Professional Documents
Culture Documents
BASICS OF CRIMINAL
INVESTIGATION
1. PART 1—Historical outline and Important Jargons in Criminal
Investigation
2. PART 2—Legal Definition and Types of Crimes and the Purpose of
conducting Criminal Investigation
3. PART 3—Definition, Objectives, Cardinal Principles, Legal
Limitations, Tools, and Phases or Stages of Criminal Investigation.
4. PART 4—Police Method of Identification of Culprit
5. PART 5—Police Method of Obtaining Information: Interview and
Interrogation
6. PART 6—Surviellance: Method of Locating perpetrator’s
whereabouts
7. PART 7—Gathering and Securing Evidence against Offender/s: PNP
Crime Lab, SOCO, and Crime Scene Investigation (CSI)
PART 1.
HISTORICAL TIMELINE
OF
CRIMINAL INVESTIGATION
1720—JONATHAN WILD become London’s most effective
Criminal Investigator and was a former criminal, he made popular
the logic of employing the principle that “only a thief can catch a
thief”. At that time law enforcement officials believe that only a
criminal could successfully catch a criminal. He was name as
“Thief Taker General”.
• 1749—HENRY FIELDING and JOHN FIELDING,
while serving as magistrates at England create the
“BOW STREET RUNNERS”, this group of privately
paid persons was the first organized attempt at
follow up investigations.
HENRY FIELDING founded the Bow Street Runners
BOW STREET RUNNERS was the London’s first professional police
force numbering just six (6) these were private citizens who were not
paid by public fund but were permitted to accept thief-taker rewards.
Bow Street Runners was the public nickname for these officers.
JOHN FIELDING Developed paid informant. He was the
Younger brother of Henry Fielding. One of England's first
and greatest blind policemen.
1789—United States Congress creates the Office of
the General and the Revenue Outer Service, which
regarded as the first Federal Law Enforcement and
Investigative effort.
1811—EUGENE FRANCOIS VIDOCQ He was a former
criminal/crook turned Paris police investigator and establishes a
Squad of Ex-Convicts to aid Paris Police in investigating crimes.
He works under the Theory “Set a Thief to catch a Thief”. He is
credited with the founding La Surete, France’s national detective
organization. Considered those in law enforcement to be the
“father of modern criminal investigation”.
EUGENE FRANCOIS VIDOCQ
➢ 1851—MULTI-SUSPECT IDENTIFICATION
LINEUP was used for the First Time in Boston.
➢ 1852—CHARLES DICKENS introduced the word
“DETECTIVE” to the English Language in his history
writing the Bleak House.
➢ 1852—ALLAN PINKERTON is regarded as
“America’s founder of Criminal Investigation” and
the most famous private investigator of his time. He
is credited with establishing the practice of HAND
WRITING EXAMINATION in American Courts and
promoting a plan to centralize Criminal Identification
Records.
➢ 1854—First uses of photos in criminal identification.
San Francisco uses photography for criminal
identification, the first city in the US to do so.
1. Felony
2. Offense
3. Infraction of Ordinance
1. Intentional Crime
2. Culpable Crime
1. Malum Inse
2. Malum Prohibita
The Anatomy of Crime
• CRIMINAL INVESTIGATION refers to the establishment of all facts associated with a crime to
determine the truth: WHAT happened and WHO is responsible of a criminal incident (BENETTE).
• CRIMINAL INVESTIGATION is the logical, objective, and legal inquiry involving a possible
criminal activity. The result of the inquiry, if successful, will answer the following (GILBERT):
• CRIMINAL INVESTIGATION is the collection and analysis of facts about persons, things and
places, subject of a crime to IDENTIFY the guilty party, LOCATE the where about of the guilty party,
and provide ADMISSIBLE EVIDENCES to establish the guilt of parties involved in a crime (AGAS
and CAEL).
• CRIMINAL INVESTIGATION is a lawful search for people and things useful in reconstructing the
circumstances of a crime and the mental state accompanying it (WESTON and WELLS).
CRIMINAL INVESTIGATION is an ART
and SCIENCE that deals with the
IDENTITY and LOCATION of the
offender and PROVIDE EVIDENCE of
his guilt in a Criminal Proceeding
(CERILO M. TRADIO).
CRIMINAL INVESTIGATION AS AN ART
--is a person who is charged with the duty of carrying on the objectives of criminal
investigation, e.g. to identify and locate the guilty and provide evidence of his guilt.
1. INFORMATION
2. INTERVIEW/INTERROGATION
3. INSTRUMENTATION
1. INFORMATION—refers to the knowledge which the
investigator gathered and acquired from other persons.
a. BY EYEWITNESS TESTIMONY
b. BY CONFESSION or ADMISSION OF THE CRIMINAL
HIMSELF
c. BY CIRCUMSTANTIAL EVIDENCE (Testimonial or
Physical Evidence [Tracing/Associative Evidence] e.g.,
fingerprint, dna, blood, etc.)
d. BY REASON OF MOTIVE
e. BY MODUS OPERANDI of the offender.
IDENTIFICATION BY MEANS OF WITNESS(ES)
1. FACE:
a. Fore Head—high, low, bulging, or receding
b. Eye Brow—Brushly or thin; the shape
c. Mustache—Length, Color, Shape
d. Eyes—small, medium, or large: color, clear, dull, blood shot, glasses
e. Ears—size, shape; size of lobe; angle of set
f. Cheeks—High, Low, or prominent cheekbones; fat, sunken, or medium
g. Nose—short, medium, big, or long; straight, aquiline or flat, hooked or pug
h. Mouth—wide, small, or medium; general expression
i. Lips—shape; thickness; color
j. Teeth—shape; condition; defects; missing elements
k. Chin—size; shape; general impression
l. Jaw—length; shape; lean heavy or medium
2. NECK—shape; thickness; length; adams apple
3. SHOULDER—width and shape
4. WAIST—size; shape of abdomen
5. HANDS—length; size, hair; condition of the palm
SUSPECT’S CARTOGRAPHIC SKETCH
3. ROGUE’S GALLERY (PHOTGRAPHIC FILES)—
this method is more commonly known as Identification
by Photographic Files. The witness would be assisted
to the Photo Laboratory, which contains a data base of
photographs of known criminals. Should any of the
picture calls the attention of witness that the person in
the photograph strongly resembles that of the suspect,
the investigator must be notified.
4. GENERAL PHOTOGRAPH—the investigator
should show the witness the variety of facial types
which do not necessarily represent the criminal. The
picture only represents different features of the face.
The image of the various features such as the degree
of BALDNESS, LENGTH OF SHAPE OF THE NOSE,
THE SHAPE OF THE FACE, Etc.,
GENERAL PHOTOGRAPH
5. POLICE LINEUP—it is the method of identification
by witness/es, when one or more suspect is/are under
police custody, which involve a selection of suspect/s
who were group and stand aside with innocent
persons.
a) The suspect is within the vicinity of the crime scene at the time of its commission
(this could be established either by testimonial or physical evidence)
b) Awareness of the criminal objective;
c) Absence of an ALIBI or Excuse on the part of the suspect.
• IMPORTANCE OF AN INTERVIEW
➢ At the start of the INTERVIEW, the Investigator MUST NOT TAKE NOTE of the STATEMENT. He
must only listen to the information being given. At the conclusion, he may request permission to
put the pertinent facts in writing.
➢ QUESTIONS should only be asked when the person appears to give the desire information in an
accurate fashion. DIRECT QUESTIONS have a restraining effect and will not be suitable until
the witness has given his own story and ready to cooperate in giving additional information. The
following are the rules to be observed:
1. CHILDREN—the child may indulge in fancy in the course of the interview. A CHILD under SIX
(6) may invent a story in reply to a question. An OLDER CHILD from SIX (6) to TEN (10) may
tend to distort the story. The CHIEF ADVANTAGE of an OLDER CHILD is his ABILITY TO
OBSERVE, REMEMBER, and EXPRESS himself and the ABSENCE of MOTIVE and
PREJUDICES. He is at least a stranger to falsehood inspired by heat, ambition, or jealousy.
2. BOYS—most boys are alert and can describe events and objects as they appear him. His
perceptions are not dulled by age or preoccupation with cares and he has a desire of or to
communicate truth.
3. GIRLS—girls when young are intensely interested in the world as it reacts to her. They can be
excellent sources of information because they can observe with interest events intrinsically
boring. But YOUNG GIRLS may become dangerous witness because they may permit
themselves to place fantastic interpretations on their action or they may have the tendency to
exaggerate.
4. YOUNG PERSONS—they are usually pre-occupied and this pre-occupation prevents them
from being ideal witnesses. YOUNG PERSONS are inclined to be TRUTHFUL, but their
testimony is not strengthened by any great power of observations.
5. MIDDLE-AGED PERSONS—they are keenly aware of their fellow beings at other age levels.
Their faculties and mature judgment is unimpaired. They are the IDEAL WITNESSES.
6. OLDER PERSONS—they are physically impaired and have the tendency to regress. But
intelligent older persons are effective witnesses because of maturity of judgment.
TYPES AND ATTITUDE OF SUBJECTS
• DIRECT APPROACH is the most effective with regard to WILLING WITNESS. The investigator should
begin in a friendly conversational tone and develop the information naturally. With difficult witnesses such as
those who dislike law enforcement officers and who fear retaliation, a DIRECT QUESTIONING maybe
necessary. The following are the Suggested APPROACHES to persons to be interviewed:
• Investigator must be sympathetic and should listen to the complete story of the VICTIM. He should permit
the VICTIM to offer his opinion. The investigator should not support or discourage the suggestions of the
victim or any of his own. He should devote himself simply to gathering facts.
B. PERSON COMPLAINED OF—before approach is made, the investigator must first know the ELEMENTS of
the CRIME allegedly committed and also the record or reputation of the person complained of.
C. INFORMANT—the informant must be permitted to talk freely and fully. He should be praised for the job he is
doing as “ASSISTING LAW AND ORDER” and being conscious of his “DUTY TO SOCIETY”. He must be
questioned in detail. The investigator can later made an estimate of the importance of the Information.
EVALUATION OF AN INTERVIEW
• Purpose of Interrogation
a. Medium-size room
b. Bare walls
c. No glaring lights
d. Minimum furniture
3. SEATING ARRANGEMENT—the INTERROGATOR and SUBJECT must
be seated without any intervening furniture’s.
d. SHIFTING THE BLAME—if the subject has committed the crime for the
first the time, he, with the investigator maybe able to present the incident
that it could happen to anyone. A full narration may convince the judge or
the complainant to change their minds.
e. ROLE OF “MUTT and JEFF”—one investigator will act stiffly and going
to waste any time until the guilty party is punished, while the other is kind
hearted. The kind hearted investigator will plea for cooperation while the
other is away.
4. CREATING OR INCREASING THE FEELING OF ANXIETY—the suspect is in the state of emotional
confusion, unable to think logically and clearly and his sense of value is disturbed. The investigator may obtain
confession or admission if he further misrepresents the picture.
• 4.1 EXAGGERATING FEAR—the interrogator persistently points out that the subject “cannot win”
and that there has been no perfect crime. His continued silence may affect his love ones.
• 4.2 GREATER or LESSER GUILT—a certain criminal act may constitute different kinds of offenses
which maybe grave or light. The investigator may represent himself to be interested with minor ones.
The subject, who is afraid only of the grave consequences maybe free to talk or may confess to a
minor offense.
• 4.3 THE LINE-UP—the witness, complainant, or victim are requested to recognize the subject among
the group of men in a line-up. The witness or complainant, who maybe previously coached
confidentially, points out the subject as the guilty party in the lineup. Once pointed, the subject is said
to be helping himself by “cooperating.”
• 4.4 REVERSE LINE-UP—the accused is placed in a line-up and he is identified by several fictitious
witnesses or victims who associated him with different offenses. It is expected that subject will
become desperate and confess to the offense under investigation in order to escape from the false
accusations.
• 4.5 BLUFF ON A SPLIT PAIR—this is applicable when there are more than one suspect. The
suspects are separated and one is informed that the other has talked.
• 4.6 STERN APPROACH—a judicious application of the following techniques may be useful to highly
probable guilty suspects:
TYPES OF STERN APPROACH
• At a “Psychological Moment” after the subject has freely narrated and later confused
and dispirited, another task can be taken. The investigator suddenly becomes
overwhelming indignant. He throws down his pad and pencil and demands the truth.
On the other hand, his associate investigator can take advantage of the pause and in
private, suggest to the subject that he can “straighten things out” by forgetting all the
details and getting down to a simple admission.
TECHNIQUES HOW TO CONTROL THE INTERROGATION
Types of Surveillance:
Tailing or Shadowing – surveillance of persons; it is the
observation of a person’s movement.
Casing or Reconnaissance – is the surveillance of building
place or area to determine its suitability its vulnerability in
operations.
➢ Casing-Police term
➢ Reconnaissance-military term
Roping – surveillance of other things, events, and activities
Undercover Assignment
➢ Macro-etching examination
➢ Bullet Trajectory Examination
➢ UV examination
➢ Casting and Molding examination
3. Firearms Identification Division:
➢Firearm Examination
➢Stencilling and test fire of firearm
for licensing application
4. Identification Division:
➢Fingerprint identification
➢Fingerprinting services
5. Questioned Documents Examination:
6. Polygraph Division:
➢ Polygraph Test
• EVIDENCE: LEGAL and CRIMINAL INVESTIGATION
PERSPECTIVE
A. Evidence on Legal viewpoint:
•
• EVIDENCE—is the means, sanctioned by the Rules of Court, of ascertaining in a
Judicial Proceedings the truth respecting a matter of fact. (Section 1, Rule 128
Revised Rules of Court)
• ADMISSIBILITY OF EVIDENCE—
• Evidence is admissible when it is relevant to the issue and is not excluded by the
law or the Rules of Court. (Section 3, Rule 128 Revised Rules of Court)
• ADMISSIBLE EVIDENCE—means that the evidence offered to the Court is
RELEVANT and COMPETENT.
• RELEVANT—the offered piece of evidence has probative value.
• ADMISSIBLE—the offered piece of evidence is not excluded by some Rule of
evidence, no matter what the Rule.
• PROBATIVE VALUE or WEIGHT OF EVIDENCE—refers to the binding force or
persuasive effect of an evidence that will be determined by the Court.
KINDS OF EVIDENCE ON LEGAL VIEWPOINT
ACCORDING TO ITS FORM
➢ REAL/AUTOPTIC/OBJECT EVIDENCE—evidence which are addressed to the
sense of Court. (Section 1, Rule 130 Revised Rules of Court)
➢ DOCUMENTARY EVIDENCE—evidence consist of writings, or any material
containing Letters, Words, Numbers, Figures, Symbols, or other modes of written
expressions offered as proof of their contents. (Section 2, Rule 130 Revised Rules
of Court)
➢ TESTIMONIAL EVIDENCE—is any written or oral statement of a person respecting
a matter of fact sought to be proven.
Witness testimony generally confined to PERSONAL KNOWLEDGE; HEARSAY
EXCLUDED—
A witness can testify only to those facts of which he knows of his PERSONAL
KNOWLEDGE; that is, which are derived from his own perception. (Section 36, Rule
130 Revised Rules of Court)
HEARSAY EVIDENCE—evidence that consists in something that has been told to a
witness rather than something he has himself observed or of which he has personal
knowledge or evidence not proceeding from the personal knowledge of the witness,
but from the mere repetition of what he has heard others say.
KINDS OF EVIDENCE
ACCORDING TO ITS NATURE IN PROVING THE GUILT
OF THE ACCUSED
➢ DIRECT EVIDENCE—evidence which establishes the truth of a fact
without the aid of Inference (e.g., Eye witness testimony, Confession)
➢ INDIRECT EVIDENCE (CIRCUMSTANTIAL)—is any circumstance or
status of things from which reasons draws an inference as to the
existence of a fact unknown in its relation to a fact that is known. (e.g.,
Motive, Opportunity, Intent, Fingerprint, Blood, Hair, Semen, DNA, etc.,)
REQUISITES OF SUFFICIENCY OF CIRCUMSTANTIAL EVIDENCE
TO PRODUCE AND SUSTAIN CONVICTION
a. There is more than one (1) Circumstances;
b. The facts from which the inferences are derived are proven; and
c. The combination of all the circumstances is such as to produce
conviction. (Section 4, Rule 133 Revised Rules of Court)
➢ CORROBORATIVE EVIDENCE—evidence of different form which prove
the same end.
A. Evidence in Criminal Investigation’s
perspective:
1. PHYSICAL EVIDENCE—refers to articles or materials which are found in
the Crime Scene (LOCUS CRIMINIS) in connection with the investigation
and which aid in establishing the identity of the perpetrator or the
circumstances under which the crime was committed or which in general
assist in the prosecution of the criminal.
• KINDS OF PHYSICAL EVIDENCE
➢ CORPUS DELICTI—objects or substances which are essential parts of
the body of the crime. (e.g., dead body of a victim in the case of unlawful
killing—Murder, Homicide, etc., Charred remained of a burned building or
house in the case of Arson,).
➢ ASSOCIATIVE EVIDENCE—evidence which links the offender to the
offense or crime scene. (e.g., Fingerprint, Blood, Hair, Semen, Fiber,
DNA, etc.,)
➢ TRACING EVIDENCE—articles which assist the investigator in locating
the suspect.
1. VALUE OF PHYSICAL EVIDENCE—
➢ Physical evidence can prove a crime has been committed or establish key
elements of a crime.
➢ Physical evidence can place the suspect in contact with the victim or with
the crime scene.
• Example—in a rape case, a cat’s hair was found on the lower portion
of a suspect’s trouser. The victim owned two cats)
1. Basic Equipment
• CRIME SCENE is considered as the center point of the crime and the
starting point of criminal investigation.
TWO KINDS OF CRIME SCENE (as to its occurrence)
➢ PRIMARY CRIME SCENE—the original location of the crime or incident.
➢ SECONDARY CRIME SCENE—alternate location where additional
evidence may be found.
TWO KINDS OF CRIME SCENE (as to its setting)
➢ INDOOR CRIME SCENE—refers to a kind of crime scene where the
setting is within the building, house, or rooms of premises.
➢ OUTDOOR CRIME SCENE—kind of a crime scene where the setting is in
open space.
1.CRIME SCENE INVESTIGATION
(CSI)—Is a comprehensive inquiry of a crime by
conducting systematic procedure of various
investigative methodologies which involves
recovery of physical and testimonial evidence
for the purpose of identifying the witnesses, and
arrest of perpetrator(s) for prosecution.( PNP
Standard Operating Procedure Number ODIDM
– 2011 – 008, April 07, 2011, Re: CONDUCT OF
CRIME SCENE INVESTIGATION)
• Crime Scene Investigation (CSI) shall technically
commence upon the arrival of the First
Responder’s (FRs) and conclude with the
lifting of the security cordon and release of the
crime scene by the Investigator-On-Case
(IOC).(PNP Standard Operating Procedure
Number ODIDM – 2011 – 008, April 07, 2011, Re:
CONDUCT OF CRIME SCENE INVESTIGATION)
DIFFERENT PLAYERS INVOLVED CRIME SCENE INVESTIGATION
and their Specific FUNCTION, RESPONSIBILITIES, and
PROCEDURES to observed—
• (PNP Standard Operating Procedure Number ODIDM – 2011 – 008, April 07,
2011, Re: CONDUCT OF CRIME SCENE INVESTIGATION)
✓ First Responder (FR) – Are members of the PNP or other law enforcement
agencies who are mandated and expected to be the first to respond to calls
for assistance in cases of incidents of crime. They generally refer to police officers
who have jurisdiction of the area where the incident or crime has taken place and
will proceed to the crime scene to render assistance to the victim and to protect and
secure the incident scene.
✓ Investigator-on-Case (IOC)/ Duty Investigator – Shall refer to any PNP
personnel who is duly designated or assigned to conduct the inquiry of the
crime by following a systematic set of procedures and methodologies for the
purpose of identifying witnesses, recovering evidence and arresting and
prosecuting the perpetrators. The IOC shall assume full responsibility over the
crime scene during the conduct of CSI.
✓ Scene of the Crime Operation (SOCO) Team – A forensic procedure performed
by the trained personnel of the PNP Crime Laboratory SOCO Team through
scientific methods of investigation for the purpose of preserving the crime
scene, gathering information, documentation, collection, and examination of all
physical and other forensic evidence.
A. First Responder (FR):
1. Significant Cases:
•
• a) Bombing Incident
• b) Initiated terrorist activities
• c) Raids, ambuscade, liquidation
• d) KFR case
• e) Armed Robbery of Banks and other
• f) Financial institution
• g) Calamity/Disaster
• h) Massacre
• i) Heinous crimes (as defined by law)
• j) Murder, Homicide, Arson, Rape with
Homicide
• Sensational Cases:
➢ 1. STRIP METHOD—the
searchers (A, B, C) proceed
slowly at the same pace along
the path parallel to one side of
the rectangle. At the end of the
rectangle, the searcher turns
and proceeds back along the
new lanes but parallel to the
first movements.
▪ 2. SPIRAL METHOD—the searchers follow each other in
the path of a spiral, beginning in the outside and spiraling
in towards the center.
▪ 3. ZONE METHOD—the searched is divided into
quadrants and each searcher is assigned to one quadrant.
▪ 4. WHEEL METHOD—if the area to be searched is
approximately circular or oval, the wheel method
maybe used.
MATERIALS/EQUIPMENT USED IN CRIME SCENE SEARCH
• CONTAINER—bottles,
d. COLLECTION OF EVIDENCE—gloves, cutting fliers, knife, screw driver,
envelopes,
shear scalpel, test tube,
dropper, forceps, fingerprint pins,
equipments, etc.,and thumb tacks.
• LABEL and SEAL—evidence
e. PRESERVATION OF EVIDENCE—
• CONTAINER—bottles,tags, gummed
envelopes, test tube, pins,labels, sealing wax and
and thumb tacks.
grease pencil. • LABEL and SEAL—evidence tags, gummed labels, sealing wax and
grease pencil.
2. PHOTOGRAPHING THE CRIME SCENE
▪ Paper
▪ Pencil
▪ Measuring Tape
▪ Ruler
▪ Clipboard
▪ Eraser
▪ Compass
RULES OF SKETCHING
▪ Never forget to determine the direction of the COMPASS.
Draw it on the sketch.
▪
PLOTTING METHODS are used to locate objects and
evidence on the sketch. This include the use of the
following—
▪ RECTANGULATION COORDINATES—commonly used in
an INDOOR CRIME SCENE
▪ BASELINE
▪ TRIANGULATION—method commonly used in an
OUTDOOR CRIME SCENE
▪ COMPASS POINTS
E. RECORD DETAILS
F. MAKE NOTES
PLOTTING METHODS
A. RECTANGULATION COORDINATES
PLOTTING METHODS
A. TRIANGULATION COORDINATES
NOTE TAKING
▪ 4. CRIME SCENE NOTES—is a brief records made of
what is seen, heard, or observed, which includes date and
time or arrival at the crime scene, address of the crime scene,
description of the location, weather and environmental
conditions, description of the crime, location of the evidence
relative to other key points, the names of all people involved,
modifications that have occurred, and other relevant
information.
▪ PURPOSE OF COLLECTION
1. BULLETS:
2. FIRED SHELLS:
3. FIREARMS:
▪ All containers used in the collection and packaging of the evidence must
be cleaned (previously unused) to prevent contamination and corruption
of the integrity of the evidence.
▪ Place the gun on its side on the bottom of a strong corrugated cardboard box.
▪ place the gun in place by punching holes around it sewing it down with heavy twine by lacing
the twine through the bottom of the box and over the barrel, trigger guard, rear of the frame,
and the grip, a gun may be held securely in place.
▪ pack the specimen in a larger cartoon free from movement or in contact with the cartoon
surface.
BULLETS, CARTRIDGES, CASES AND CLIPS
PACKING
Transmittal of evidence could be done either PERSONAL
DELIVERY or REGISTERED MAIL.
▪ Where the specimen was found in relation to other objects at the crime scene.
Condition of the material when found, peculiarity in any respect.
▪ Any changes in the nature of the evidence which the investigator may have made
either accidentally or unintentionally.
▪ The exact location on the specimen of spots, stains, marks or areas which are of
primary interest in the case.
▪ Type of examination desired for each specimen submitted. A brief summary of the
facts of the case under investigation
CONDUCT OF FINAL SURVEY
➢ The TEAM LEADER makes a final review of
the crime scene to determine whether or not
the processing has been completed.
RELEASE OF THE CRIME SCENE
▪ The IOC shall decide on the lifting of the security
cordon and the release of the crime scene upon
consultation with the SOCO Team Leader and he shall be
responsible in ensuring that all pieces of potential
evidence were collected by the SOCO Team as any
re-entry into the crime scene after its release to the
owner will require a Search Warrant issued by the Court;