SPECIALIZED CRIME INVESTIGATION 2

(WITH SIMULATION ON INTERVIEW AND INTERROGATION)

MIDTERM

ARREST, SEARCH AND SEIZURES

The term arrest came from the Latin word arrestare which means “cause to stop” and
restare which means “stay behind”.
This word search was derived from the Anglo-Norman word searcher old French
cerchier which means “to explore”. Latin word circare which means “go around in circles”.

 WARRANT OF ARREST
Is an order in writing issued in the name of the people of the Philippines signed by the 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.
 ALIAS WARRANT
Refers to the warrant of arrest issued by the judge to the peace officer after returning the
original warrant of arrest after the lapse of the 10 days validity period.
 SEARCH WARRANT
Is another 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.
 JOHN DOE WARRANT (RICHARD DOE/ JANE DOE)
Is a warrant containing no specific name of a 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.
 ARREST
Is the actual taking of a person or person into custody by an authority in order that he/
they may be bound to answer for the commission of an offense.
 ARREST; How made
It is made by the actual restraint of the person to be arrested or by his submission to the
custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest, and the person to be
arrested shall not be subjected to any greater restraint that is necessary for his detention.
All arrests should be made only on the basis of a valid Warrant of Arrest issued by a
competent authority, except in cases specified under the Doctrine of Citizens Arrest (Sec. 5,
Rule 113. Rules on Criminal Procedure)
 Rights of a person under arrest or Custodial investigation:
“You are now under arrest/custodial investigation for ______. You have the right to remain
silent and to have a competent and independent counsel of your own choice, and if you cannot
afford the services of the lawyer, one shall be provided for free by the government. Any
statement made by you during investigation may be used for or against you in any Court of Law
of the Philippines.” (These rights cannot be waived except in writing and in the presence of a
counsel.
 (Ikaw ay may karapatang manahimik o magsawalang kibo.
Anuman ang iyong sasabihin ay maaaring gamitin pabor o laban sa iyo sa anumang hukuman.
Ikaw ay mayroon ding karapatang kumuha ng tagapagtanggol na iyong pinili at kung wala kang
kakayahan, ito ay ipagkakaloob sa iyo ng pamahalaan.
Nauunawaan mo ba ito?)

 TIME OF ARREST
As a general rule, arrests may be made on any day of the week and at any time of the day
or night.
 MODES OD ARREST
An arrest may be made by virtue of a Warrant of Arrest, or Warrantless Arrest as
hereinafter
provided.

WHO ISSUED A WARRANT OF ARREST

Only judges are authorized to issue warrant of arrest and search warrant pursuant to
Section 6 of Rule 112 of the Revised Rule on Criminal Procedure.

A warrant of arrest is no longer needed if the accused is already under detention.

IMMUNITY FROM ARREST-

1. A senator or House of representatives shall in all offenses punishable by not more that six
years imprisonment, be privileged from arrest while senate/congress is in session.
(Section 11, Article 6 of the Philippines Constitution);
2. Diplomatic agents, under the Vienna Convention on Diplomatic Relations;
3. Under section 4 of R.A. no 75, any writ or process sued out or prosecuted by any person
in any court of the Republic of the Philippines, or by any judge or justice, whereby the
person of any ambassador or public minister of any foreign state, authorized and received
as such by the President, or any domestic or domestic servant of any such ambassador or
minister is arrested or imprisoned is void, and every person by whom the same is
obtained or prosecuted, whether as party or as attorney, and every officer concerned in
executing it is, upon conviction, “punished by imprisonment of not more than three years
and a fine not exceeding two hundred pesos in the discretion of the court”

 EXECUTION OF WARRANT
The head of the office to whom the warrant of arrest has been delivered for execution
shall cause
the warrant to be executed with in (10) days from receipt. Within ten (10) days after the
expiration of such period, the officer to whom it was assigned for execution shall make a report
to the judge who issued the warrant and, in case of his failure to execute the same, shall state the
reason thereof.

1.) Making the arrest.

a. Use good judgment in connection with the arrest.
b. Assume that the subject is armed and will take your life if given the opportunity.
2.) Arrest on the street.
 a. This should be made from the side or rear of the person to be
arrested, when possible.
b. Suspect should be forced toward the building.
c. Avoid congested area, when possible.
3.) Arrest at Home, Office, or Business Establishment
a. Restrict the subject’s movement. Do not rant request for personal privileges
before being searched.
b. Clothing and other things requested should be examined for weapons or items of
evidence before turning them over to the subject.
c. Duty of arresting officer (Sec. 3) – It shall be 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

1. The person arrested, with or without warrant, shall be informed of his constitutional
rights to remain silent and that any statement he might make could be used against him.
He shall have the right to communicate with his lawyer or his immediate
family. It shall be the responsibility of the arresting officer to see to it that this is
accomplished.

2. A person arrested without a warrant shall be immediately brought to the proper police
station for investigation without necessary delay and within the time prescribed in
Art. 125 of the Revised Penal Code, as amended (i.e., 12, 18, or 36, as the case may be), shall
subjected to inquest proceedings under Section 7, Rule 112 of the2000 Rules of Criminal
Procedure.

3. No torture, force, violence, threat, intimidation or any other means which vitiate the free will
shall be used against an arrested person. The bringing of arrested persons to secret
detention places, solitary confinement (incommunicado) or other forms of detention are
prohibited.

4. If the person arrested without a warrant waives his right under the provisions of
Article 125 of the Revised Penal Code, the arresting officer shall ensure he signs a waiver of
detention in the presence of his counsel of choice. If the person arrested waives his right
against self-incrimination and opts to give his statement, the arresting officer shall ensure that
the waiver be made in writing and signed by the person arrested in the presence of
counsel of his own choice or a competent and independent counsel provided by the
government.

5. When transporting the suspect/s to the police station, be sure that no weapon/s are
retained on their persons that could be used against the arresting officer regardless if the
person arrested is a noted criminal or not. It is also a must that the arrested person/s be
handcuffed to prevent violence.

A. Execution of warrant. (Sec. 4) – The head of the office to whom the warrant of
arrest was delivered for execution shall cause the warrant to 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
reason therefore.

B. Arrest without warrant; when lawful (Sec. 5) – A peace officer or a private person
may, without a warrant, arrest a person:

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

actually committing, or is attempting to commit an offense;
2. When 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. When 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 another.
In cases falling under paragraphs (1) and (2) above, the person arrested without a
warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded
against in accordance with section 7 of Rule 112.
C. Time of making arrest (Sec. 6) – An arrest may be made on any day and at any time
of the day or night.

D. Method of arrest by officer by virtue of warrant. (Sec.7) – When making an arrest

by virtue of a warrant, the officer shall inform the person to be arrested of the cause
of the arrest and the fact that a warrant has been issued for his arrest, except when he
flees or forcibly resists before the officer has opportunity to so inform him, or when
the giving of such information will imperil the arrest. The officer need not have the
warrant in his possession at the time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as practicable.

E. Method of arrest by officer without warrant (Sec. 8) – When making an arrest

without a warrant, the officer shall inform the person to be arrested of
his authority and the cause of the arrest, unless the latter is either
engaged in the commission of an offense, is pursued immediately after its
commission, has escaped, flees, or forcibly resists before the officer has opportunity
to so inform him, or when the giving of such information will imperil the arrest.

F. Method of arrest by private person (Sec. 9) – When making an arrest, a private

person shall inform the person to be arrested of the intention to arrest him and the
case of the arrest, unless the latter is either engaged in the commission of an offense,
is pursued immediately after its commission, or has escaped, flees, or forcibly resists
before the person making the arrest has opportunity to so inform him, or when the
giving of such information will imperil the arrest.

G. Officer may summon assistance (Sec.10) – An officer making a lawful arrest may
orally summon as many persons as he deems necessary to assist him in effecting the
 arrest. Every person so summoned by an officer shall assist him in effecting the arrest
when he can render such assistance without detriment to himself.

H. Right of officer to break into building or enclosure (Sec.11) – An officer, in order

to make an arrest either by virtue of a warrant, or without a warrant as provided in
Section 5, may break into any building or enclosure where the person to be arrested is
or is reasonably believed to be, if he is refused admittance thereto, after announcing
his authority and purpose.

I. Right to break out from building or enclosure (Sec. 12) – Whenever an officer has
entered the building or enclosure in accordance with the preceding section, he may
break out there from when necessary to liberate himself.

J. Arrest after escape or rescue (Sec. 13) – 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.

K. Right of attorney or relative to visit person arrested (Sec. 14) – Any

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

L. Arrest of Minors (RA 9344 Juvenile Justice Act of 2005) - If it has been
determined that the child taken into custody is fifteen (15) years old or
below, the authority which will have an initial contact with the child has the duty to
immediately release the child to the custody of his/her parents or
guardian, or in the absence thereof, the child’s nearest relative. Said authority
shall give notice to the local social welfare and development officer. If the parents,
guardians’ or nearest relatives cannot be located, or if they refuse to take custody, the
child may be released to any of the following;
a. Duly registered non-government and religious organization.
b. A barangay official or a member of the Barangay Council for the Protection of
Children (BCPC).
c. A local social welfare and development officer.
d. Department of Social Welfare and Development.

M. Detention and Bodily Search of Minor – A child in conflict with the law shall only
be searched by a law enforcement officer of the same gender and shall not be locked
up in a detention cell. However, if detention is necessary, the arresting officer’s hall
ensure that the child shall be secured in quarters separate from that of
the opposite sex and adult offenders.
 SEARCH AND SEIZURE

a) Search – an examination of an individual’s person, house papers or effects, or other

buildings and premises to discover contraband or some evidence of guilt to be used in
the prosecution of a criminal action.
b) Seizure – is the confiscation of personal property by virtue of a search warrant
issued for the purpose.
c) Search warrant defined (Sec.1) – signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and bring it before
the court.
d) Court where application for search warrant shall be filed (Sec.2) – An application
for search warrant shall be filed with the following:

a. Any court within whose territorial jurisdiction a crime was committed.

b. 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 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.

e) Application of Search Warrant – All applications for search warrant shall be

approved for filing by Chief of Police. The application shall indicate the following data:
1.) Office applying for 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.

f) Personal property to be seized (Sec.3) – A search warrant may be issued for the search
and seizure of personal property:
1) Subject of the offense;
2) Stolen or embezzled and other proceeds, or fruits of the offense;
3) Used or intended to be used as the means of committing an offense.

g) Requisites for issuing search warrant (Sec.4) – A search warrant shall not be issued
except 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 witness he may produce, and particularly describing the place to be searched
and the things to be seized which may be anywhere in the Philippines.

h) Examination of complainant record (Sec.5) – The judge must, before issuing

the warrant, personally examine in the form of searching questions and
answers, in writing and under oath, the complainant and the witnesses he may produce
 on facts personally known to them and attach to the record their sworn statements,
together with the affidavits submitted.

i) Issuance and form of search warrant (Sec.6) – If the judge is satisfied of the
existence of facts upon which the application is based or that there is probable cause to
believe that they exist, he shall issue the warrant, which must be substantially in the
form prescribed by these Rules.

j) Right to break door or window to effect search (Sec.7) – The officer, if refused
admittance to the place of directed search after giving notice of his purpose and
authority, may break open any outer or inner door or window of a house or any part of a
house or anything therein to execute the warrant to liberate himself or any person
lawfully aiding him when unlawfully detained therein.

k) Search of house, room, or premises to be made in presence of two

witnesses (Sec.8) – No search of a house, room, or any other premises shall be made
except in the presence of the lawful occupant thereof or any member of his family or in
the absence of the latter, two witnesses of sufficient age and discretion residing in the
same locality.

l) Time of making search (Sec.9) – 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.

m) Validity of search warrant (Sec.10) – A search warrant shall be valid for ten (10) days
from its date. 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 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.

n) Receipt for the property seized (Sec. 11) – The officer seizing the property under the
warrant must give a detailed receipt for the same to the lawful occupant of the premises
in whose presence the search and seizure was made, or in the absence of such occupant,
must, in the presence of at least two witnesses of sufficient age and discretion residing
in the same locality, leave a receipt in the place in which he found the seized property.

o) Delivery of property and inventory thereof to court; return and proceedings

thereon (Sec.12)
1) The officer must forthwith deliver the property seized to the judge who issued the
warrant, together with a true inventory thereof duly verified under oath.
2) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain
if the return has been made, and if none, shall summon the person to whom the
warrant was issued and require him to explain why no return was made. If the return
 has been made, the judge shall ascertain whether section 11 of this Rule has been
complied with and shall require that the property seized be delivered to him. The
judge shall see to it that subsection (a) hereof has been complied with.
3) The return of the search warrant shall be filed and kept by the custodian of the log
book on search warrants who shall enter therein the date of the return, the result, and
other actions of the judge. A violation of this section shall constitute contempt of
court.

p) Search incident to lawful arrest (Sec.13) – A person lawfully arrested maybe

searched for dangerous weapons or anything which may have been used
or constitute proof in the commission of an offense without a search warrant.

q) Motion to quash a search warrant or to suppress evidence; where to file (Sec.14) –

A motion to quash a search warrant and/or to suppress evidence obtained thereby may
be filed in and acted upon only by the court where the action has been instituted. If no
criminal action has been instituted, the motion may be filed in and resolved by the
court that issued search warrant. However, if such court failed to resolve the motion and
a criminal case is subsequently filed in another court, the motion shall be resolved by
the latter court.

r) Lawful Warrantless Searches and Seizures (Sec 9 Rule 17 POP) –

Warrantless Searches & Seizures are lawful under any of the following circumstances:
1.) When there is consent or waiver. To be a valid waiver, the rights must exist, the
owner must be aware of such right, and he must have the intention to
relinquish it.
2.) When evidence to be seized is in “plain view”. The discovery of this
evidence must be inadvertent or unintentional
3.) Custom search and searches made at airports/seaports in order to collect duties. This
warrantless search is allowed due to urgency.
4.) Search on moving vehicles can be made without a warrant because it would be
impracticable to secure a warrant before engaging in “hot pursuit”.
5.) Routine searches made at or in the interest of national security, such as border
checks or checkpoints.
6.) Stop-and-search or stop-and-frisk, where the search precedes the arrest, and is
allowed on the grounds of reasonable suspicions.
7.) Search incidental to a lawful arrest. A person lawfully arrested may be
searched for dangerous weapons or anything which may be used as
proof of the omission of an offense, without a search warrant.
8.) it should be noted that the arrest must precede the search. The search is limited to
body search and to that point within reach or control of the person arrested, or that
which may furnish him with the means of committing violence or of escaping or
search for evidence to destroy it.
Search of Vessels – Search of vessels and aircrafts because of their
mobility and the relative ease in fleeing the state’s jurisdiction.
9.) Emergency or Exigent Circumstances – A search could be validly
dispensed with in cases of exigent or emergency situations, and the police officers
 have reasonable grounds to believe that the crime was being committed, and they
have no opportunity to apply for search warrant from the courts because the latter
were closed.

CONFESSION AND ADMISSION

A. CONFESSION:
1. Confession Defined.
It is the declaration of an accused expressly acknowledging his guilt of the
offense charged. (Statutory Definition.)
Confession is an express acknowledgement by the accused, in a criminal case, of
the truth of his guilt as to the crime charged, or of some essential part thereof. (U.S. Vs.
Tea, 23 Phil. 64).
2. Effect of Confession - The confession of the accused may be given in evidence
against him in the investigation or trial of the offense with which he is charged.
3. Types of Confession:
a. Judicial confession or confession in open court.
b. Non-judicial confession, which is also called “out-of-court” or extra-judicial
confession. This kind of confession is inadmissible unless corroborated by proof
of corpus delicti.
c. Involuntary, which is a “forced” confession, and therefore inadmissible in
evidence.
d. Voluntary, when the confession was not induced by promises of benefit or
reward, or by force, violence, threat, intimidation, duress, or any other means
which vitiates the free will of the accused. A person who confesses that he
committed a crime in effect waives his right to remain silent. therefore, for the
confession to be valid, it must not only be voluntary, but also in writing and
made with the assistance of counsel of his own choice, with full understanding
of the consequence of such confession

4. When is a Confession Inadmissible?

No person shall be compelled to be a witness against himself. Any person under
investigation for the commission of an offense shall have the right to be informed of his
right to remain silent and to have competent and independent counsel preferably of his
own choice. If he cannot afford the service of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel. No force,
violence, threat, intimidation, or any other means which vitiates the free will shall be
used against him.
Any confession obtained in violation of the foregoing shall be inadmissible in
evidence against him. furthermore, the officer who secures a confession in violation of
any of these rights may be held liable for damages under Article 32 of the Republic Act
no. 386.

5. Corroborating the Extra-Judicial Confession of an Accused.

 It must be corroborated by evidence of corpus delicti to sustain conviction. This
requirement does not mean that every element of the crime must be proven by
evidence independent of the confession, but rather, that there must be some
independent evidence to show that a crime was committed.

6. Confession Made by a Defendant Against a Co-Defendant.

A Confession made by a defendant is admissible against himself but not against
himself his defendant (based on the rule on res inter alios acta), unless the defendant
is being prosecuted for a crime involving conspiracy, the confession of one
conspirator may be admitted in evidence against his co-conspirator.

7. Best Method of Ratifying a Confession.

Confessions made by a suspect before an investigator should be sworn to
preferably before a prosecutor or municipal/city judge.

8. Crime Reenactment.
This is accomplished through the use of movie cameras and tape recorders by
qualified technicians. In such reenactment procedure, the written confession is used
as the script and the officer should ensure that the details of the crime as reported by
the accused are followed during the reenactment. This strengthens the prosecutors’
case and serves to convince the judge that the accused, whose face appears on the
screen, was not maltreated nor affected by sinister psychological influence. To be
admissible evidence, some person should be able to testify on the authenticity on the
recording

B. ADMISSIBLE
1. Admission Defined.
It is a voluntary acknowledgement in express terms or by implication, by a party
in interest or by another by whose statement he is legally bound, against his interest, of
the existence or truth of a fact in dispute material to the issue.
2. Distinguished from Confession.
A Confession is a voluntary statement either oral or written, made by a person
charged with the commission of a crime to another person wherein the suspect admits
participation in, or commission of, the criminal act, while an admission is a statement by
the accused regarding facts pertinent to crime. The latter tends, in connection with proof
of other facts, to prove the suspect’s guilt. To be admitted as evidence, an admission
must relate to relevant and material fact. a confession is only admissible against the
confessor while an admission may be used even against a co-defendant.
3. Admission of a Party.
The act, declaration or omission of party as to a relevant fact may be given in
evidence against him.
a) Offer of Compromise. In criminal cases, except those involving quasi-offense
(criminal negligence) or those allowed by law to be compromised, an offer of
compromise by the accused may be received in evidence as an implied admission of
guilt.
 b) Plea of Guilty Later Withdrawn or an Unaccepted Offer of Plea of Guilty to a
lesser offense is not admissible in evidence against the accused who made the plea or
offer.
c) Offer to Pay or Payment of Medical, Hospital or other Expenses occasioned
by an injury is not admissible in evidence as proof of civil or criminal liability for the
injury.
4. Admission by Third Party.
The rights of a party cannot be prejudged by an act, declaration, or omission of another,
except:
a) An admission by a co-partner or an agent.
b) An admission by a co-conspirator, when the conspiracy has been established by
evidence.
c) An admission by one who is in privily with the party against whom the admission is
sought to be used.
d) An act or declaration made in the presence and within the hearing or observation of
party, who does or says nothing, when the act or declaration naturally calls for action or
comments it not true

INTERVIEW AND INTERROGATION

Although the purpose of both interviews and interrogations is obtaining information, the
interview is an informal procedure whereas the interrogation is formally questioning a person
with information about a suspected crime.

A. INTERVIEW

 Is the simple questioning of a person believed to possess information which are relevant
to the investigation of a crime or on criminal activities. In an interview the interviewee is
willing and cooperative with person conducting the interview.
 Is the questioning of a person believed to possess knowledge that is in the official interest
to the investigator.

1. IMPORTANCE OF INTERVIEW
In crime investigation it is very important considering that the person interviewed usually
gives his account of an incident under investigation or offers information concerning a
person being investigated in his own manners and words.

2. COGNITIVE INTERVIEW
Is a form or technique in the conduct of interview upon willing and cooperative witnesses
where they are given the full opportunity to narrate their accounts without intervention,
interruption and interference from interviewer.
For example, a question that could be asked in a cognitive interview could include, “tell me
what you were doing before the bank was robbed?”. This allows the eyewitness or victim to
provide their perspective on the events that occurred without interruption.

3. QUESTION AND ANSWER

 Style of interview are also practiced by some investigator whereby after each question by
the investigator, the interviewee is required to answer on what he knows about what is being
asked.

NOTE: THE GOLDEN RULE OF INTERVIEW

“Never conduct or let anyone conduct an interview if the interviewer has not gone to the crime
scene.”

QUALITIES OF A GOOD INTERVIEWER

1. RAPPORT- it is the relation between the interviewer and the interviewee, which in
conducive to a fruitful result, it is winning the confidence of a person being interviewed.
2. FORCEFUL PERSONALITY- the appearance of the interviewer and other qualities such
skills of communication technique or the force of his language are the mainstays of the
strength of his character.
3. KNOWLEDGE OF HUMAN BEHAVIOR- this will help the interviewer to determine
the personality and intelligence of his subject, he must go down and up to the level of
understanding of his particular subject.
4. CONVERSATIONAL TONE OF VOICE- his tone of voice must be conversational, not
confrontational as in interrogation. It means that the interviewer must know how to
appropriately use his voice normally.
5. ACTING QUALITIES- he must possess the qualities of an actor, salesman and
psychologist and know how to use the power of persuasion. This is done to convince the
person to disclose what ho knows about the issue being investigated.
6. HUMILITY- he must be courteous, sympathetic and humble, ready to ask apologies for
the inconvenience of the interview. This is usually done at the end of the interview that
may give a good impression to the person being interviewed.

BASIC ASSUMPTION: 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.

In conducting interview, consider the following:

e. His ability to observe.
f. His ability to remember.
g. His ability to narrate.
h. His mental weakness because of stupidity and infancy
i. His moral weakness because of drunkenness, drug addiction, his being a
pathological liar or similar factors.
j. Emotional weakness resulted by family problems, hatred, revenue, and love.

The interviewer’s Personnel Traits.

a. He must be practical psychologist who understands the human psyche and
behavior.
b. He has a sincere interest in people.
c. He is calm, has self-discipline, and keeps his temper.
d. He is courteous, decent and sensitive.
 e. He is self-assured and professional. He is tactful, i.e he knows what to say when
and how to say it.
f. He is cordial and agreeable, and never officious. But he should avoid over-
familiarity.
g. He is forceful, persistent and patient. Some people just cannot be rushed
h. He is analytical
i. He is flexible and cautious
j. He is a good actor and can conceal his own emotion.
k. He avoids third degree tactics and never deviates from the fundamental principle
that a person must treated according to humanitarian and legal precepts.
l. He must keep rules of evidence in mind.

Planning the interview- the interviewer should consider the following:

a. The facts of the case which have been establish so far.
b. The information needed to complete the picture.
c. The sources of information that may be consulted such as files and records.
d. The possibility of confronting the suspect with physical evidence.
e. The time available for the interview.
f. The time allowed by law.

PREPARATION OF THE INTERVIEW- before interviewing a witness, the law enforcer should
mentally review the case and consider what information the witness can contribute. If the case
requires it, he should acquaint himself with the background of the witness.

TIME, PLACE AND SETTING OF THE INTERVIEW

a. Police officers conduct interviews in a number of situations. The most common is the on-
the-scene interview.
b. The physical circumstances under which the interview takes place can be critical to the
value of the information obtained.
c. Although convenience of the witness is important to a successful interview, the
interviewer need not relinquish the psychological advantage in
d. Privacy is of the utmost importance in conducting interviews.
e. The physical and emotional states of the witnesses are important in conducting or in
determining whether to conduct an interview.

OPENING THE INTERVIEW

a. The interviewer should identify himself and the agency to which he belongs.
b. He should try to size up the interviewee and reach to tentative conclusion
c. He should keep in mind the provisions of law regarding the rights of people under
custodial investigation.

THE BODY OF THE INTERVIEW

a. The interviewee should be allowed to tell his own story in his own words without
interruption.
 This allows for continually and clearness
 Range of interview is broadened
  It helps the interviewee recall and relate events in their proper order.
b. Interview should keep to the point at issue and should not wander too far from it.
c. Interviewer should be alert for hearsay information so he can question the interviewee on
the matter later.
d. Do not interrupt a trend of ideas by abruptly asking a question. Use the uninterrupted
account of the witness interview.
e. However, you may guide the interviewee with innocuous questions such as “and then
what did you do?”

QUESTIONING
a. Dominate the interview. Be careful, do not allow the interviewee to be the one asking the
questions.
b. Do not ramble. Have a reason for every question asked.
c. Exhaust each topic before moving on to the next.
d. Determine the basis for each material statement. It might be hearsay.
e. Keep your question simple and understandable. Avoid double-edged or forked questions.
f. Wait for the answer to one question before asking a second one.
g. Ask important questions in the same tone of voice as the unimportant ones.
h. As a rule, avoid trick or bluffing questions.

CLOSING
a. Before closing the interview, the law enforcer should make a mental check of the purpose
of the interview and should analyze what he has learned; he decides whether he has
attained his objectives. He should be guided in this respect by the 5W’s and 1H – what,
where, when, who, why and how.
b. The interviewer should always leave the door open for a re-interview. Don’t forget to say
“THANK YOU” after the interview.

A PHILOSOPHY OF INTERVIEW AND INTERROGATION:

“The RIGHT officer asking the RIGHT questions in the RIGHT manner at the RIGHT
time and in the RIGHT place will get the RIGHT answer.”

B. INTERROGATION

I. IN GENERAL

1. INTERROGATION, DEFINED
 I s the skillful questioning of a hostile person suspecting of having committed an
offense or of a person who is reluctant to make a full disclosure of information in
his possession which is pertinent to the investigation.
 A conversation between an investigator and a suspect that is designed to match
acquired information to the suspect and secure a confession.

1. PURPOSES OF INTERROGATION:
1.) To obtain information concerning the innocence or guilt of the suspect;
2.) To obtain confession to the crime from the guilty suspect;
 3.) To induce the suspect to make admission;
4.) To know the surroundings and circumstances of a crime;
5.) To learn of the existence and location of physical evidence, such as documents or
weapons;
6.) To learn and know the identity of accomplices or accessories;
7.) To develop information that will lead to the fruits of the crime;
8.) To develop additional leads for the investigation;
9.) To discover the details of any other crime in which the suspect participated in the
past.

2. PRELIMINARY CONDUCT-
The interrogator should identify himself at the outset and state in general the
purpose of the investigation. He must advise the suspect of his rights against self-
incrimination and inform him that he does not have to answer question and that, if he
does answer, this answer can be used as evidence against him. He must inform the
suspect of his right to counsel and that a state appointed counsel will be made available
without cost to him if he so desires. The interrogator may not question the suspect unless
the latter has definitely waived his right to be silent. Ordinarily the investigator should be
alone with the suspect and, of course, the latter’s lawyer, if he has requested counsel.

3. The Interrogation Room. – The room should provide freedom from distractions. It should
be designed simply to enhance the concentration of both the interrogator and the subject
on the matter under questioning.

Interrogation Techniques-The following are some of the techniques practiced by

experienced investigation.
a) Emotional Appeals – 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, then provide those motives through appropriate
emotional appeals.
b) Sympathetic Approach – The suspect may feel the need for sympathy of friendship.
He is apparently in trouble. Gestures of friendship may win his cooperation.
c) Kindness – The simplest technique is to assume that the suspect will confess if he is
treated in a kind and friendly manner.
d) Extenuation – The investigator indicates he does not consider his subject’s
indiscretion a grave offense.
e) Shifting the Blame – The interrogator makes clear his belief that the subject is
obviously not the sort of person who usually gets mixed up in a crime like this. The
interrogator could tell from the start that he was not dealing with a fellow who is a
criminal by nature and choice. The trouble with the suspect lies in his little weakness
– he likes liquor, perhaps, or he is excessively fond of girls, or he has had a bad run of
luck in gambling.
f) Mutt & Jeff - Two (2) agents are employed. Mutt, the relentless investigator, who is
not going to waste any time because he knows the subject is guilty. Jeff, on the other
hand, is obviously a kind-hearted man.
II. CRIMINAL INTERROGATION:

 Types of offender and Approaches to be Used in Dealing with Them:

a) Emotional Offenders have a greater sense of morality. They feel remorse over
what they have done. The best approach in interrogating this type of offender is
the sympathetic approach.
b) Non-Emotional offenders normally do not feel any guilt, so the best way to
interrogate them is through the factual analysis approach, that is, by reasoning
with the subject and letting him know that his guilt has already been, or will soon
be, established.

 Signs of Deception
 Pulsation of the carotid (neck) artery.
 Excessive activity of the Adam’s Apple.
 Avoiding the eyes of the interrogator, swinging one leg over the other, foot wiggling,
winging of the hands, tapping of fingers, picking fingernails, etc.
 Dryness of the mouth.
 Swearing to the truthfulness of assertions. This is frequently used by guilty subjects to
strength their assertions of innocence.
 “Spotless past Record” – “Religious Man.” These are asserted to support statement which
the subject knows, and realizes the interrogator knows, to be false.
 A “Not that I Remember” or “As far As I know” expression should be treated as a veiled
admission or half-truth.

 Interrogation of witness and other prospective informants:

a.) Give the witness or prospective informant an assurance that the offender will not harm
him or any member of his family, and that there is a witness protection programs
specially designed to meet that contingency when it becomes necessary.

b.) If such witness or prospective informant refuses to cooperate with the police, try to
sever any bond between him and the offender, and proceed to interrogation the witness or
informant as if he were the suspect.

LEGAL REQUIREMENTS FOR INTERROGATION:

1. Voluntariness. Unlike in interview of a witness, the statement of a person being
interrogated must have been made voluntarily and must not be the product of threats,
fear, fraud, coercion and other improper tactics;
2. This rule applies to using the statement against the party at trial (confession) and to
using the statement as a basis for discovering other evidence (affidavit for search
warrant);
3. The voluntariness requirement stems from the 1987 Constitution (Art III, Sec 12{1}-
Miranda Warning);
 4. Jurisprudence dictates the correct procedure to be followed by the police investigators
in making arrest and conducting custodial investigation. At the time of a person arrested,
it shall be the duty of the arresting officer to:
a. identify himself;
b. informs him of the reason for the arrest and he must be shown the warrant of
arrest, if any; and
c. he shall be informed of his constitutional rights.

 General suggestions regarding the interrogation of a criminal/suspect.

1. Interview the victim, the accuser, or the discoverer of the crime before interrogating
the suspect;
2. Be patient and persistent. Never conclude an interrogation at a time when you feel
discouraged and ready to give up; continue for a little while longer.
3. Make no promise when asked “What will happen to me if I tell you the truth?”
4. When a subject has made repeated denials of guilt to previous investigators, first-
question him whenever circumstances permit about some other unrelated offense of a
similar nature of which he is also considered to be guilty;
5. An unintelligent or uneducated suspect with a low cultural background should be
interrogated on a psychological level comparable to that usually employed in the
questioning of a child.

GOLDEN RULE OF INTERROGATION

“Make him admit something, no matter how small or trivial. Usually, the first admission
will lead to another. In securing the first admission is the biggest stumbling block in dealing
with tough suspects”.