SPECIAL CRIME INVESTIGATION

Deals with the study of major crimes based on the application of special
investigative techniques. It also the study concentrates more on
physical evidence; it’s collection, handling, chain of custody,
identification, and preservation in coordination with the various
criminalists in the crime laboratory.
Criminal Investigation - The collection of facts in order to accomplish
the three-fold aims – to identify the guilty party, to locate the guilty
party, and to provide evidence of his (suspect) guilt.

It also refers to the art and science of collecting, processing, and

analyzing information and facts associated with and for the purpose of
the following:
1. To identify the offender/s
2. To locate the offender/s
3. To provide evidence that determines the guilt of the offender/s.

What is arrest?
Arrest is defined as - “the taking of a person into custody in order that
he may be forthcoming to answer for the commission of an offense”.

How arrest is made?

Arrest is being made by an actual restraint of a person to be arrested or
by his/her submission to the custody of a person making the arrest. No
violence or unnecessary force shall be used in making an arrest. The
person arrested shall not be subjected to a greater restraint than is
necessary for his/her detention.
What is the duty of the arresting officer?
It is the duty of the officer executing the warrant to arrest the accused
and deliver him to the nearest police station or jail without unnecessary
delay.

Execution of Warrant
Warrant of arrest shall be executed within ten (10) days from its
receipt. Within ten (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 his failure to execute the
warrant, he shall state the reasons therefore.

When an arrest without a warrant is lawful?

A peace officer or a private person may, without a warrant, arrest a
person when:
1. In his presence, the person to be arrested has committed,
is actually committing, or is attempting to commit an offense;
2. An offense has 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;
and
3. The person to be arrested is a prisoner who has escaped
from a 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 the
another.
In cases falling under paragraphs 1 and 2, the person arrested without a
warrant shall be delivered to the nearest police station or jail and shall
be proceeded against in accordance with section 7 of rule 112.

Arrest after escape or rescue

If a person lawfully arrested escapes or is rescued, any person may
immediately pursue or retake him without a warrant at any time and in
any place within the Philippines.

Right of attorney or relative to visit the person arrested

Any member of the Philippine Bar shall, at the request of the person
arrested or of another acting on his behalf, have the right to visit and
confer privately with such person in the jail or any other place of
custody at any hour of the day or night subject to reasonable
regulations. Relative of the person arrested can also exercise the same
right.

What is search?
The term search “refers to the 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.

What is seizure?
It refers to the confiscation of personal property by virtue of a search
warrant.
What is a search warrant?
It 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 and seized particular item and bring it
before the court.

What personal properties may be the objects of a search warrant?

1. Properties subject of offense;
2. Stolen, embezzled, and other proceeds, or fruits of the offense;
3. Used or intended to be used as a means of committing an
offense;
4. Any items that are illegal per se.

Application of search warrant

All applications for search warrants shall be approved for filing by the
Chief of Police.
The application shall indicate the following data:
1. Office applying for a search warrant;
2. Name of officer applicant;
3. Name of subject, if known;
4. Address/place(s) to be search;
5. Specific statement of things/articles to be seized; and
6. Sketch of the place to be searched.
Court where application for a search warrant shall be filed
Application for a search warrant shall be filed with the following:
1. Any court within whose territorial jurisdiction a crime was
committed.
2. For compelling reasons stated in the application, any court
within the judicial region where the crime was committed if the
place of the commission of the crime is known, or any court
within the judicial region where the warrant shall be enforced.
However, if the criminal action has already been filed, the
application shall only be made in the court where the criminal
action is pending.

Requisites for the issuance of a search warrant:

A search warrant is issued only upon probable cause in connection with
one specific offense to be determined personally by the judge after
examination under oath or affirmation of the complainant and the
witnesses presented. The search warrant particularly describes the
place to be searched and the things to be seized which may be
anywhere in the Philippines.

Validity of search warrant

The warrant is valid for ten (10) days from the date of its issuance.
Thereafter, it shall be void. If, in the implementation of the search
warrant, its object or purpose cannot be accomplished in one day,
the search can be continued the following day, or days, until
completed, provided it is still within the ten (10) day validity
period of the search warrant.
 If the object or purpose of the search warrant cannot be
accomplished within the ten (10) day validity period, the
responsible police officer conducting the search must file, before
the issuing court, an application for the extension of the validity
period of said search warrant.

Time of search
The warrant must direct that it be served in the daytime unless
the affidavit asserts that the property is on the person or in the
place ordered to be searched, in which case a direction may be
inserted that it be served at any time of the day or night.

Valid search and seizure without warrant

1. Search made incidental to a valid arrest
A person lawfully arrested may be searched without warrant
for dangerous weapons or anything which may be used or which
may constitute proof in the commission of an offense.
2. Search for moving vehicles
If the officers who will be conducting the search have reasonable
or probable cause to believe that the motorist, before the
search, is law offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to be searched, the
vehicle may be stopped and subjected to an extensive search.
3. Seizure of evidence in plain view
Any object in the plain view may be subjected to seizure and may
be introduced as evidence.
Requirements of plain view doctrine:
a. The police officer must have prior justification for an
intrusion or, otherwise, must be in a position from which he
can view a particular area.
b. The discovery of the evidence in plain view is
unintentional.
c. It is immediately apparent to the police officer that the
item he observes may be evidence of a crime, contraband,
or is otherwise valid subject for seizure.
4. When there is a waiver of the right or search is consented
To constitute a waiver of this constitutional right, it must appear,
first, that the right exists; secondly, that the person involved had
knowledge, either actual or constructive, of the existence of such
right; lastly, that said person had an actual intention to relinquish
the right. Thus, where the accused voluntarily surrendered
his gun, he cannot claim illegality of seizures.
5. Searches under the stop-and-frisk rule
The designation of the right of a police officer to stop a
person on the street, interrogate him, and pat him for weapons
whenever the officer has observed unusual conduct which
convince him that a criminal activity may be committed by the
subject.
6. Emergency and exigent circumstances
In cases of exigent and emergency situation and the police officers
has reasonable ground to believe that a crime has been
committed, and there is no opportunity to apply for a search
warrant from the courts because the latter were closed.
 7. Tipped information
If the police officers have reasonable grounds to believe that
the subjects are engaged in illegal activities, the tipped
information is sufficient to provide probable cause to affect a
warrantless search and seizure.
8. Customs search
Under the Tariff and Customs Code, searches, seizures, and
arrests may be made even without a warrant, for purposes of
enforcing customs and tariff laws.
9. Search made pursuant to routine airport security procedures
which are authorized under Section 9 of Republic Act No. 6235
“SEC. 9. Every ticket issued to a passenger by the airline or
air carrier concerned shall contain among others the
following condition printed thereon: "Holder hereof and his
hand-carried luggage (s) are subject to search for, and
seizure of, prohibited materials or substances.”

What is a raid?
A raid is a surprise invasion of a building or area. It is a small-scale
attack on a limited territory.

What is the legal basis for a raid?

Raid to be legal there must be a search warrant or warrant of arrest.

What are the objectives of the raid?

 1. To affect an apprehension.
2. To obtain evidence of illegal activity by surprising the offenders
in flagrante delicto.
3. To recover stolen property.

Planning the raid

The success of a raid depends upon intelligent planning and competent
implementation. To achieve the necessary element of surprise, the
operations must be performed surreptitiously and with speed.
1. The terrain and buildings should be subjected to close study.
2. In order to obtain the necessary data for planning, a
reconnaissance/surveillance of the place should be conducted.
3. The participants should be informed of the nature of the
mission.
4. The specific assignment and position of each of the raiding
parties, the tactics to be employed, the equipment and
transportation to be used, the evaluation of possible danger
points, and the optimum time to be selected should be stressed.
5. Things to consider when planning a raid:
a. Need for surveillance
b. Number of individuals to be apprehended. Are they
armed? If uncertain, assume that they are armed.
c. Are photographs and descriptions of subjects available
for use in the briefing?
d. Determine the physical structure of the place where
the criminals are located.
e. Determine all possible escape routes.
f. Need to discreetly photograph the place's immediate area.
g. Type of neighborhood where the hideout is located.
h. Volume and kind of activities in the neighborhood at
various times to determine the most desirable time to
conduct the raid.
i. Street plans of the neighborhood for possible roadblocks.
j. Do the men have confidence in the ability of the raid
leader?
k. Consider the following:
1. Speed (in into position and the execution plan)
2. Surprise (catch subjects off-guard)
3. Simplicity (a plan that is easy to remember and
understand to avoid confusion)
l. Consider dividing the raiding party into:
1. Cover group (moves into position on first, covers
advance of raiding group and avenues of escape)
2. Raid group (disarms and restrains subject, searches
premises, secures evidence, etc.)
m. Does every member of the raiding groups knows the raid
plan completely? The identities and duties of all?
n. What is your move-out plan?
o. What are the instructions concerning the use of firearms?
p. How do you identify each other? Armbands, passwords,
insignia, etc.
q. Make sure your plan avoids crossfires.
r. Do you have all the equipment you might need such
as: flashlights, searchlights, vehicles, transceivers,
loudspeaker (public address system), firearms, teargas,
etc.?
s. Ask each participant to repeat his duties to the raid
leader.
Factors affecting the success of effectiveness of raid:
1. Size of raiding party
2. Speed
3. Surprise
4. Superiority of arms
5. Simplicity of plan and operation