Fundamentals

of Criminal
Investigation
Prepared by
JOEMAR R PACLAUNA
MS Crim, Ph D CJ (CAR)
 Criminal Investigation Concept
 Criminal Investigation involves a step-by-step
process of careful examination, recording and
documentation of evidence used in a legal inquiry.

 The word investigate is derived from the latin word
vestigare, which means to track or trace. Several
personalities provide a definition of this word
although explain in different terms but means and
point to the same thing, process and objective.
 Criminal Investigation define
 Is an art which deals with the identity of the
offender and provide evidence of his guilt through
a criminal proceedings. (tradio,2000)

 Isthe process of discovering, collecting, preparing,

identifying and preserving evidence to determine
what happened and who is responsible. (hess,
2010)
 Criminal investigation is a reconstructive process
that uses deductive reasoning, a logical process
in which a conclusion is drawn out from specific
facts.
 The investigator being the main actor in the
process must established proof of a particular
offense using acceptable and legally obtained
evidence.
 Deductive reasoning means a logical process in
which a conclusion follows from specific facts.
(Facts-to-conclusion)
 Example, suspect’s watch located at the scene
of the crime is a proof to support that the
suspect was at the scene.
 Another example is the footage capture by a
CCTV camera is a proof of what happen.
 Function criminal investigation serves two of the
Five basic police objectives are directly related
to the task of crime scene investigation. They are:
1. Crime repression - When crime prevention fails,
the police seek to repress the criminal by actively
investigating crime and bringing the criminal to
justice.
2. Protection of personal liberty - They do this in a
manner that ensures their methods and practices
abide by the constitution and the law.
 Investigators systematically evaluate the
crime scene and all evidence therein
 to identify the persons involved and
 obtained adequate evidence to prove
guilt when the case goes to court.
 This task involves a balance of scientific
knowledge and skills acquired through
experience in order for the investigation
to be successful.
The following Basic functions should be used as
Guide in the conduct of initial investigation;
 Provide emergency assistance
 Secure the scene
 Photograph, videotape and sketch the crime
scene
 Take notes and write reports
 Search for, obtain and process physical
evidence
 Obtain information from witnesses and suspects
 Identify suspects
 Conduct raids, surveillance, stakeouts and
undercover operations
 Testify in court
 Phases of Criminal Investigation
The process of investigation provides
an idea as to the phases or stages in the
conduct of the inquiry to be conducted.
1. the identification of the criminal
2. the tracing, location and arrest of the
criminal
3. the facts or evidence to prove his guilt are
gathered for introduction during the trial
Goals of Criminal Investigation
I. Determination whether the crime
has, in fact been committed.
II. Legally obtain information and
evidence to identify the
responsible person.
III. Arrest the suspect.
IV. Recover stolen property
V. Present the best possible case to
the prosecutor.
Goals of Criminal Investigation
I. Determination whether the crime has, in fact
been committed.
 Does the evidence found at the scene support
a specific offense?
 This involves precise understanding of what crime
means.
 The investigators to be effective in its task must
acquainted with laws and ordinances legislated
in his area of responsibility.
 Laws and ordinances list some specific conditions,
called as elements or requisites of crime, should this
be satisfied in a particular situation it means that a
crime is committed.
Goals of Criminal Investigation
 Legally obtain information and evidence to
identify the responsible person.
 This involves the determining who committed the
offense.
 The methods or manner how offenders perpetrate
crime for some occasions help investigators identify
them as the same person(s) involve in other crimes.
For example the Martilyo gang who uses a
Hammer in the commission of an offense.
 ModusOperandi provided information or clues in
numerous cases as an aid to investigators.
Goals of Criminal Investigation
 Arrest the suspect.
This occurs whenever sufficient evidence is
gathered to identify the perpetrator.

 Recover stolen property

If the perpetrator is identified especially in
property related offenses the next problem the
investigator must be concern with is for the
recovery of the stolen item.
Goals of Criminal Investigation
 Present the best possible case to the prosecutor.
Case preparation should be aim to provide
the best possible evidence in order to proved that
elements of the crime committed is satisfied and
present and secondly, proved that the perpetrator
committed the crime.
Crime
 A crime is the commission or omission of any act,
which is prohibited or required by the penal
code of an organized political state, to which
some punishment or sanction is attached.
 Revised Penal Codes
 Special Laws
 Ordinances
 Classifications of Crimes in the Philippines
I. Felony (dolo or culpa). An act punishable under
the penal law. (Art. 3, RPC)
Felonies are committed not only with
deliberate intent (dolo) but also by means of fault
(culpa)
As a requisite the following has to be considered:
 There must be an act of omission.
 The act or omission must be punishable by
law
 The act or omission must have been
committed with deliberate intent or through
negligence or imprudence.
 Requisites of DOLO (deceit)
 Freedom
 Intelligence
 Intent
NOTE: For a crime to be committed in our laws,
there must be present both mens rea (criminal
intent or guilty mind) and actus reus (criminal or
guilty act)

Actus non facit reum non est mes actus- An act

done against my will is not my act.
Crimes stages of execution (Art. 6, RPC)
 Attempted. When the offender commences the
commission of a felony directly by overt acts, and
DOES NOT perform all the acts of execution which is
necessary to produce the felony as a result by reason
or cause other than his spontaneous desistance.

 Frustrated. When the offender performs all the acts of

execution which would produce the felony as a
result but nevertheless do not produce it by reason of
causes independent on the will of the perpetrator.

 Consummated. When all the elements necessary for

its execution and accomplishment are present.
II. Special Laws (Offense). Are acts
provided under a law specially intended to
prohibit or regulate a particular act.
Example is Republic Act 9165 the
Comprehensive Dangerous Drugs Act of
2002.
III. Ordinances (Infractions). Is an act of the
local legislative body of a municipal, city
or provincial government relative to the
protection of life and property. Examples
are jay walking and littering ordinances.
1. Principals of a crime
a. principal by direct participation
b. principal by inducement
c. principal by indispensable cooperation
2. Accomplices to a crime
A person whose cooperate in the
execution of the offense by the previous or
simultaneous acts

3. Accessories to a crime
A person who having knowledge of
the commission of the crime and without
participated therein, XXX take part in its
commission after.
(Profiting from its proceeds, concealing or
assisting for the escape of the offender)
Criminal Investigator
 Is a person who is in charge with the duty of carrying
out the objectives of investigation.
 Investigators primary job is to discover whether or
not an offense has been committed, determine
what specific offense has been committed, how it
was committed, by whom it was committed and
under certain circumstances, why it was
committed?

Crime Scene Investigator (Criminalists)

 It is a specialist in organized scientific collection and
processing of evidence.
 He develops, processes and packages all physical
evidence found at the scene and transport it to the
lab for forensic evaluation; attends and documents
autopsies; and writes reports and testifies in court
about the evidence.
 Characteristics of an Effective Investigator
I. Intellectual characteristics
 Effective investigators obtain and retain information,
apply technical knowledge; and remain open-
minded, objective and logical.
 They are also culturally-adroit, that is skilled in
interacting across gender, ethnic, generation, social
and political group lines.

II. Psychological Characteristics

 Effective investigators are emotionally well balanced,
detached, inquisitive, suspecting, discerning, self-
discipline and persevering.

III. Physical Characteristics

 Effective investigators are physically fit and have
good vision and hearing.
Primary Job of the Investigator
 To discover whether an offense has been
committed under the law.
 To discover how it was committed?
 Who committed it and by whom it was
committed?
 When it was committed?
 And under certain circumstances why it
was committed?
Objectives of a Crime Scene Investigation
 Reconstruct the incident
 Ascertain the sequence of events
 Determine the mode of operation
 Ascertain motive
 Uncover what property was stolen
 Find out all the persons involve
 Recover physical evidence of the crime
Investigation Process
 Preliminary investigation
The actions taken at the scene of a crime
immediately following its detection and report to
the police
 Receipt of information and initial response
 Emergency care
 Crime scene control
 BOLO alerts (be on look out)
 Crime scene determination
 Evidence
 The report
 Importance of arriving at the scene rapidly:
 The suspect may still be present or near the
scene
 Injured persons may need emergency care
 Witnesses may still be at the scene
 A dying person may have a confession or other
pertinent information to give.
 Weather conditions may change or destroy
evidence
 Someone may attempt to alter the crime scene.
What to do Until the Investigating Personnel
Arrive?
 Write down names of witnesses and other
persons who are known to have entered the
scene. This is an important for the
subsequent sorting of fingerprints and other
evidence at the scene.
 Who was at the scene when the officer
arrived? This information is critically
important if the crime has just occurred.
 Establish the basic facts. This is of great
importance in order to figure out what will
be the next move the investigator will do
and what evidence is needed to establish or
proved what happen.
 Keep suspect and witnesses separated
wherever possible. This will prevent the
testimony or information of both person from
being contaminated with each other.
 Instruct witnesses not to discuss the
events. In discussing an event to another
person will cause the knowledge of
another to be contaminated thus will
possibly result to fabrication of his own
statement in order to fill in the gap of his
statement.
 Do not discuss the crime with witnesses or
bystanders. Again the intention of this is to
prevent distortion and contamination of
the fact an what is known.
 Listen attentively, but unobtrusively.
Investigator being a good listener gathers
more important information.

 Protectevidence that is in danger of

being destroyed. Evidence and the crime
scene exposed to inclement weather and
spectators may lost the important features
and integrity.
The point of arrival
 The action of the first responder can determine
the value of the evidence for investigators and
prosecutors.
 The first officer must take immediately and plan
things out.
 Since people at the scene are usually emotional
officers must be flexible and understanding.

PRIORITIES of the first responder

 Handle emergencies first
 Secure the scene
 investigate
Handling Emergency Situations
 Emergency dictates procedure.
 Good judgment and the number of
available officers dictate what should
occur first if more than one emergency
exist.
 Officer should attempt to think like a
suspect.
 Flexibility is essential
A suspect at or near the scene.
 Any suspect at the scene should be detained
questioned and then released or arrested,
depending on circumstances.
 Before any in-custody interrogation, an officer
must inform his authority, the cause of arrest
and inform him of his rights.
 Officer discretion is important
 The suspect is removed from the scene as soon
as possible to minimize the destruction of
evidence and to facilitate questioning.
 This will also avoid the suspect from fabricating
alibis to get rid of the blame.
If the suspect has recently fled
 If the suspect has recently left the scene,
officers obtain descriptions of the
suspect, any vehicles, direction of travel
and any items taken. The information is
dispatched to headquarters
immediately.
 Immediate action is necessary earlier to
facilitate the best possible course of
action to be undertaken.
If a Person is Seriously Injured
 Emergency first aid to victims, witnesses and
suspects is often a top priority of arriving
officers.
 Call for medical assistance immediately
 If removal of victim is necessary minimize the
risk of contaminating the scene.
 If victim is seriously injured it must be
removed from the scene immediately,
attending medical personnel should be
instructed to listen to statements made by
the victim and save clothing for evidence.
If a dead body is at the scene
 If the body is obviously dead, the body should
be left just as it was found but it and its
surrounding protected.
 Preserving the scene is important because it may
yield clues about the identity of the dead body,
the cause of its death and individual responsible.

Protecting the Scene

 All necessary measures to secure the scene must
be taken- including locking, roping, barricading
and guarding until the PRELIMINARY is
completed.
Responsibilities during the Preliminary
Investigation
 Questioning victims, witnesses and suspects
 Conducting a neighbourhood canvass
 Measuring, photographing, videotaping
and sketching the scene
 Searching for evidence
 Identifying, collecting, examining and
processing physical evidence
 Recording all statements and observations
in notes.
Scene of Crime Operation (SOCO)
 The recovery of physical evidence is an
important task in the investigation function of
law enforcement.
 Composition of the SOCO Team
 Team Leader
 Assistant team leader
 Photographer and photographic log
recorder
 Sketcher and evidence recorder
 Evidence recorder
 Evidence recovery personnel
 Scene Security
Follow up Investigation
 Contacting witnesses who left the scene
 Checking out suspect(s) alibi
 Gathering additional evidence from other locations
 Talk with informants
 Attempt to locate additional witnesses
 Evaluate evidence collected and laboratory results of
tests
 Obtain search and/or arrest warrants
 Recover stolen property
 Confer with prosecutor

Chain of custody means the number of individual who

have handle the evidence from the time it was
discovered, collected up to time it was presented in
court.
Follow up includes pursued which composed
of the following;
 checking victim’s background,
 talking to informants,
 determining who would benefit from the
crime
 who had sufficient knowledge of the crime of
crime
 tracing weapons and stolen property
 searching Modus Operandi, mug shot and
fingerprint files
 checking all investigative leads available
Custodial Investigation
 Custodial investigation"
 include the practice of issuing an "invitation" to
a person who is investigated in connection with
an offense he is suspected to have committed,
without prejudice to the liability of the "inviting"
officer for any violation of law.
 In the absence of any lawyer, NO custodial
investigation shall be conducted and the
suspected person can only be detained by the
investigating officer in accordance with the
provisions of Article 125 of the Revised Penal
Code.
 Anti Torture Act (RA 9745)
 Physical torture
A form of treatment or punishment inflicted by
a person in authority or agent of a person in
authority upon another in his/her custody that
causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body.
 Mental/Psychological Torture
Refers to acts committed by a person in
authority or agent of a person in authority which are
calculated to affect or confuse the mind and/or
undermine a person's dignity and morale.
Ex. Blindfolding, prolonged interrogation.
Suspect, Victim and Witnesses
 Suspect or the person whom the crime is allegedly
pointed to, must be properly identified and his
connection must be well determined.
Methods of identifying Suspects
 By confession or Admission
 By accounts or testimonies of witnesses
 By circumstantial evidence
 By associative evidence (pieces of evidence
which would link the suspect to the scene)
Suspect, Victim and Witnesses
Confession
 it is the declaration of an accused expressly
acknowledging his guilt of the charged .
 in criminal case, of the truth of his guilt as to the
charged, or some of the essential part thereof.

Effect of Confession
 may be given in evidence against him in the
investigation or trial of the offense with which he is
charge.
 may be given to prove the guilt of his companions
but it will pass lots of court argumentation and
deliberation.
Suspect, Victim and Witnesses
Types of Confession
 Judicial Confession. confession done in open
court.
 Non-judicial Confession, this is also called as out of
court or extra judicial confession.
 Involuntary Confession. is forced confession and
therefore inadmissible in evidence
 Voluntary confession. when the confession was
not induced by promises of benefit or reward, or
any force.
 Voluntary confession must be reduced in writing
and assisted by a counsel of his own choice.
Suspect, Victim and Witnesses
 Admission is a self incriminatory statement by the
subject falling short of an acknowledgment of
guilt. Only the facts and some circumstances
were acknowledge from which guilt maybe
inferred.
Identifying suspect at the scene
 Suspect present at the scene maybe identified by
means of his Driver’s license or any means of
identification in his possession, field or show up
identification or through advance mobile
identification technology used by advance law
enforcement agencies.
Suspect, Victim and Witnesses
Field Identification or show up identification
 This occurs when the suspect is apprehended
while committing a crime, were the eyewitness
point him out as the perpetrator of the crime. or
simply means the on-site identification of the
suspect by the victim or witnesses to a crime. The
identification must be made simultaneously or
within a short period after the crime was
committed.
 US vs Ash, Jr. (1973) established that a suspect
does not have the right to have a counsel present
at a field identification.
Suspect, Victim and Witnesses
 Developing a Suspect
Is the suspect is not at the scene and not apprehended
development of leads to identify him must be the foremost
concern. Suspects maybe develop through the following
means:
1. Information provided by victims, witnesses and
other persons likely to know about the crime or
the suspect.
2. Physical evidence left at the scene
3. Psychological profiling
4. Information in police files
5. Information in the files of other agencies
6. Informants
7. Modus operandi files
Suspect, Victim and Witnesses
Ways to aid Victims and Witnesses Identify Suspect

1. Mug shots and photographic identification. View to the

victim and witness mug shots of known offenders in an
attempt to identify suspect you believe has a record.

2. Composite Drawing and Sketches

If the witnesses can provide adequate information, a
composite image can be made of the person by means
of a cartographic artist or Composite sketching using
software in the computer.

3. Modus Operandi Files. This happens when a series of

crimes occurs which creates a recognizable pattern of
committing it.
Suspect, Victim and Witnesses
4. Psychological or criminal Profiling. It attempts to identify an
individual’s mental, emotional and psychological
characteristics.
Specific information pertaining to the crime is then
profile in order to produce a predictive information regarding
the suspect’s likely age, sex, race, weight and height, physical,
mental and psychological condition; area of residence;
whether known to the victim; whether the suspect has a
criminal record and other details.

5. Line up identification. A police line up is usually made up of

five suspects of comparable race, height, weight, age and
general appearance in accordance with the standard
provided by law.
This is usually done when the suspect is in custody and
there were witnesses to the crime. This procedure is adopted
to ensure accurate and fair identifications and to meet the
standards established by the constitution.
Witness
Who are Qualified as a Witness?
 His possession of organs of sense
 His ability to perceive and perceiving
 He can communicate what he has
perceived to others; and
 That he is not disqualified from
becoming a witness by the law
Witness
The following Persons Cannot Act as a Witness:
 By reason of Mentally incapacity or immature
 By reason of marriage
 By reason of death or insanity of the adverse
party
 By Reason of Privileged Communication

Parental and filial privilege (sec. 25, Rules of

Evidence) No person shall be compelled to testify
against his parents, other direct ascendants, children
or other direct descendants.
Crime Scene
Crime Scene Reconstruction
1. Physical Reconstruction.
Involves an remaking of the scene which
involves the actual movement of things
suspected/believed to have important role
in the crime.
2. Mental Reconstruction
Involves remaking of the scene without the
actual movement of objects.
Crime Scene
Crime Scene
 Location where the offense was committed
 May include surrounding areas where evidence may
be located
 Always start big . . . It’s much easier to make it smaller
than to expand it at a later time
 There may be more than one crime scene
 it is the area from which the majority of the physical
evidence with the crime is obtained.
 it provides the investigator a starting point to
determine the identity of the suspect and victims.

Types of Crime Scene

 Primary Scene
 Secondary Scene
Crime Scene Search
Goal for Crime Scene Search
 Established that a crime was committed and
what the specific crime was.
 Establishes when the crime was committed.
 Identify who committed the crime.
 Explain how the crime was committed.
 Suggest why the crime was committed.

A successful crime scene search locates,

identifies and preserves all evidence present. The
security measures taken by the first officer intact or
after it has been altered or destroyed.
What to Search ?
Knowing what to search is an indispensable to an
effective crime scene search.
 Physical evidence is anything material and
relevant to the crime being investigated.
 Physical evidence ranges in size from very large
objects to minute substances. Understanding
what types of evidence can be found at
various types of crime scenes is important to
the search. Obviously, not everything found at
the scene is evidence.
The elements of the crime help to
determine what will be useful as evidence.
Crime Scene
Search Patterns
There are five basic crime scene search
patterns:
 Circle or spiral search.
 Strip or line search.
 Grid search.
 Zone search.
 Point to point search.
Crime Scene Search
Circle or Spiral Search
 Excellent pattern in most interior or confined exterior
scenes.
 Not effective in large exterior scenes or cluttered areas that
impact on the circular movement.
 Searcher moves inward or outward from a starting point.

Strip Search (single/double)

 Excellent in exterior scenes where a large area must be
examined.
 Visual alignment to the strip is good for most situations, but
as the area to be searched grows, it becomes more
difficult to maintain a visual reference of the lanes.
 Physically laying out the strips with string or tape can help
maintain the order.
Crime Scene Search
Line search
 Variation of the strip search, where multiple searchers
follow a single strip in one direction, while on-line with
each other.
 Excellent for exterior scenes over rough terrain.
 Usually requires supervisor(s) to maintain the direction
and alignment of the involved searchers.
Grid Search
 The grid search is another variation on the strip search.
 Searchers follows strips in one direction, then cuts
across the scene in another set of strips, oriented 90
degrees to the first.
 Provides for multiple views of the same ground by the
same searcher from different perspectives.
Crime Scene Search
Zone Search
 The zone search is used in several variations:
 To deal with small confined spaces where no
patterned search will work.
 To break a larger scene up into functional areas, that
are then searched using some other patterned
technique.
 The utility of the zone search is that it prevents the
searcher from indiscriminately moving from one point
of interest to another
Point to point Search
 Searchers move from one focal point to the next,
creating cleared pathways to and from each.
 They do not stray from these pathways.
 Each focal point is dealt with before moving on to the
next.
NO WARRANT RQUIRED
 No search (plain sense, open field, abandoned
property, private-party delivery, controlled
delivery, exposed characteristics)
 Independent justification (consent, incident to
arrest, officer safety, booking search and
inventory)
 Exigent circumstances (rescue, protection of
property, imminent destruction of evidence,
fresh pursuit, escape prevention, public safety)
 Fleeing target
 Crime Scene Documentation
WAYS TO DOCUMENT A CRIME SCENE VISUALLY
INCLUDE:
 Note taking
 Video taping
 Photographing
 Sketching
NOTES:
Note taking is a constant activity throughout the
processing of the crime scene and include: detailed written
description of the scene with the location of physical
evidence recovered must identify the time the evidence was
discovered, by whom, how and by whom it was packaged
and marked and disposition of the item after it was
collected. Tape recording notes is a helpful tool, but at some
point the tape must be transcribed

Field Notes:
Simply these are brief records of what is seen and
heard. Investigative notes are a permanent written record of
the facts of a case to be used in further investigation, in
writing reports and in prosecuting the case. Accurate notes
aid later recollection and are used for preparing sketches
and reports.
When to take Notes?
 Start taking notes as soon as possible after receiving a call
to respond and continue recording information as it is
received throughout the investigation.

What to Record?
 Record all information that helps to answer the questions
Who? What? Where? When? How? And Why?

Where to Record Notes?

 Use a notebook to record all facts observed and learned
during the investigation. despite the availability of
sophisticated recorders and computers, the notebook
remains ;
 the simplest,
 most economical and
 most basic investigative tools.
Photography
 the scene should be photographed in an unaltered condition.
Unless someone is injured, everything should be left in its
original condition until all evidence is photographed.
The golden rule:
 Do not touch or move any evidence until picture and video
have been taken of the general area and all evidence.
 Photographs and videotapes reproduce the crime scene in
detail fro presentation to the prosecution, defense, witnesses,
and the judge in court and are used in investigating,
prosecuting and police training.

Advantages
 Photographs/They can be taken immediately, accurately
represent the crime scene and evidence, create interest and
increase attention to testimony.
 Video/They can be viewed immediately, accurately represent
the crime scene and evidence, are able to show distance
more clearly than photos, have sound capability to more fully
document what is being seen and are cost-effective.
Disadvantages
 Photographs/ they are not selective. Do not show
actual distances and may be distorted and damaged
by mechanical errors in shooting or processing.
 Videos/ many people mistakenly believe that no
training in videotaping is necessary, which leads to
poor video quality and a diminished value in the
video’s documentation of the crime scene.

What to photograph?
 Photograph the general area , then specific areas and
finally specific objects of evidence. Take exterior shots
first because they are the most subject to alteration by
weather and security violations.
 Take sufficient photographs or videotape to
reconstruct the entire scene.
 Overlapping. The initial photographs showing the entire
crime scene.
Progression of Shots to reconstruct the crime scene;
 Long range shot of the locality, points of ingress and
egress, normal entry to the property and buildings,
exterior of the buildings and grounds and street signs or
other identifiable structures that will establish location
 Medium range. shot s of the immediate crime scene
and the location of objects of evidence within the
area or room
 Close range. Shots of specific evidence such as hairs,
fibers, footprints and bloodstains. The entire surface of
the object maybe photographed to show all the
evidence.

Zoom lenses allow close shots without disturbing the

crime scene, and close up are possible with micro lenses.
Such close range shots usually should include a marker,
sometimes called a scale.
A MARKER is anything used in a picture to show
accurate relative size.
 Using a marker will introduce foreign materials to the
crime scene. Therefore, first take the picture of the
scene or object without the marker, then add the
marker and take the second photograph.

 Mug shots. This refer to the picture of people in police

custody kept in department files for the purpose of
identification.

 Rouge gallery. Gathered files with picture from

known individual from previous arrest.

 Backing. Like any other evidence photos should also

be marked this procedure is known as backing.
What should be photographed?
 area the crime took place
 all adjacent areas where acts occurred
immediately before or after the crime
 points of entrance and exit
 if a body is present, photos should be taken to show
position and location relative to the entire scene
 close-ups of injuries and weapons are necessary
 After removal of body, photos of the are
underneath the body should also be taken
 Close-up Photos of Physical Evidence with a ruler or
something else to show size/scale ( point of
reference)
 Videotaping/digital cameras can also enhance the
preservation of the evidence in its original state
 Still photography is still the best for its detail
Crime Scene Sketches
 Accurately portrays the physical facts
 Relates to the sequence of events at the
scene
 Establishes the precise location and
relationship of objects and evidence at
the scene.
 Help create a mental picture of the
scene for those not present
 Is a permanent record of the scene.
 Is usually admissible in court.
A crime scene sketch assists in ;
 Interviewing and interrogating people
 Preparing the investigative report and;
 Presenting the case in court.
 It supplements photographs, notes ,
plaster casts and other investigative
techniques
 BASIC INVESTIGATIVE TOOLS 3 I‘s
 Information
 Interview and Interrogation
 Instrumentation
Information. These are knowledge obtain through
questioning and those derived from physical evidence.
 Sources of information
 Reports, records and databases, including those
found on the internet
 People who are not suspects in a crime but who know
something about the crime or those involved (victims,
complainant and witnesses)
 Suspects in the crime
 Interview.
Defined as the questioning of people
who are not suspects in a crime but who know
something about it or the people involved. This
involves talking to people , questioning them,
obtaining information and reading between the
lines.

 Interrogation.Is questioning those suspected of

direct or indirect involvement of a crime. This
involves a confrontational questioning on a
person regarding his participation or knowledge
of the crime.
OBJECTIVES OF THE INTERROGATION PROCESS
 Successful interrogation accomplishes four
objectives:
 Obtaining facts
 Eliminating the innocent
 Identifying the guilty
 Obtaining a confession
 SIMILARITIES BETWEEN INTERVIEWS AND INTERROGATIONS

Interviews Interrogation
Planning important Planning critical
Controlling surroundings important Controlling surroundings critical
Privacy or semi privacy desirable Absolute privacy essential

Establishing rapport important Establishing rapport important

Careful listening Careful listening
Proper documentation Proper documentation

Purpose is to obtain information Purpose to test information already obtained

Minimal or no preinterview legal requirements; no rights Extensive preinterrogation legal requirements;
warning rights warning required
Cooperative relationship between interviewer and Adversarial or hostile relationship between
subject likely interviewer and subject likely

No guilt or guilt uncertain Guilt suggested or likely

Moderate planning or preparation Extensive planning preparation
Private or semiprivate environment desirable Absolute privacy essential

Voluntary/ Uncooperative subject

cooperative subject Questioning Confrontational in nature
let the subject narrate his accounts
Characteristics of an effective Interviewer/interrogation
 Adaptable and culturally adroit. This help in
understanding more the people you meet and adapt
to their needs.
 Self-controlled and patient. Understanding yet
detached, waiting for responses while patiently
leading the conversation and probing for facts.
 Confident and optimistic. Do not assume. Show that
you are in command, that you already know many
answers and that you want to corroborate what you
know.
 Objective. Maintain your perspective and what you
sought, avoiding preconceived ideas about the case.
Get rid of personal prejudices.
 Sensitive to individual rights. maintain balance
between rights of others and those of the society.
 Knowledgeable of the elements of the crime. Know
what information you need to prove elements of the
crime you are investigating.
Physical evidence
 is anything real- that is, which has substance-
that helps to establish the facts of a case.
Physical Evidence classified in diff. ways
 Direct evidence.
Established proof of a fact without any other
evidence.
 Indirect evidence.
Merely tends to incriminate a person-for instance a
person’s footprints found near the crime scene.
 Indirect evidence is also called as circumstantial
evidence.
 Category of Physical Evidence
 Corpus Delicti evidence
Evidence that helps to prove the elements of the
crime(s)
 Associative evidence or corroborative
 Evidence that connects the suspect to the scene
and/or victim or connects the scene/victim to the
suspect
 Links a suspect with the crime this includes
fingerprints, footprints, bloodstains, hairs and fibers.
 Trace evidence
 Small or microscopic evidence, or evidence in
limited amounts
 these are extremely small items such as hair and
fibers.
The Nature of Physical Evidence
The physical evidence recovered from any scene
will, based on its nature, provide:
1. Class Characteristics
2. Individual Characteristics
Class Characteristics:
 A trait or characteristic that allows the item to be
compared with another group of items and included
or excluded in the group.
 Example: Hair - can typically identify general body
part, color or race

Individual Characteristics:
 A trait or characteristic that allows the item to be
compared to an individual item or person.
 Example: Fingerprint - can identify the specific
individual who deposited the print.
Use of Physical Evidence
 Physical evidence can place the suspect in contact
with the victim or with the crime scene
 Physical evidence can prove a crime has been
committed or establish key element of a crime
 Physical evidence can establish the identity of a
person associated with the crime
 Physical evidence can exonerate the innocent
 Physical evidence can corroborate the victim’s
testimony
 A suspect confronted with physical evidence may
make admissions or even confess
 Physical evidence is more reliable than eyewitnesses
to crimes
 Court decisions have made physical evidence more
important
 Admissibility of Evidence-
Evidence is admissible when it is relevant to the
issue and is not excluded by the law or these rules.

Evidence is admissible (RC)

1. WHEN IT IS RELEVANT TO THE ISSUE, and
2. WHEN IT IS NOT EXCLUDED by the law or the Rules
(competent)

 Processing Evidence
Processing physical evidence includes
discovering or recognizing it; collecting, recording, and
identifying it; packaging, conveying and storing it;
examining it; exhibiting it in court; and disposing of it
when the case is closed.
Packaging and Preserving Evidence
 Package each item separately in a durable
container to maintain the integrity of
evidence.
 Packaging is extremely important.
 Preserve evidence on immovable items at
the scene.
 Submit movable items directly to the
laboratory.
 Before packaging items for mailing to the
laboratory make sure it was legally obtained
and has been properly identified and
recorded in your notes.
Transporting Evidence
 Personal delivery, registered mail, insured parcel
post, air express and the same are legal ways to
transport evidence.
 Always specify the person receiving the
evidence is to sign for it.
 If the package is mailed , request for a return
receipt
Protecting the evidence
 Package evidence properly to keep it in
substantially the same condition in which is it
was found and store it securely, Document
custody of the evidence at every stage.
 Strict checkout procedures ensure that the
evidence is always accounted for.
 Any change in the condition is noted and
explained.
 Entrapment v Instigation
Entrapment.
 Is the employment of such ways and means for
the purpose of trapping or capturing a
lawbreaker.
 The idea to commit the crime originated from the
accused not from the officers.
 In entrapment, ways and means are resorted to
for the purpose of capturing the lawbreaker in
flagrante delicto.
Instigation
 The illegal act of tricking someone into
committing a crime so that the person you have
tricked can be arrested
 Instigation
“the accused who is otherwise not
predisposed to commit the crime is enticed or lured
or talked into committing a crime.” (People of the
Phil. V Bartolome, G. R. 191726)
 The criminal plan or design exist in the mind of the
law enforcer with whom the person instigated
cooperated so it is said that the person instigated
is acting as a mere instrument or tool of the law
enforcer in the performance of its duties.
 The idea to commit the crime comes from the law enforcer
 The person induced does not have the intention to commit
crime.
 The person induced merely acted as an instrument of the
law enforcer in the performance of his function.
THANK YOU