Fundamentals of Criminal

Investigation
A Review
AP Sarmiento
Two Main Fields of Tasks in Police
Work:
1. Crime Prevention – police operation tasks
through program to pre-empt the commission of
any infraction or violation of law. This is known
as the first defense of police work. (Proactive)

2. Crime Investigation – second defense of

police work, when all pre-emptive programs of
the organization fails, crime investigation as a
function materializes to address the violation.
(Reactive)
 Investigation
- an inquiry, judicial or otherwise for the discovery and
collection of facts concerning the matters involved
- it is the process of inquiring, eliciting, soliciting and
getting vital information, facts, circumstances in order
to establish the truth.

Custodial Investigation - investigation conducted by

law enforcement officers after a person has been
arrested or deprived of his freedom of action.
• Criminal Investigation is an art or process in
the identification, location and collection of
physical evidences through scientific means in
order to establish conviction or exoneration
from an accusation in a court of law. ( O’hara)
 Criminal Investigation defined
– an art or process, in the identification, location
and scientific collection of evidence for court
presentation to establish conviction or
exoneration.
- is the process of discovering, collecting,
preparing, identifying and presenting evidence to
prove the truth or falsity of an issue in law.
– Because no two crimes are identical, even if they
are committed by the same person, each
investigation is unique.
 Why?
– Intuition – feeling of truth, unearthed is nothing
but the truth of facts
– Felicity of Inspiration – the breadth of interest
common to all, perseverance to do his tasks with
consideration to humanity.
– Chance – an occasion unknowingly to happen,
opportunity at the moment
• Intuition – the “sudden knowing” without any
conscious reasoning or apparent logic. Based
on knowledge and experience or what is
commonly called “street sense.” An intangible
urge; a “gut feeling” developed by experience
 Exceptions:

 Sec. 12, Article III of the Bill of Rights (Miranda

Doctrine)
 Republic Act No. 7438 (Custodial Rights of any
arrested person)
 Article 125 as amended by Executive Order No.
272 approved July 15, 1985
 Sec. 2, Art. III of the Bill of Rights (rights against
unreasonable searches and seizures)
 Criminal Investigator
- a public safety officer who is tasked to conduct
the investigation of all criminal cases as
provided for and embodied under the revised
penal code, criminals laws and special laws
which are criminal in nature.
- a well trained, disciplined and experienced
professional in the field of criminal
investigation.
 Three (3) Aim Fold of Criminal
Investigation:

• To identify the perpetrator or culprit

• To locate his/her whereabouts
• Gather through scientific methods complete
essential evidence to prosecute the accused.
 Goals of Criminal Investigation:
(Phases of Criminal Investigation)

• To search or determine the facts of a criminal

act;
• Legally obtain information and evidence to
remove doubts and establish that a crime has
in fact been committed;
• To gather evidences that will prove or disprove
a crime.
 6 Cardinal points of investigation
• What specific offense was committed
• How the offense was committed
• Who committed it
• Where the offense was committed
• When it was committed
• Why it was committed
 Crime defined.
 An act or omission in violation of a public law forbidding or
commanding it; an offense against the state.

An Act – dolo or deliberate intent; a misdeed

Omission – culpa or failure to do an act; lack of skill, foresight,
negligence.

 Crime = intent/motive + voluntariness (free-will)

Resistance (existing valid law)

 Intent – It is the accomplishment of the act, and which must be

proved where it is an element of the offense charged. In Latin, it
also mean as “Men’s Rea”.

 Motives – not an element of the crime but is important to infer

identity of the accused.
 Example of Motives:
 Vanity – self-conceited act of betrayal tantamount to guilt
 Civic-mindedness – Public-spirited person of good standing in the
community who is interested in seeing that justice is done.
 Fear – A person under an illusion of oppression by enemies or of
other impending danger
 Repentance – One who has a change of heart and wishes to
report a crime that is preying on his conscience.
 Gratitude or gain – An expression of appreciation to obtain a
privilege or an interest in the welfare of his family during his
detention.
 Revenge – To settle a grudge due to settle a previous injury
 Jealousy – envious of the accomplishments or possessions of
another and wishes to humiliate him.
 Remuneration – a person who informs solely for the pecuniary or
other material gain he is to receive.
 Investigation
– means to follow – up step-by-step by patient
inquiry or observation; to examine and inquire
into with care and accuracy; to find out by
careful inquisition.
 Qualifications of a Good and Effective
Investigator
 C – courage/firmness/perseverance – ability to
stick to work despite odds
 H – honest – incorruptible and possesses
fairness
 I – integrity and trustworthiness
 C – courteous – respects the rights of others
 K – knowledge – knows what he is doing and
uses his senses in the process
 O – open-minded – accepts suggestions and
criticisms
 S – sincere – devoted and hardworking
How is the conviction of an accused
obtained?

It is the function or duty of the Criminal

Investigator to “make or unmake” the criminal
case. His experience, skill, training, knowledge
of the law and devotion to the work are his
armor and shield to the tiresome type of
work.
He is designed to establish proof of the corpus
delicti, designed from the two (2) factors of:
 Corpus Delicti – literally mean, “the body of the crime” –
which means substance of the crime or facts to be proven
to establish that a crime has in fact been committed.

 Actus Reus - proof that a criminal act has occurred.

 a. Factum Probandum – ultimate facts sought to be

avoided; and

 b. Factum Probans – it is the evidentiary fact by which the

ultimate facts is to be established.
 Our Criminal Jurisprudence allows only
two (2) methods, namely:
a. Direct Testimony of Witness
b. Circumstantial Evidence

How?
a. Direct Testimony requires that:

1) A witness has to be competent, meaning not disqualified

by the rules
2) Must posses’ personal knowledge of the incident;
 Our Criminal Jurisprudence allows only
two (2) methods, namely:
How?

b. Circumstantial Evidence requires that it must consists two or

more relevant facts or circumstances that when all are link together
an inference of the identity of the accused can be inferred.

1) Motive
2) Tracing and/or associative evidence, e.g. Latent prints, foot prints,
mud, stolen properties recovered in the control and possession of
the suspect, transferred paint to the clothing of the suspect, etc.
3) Testimonies of witnesses
 Phases of Criminal Investigation
• Identity of the Accused established
• Locating the whereabouts of the Perpetrator
• Collecting/gathering Evidences to prosecute
the accused
 Identity of the Accused established
1. Direct Testimony by witnesses: through the
following:
a. Verbal description
b. General Photographs
c. Rogues Gallery
d. Artist’s Sketch or cartography
2. Confession – direct acknowledgement of guilt
3. Surrender – done to any law enforcer
 Identity of the Accused established
4. Circumstantial Evidence, like:
a. Associative or tracing evidence
b. Motive
c. Opportunity – in a better position
d. Declaration and acts indicative of guilt
e. Possession of the fruits of a crime
f. Modus Operandi – method or pattern on how
the suspect or perpetrator performed the crime.
 Identity of the Accused established
* Modus Operandi File – a form consisting of the different information
answering the five W’ and 1 H (Cardinal principles)
Contents:
a. Time of Attack
b. Classes of preyed victim
c. Interest or types of interest
d. Associates of the group
e. Method of the attack/entrance
f. Means of attack/weapons
g. Means of transportation/getaway
h. Peculiarities/physical descriptions
i. Mannerisms or Idiosyncrasies
5. Police Line – up – must be at least 7 – 10 persons possibly of the
same height, body built
6. Vanity – a self-conceited act tantamount to guilt.
 Locating the whereabouts of the
accused
1. Testimony of witnesses
- Informers – paid to give information
- Informants – voluntarily providing information without any monetary
consideration.
- Persons willing and ought to provide information.

2. Surveillance – the keen observation of a place, person, associates,

activities and armaments.
- Usually necessary in the application of a search warrant.
* casing – observation and recording/sketching the avenues of
approaches of a territory especially before conducting raids.

3. Background Investigation

4. RA 4200 – Anti-wire Tapping Act. Generally, it is illegal to bug unless there

is a court order.
 Collecting/gathering Evidences to
prosecute the accused
1. Relevancy of Evidence
-meaning it must be related to the incident
and is not excluded by the rules
2. Crime Scene Management –
a. First Responder’s role - secure and protect
b. Proper crime scene processing
c. Observance of the Golden Rule in Crime
Scene
 Collecting/gathering Evidences to
prosecute the accused

Don'ts at the crime scene:

M - mutilate
A - alter
T - touch
S - search
O – obliterate
Unless the crime scene has been documented
(photographed, sketched and recorded through
notes)
 Collecting/gathering Evidences to
prosecute the accused

d. Maintaining the probative value of physical

evidences or the so called Chain of Custody of
Evidence
3. Factors on Legal Searches and Seizures
4. Must establish the linkage of the crime
scene/pieces of physical evidence with the
suspect
5. Court Duties
 The Preliminary Investigation: Basic
Considerations:

a. Basis for Criminal Investigation

b. Initial Response
c. The Point of Arrival
d. Conduct the Preliminary Investigation
e. Consider Assistance of Police /Crime
Laboratories
 The Crime Scene – the whereabouts of the
Elusive Physical Evidence
Crime Scene
– a territory or place where the crime
incident happened or the area/place where
physical evidence may be located and gathered.

Crime Scene Search Methods – It refers to the

different kinds of search methods suggested to
be used in case to case basis depending on the
terrain where the crime incident happened, all
these types of search methods are significant or
important as the other.
Crime scene documentation- include notes or
documentation, photographs, video, sketches, and
other documents (including electronic versions) that
are used to record and support the actions or
conclusions of an examiner.

Crime scene reconstruction The process of determining

the nature of events that occurred at a scene from an
evaluation of physical evidence and other relevant
information.
This process involves proposing, testing, and
evaluating explanatory connections among the physical
evidence related to the events. The purpose of the
analysis is to find the best explanation of related
events.
Keen Observation of the crime scene for an
Assumption/conclusion:

1) Mental Reconstruction – it is the keen/careful

observation of the nature, conditions or appearance of
materials and objects at the crime scene in order to
infer an assumption of what crime may have
happened.
(1) Inductive Reasoning – the assumption may arose
from specific situation/condition to general situation.
(2) Deductive Reasoning – the assumption may arose
from general situation to specific situation.

2) Physical Reconstruction – the reconstruction of the

crime scene is through the direction of an eyewitness.
e.g. ocular inspection and re-enactment.
 Documentation Processes:
1. Photography – use of camera, videocam,
videotape
(a). Advantage – they can be taken immediately,
accurately represent the crime scene and
evidence, create interest and increase attention
to testimony.
(b) Disadvantage – they are not selective, do not
show actual distances, may be distorted and may
be damaged by mechanical errors in shooting or
processing
Progression -
(1) Clockwise progression;
(2) From large objects to small objects
(3) Long-range or general view; medium or
overview; and close-range or close up.
(d) Microphotography, laser beam
photography, Ultra-violet photography
(e) Admissibility of Photographs – material,
relevant, competent photographs
2. Sketches - the simplest form of documenting
crime scene.
Characteristics of a good sketch:
 Accurately portrays the physical facts
 Relates to the sequence of event at the scene
 Establishes the precise location and relationship
of objects & evidence at the scene.
 Helps to create a mental picture of the scene for
those not present
 Is usually admissible in court
 Types of Sketches

1. Floor plan (Birds Eye View)

2. Elevation Drawing
3. Exploded View
4. Respective Drawings
 Classes of Sketches
– Sketch to Locality – depicts the crime scene and its
environment and roads leading to the location or
house/crime scene.
– Sketch of Grounds – this pictures the scene of the
crime and its nearest physical surroundings.
– Sketch on Details – describes the immediate scene
only. For example: the room in which the crime
happened and the details thereof.
Kinds of Sketch:
a. Rough Sketch – the sketch prepared by the
investigator at the crime scene. Known to be the
original sketch because it shall be the source of
the finished sketch.

Rough sketch A relatively crude, freehand

representation of all essential information
(including measurements) at a crime scene; it
is made while at the scene.
Kinds of Sketch:

b. Final Sketch – or known as the office or final sketch

because it is prepared at the office purposely for court
presentation. It may be prepared with the aid of a
draftsman provided it shall be under the close supervision
and direction of the peace officer who initially prepared
the rough sketch.

Finished sketch A precise rendering of a crime scene

with clean, straight lines and typeset or typewritten
lettering; usually prepared after leaving the crime scene
with information obtained from the original rough sketch, notes,
and photographs taken at the crime scene.
Steps in Sketching the Crime Scene
 Observe and plan
 Measure distances
 Locate objects and evidence within the outline
 Record details
 Make notes
 Identify the sketch with a legend and a scale

Surveying methods
a) Rectangular Coordinates
b) Polaris Coordinates
c) Triangulation Method
d) Transecting Base lines
e) Compass Coordinates
 Surveying Methods

 Rectangular Coordinates – this method uses two walls in a

room as fixed points, from which distances are measured at
right angles.

 Triangulation Method – In this method an object is located

by drawing two straight lines from two fixed points creating
a triangle, the object is in the angle formed by the lines.

 Baseline Method – In this method a straight line is

established from one fixed point to another fixed point.
Using one end of the line as a starting point, an object can
be located by measuring along either side of the baseline to
the point at a right angle to the object.
 Surveying Methods
 Compass Point Method – In this method a protractor is
used to measure the angle between two lines. One point
along a wall is selected as the origin. An axis line drawn
from the origin is the line from which the angle is
measured.

 Cross Projection Method – In this method, the sketch is

drawn so that the ceiling, floor and walls are on one
surface, as if one took a box, lifted the top, cut the four
corners and flattened it all out.

 Rough Sketch and Scale Drawing – a rough sketch is

drawn by the investigator or evidence technician at the
scene (not to scale). A scale drawing is usually
accomplished by a draftsman or technician at a police
facility.
 Plotting Methods – Systematic methods for
finding the exact location of objects by using
fixed points, including rectangular coordinates,
base lines, triangulation and compass points.

 Polar coordinates Methods of crime scene

measurement; measurement of items of
evidence based upon their distances and
angles from a fixed position.
3. Notes Taking and Reports – investigative notes are
permanent written record of the facts of a case to be
used in further investigation, in writing reports and in
prosecuting the case. : Who? What? Where? When?
How? And Why?

 Write notes – briefly but complete, legibly, accurately,

specifically, factual, clear and abbreviated notes that
are understandable to others.

 Original notes are legally advisable in court, and

officers may use them to refresh their memories.
Officers should take to court only those notes that
pertain to the particular case.
Steps in Report Writing: (GROWE)

 Gather the facts; investigate, interview and interrogate

 Records the facts immediately: take notes
 Organize the facts
 Write the report
 Evaluate the report: edit and proofread; revise if
necessary.

Types of Reports:

 Initial or Preliminary Report

 Supplemental or progress report
 Closing or final report
 Criteria/principles of Effective Report
Writing
• 1. CLARITY – use of simple words/terms not high or impressive words that
requires the reader to consult the Webster.
– Avoid impressive expressions

• Big Words vs Simple Words

• Magnitude Size
• Accumulate Gather
• Commence Begin
•
– Avoid an unwitting language transfer
• Example: He will give you a ring at past 5 p.m. ( the word “ring” causes
ambiguity.
•
– Avoid illiteracy – misuse of language
• Use of correct grammar
• Correct abbreviations
• Use of punctuations
• 2. ACCURACY – precision, exactness as it serves the purpose.

• Example: Ten (10) KIA, One Hundred (100) M-16 Armalite Rifles, Five
Hundred (500) Armalite Live ammunitions.

• 3. BREVITY – avoid duplication/redundancy, short, concise. Saying much

in few words.
• Always have in mind a specific reader, either real or imaginary when
you’re writing a report and always assume that he is intelligent but
uniformed. That the language used must be concise and there is
shortness in duration.
• Example: “New” recruits; “True” facts; “True” lies; “were” as follows.

• Wordy Brief

• At a period of time when When

• At this present writing Now
• Due to the fact that Because
• In this time and age Today
• 4. SPECIFICITY
• Use language that is simple, definite, specific,
accurate, factual and familiar. Make sure that you
write the essential ingredients of the report.
Avoid too long discussion as long as you have the
express the real incident in the case.
• Example: An automobile – this is wrong. It should
be . . . 1990 Toyota Corolla colored red with
license plate number ABT 007.

• 5. ATTRACTIVITY
• Make your report attractive (neat, clean and
arranged/formatted), the reader will have an
interest looking/reading it.
• 6. PROPER FORM OF REPORT WRITING
– Proper Capitalization
– Proper Abbreviation
– Proper punctuation
– Proper Indention
– Proper Spelling

• 7. It must be presented on Schedule – submitted promptly on time

Query: How to know police correspondence?
Answer: a. Correct English
b. Principles of effective report writing
Query: Why is there a need to learn correct English?
Answer: People will question our intelligence, and competence.
Query: How to improve knowledge of Good English?
Answer:
Admit your deficit in English
Exercising effort to improve your English grammar and writing.
 CONSIDERATIONS IN THE
PREPRATION OF AN INVESTIGATIVE
• 1. Sentence Structure
REPORT
•
• Sentence – a group of words having a subject and predicate expressing a complete
thought.
•
• Example: The suspect accused the arresting officer of kicking him.
•
• a) Police Sentence – is the same as any common grammatically structured
narrative sentence with the usual subject, predicate and verb. The only deviation is
the use of police words, phrases, and other terminologies without being too
technical, legal and vulgar.
•
• b) Correctness in the Sentence – it is necessary to pay special attention to the key
words:
• Verbs
• Pronouns
• Adjectives
• Adverbs
• 2. Selection and use of words
•
• a) Vocabulary – a stock of words used in a language by a individual
are in relation to a subject.
•
• b) Diction – means the correct choice of words though selecting the
exact, precise, definite objectives of words to convey a meaning.
•
• 3. Paragraph Construction
•
• a) Paragraph – is a sentence or a group of properly related ideas or
sentences expressing a single idea.
•
• b) Introductory Paragraph – is commonly the first paragraph in the
investigative report which objective is to readily point out the
reader the main point.
•
• Characteristics of a Paragraph:
• (1) Write Short Paragraph – if the ideas are presented in similar units, the
reader of the report can easily follow the events from one sentence to
another.
•
• (2) Give your Reader a Rest – voluminous and exhaustive an investigative
report maybe, if the reporter can give his reader a period of rest.
•
• (3) Recapture your Reader’s Attention – after giving a rest in between
paragraphs he should not let her/him asleep. Instead he must recaptured
his interest
•
– The Topic Sentence – is the first sentence immediately at the beginning of the
next or ensuing paragraph. Importantly, in investigative report
•
– The Linking Word- in order to hold the attention of our readers, the order of
presenting the ideas in each paragraph must be in sequence. This is a
complied by the use of linking words and phrases, bridging the ideas of a
previous paragraph wherein the reader can look back at the proceeding
sentence or forward to the forthcoming sentence of the next paragraph.
• 4. Spelling – spelling mistakes might cause your reader to think you’re careless or
stupid. Correct spelling in important not only for impression but also for accuracy.
A misspelled name, for example may cause serious problems in future
investigation in the case.
•
• 5. Homonyms - is a word that sounds like another word but has a different
meaning and spelling.
• Ex. Aisle- a passageway between rows of seats / Isle- an island
• Altar- a place of worship/ Alter- to change
•
• 6. Division of Words – technically, the improper division of words is not an
error in spelling. Nevertheless, a mistake committed makes the reader of there
port confused with the impression that the word has been misspelled
• Ex. Sus- pect sui- cide mur - der
•
• 7. Capitalization and Numbers – some writers have the tendency to over capitalize
the objectives to emphasize.
• Ex. This is a Case of Murder wherein the victim was Maria Malas, 23 years, single,
Flight Stewardess of the Philippine Airlines, residing at Calachuchi Road, Fairview
Park, Quezon City.
•
• NUMBERS- or numerals are used except at the beginning of a sentence
• Ex. Sixteen prostitutes, whose ages were from 13-16 years were arrested by the
police.
• 8. Abbreviations - in order to conserve energies and space, the use of
some abbreviations are allowed. However clarity should not sacrificed for
brevity and using abbreviations must confined only to those words of
common usages and widely accepted locally or internationally. However in
actual report writing we limit the use of abbreviation to titles, addresses,
time and name of agencies referred to as initials.
•
• Ex. We use e.g. to show examples
• We use i.e. to make an explanation
•
• 9. Punctuations – is a customary little marks that determine whether a
sentence is clear or has doubtful meaning.
•
– Aim of Punctuation - to make the report as clear as possible
• b. Purposes of Punctuation are:
• -To separate the written matter to sentence
• -To subdivide into word groups.
• -To let your reader know that you have written your report for his
convenience
• Kinds of Punctuation
•
• a) Period- use at the end of a declarative or an imperative sentence
•
• b) Question Mark- use after a question or after that part of sentence which ask question
•
• c) Exclamation Mark- use after an expression of surprise or strong feeling or emotion
•
• d) Comma -used before coordinating conjunctions (and, but, or….) which joins two separate
independent clauses.
•
• e) Semicolon- use between two independent clause of a compound sentence when conjunctions
such as and, but, not, for, yet, and so are omitted.
•
• f) Colon- use to introduce a list or summarizing word, phrases or clauses.
•
• g) Quotation Mark- use to set off the exact word spoken or written by other person.
•
• h) Apostrophe – use to show possession
•
• i) Parenthesis- use when numerals are placed in formal enumeration within the sentence
•
• j) Hyphen- use with compound numbers
KINDS OF INVESTIGATIVE REPORTS
• 1. Spot Report or Incident Report – It must be prepared and submitted
immediately after the preliminary investigation of the incident had been done. It
must briefly answer the cardinal principles of investigation. It shall serve as
information of the immediate senior officer of the unit for several purposes, such
as:
• a. His consumption for an intelligent and responsive decision or plan of
action
• b. Responses to inquiries by higher officers
• c. Responses to inquiries from the media
•
• 2. Initial Investigation Report – It consist a brief narration of the facts of the
incident answering the cardinal principles of investigation and
enumerating/identifying related found/collected pieces of evidence. It will serve as
basis for the incoming investigator to push through or continue with the
investigation or follow – up of the case.
•
• 3. Progress Investigation Report – It consist narrative reports of progress as
a result of the continuing process of investigation; it may or may not repeat what
has been reported in the initial investigation report unless it shall present a more
detailed or references to the new established facts of the case. It shall have the
following parts:
 – Authority: It contains the Complaint Number and Case Number (this is observed in bigger
police stations) ; or the Police Blotter Entry Number; or upon whose instructions the
investigation has been proceeded.
•
– Matters Investigated or Matters to be Investigated – It shall state the nature of the offense,
identities of victim/s, their personal data and addresses, time and place of incident and the
identity/ies of the perpetrators, if known.
•
– Facts of the Case – It shall state the essential narration of the facts and circumstances
together with related and competent testimonies and pieces of identified and marked physical
evidences. Status of victims, arrested suspects and evidences.
•
– Discussion – It contains related laws violated that would probably establish a prima – facie
case against the accused and that complainant/victim has sufficient grounds to establish proof
of the accusation or complaint.
•
– Summary/Findings – A concise findings as a result of the investigation premised on the
Discussion.
•
– Recommendations – It shall contain what the investigator believes the case must be after a
careful perusal of the facts, circumstances and evidence gathered.
 SWORN STATEMENT TAKING •
Concept of Sworn Statement

• One of the stages of an investigative process where the facts, incidents and circumstances
are recalled and narrated by a person who has personal knowledge surrounding the commission of
the offense under investigation. It serves as a permanent record.

• Appropriate tools and related requirements are used by an investigator in order that justice
prevails.

• Sworn Statement – it is a narration of facts and circumstances surrounding the commission of a

crime, the declarant have knowledge thereof. The questions are propounded exhaustively and
controlled by the investigator in order to establish complete information the declarant has to say.
All answers to the questions must not be in an implied manner, meaning, the answer of “Yes” or
“No” must be avoided.

• Affidavit – is a narration of facts prepared by the Affiant himself of what he believes about an
incident. This is often considered self – serving meaning it is “one – sided” or beneficial only to the
Affiant himself. To test personal knowledge – the Affiant must be subjected to cross-examination
before the court or any administrative body that has jurisdiction over the case under scrutiny.

• Deposition – It is information from a deponent in answer to interrogatories from both parties of the
case under the order of a court or body handling the case.
Significance of Sworn Statement
a. Narrative facts and circumstances
b. Establish the prohibited act
c. Presents the evidences and testimonies
d. It identifies the relief sought
 Who are Real Parties in Interest
• They are the party who stands to be benefited in the
suit or the party entitled to the avails of the suit.

• Plaintiff (civil)/Complainant (criminal) – those having

intent in the subject matter of the action or in
obtaining the relief demanded.

• Defendant (civil)/Accused (criminal) – persons who

claim an interest in the controversy necessary to
complete the determination or settlement of the
questions involved therein.
 Complaint
• a. A sworn statement/affidavit
• b. charging a person of an offense
• c. subscribed by the offended party, any peace
officer or other public officer charged with the
enforcement of the law violated.
 Who can file a complaint
• Offended party
• Any peace officer
• Other public officers charged with the
enforcement of the law violated
 Purposes of a complaint or
information
• a. To inform the accused of the nature and
cause of accusation against him.
• b. To notify the accused of the criminal acts
imputed to him so that he can duly prepare his
defense.
 Characteristics of a Sworn Statement
• a. It must be clear – use of simple and easily
understood terms or words.
• b. Accurate – exactness of descriptions; truth, fairness
and consistent
• c. Brief – concise but complete, unified and coherent
facts
• d. Specific – use of exact numbers, physical features,
relevant, pertinent and material information
• e. Chronological presented
• f. Alignment, spacing, numbering, etc.
• g. Good grammar construction
 What is the constitutional
requirement in taking Sworn
Statements or Affidavits/Depositions
• Miranda Doctrine (Sec. 12, Art. III of the 1987
Phil. Constitution
• RA No. 7438
• Use of humane and good rapport
• Appropriate dialect, language
 Identifying and Arresting Suspects
Arrest – the taking of a person into custody in the manner authorized by law for the
purpose of presenting that person before the court to answer for the commission of a
crime.

a. Police Officers are authorized to make an arrest:

1. For any crime committed in their presence

2. For a felony not committed in their presence if they have personal knowledge to
believe the person committed the crime.
3. Under the authority of an arrest warrant
4. Other lawful circumstances provided by law.

Nightcap Provision – As a general rule Arrest Warrants shall be enforce during day time,
however, when the court endorses the warrant with a written statement that the
arrest may be made at night, this is commonly referred to as nightcap provision.

Reasonable Force – is the amount of force a prudent person would use in similar
circumstances.
Off-duty Arrest

Elements:
1. Be within the legal jurisdiction of their agency
2. Not be personally involved
3. Perceive an immediate need for preventing a crime
or arresting a suspect
4. Possess the proper identification

Field Identification - is on the scene identification of a

suspect by the victim of or witnesses to a crime. Field
Identification must be made within minutes after the
commission of the crime.
Developing a Suspect
1. Information provided by victims, witnesses and other persons likely to know about
the crime.
a. Mug Shots
b. Cartography or Artist Sketch or Portrait Parle
c. Rogues Gallery

2. Physical evidence left at the crime scene

3. Psychological profiling – which attempts to identify the individual’s mental,
emotional and psychological characteristics.
4. Information in police files
5. Information in the files of other agencies
6. Informants – source of information voluntarily given
7. Modus Operandi Information
8. Tracking – traces or leads to establish direction
9. Line-up Identification – seven (7) to ten (10) persons – Suspects have the right to an
attorney during police line – up.
 Surveillances, Undercover
Assignments and Raids
 Surveillance – is the covert, discreet observation of people and
places for the purpose of obtaining information concerning the
identities or activities of subjects.

 Log – chronological records of activities that took place in the

establishment under surveillance.

 Surveillant – is the plainclothes investigator assigned to make the

observation.

 Subject – is who or what is observed. It can be a person, place,

property, vehicle, group of people, organization or object.
 Methods of Surveillance:
1. Stationary Surveillance – also referred to as
Fixed and Stakeout Surveillance – is used
when you know or suspect that a person is at
or will come to a known location when you
suspect that stolen goods are to be dropped
or when informants have told you that a
crime is going to be committed.

2. Moving Surveillance or Shadowing or tailing

– simply the act of following a person.
 Methods of Surveillance:
Forms :
a. Loose tail – employed where a general impression
of the subject’s habits and associates is required.
b. Rough Shadowing – employed without special
precautions, the criminal maybe aware of the
surveillance; employed also when the subject is a
material witness and must be protected from harm
or other undesirable influences.
c. Close tail – extreme precautions are taken against
losing the subject is employed where constant
surveillance is necessary.
3. Convoy – a guard employed by the subject who stays
at a reasonable distance to watch or safeguard his
back against an enemy.

4. Wire Tapping or bugging – electronic surveillance by

tapping a subject’s telephone..

5. Undercover Assignments or Roping – form of

investigation in which the investigator assumes a
different and unofficial identity in order to obtain
information.

Selling Crimes – are illegal activities such as drugs,

alcohol, pornographic literature, stolen goods,
frauds, contraband, or black market operations.
6. Entrapment – – a criminal design is already in the
mind of the person entrapped. It did not
emanate from the mind of the law enforcer
entrapping him. Entrapment involves only ways
and means, which are laid down or resorted to
facilitate the apprehension of the culprit. Tricking
someone into committing a crime that they
would normally commit.

Instigation – happens when the officer practically

induces the prospective accused into the
commission of the offense, thus himself becomes
co – principal.
 Raids
- is a planned, organized operation based on the
element of surprise.
• to recover stolen property
• seize evidence or arrest a suspect.
A raid must be the result of a hot pursuit or under
the authority of a no-knock arrest or search
warrant.
Precautions in Conducting Raids:
 Ensure that the raid is legal
 Plan carefully
 Assign adequate personnel and equipment
 Thoroughly brief every member of the raiding party.
Arrest, Raid, Search and Seizure
A. Arrest – is the taking of a person into custody
 Who are exempt from arrest?
 Duty of Arresting Officer
 Techniques in Making Arrest

a) Initial contact
 Investigator identifies himself
 Inform subject is under arrest
 Aware/alert subject maybe
dangerous

b) Investigator’s/operative’s conduct
(1) Be natural and pleasant but forceful and aggressive
(2) Dominate the situation
(3) Voice must command authority
(4) Demand prompt and absolute obedience
(5) Avoid profane language
Arrest, Raid, Search and Seizure
c) Methods of Arrest With Warrant
(1) Inform the person to be arrested of the cause of arrest
(2) That an arrest has been issued
(3) During the arrest, the copy of the warrant may not be in
custody
(4) The copy of the warrant maybe shown thereafter

d) Without Warrant
(1)Arresting officer shall inform the person to be arrested his
authority and cause of arrest
(2) Except under those instances so mentioned by law, where
necessary action or force shall be employed.

Life of a Warrant of Arrest:

a. Shall be valid and enforceable until named person is arrested
b. Until recalled or revoked by the issuing court
Arrest, Raid, Search and Seizure
When Arrest May be Legally Effected/ Lawful Warrantless Arrest
 Flagrante Delicto
 Hot Pursuit Principle
 Arrested prisoner escapes
 Escaped prisoner
 Arrest made by a bondsman for the purpose to surrender
 Accused was released on bail and attempts to abscond
 Violation of conditional pardon

Who may execute arrest?

How to effect Arrest

 Actual restraint
 Submission to the custody of the person making the arrest
 No unnecessary force or violence
Arrest, Raid, Search and Seizure
 Territorial Effectivity of a Warrant of Arrest
 Duty of Person Making an Arrest Without Warrant
 Periods Within Which Person Arrested Without
Warrant Should be Charged in the Proper Forum (Art.
125, RPC as amended by Executive Order 272).
 Right of Attorney or Relative to Visit Person Arrested
 Medical Examination of Arrested Person
 Summoning Assistance for the Arrest
 Right of a Person Arrested ( RA No. 7438)
 Search
– is an examination of an individual’s person, house, papers or effects, or
other buildings and premises to discover contraband or some evidence of
guilt to be used in the prosecution of a criminal action.

Search Warrant – is an order in writing issued in the name of the People of

the Philippines, signed by a Judge and directed to a peace officer,
commanding him to search for personal property described therein and
to bring it before the court.

Personal Property to be Seized

Property subject of the offense

Property stolen or embezzled and other fruits of the crime
Property used or intended to be used for committing an offense
 Search
Probable Cause Required for a Search Warrant
Probable Cause – Those sufficient facts to convince the judge that circumstances
sufficiently exist to establish the need for the issuance of the warrant.

May things illegally Seized be admitted in evidence?

May articles Not mentioned in the Search Warrant be Seized?

How to serve a Search Warrant?

 Served or executed within ten (10) days

 Search the place identified or mentioned in the warrant
 Search be made at daytime unless otherwise stated  Searching
the place must be with two (2) witnesses  Searching officer must
issue a detailed receipt of the items seized  Issue certification of
property seized
 Deliver immediately the things or property seized to the judge who issued the
warrant, together with an inventory duly verified under oath.
 Lawful Warrantless Searches and
Seizures

 There is a consent or waiver

 Seized in “Plain view”
 Customs search
 Search of a moving vehicle
 Border Check points or in the interest of national
security
 Stop-and- search or stop-and-frisk search
 Search incidental to a lawful arrest
 Types of Searches

• Wall Search – place the subject in a “off-

balance” position, recommended
• Standing Search – Subject’s hands are raised,
not recommended
• Kneeling Position – subject kneels
• Prone Search – subject lies on his stomach
• Fruit of a Poisonous Tree Doctrine – The
doctrine that evidence obtained as a result of
an earlier illegality must be excluded from
trial.
 Raid
– is a surprise invasion of a building or area. It is a small-scale attack of a
limited territory.

Objectives:
Effect an apprehension
Obtain evidence of illegal activity by surprising the offenders in flagrante
delicto
Recover stolen property

Factors Affecting Success or Effectiveness of a Raid

Size of the raiding party
Speed
Surprise
Superiority of arms
Simplicity of plan and operation
 Seizure
– to take into custody or confiscate personal properties
such as:
 Weapons which may be used against the raiding
party
 Articles which might be used as a means of suicide 
Articles which might be used in escaping
 Articles which might be used in the commission of a
crime
 Proceeds or fruits of the crime 
Illicit articles must be seized
 Non-contraband must be returned to the owner
 Tools of an investigator in gathering
facts
1. Information - data gathered by an investigator and
other person including the victim himself and from:
1. public records
2. private records
3. modus operandi file

2. Interview - skillful questioning of witness and suspects.

3. Instrumentation - scientific examination of

real evidence, application of instruments and method
of physical sciences in detecting crime.
 Composition/Organization of an
investigation team:
• Team leader
• Investigator/recorder
• Photographer
• Evidence Custodian
• Composite illustrator/Artist
 Equipment of an Investigator

 Police line
 Video camera
 Voice recorder
 Camera
 Measuring device
 Gloves
 Flashlight
 Fingerprint kit
 Evidence bag
 Evidence tag
 Evidence bottles/vials
 Investigators tickler
 Standard Methods of Recording
Investigative Data:
 Photographs
 Sketching crime scenes
 Written notes (what you have seen/observed)
 Developing and lifting fingerprints found at the
crime scene.
 Gathering physical evidence
 Plaster cast
 Tape recording of sounds
 Video tape recording of objects
 Written statement of objects and witnesses.
 Investigator’s Three I’s – Basic Techniques or
Tools of an Investigation

Information – This is the knowledge which an

investigator acquire from records and persons.
The ability to secure information is a major asset
of an investigator.
2 Kinds of Information
1. Regular sources - ex. citizen, company
records
2. Cultivated sources - ex. paid informant
 Information: Sources are
 Complainant – is a person who requests that some action
be taken.
 Informants – a person who gives information voluntarily to
the investigator about a case and who may even be willing
to be a witness.
 Witness – a person who saw how the crime was committed
or who may have some knowledge about the case.
 Suspect – a person considered to be directly or indirectly
connected with a crime, either by overt act or by planning
or directing it.
 Confidential informant – a person who provides
confidential information concerning a past or projected
crime and does not wish to be known as the source of the
information.
 Places - the crime scene, or frequent place of visits

 Records – employing records – public records, private

records, modus operandi file – as a means of discovery and
identification of suspects and witnesses as well as a source
of evidence and additional leads.

 Persons – information acquired from regular sources such

as conscientious and public spirited citizens, cultivated
source such as paid informants or employees in general.

 The extent as which of the two kinds of information varies.

The French, for example, relies heavily on paid
information, while the English has little provision on paid
information. The Philippines relies on both French and
English systems.
Interview and Interrogation
– most demanding and least mechanical phase of
investigative work
– It is one of the most critical point of evaluating
effectiveness of an investigator pertaining to his skills
in eliciting information from witnesses, informants,
complainants, and suspects.
 Interview – is the questioning of a person
believed to possess knowledge that is of
official interest to the investigator.

 Interrogation – is the questioning of a person

suspected of having committed an offense or
a person who is reluctant to make a full
disclosure of information in his possession
which is pertinent to the investigation.
Types of Interview
1. Informal (on the scene interview) -
conducted by police/investigator at the crime
scene to get description of criminal if seen.
2. Formal - interview conducted by the
investigator assigned to the case.

Types of Formal Interview

1. Normal - for willing or cooperative witness.
2. Group/Pretext Interview - for hostile witness
or witness who refuse to cooperate.
3. Follow Up - additional interview in addition to
vital points if necessary.
Qualifications of Interviewer
1. Salesman
2. Actor
3. Psychologist
Requisites of an Interview
1. Establish rapport
2. Forcefulness of personality
3. Breadth of interest
 Characteristics of the Effective
Interviewer/Interrogator
1. Adaptability – the ability to understand people from all walks of life, to meet them
on their own level on varied subjects and to adapt to their personalities and
lifestyle.

2. Self-control and Patience – the act of being professional, sympathetic yet

uninvolved, waiting for responses while patiently leading the conversation and
providing facts.

3. Confidence and Optimism - feel you are better education and thus must be in
control of the interview.

4. Objectivity – Maintain your perspective on what is sought, avoiding pre-conceived

ideas about the case.

5. Sensitivity to Individual Rights – Maintain a balance between the rights of others

and those of society.

6. Knowledge of the Elements of the Crime – Know what information you need to
prove the elements of the crime you are investigating. Phrase questions to elicit
information related to these elements.
 Interview - the effectiveness of an investigator is largely dependent upon
his ability to obtain information from complainants, witnesses, informants,
and suspects.
Building a case - elements of the case is established
Qualifications of the Interviewer
Rapport – good relationship between the interviewer and the subject
Personality – induce confidence by the strength of his character so
that subject shall trust him.
Breadth of Interest – common or agreed topics

Stages of Interview – “ IRONIC”

“I” – Interview preparation – investigator acquaints himself to the case,

prepares what he wants to establish or know from the subject
“R” – Give the subject time to recall about the incident “Warm –up”
“O” – Opening statement
“N” – Narrative
“I” – Inquiry
“C” - Complement
Techniques in Questioning

 One question at a time

 Avoid an implied answer
 Simplicity of questions
 Saving face
 “Yes” and “No” Questions
 Positive Attitude

Techniques for Controlling Digression – rambling discourses

 Precise questioning – restrict the range of information which the
subject can give in an answer.
 Shunting – technique of asking question which relates the
digression to the original line of questioning.
 Skipping by guessing – questions of intervening details which is
an act of anticipating conclusions to skip probable outcome of the
various stages of the subject’s recital.
Types of Interviews
 Children – permission to interview children must
be obtained from parents or guardians;
determine ability to discern.
 Boys – determine perception and intelligence, more
on falsehood.
 Girls – intensely interested in the world as it reacts to
her, observant to her young neighbors.
 Young persons – not ideal witness, they are
ideally preoccupied.
 Middle-aged persons –Ideal witness, they are
keenly aware of his fellow beings.
 Older Persons – Very effective witness, they add
maturity to judgment.
Types and Attitude of Subjects
 Know-nothing type – reluctant to act as witness
 Disinterested Type – uncooperative, indifferent person
 Drunken Type – can be a good source of information
because he is inspired of his own potent truth serum.
 Suspicious Type – fear for himself
 Talkative Type – no track of message, needs channeling
 Honest Witness – cooperative and gives useful
information
 Deceitful Witness – obviously a liar
 Timid Witness – uneducated, “foreign-born”
 Boastful, Egotistic or Egocentric Witness – Self-
centered, an excellent witness only if the issue is for
himself but prone to color on other topics.
Direct and Indirect Questions
 Logical Approach – is based on reason. Use logic to
determine why the person refuses to cooperate and to
explain the benefits of cooperating. Explain the problems
that result when people who know about a crime do not
cooperate.

 Emotional Approach – addresses such negative feelings as

hate, anger, greed, revenge, pride and jealousy. You can
increase these emotions or simply acknowledge them by
explaining to the person that “anyone else in the same
situation would respond the same way.”

 Direct Question – is to the point, allowing little possibility of

misinterpretation. Use this type that come right to the
point.
Direct and Indirect Questions
 Indirect Question – is a bit disguised and could elicit a variety of
answers. Use this type of questioning to those that skirt the basic
question, sparingly.

 Cognitive Interview – a method that calls for using a secluded, quiet

place that is free of distractions for the interview and encouraging
subjects to speak slowly.

Evaluation

 Physical Mannerisms – nervousness, evasive facial expressions,

perspiration and similar signs
 Frankness – truthfulness
 Emotional state – reaction to questions
 Content of statements – discrepancies and misrepresentations
 Basic Consideration in Interrogation
 Miranda Doctrine
 Sec. 12, Art. III, 1987 Constitution
 Sec. 17, Art. III, 1987 Constitution
 Waiver in relation to Art. 125, RPC as amended
 Waiver in relation to RA 7438
 Using deception or misrepresentation during Interrogation is illegal
 Turf of the interrogation
 Use of Third-Degree Tactics – use of physical force, threats of force
or other physical, mental or psychological abuse – are illegal. Any
information so obtained, including confessions, is inadmissible in
court.
 Language
 Qualifications and traits of the
investigator :
 General knowledge and Interest – must develop
intellectual curiosity and keen observation
 Alertness – constantly alert able to analyze subject
accurately
 Perseverance – patience and decision & willingness to
continue
 Integrity – unquestionable personality; inspired confidence
or trust
 Logical Mind – objective and clearly defined intentions
 Ability in Observation and Interpretations – ableness to
observe and interpret reactions
 Power of self control
 Admissions, Confessions and
Written Statements
 Admissions – contains some information concerning the elements
of the crime but falls short of a full confession. It is a self-
incriminatory statement by the subject falling short of an
acknowledgement of guilt.
 Confessions – is information supporting the elements of the crime
given by a person involved in committing the crime; or the direct
acknowledgement of committing the crime. Confession – is a direct
acknowledgment of the truth of the guilty fact as charged or of
some essential part of the commission of the criminal act itself.

Requisites of a Valid Confession:

 It must be in writing; it can be oral when done in open court.
 Must be in the presence of a counsel
 It must be free from any threats or coercion, in short must be
voluntary  Must be under oath
 Signed by the accused
 Statement – is a legal narrative description of events related to a
crime.

 Deposition – is the testimony of a witness reduced to writing under

oath or affirmation, before a person empowered to administer
oaths, in answer to interrogatories (questions) and cross
interrogatories submitted by the parties. Ordinarily it is an attorney
who gets depositions.

 Duress and Coercion

Duress – imposition of restrictions on physical behavior (Ex.
Prolonged detention, deprivation of food, sleep, etc.
Coercion - connotes the idea of physical force; application of
illegal physical methods
Psychological Constraint – Free action of the will may be
unlawfully restrained by threats or other methods of instilling fear.

 Deception and Promises – No deception, promises, threats, tricks,

or cajoling may be used to obtain from the suspect a waiver of his
rights.
 Trickery and Deception – deceit or defrauding styles
Ex. a) Informing the subject that his accomplice has
confessed
b) Pretending that convincing evidence such as
additional witnesses or documents exists.

 Employment of Promises
 Example:
a) Release from Custody
b) Lighter sentence
c) Pardon, etc.

 Ham letting – forcibly taking any relative of a suspect

in exchange for the surrender or appearance of
suspect. Includes coercive act of forcing people to
transfer or vacate their place of abode.
Hypnosis and Truth Serums
 Hypnosis – is used with crime victims and witnesses
to crimes, not with suspects. It should be used only
after careful consultation with the person to be
hypnotized and after a detailed review of the case as
well as of the subject’s mental and emotional
condition. Subject must give a written consent,
approval by the prosecutor’s office and possibly the
subject’s lawyer.

 Truth Serums – are fast-acting barbiturates of the type

used to produce sleep at the approximate level of
surgical anesthesia. The theory is that, the drug
removes the person’s inhibitions so the person is more
likely to tell the truth. Commonly used drugs are the
sodium amytol and sodium pentathol.
Legal Requirements for Interrogation

 Voluntariness – Unlike the interview of the witness,

the statement of a person being interrogated must
have been made voluntarily and must not be the
product of threats, fear, fraud, coercion, or other
improper tactics.
 The rights of a person under interrogation as
provided by the Constitution of 1987 are as follows
 the right to be informed of his right to remain silent
 the right to be informed that anything he says may be
used against him as evidence in court
 the right to have competent and independent counsel
preferably of his own choice
 the right to be provided with counsel by the state if he
cannot afford the services of counsel.
Instrumentation This is the application of
instruments and methods of physical science in
the investigation of crimes. It is the application of
physical, microscopy, chemistry, polygraphy,
electronics, micro-photography, biology,
pathology in crime detection. It is the sum total
of application of all sciences in investigation
otherwise known as criminalistics because it
includes also all the technical methods by which
the suspect may be traced and examined.
 FUNCTIONS OF THE CRIME
LABORATORY
 Undertakes all Medico-legal Services
 Performs Firearms Identifications
 Performs Fingerprint Examinations
 Modern Forensic Photography Services
 Identifies Evidence through Physical and Chemical
Identification Methods
 Performs Polygraph Examination
 Performs Document Examinations
 Conduct Forensic Training to provide Police Investigative
Agencies with technically trained personnel
 Appears and Testifies before the Courts of Justice as Expert
Witness
 Performs other related functions as directed by higher
Headquarters
 MAIN DIVISIONS OF
CRIMINALISTICS
Three (3) Scientific Divisions – subjects require the study of science
and mathematics before practical training in the laboratory,
namely:

 Chemistry
 Physics or Physical Identification
 Biological Science or Medico-legal

Five (5) Technical Divisions –

 Questioned Document
 Firearms Identification
 Latent or Fingerprint Examination
 Forensic Photography
 Lie Detection or Polygraph
 FIRST RESPONDER’S ROLE
Securing the crime scene is a major responsibility
of the first officer to arrive. Everything of a non-
emergency nature is delayed until the scene is
protected.

At outdoor scenes, crime scene physical evidence must

be protected from:

1. Weather condition such as: heat, wind, rain, snow or

sleet.
2. Passersby or “kibitzers” to include relatives of victims.
3. Astray animals
Any police officer who first arrives at the crime scene shall
endeavor to protect and secure the same as follows:

 Cordon off the crime scene with whatever available

materials like ropes, straws, human barricade, police line if
available, etc.
 Evacuate injured persons to the nearest hospital or clinic;
 Prepare to take the dying declaration of severely injured
person, if any;
 Explain to people gathered around the significance of
protecting the crime scene and possibly securing the
physical evidences;
 Prevent entry/exit of persons within the cordoned area;
and
 Prepare to brief the investigators of the situation upon
their arrival.
 Questions
Can the first responder photograph the crime scene and
possibly vulnerable pieces of evidence?

 Answer: He can, provided his main responsibility of

protecting and securing the crime scene is insured.

Can the investigator direct somebody to take the photographs?

 Answer: It must be on case on case basis. To instruct

somebody to take photographs is a serious matter. If the
person instructed is not well verse to security measures, it is
difficult. Considerations must prevail, there are private
persons knowledgeable of the procedures, even though the
produced photographs for its admissibility shall be
dependent of the ability and qualification of the
photographer not the first responder.
 THE (SOCO)- SCENE OF CRIME
OPERATION
Thus, the Scene of Crime Operation was conceived to to address the
deficiencies in crime scene processing and investigation and to assist
police investigators in terms of scientific approaches in investigating
criminal cases, especially heinous crimes.

A. OBJECTIVES OF SOCO

1) To conceptualize (introduce/build in their minds) the Crime Laboratory

SOCO in the PNP Organization.
2) To orient and guide field investigators in the importance of SOCO in
scientific investigation of criminal incidents.
3) To assist investigators in the speedy solution of criminal cases especially
heinous ones through the proper processing of the crime scene.
4) To institute a clear cut delineation of duties and functions among
investigators of different operating units and the SOCO to deter
overlapping and duplication of functions and to avoid passing the bulk
attitude in case of dismissal of criminal cases by the trial courts.
 CASES TO BE INVESTIGATED BY THE
Not all crime incidents are for Scene of Crime Operation.
SOCO
The necessity of the technical expertise applies only to
heinous crimes where careful scrutiny is necessary more so
when the investigator is faced with a blank wall.

The field investigators through the statement of

witnesses and related collected pieces of physical evidence
can handle light offenses.
These crimes are:
 a. Murder  b.
Homicide
 c. Robbery with force upon things
 d. Rape with Homicide
 e. Arson
 f. Other heinous and/or sensational cases as required and
directed by higher Headquarters.
 COMPOSITION OF THE SOCO TEAM

 Team Leader
 Assistant Team Leader
 Photographer and photographic Log Recorder
 Sketcher/Measurer
 Evidence Recorder/Custodian
 Evidence Recovery Personnel
 Driver/Security
 CRIME SCENE SEARCH AND
MANAGEMENT
• Crime scene will always give leads to the
identity of the perpetrator of a crime; pieces
of evidence found at the crime scene will link
or tie perpetrators to the crime.
• Testimonies can hardly stand alone in the
absence of corroborating evidence such as
object or real evidences.
 Crime Scene Search Methods:
Search – is an examination of a person’s house or other
buildings or premises or of the person for the purpose of
discovering contraband or illicit or stolen property or some
evidence of guilt to be used in prosecuting a criminal action
with which a person is charged.

Consider the following:

1. Sec. 2, Art. III, 1987 Philippine Constitution

2. Legal Requirements for a Search:

(a) A search warrant has been issued – specify place and

things to be searched. General and Scatted Search
Warrants are inadmissible.
Plain Feel/Touch Evidence or “Pat-down Searches” –
the plain feel exception is a legitimate extension of
the plain view doctrine.
(b) Consent is given or waiver of search
(c)The search is incidental to a lawful arrest/search
following an arrest – protective search.
(d) An emergency exist – a warrantless search in
the absence of a lawful arrest or consent is justified
only in emergencies where probable cause exists
and the search must be conducted immediately,
e.g., danger to life, escape (moving vehicles), and
destruction or removal of evidence.
(e) Plain view Search/evidence – unconcealed
evidence seen accidentally by an officer engaged in
a lawful activity.
Related Precautionary Measures:
a. Exclusionary Rule – established that courts may not accept
evidence that was obtained by unreasonable search and seizure,
regardless of its relevance to the case.

b. Fruits of a Poisonous Tree Doctrine – established that evidence

obtained as a result of an earlier illegality must be excluded from
trial.

c. Good Faith Doctrine – established that illegally obtained

evidence may be admissible if the police were truly not aware that
they were violating the suspect’s constitutional rights.

Note: After search – detailed inventory receipts, copy of which

shall be furnished to the owner.

d. Crime Scene Search – a successful crime-scene search locates,

identifies and preserves all evidence present.
 Organizing the Crime-Scene Search
Organizing a search includes dividing the duties, selecting
a search pattern, assigning personnel and equipment
and giving instructions.

a. Selection of a Search Method:

factors:

1) Locale: - The location of the scene will influence the

method of search to be used.
(a) Building Searches
(b) Outdoor Areas:
(c) Vehicle Searches
2) Number of personnel available – the more
persons available to process a crime scene, the
more rapidly the search can be conducted.

3) Types of Objects Sought – The type and size of

the objects sought at a scene affect the form of
search. Larger objects are more rapidly observed
and require less time and personnel unlike in
minute objects like fibers, prints, etc.

4) Speed Desired – Appropriate time is required

considering the nature and kind of evidence that
will be recognized and collected.
 Search Patterns or methods
– it shall be dependent on personnel available, time limits imposed by weather,
lighting conditions, terrain and other circumstances to consider.

1) Strip Method – It consists of processing the area by walking back and forth,
viewing an approximately three to four-strip with each pass. As one strip is
completed, the investigator moves to the next parallel strip. If several searchers
are used, they walk side by side in processing the crime scene.

Advantages: - There are two (2) basic advantages:

a. They are simple and thorough; and
b. They are flexible enough to accommodate one or more searchers.

Disadvantages:
a. The method may be difficult to utilize over rugged terrain, or where the crime
scene is ill-defined;
b. The method is potentially inefficient, because that fact that most scene have
a major point of impact (e.g. the body in a homicide case) around which the bulk
of the evidence is likely to e found.
Strip Method
2) Grid Search Method – It consists of two strip searches
conducted over the same area at right angles to one
another.

Advantage: Grid search in the area place a premium on

thoroughness, since each spot in the area is examined
twice.

Disadvantages:
a. The search takes twice as long as a strip search; and
b. Objects found on the second pass may actually have
been left by the searchers on the first pass.
Grid or Double Strip
3) Spiral Search Method – A clockwise circle is begun at the major impact
point of the scene and the searcher circles that point at an ever
increasing radius.

Advantages:
a. The impact point of the scene is the focal point of investigation; and
b. The boundaries of the relevant search are more easily defined, since
the investigator will eventually reach a point when no more evidence is
being discovered.

Disadvantages:
a. In order to reach the point of impact, the investigator must track
across (and eventually contaminate) a portion of the crime scene;
b. The point of impact is not always at the geographic center of the
crime scene; and
c. The spiral method cannot easily be used with multiple searchers.
Spiral Search
4) Zone or Quadrant Method - The area to be searched is divided into unit
zones and each unit is then processed individually as a separate crime
scene

Advantages:
a. A zone search aids in organizing a large or complex crime scene;
b. Numerous personnel can be used without getting in each other’s way.

Disadvantages:
a. A zone search can be used only when the crime scene permits a sub-
dividing; and
b. If used too often, supervision and coordination of the units may be
difficult.

5) Wheel (Inward or Outward) Search – It is the least effective, particularly in

a large area. The tendency is to concentrate on the center and hence, to
miss the evidence to the outside.
Zone/Quadrant Method
Wheel Method
 Techniques in searching:
1. Exterior Search: = lanes, concentric, strip or zones
2. Interior Search: = progresses from general to
specific, usually in a circular form/patter, covering all
surfaces of the search area. The floor should be
searched first.
3. Suspect Searches – if arrested – conduct
complete body search for weapons and evidence; if
not arrested, confine search to a “patdown” or frisk
for weapons.
4. Dead body search – personal identification.
5. Use of Dog Search – trained sniffing dogs like K-9,
etc.
 Physical Evidence
– objects or materials searched, identified and collected at
the crime scene significant and relevant to a particular
incident or event.
- It is anything real or material, it has substance that helps
to establish the facts of the case.

They are referred to as:

a. Trace Evidence. Direct evidence establishes proof of a

fact without any other evidence.
b. Evidence established by law is called Prima-facie
Evidence.
 c. Evidence that merely tends to incriminate a person,
such as a suspect’s footprints found near the crime
scene, is called Circumstantial Evidence.

d. Exculpatory Evidence – these are pieces of physical

evidence that would clear one of blame, for example,
having a blood type different from that of blood found
at a murder scene.

Two Classifications of Evidence:

1. Corpus Delicti Evidence – establishes that a crime

has in fact been committed.
2. Associative Evidence – those that links a suspect
with the crime.
 Discovering, Recognizing and
Examining Evidence
Physical Evidence must be material, relevant, and
competent.
Standard of Comparison – is an object, measure or model
with which evidence is compared to determine
whether both came from the same source.
Packaging:
 Plastic Bags – does not “breathe”, best because may cause
condensation to form.
 Brown-paper bags or envelope – used especially for
clothing.
 Boxes – for large and heavy objects.
 To preserve immovable items at the scene, use
photographs, modeling clay, moulage, silicon and other
impression-making materials.
When packaging consider the
following:
 Make sure it was legally obtained
 Properly identified
 Properly recorded
 Properly sealed and marked “Evidence”
 Place a transmittal letter addressed to the
laboratory and place in an envelope attached
outside the box/container. The letter must contain
the : name of suspect, the victim, specify what
examination(s) is desired. Retain a copy for your
files.
 Transporting Evidence
Personal delivery, registered mail, insured parcel
post, air express, are the legal ways to transport
evidence.
Always specify that the person receiving the
evidence is to sign for it.
How evidence should be transported depends on
its size and type and the distance involved.
Use the fastest method available.
If the package is mailed, a “return receipt” should
be requested.
 Handling Special Kinds of Evidences:
a. Voiceprints
b. Bite Marks
c. Toneline
d. Tools and Tool marks
e. Weapons and Ammunition
f. Glass
g. Spectrographic Analysis
h. Soils and Minerals
i. X-ray Diffraction
j. Ropes, Strings and Tapes
k. Drugs
l. Documents
m. Laundry and Dry-cleaning Marks
Blood
n. Fingerprinting
o. Examining Hair
p. DNA Profiling
COLLECTION AND PRESERVATION OF
EVIDENCE
The Crime Scene - is the locale within the
immediate vicinity of the occurrence wherein
evidence may be found. Its significance are:
 Source of pieces of physical evidence;
 Source of information that is essential in the
investigation;
 Modus Operandi can be established
 Where accused or perpetrator maybe found; and
 Witness(es) can be interviewed.
 First Officer or Investigator at the
Scene

 Welfare of the victim(s);

 Record time & date of arrival;
 Nature of crime and location of crime scene;
 Weather and lighting conditions;
 The full identification of the person discovering
or reporting the scene;
 Police officers who have arrived ahead;
 Control and secure the scene of the crime;
 Reroute traffic, if necessary.
 How is the evidentiary value of
Physical Evidence preserved?
1) Proper Recognition – the investigator must be knowledgeable of
the elements or requisites of the crime committed in order that
he/she can search and gathered appropriate or relevant evidences;
may it be associating and/or tracing evidence.

2) Proper Documentation – used of the three (3) methods, namely:

a)Photography;
b) Sketching, Charts, Diagrams or drawings
c) Notes taking – jotting down related and material
information, must answer the cardinal principles of criminal
investigation.

3) Proper Collection and Identification – it is the use of

systematic/chronological, legal and complete procedures in the
collection process. Thereafter, placing the items in an appropriate
separate materials or containers to secure the evidences.
 How is the evidentiary value of
Physical Evidence
s to consider in ludes:
preserved?
Factor c

(a) Adequate sampling

(b) Standard or known samples
© Integrity of Samples
(d) Types of evidence – portable and fixed evidence

4) Proper Control, Handling and Preservation – Marking, tagging

and/or labeling the pieces of collected evidences accordingly.
> Most organic matters change in character through natural
decomposition and unless preventive measures are taken, their
probative value is destroyed. Factors such as time (weather) and
temperature must be considered.

5) Proper Evaluation – presented in detail/associate with suspect and

crime scene.
 How is the evidentiary value of
Physical
6) Prepared Evidence
Oral Testimonies preserved?
– investigator/examiner must be ready to testify
in court with regards to his participation in the investigation of the case as
a witness or as an examiner.

What are the kinds of Physical Evidence?

1) Real/Object Evidence – tangible objects (items that speaks for

themselves), addressed to the senses of the court.
2) Associative Evidence – evidence, which links the crime scene with the
criminal/perpetrator of the crime. These are items unconsciously left
behind by the suspect such as: fingerprints, footprints, personal
properties, etc.
3) Tracing Evidence – evidence that may be found in the suspect through
the transfer of these items from crime scene to his person, such as: paints,
blood, mud, dirt, etc.
4) Oral Testimonies – interviews with persons with personal knowledge
about the crime under investigation.
5) Documentary Evidence – written information
The nature/types of Physical Evidence
1) Minutiae types – small, fragile, and perishable

2) Bulk/large types – big materials.

As a rule - must be collected ahead of the minutiae evidence.

Purpose :
> To ease the scene; and
> Avoid mingling and possible destruction

3) Materials in different forms – Gaseous, liquid or solid

The nature/types of Physical Evidence
How to make Effective Use of Physical Evidence
The Investigator must:

1) Recognize the article as evidence (marking,

labeling and tagging)
2) Collect only those related evidence
(pertinent/associated to the crime)
3) Preserve the physical and legal integrity of
the articles (packing, issuing receipt,
appropriate containers, etc.)
4) Evaluate the article’s worth (able to identify
and correlate to the case on trial)
 Class and Individual Characteristics
– attributes typical of a person, place or object.

(a) Class Characteristics – attributable features or distinguishing marks

found in a group.
(1) Manufacturers
(2) Size of Objects
(3) Colors and reflectively (paints)
(4) Marks and traces (tools, tires, footprints)

(b) Individual Characteristics – attributable marks or features found

on individual items or things.
(1) Microscopic Examination Details
(2) Striation Markings (tools and firearms)
(3) Individual cuts and depressions (footprints, fingerprints)
 RULES IN THE COLLECTION OF
EVIDENCE
1. Get all the Physical Evidence

2. Mark the Evidence Correctly

3. Prevent Contamination

4. Maintain the PRINCIPLE OF CHAIN OF

CUSTODY OF EVIDENCE
 MARKING EVIDENCE
Evidence must be marked to assure that its identity can be
legally established in court.
Normal descriptions of items are not sufficient; distinctive
symbols or initials of the recovering officer, date when
recovered and/or an individual letter on each item of evidence
collected should be used.
Exceptions:
No attempt should be made to mark evidence, when:
a) The item, by its nature is impossible to mark
Example: Dust, fibers, blood, etc.
b) The marking would alter its monetary or authentic value
Example: Diamond ring, antique objects, rare coins, etc.
c) The marking might hinder subsequent analysis, such as:
documents containing fingerprints, bullets, etc.
 Tagging or Labeling Evidence:
Objects, which are not suitable for markings must
be tagged. A paper tag firmly affixed to the items of
evidence can serve as a basis for later identification.
Labeling – writing the needed information on the
container.
Advantage: it provides for a greater space for recording
pertinent data, such as:
 Case number
 Date & time when article was found
 Name and description of the article
 Location and time of recovery
 Signature of the investigator/finder
 Name of witness(es) to the recovery
 For Storage: Entries written and
properly tagged/labeled
 Date the evidence was received
 File number of the case
 Title of the case
 Person or place from whom at or at which received
 Person who received the evidence
 Complete description of the evidential items including
size, color, serial number, etc.
 Disposition
 Identity and signature of the officer in control of the
evidence room
 PRESERVING EVIDENCE
Physical evidence may be most effectively
presented in court if it has been properly handled and
preserved. An analysis of evidence by the laboratory
may be impossible, if the evidence has been altered or
contaminated.

Preservation : Two (2) Methods

(1) Physical preservation

(2) Preservation from alteration of perishable evidence
 PRESERVING EVIDENCE
Containers
The investigator should try to suit his containers to the sample.
Due to bacterial or fungal actions it is imperative that one does
not put damp or biological evidence in plastic bags. The following
is suggested:

 Plastic or cellophane envelopes

 Paper envelopes
 Vials, pill boxes, capsules and like containers.
 Garments and large exhibits can be placed in bags or rolled in
paper.
 plastic tape to prevent loss of adhering evidence.
 Loss of adhering evidence on large exhibits, such as safes, vehicle
bumpers, etc., can be prevented by placing plastic paper over the
vehicle and sealing it with tape.
 Always use clean and new containers to prevent contamination.
Storing Evidence

Evidence should be stored in a safe,

evidence vault, locker or some other location
where unauthorized persons do not have
access to it. This applies to both temporary
and long range storage.
 COURT DUTIES
The Investigator’s Role in the Judicial Process

• The ultimate goal of a criminal investigation is determining the

truth – the facts that will establish the innocence or guilt of people
related to a crime. Here, as in all other phases of criminal
investigation, objectivity, accuracy and thoroughness are essential.

• Investigators are responsible for preparing cases for court and

presenting testimony in court. Their role is critical in the quest for
justice. From the receipt of the initial complaint to court
appearance, investigators play a key role in a criminal justice
system.
 Four (4) Areas of Concern for being a
Good Witness
• The quality and completeness of your original
notes and report.
• The pretrial conference and deposition
• Courthouse behavior.
• Personal appearance and demeanor.
 The main participants in the trial
1. Judge – presides over the trial, rules on the admissibility of the
evidence and procedures, keeps order in the court, interprets the
law and passes sentence if the defendant is found guilty.

2. Prosecutor – controls the prosecute of the criminal case and

represent the state in prosecuting the law violated.

3. Legal Counsel – presents the defense evidence before the court.

4. Complaining Witness (victim) – Testifies and establish proof that a

law has been violated, there was an intrusion to his/her
constitutional rights and that the defendant is liable thereof.

5. Defendant – may or may not take the witness stand.

• Direct Examination – is the initial questioning
of a witness or defendant by the lawyer who is
using the person’s testimony to further his or
her case.
• Cross – Examination – is questioning by the
opposing party for the purpose of assessing
the validity of the testimony.