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ARREST

The conduct of investigation is nothing without arresting the perpetrator of the crime. Arrest is referred
to as the taking of person suspected to have committed an act to which the law defines it as a crime into
the custody of any law enforcement agencies who has authority to do so in order to answer queries in
line with matters concerning the commission of the crime.

Legally, the Rules of Court (Section 1, Rule 113) define arrest as the taking of person into the custody of
law in order that he may bound to answer for commission of offense.

WARRANT OF ARREST

In the course of investigation, if the identity of the person suspected to have committed a crime was
already established and the evidence of guilt pointing him/her as the perpetrator of the crime is strong,
then investigators should secure a warrant to arrest the person.

Warrant of Arrest is defined as a document from court ordering and directing any law enforcer to
apprehend and detain any person whose name will appear in the warrant for him to answer matters
regarding the commissions of a crime. Any person suspected to have committed a crime can only be
lawfully arrested after securing a warrant.

However, a person can also be lawfully arrested by virtue of warrantless arrest. Warrantless arrest is
defined as the arrest made by any law enforcer without the benefit of a warrant. Arrest without a
warrant is possible provided that either of the following circumstance is present:

1. That the person to be arrested is about to commit, actually committing, or have just committed an
act to which the law defines it as a crime in the presence of the person who will make the arrest (In
Flagrante Delicto):

2. That the person to be arrested have committed an act to which the law defines it as a crime and the
person making the arrest have probable cause that the same person is probably guilty of a crime.
Probable cause simply means as a reasonable bases to establish a well-founded belief that the person
may have committed an act to which the law defines it as a crime (Hot Pursuit); and

3. That the person to be arrested is one who escaped from penal confinement (Escapee).

Furthermore, inquest proceeding will be done if the person was arrested without the benefit of the
warrant. This is conducted to ensure that the arrest made is legal and in accordance with the law.
Inquest is defined as the informal and summary investigation conducted by public prosecutor in a
criminal case involving persons arrested without the benefit of a warrant to determine if the person so
arrested should remain under custody and be charged accordingly.
RULES IN MAKING ARREST

In making arrest, the Rules of Court provides the following guidelines such that:

1. It should be made by an actual restraint of a person to be arrested or,

2. By submission of the person to be arrested to the custody of any person making the arrest.

It must be noted that in the event of arresting the suspect allegedly to have committed a crime, the
person making the arrest should observe:

1. not to use any unnecessary force and

2. use only the force necessary to arrest the person.

Any form of violence is not allowed also, since it may cause the physical evidence to be incompetent and
therefor, inadmissible as evidence during court presentation.

EXECUTION OF WARRANT

After a warrant has been issued by the honorable court, any law enforcer directed to cause its execution
shall exhaust all the remedies to arrest the person whose name appears in the warrant. Execution of a
warrant simply means as carrying out the duty to find the person whose name was written in the
warrant and cause his arrest and detention.

In executing the warrant, the following should be observed:

1. A warrant can be executed either during the day or night;

2.. The person making the arrest shall inform the person to be arrested that a warrant has been issued
for his arrest; and

3. It must be executed within 10 days from the moment it was received;

However, the person making the arrest shall proceed with the arrest of the person even without
informing him of the cause of arrest or that a warrant issued for him to be arrest provided that either of
the following is present:

1. The person flees;

2. The person forcibly resisted; or

3. It will hamper successful arrest of the person.

Moreover, if the person whose name appeared in the warrant cannot be located or traced within 10
working days upon its receipt, the law enforcer task to execute the warrant shall make a report to the
judge who issue the same, explaining the reason/s for the failure to arrest the person within the time
given by the court.
CUSTODIAL INVESTIGATION AND DETENTION

Any person arrested and brought before the custody of the law is presumed innocent until proven to be
guilty. Thus, a person has the same right as any ordinary individual in order to protect the interest of an
ordinary individual as well prevent any abuses from law enforcers. These rights must be observed as any
violations may result to the dismissal of the case.

These rights provided by the state was originally founded in the case of ERNESTO MIRANDA vs. the State
of ARIZONA such that the Court dropped his conviction for kidnapping and rape for failure of police
officer conducting the investigation to inform and recite hi legal rights prior to confession during
custodial investigation.

In Philippines, the right of the person arrested is originally defined under the Bill of Rights of the 1987
Philippine Constitution (Section 12, Article III) such that any person lawfully arrested and under
investigation for the commission of a crime shall have the following rights:

1. Right to remain silent;

2. Right to have independent and competent counsel, preferably of his own choice; and

3. Right to know the nature and the cause of accusation against the person accused.

In additional to the above rights, the state enacted the statutory law Republic Act 7438 which
provides further the process of obtaining a confession to any person detained or under custodial such
that:

1. The person detained or under custodial investigation shall be assisted by a counsel at ball times;

2. The recital of his rights shall be in dialect known and understood by the person detained or under
custodial investigation; and

3. The custodial investigation report shall be reduced into writing by the investigation officer and
must explained to him by his counsel before it will be signed by the same.

In like manner, any extrajudicial confession made by the person arrested or detained shall be in writing
and signed in the presence of his counsel. Take note, extra judicial confession is a confession made by an
arrested or detained person while under the custody of law and is done outside the court.

Moreover, custodial investigation is the issuance of an invitation to the person suspected to have
committed a crime who at the same time brought before the custody of law in order to answer matters
regarding the commission of a crime without jeopardy to the liability of the person for any violations he
may commit. On the other hand, custodial investigation report is the document prepared by the
investigating officer during the investigation process containing all necessary information about the
confession of the person brought before the custody of law.
Arbitrary Detention

Arbitrary detention (Title II, Book 2, Act 3815) is a crime against the fundamental law of the state,
committed by any public officer or employee in any of the following:

1. Detention of any person without legal rounds (Article 124);

2. Delay in the delivery of detained person to the proper judicial authority (Article 125); and

3. Delaying Release (Article 126).

In relation to arrest, any person arrested without the benefit of a warrant (warrantless arrest) shall be
released subject to the gravity of the offense he is suspected to have committed such that:

1. 12 hours, if the person committed a light felony;

2. 18 hours, if the person committed a less grave felony; and

3. 36 hours, if the person committed a grave felony.

Any police officer who will not observe or fail to observe the following number of hours shall be charged
for arbitrary detention under Article 125 of the Revised Penal Code.

INVESTIGATIVE INTERVIEW

In order to attain a productive investigation, investigators must be knowledgeable and skilled in


gathering information. Take note that information is any data gathered in the course of investigation
which will serve as a foundation in solving the case. One way of gathering information is done through a
successful interview of witnesses, complainants or victims, and interrogation of suspects or any person
accused of a crime. Normally, however, investigator start conducting field inquiry towards any individual
upon his arrival at the crime scene. Field inquiry simply means as the general questioning of all people
present in the crime scene. This is done in order to give investigator an idea as to the extent of the crime
committed.

Take note that interview differs from interrogation such that interview is a form of questioning among
person who have knowledge regarding the commission of a crime while interrogation is a questioning
style which involves the use of strong appeal or aura in order to gather information among persons who
may have direct involvement of the crime. Also, interview is commonly done among witnesses,
complainants and victims of the crime while interrogation is usually done among person suspected to
have committed a crime or those hostile witnesses. Take note that this are those witnesses who are
uncooperative and do not wish to provide information necessary for the prosecution of the case.

CHARACTERISTICS OF PRODUCTIVE INTERVIEW

The capacity to gather information relies heavily on the skills and competency of the investigators. Take
note that the skills of the investigators refer to his technique employed, manner of approach and timely
decision in doing the interview while competency refers to the knowledge earned through experience
and training. Moreover, investigators must also possess the following characteristics in order to become
a successful interviewer such that:

1. Self-reliance- this means that investigators must be confident in doing the interview while at the same
time conscious in listening to the interviewee. Interviewee is the person placed under interview;

2. Adaptability- this means that investigators must be flexible in different situations and be able to do
the interview at the interviewee`s convenience;

3. Perseverance- this means that investigators must be endure all obstacle that may come before the
process of interviewing the interviewee;

4. Optimistic- this means that investigators must be positive in dealing all possible interviewee`s that
may be called before him; and

5. Patience- this means that investigators must exert all possible effort to maintain a good attitude in
handling the interview as well as the ability to work under pressure.

RULES IN INTERVIEW

Gathering information relevant to the case does not only include the skills and competency of the
investigator but as well as the proper and timely preparation in doing interviews. Keep in mind that
interviewers should be versatile or flexible in handling different types of personality as this will allow
him to gather relevant facts in line with the commission of the crime. Some of these important things
that investigators must remember are as follows:

1. Case review- investigators must review the relevant facts about the case before proceeding with the
interview of the interviewee. This will allow him to capture all the necessary detail while doing the
interview as well as prevent the loss of vital information to which the interviewee possess;

2. Build rapport- this means that the investigator needs to communicate properly and bring the
interviewee to attention in establishing a good communication in order to proceed with cognitive
interview. Take note that rapport refers to the good relationship established between interviewer and
interviewee as a result of their mutual understanding in solving the case. As an effect, investigators can
do the cognitive interview wherein interviewee can provide all the relevant facts of the case under
investigation through narration of his accounts and upon the aid of effective interviewing techniques;

3. Simple question- this means that investigators should not allow the interviewee to be confused.
Confusing questions make it difficult for the interviewee to understand and provide accurate answer;

4. Avoid implied answer- this means that investigator must not allow a question answerable by either
“yes or no”. If that is the case, this will limit the perspective of the interview and investigators may omit
some important facts of the case;

5. Avoid Leading question- as much as possible, avoid leading questions as this will redirect
interviewee`s mind and will focus only to matters which investigators ask. However, this may be useful
in interviewing child witness;

6. Do not ramble- this simply means that investigators should ask one question at a time; and
7. Good closure- this means that investigators should be courteous and kind to the interviewee as a
further set of interview is possible. Do not allow interviewee to put grudge against you.

Moreover, in dealing with multiple suspects, investigators should remember to separate them
immediately as this will create the suspects to create a strong alibi. Alibi is defined as a form of
explanatory statement made by the suspects in order to exclude him from being investigated or to give
justification for his presence or absence in a certain situation which has a logical connection to the case.

INTERROGATION

Successful investigation of the case cannot be done without the suspect being interrogated. Since
interrogation of suspect is the usual and classic done to obtain strong information, however,
investigators should be skilled enough as it is expected that the suspect will not speak anything which
will implicate them to the crime they have committed.

PRELIMINARY PREPARATION

Investigators should identify himself before the conduct of interrogation and must allow the subject to
know the purpose of the same. The term subject refers to the person who is placed for interrogation.

As discussed in the previous chapter, the subject here must be appraised of his constitutional rights as
any confession made without such appraisal will be inadmissible as evidence in court.

INTERROGATION TECHNIQUES

Interrogation techniques refers to the method employed by the interrogator in questioning and eliciting
relevant facts necessary for the conviction of the suspect.

In addition, investigators must employ appropriate and suitable interrogation styles depending on the
type of suspects. Some of these techniques are;

1. Strong approach- interrogator project a hostile personality toward the subject to create anxiety and
fear in order to confess.

2. Friendly approach- interrogator manifests a sign of friendliness and offer help toward the subject.

CONFESSION AND ADMISSION

The main objective of interrogation is to obtain confession from the subject. Confession is defined as the
direct acknowledgement of the suspect with respect to his participation concerning the commission of a
crime. As opposed to admission, which is defined as the acknowledgement only of some elements of the
crime and is not tantamount to the confession.

In order for a confession to become valid, the following requirements must confer such that:

1. The person making the confession must be praised of his constitutional rights as provided by the
Miranda doctrine such that he has the right to remain silent and anything he will say can be used against
him, and be provided with an independent and competent counsel;
2. If the person making confession waive his right, it must be done upon a valid waiver with the
assistance of counsel. Waiver refers to a document signed by the person making the confession
renouncing all his rights as provided by the constitution; and

3. There was no third degree use. Third degree simply means as the use of physical force, intimidation,
threat, or any other similar means done to obtain confession.

However, Miranda warning need not to be applied in cases where the confession was done voluntarily
or made spontaneously such that:

1. The person was running to the police station and suddenly spoke out that he killed a person;

2. The person who subjected to for fingerprint or be taken handwriting sample or doing a lineup for
sobriety test;

3. Field questioning or in the crime scene;

4. Roadside questioning or any traffic stops; or

5. Any other minor violations.

INFORMATION

The term information was consistently mentioned in the previous chapters. Technically, it refers to the
element of investigation necessary for gathering and collection of data to include its progress as it
moved forward in solving the case. As opposed to its legal perspective, information is defined as
accusation in writing, charging a person with an offense, subscribed by the fiscal, and filed in court.

In connection to intelligence, information is simply the “raw data”. This simply implies that in the aspect
of intelligence, information are just pieces or its part. These pieces of information are useless without
being analyzed and evaluated so that they can be disseminated and used by appropriate person. In
contrast with information, intelligence refers to collated, analyzed, and evaluated information
appropriately acquired for a particular purpose.

SOURCE OF INFORMATION

Source of information is the network of data which can be linked or grouped in order to obtain a
concrete and reliable information based on the prevailing need or as the need arises. Some oh these
common source are:

1. People as source information

a. Regular source- these are information gathered through people who have come directly to the
attention of the police commonly the complainant, witness or victim.

b. Cultivated source- these are information generally taken through the use of informant or informer.

c. Grapevine source- these source of information are gathered from those who are in the underworld
criminals or ex-convicts.
2. Record as source of information

a. Government source- these are sources taken from government agencies or any of its instrumentality.

b. Private source- these source of information are usually taken from different private entities and
business organizations, public utilities such as water or electric bills, and all other private sectors.

c. Internet source- this modern source of information is done through searching specific detail by typing
the desired key or phrase in the different search engine.

TYPES AND MOTIVES OF INFORMANT

Technically, the term informant refers to any person who possess knowledge regarding crime, criminal
syndicate, or ongoing criminal activity and provides information with the police with or without
consideration. It usually used interchangeably with the term informer, However, the informer refers
most specifically to those persons who are recruited or hired and paid in a regular basis just to provide
information.

Below are the common types of informants:

1. Anonymous- these are unidentified or unknown informants and usually provide information to the
police through telephone or cellphones.

2. Double-crosser- these are those informants who provide information in order also to gain information
from the police. Worst, they acquire more information than what they give.

3. False informants- these are those informants who provide false information or information without
bases.

4. Frightened informants- an informant s who provides information due to panic or anxiety.

5. Legitimate- these are those informants who provide information voluntarily to the police.

6. Mercenary- these are those informants who provide information in exchange for a reward, whether
for money or any other consideration.

7. Self-aggrandizing- an information who provides exaggerated information to the police in order to gain
advantage or attention.

8. Women- these are the most dangerous and difficult type of informants against male subjects.

In addition, below are the common motives of the informant in providing information such as:

1. Civic-mindedness- informant provides information as a sense of duty and obligation to assist the
police.

2. Fear- the person gives information due to oppression by enemies or other impending danger.

3.Gratitude or gain- informant provides information to obtain a privilege toward the welfare or his
family.
4. Jealousy- the informant is pushed to provide information to the police due to his resentment to the
accomplishments or possessions of another.

5. Remuneration- a person informs the police for some pecuniary or other material gain he is to receive.

6. Repentance- the informant provides information as a sign of regret for what he has previously done.

7.Revenge- vengeance or retaliation is the sole purpose of the person is providing information to the
police.

8.Vanity- the person wants to gain favorable attention and importance from the police.

LEGAL LIMITATIONS IN OBTAINING INFORMATION

The power given by the state to police officers in gathering information is so huge that it may be prone
to abuse. To protect the privacy of an individual citizen, the law prohibits certain police actions such as
the following:

1. Republic Act 4200 (Anti-Wiretapping). Under this law, the following acts are prohibited:

A. Tapping any wire or cable

b. Using any other device or arrangement;

c. To secretly overhear, intercept, or record;

d. Private communication/conversation or spoken word; or

e. Without the knowledge or consent of all the parties.

2. Republic Act 10173 (Data Privacy Act). Under this law, the following acts are prohibited:

a. Unauthorized processing of personal information;

b. Accessing personal information due to negligence;

c. Improper disposal or personal information;

d. Processing of personal information for unauthorized purposes;

e. Unauthorized access or intentional breach;

f. Malicious disclosure; and

g. Unauthorized disclosure.

Take note, under the same law RA 10173, it defines personal information as any information whether
recorded in a material form or not, from which the identity of an individual is apparent or can be
reasonably and directly ascertained by the entity holding the information, or when put together with
other information would directly and certainly identify an individual.

THE CHARACTERISTICS AND CONTEXT OF INTELLIGENCE


In line with the intention of successful criminal investigation, intelligence is at par one requirement that
needs to be satisfied and be given attention. Even in history, intelligence plays an important role in the
success of every war. In like manner, the success of every war demonstrates and shows how information
was gathered and collected correctly and precisely.

In modern times, intelligence is used primarily to crack down organized crime, defend from enemy
attacks, and aid in the progress of either covert or overt operation. Overt investigation simply means as
operation conducted openly while covert investigation in contrast is an operation conducted in
clandestine manner. Clandestine simply means as secret. Considering that intelligence is the backbone
of police operation, then no operation should be made without successful and accurate intelligence.

In addition, it must be noted that intelligence is not used in line with the different police operation but
also in improving the political, economic, and sociological advantage of the nation. Apart from that, take
note, that intelligence should possess the following characteristics as it serves its purpose. If not, any
information gathered will be hampered or might acquire false information. As whole, any operation or
activity might be jeopardized.

1. Intelligence and operation are independent

As intelligence provides valuable inputs for the effectiveness of police operation, in like manner,
operation provides for the continuity of intelligence activities.

2. Intelligence is continuous

This implies that intelligence must not be disrupted and must be continuous following simple cycle
from the time information is being collected in response to the need, up to the time it will be processed
and disseminated to appropriate person.

3. Intelligence must be useful

This means that intelligence must meet the commander’s need and should be relevant to the current
operation.

4. Intelligence must be available on time

Intelligence must be communicated and disseminated to appropriate person in time as information


that is too advance or late as useless.

5. Intelligence operations require imagination and foresight

Intelligence must be forecasted based on prudence with the intuition that information is possible to
be collected from a particular source.

6. Intelligence must be flexible

It must be noted that intelligence is adaptable to every situation of all kind as operation might vary
depending on the purpose and occasion.

7. Intelligence requires continuous security measures


Take note to deny unauthorized disclosure or relevant information to enemy as well as provide
protection in handling classified materials.

SCOPE OF INTELLIGENCE

Intelligence also covers a wide range of areas in its application. It might be a network of information
concerning national policy and national security which is known as National intelligence. It could also be
collected, analyzed, collated and evaluated information concerning criminal investigation, criminal
syndicate, organized crimes, and other police problem which are known as Police intelligence. Those
information regarding military activities which is at the same time essential to the different military
operations is known as Military intelligence. Lastly, it could also be Departmental intelligence, which
refers to information needed by all the department agencies in the execution of government plans and
programs.

In the area of police intelligence, it includes criminal intelligence, internal security intelligence, and
public safety intelligence. Criminal Intelligence (CRIMINT) refers to the knowledge essential to the
prevention of crimes and the investigation, arrest, and prosecution of criminal offenders. Internal
Security Intelligence (INSINT) refers to the knowledge essential in the maintenance of peace and order.
Lastly, Public Safety Intelligence (PUSINT) which refers to the knowledge essential in ensuring the
protection of lives and properties.

As to the typology of police intelligence, it could either be strategic intelligence or line intelligence. This
pertains whether an intelligence value is designed for future or immediate use. Strategic intelligence is a
type of intelligence that is long range in nature and requires a longer period of time before being
materialized and fully available. It is an intelligence data that are not of an immediate value. It is usually
descriptive in nature, accumulation of physical description of personalities and modus operandi. It does
not have immediate operational value, but rather long range that may become relevant to future police
operations.

Line intelligence on the other hand is a type of intelligence that is immediate in nature and can be
available or developed within a short period of time. It is the kind of intelligence required by the
commander to provide for planning and conduct tactical and administrative operation in
counterinsurgency. This includes knowledge of People, Weather, Enemy and Terrain (PWET) which in
fundamental in planning and conducting tactical and administrative operation in counterinsurgency.

People includes the living condition of the people, source of income, their education, government
livelihood project, and the extent of enemy influence to the people. Weather refers to the visibility,
cloudy, temperature, precipitation (rain) or windy of the climate. Enemy as the term suggest, refers to
the study of location, strength, disposition, tactical capability, and vulnerability of the enemy. Terrain
includes relief and drainage system, vegetation, surface material, manmade features and some military
aspects of terrain which includes cover and concealment, obstacle, critical key terrain features,
observation and fields of fire, and avenues of approach.

COUNTERINTELLIGENCE
Counter intelligence is a type of intelligence employed to protect the interest and safeguard lives,
property and important information against possible entry or infiltration of enemy forces from being
lost, destroyed or stolen. In police parlance, this includes denying and blinding enemy about police
operation as well as giving the police officer the opportunity to gather information without being
detected. This is also the phase of intelligence covering the activity devoted in destroying the
effectiveness of hostile foreign activities and the protection of information against the following:

1. Espionage- refers to the stealing of vital information either physical or in electronic form;

2. Subversion- the recruitment of person who is working within an organization or employment of any
person to an organization who will work secretly in an attempt to undermine or overthrow its current
system;

3. Sabotage- refers to the stealing of properties or destruction of any material in order to hamper or
cause delay in the preparation or regular working duties.

Moreover, the application pf counterintelligence is best appreciated in providing Military Security as it


provides the commander the necessary measures to be taken to protect itself against espionage, enemy
operation, sabotage, subversion or surprise. In Port Frontier and Travel Security, counterintelligence aids
in protecting the point of entry and departure in international borders or boundaries. In the field of Civil
Security, counterintelligence helps in providing measures that affect nonmilitary nationals who are
residing in an area either permanently or temporarily. One of the best application also of
counterintelligence is the Censorship, as this aids in controlling the movement of the different person
particularly those who are expected to destroy any government institutions or projects. In the conduct
of Special Operations, counterintelligence also provides protection against counter subversion,
sabotage. and espionage.

In the field of Counter intelligence (CI) Operation, it could either be Counter Human Intel, Counter
Imagery Intel or Counter Signal Intel. Counter Human Intel (HUMINT) seeks to overcome enemy
attempts to use human source to collect information or to conduct sabotage and subversion. Counter
Imagery Intel (IMINT) are actions such as surveillance radar, photo thermal and infrared systems and
rely heavily on pattern and movement analysis and evaluation of the enemy. Lastly, Counter Signal Intel
(SIGINT) which determines enemy SIGINT and related enemy weaknesses, capabilities and activities,
assess friendly operations to identify patterns, profiles and develop, recommend and analyze
countermeasures.

In providing providing protection to vital information, the type of counterintelligence that could be
utilized is either through passive or active measure. Passive CI Measure include protection of classified
and sensitive information to the unauthorized individual through secrecy, communication security, and
other various safeguards. Active CI Measures on the other hand, are those measure that actively block
the enemies’ effort to gain information or engage in espionage, subversion, and sabotage.

In addition, the concept of counterintelligence does not only limit to the protection of vital information
or to hide ones identity from the enemy but also includes detection, prevention, and neutralization of
enemy activities. Detection is about knowing the clandestine operation of the enemy. Prevention is
about avoiding enemy attacks or infiltration while neutralization is the suppression of enemy activities.

To sum up, counterintelligence is very significant to but not limited to the following such that:
1. Denying information to the enemy;

2. Reducing the risk of a command;

3. Protecting vital information and property;

4. Increasing security force; and

5. Decreasing the enemy’s ability to create plan against the organization.

What type (passive or active) and concept (detection, prevention, neutralization) of counterintelligence
is shown below:

1. Infiltration to the enemy

2. Background investigation

3. Obtaining information against enemy movement

4. Censorship

5. Using volts for classified documents

6. Separation of classified information to restricted area

7. No entry policy

8. Employment screening

9. Using passwords

10. Periodic testing of personnel

INTELLIGENCE CYCLE

Intelligence Cycle is defined as the process of obtaining information which includes proper procedure
and sequence of steps starting from planning, collection, collation, and the dissemination of information
to appropriate persons. Intelligence cycle is important as it provides the necessary details in attaining
the mission. Mission is the purpose why intelligence should be gathered and used to particular
undertaking. This is considered as the heart of the intelligence cycle.

Planning

Dissemin
ation MISSION Collectio
n

Collation
Planning Phases

In intelligence cycle, planning is defined as the process of determining the extent and scope of the
needed preparation which includes the supervision of the collection of information and other
requirements based on the standard priorities.

In planning for the collection of information, the following factors should be considered such as:

1. Source of information

2. Operation of the command;

3. Characteristics of the enemy; and

4. Methods in gathering information.

Source of information pertains to the individual or group, association or entity which may possess
possible information to which an individual desires to be gathered. Operations of command is the
manner how the collecting agency and even the agency upon which data will be gathered acts or works
for a particular purpose in order to determine the needed preparation or security. Characteristics of the
enemy refers to the capabilities, power, influence, and connections of the enemy force or upon any
person to whom the data to be collected shall be directed or used. Methods in gathering of information
simply refer to the different approaches as to how information shall be gathered or collected. This will
help intelligence officer to provide the necessary Essential Elements of Information (EEI). These are
information pertaining to the target area which the commander feels he need before he can arrive with
an accurate decision.

In addition, collecting agency refers to any organization, entity, association or individual person that
collects and gathers the needed information through an intelligence officer. Target area refers to any
individual, group, association or entity that subjected to for operation or intelligence gathering.

COLLECTION PHASE

In intelligence cycle, collection refers to the information gathering done in compliance with established
procedure to avoid detection and penetrate successfully.

In collecting information, the following factors should be considered such as:

1. Who will collect the information

2. What information will be collected;

3. Where are the places whereby information shall be collected;

4. When is the right time to gather the information;

5. How this information shall be collected; and

6. Why this information should be collected?


Take note that since the collection and gathering of data is a cycle, any information gathered or
collected to which the intelligence officer find less value or no value at all shall be recorded and, if
possible, preserved as it may be used for future endeavors.

In selecting the collecting agent, the following factors should be considered:

1.The placement or access to the information;

2. The capability to gather the information;

3. The number of people who will gather the information; and

4. The strength and security of the target area.

Collection Phase

In intelligence cycle, collation refers to the process involved in evaluating the accuracy and reliability of
the information collected. Reliability means judging the source of information while accuracy simply
means the level of truthfulness of the information collected.

In collation stage, all collected information will undergo the following:

1. Recording- refers to the systematic sorting of all documented information and present them either in
writing or some other form of presentation so that they can be analyzed and studied for future action.

2. Analysis- the collected information is divided into different components; and isolate those that are
relevant to the mission or those that has intelligence value which includes looking into the source of
information, truthfulness of the information and who provides the information.

3. Evaluation- refers to the assessment of information done to determine the reliability of the source
and providing judgement in line with accuracy to determine its truthfulness as well as its pertinence to
the current situation.

ABLE 1. RELIABILITY AND ACCURACY TABLE


RELIABILITY OF ACCURACY OF SOURCE OF
INFORMATION INFORMATION INFORMATION
T-Direct Observation by Commander
A-COMPLETE RELIABLE 1-CONFIRMED by the other source of Unit

U-Report by DPA or Resident Agent


B-USUALLY RELIABLE 2-PROBABLY TRUE

V-Report by PNP/AFP Troops


C-FAIRLY RELIABLE 3.-POSSIBLY TRUE
W-Interrogation of Captured Enemy
D-NOT USUALLY RELIABLE 4-DOUBTFULLY TRUE
X-Observation of gov't/civilian
employee

E-UNRELIABLE 5-IMPROBABLE
Y-Member populace

F-REALIBILITY connot be judged 6-TRUTH cannot be judged Z-Documentary

4. Integration- is the combination of all those isolated information from various source to produce a new
information necessary for the success of the mission.

5. Interpretation- is the process involved in providing meaning and significance of new information

6. Synthesis- provide conclusion based on the new information generated in relation to the current
situation.

DISSENMINATION PHASE

In intelligence cycle, dissemination refers to the actions taken to transfer processed information to
appropriate persons. Extra care should be considered in disseminating information and should be based
on the “need to know principle”. Meaning, information or those that had already intelligence value
should only be passed, handed, and disseminated among persons who have the personality to know or
acquire the same.

In line with dissemination, the intelligence can be disseminated in any of the following:

1. Fragmentary orders from top to bottom of the command

2. Memorandum, circulars, special orders

3. Operations order, oral or written

4. Conference- staff members

5. Other report and intelligence documents

6. Personal Contact

Who are the users of intelligence?


1. National leaders;

2. Military commanders;

3. Advisors and Staff;

4. Friendly nations;

5. Head/ chairman of and organization; and

6. Any person with authority or right over the intelligence.

UNDERCOVER OPERATIONS

Undercover operation is very vital in criminal investigation. This serve as their arm in information
gathering or even in the capture of suspects. As per definition, undercover operation is a form of
investigative technique whereby an undercover agent usually investigators assume another identity in
order to infiltrate the ranks of criminal syndicates.

Take note that undercover agent should have their best cover and cover story. Cover refers to the
means as to how investigators will hide his original identity while cover story is the biographical
portrayal of the investigator as to what role he will depict toward criminal syndicate while collecting
vital information. The person who provides support to the investigator is referred to as the cover
support. Undercover operation is otherwise known as roping although most of the time it refers to the
surveillance or certain activities or events.

In police work, undercover operation is done in order to acquire necessary inputs from a particular
person or place that might possess valuable information. It also assisted the investigation in
apprehending law violators.

Talking about cover, it could either be artificial or multiple type of cover. Artificial cover is done if the
undercover agent is modifying his identity based on the current operation or as the case may require
while the multiple cover involves the use of different cover that will fit to a given situation.

As to assignment, it could either be residential, social or work assignment. Residential assignment


involves the employment of undercover agents in an area where the subject lives. Social assignment on
the other hand is the employment of undercover agent in the hangout place or areas where the subject
frequents for fun and entertainment. Lastly, work assignment is employment of undercover agents in
areas where the subject works.

In addition, undercover operation is composed of the following elements, namely: the head; target; and
agent.

The Head is the person who directs the organization conducting the undercover operation. The target
pertains to any person, place or things against which the undercover operation is to be conducted while
the agent refers to a person who conducts the clandestine activity. This could either be a police officer
or any person who can access and gather information from the target.

In the conduct of undercover operation, be cautious when confronting with the ranks of criminal a
syndicate. When gathering information, be sure that you are good in elicitation. Elicitation is a form of
extracting information done through an interview with the person who might possess valuable
information concerning a person, event, organization or place without his knowledge or suspicion.

In elicitation, be sure to have a good approach and a proper probing technique. Approach pertains to
the manner as to how you will start talking while probe refers to the manner how will you keep the
person talk.

When reporting to the office, the investigator should meet any personality or his companion with the
law enforcement agency in a safe’ house only. The term safe house refers to a safe place where the
investigator or his informant will meet for briefing or debriefing purpose. To avoid any suspicion from
those who are in the ranks of a criminal syndicate, the undercover agent may use couriers to provide
feedback as to the current operation. Courier refers to the person who carries an information to another
person.

It could also be through leaving a message in some place or drop. Drop refers to a secure place where
agents or informants give their message to the other agents which could be either;

1. Dead Drop- the agent merely leaves the message.

2. Live Drop- the courier hand over the message directly to the agent.

It must be noted that undercover agent must be very cautious at all times as any failure in this operation
might cost his life. Be reminded of the following while conducting undercover operations:

1. Act naturally as possible.

2. Do not overplay your part.

3. Do not indulge in any activity, which is not conformity with the assumed identity. This means that if
you play the part of a fisherman then act like a fisherman and have a knowledge, attitude, and skills of a
fisherman.

4. Do not make notes unless they are to be mailed or passed immediately. Use code or cipher if possible
(to be discussed in the next lesson).

5. Do not use liquor or any intoxicants except if necessary and limit the amount to avoid being drunk.

6. Limit your association with women.

SURVEILLANCE

In collecting additional information about the person or some places that is necessary in the conduct of
investigation, surveillance may be conducted. Surveillance is defined as the clandestine or secret
observation of person, places or objects to acquire valuable information. Unlike undercover operation,
which enters or infiltrates criminal syndicate, surveillance is merely observation or watching the
particular subject.

In the conduct of surveillance, subject refers to who or what is being observed which can be any person,
place, property, vehicle, group of people, organization or object as the target in conducting surveillance.
The agent here or the person conducting surveillance or making an observation is referred as the
surveillant. He is usually an investigator who disguises himself purposely for surveillance. The conduct of
surveillance is guided by the surveillance plan. Surveillance plan simply refers to the outline or blueprint
as to how surveillance should be conducted.

While conducting surveillance, any person whom the subjects picks deals with while he is under
observation is termed as contact. Take note to be observant as the subject may be accompanied by a
convoy or decoy. Convoy is an associate of the subject who follows him to detect surveillance while
decoy is a person or object used by the subject in attempt to escape the eyes of surveillant.

The surveillant should be cautious not to alarm the subject since he might be burn out. Burn out or
Made happens when subject under surveillance becomes aware that he is under observation and
identifies the observer. If it happens, the subject often uses all the means to elude the surveillance.
When the surveillant does not know the whereabouts of his subject or the subject had eluded the
surveillance. It means lost.

To prevent this, as much as possible do not make yourself too close to the subject to avoid detection.
Just remember to have a log. Log refers to the chronological record of activities that the subject had or
took place in the target area. Target area refers to the area of operation of surveillance activities.
Remember not to forget to take note of whatever happened and, if possible, take photographs.

SYNTHESIS

TYPES OF SURVEILLANCE

The types of surveillance that the agent or surveillant use may vary depending on his purpose. As such, it
is the job of the police investigator in charge as to what should be the best type of surveillance that
should be done in order to acquire details necessary for the case under investigation or for future
endeavors. The types or surveillance are discussed as follows:

1. Stationary surveillance- this surveillance is otherwise known as fixed, plant or stakeout surveillance
and is commonly done in one standard location. This is best useful when:

a. A stolen property is expected to be dropped; or

b. A crime is expected to happen.

2. Moving surveillance- this surveillance is employed when the subject moves from one place to
another. The person is commonly tailing or shadowing the subject. Tailing or shadowing simply means as
the act following a person’s movement either through foot or with the use of an automobile. The
subject of this surveillance is usually a person. Under this method of surveillance, this could be done in
the following manner.

a. Rough tail or open tail- otherwise known as rough shadowing, and is commonly employed if the
subject knows about the presence of the surveillant. Rough tail can be used in the following scenario.

 When the subject is a material witness of a crime; or


 A fugitive who knows that he is under constant surveillance:

Take note that rough tail also suffers some liabilities and charges like police harassment or invasion of
privacy.
b. Close tail or tight tail- this tailing is employed when it is extremely important not to lose the subject
and constant surveillance is needed. Close tail is very useful when:

 The subject will commit a crime;


 There is a need to know the subject’s exact habit; and
 Subject’s activities are necessary to another critical operation.

This tailing is employed even if the subject recognizes the surveillant which means that the subject must
be within his distance and sight.

c. Loose tail- refers to the tailing commonly employed if the surveillant wants to remain undetected.
This tailing could be used best when:

 Surveillant needs the general information about the subject; and


 Surveillant needs to know the subject’s activities or associates.

If the subject is lost during surveillance, relocate the subject and continue the surveillance.

3. Aerial surveillance- this type of surveillance is done using helicopters or other aerial devices. This is
commonly employed in areas that is not accessible to foot or surveillance vehicle.

4. Video surveillance- this refers to the use of video equipment and other devices used to record visual
activity of the subject.

5. Audio or electronic surveillance- this refers to the employment of bugging or wiretapping devices.
These two different such that:

a. Bugging is the eavesdropping any communication or conversation with the aid of any bug devices. Bug
is a form of electronic device place in an establishment to record, receive or transmit conversation.

b. Wiretapping is the interception of communication lines such as telephone or cellphone lines in order
to listen or record conversation.

In addition, eavesdropping is the act of listening secretly to any conversation who are within the same
premise as with the person who intends to listen to the conversation.

Example of this:

 Listening to people who are taking at the table beside you; and
 Sitting beside the person who is talking to someone over telephone lines.

APPLICATION

METHODS OF SURVEILLANCE

The manner as to how surveillance is to be conducted which includes the various procedures and
techniques employed by an agent or surveillant is referred to as the methods in surveillance. This could
be either be one man shadow, two man shadow, or three man shadow.

In one man shadow, as the number speaks, there is only one surveillant following the subject. If two
man shadow, two surveillant. In three man shadow three surveillant.
PROCEDURES IN THE CONDUCT OF ONE MAN SHADOW

1. Follow the subject, but not to close. A distance that is enough for you to see the subject, but not too
far to lose the subject.

2. If the subject turns, you either follow his path or cross to the other side, whichever you think is
practicable in the situation.

3. Make a good decision as to where the subject will be going. In that case, the surveillant is at the
advantage in taking the right position or placement while following the subject.

4. Do not wear any apparel clothing that are obvious or can caught the attention of the subject.

5. Take photographs if possible, especially those contacts by the subject.

6. For photographic guidance, see Figure 7. is at the advantage in taking the right position or placement
while following the subject.

4. Do not wear any apparel clothing that are obvious or can caught the attention of the subject.

5. Take photographs if possible, especially those contacts by the subject.

6. For photographic guidance, see Figure 7.

Figure 7. One-man shadow

PROCEDURE IN THE CONDUCT OF TWO MAN SHADOW

1. The first surveillant (A) should follow the subject while the second surveillant (B) follows the first
surveillant.

2. Both surveillant should have a proportionate distance. Meaning, a distance that is enough for them to
see, but not to far to lose the subject. They must also have a proportionate distance which means that
they are not too far or too close to one another.

3. If the subject either crosses the street or turns, allow the second surveillant (B) to follow the subject
while the first surveillant (A) should either cross or go straight but not on the same side where the
subject go. This time, the first surveillant should find the right place and timing to regroup. He may stop
and later follow surveillant (B) or turn and catch them on the next corner depending on the situation.

4. Make a good decision as to where the subject will be going. In that case, the surveillant is at the
advantage in taking the right position or placement while following the subject.

5. Regroup if chance are possible. Meaning, have the original placement but necessarily the same
surveillant when you started doing the shadowing of the subject. This means that the first surveillant (A)
may now become the second surveillant (B) or vice versa.

6. Do not wear any apparel or clothing that is obvious or can catch the attention of the subject.

7. Take photographs if possible, especially those contacts by the subject.

8. For photographic guidance, see Figure 8.


Figure 8. TWO-MAN SHADOW

PROCEDURE IN THE CONDUCT OF THREE MAN SHADOW

1. The first surveillant (A) should follow the subject while the second surveillant (B) follows the first
surveillant. The third surveillant (C) is in the same way where the subject is going but on the opposite
street parallel with surveillant (A).

2. Like in one man and two man shadow, both surveillant should have a proportionate distance.

3. If the subject either crosses the street or turns, allow the second surveillant (B) to follow the subject
while the first surveillant (A) should either cross or go straight but not on the same side where the
subject gone. The third surveillant (C) should observe the subject and act the role of either surveillant A
or B depending on the situation. Whoever becomes the third surveillant should follow the same. Later,
they should find the right place and timing to regroup.

4. Make a good decision as to where the subject will be going. In that case, the surveillant is at the
advantage in taking the right position or placement while following the subject.

5. Regroup if chances are possible but again, not necessarily the same place when you started doing the
shadowing of the subject. This means that the first surveillant (A) may how become the second
surveillant (B) or vice versa and surveillant (B) becomes now the surveillant (C) and surveillant (C)
becomes now the surveillant (A) or vice versa depending on the situation

6. Do not wear any apparel or clothing that is obvious or can caught the attention of the subject.

7. Take photographs if possible, especially those contacts by the subject.

8. For photographic guidance, see Figure 9.

Take note that the procedure taken either in one man, two man, three man shadow are quite the same.
They just differ in terms of their role and placement. In this way, alarming the subject that he is under
surveillance is quite small considering that there are two or three person conducting the surveillance.

FIGURE 9. THREE-MAN SHADOW

CASING

Casing refers to the process of inspecting places to determine its suitability for operational use. In the
military, it is known as RECONNAISSANCE. Sometime, it is called the surveillant of place or building.

Casing could be done either:

1.Internal- It is the inspection of the different parts of the building or any structure which includes but
not limited to the different rooms within the building.

2. External- this is the inspection and observation of the immediate areas surrounding the building or
any structure which includes location, direction, possible exist, and others.

AGENTS
An agent is defined as any person capable, skilled, and competent in collecting, extracting, gathering,
infiltrating, penetrating information of all kinds in various source as well as knowledgeable in the science
of disguise in order to avoid detection from the enemy or any unwanted force while doing intelligence
work is defined as the clandestine operation or activity done by any agents in order to gather relevant
facts for future operation.

Agents also play an important role in extracting information in any undercover operation. They do
interview of suspected individuals, infiltrate the rank of criminal syndicate or even disguise as one of
them with the sole purpose of acquiring vital information relevant to the success of the operation. Most
of the time, you do not recognize them or you do not see them. That is part of their job in order to hide
their identity as well as to protect of the lives of their family and loved onse.

There are agents who use authority to gain information. He is called an agent on influence. For those
who are recruited within a highly sensitive target are called agent in place. There are also agents who
leak false information to the enemy and they are called expandable agents. Those agents who have
reached the enemy camp, gathered information, and are able to get back without being caught are
called penetration agents. However, there are also those who acted as double agents. He is enemy
agent, who has been taken into custody, turned around, and sent back where he came from as an agent
of his captors.

GENERAL CLASSIFICATION OF AGENTS

Agents are generally classified based on their assignment whether they are those who direct the
planning in gathering information, directly penetrate the rank of criminal syndicate or supports the
whole operation. These agents are as follows.

1. Principal Agents- These are the leader or management agent in the clandestine operation.

2. Action Agents- These are those who conducts the clandestine operation which is further classified
into:

a. Espionage Agent- an agent responsible for the collection of information;

b. Propagandist- these are agents who molds the attitude, action or opinion of an individual or a group
of people;

c. Saboteur- an agent directed to undertake action in line with destroying temporarily or permanently,
any material, an article or property which is necessary in their normal operation.

d. Guerilla- these are agents who are part of paramilitary group organized to cause great damage to the
enemy during hot war situation;

e. Strong Arm- these are those agents who provide special protection in times of dangerous phase of
clandestine operation; and

f. Provocateur- these are agents who induces the enemy to act on their own detriment or put them in
disadvantage.

3. Support Agents- These are those agents who engage in activities in line with giving support to the
clandestine operations. This includes:
a. Surveillant Investigator- these are those who continue to observe any person or places that is
connected to the operation;

b. Procurer of Funds- these are those who obtain money needed to sustain the operation;

c. Safe house Keeper- is the person responsible in maintaining the safe house for training, briefing,
debriefing or any other purposes; and

d. Communication Agent- the person responsible for securing the clandestine operation.

As a whole, people may think that agents are cool and skillful in various aspects. However, those skills
are necessary in order for them to survive and go back alive to their respective agency and family. Some
of them were relocated and isolated in areas away from home for the sole purpose of accomplishing
their tasks as agents.

CRYPTOGRAPHY

The agent needs to communication whatever valuable information they had possessed or acquired

And in like manner commander needs to provide instruction to the troops in the ground without
allowing the enemy to intercept this communication. However, sending any form of communication
through plain message might jeopardize the operation. With this regard, all information should be sent
with accompanying security measures and this could be done with the aid of cryptography.

Cryptography is defined as an art and science that deals with codes and cipher. In line with intelligence,
this is used in order to protect vital information from being intercepted by the enemy or if intercepted,
will disable them to read or understand the information contained in the communication.

Why cryptography is considered as an art?

Simply because it depends primarily with the undercover agent as to how he will convert plain text into
cryptogram or unintelligible.

Why cryptography is considered as a science?

It is science since it involves systematic process or procedure in converting the plain text into
cryptogram or unintelligible.

Take note, plain text refers to the readable and understandable message that will be converted into
Cryptogram, Cryptogram or unintelligible simply means as unreadable. Cryptogram is the result of
cryptography.

CODES

Codes is a system of words, numbers or symbols that are used to represent a word. In using codes, one
must possess a code book. Code book is defined as a compilation of words, number, symbols, or a
combination of either word, number, or symbol with their corresponding meaning.

If the code system is used, the term of converting plaintext into unintelligible is known as encode while
the term of converting coded message into plain text is known as decode. Coded message refers to the
product or output of the code system. Also, coded message is the cryptogram in the code system. This is
now the unreadable message ready for transmittal to the appropriate person or organization.

CIPHER

Cipher is the system which involves the substitution or transposition of individual letters to make it
unreadable. Cipher can be either transposition cipher or substitution cipher. A transposition cipher
involves the shuffling of individual letter or switching the original position of individual letter. All letters
in the original text are present, they are just merely disarranged.

On the other hand, the substitution cipher system involves the process of substituting individual letters
or number with another letter or number.

In contrary to the code system, if the cipher system is used then the term of converting plaintext into
unintelligible is knows as encipher while the term of converting a ciphered message into plain text is
known as decipher. The ciphered message refers to the product or output of the cipher system. Also,
ciphered message is the cryptogram in the cipher system. This is now the unreadable message ready for
transmittal to the appropriate person or organization.

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