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CDI 1 Fundamentals of Criminal Investigation Part 1
CDI 1 Fundamentals of Criminal Investigation Part 1
The primary job of the investigator is to discover whether or not an offense has been committed under the
law, after determining what specific offense has been committed, he must discover how it was committed, by whom,
where it was committed, when and why it was committed (Cardinal points of Investigation 5W’s and 1H).
1. Perseverance
2. Intelligence
3. Honest
4. Understanding of the people and environment
5. Keen power of observation
TRAINING
Training, as one of the foundations of investigation, is concededly a vital ingredient in the creation of a total
investigator. Experience alone does not make one good investigator. Many who had been hostage to this notion
often ended in jeopardy. The ideal conjugal partnership is training and experience. The fusion of the best training
and vast experience is a formidable force that can threat even the most sophisticated technology and syndicated
crimes. The necessity of training as a purveyor of change builds the investigator’s confidence. It widens his vision for
professional growth and strengthens his will to survive and prevail over crises.
The National Forensic Science Training Institute (NFSTI) under the Philippine Public Safety College is the
institution that trains uniformed personnel of the Philippine National Police to become a certified investigator.
1. INFORMATION
It is the knowledge/data which an investigator acquired from other persons and records.
Classes of Information
a. Regular Sources – records, files from government and non-government agencies, news items.
b. Cultivated Sources – information gathered upon initiative of the investigator from informants, vendors,
taxicab driver, GRO, and others.
c. Grapevine Sources – these are information coming from the underworld characters such as prisoners and
ex-convicts.
2. INTERVIEW AND INTERROGATION
INTERVIEW – Is a conversation with a purpose, motivated by a desire to obtain certain information from the
person being interviewed as to what was done, seen, felt, heard, tasted, smell or known.
This is the questioning of a person believed to possess knowledge that is in official interest to the
investigator.
BASIC ASSUMPTIONS
Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not want to.
Therefore, people will have to be persuaded, always within legal and ethical limits, to talk to law enforcers. This
makes interviewing an art.
I.R.O.N.I.C. FORMAT
The interview of a witness can be described by its acronym ‘IRONIC’ which stands for Identity, Rapport,
Opening Statement, Narration, Inquiry, and conclusion.
Identity – prior to the commencement of an interview, the investigator should identify himself to the
subject by name, rank and agency. Except, when there is no need to know the officer’s identity.
Rapport – it is good to get the positive feeling of the subject towards the investigators, such friendly
atmosphere is a vital for both the subject and the investigator t have a better interaction.
Opening Statement – the investigator must have to indicate why the subject is being contracted.
Narration – the witness should be allowed to tell all he knows with little interruptions from the investigator.
Inquiry – after all information have been given by the subject, that is the time for the investigator to as
question to clarify him about the case under investigation.
Conclusions – after the interview, it is but proper to close the interview with outmost courtesy and
thanking the subject for his cooperation.
INTERROGATION –is a questioning of a person suspected of having committed an offense or a person who is
reluctant to make full disclosure of information in his possession which is pertinent to the investigation.
What are the purposes of Interrogation?
a. To obtain confession to the crime
b. To induce the suspect to make admission
c. To learn the facts of the crime
d. To learn the identity of the accomplice
e. To develop information which will lead to the recovery of the fruits of the crime
f. To discover the details of other crimes participated by the suspect
INTERROGATION TECHNIQUES
Emotional Appeal
Place the subject in the proper frame of mind. The investigator should provide emotional stimuli that will
prompt the subject to unburden himself by confiding. Analyze the subject’s personality and decide what motivation
would prompt him to tell the truth, and then provide those motives through appropriate emotional appeals.
Sympathetic appeal
The suspect may feel the need for sympathy or friendship when he is apparently in trouble. Gestures of
friendship may win his cooperation.
Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind and friendly
manner.
Extenuation
The investigator indicates he does not consider his subject’s indiscretion a grave offense.
Jolting
May be applied to calm and nervous subjects by constantly observing the suspects, the investigator chooses
a propitious moment to shout a pertinent question and appear as though he is beside himself with rage. The subject
may be unnerved to the extent of confessing.
CUSTODIAL INTERROGATION/INVESTIGATION – is the questioning of a law enforcement officer on a person
under custody and otherwise deprived of his freedom or liberty. This is the stage in investigation where there is strict
observance of the Miranda Doctrine.
MIRANDA DOCTRINE – this case which entitled Miranda vs. Arizona, is a US Supreme Court
Jurisprudence which laid down the constitutional rights of the accused during custodial investigation. It was
incorporated in our 1973 Constitution and later in the 1987 Constitution of the Philippines.
Rights of person under investigation (Article III, Section 12 of the Phil Constitution)
3. INSTRUMENTATION
It is the application of instruments and methods of physical science to the detection of crimes. In cases
where there are no significant physical evidence to be found, then the use of instrumentation is relatively
unimportant.
1. Identification of criminals
2. Tracing and locating the criminal
3. Gathering of evidence to prove the guilt of the criminal
1. IDENTIFICATION OF CRIMINALS
CONFESSION– is the direct acknowledgement of guilt arising from the commission of a crime.
Types of Confession
CIRCUMSTANTIAL EVIDENCE - facts or circumstances from which, either alone or in connection with other facts,
the identity of the person can be inferred.
1. CORPUS DELICTI– is the body of the crime or fact of specific loss or injury sustained. It constitutes the
essential parts or elements in the commission of the crime.
2. ASSOCIATIVE EVIDENCE – these are the pieces of evidence that will link the suspect to the crime scene.
The suspect may leave some clues at the scene such as weapons, tools, garments or prints.
3. TRACING EVIDENCE – articles which assist the investigator in locating the criminal. Stolen goods in the
possession of the suspect in an example of tracing evidence.
MODUS OPERANDI – is the method of operation by a specific criminal or criminal syndicate. It is a distinct pattern
of how a crime is committed and is established by a series of crimes under one classification. The modus operandi of
one criminal is distinct and different from the other. It is a criminal trademark, logo or brandname.
TYPES OF INFORMANTS
MOTIVES OF INFORMANTS
a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration
SURVEILLANCE – is the secret observation of persons, places,and vehicles for the purpose of obtaining information
concerning the identities or activities of the subject.
SURVEILLANT – is the person who maintains the surveillance or performs the observation.
1. Surveillance of places
2. Tailing or shadowing
3. Undercover investigation or roping
How to conduct surveillance of place?
A careful survey of the surrounding area should be made. The character of the neighborhood, residents
and transient should be noted. The observation point should be selected properly. When observation is conducted
from a ‘plant’, surveillance agents must be extremely careful not to reveal their true activity. Observation maybe
made through a window or other aperture so as to be unnoticed from the outside. Venetian blinds afford the best
coverage, but may appear to be out of place of some buildings. An alternative is to lower the roller of draw shades
another inch from the window. Binoculars are generally essentially equipment of the plants, as they facilitate positive
identification of person entering or leaving the place under and observation. A still or video camera with telephoto
lens can also be used effectively. Agents should take careful notes of what they observe and should record detailed
descriptions of all individuals entering the target. A chronological log is usually the best of recording pertinent
occurrences.
TAILING OR SHADOWING – is the act of following a person, depends on the number of surveillant available,
volume of pedestrian traffic and importance of concealing the surveillance.
METHODS OF SHADOWING
a. One man –extremely difficult and should be avoided, if unavoidable keep subject in view at all times.
b. Two man – two agents are employed to follow the subject.
c. ABC method – reduces the risk of losing the subject, affords greater security agents detection.
d. Progressive/Leap from method – poor chances of obtaining good results, agents are stations at a
fixed point assuming that subject followed the same general route each day.
e. Combined foot-auto surveillance – employment of surveillants on foot and agents in an
automobile.
Common method to elude foot surveillance in which surveillants must be prepared and guard against are
the following:
a. jumping off a bus, trains just as the doors are about to close
b. leaving a building through the rear or side exits
c. losing one self in crowds
d. entering theaters and leaving immediately through an exit
e. pointing out one surveillant to a police to a generally require the agent to explain his action
f. using decoys
g. taking the last taxi at a stand
h. changing clothing
AUTOMOBILE SURVEILLANCE
The methods of auto surveillance to be used depends upon the numbers and type of surveillance vehicles
available, the volume of vehicular traffic in the area, the importance of concealing the surveillance from the subject,
and the subject’s estimated ability to detect and elude surveillance. At all times each vehicle should be occupied by
at least two agents; one to concentrate on driving, and the other to observe, take notes, operate radio equipment, or
to dismount and continue the surveillance on foot.
As in the case of foot surveillance, a subject who believes he is being followed may resort to trickery in
order to verify his suspicions. Some of the common tricks employed:
UNDERCOVER INVESTIGATION – is a form of investigation in which the investigator assumes a different and
unofficial identity in order to obtain information.
DEFINITIONS
a. Undercover- an investigative technique in which the Agent’s/Investigator’s official identity is concealed
to accomplish an investigative mission.
b. Natural cover- using the individual’s true identity, occupation or profession.
c. Artificial cover- the manufacture of documents, false documents, passports, or forged documents.
3. GATHERING EVIDENCE
a. Crime scene can be understood to include all areas in which the criminal, any possible victim and any
eyewitness move during the time the crime was committed.
b. The boundaries must be established so that the entire crime scene can be effectively preserved.
c. In some crimes, however, the crime scene may actually comprise several different sites.
Never touch, move, or alter any object at the crime scene unless it has been photographed, measured, and
sketched from any conceivable angle.
a. Cordon off the crime scene with whatever available materials like ropes, straws, human barricade,
police line, etc.;
b. Evacuate injured persons to the nearest hospital;
c. Prepare to take the “dying declaration” of severely injured person, if any;
d. Prevent entry/exit of persons within the cordoned area; and
e. Prepare to brief the investigator of the situation upon their arrival.
The main objective crime scene photography is to create an accurate objective visual record of
the crime scene before any item ismoved as possible physical evidence.
2. Mid-Range View
Distance: Eight or ten feet from the victim
3. Close-up View – every physical evidence must be photographed in close-up view and for different
angles.
ELEMENTS OF SKETCH
a. Measurement
b. Compass direction
c. Essential items
d. Scale and proportion
e. Legend
f. Title
a. Sketch of Locality- give picture of the scene, the crime and its environs, including neighboring
buildings, roads, etc.
b. Sketch of the Ground- picture of the scene of the crime with its nearest physical surrounding.
c. Sketch in Details – the immediate scene only.
d. Exploded/ cross projection – gives the clear impression of the scene in cases where blood stains or
bullet holes are found.
SKETCHING METHODS
a. Neighborhood sketch
b. Elevation Sketch
c. Floor Plan Sketch
d. Detailed Sketch
TYPES OF MEASUREMENTS
1. Rectangular coordinates method – a sketching method that involves measuring the distance of an
object from two fixed lines at right angles to each other.
2. Triangulation method – a sketching method that requires measuring the distance of an object along
a straight line from two widely separated fixed reference points.
3. Baseline method– a sketching method that makes measurements along from a single reference line,
called a baseline, which can be established by using a length of string, chalk line, or some other
convenient means.
4. Compass point method– a sketching method that requires a protractor or some method of
measuring angles between two lines. One point is selected as the origin and a line extending from the
origin becomes an axis from which the angles can be measured.
5. Cross projection method – a sketching method in which the ceiling appears to open up like a lid of a
hinged box, with the four walls opening outward. Measurements are then indicated from a point on the
floor to the wall.
A crime scene search could only be started after it has been photograph and sketched to systematically look
for physical evidence that may prove useful in establishing that a crime has been committed and to determine what
method of operation the perpetrator may have used.
METHODS OF SEARCH
a. Strip or Line Search Method – the searchers will proceed at the same pace along the path parallel to
one side of the rectangle.
b. Double Strip or Grid Method – is a combination of the strip search and is useful for large crime
scene.
c. Spiral or Circular Method – the searchers will follow each other in the path of a spiral, beginning in
the outside and spiraling towards the center or vice versa in a clockwise or counter clock-wise direction.
d. Quadrant of Zone Method – the area to be searched is divided into four quadrants and each
searcher is assigned to one quadrant.
e. Wheel, Radial or Spoke Method – is applicable for area which is considered to be approximately
circular or oval. The area is then divided into six quadrants in a pie-like fashion.
D. Notes Taking
Note taking must be a constant activity throughout the processing of the crime scene.Notes must include:
a. Detailed written description of the Crime Scene with locations of recovered physical evidence;
b. The time when the physical evidence was discovered;
c. The person who discovered and collected the physical evidence;
d. The time when evidence was packaged and marked; and
e. The disposition of the item when it was collected.
PHYSICAL EVIDENCE – these are the articles and materials which are found in connection with the investigation
and which aid in establishing the identity of the perpetrator or the circumstances under which the crime was
committed or which, in general assist in the prosecution of criminal. It embraces any object, living or inanimate,
solid, liquid, or gas state.
What are the procedures needed for the care of physical evidence?
In order to introduce physical evidence in court, three important factors must be considered: