MODULE

FUNDAMENTALS OF
CRIMINAL INVESTIGATION
AND INTELLIGENCE
CDI 1

SYRA B. ENRIQUEZ
Department of Criminal Justice Education
1 | P a g e Crime Detection and Investigation 1
Fundamentals of Criminal Investigation and Intelligence
Bataan Heroes College

Fundamentals of Investigation and Intelligence

Syra Enriquez
Bataan Heroes College

MODULE 3:
BASIC CONCEPT OF ARREST AND
SEARCH AND SEIZURE

Fundamentals of Investigation and Intelligence

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Bataan Heroes College

CHAPTER III BASIC CONCEPT OF ARREST AND SEARCH AND SEIZURE

What is ARREST?
• The term "Arrest" came from the Latin word "Arrestare" which means "Cause to
stop" and "Restare" which means "Stay behind". This term was used as early as
during the 14th century.
• It is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense. (Sec. 1, Rule 113 of Rules of Court)

HOW ARREST IS MADE?

o An arrest is made by 1) an actual restraint of a person to be arrested or 2) by
his submission to the custody of the person making the arrest. (Sec. 2, Rule
113 of Rules of Court)

What are the two modes of arrest?

1. Arrest by virtue of a warrant.
2. Arrest without a warrant under exceptional circumstances as may be provided by
the statute. (Sec. 5, Rule 113, Rules of Court)

What is WARRANT OF ARREST?

• Is an order in writing issued in the name of the People of the Philippines signed by a
judge directed to a peace officer, commanding him to arrest the person designated
and take him into custody of the law in order that he may be bound to answer for
the commission of an offense.
What are the Essential Requisites of a Valid Warrant of Arrest?
a. It must be issued upon probable cause which may be determined personally by the
judge after examination under oath or affirmation of the complainant and the
witnesses he may produce.
b. The warrant must particularly describe the person to be seized.

What is a PROBABLE CAUSE?

PROBABLE CAUSE - refers to the facts and circumstances which could lead a
reasonable, discreet and prudent man to believe that the property subject of an offense is in
the place sought to be searched.

WHAT IS RICHARD DOE/JOHN DOE WARRANT? - it is a warrant containing no

specific person to be arrested but only descriptions based from the testimonies of the
victims or the witnesses. It contains the physical description of the accused as well as other
factors to be considered for the identification of the accused.

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ALIAS WARRANT
• It refers to the warrant of arrest issued by a judge to the peace officer after returning
the original warrant of arrest after the lapse of the 10-day validity period.
WARRANT OFFICER
• It is any authorized member from the law enforcement agency usually from the
Philippine National Police (PNP) or National Bureau of Investigation (NBI) who
holds a warrant for execution within 10 days from receipt subject to renewal in case
of failure to execute the same.

EXECUTION OF WARRANT
• The head of office to whom the warrant of arrest was delivered for execution shall
cause the warrant to be executed within 10 days from its receipt.
• Within 10 days after the expiration of the period, the officer to whom it was
assigned for execution shall make a report to the judge who issued the warrant. In
case of failure to execute the warrant, he shall state the reasons therefore. (Sec. 4,
Rule 113, Rule of Court)
• Note: A warrant of arrest has NO expiry date. It remains valid until arrest is
affected or warrant is lifted.

What is WARRANTLESS ARREST?

WARRANTLESS ARREST
As a general rule, it is a requisite that warrant should be issued in the name of the
person to be arrested. Any peace officer who arrests a person without warrant may be
liable under Article 125 of the RPC (Arbitrary Detention). The following are the
situations in which a police officer may arrest a person without warrant based on (Rule
113, Section 5, Rules of Court)

a. When, in his presence, the person to be arrested has committed, is actually

committing, or is about to commit an offense (In flagrante delicto arrest)
Example.
1. UMIL VS. RAMOS (187 SCRA 311)
The supreme court held that rebellion is a continuing offense. Accordingly, a
rebel may be arrested with or without a warrant, as he is deemed to be in the act
of committing the offense at any time of the day or night.
2. PEOPLE VS. SUCRO (195 SCRA 388)
It was held that when a police officer sees the offense, although at a distance,
or hears the disturbance created thereby, and proceeds at once to the scene
thereof, he may effect an arrest without a warrant. The offense is deemed
committed in the presence or within the view of the officer.
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b. When an offense has in fact just been committed and he has probable cause to
believe based on personal knowledge of facts or circumstances that the person
to be arrested has committed it. (Hot pursuit arrest) Example:
1. PEOPLE VS. GERENTE (219 SCRA 756)
Where the policeman saw the victim dead at the hospital and when they
inspected the crime scene, they found the instrument of death, and the
eyewitness reported the happening and pointed Gerente as one of the killers,
the warrantless arrest of Genere only three hours after the killing was held valid,
since the policeman had personal knowledge of the violent death of the victim
of the facts indicating that Genere and two others had killed the victim
c. When the person to be arrested is in escape
Those who escape from any penal establishment or place where he is serving
final judgment or is temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another may be
arrested by any peace officer or private person without warrant.
d. When the right is validly waived.
This is when the person arrested consented to the arrest, despite of no warrant
showed; the person is willing to be taken into custody.
e. When the accused who was released on bail attempts to depart from the
Philippines without prior permission of the court where the case is pending
(Sec 23, Rule 114 of the rules of court)
f. Violent Insanity (Article 124, RPC)
g. Ailment requiring compulsory confinement in a hospital (Article 124, RPC)

THE EXTENT OF AUTHORITY OF ARRESTING OFFICER ARE AS FOLLOWS:

1. Can employ necessary force to carry out the arrest (Rule 113, Sec, Par 2 of
Rules of Court)
2. Can restrain the subject in order to take him into custody (Rule 113, Sec. 1 & 2,
Rules of Court)
3. Can deliver the subject to jail (Rule 113, Sec 3)
4. Can orally summon as many persons as he deems necessary to aid him during
the arrest (Rule 113, Sec. 10)
5. Can break into a building or enclosure where subject is or is reasonably
believed to be, when admittance is refused despite announcement of his
authority and purpose.
(Rule 113, Sec 11 of Rules of Court)
6. Can break out the building or enclosure when necessary to liberate himself
(Rule 113, Rules of Court)

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7. Can search arrested person for weapon or anything used, or constitute proof
in the commission of an offense (Rule 126, Sec 13)

WHAT TO DO AFTER AN ARREST?

After arresting a violator, the subject must be:
1. Photographed
2. Fingerprinted
3. Medically examined and booked (NBI Memo Order No. 58 dated 13
November 2002)
4. Record checked
5. Interviewed/Interrogated, when there is a pending investigation involving
subject, but:
• It must be in the presence of defense counsel, and
• The subject must be informed of his constitutional rights.
6. Prepare joint affidavit surrounding the arrest, if arrest was made on the
occasion of an entrapment that is expected to lead to an inquest.
7. Line-Up or Reenactment - to be recorded in pictures. In a line-up, a witness
identifies subject among a line of prsons. The line-up must be fair and not
suggestive or leading. A reenactment is done when subject admits his
participation in the crime.
8. Inquest or file charges the regular ways, as the case maybe.
9. Return warrant of arrest, indicating that it was duly served, to the issuing
court.
10. Prepare formal report on the case.
11. Arrest and detention of foreign nationals shall be communicated to the Dept.
of Foreign Affairs for information to the respective embassies.
12. Minor below 18 years old shall be referred to a Medico-legal officer for
physical and mental examination.
DETENTION OF ARRESTED PERSON
Any person arrested could be detained through the following guidelines.
1. If he was arrested by virtue of a warrant of arrest, he shall be detained until:
a. He posts bail duly approved by a competent court which then orders his
release, or
b. The court issuing the warrant revokes or lift said warrant of arrest for other
reasons. (But the detainee has to be released upon his acquittal or of the
case even without a bail or lifting order.)

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2. If he was arrested without warrant for the commission of a crime, he can be

detained for:
a. TWELVE HOURS if a crime is punishable by Arresto Menor (Prison term
from 1- 30 days), public censure, fine below 200 pesos.
b. EIGHTEEN HOURS if the crime is punishable by Prison
Correctional (prison term from 6 months and 1 day to 6 years), Arresto
Mayor (prison term from 1 month 1 day to 6 months), Suspension, destierro,
Fine from 200 to 6,000 pesos.
c. THIRTY-SIX HOURS if the crime is punishable by Reclusion Perpetua,
Reclusion Temporal, Perpetual or Temporary Absolute disqualification,
Perpetual or Temporary Special Disqualification, Prison Mayor, fine
exceeding 6,000 pesos.
3. If he was arrested as an escapee from a place where he is temporarily confined
while his case is pending, he shall be reconfined until he posts the required bail
(E.O no 272 dated July 1987)
4. If he was arrested attempting to leave the Philippines while on bail, he shall be
confined subject to the order of the court where the case is pending. The court may
raise bail or impose more stringent conditions for subject's freedom.
5. If he was arrested after escaping from a place where he is serving final judgment,
he shall be re-confined to serve his remaining sentence without prejudice to his
liability for the crime of Evasion of service sentence.
6. If he was detained for violent insanity or for ailment requiring compulsory
confinement in a hospital, it appears that hospital authorities have a say on is
release, the same to depend on whether he is no longer a threat to society or his
ailment is sufficiently treated.

SEARCH AND SEIZURE

The word "SEARCH" was derived from the Anglo-Norman word "Searcher" Old French
"Cerchier" which means "TO EXPLORE," and lating word "Circare" which means "GO
AROUND IN CIRCLES".

WHAT IS SEARCH?
As used in this subject, is the act of examining persons, documents, papers and effects.

WHAT IS SEARCH WARRANT?

Search Warrant is an order in writing issued in the name of the People of the Philippines,
signed by the judge and directed to a peace officer commanding him to search for personal
property and bring it before the court (Sec. 1. Rule 126, Rules of Court)

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CONSTITUTIONAL PROVISION ON SEARCH

The rights of the people to be secure in their persons, house, papers and effects against
unreasonable searches and seizure of whatever purpose shall be inviolable, and no search
warrant or warrant of arrest may issue except upon probable cause to be personally
determined by the judge after oath or examination of the complainant or the witnesses he
may produce and particularly describing therein the places to be searched and the persons
or things to be seized. (Sec 2, Art. III, 1987 Philippine Constitution)
What are the REQUISITE BEFORE A SEARCH WARRANT IS ISSUED?
A search warrant shall not be issued, except:
1. Probable cause exist in connection with one specific offense;
2. Presence of probable cause is to determined personally by the judge after an
examination
3. The judge must have personally examined, in the form of searching questions and
answer, the applicant and his witnesses and taken down their written depositions.
4. The search warrant must particularly describe of the identity of the property to be
seized as far as the circumstances will ordinarily allow;
5. The warrant issued must particularly describe the place to be searched and the persons
or things to be seized.
6. It shall issue only for one specific purpose; and
7. It must not have been issued more than 10 days prior to the search made pursuant
thereto based from Sec. 4, Rule 126 of rules of Court.
WHO SHOULD WITNESS A SEARCH?
No search of a house, room, or any other premise shall be made except in the presence of
any of the following:
1. The legal occupant thereof;
2. Any member of his family;
3. In the absence of the latter, two witnesses of sufficient age and discretion residing
in the same locality according to sec. 8, rule 126, Revised Rules of Court.
What are the INSTANCES OF WARRANTLESS SEARCHES?
Similar with that of the "warrantless arrest," the general rule in searching a person is that, a
warrant should be issued and presented to the person concerned before search is done. If
the person effected the search without warrant, he may be liable under Article 128 of the
revised penal code (Violation of Domicile).
Whatever evidence obtained in the process of warrantless search is not admissible as
evidence in court for it is considered as "Fruit of the Poisonous Tree.'

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However, any peace officer, may, without search warrant, search a person, or a person's
belongings and premises in the following instances:
1. SEARCH INCIDENTAL TO A LAWFUL ARREST
This is legally accepted provided that the search is contemporaneous to the arrest
and within the permissible area. A person lawfully arrested may be searched for
dangerous weapons or anything, which may be used as proof of the commission of
an offense, without search warrant.

2. SEARCH IN VIOLATION OF TARIFF AND CUSTOM LAWS

The search involves illegal entry of smuggled goods in our country that may affect
the local business especially the small time businessmen. The search is usually
conducted by the officers and agents of the Bureau of Customs.

3. PLAIN VIEW DOCTRINE SEARCH

Under Plain view doctrine, police officers can seize articles or objects which
inadvertently come to their view without exerting any efforts and which object iss
incriminatory to the accused. Based from decisions of trial courts, the doctrine
includes the five senses of an individual to detect violation of law.
The doctrine requires that the police officer in order to validate the confiscation of
an object in plain must have a right to be in that place and whatever objects become
obvious or apparent without obstruction or impairment may be subject to seizure.

4. SEARCH OF MOVING VEHICLES

The search of moving vehicles is popularly called as "Checkpoint". This instance
of warrantless search cannot be done anytime. The "Checkpoints" must be done
during "Abnormal time" when the public welfare is at stake. Thus, every vehicle
that passes the certain checkpoint can search without search warrant.

In the case of Valmonte vs. De Villa, the Supreme Court had the occasion to rule
that checkpoints are not illegal per se. Thus, under exceptional circumstances, as
where the survival of organized government is on the balance, or where the lives
and safety of the people are in grave peril, checkpoints may be allowed and
installed by the government. Routine inspection and a few questions do not
constitute unreasonable searches. If the inspection becomes more thorough to the
extent of becoming a search, this can be done when there is deemed to be probable
cause. In the latter situation, it is justifiable as a warrantless search of a moving
vehicle.

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For as long as the vehicle is neither searched nor its occupants subjected to a body
search, and the inspection of the vehicle is limited to a visual search, said routine
checks cannot be regarded as violative of an individual’s right against unreasonable
search. [Valmonte v. General de Villa, G.R. No. 83988, 24 May 1990]
5. INSPECTION OF BUILDING FOR FIRE AND SANITARY REGULATIONS
Inspectors of a certain building for the purpose of maintaining sanitation, fire and
building regulations are required to enter every building as well as every room
necessary to be inspected without arming themselves with search warrant. The
inspectors need not be armed with search warrant to enter the premises or rooms of
the building to be inspected.

6. CONSENTED SEARCH
If the person submitted himself voluntarily to be search, it is valid, as if there is a
search warrant because of the consent of the person to be searched. The consent of
the person must not have been because of intimidation, threat of the person making
the search.

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MODULE 4:
INVESTIGATIVE TECHNIQUES

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CHAPTER IV INVESTIGATIVE TECHNIQUES

What is CRIME SCENE INVESTIGATION?

• It is the conduct of processes, more particularly, the recognition, handling,
preservation and documentation of physical evidence to include the identification
and interview of witnesses and the arrest of suspect/s at the crime scene

What should then be the primary job of an Investigator before applying the golden
rule?
The Investigator upon his arrival at the scene of the crime should consider the following
two important steps before he touches or moves any object.
• If the victim is still alive, the Investigator should try to gather or acquire
information from the victim himself with regard to the surrounding circumstances
of the crime, while calling for assistance for an ambulance from the nearest hospital.
Then measure, sketch and photograph the crime scene immediately after the victim
is removed and brought to the hospital for medical attendance.
• If the victim is dead, the body should be removed only after the crime scene is
measured, sketched and photographed.
Note: First Responders (FRs) are first Police Officers to arrive at the crime scene who
were dispatched by the local police station/unit concerned after receipt of
incident/flash/alarm report.

What is the DIFFERENCE BETWEEN CRIME SCENE AND CORPUS DELICTI?

Crime scene - a venue or place where the alleged crime/incident/event has been
committed.

Corpus delicti - (latin word for the “body of the crime”) - used to describe the physical or
material evidence that a crime has been committed. ex. corpse of a murder victim.

What are the PROTOCOLS IN INVESTIGATION?

Protocol 1: Jurisdictional Investigation by the Territorial Unit Concerned

The Police Station, which has territorial jurisdiction of the area where the crime incident
was committed, shall immediately undertake the necessary investigation and processing of
the crime scene, unless otherwise directed by higher authorities for a certain case to be
investigated by other units/agency.

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Protocol 2: Official Police Blotter

a. A Police Blotter is an 18” x 12” logbook with hard-bound cover that contains the
daily register of all crime incident reports, official summary of arrests, and other
significant events reported in a police station.

b. As a general rule, all crime incidents must be recorded in the official police blotter.
c. A separate Police Blotter, however, shall be
maintained for offenses requiring confidentiality
like violence against women and children and
those cases involving a child in conflict with the
law to protect their privacy pursuant to R.A. 9262
(Anti-Violence Against Women and Children Act
of 2004) and R.A. 9344 (Juvenile Justice and
Welfare Act of 2006).

Protocol 3: Investigation Team:

Organization
All investigators in any police unit must be a graduate of prescribed investigation course
with a rank of at least PO2 (pre-requisite to assignment).
Composition:
1. Team Leader;
2. Investigator/recorder;
3. Photographer;
4. Evidence custodian; and
5. Composite Illustrator/Artist

Preparation of Case Investigation Plan (CIPLAN)

The conduct of police operation involving sensational cases, high profile and heinous
crimes must be covered by Case Investigation Plan.

Uniform of the Investigator

Prescribed uniform should be worn by investigators when conducting investigation so as
to identify them as PNP personnel.
SOCO Assistance
a. In cases where the crime scene needs special processing due to its significance or
because of its sensational nature, the Scene of the Crime Operation (SOCO) specialists of
the Crime Laboratory shall be requested.
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b. If the situation involves a clandestine drug laboratory, biological weapons,

radiological or chemical threats, the appropriate agency should be contacted prior to
entering the scene.
CRIME SCENE SKETCHES
Sketches are useful in questioning of suspects and witnesses as well as in the writing of
investigative reports.

• A sketch is prepared indicating the actual measurement of things with scale and
proportion observed and oriented to the North Pole. All necessary information are
placed in the sketch.

• Sketches are excellent companions to photograph. Where photograph provide

exact details, sketches offer accurate information about the placement of
objects and they show relationship and distances between things.
ELEMENTS OF SKETCH

1. Measurements
2. Compass Direction
3. Essential elements
4. Scale and Proportion
5. Legend
6. Title
What are the SPECIFIC KINDS OF SKETCHES?

1. SKETCH OF LOCALITY =This gives picture of the scene, the crime and its
environs, including such items such as neighboring buildings, roads leading to
the location or house.

2. SKETCH OF GROUNDS = The sketch of grounds pictures the scene of the

crime with its nearest physical surroundings (e.g. house with a garden).

3. SKETCH OF DETAILS = The sketch of details describes immediate scene

only. For instance, the room in which the crime was committed and the details
thereof. Cross projection method are details of the room wherein walls and
ceiling are pictures as if they are on the same place as the floor. This gives a
clear impression of the scene in cases where bloodstains or bullet holes are
found in the walls or on the ceiling.

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ROUGH SKETCH -Made by the prober at the crime scene. Scale and proportion are
ignored and everything is approximated. It is to be used as basis of the finish sketch
FINISH SKETCH -Made primarily for court room presentation. All elements of
sketching must be present.
CRIME SCENE PHOTOGRAPHY

The main objective is to create a visual record of the crime scene before any item is
moved as possible physical evidence.

Take photograph of the crime scene with or without markers.

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What are Methods of Crime Scene Search?

1. STRIP SEARCH METHOD = In this method, the area is blocked out in the form of a
rectangle. The three (3) searchers, A, B, and C proceed slowly at the same pace along,
paths parallel to one side of the rectangle. When a piece of evidence is found, the finder
announces his discovery and the search must stop until the evidence has been cared for.
A photographer is called, if necessary. The evidence is collected and tagged and the
search proceeds at a given signal. At the end of the rectangle, the searchers turn and
proceed along new lanes.

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2. THE DOUBLE STRIP OR GRID METHOD OF SEARCH = a modification of

the strip search method. Here, the rectangle is traversed first parallel to the base then
parallel to the side.

3. SPIRAL SEARCH METHOD = In this method, the three searcher follow each other
along the path of a spiral, beginning on the outside and spiraling toward the center.

4. ZONE SEARCH METHOD = In this method, one searcher is assigned to each

subdivision of a quadrant, then each quadrant is cut into another set of quadrants.

st 2 nd Zone
1 Zo ne/grid

3 rd Zone
4 th Zone

5.WHEEL SEARCH METHOD = In this method of search, the area is considered to be

approximately circular. The searcher, gathers at the center and proceed outward along radii
or spokes. The procedure should be repeated several times depending on the size of the

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circle and the number of searchers. One shortcoming of this method is the great increase in
the area to be observed as the searchers depart from the center.

6. Point to point- searcher will stand in a straight line and move forward together.
What is meant by reconstruction of the crime?
After completion of the search, an effort must be made to determine from the appearance
of the place and its objects what actually occurred and what the circumstances of a crime
were. This is known as reconstructing the crime.

Kinds of reconstruction

• Physical Reconstruction— The physical appearance of the crime scene is

reconstructed from the description of witnesses and the indication of the physical
evidence.
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• Mental Reconstruction—From the physical reconstruction, some conclusions can

be made concerning the consistency of the accounts of various witnesses. No
assumption should be made concerning actions which are not supported by
evidence. The final theory developed by the investigator should provide a line of
investigative action.
DEDUCTIVE REASONING -It forms a general conclusion prior to having a complete
explanation based on the facts
INDUCTIVE REASONING- It forms a general conclusion after gathering evidence and
after further investigation
Packaging = Physical evidence should be packed in order to prevent loss, tampering,
breakage or deterioration.

EVIDENCE/ITEM DESIRED CONTAINER

1. Paper Envelope

3. Firearm Box or board of exact size

4. Hair Wrap it first with filter paper before placing it

in an envelope

5. Dirt = same=

6. Cloth Box – Do not fold the area where there is stain.

Encircle the location of the stain using a chalk
for easy identification.
7. Seminal stain If moist, drop distilled water using a dropper
and use the same to collect it, then place it in a
test tube

8. Blood Use a sterilized eye dropper to collect

the blood and place it in a test tube and
add saline solution.

Use saline solution to prevent coagulation

What are the TYPES OF EVIDENCE?

1. TESTIMONIAL EVIDENCE = The most common form of evidence, and it is

obtained through interview and interrogation – events which witness see, smell, taste, and
touch are described to the investigator through oral and written testimony.

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2. DOCUMENTARY EVIDENCE = This includes writings, including official

records. One which is supplied by written instruments, or derived from symbols which
ideas are represented on material substances, like letters, wills, deed or contract.

3. PHYSICAL EVIDENCE = Evidence addressed to the senses of the court, as when

objects are exhibited for the personal observation of the judge. It is also called real
evidence – any kind of object associated with the investigation, but it must be a tangible
item.

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