempts to criteria they use in carrying out their duties.
determine the Hence, investigators must be adept and
truth over a have full appreciation of the prosecutor’s
particular event by concept of justice. Needless to say,
determining what investigators should do their jobs behind
occurred and the lens of a prosecutor. This also entails
whether or not that an investigator should be familiar with
such events were the style of the prosecutor whom he is
criminal in nature. currently working with or those he have
In doing so, worked with. However, this does not
investigators tantamount to the idea that investigators
gather evidence must restrict themselves in conducting their
which will then investigation especially when collecting
prove that there is evidence.
a probable cause Accordingly, all crime scenes contain
that a crime has, physical evidence. The difficult task is to
in fact, been determine what is considered evidence and
committed. Thus, what is not. But investigators must not
it is imperative restrict themselves in collecting voluminous
that the amount of evidence for it is better to
investigator has an process too much evidence than too little.
in-depth Also, the variety of things that can be used
knowledge about as evidence is only limited by the facts of
evidence and what the case. An investigator may, in his
needs to be done discretion, gather much evidence provided
to ensure its it is relevant and has probative value to the
admissibility or case being investigated.
else, every effort Also, the investigator must know what
exerted will render evidence is required to determine the issue
futile. This may of guilt; whether such evidence indicates or
seem easy but fails to indicate guilt; and, when guilt is
take note that apparent, whether such evidence is likely to
investigators are prove guilt beyond reasonable doubt. The
not the ones who

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success of an Evidence: Definition and Types
investigation
depends on the Definition
evidence collected
and its legal According to the Rules on Evidence,
significance evidence is the means, sanctioned by these
(Dutelle & Becker, rules, of ascertaining in a judicial
2019). proceeding the truth respecting a matter of
Investigators fact.
should be Evidence has also been defined as the
cognizant also of means employed for the purpose of proving
the fact that each an unknown or disputed fact. Every
crime has its own determination of the judgment, whatever its
set of evidence subject maybe, is the result of evidence.
parameters that Evidence is any information upon which a
aids in person can base a decision. For example,
distinguishing before a used motorcycle is purchased, the
evidence from dealer is questioned as to the condition of
non-evidence the motorcycle, and, in some instances, the
(Dutelle & Becker, motorcycle is taken to a mechanic for
2019). Bear in inspection. All of this information, or
mind that what is evidence, is then considered before a
considered decision is reached as to whether the
essential evidence purchase will be made or not.
for the crime of
rape may not be Types
considered as such
for the crime of Evidence is generally categorized
murder. The two as one of three types: testimonial,
have entirely documentary, and physical.
different sphere Testimonial evidence is information
obtained through interviewing and
that clearly
interrogating individuals about what
distinguish one
they saw, heard, or know. Testimonial
from another
evidence also includes the testimony of a
hence, requires
physician who may be commanded to
separate and
appear before the court as an ordinary
specific set of
witness and/or as an expert witness.
evidence.
Ordinary witness is any person who
perceived the commission of a crime and
testified before the court.
Also, a physician who testified in court on
matter he/she perceived in the course of

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physician-patient inadmissible as evidence, there are few
relationship is exceptions to it and an expert’s opinion is
considered as an considered as one. This is done so as to
ordinary witness. shed light on matters where the knowledge
Under Sec. 30, of the judge and legal counsels are limited.
Rule 130, Rules of Documentary evidence consists of
Court, a witness writings, recordings, photographs or
can testify only to any material containing letters,
those facts which words, sounds, numbers, figures, symbols,
he/she knows of or their equivalent, or other modes of
his/her own written expression offered as proof of their
perception, except contents. Photographs include still pictures,
as otherwise drawings, stored images, x-ray films,
provided on this motion pictures or videos (Rules on
rule. Evidence, 2019). Writings on the wall is also
Expert witness,
considered documentary evidence.
on the other hand,
is a person whose However, due to its nature, a wall cannot
testimony be brought before the court and as such,
concerning the the need for documentation or
investigation of a photography. Vicente, et al. (2016) posited
crime that they may be collected through
is based on his/her voluntary relinquishment or by a subpoena
training and duces tecum (court order) which compels
experience. For the party to bring the records to the court.
example, a The following are some examples of
physician who documentary evidence:
confirmed before a. Medical Certification or Report on:
the court the
a.1. Medical Examination
cause of death of
a.2. Physical Examination
the victim is
considered as an a.3. Necropsy (Autopsy)
expert witness. A a.4. Laboratory
document a.5. Exhumation
examiner and a.6. Birth
other forensic
a.7. Death
scientists are also
b. Medical Expert Opinion
considered expert
c. Deposition. A deposition is a written
witnesses. Their
record of evidence given orally and
account is called
transcribed in writing in the form of
expert’s
questions by the investigator and the
opinion. While it
answer of the deponent and signed by the
is true that latter (Vicente, 2016).
opinion is
Lastly, physical evidence (also

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known as statements from witnesses to or victims of
object, a crime. Convictions are not achieved from
autoptic, or statements, admissions, or confessions
real alone. A crime must be proven by physical
evidence) is investigation and physical evidence.
anything
real—that is, Illustrative Example: In a small town
which has in Samar, a six-year old girl and her
substance—that parents told police the girl had been
helps establish the sexually molested. The girl told police that a
facts of a case. It man had taken her to a remote area, had
can be seen, shown her some “naughty” pictures that he
touched, smelled, burned, and had then molested her.
or tasted; is solid, Because it was difficult for the police to rely
semisolid, or on the girl’s statement, they needed
liquid; and can be physical evidence to corroborate her story.
large or tiny. It Fortunately, the girl remembered where the
may be at an man had taken her and led the police there.
immediate crime They found remains of the burned pictures
scene or miles and confiscated them as evidence. The
away; it may also remains of one picture, showing the suspect
be on a suspect or with a naked young girl on his lap, were
a victim. They are sufficient to identify him by the rings on his
commonly fingers. This physical evidence supporting
obtained through the girl’s testimony resulted in a charge in
searches at the violation of R.A. 7610 (Special Protection of
scene of the Children Against Child Abuse, Exploitation
crime. and Discrimination).
According to
Hess, Orthman &
Cho (2017), some
evidence ties one Direct and Indirect Evidence
crime to a similar Physical evidence can be classified in
crime or connects different ways. One common classification is
one suspect with direct and indirect evidence. Direct
another. Evidence evidence establishes a proof of a fact
can also provide without any other evidence. For example, a
new leads when a CCTV footage showing clearly how A killed
B.
case appears to be
Indirect evidence merely tends to
unsolvable.
incriminate a person—for instance, a
Further, evidence suspect’s footprints found at the
corroborates crime scene. Although the footprints do not

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directly prove the another, there will be a cross-transfer of
suspect committed material. This theory is the underlying
the crime at issue, premise behind the documentation,
the prints do place collection, preservation, and identification of
the suspect at the trace evidence. While the types are
scene of the limitless, the term trace evidence typically
crime. If the refers to any evidence that is small in size,
suspect states that such as hairs, fibers, paint, glass, and soil,
he or she was which would require microscopic analysis in
never at the order to identify it. The purpose of
scene, that microscopic analysis is to determine
statement will whether or not an association between
prove to be untrue persons, places, and things can be
based on the
established, and the subsequent strength of
indirect evidence.
such an association. This association would
This helps build a
be as a result of associative evidence.
case against the
Associative evidence is evidence that can
suspect and
contributes to be attributed to, or associated with a
convictions based particular person, place, or thing, thus
on circumstantial establishing inferred connectivity. In other
evidence. Indirect words, these are pieces of physical evidence
evidence is also which link a person to a crime. Associative
called evidence includes fingerprints, footprints,
circumstantial bloodstains, hairs, and fibers.
evidence, or Tracing evidence, on the other
evidence from hand, is evidence that may assist the
which inferences investigator in locating the suspect. Aircraft
are drawn (Hess, or ship manifest and or blood stains
Orthman & Cho, recovered from the area traversed by the
2017). wounded suspect that infer direction of the
Connection movement are examples of tracing evidence
of an object or (Vicente, et. al., 2016). Evidence
person to a established by law is called prima facie
specific location or evidence. For example, 0.8% ethanol in
item is often the blood is direct or prima facie evidence
paramount to of intoxication in some states in America.
establishing the Another instance is the mere possession of
guilt or innocence. a drug paraphernalia which
Locard’s is considered a prima facie evidence of drug
Exchange use as provided in Republic Act 9165
Principle states (Comprehensive Dangerous Drugs Act of
that whenever two 2002).
objects come into
contact with one

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Corpus Collecting, Marking, Tagging, and
delicti Preserving Evidence
evidence
establishes In the process of investigation, the
that a crime responding team members should be
has been knowledgeable on the proper actions to be
committed. done on specific kinds of evidence found in
Contrary to the scene of the crime. To give you some
popular information on the proper methods, the
belief, the following must be observed:
A. Collecting Physical Evidence
corpus delicti 1. Blood. This becomes important
(body of the evidence in homicide, assaults, robberies
crime) in a murder or other cases where it may be spilled.
case is not the Blood may be categorized into major
dead body but the groups of A, B, AB, and O depending on
fact that death the condition of the stain on receipt.
resulted from a Collection of liquid blood
criminal act (Hess, a. Use clean, disposable pipette or
Orthman & Cho, eyedropper for each sample collected.
2017). The death b. Place the sample in a container,
could have been a avoiding air space because air will
result of another cause the blood to dry.
factor which is not c. If the amount of blood is minimal,
criminal in nature. collection may best be made by placing the
The person could sample in a normal saline solution (1
have died of tablespoon salt in 1 quart of distilled
tuberculosis. Note water).
that what is being d. Refrigerate sample in saline solution
considered is the as soon as possible.
proximate cause of e. Do not mix areas where samples are
death. Corpus collected.
delicti evidence f. Above all, avoid contaminating the
supports the samples by re-using collection tools.
elements of the Collection of dried blood
crime. Pry marks a. On absorbent surfaces, bring in the
on an entry door entire object or cut out the stained
are corpus delicti area and bring to the laboratory.
evidence in a b. On non-absorbent surfaces, scrape
burglary. up the sample and place it in a container,
or if possible submit the entire article.
c. If sample is scraped from a surface,
also scrape a portion of the surface where

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no blood is is often found on the clothing of the victim
present and and suspect who has come into physical
submit it in a contact with each other. It can be very
separate important evidence especially in rape cases.
container for In most cases, there are rarely enough
control in case samples present for positive identification
some substance of an individual. However, it can be
on the surface determined if the hair is of animal or
causes difficulty human, whether the hair is dyed or
in tests. bleached, if the hair is from head or body
as well as the racial origin of the hair.
Collection
of wet
blood on
Collection of hair
clothing
a. Do not fold a. Take sample of head hair from the
the clothing top, the back and each side of the
as it may head.
destroy the b. Take by combing, pulling or cutting
stain close to it.
pattern. c. Take at least dozen hairs from each
b. Do not location. In rape cases, take two samples
package from both the victims and the suspect. The
while the first is taken by combing, and the second
stain is still is by cutting and pulling.
wet. d. Each of these samples should be
c. Allow the collected in separate containers and
properly labelled.
clothing to
e. Identify hair carefully as to exact
dry in a
room before location found.
packaging. f. Do not mix hair found in several
d. Do not locations.
expose to g. Place the hair in folded paper and put
sunlight or high it in an envelope in glass vial and
temperature, as seal.
they may destroy h. Do not tape the hair to an object as it
factors which will will alter the hair and destroys any
determine blood debris adhering to it.
typing.
3. Fingernail Scraping. In cases
2. Hair. This may be where physical contact had been made,
found anywhere in fingernail scraping should be obtained.
the crime scene. It

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Rape cases or should be obtained from both the
assault cases are victim and the suspect.
good examples of e. If the subject’s hand is contaminated
cases where with blood, note this on the container.
fingernails
scrapings may be 4. Fiber. This
is an excellent trace
important. Items evidence when clothing cross
sometimes found contamination takes place. This is also
under fingernails important evidence in robbery and hit and
include fibers, run cases. Fiber may be found on clothing
hair, and skin. snagged on projections, and even
imbedded with vehicle paint. Examination
Collection of fiber determines whether it is a natural
or a synthetic material, and the color and
of
dye used. It may be physically matched if
fingernail the fragment was torn from clothing.
a. Clean under Threads may be examined to determine
each twist, number of strands and cloth weave.
fingernail
with a clean
fingernail Collection of fiber
file. a. Treat and package fibers in the same
b. Place the manner as hair.
scraping b. Be extremely careful not to cross
from each contaminate during the collection
finger on process.
already c. Collect the clothing which is
labelled considered to be the source of the
paper with fibers.
notation of d. Do not shake the items as this may
which finger dislodge the fibers.
it came e. Collected fibers should be placed in an
from. envelope.
c. Place the
scrapings 5. Glass.
This can be important
from each evidence in robberies and hit and run
finger in a cases. It may be found as trace evidence
separate in clothing and shoes. Glass is usually
envelope or examined to determine if both the
glass vial. evidence sample and the known standard
d. Fingernail has the same physical properties and trace
scrapings elements as impurities. Additional

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examinations can 6. Firearm. The firearm, bullet,
be made to shotgun shell, shotgun pellet and wad,
determine from explosive residue and gun powder pattern
which side force can provide vital evidence and specific
was applied. answers to possible questions in the case.
Glass, broken by Collection of firearm
fire shows a a. Firearm must be handled carefully,
different pattern not only as a safety measure, but to avoid
because the disturbing any evidence they may provide.
breaking is b. They must be properly marked for
induced by later identification.
differences in c. Never insert anything in the barrel as
expansion of it may damage the identifying
glass. Physical characteristics and dislodge material which
match of glass may be inside the barrel.
from the crime d. Pick up the weapon by the trigger
scene to glass guard or checkered grip so as not to
disturb any fingerprints.
found in suspect’s
e. Unload but do not wipe or clean the
possession is a
weapon.
good possibility.
f. When unloading, carefully record the
Collection
location of fired, unfired and misfired
of glass
cartridges.
a. Collect from g. Record the serial number description
each broken of the firearm.
glass at the h. Firearms with no serial number
crime scene. should be marked with initials on the
b. Package receiver or the underside of the barrel.
them i. Never use “X” or other non-individual
individually type of marking.
in glass vials j. Do not mark the weapon on any
or easily removable part such as the
envelopes. stock or grip.
c. In hit and k. Use discretion so as not to disfigure
run cases, collect the weapon (Vicente, et al., 2016).
all broken glasses
to ensure the
possibility of a
physical match, Dont’s in the Collection of Firearm
should fragments Evidence
be found on a. Never submit a loaded gun to the
suspect’s vehicle. Laboratory, unless it is delivered in person.
Unfired cartridges may be left in the

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magazine of a Marking firearms is important since
weapon, provided duplicate serial numbers are sometimes
the magazine is found on different guns of the same make
removed from the and general type. Do not confuse model
gun. A firearm numbers or patent numbers with serial
with the cartridge numbers.
in the chamber e. Place weapons in strong cardboard or
should never be wooden boxes, well packed, to
shipped by any prevent shifting of guns in transit.
method, even if f. Rifles or shotguns should not be taken
the weapon is not apart.
cocked or on g. If blood or any other material which
safety. may pertain to an investigation is present
b. Never clean on the gun, place a clean paper around the
the bore, gun and seal it with tape to prevent
chamber, or movement of the gun and loss of sample
cylinder before during shipment.
h. Never contaminate a gun for the
submitting a
examination of latent fingerprints on
firearm, and it (WPD Investigator’s Handbook).
never attempt to
fire the gun 7. Bullet. This can provide information
before it is about the make and type of ammunition
examined in the and weapon from which the bullet was
Laboratory. fired, and whether or not it was fired from
c. Never pick specific weapon, provided the weapon is
up a weapon
available for test purposes.
by placing a
pencil or Collection of bullet
other object a. Handle the bullet so as not to dislodge
in the end of any extraneous materials or damage
the barrel. the markings.
d. Record b. If a bullet is lodged in wood or similar
serial number, material, cut out the section and
make, model, bring it to the laboratory.
and caliber of the c. In autopsies, request the use of
weapon, and hands or rubber-tipped forceps to minimize
mark it in some the possibility of damage to the bullet.
inconspicuous 8. Wrap each bullet separately in tissue
manner that does in cotton to prevent damage and place in a
not detract from container. Cartridge Case. This can also
its value before provide vital information as to the type of
sending it to the weapon used, the type of ammunition, and
Laboratory.

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whether or not initial are scratched or engraved by the use
the case was of sharp-pointed steel called stylus.
fired in a specific
weapon (if
weapon is
General Rules in Marking Physical
available for fire
testing). Evidence
Collection of a. Mark with initials of recovering officer.
cartridge case b. Never use “X”.
a. Handle c. Record any serial number (if
cartridge applicable) and other distinctive
cases so as mark.
not to add d. Mark the object without damage.
any e. Always mark the container in which
scratches or the object is placed even if object
marks. itself is already marked.
b. Wrap each
one When tags are used, make
separately to
corresponding entry in the tag and
prevent
damage. attach it securely to the object (WPD
c. Be sure to Investigator’s Handbook). Methods of
note specific Marking Specific Evidence
locations in The following pieces of evidence must be
which each marked as follows:
was found 1. Revolvers must be marked
(Vicente et separately on the barrel, frame, butt,
al., 2016). cylinder, and stock. Tape should also be
B. Marking of put around the bore and the frame of the
Physical gun with signature of the investigator.
Evidence 2. Pistols must be marked on the
As evidence barrel, frame, butt, magazine, and stock.
is collected, it is Tape must also be put around the gun with
individually
signature to avoid changing the parts of
marked with the
initials of the the gun that may affect the result of
investigator. The laboratory examination.
marking tool 3. Rifles should be marked on the
depends upon the barrel, frame, magazine, bolt or slide. All
nature of the magazines and accessories shall also be
evidence. If it is a marked.
hard object such 4. Fired Empty Shells, Misfired
as metals, the Cartridges. Strict regulations say that

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they must be (land and groove marks) found in the
marked inside the bullet or slug will not be disturbed because
mouth of fired they are very important for ballistic
empty shells. It is examination (WPD Investigator’s
nearly impossible Handbook).
to mark them Nota Bene: Not all evidence is
inside the mouth suitable for marking. Marking of evidence is
especially .22 required depending on the type of evidence,
caliber shells, but size, and condition of the evidence found at
they could be the crime scene.
marked on the
side of the body C. Tagging Evidence
of the shells, not When evidence which by their nature
on the base. It could not be marked on each surface
should be such as blood, hairs, or fibers, they are
admitted that placed in a plastic container then
there is really the marked. This practice is called tagging
big difference of the physical evidence with the use of a
what is being card where the initials of the
practiced in investigator, date and time of collection,
reality and specific case and other information can
theoretically be written.
written in books. d. Preserving Physical Evidence
The lesson is, for Perishable materials should be
as long as the preserved along the way or the
evidence can be preservation is in order to reach the court in
properly marked the same physical condition as when they
and kept as were collected from the crime scene. This is
evidence. the work of a laboratory technician.
5. Bullets/
Slugs/Balls/
Pellets. This can Preservation of Tool Marks
be marked on the a. Whenever possible, submit the whole
ogive or nose as object containing tool marks to the
well as on the Laboratory instead of just removing the
base. The initial area containing the mark. If this is not
name of the possible, carefully photograph and sketch
investigator and the area containing the mark. Although his
or date should be photograph will not be sufficient to allow
marked on those the laboratory to perform a tool mark
parts so that the comparison with the tool, it will assist the
rifling marks Laboratory to determine how the mark was

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made so that test
marks can be
more easily
Controlled Substances and Medical
made.
b. Casts of Preparations
tool marks can be The Laboratory handles the analysis
made by any of marijuana and other drugs and medicinal
person who has preparations which may be involved in
had considerable criminal cases or found in the possession of
experience in this subjects involved in various crimes. Each
work. Poor casts sample of material recovered should be
are useless for placed in a paper container, which can be
comparison sealed and marked. Be sure to properly seal
purposes and as loose material, particularly in the case of
some marks will marijuana, can leak and spill.
be damaged of
improper
methods are Preservation of Questioned Documents
used.
a. Under no circumstances should
c. Pack the
either the questioned document or the
object containing
exemplars be marked, defaced, or altered.
tools marks so
No new folds should be made, nor should
that no alteration
marks or notes be placed on such material.
or damage will
Personal marks for identification purposes
occur during
should be made as small as possible on the
shipment. Small
back or other area of the document where
objects should be
no handwriting or typewriting is present.
wrapped with
b. Whenever possible, all documents
clean paper and
should be protected by placing them in
placed in
cellophane or plastic envelopes.
envelopes or
boxes, while
Shipment of Evidence
important areas
on larger objects a. Questioned documents may be
can be protected submitted personally or left in previously
with paper. described lockers at the Laboratory
Whole, large entrance.
objects can be b. Such evidence sent to the Laboratory
packed in cartons by mail must be sent by certified or
or crates, if not registered mail. If there is a massive
delivered in amount of material, it may be sent some
person. other way, but the package must always

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be sealed. cases is the prevention of adding
fingerprints to evidence, or of destroying
those already present.
Charred b. Most fingerprints submitted will be
Documents on paper, glass, metal, or other smooth
surfaced objects. If articles containing
Where
latent must be picked up, touch as little as
examination
possible and only in areas least likely to
and
contain identifiable latent, such as rough
decipherment of
surfaces.
charred paper is
c. While gloves or handkerchiefs may
involved, great
be used to pick up such exhibits, any
care must be
unnecessary contact should be avoided.
taken to
Although using a cloth to pick up exhibits
prevent any
prevents leaving additional prints on the
additional
articles, the cloth will frequently wipe off or
crumbling or
smear any prints originally present, unless
breaking apart
great care is taken.
of the burned
d. Large articles containing latent such
material.
Normally, it as glass, metal articles, and firearms
should be should be placed on wood or heavy
placed on top of cardboard and fastened down with string
loose cotton in to prevent shifting and contact with other
a box and objects in transit. Where such evidence is
delivered in to be examined frequently, a pegboard
person to the should be obtained on which wooden pegs
Laboratory. No can be moved as desired to support
matter how it is exhibits and keep them from moving.
packaged, such Bottles and glasses may be placed
material will be vertically on a board and placed in the
damaged if bottom of a box. The base of the bottle or
attempts are glass can be surrounded with nails to hold
made to ship it it in place, and the top can be either
by mail. inserted through a hole in a piece of
cardboard or held in position with a
wooden board nailed to the container’s lid.
Preservation of e. Papers and documents containing
Latent latent prints should be placed individually
Fingerprints in a cellophane or manila envelope. Such a
container can be sandwiched between two
a. The primary sheets of stiff cardboard, wrapped, and
precaution in all

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placed in a box Computer and other Electronic Evidence
for mailing. Computers, cellular phones, and
personal digital assistants may provide a
wealth of information regarding
communications, schedules and criminal
behaviours and
therefore are Chain of Custody is of paramount
potentially importance to any investigation. It is the
valuable sources unbroken sequence of events
of evidence in that is caused by an item of evidence
criminal from the time it is found at the crime scene
investigations. to the time it appears in court. Every link in
Examination of this chain is documented, from discovery at
electronic the crime scene, through evidence
hardware is quite gathering, storage, lab analysis, return to
technical in nature storage, and transfer to court. Every link is
and, if not documented by date, time, handling
properly individual, what was done with the evidence
performed, can by that individual. If chain of custody is
result in lost broken, and if the evidence cannot be
evidence (Dutelle, accounted in one step of its journey from
2014). crime scene to court room, it is rendered
inadmissible; useless to the case (Vicente
Rule on the Chain et al., 2016).
of Custody of
Evidence

Learning Activity 1: Personal Reflection (5 points each)

Answer the following questions below. Accomplish this in at least 5


sentences, maximum of 10 sentences.
1. What is chain of custody? How does it affect the case under
investigation?
2. Why do we need to collect and package biological evidence
such as blood and DNA in a paper bag, envelope and or boxes?
3. When must an evidence be tagged? Explain its importance.
4. Explain the interrelationship between criminal investigation and
evidence.

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Learning Activity 2: Performance Task
Objective: To expose the students on the proper collection and
marking/tagging of various physical evidence.

 Create a short video narrating and presenting the proper


collection and marking/tagging of the following physical
evidence:
o Fiber
o Hair
o Bloodstain (dried blood)—use animal blood only

Assessment

Multiple Choices. Select the best answer which corresponds to the


letter of your answer.

1. It is the means sanctioned by law of ascertaining in a judicial


proceeding the truth respecting a matter of fact.
a. Opinion c. Evidence
b. Real evidence d. Probable cause
2. PSSgt Leonardo D. Pobre is a fingerprint examiner who
testifies in court regarding the fingerprint that he examined.
He is considered as a/an .
a. Ordinary witness c. Physician
b. Medico-legal examiner d. Expert Witness
3. This is an evidence which links the suspect to the crime scene
or offense such as fingerprints and shoe prints.
a. Associative evidence c. Tracing evidence
b. Circumstantial evidence d. Corpus delicti
4. Which of the following best describes corpus delicti?
a. The body of the victim in case of homicide or murder
b. Any recovered weapon, either firearm or bladed weapon
c. The recovered stolen properties in case of theft or robbery
d. Essential parts of the body of the crime or the body of the
crime itself
5. In marking evidence, what is the mark that should not be used
considering that it is a universal marking?
a. X c. I

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b. S d. O
6. Can a blind man be an eyewitness?
a. No c. It depends
b. Yes d. Sometimes
7. This is an evidence that can be addressed to the senses of the
court and capable of being exhibited to be examined or viewed
by the court.
a. Object c. Physical

b. Autoptic d. All of the above


8. It is the most common type of fingerprint found at the crime
scene, which requires additional processing to be rendered
visible and suitable for comparison.
a. Latent prints c. Whorl prints
b. Trace fingerprints d. Loop prints
9. In shooting incidents, always pick up a weapon by placing a
pencil or other object in the end of the barrel. Is this
statement correct?
a. Yes c. It depends
b. No d. Sometimes
10. An evidence which establishes that a crime has been
committed.
a. Trace evidence c. Corpus delicti
evidence
Prima facie evidence d. Physical evidence

References

Books

Dutelle, A. (2014). An introduction to crime scene investigation.


Burlington, MA: Jones and Bartlett Learning, LLC. Dutelle, A. &
Becker, R. (2019). Criminal investigation (5th ed.). Burlington, MA:
Jones and Bartlett Learning, LLC. Hess, K. M., Orthmann, C. H., &
Cho, H. L. (2017). Criminal investigation,11th ed. Boston: Cengage
Learning.

19 Reyes ‖ Fundamentals of Investigation and Intelligence


Vicente, J. B., Eduardo, J. P., Catalino, M. G., Estoque, S. B., &
Vicente, R. M. B. (2016). Fundamentals of criminal
investigation, 2nd ed. Quezon City: Wiseman’s Book Trading,
Inc.

Other Sources
Revised Philippine National
Police Operational
Procedures Revised Rules on
Evidence
The Revised Penal Code of the Philippines

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