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SPECIALIZED CRIME INVESTIGATION with

LEGAL MEDICINE
According to Source of Evidence
Week 4 and 5
1. Primary Crime Scene – investigation
Prepared by: Honey Angelu M. Mirafuentes, usually begins where the body is
RCrim originally found.
2. Secondary Crime Scene – where the
victims are confined. Where the assault
Basic Components and Process of Crime Scene initially took place. Route to and from
Investigation the primary crime scene. Method used
to transport the victim. Any place
PNP's Criminal Investigation Manual defines where evidence is located.
CRIME SCENE as a venue or place where the
alleged crime/incident/event has been Crime Scene Reconstruction – the mental
committed (PNP, 2011). reproduction of a crime scene.

The following are different types of crime scene  Crime Reconstruction – narration of the
according to time of commission, location and crime made by the suspect
source of evidence.  Mental Reconstruction – narration of
the crime by the investigator on case
According to Time of Commission
Reconstruction of Crime Scene – the actual
1. Day Time Crime Scene – from sunrise to
reproduction of a crime scene.
sunset (6:00AM to 6:00PM)
2. Night Time – from sunset to sunrise  Physical Reconstruction – point of view
(6:00pm to 6:00AM) of suspect/victim/witness/evidence is
shown.
According to Location
Crime Scene Investigation – refers to the post-
1. Indoor crime scenes - affords the crime
incident police operational procedures
scene protection from weather and
undertaken at the crime scene when a crime
allows investigators to take time and
has been committed. Crimes can't be solved by
process the scene in a slow and
a single individual no matter how good he/she
methodical manner, without concern
is. Criminal Investigation needs to be solved by
for weather influences
a team of experts in order to be successful and
2. Outdoor crime scenes – most
be shrouded by a veil of stringent accountability
vulnerable to weather condition and
(Galero-Müftüoğlu, 2015, p.26).
present more problems
3. Continuing/ mixed crime scenes – from Deductive Approach – this approach entails
indoor to outdoor and/or vice versa. immediate assumption of a theory then later
4. Special Location/Conveyance Crime supports it by collecting corroborative
Scene – the most difficult to handle information.
because of its nature, it need special
Inductive Approach – this technique requires
support resources to process; examples
the collection of information first. Analysis and
include vehicle, air plane, drum, septic
evaluation information follows to develop a
tank, etc.
theory.
Thus, there are three components of crime STAGES OF CRIME SCENE INVESTIGATION
investigation according to the 2011 PNP's
A. PRELIMINARY INVESTIGATION
Manual on Investigation of Crimes of Violence
- The preliminary investigation is the
and other Crimes; namely:
police agency's first response to a
1. First Responder report that a crime has occurred.
 As in every investigative effort, the
2. Investigator-on-Case
primary objective of the preliminary
3. Scene of the Crime Operation. investigation is to determine who
committed the crime and to apprehend
First Responder
the offender.
First Responders are members of the police,  The preliminary investigation collects
military, fire, medical teams, and other evidence which supports that a crime
volunteer organizations who are expected to be has occurred, the identification of the
the first to respond to calls for assistance in offender, and the arrest and
cases of incidents involving explosives subsequent conviction of the offender.
(PNP,2011).  The framework of the preliminary
investigation is based on the following
The four main tasks of the first officer on the major tasks:
scene are (PNP, 2011):
(1) verification that an offense has
 To give first aid; occurred;
 To apprehend the suspected offender;
 To protect and if necessary collect and (2) identification of the victim, the place of
preserve evidence; and the crime, and the time of the crime;
 To cordon off and protect the area. (3) identification of solvability factors;
Investigator-on-case (4) communication of the circumstances of
Investigator-on-Case refers to the duty the crime; and
investigator duly assigned or designated to (5) the identification of those investigative
conduct the inquiry of the crime by following a tasks completed and those yet to be done.
systematic set of procedure and
methodologies for the purpose of identifying  The first responder will collect “FACTS”
witnesses, recovering evidence, arresting and surrounding the crime committed
prosecuting perpetrators (PNP, 2011).  The investigator will identify the
suspect through confession, eyewitness
Scene of the Crime Operation/Crime Scene testimony, circumstantial evidence and
Processing associative evidence
The Scene of the Crime Operative refers to the ASSESSMENT – gathering of facts
functional capability of the PNP of the Crime
performed by its trained personnel through the  DATA
recognition, methodical search, proper  INFORMATION
documentation/recording and collection of  INTELLIGENCE
physical evidence at the crime scene. (PNP B. FOLLOW-UP INVESTIGATION
Crime Laboratory Revised SOCO Manual 2014).
- An extension of the preliminary responder equipped with "police line" to secure
investigation. The purpose is to provide the place of incident a camera; and
additional investigation in order to close
H. Inform the duty investigator (preferably one
a case, locate or trace and arrest an
team of investigators)
offender, and/or recover stolen
property.  CIDG
C. FINAL INVESTIGATION  SITG
- The submission of the outcome of the  SOCO
preliminary and follow-up investigation.  NBI
The report is used to prove the guilt of
suspect/s. 2. At the crime scene

GENERAL INVESTIGATIVE PROCEDURES (PNP, The First responder shall perform his duty and
2011) in addition check the condition of the victim
while the other members of the first responders
The purpose of these procedures is to adapt to shall simultaneously secure the area by putting
the current trends in modern investigation, in a line or any material (like rope, straw and etc).
line with the PNP Integrated Transformation police
Program which seeks to improve and integrate
the different manuals used by the PNP to serve A. If in serious condition
as guide in all aspects of police investigation. It a) Bring the victim immediately to the
also aims to come up with a definite nearest hospital using emergency
investigative procedure on specific cases from services;
the time the incident happened, until the case is b) b) Photograph and make a sketch of the
filed, which will be adopted by the PNP victim (if the victim is dead);
investigators in pursuing their mandated tasks. c) c) Get the dying declaration; if
Here is the General Investigative Procedure as necessary (ask 3 questions), namely;
defined in the 2011 PNP's Revised Criminal i. Ano ang pangalan at address mo?
Investigation Manual. (What is your name and address?).
ii. Kilala mo ba ang gumawa nito sa
1. Upon receipt of call/walk-in complainants iyo? (do you know who did this to
Duty Desk Officer shall: you?
iii. Sa pakiramdam mo ba ay
A. Record the time it was reported; (when) ikamamatay mo ang tinamo mong
sugat? (Do you think the wounds
B. Get the identity of the caller/complainant;
you received are fatal?)
(who)
However, if there is still a chance to ask more
C. Get the place of the incident; (where)
questions, then follow-up should be done. The
D. Get the nature of the incident; (what/how) statement, once reduced into writing, shall be
duly signed by or with the thumb mark of the
E. Get the number of victim/s; (how many)
victim.
F. Record a brief synopsis of the incident;
DYING DECLARATION/ ANTE-MORTEM
G. Direct the nearest mobile car/beat patrollers STATEMNET– a legal concept refers to the
or the nearest police precinct to act as first effect that the statement which is made by a
dying person explaining the circumstances of his Section 42. Part of res gestae. — Statements
death. made by a person while a starting occurrence is
taking place or immediately prior or subsequent
REVISED RULES ON EVIDENCE
thereto with respect to the circumstances
(Rules 128-134, Rules of Court) thereof, may be given in evidence as part of res
gestae. So, also, statements accompanying an
Section 37. Dying declaration. — The equivocal act material to the issue, and giving it
declaration of a dying person, made under the a legal significance, may be received as part of
consciousness of an impending death, may be the res gestae.
received in any case wherein his death is the
subject of inquiry, as evidence of the cause and DYING DECLARATION vs RES GESTAE
surrounding circumstances of such death.
A dying declaration is made with the intention
 The declaration of a dying person, made of providing evidence in a legal proceeding,
under the consciousness of an while res gestae evidence is spontaneous and
impending death, may be received in unplanned, and is intended to explain or clarify
any case wherein his death is the the circumstances surrounding an event or
subject of inquiry, as evidence of the transaction.
cause and surrounding circumstances of
B. If not in serious condition
such death."
 ante-mortem statement or dying a) Bring the victim immediately to the
declaration is entitled to probative nearest hospital using emergency
weight if: services;
b) Get the identity and other data of the
(1) at the time the declaration was made, death victim;
was imminent and the declarant was conscious c) Get initial interview from the victim
of that fact;
Note: The other member/s of the first
(2) the declaration refers to the cause and responders shall remain at the crime scene to
surrounding circumstances of such death; secure the premises.
(3) the declaration relates to facts which the d) If the suspect is arrested at the scene
victim was competent to testify to; e) Get the names of the persons who
(4) the declarant thereafter died; and turned-over or arrested the suspect.
f) Isolate the arrested suspect/s and
(5) the declaration is offered in a criminal case separate them from any probable
wherein the declarant’s death is the subject of witness of the incident.
the inquiry. g) Record what time the suspect was
RES GESTAE – incidental facts and arrested.
circumstances that are admissible in evidence h) Wait for the investigator to interview
because they introduce or explain the matter in the suspect.
issue. i) If the suspect volunteers any statement,
take note of the time, location and
REVISED RULES ON EVIDENCE circumstances of the statements.
(Rules 128-134, Rules of Court) 3. Investigation Procedure at the Crime Scene
A. Upon arrival at the crime scene The investigator begins the process of recording
pertinent facts and details of the investigation
1. Receive the crime scene from the first
the moment he arrives at the crime scene. (He
responder.
should record the time when he was initially
2. Record time/date of arrival at the crime notified prior to his arrival).
scene, location of the scene, condition of the
 He also writes down the identification
weather, condition and type of lighting,
of persons involved and what he initially
direction of wind and visibility.
saw.
3. Photograph and/or video the entire crime  He also draws a basic sketch of the
scene. crime scene
 takes the initial photograph (if a
4. Before entering the crime scene, all
photographer is available, avail his
investigators must put on surgical gloves.
services)
5. Before touching or moving any object at the
This is to ensure that an image of the crime
crime scene in a homicide or murder case,
scene is recorded before any occurrence that
determine first the status of the victim, whether
disturbs the scene. As a rule, do not touch, alter
he is still alive or already dead. If the victim is
or remove (don’t MAC) anything at the crime
alive, the investigator should exert effort to
scene until the evidence has been processed
gather information from the victim himself
through notes, sketches and photograph, with
regarding the circumstances of the crime, while
proper measurements.
a member of the team or someone must call an
ambulance from the nearest hospital. Before C. Searching for evidence
removing the victim, mark, sketch and
Each crime is different, according to the physical
photograph his/her relative position. Only a
nature of the scene and the crime or offense
coroner or a medical examiner shall remove the
involved. Consequently, the scene is processed
dead body unless unusual circumstances justify
in accordance with the prevailing physical
its immediate removal.
characteristics of the scene and with the need
6. Designate a member of the team or ask other to develop essential evidentiary facts peculiar
policemen or responsible persons to stand to the offense.
watch and secure the scene, and permit only
 A general survey of the scene is always
authorized persons to enter the same.
made, however, to note the locations of
7. Identify and retain for questioning the person obvious traces of action, the probable
who first notified the police, and other possible entry and exit points used by the
witnesses. offender(s) and the size and shape of
the area involved.
8.Determine the assailant through inquiry or
 In rooms, buildings, and small outdoor
observe him if his identity is immediately
areas, a systematic search of evidence is
apparent. Arrest him if he is still in the vicinity.
initiated (In the interest of uniformity, it
9. Separate witnesses in order to get is recommended that the clockwise
independent statements. movement be used.)
 The investigator examines each item
B. Recording
encountered on the floor, walls, and
ceiling to locate anything that may be of It may be advisable to make a search beyond
evidentiary value. the area considered to be the immediate scene
 You should give particular attention to of the incident or crime. For example, evidence
fragile evidence that may be destroyed may indicate that a weapon or tool used in the
or contaminated if it is not collected crime was discarded or hidden by the offender
when discovered. somewhere within a square-mile area near the
 If any doubt exists as to the value of an scene.
item, treat it as evidence until proven
After completing the search of the scene, the
otherwise.
investigator examines the object or person
 Ensure that the item or area where
actually attacked by the offender. For example,
latent fingerprints may be present is
a ripped safe, a desk drawer that has been pried
closely examined and that action is
open or a room from which items has been
taken to develop the prints.
stolen, would be processed after the remainder
 Carefully protect any impression of
of the scene has been examined for traces of
evidentiary value in surfaces conducive
the offender.
to making casts or molds. If possible,
photograph the impression and make a In a homicide case, the position of the victim
cast or mold. should be outlined with a chalk or any other
 Note stains, spots and pools of liquid suitable material before the body is removed
within the scene and treat them as from the scene. If the victim has been
evidence pronounced dead by a doctor or is obviously
 Treat as evidence all other items, such dead, it is usually advisable to examine the
as hairs, fibers, and earth particles body, the clothing and the area under the body
foreign to the area in which they are after the remainder of the scene has been
found; for example, matter found under searched. This is to enable the
the victim's fingerprints. policeman/investigator to evaluate all objects of
special interest in the light of all other evidence
Proceed systematically and uninterruptedly to found at the scene.
the conclusion of the processing of the scene.
The search for evidence is initially completed D. Collection of Evidence
when, after a thorough examination of the
This is accomplished after the search is
scene, the rough sketch, necessary photograph
completed, the rough sketch finished and
and investigative notes have been completed
photographs taken. Fragile evidence should be
and the investigator has returned to the point
collected as they are found. All firearms (FAs)
from which the search began.
found to have tampered serial numbers (SNS)
Further search may be necessary after the shall be automatically
evidence and the statements obtained have
subjected to macro etching at the Philippine
been evaluated.
National Police Crime Laboratory (PNP-CL). A
In large outdoor areas, it is advisable to divide corresponding request to the Firearms and
the area, into strips about four (4) feet wide. Explosive Office (FEO) must be made for
The policeman may first search the strip on his verification purposes.
left as he faces the scene and then the adjoining
The investigator places his initials, the date and
strips.
time of discovery on each item of evidence for
proper identification. Items that could not be A list of all persons who came into possession of
marked should be placed in a suitable container an item of evidence, continuity of possession, or
and sealed. the chain of custody, must be established
whenever evidence is presented in court as an
E. Markings of Evidence
exhibit. Adherence to standard procedures in
Any physical evidence obtained must be marked recording the location of evidence, marking it
or tagged before its submission to the evidence for identification, and properly completing
custodian. These are information to ensure that evidence submission forms for laboratory
the items can be identified by the collector at analysis is critical to chain of custody.
any time in the future. This precaution will help
 Every person who handled or examined
immeasurably to establish the credibility of the
the evidence and where it is at all times
collector's report or testimony and will
must be accounted for. As a rule, all
effectively avoid any suggestions that the item
seized evidence must be in the custody
has been misidentified.
of the evidence custodian and
Markings on the specimen must at least contain deposited in the evidence room or
the following: designated place for safekeeping.

a. Exhibit Case Number J. Transmittal of Evidence to the Crime


Laboratory
b. Initials and or signature of the collecting
officer. Proper handling of physical evidence is
necessary to obtain the maximum possible
c. Time and date of collection.
information upon which scientific examination
F. Evaluation of Evidence shall be based, and to prevent exclusion as
evidence in court. Specimens which truly
Each item of evidence must be evaluated in represent the material found at the scene,
relation to all the evidence, individually and unaltered, unspoiled or otherwise unchanged in
collectively. If necessary, these pieces of handling will provide more and better
evidence must be subjected to crime laboratory information upon examination. Legal
examination. Example: firearms for ballistic requirements make it necessary to account for
examination, hair strands etc. all physical pieces of evidence from the time it is
G. Preservation of Evidence collected until it is presented in court. With
these in mind, the following principles should
It is the investigator's responsibility to ensure be observed in handling all types of evidence
that every precaution is exercised to preserve (PNP, 2011):
physical evidence in the state in which it was
recovered/ obtained until it is released to the 1. The evidence should reach the laboratory in
evidence custodian. same condition as when it was found, as much
as possible.
H. Releasing of Evidence
2. The quantity of specimen should be.
All collected evidence can only be released adequate. Even with the best equipment
upon order of the court or prosecutor, as the available, good results cannot be obtained from
case maybe. insufficient specimens.
I. Chain of Custody
3. Submit a known or standard specimen for
comparison purposes.
2. INTERVIEW AND INTERROGATION
4. Keep each specimen separate from others so
INTERVIEW – is a conversation with a purpose,
there will be no intermingling or mixing of
motivated by a desire to obtain certain
known and unknown material. Wrap and seal in
information from the person being interviewed
individual packages when necessary.
as to what was done, seen, felt, heard, tasted,
5. Mark or label each of evidence for positive smell or known.
identification as the evidence taken from a
- This is the questioning of a person
particular location in connection with the crime
believed to possess knowledge that is in
under investigation.
official interest to the investigator.
6. The chain of custody of evidence must be
BASIC ASSUMPTIONS
maintained. Account for evidence from the time
it is collected until it is produced in court. Any Nobody has to talk to law enforcers. No law
break in this chain of custody may make the compels a person to talk to the police if he does
material inadmissible as evidence in court. not want to. Therefore, people will have to be
persuaded, always within legal and ethical
THREE TOOLS OF INVESTIGATION
limits, to talk to law enforcers. This makes
(Info/ Interv/Intero/Instru) interviewing an art.

1. INFORMATION I.R.O.N.I.C. FORMAT


- It is the knowledge/data which an
The interview of a witness can be described by
Investigator acquired from other
its acronym 'IRONIC' which stands for Identity,
persons and records.
Rapport, Opening Statement, Narration, Inquiry,
- Knowledge or data that comes from
and conclusion.
either victim or witness.
- Identity – prior to the commencement of an
 DATA interview, the investigator should identify
 INFORMATION himself to the subject by name, rank and
 INTELLIGENCE agency. Except, when there is no need to know
the officer's identity.
Classes of Information
Rapport – it is good to get the positive feeling of
a. Regular Sources – records, files from
the subject towards the investigators; such
government and non-government
friendly atmosphere is a vital for both the
agencies, news items.
subject and the investigator to have a better
b. Cultivated Sources – information
interaction.
gathered upon initiative of the
investigator from informants, vendors, Opening Statement – the investigator must
taxicab driver, GRO, and others. have to indicate why the subject is being
c. Grapevine Sources – these are contracted.
information coming from the
Narration – the witness should be allowed to
underworld characters such as
tell all he knows with little interruptions from
prisoners and ex-convicts.
the investigator.
Inquiry – after all information have been given Emotional Appeal – place the subject in the
by the subject, that is the time for the proper frame of mind. The investigator should
investigator to as question to clarify him about provide emotional stimuli that will prompt the
the case under investigation. subject to unburden himself by confiding.
Analyze the subject's personality and decide
Conclusions – after the interview, it is but
what motivation would prompt him to tell the
proper to close the interview with outmost
truth, and then provide those motives through
courtesy and thanking the subject for his
appropriate emotional appeals.
RULES TO BE OBSERVED IN QUESTIONING
Sympathetic Appeal –The suspect may feel the
a. One question at a time need for sympathy or friendship when he is
apparently in trouble. Gestures of friendship
b. Avoiding implied answer may win his cooperation.
c. Simplicity of the questions Kindness – the simplest technique is to assume
d. Saving faces that the suspect will confess if he is treated in a
kind and friendly manner.
e. Avoid close ended questions (yes or no)
Extenuation – The investigator indicates he
INTERROGATION – is a questioning of a person does not consider his subject's indiscretion a
suspected of having committed an offense or a grave offense.
person who is reluctant to make full disclosure
of information in his possession which is - Luring the suspect into admitting by
pertinent to the investigation. telling him that his punishment will be
less
 This is the type of information gathering - Less sentence, less punishment
that is applied to suspects or hostile
witness Shifting the blame – The interrogator makes
clear his belief that the subject is obviously not
What are the purposes of Interrogation? the sort of person who usually gets mixed up in
a. To obtain confession to the crime a crime like this. The interrogator could tell
b. To induce the suspect to make from the start that he was not dealing with a
admission. fellow who is a criminal by nature and choice.
c. To learn the facts of the crime. - Does blame the suspect but the victim
d. To learn the identity of the accomplice - Will not make the suspect feel shame
e. To develop information which will lead
to the recovery of the fruits of the crime Mutt and Jeff (good cop / bad cop)
f. To discover the details of other crimes  Two agents are employed
participated by the suspect
Mutt – the relentless investigator, who is not
Philosophy of interview and interrogation – “the going to waste any time because he knows that
right officer, asking the right questions, in the the subject is guilty. (sour)
right manner, at the right time and in the right
place, will get the answer” Jeff – on the other hand, is obviously a kind-
hearted man. (sweet)
INTERROGATION TECHNIQUES
Bluff on a Split Pair Subpoena - A subpoena or witness summons is
a writ issued by a government agency, most
This is applicable when there is more than one
often a court, to compel testimony by a witness
suspect. The suspects are separated and one is
or production of evidence.
informed that other has talked. (bluffing to
make the other one confess) Subpoena ad Testificandum – a court summons
to appear and give oral testimony for use at a
Pretense of Physical Evidence
hearing or trial.
The investigator may pretend that certain
Subpoena Duces Tecum – a court summons
physical evidence has found by laboratory
ordering the recipient to appear before the
experts against him.
court and produce documents or other tangible
Jolting evidence for use at a hearing or trial.

May be applied to calm and nervous subjects by 3. INSTRUMENTATION


constantly observing the suspects, the
It is the application of instruments and methods
investigator chooses a propitious (good chance)
of physical science to the detection of crimes. In
moment to shout a pertinent question and
cases where there is no significant physical
appear as though he is beside himself with rage.
evidence to be found, then the use of
The subject may be unnerved to the extent of
instrumentation is relatively unimportant.
confessing.
Tools of Investigation
Interrogation vs Interview
The three I's of investigation (PNP, 2011)
INTERROGATION INTERVIEW
For witness/victim For suspect/hostile 1. Information- this refers to the data gathered
witness by an investigator from either regular or
Friendly and simple Forceful/rigid/skillful cultivated sources including the victim
questioning themselves; and from public and private
Allows subject to Tactic to make records; Modus Operandi Files, Arrest Records
narrate and talk suspect admit and and Rogue Gallery.
about experience show guilt
2. Interview- this refers to the skillful
questioning of suspects and witnesses believed
CUSTODIAL INTERROGATION/INVESTIGATION
to possess knowledge that is of official interest
– is the questioning of a law enforcement
to the investigator. It includes so called
officer on a person under custody and
interrogations which are actually interviews
otherwise deprived of his freedom or liberty.
that elicit information from witnesses and
This is the stage in investigation where there is
volunteers, paid or confidential informants.
strict observance of the Miranda Doctrine.
3. Instrumentation- this refers to the use of
Note: custodial investigation shall include the
forensic technology as a tool in the examination
practice of issuing an “invitation” to a person
of physical evidence using established methods.
who is investigated in connection with an
offense he is suspected to have committed - it is the application of instruments and
without prejudice to the person methods of physical science to the detection of
crimes.
- In cases where there is no significant physical
evidence to be found, then the use of
d) Any extrajudicial confession made by a
instrumentation is disregarded.
person arrested, detained or under
R.A. 7438 – Rights of the person arrested, custodial investigation shall be in
detained or under custodial investigation. writing and signed by such person in the
presence of his counsel or in the latter's
a) Any person arrested detained or under
absence, upon a valid waiver, and in the
custodial investigation shall at all times
presence of any of the parents, elder
be assisted by counsel.
brothers and sisters, his spouse, the
Counsel de Officio/Ex-Officio Counsel municipal mayor, the municipal judge,
district school supervisor, or priest or
Counsel de Parte/Ex-Parte Counsel minister of the gospel as chosen by him;
b) Any public officer or employee, or otherwise, such extrajudicial confession
anyone acting under his order or his shall be inadmissible as evidence in any
place, who arrests, detains or proceeding.
investigates any person for the
commission of an offense shall inform e) Any waiver by a person arrested or
the latter, in a language known to and detained under the provisions of Article
understood by him, of his rights to 125 of the Revised Penal Code, or under
remain silent and to have competent custodial investigation, shall be in
and independent counsel, preferably of writing and signed by such person in the
his own choice, who shall at all times be presence of his counsel; otherwise the
allowed to confer privately with the waiver shall be null and void and of no
person arrested, detained or under effect.
custodial investigation. If such person
cannot afford the services of his own Art. 125 – delay in the delivery of
counsel, he must be provided with a detained persons to the proper judicial
competent and independent counsel by authorities
the investigating officer.  Reglementary Period (12-18-36-72)
c) The custodial investigation report shall
Twelve (12) hours – light penalties
be reduced to writing by the
investigating officer, provided that Eighteen (18) hours – correctional penalties
before such report is signed, or
thirty-six (36) hours – afflictive penalties
thumbmarked if the person arrested or
detained does not know how to read twenty-four (24) hours – drug related cases
and write, it shall be read and
seventy-two (72) hours - terrorism
adequately explained to him by his
counsel or by the assisting counsel f) Any person arrested or detained or
provided by the investigating officer in under custodial investigation shall be
the language or dialect known to such allowed visits by or conferences with
arrested or detained person, otherwise, any member of his immediate family, or
such investigation report shall be null any medical doctor or priest or religious
and void and of no effect whatsoever. minister chosen by him or by any
member of his immediate family or by
his counsel, or by any national non-
 However, a separate Police Blotter,
governmental organization duly
shall be maintained for offenses
accredited by the Commission on
requiring confidentiality like violence
Human Rights of by any international
against women and children and those
non-governmental organization duly
cases involving a child in conflict with
accredited by the Office of the
the law to protect their privacy
President. The person's "immediate
pursuant to R.A. 9262 (Anti- Violence
family" shall include his or her spouse,
Against Women and Children Act of
fiancé or fiancée, parent or child,
2004) and R.A. 9344 (Juvenile Justice
brother or sister, grandparent or
and Welfare Act of 2006).
grandchild, uncle or aunt, nephew or
niece, and guardian or ward.  The duty police officer shall record the
nature of the incident in the police
Protocols in Criminal Investigation blotter containing the five "W"s (who,
what, where, when and why) and one
To ensure a successful prosecution of case
"H" (how) of the information and
through criminal investigation a certain
inform his superior officer or the duty
guideline must be followed. These are
officer regarding the occurrence of such
comprised of standard operating procedures,
incident. In answering the above 5 Ws
protocols, and legal requirements of the law
and 1 H and the Case Disposition, all
that must be observed in handling criminal
such material details about the incident,
cases. The following are the PNP's protocols
including the nature of the action or
which are to be observed when conducting an
offense; the Date, Time, and Place of
investigation (PNP, 2011).
Occurrence; the names of the
1. Jurisdictional investigation of the territorial suspect/s, the victim/s, the witness/es,
unit concerned. if any; facts of the case; significant
circumstances that aggravate or
The Police Station, which has territorial
mitigate the event or the crime should
jurisdiction of the area where the crime incident
be entered along with the identity of
was committed, shall immediately undertake
the officer to whom the case is assigned
the necessary investigation and processing of
(Officer-on-case); and, the status of the
the crime scene, unless otherwise directed by
case (PNP,2011).
higher authorities for a certain case to be
3. Investigation Team
investigated by other units/agency (PNP, 2011).
The Investigation team and equipment All
2. Official Police Blotter
investigators in any police unit must be a
A Police Blotter is an 18" x 12" logbook with graduate of prescribed investigation course
hard-bound cover that contains the daily with a rank of at least PO2 (pre- requisite to
register of all crime incident reports, official assignment) (PNP, 2011).
summary of arrests, and other significant events
Composition of Investigation Team
reported in a police station. All crime incidents
must be recorded in the official police blotter 1. Team Leader;
(PNP, 2011).
2. Investigator/recorder; a. Proceed to the crime scene to validate the
information received;
3. Photographer;
b. Record the exact time of arrival and all
4. Evidence custodian; and
pertinent data regarding the incident in his
5. Composite Illustrator/Artist issued pocket notebook and notify the
Investigator on Case;
Equipment of the investigator
c. Cordon off the area and secure the crime
1. Police line scene with a police line or whatever available
2. Video camera material like ropes, straws or human as
barricade to preserve its integrity;
3. Voice recorder
d. Check whether the situation still poses
4. Camera imminent danger and call for back up if
5. Measuring device necessary;

6. Gloves e. Identify possible witnesses and conduct


preliminary interview and ensure their
7. Flashlight availability for the incoming investigator-on-
case;
8. Fingerprint kit
f. Arrest the suspect/s if around or in instances
9. Evidence bag
wherein the suspect/s is fleeing, make
10. Evidence tag appropriate notification for dragnet operations;

11. Evidence bottles/vials; and g. Prepare to take the "Dying Declaration" of


severely injured persons with the following
12. Investigator's tickler (contains the following)
requisites:
a. Investigator's checklist
i. That death is imminent and the
b) Anatomical diagram form declarant is conscious of that fact;
ii. That the declaration refers to the cause
c) Evidence checklist
and surrounding circumstances of such
d) Turn-over receipt death;
iii. That the declaration relates to facts
4. Duties of the first responder which the victim is competent to testify
FIRST RESPONDERS - are members of the to; and
police, military, fire, medical teams, and other iv. That the declaration is offered in a case
volunteer organizations who are expected to be where in the declarant's death is the
the first to respond to calls for assistance in subject of the inquiry. (Section 37, Rule
cases of incidents involving explosives 130 of the Rules of Court).
(PNP,2011). These are their duties according to h. Evacuate the wounded to the nearest
the 2011 PNP Criminal Investigation Manual. hospital using emergency services;
i. Account for the killed, wounded and arrested 1. Secure the person arrested (handcuff at the
persons for proper disposition; back);

j. Conduct initial investigation; and 2. Inform the arrested person on the cause of
his arrest and his rights as provided for in the
k. Brief the investigator-on-case upon arrival
Constitution;
and turn over the crime scene.
3. Conduct thorough search for weapons and
1. Conduct inventory on the evidence taken at
other illegal materials against the suspect/s;
the crime scene; Inventory receipt should be
properly signed by the first responder, SOCO 4. Use reasonable force in making arrest;
and the investigator.
5. Confiscated evidence shall be properly
5. Duties and responsibilities of the documented and marked;
investigating team
6. Bring the arrested person to the Police
Take full control of the crime scene to include Station for investigation.
the conduct of crime scene search; taking of
Booking procedures of the Arrested
photographs; making sketches; lifting of
Person/Suspect
fingerprints; markings of physical evidence;
(Chain of custody) the transmittal of evidence A. The arrested suspect shall be fingerprinted,
to crime laboratory; interview of witnesses; photographed and subjected to medical
gathering and evaluation of evidence; follow-up examination to include liquor and drug tests.
of the case and the documentation and filing of
appropriate charges in court. Establish a B. Conduct record check.
command post in the immediate vicinity of the 7 . Taking of sworn documents of suspects
crime scene; Designate a holding area in the
immediate vicinity of the crime scene (for the - The execution of a suspect's "WAIVER"
media, important persons and other as stipulated in Article 125 of the RPC
personalities present); Conduct case conference shall always be done in the presence of
with the first responder, Scene of the Crime his chosen counsel or any independent
Operative, other law enforcers and rescue counsel (PNP, 2011)
personnel; Note any secondary crime scene (if 8. Taking of sworn documents of the witnesses
situation requires); and release the Crime scene
after investigation (PNP, 2011). - Sworn Statement or Affidavit of
complainant/s and witness/es must be
Investigation of subjects taken immediately by the investigator-
SUSPECT OR SUSPECTS – Individual(s) who is/are on-case. Affidavit of Arrest of arresting
pointed to be by the victim (s) and witness (es) officers must be taken immediately not
to have had committed the crime in issue. later than 24 hours. In Inquest cases,
Subject person is not considered as a criminal the investigator-on-case and the
unless otherwise his/her conviction is arresting officer/s shall observe Art. 125
pronounced in the court (PNP, 2011). of the RPC (PNP, 2011).

Procedures when arrest is made


9. Preparation of reports and filling of charges ensure the attendance of witness/es (PNP,
The Investigator-On-Case shall submit the 2011).
following (PNP, 2011):
14. Uniform of the investigator
a. Spot Report within 24 hrs. to Head Quarters;
Prescribed uniform should be worn by
b. Progress Report; investigators when conducting investigation so
as to identify them as PNP personnel (PNP,
c. After Operation Report;
2011).
d. Final Report after the case is filed before the
CRIME SCENE INVESTIGATION PROPER
prosecutor's office/court; and
A. Receipt of Briefing and Designation of
e. Accomplishment Report.
Command Post
10. Procedure in the release of crime scene - Command Post an area which, is ideally
located adjacent to the Crime Scene
a. Ensure that appropriate inventory has been where the CSI Evidence Custodian stays
made and receives the pieces of evidence
b. Release is accomplished only after turned over to him for safekeeping by
completion of the final survey and proper the other evidence collectors.
documentation of evidence, witness/es, B. Initiation of Preliminary Survey (Team
victim/s and suspect/s; and Leader of CSI or SOCO)
c. If the crime scene is within a private property, a. Makes a general assessment of the scene;
the same must be released to the lawful owner
witnessed by any barangay official. In case of b. Takes a cautious walk through of the crime
government facility, it should be released to the scene;
administrator.
c. Takes down extensive note to document
11. Follow up of a case important factors;

The investigator shall conduct police operation d. Establishes the evidence most likely to be
to identify and apprehend suspect/s based on encountered;
the results of the initial investigation conducted
e. Defines the extent of the search area;
(PNP, 2011).
f. Determines the personnel and equipment
12. Preparation of case investigation plan.
needed and makes specific assignments; and
The conduct of police operation involving
g. From his assessments, he develops a general
sensational cases, high profile and heinous
theory of the crime scene.
crimes must be covered by Case Investigation
Plan (PNP, 2011). C. Preparation of Narrative Report

13. Attendance to court duties The Team leader uses the systematic approach
in making a narrative report.
The investigator-on-case and arresting officers
shall endeavor to ensure their attendance D. Documentation of the Crime Scene
during court hearings while Chief of
Police/Heads of Units shall supervise and
The photographer begins taking photographs as Distance: From the doorway to the room and
soon as possible. The evidence collectors do not other corners of the room
touch or moved any evidence once it is located
until it has been identified, measured and
recorded.

PHOTOGRAPHING THE CRIME SCENE

The main objective crime scene photography is


to create an accurate objective visual record of
the crime scene before any item is moved as
possible physical evidence.

MAJOR TYPES OF PICTORIAL VIEWS 2. Mid-Range View – shows the nature of


the crime scene.

Midrange photographs transition the viewer


from an “outsider looking in” perspective, to a
more involved perspective. Items of evidence
and their spatial relationships are shown.
Typically, this is done by depicting a single item
in relation to a fixed object in the scene. Done
correctly, this technique shows proper context,
perspective, and scale. It will also show the
precise position of each piece of evidence.

Distance: Eight or ten feet from the victim

1. General View or Long-Range/ Overall


View – photograph of the over- all
scene.

Overall photos capture the global aspects of the


crime scene. Their purpose is to show exactly
3. Close-up View – every physical
where the scene was and to show all
evidence must be photographed in
boundaries of the scene. Overall photographs
close-up view and in four different
are typically taken in an overlapping fashion
angles.
from the outside of the perimeter looking in,
and from the center of the scene looking out. Close-up photographs are deliberate depictions
This covers all areas of the scene. Items of of individual items of evidence. They must show
evidence and their spatial relationships may be all sides of the item and clearly show any
visible, but they are not the main subject of the markings, defects, or other identifying features.
photograph.
 Shows the detail of the crime
 depicts the location of the crime
 process scene from general to specific
(long range, mid-range, close-up and
identifying qualities)
 notes should be recorded that
correspond with photographs.

CRIME SCENE SKETCHES


4. Extreme close up – shows identifying
A crime scene sketch supports the photos taken
details of the crime
from the crime scene. There are two types of
An extreme close-up photograph may be taken crime scene sketch, namely;
of a small item, such as a bloodstain, hair, fabric
Rough Sketch – sketch usually done at the crime
stain or fingerprint in blood. For an extreme
scene
close-up shot, the item should be photographed
at least twice, once with a scale (ruler) and at Finished Sketch – sketch that was polished and
least once without a scale. finished and are usually done at the
headquarters for court presentation.
GENERAL METHODS OF PHOTOGRAPHY
ELEMENTS OF SKETCH
1. Overlapping - which is series of photos take in
a circular or clockwise direction, overlapping a. Measurement
each slight to show the overall scene.
b. Compass direction
2. Progressive - which starts from fixed point,
photographs each piece of evidence as the c. Essential items
photographer moves toward it, and d. Scale and proportion
progressively gets closer in the pictures.
e. Legend
Bodes are photographed from five angles:
f. Title
a. Head to feet

b. Right Side

c. Feet to head

d. Left side

e. Straight down from above

 Photographs provides a visual record of


the crime scene
 the crime scene should be recorded in
its original and uncontaminated state
 photograph evidence "as is" before
collection Q: why do we put a chalk mark on evidence?
 think about replicating the scene for
court presentation
Q: what if we found the evidence in a grassy
area?

Q: what should we label as the first evidence in


the crime scene?

SPECIFIC KINDS OF SKETCHES

c. Sketch in Details - the immediate scene


only.

a. Sketch of Locality – give picture of the


scene, the crime and its environs,
including neighboring buildings, roads,
etc. Floor Plan/Overview
 This is also known as neighborhood
sketch
d. Exploded/ cross projection – gives the
clear impression of the scene in cases
where blood stains or bullet holes are
found.

TYPES OF MEASUREMENTS

b. Sketch of the Ground – picture of the


scene of the crime with its nearest
physical surrounding.
 This is often used in big spaces or
location.
1. Rectangular coordinates method - a
sketching method that involves measuring the
distance of an object from two fixed lines at
right angles to each other.

4. Compass point - method a sketching method


that requires a protractor or some method of
measuring angles between two lines. One point
is selected as the origin and a line extending
from the origin becomes an axis from which the
angles can be measured.

2. Triangulation method - a sketching method


that requires measuring the distance of an
object along a straight line from two widely
separated fixed reference points.

5. Cross projection method – a sketching


method in which the ceiling appears to open up
like a lid of a hinged box, with the four walls
opening outward. Measurements are then
indicated from a point on the floor to the wall.
6. Azimuth/ Polar Coordinates – this method
requires two people; one who will hold each
3. Baseline method - a sketching method that
end of a tape measure. This is best suited for
makes measurements along from a single
large pen areas where there might not be any
reference line, called a baseline, which can be
reference points by using a handheld GPS
established by using a length of string, chalk
(global positioning system).
line, or some other convenient means.
CRIME SCENE SEARCH

A crime scene search could only be started after b. Double Strip or Grid Method – is a
it has been photograph and sketched to combination of the strip search and is
systematically look for physical evidence that useful for large crime scene.
may prove useful in establishing that a crime
has been committed and to determine what
method of operation the perpetrator may have
used.

METHODS OF SEARCH

c. Spiral or Circular Method – the


searchers will follow each other in the
path of a spiral, beginning in the outside
and spiraling towards the center or vice
versa in a clockwise or counter clock-
wise direction.
a. Strip or Line Search Method – the
searchers will proceed at the same pace
along the path parallel to one side of
the rectangle.

d. Quadrant of Zone Method – the area to


be searched is divided into four
quadrants and each searcher is assigned
as sector to one quadrant.
 Divides crime scene
 Also known as sector F. Collection of Physical Evidence

The competence to recognize and properly


collect physical evidence is critical to both
solving and prosecuting crimes.

The team leader is always informed of


significant evidence located. The evidence
collectors shall put his initial, location and date
of collection on the item and turn it over to the
evidence custodian for documentation and
safekeeping.
e. Wheel, Radial or Spoke Method – is
PHYSICAL EVIDENCE – these are the articles and
applicable for every area which is
materials which are found in connection with
considered to be approximately circular
the investigation and which aid in establishing
or oval. The area is then divided into six
the identity of the perpetrator or the
quadrants in a pie-like fashion.
circumstances under which the crime was
 Used during bombing incidents or
committed or which, in general assist in the
crime scenes that are relatively
prosecution of criminal. It embraces any object,
large living or inanimate, solid, liquid, or gas state.
 Also known as Pie
What are the procedures needed for the care
E. Notes Taking of physical evidence?
Note taking must be a constant activity In order to introduce physical evidence in court,
throughout the processing of the crime scene. three important factors must be considered:
Notes must include:
a. The article must be properly identified
a. Detailed written description of the Crime
Scene with locations of recovered physical b. Chain of custody must be proved.
evidence;
------------ END OF WEEK 4 AND 5 --------------------
b. The time when the physical evidence was
discovered;

c. The person who discovered and collected the


physical evidence;

d. The time when evidence was packaged and


marked; and

e. The disposition of the item when it was


collected.

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