You are on page 1of 342

TOPIC:

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

is considered by historians as the "father" of modern


criminology. His approaches were new and unique for that
time. He is credited with the introduction of undercover
word, ballistics, criminology and a record keeping system
to criminal investigation. He made the first plaster
cast impressions of shoe prints. He created indelible
ink and unalterable bond paperwith his printing company.
His form of anthropometrics is still partially used by
French police.
1829—LONDON METROPOLITAN POLICE
(Scotland Yard) was founded by Sir ROBERT PEEL.
ROBERT PEEL Instituted the Metropolitan Police in
London, which later became Scotland Yard. He is also
considered as the “father of modern policing.”
➢ 1833—The Year in which London
Metropolitan Force used the First
Undercover Officer.

➢ 1833—The Year in which the First Day Time


paid Police Officer in America established in
Philadelphia.
➢ 1835—TEXAS RANGERS was organized in
America as the First Law Enforcement Agency with
wide Investigative Authority.
➢ 1839—regarded as the Birth Year of Photography. During the
year WILLIAM HENRY FOX TALBOT explained a process he
had invented to the Royal Society of London and JACQUES
NANDE DAGUERRE gave a Public Demonstration in Paris of
the Daguerre Type, a process he had developed in
collaboration with one NIEPCEPHORE NIEPCE.
➢ 1842—the year London Metropolitan Police creates
FIRST FULL TIME INVESTIGATIVE SQUAD,
forerunner to the Criminal Investigation Division of
Scotland Yard.

➢ 1846—FRANCIS TURKEY a Boston Marshall who


Pioneered surprise police “RAID”.

➢ 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.

➢ 1856—KATE WAYNE the first woman Detective


hired by the Pinkerton Agency

➢ 1859—PHOTOGRAPHS became ADMISSIBLE in


EVIDENCE when Relevant and Properly verified in
America Appellate Courts.
➢ 1865—UNITED STATES SECRET SERVICE was
founded to investigate Counterfeiting Activity in
Post-Civil war America.
➢ 1866—First Full Time Investigative Squad in
America was created in Detroit Police Department.
➢ 1866—INSPECTOR THOMAS BYRNES, New York Chief
of Detective, established the “MODUS OPERANDI” File.
He was regarded as American founder of criminal
“Modus Operandi” (“MO”) and Rogues’ Gallery
containing pictures of known offenders.
➢1873—North West Mounted Police was
organized.

➢1877—Criminal Investigation Department in


Scotland Yard was organized under
HOWARD VINCENT.
➢ 1880—DR. HENRY FAULDS, a Surgeon stationed in
TSUKIJI HOSPITAL in TOKYO, JAPAN, began his
lengthy series of writing on Fingerprints, DESCRIBING
them and advocating their USE FOR THE DETECTION
OF CRIMINALS. Some of his ideas have found their way
into current practice.
➢ 1882—ALPHONSE BERTILLON, French Police Clerk,
regarded as the Founder of Criminal Identification in the
development of Forensic Science. He developed the
following:
➢ THREE SYSTEM OF CRIMINAL IDENTIFICATION
DEVELOPED BY ALPHONSE BERTILLON

➢ Anthropometry – method of identification/body


measurements in eleven (11) key places in the
body structure.

➢ Mug Shot – the standardized method of


photographing arrested suspects.

➢ Portrait Parle – (Speaking picture) aided the police


in identifying individuals by detailed descriptions of
human head and features.
Anthropometry
Mug Shot
Portrait Parle – (Word picture)
➢ 1884—CHICAGO POLICE DEPARTMENT
established the First Criminal Identification Bureau
in America.

➢ 1887—DR. ARTHUR CONAN DOYLE popularized


Scientific Criminal Investigation by creating the
Fictional Detective SHERLOCK HOLMES and his
friend DR. WATSON. Sherlock Holmes was featured
in six (6) short stories and 4 novels.
➢ 1892—Englishman Biologist FRANCIS GALTON wrote
the first text book on Fingerprints and devised a
PRACTICAL SYSTEM of both CLASSIFICATION and
FILING, which leads to the official adoption of Fingerprint
as system of Identification by the English, and much of
this material is still employed in Modern practice.

➢ 1893—HANS GROSS published his handbook for


examining magistrates in Munich, Germany, advocating
the use of Scientific Method in the Criminal Investigation
Process. He was regarded as the “Father of
Criminalistics”. An expert of blood stains removal and
glass breakage.
➢ 1901—SIR EDWARD RICHARD HENRY regarded
as the Father of Fingerprint who established the
First Identification Bureau at Scotland Yard.

➢ 1902—Firearms Comparison Evidence was


admitted as Proof in American Court.
➢ 1902—Establishment of the Insular Police Force of
the Philippines which later on became the Philippine
Constabulary.

➢ 1903—RUDOLPH RUSS, regarded as the Father of


Forensic Photography, published Judicial
Photography.
➢ 1905—AUGUST VOLLMER, first to sponsor College
Education for Police Officers. Founder of Institute for
Criminology and Criminalistics of the University of
California at Berkeley.

➢ 1908—BUREAU OF INVESTIGATION (Forerunner of


Federal Bureau of Investigation) was established under
Attorney General.

➢ 1910—ALBERT OSBORN publishes his text


QUESTION DOCUMENTS. Osborn a premier Document
Examiner also invented the Stereoscopic Microscope for
use in Document Analysis.

➢ 1911—Fingerprint Evidence was admitted as positive
proof in an American Court (PEOPLE VS. JENNINGS)

➢ 1915—The International Association for Criminal


Identification was founded. The word “Criminal” was
later dropped from the association’s name.

➢ 1921—JOHN A. LARSON regarded as the Father of


Scientific Lie Detection and Father of Polygraphy had
developed first three function of Lie Detector and use the
Unit in a Criminal Investigation in Berkeley Police
Department, California.
➢ 1923—LOS ANGELES POLICE DEPARTMENT
established the First Crime Laboratory in the United
States.

➢ 1923—INTERNATIONAL CRIMINAL POLICE


COMMISSION (now INTERPOL) was founded.

➢ 1924-- The FBI’s Identification Division was


founded and EDGAR J. HOOVER became the
FIRST FBI DIRECTOR.
➢ 1925—PHILIP O. GRAVELIE suggests the use of
Comparison Microscope in Bullet Comparison—the
technique that remain as the primary method in bullet
comparison identification.

➢ 1930—FEDERAL BUREAU OF NARCOTICS (now


DRUG ENFORCEMENT ADMINISTRATION) was
created to investigate violation of Drug Laws on the
National Level.

➢ 1932—FEDERAL BUREAU OF INVESTIGATION (FBI)


CRIME LABORATORY was established. This Forensic
Laboratory is now the largest, busiest, and most
respected in the World.
➢ 1935—HARRY SODERMAN, one of the famous
Criminalists, wrote and published his “Modern
Criminal Investigation”.

➢ 1940—in Aberdeen, Scotland, a new concept was


introduced in the Criminal Investigation Field. In
team policing there is no Patrol Division or Criminal
Investigation Division per section. The City is
divided into large districts and a team of Police
Officers patrol and investigate all criminal matters
within its districts.
➢ 1961—United States Supreme Court in MAPP VS.
OHIO rules that illegally seized or obtained evidence is
inadmissible in State Criminal Prosecutions.

➢ 1965—Office of the Law Enforcement Assistance


(forerunner of the Law Enforcement Assistance
Administration) was established to fund and coordinate
administration, research, and training in criminal justice.

➢ 1966—Police Act creating National Police


Commission in the Philippines was enacted which co-
sponsored by then Rep. Teudolo C. Natividad.
➢ 1966—US BANK OF PROTECTION was enacted to provide
Security Measures for Bank and other financial institutions
against Robbery, Burglary, Larceny but not against
Kidnap/Extortion, check fraud, or the multitude of internal and
bank related crime affecting financial institutions.

➢ 1967—NATIONAL CRIME INFORMATION CENTER (NCIC)


begins operations as a central computerized file of wanted
persons and property. NCIC had made it easier to make
arrests and recover property in multi jurisdiction crime sprees.

➢ 1976—RAND CORPORATION in Santa Monica, California,


published a study of 153 Jurisdictions which raises questions
concerning the effectiveness of the Traditional Detective
approach to investigation of Major Crimes

PART 2—Legal Definition and
Types of Crimes and the
Purpose of conducting Criminal
Investigation
What is Crime

An act committed or omitted, punishable


by the state, in violation of law
commanding or forbidding it. (Black’s
Law Dictionary)
• CLASSIFICATION OF CRIME

➢ According to the Law that Define and Penalize it—

1. Felony
2. Offense
3. Infraction of Ordinance

➢ According to the Means it is committed—

1. Intentional Crime
2. Culpable Crime

➢ According to its character or nature—

1. Malum Inse
2. Malum Prohibita
The Anatomy of Crime

• The Motive refers to the reason or


cause why a person will perpetrate a
crime.
• The Instrumentality is the tools used in
the commission of the crime.
• The Opportunity refers to the acts or
omission by the victim which enables
another the- criminal to perpetrate the
crime or situation/condition which make a
person vulnerable/susceptible to criminal
attack.
Reasons Why Crime Should be Investigated

1. Future deterrence of offenders


a. Investigation, trial and imprisonment will
effectively restraint and control the offender.
2. Deterrence to others
a. When punishment is served, others would not
emulate.
3. Community safety
a. Incarceration of criminals brought protection to
the people
4. Protection of the innocent
a. Innocent will be spared from criminal people.
Who Shall Conduct Criminal
Investigation

The Police Station having territorial


jurisdiction of the area where the
crime or incident occurred, unless
directed by higher authorities for a
certain case to be investigated by
other units/agency.
PART 3—Definition, Objectives, Cardinal
Principles, Legal Limitations, Tools, and
Phases or Stages of Criminal
Investigation.
INVESTIGATION defined

The term INVESTIGATION originates from the Latin


word “VESTIGARE” which mean:

1. to track or trace or probe.


2. to observe or study closely.
3. to inquire into something systematically.
4. to search for truthful information.
In the perspective of commission of crime, it refers to the
collection of facts to accomplish a threefold aim:

1. to IDENTIFY the guilty party.


2. to LOCATE the guilty party.
3. to PROVIDE EVIDENCE of his guilt.
CRIMINAL INVESTIGATION definition taken on the perspective of various Criminal Investigation
authorities:

• 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):

1. What offense had been committed?


2. Where the offense was had been committed?
3. When the offense was committed?
4. Why the offense was committed?
5. How the offense was committed?

• 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

• It is an ART because it is not governed by Rigid


Rules or Fixed Legal Procedures but most often
based on intuition (logic and tested knowledge,
immediate learning/consciousness) and sometimes by
chance. (PEDRO SOLIS)
• Exception of Criminal Investigation as an Art or the Constitutional
and Statutory Limitations of Criminal Investigation:

1. MIRANDA DOCTRINE (i.e. The Right of an arrested, detained, or


invited suspect under POLICE QUESTIONING in the commission of
an Offense) embodied in SECTION 12 of the 1987 PHIL.
CONSTITUTION, RA 7438, and SETTLED JURISPRUDENCE during
CUSTODIAL INVESTIGATION.
2. Persons Rights against Torture as provided by RA 9745 known as
“AN ACT PENALIZING TORTURE AND OTHER CRUEL,INHUMAN AND
DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING
PENALTIES THEREFOR”
3. The rules/processes/requisites relative with ARREST, SEARCHES,
and SEIZURE enshrined in SECTION 2 of the 1987 PHIL.
CONSTITUTION, RULES OF COURT, and SETTLED
JURISPRUDENCE.
4. The rules/requisites embodied in SECTION 3 of the 1987 PHIL.
CONSTITUTION, RA 4200 (The ANTI WIRE TAPPING LAW), and
SETTLED JURIPRUDENCE in the conduct of SURVEILLANCE.
CRIMINAL INVESTIGATION AS a SCIENCE:

• It is a science in the sense that it applies


technical knowledge on forensic science in identifying,
locating, collecting, processing or evaluating physical
evidences. (PEDRO SOLIS)
CHARACTERISTICS OF CRIMINAL
INVESTIGATION

1. Criminal Investigations are usually reactive in nature,


which means that they proceed with the case
immediately after a crime has been committed.
2. Criminal Investigator generally works with deductive
logic. This is done by logical progression through
sequence of event, from general to specific.
3. Investigation case files are considered as open files.
They contain information developed for the purpose of
eventually making an arrest and gaining conviction in
the court of law.
Meaning of Deductive and Inductive
Reasoning:

Deductive reasoning/judgment is one you


decide is the answer of the case, and which
you then attempt to prove with a collection of
facts. In short, you “jump at a conclusion” and
then undertake to show that your guess was
right.

Inductive- collects all the facts available first


and allows then to determine the judgment.
• CRIMINAL INVESTIGATOR

--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.

• QUALITIES OF A GOOD INVESTIGATOR



1. He must have the ability to persevere or stick to task inspite of the monotony and
the many obstacle which surrounds the investigation;
2. He must have the ability and the intelligence to obtain vital information easily;
3. He must be honest, incorruptible, and must possess personal integrity;
4. He must have a knowledge of the psychology of human behavior;
5. He must possess sufficient understanding of people and their environment;
6. He must have keen power of observation and memory retention to accurately
describe what he had seen;
7. He must be resourceful and quickly witted;
8. He must have adequate or general understanding of the RULES ON CRIMINAL
EVIDENCE and PROCEDURE and CRIMINAL LAW or SPECIAL LAW penal in
nature particularly on the elements of specific crimes under investigation.
• FIVE (5) “W” and ONE (1) “H” in Criminal
Investigation

1. WHAT—it answers the specific offense or crime involved.


2. WHO –it established the identity of the perpetrator/s and the
victim of the offense.
3. WHEN—it established the Hour and Date of the commission
of the offense.
4. WHERE—it established the location or address of the area
the crime transpired or occurred.
5. WHY—it established the reason (Motive) the offender
commits the offense.
6. HOW—it established (through eyewitness testimony and/or
Confession of the perpetrator of the crime as corroborated by
the Physical Evidence) the inception, development, and
termination of the attack or aggression of the perpetrator that
leads to the death or injury of the victm/s.
HOT AND COLD CASES:

A HOT CASE is one where the violation of Law or


Regulation has just been unearthed or discovered and the
suspects and the witness to the case are still emotionally
affected, upset or involved. A COLD CASE is dormant
case where the witness and suspect have had luxury of
ample time to mull over the ramification of the case to put
up their respective alibis or defenses or otherwise form
subjective impression of the case.

It is usual to bear this distinction in mind so that in hot


cases an investigator should lose no time in taking down
the sworn statement.
• THE THREE TOOLS OR I’S IN CRIMINAL
INVESTIGATION

1. INFORMATION
2. INTERVIEW/INTERROGATION
3. INSTRUMENTATION
1. INFORMATION—refers to the knowledge which the
investigator gathered and acquired from other persons.

Classification of sources of Information:

a. Regular sources- records, files from government


or non-government agencies, news items, etc.;

b. Cultivated- information furnished by informants or


informers.

c. Grapevines- information coming from the


underworld characters such as prisoners or ex-
convicts.
• IMPORTANCE OF INFORMATION

INFORMATION is important in Investigation because


it gives leads or clues or it answer the question “WHO
DID IT” and to certain extent “HOW” and WHY HE
DID IT”.
TYPES OF INFORMANTS:

▪ Anonymous Informant- a phone caller, letter writer or a text sender.


Never tell the informant that the investigator already knows the
information. The duty is to receive the information & not to reveal to the
caller any other information or facts about the case.
▪ Rival-Elimination Informant- maintains identity being anonymous. His
purpose is to eliminate rival person or gang due to competition or other
motives such as revenge & etc..
▪ False Informant- Usually reveals information of no consequence, value
or stuff connected with thin air. His purpose is to appear to be on the side
of the law & for throwing out suspicion from himself or from his gang or
associates.
▪ Frightened Informant- possesses fear or has self interest in giving
information to the police. He might be one of the lesser gang member
who runs to the police when his gang mates are about to be involved in a
dangerous situation or when the gang is hot on the police trail. He is
motivated by anxiety & self preservation of his well being & will furnish
information to protect himself or sustain self importance. This type is the
weakest link in the composition of criminal chain.
▪ Self-aggrandizing Informant- moves around the centers of criminals, group or
syndicate & delights in surprising the police about bits of information. His
information maybe of value by way of authentication in the intelligence operation.
▪ Mercenary Informant- The informant has information for sale. He may have been
victimized in a double-cross or little share in the loot or given a dirty deal & seeks
revenge as well as profit in his disclosure.
▪ Double-crosser Informant- he uses his seeming desire to divulge information as
an excuse to talk to the police in order to get more information from them than he
gives. To counter this kind of informant, the police apply deception method by
giving him false information that will lead to his capture.
▪ Women Informant- a female associate of the criminals, who was roughed up,
marginalized in the deal or being eased out from the group. care must be given to
this kind of informant because women, given the skills & expertise are more
dangerous than men. They often give free romance that will result in blackmailing
the investigator or will result to an extended family for support.
▪ Legitimate Informant- desire to give information that springs from legitimate
reasons. They may be a legitimate business operator who abhor the presence of
criminals in their trade & parents who are afraid that their siblings will be influenced
by their friends who are suspected to be criminals. Others are included where their
desires to give information are impressed with lawful motive.
MOTIVES OF INFORMANTS:

o Vanity- the motive is for self-aggrandizement by


gaining favorable attention &importance by the
police.
o Civic Mindedness- imbued with the sense of duty
& obligation to assist the police in their task.
o Fear-is an engendered illusion of oppression from
enemies or from impending dangers.
o Repentance- those lesser criminals such as
accomplices or accessories who will have a change
in heart to unburden their conscience.
• INFORMERS- are those persons who provide information to
the police on a regular basis. They are either paid regularly or in
a case to case basis, or none at all. They are cultivated &
established by the police on a more or less permanent character
& as long as they are loyal and useful to the police organization.

• THE PROVERBAL BASIS:

• The saying that says: “It needs a thief to catch another


thief”. The history of the French police proved that this saying is
true. The elite French Surete, task to investigate criminal cases,
hired an ex-convict as an informer. This ex-convict produced
outstanding successes in the solution of cases seemingly difficult
to be solved. The ex-convict later became the Chief of the French
Surete & the man was Vidocq.
• CRITICAL AREAS IN DEPLOYMENT OF INFORMERS

• Within the ranks of criminals & criminal syndicates


• Associates & friends of criminals
• Places or hang-outs of criminals such as night clubs,
bars, hotels, billiard halls & other places
• Slums & residential places where criminals have their
contacts
• Detention centers such as local jails & National
penitentiaries, in many instances crimes were solved by
planting moles among detention prisoners in the holding
centers of investigative units thru agreements with
prison authorities.
• Places where criminals dispose their loots.
SELECTION OF INFORMERS

• There is no hard and fixed rule in the selection of


informers. This is addressed to the sound discretion of the
investigator. The informer may be to a fixed period of assignment
or into a case-to-case basis.
• The informer must be indoctrinated that they are not
immune from arrest & prosecution if they commit crime. They
should not bring shame & dishonor to the police service. When
they will commit crimes, they should be punished like the rest.
• All sectors of society must be covered, & their
composition must include but not limited to taxi drivers, jeepney &
bus drivers, vendors, conductors, waiters, dancers, ex-convicts,
shady or underworld characters, hostesses, bankers, security
guards, businessmen, prostitutes, the elite in the society &
others.
• They should be planted as moles or stole pigeons
practically in all corners of social order.
WOMEN INFORMERS:

• This is the most effective among informers


because they could easily penetrate the ranks of
criminals with less suspicion. Besides they could
mingle with the crowd easily & could obtain
information more than their male counterparts,
especially if their beauty attracts attention. They have
easier access to women associates of male criminals.
However, care must be employed as they could easily
double-cross the police once they fall in love with
criminals.
DUAL ROLE OF INFORMERS

• Identifying & tracing the whereabouts of the


suspects
• Gathering of information that will lead to the arrest
of the lawbreaker and the location and recovery of
the evidence such as the loot or other pieces of
evidence relevant to criminal activities.
2. INTERROGATION and INTERVIEW
• INTERROGATION—refers to the vigorous or forceful
questioning of a person who is reluctant or unwilling
to reveal or divulge information.

• Usually administered to a Suspect/s and their


relatives and known associates.

• INTERVIEW—refers to the simple questioning of a


person who cooperates willingly to the investigator.

• Usually the subject is the Victim/s and their relatives,


Witness(es), and/or Informants.
3. INSTRUMENTATION—refers to the
application of instrument and methods of science
(physical, biological, or mathematical) to the detection
of Crime. It is the application of Physics, Chemistry,
Biology in Crime Detection or the sum total of the
application of all sciences in crime detection otherwise
known as CRIMINALISTICS although instrumentation
means more than Criminalistics because it includes
also all the Technical Methods by which the fugitives
may be traced and examined.
PART 4—Phases of Criminal
Investigation and Police Method
of Identification of Culprit
PHASES/STAGES OF CRIMINAL
INVESTIGATION

A. The Criminal is IDENTIFIED.


B. The Criminal is TRACED/LOCATED.
C. The Evidence (e.g., Real/Object [Physical],
Testamentary [ Eyewitness testimony or Expert witness
i.e, Medico Legal Officer, Forensic Chemist, Biologist,
Dactyloscopy Expert, Ballistic Expert, Question
document expert, Accused Confession or Admission],
Documentary) proving perpetrators guilt are
GATHERED/COLLECTED for prosecution or court
presentation.
IDENTIFICATION OF CRIMINAL/S

• The identification of criminal is the First stage or phase


in Criminal Investigation. It may be made or established
in the following ways:

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)

• Accuracy of IDENTIFICATION OF CRIMINAL by


EYEWITNESS accounts would depend on the following
factors:

a. The ability of the witness to remember the “RELATIVE


DISTINCTIVENESS” of the offenders appearance;
b. The prevailing conditions of observation and visibility
when the crime was committed;
c. And the lapse of time between the crime commission
and identification process.
Eyewitness testimony (Testimonial evidence)

Positive testimony Negative Testimony


1. When a witness affirms that a fact 1. When the witness states
did or did not occur; That he did not see or
know the occurrence
2. Stronger and weightier; of a fact
3. Generally prevails
POLICE METHODS OF IDENTIFICATION OF
CULPRIT BY MEANS EYE WITNESS/ES
➢ Methods by which an Actual Witness or persons, who have
Personal Knowledge regarding the commission of the crime
and the identity of the offender, can make their perception
useful to the Criminal Investigator. They usually identify the
perpetrator by means of any of the following:

1. BY MEANS OF VERBAL DESCRIPTION (Portrait Parle)


2. ARTIST ASSISTANCE (Cartographic Sketch)
3. ROGUE’S GALLERY (Photographic Files)
4. GENERAL PHOTOGRAPH
5. POLICE LINEUP
6. WITNESS POLICE STATION SHOW UP
1. BY MEANS OF VERBAL DESCRIPTION (Portrait
Parle)—this particular method would rely or depend
on the ability of the witness to clearly described and
to narrate the participation of the suspect with that
of the crime. The FACIAL CHARACTERISTICS,
COLOR, SIZE, and BODY BUILT and as well the
VOICE of the perpetrator—forms the basis of
EYEWITNESS IDENTIFICATION.
2. ARTIST ASSISTANCE (CARTOGRAPHIC SKETCH)—
this is utilized to enable the witness to properly identify the
perpetrator of the crime that depict a composite of the
offenders features (FACIAL or BODY) described by the
eyewitness.

The witness is shown a CHART which contains


representations of various types of human features as
NOSES, EYES, EARS, Etc., and is requested to select the
individual features present in the unknown criminal. From
this selection, the artist draws a composite of the face
which maybe a close approximation to that of the criminals.
• Basis of Identification of Eye Witness
(RELATIVE DISTINCTIVENESS)

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.

• POLICE LINEUP increases the reliability of


suspect/s identification by eyewitness. The purpose
of the POLICE LINEUP is elimination of the power
of SUGGESTION as a factor in Identification
PROCEDURE OF POLICE LINEUP

a. There must be a group of seven (7) to ten (10) persons. Their


appearance must be almost the same as to height, hair color, and
clothing. The suspect must be given the opportunity to select the position
in the lineup.
b. The witness should be instructed before entering the lineup room to the
fact that the suspect is among the persons in the group. The suspect
should not be made aware of any decision on the part of the witness.
c. The lineup members should not talk while in the room unless VOICE
IDENTIFICATION is required. Before bringing the witness, the
investigator should determine whether it will be necessary to have the
lineup members wear hats; walk, show certain physical areas; sit down,
otherwise demonstrate any characteristics. If the witness desires the
lineup members to perform certain actions, he should communicate this
information discreetly to the investigator.
d. If there are more than witness, they should make their identification
separately and should not be permitted to confer with each other, until
they have indicated their individual decisions to the investigator
6. WITNESS POLICE STATION SHOW UP—this
method of identification involved witness show up in
police station, as either directed or invited by the
police to verify or confirm suspect/s identity, who were
made to confront face to face upon the suspect or by
merely looking or viewing the suspect/s inside the
lockup cell.
IDENTIFICATION BY MEANS OF CONFESSION
OR ADMISSION OF THE CRIMINAL HIMSELF

• CONFESSION—is an expressed acknowledgement


by the accused in a criminal case, of the truth of his
guilt as to the crime charged, or of some essential
thereof.

• ADMISSION—is a statement of fact usually applied


in criminal cases which do not directly involve an
acknowledgement of guilt or criminal intent.
CONFESSION AND ADMISSION DISTINGUISH

CONFESSION is an acknowledgement of GUILT,


while ADMISSION is an acknowledgement of FACT.
TWO (2) KINDS OF CONFESSION
1. EXTRA JUDICIAL (OUT OF COURT) CONFESSION—refers to a confession
made outside the court. (e.g., CUSTODIAL INVESTIGATION)

• KINDS OF EXTRA JUDICIAL CONFESSION

a. VOLUNTARY EXTRA JUDICIAL CONFESSION—a confession which is freely


given uncontaminated by any form of duress or given not as a result of torture,
force, violence, threat, intimidation, or promise of reward or leniency.

a. INVOLUNTARY EXTRA JUDICIAL CONFESSION—a confession done outside
the court or before trial wherein the accused made the statement which is not of
his own freewill or influenced by other person or obtain through duress or 3rd
degree practice or promise of reward or leniency.

2. JUDICIAL (IN COURT) CONFESSION—a confession made before the court


during criminal prosecution (i.e., stage of judicial proceeding from arraignment up to
rendition of the decision of the case). It is usually voluntary and admissible evidence
of high order.
IDENTIFICATION BY MEANS OF CIRCUMSTANTIAL EVIDENCE—

➢ May derive from MOTIVE, OPPORTUNITY, and INTENT. It could


be established by Testimonial and/or Physical Evidence (e.g., DNA,
Fingerprint, Blood, etc.,) establishing the IDENTITY and LINK a
person in the LOCUS CRIMINIS (i.e., Crime Scene), which
sufficient to produce and sustain conviction if the circumstances
proven constitute an unbroken chain which leads to a fair and
reasonable conclusion that the accused, to the exclusion of others,
is the guilty person.
SOURCE OF CIRCUMSTANTIAL EVIDENCE
1. MOTIVE—see discussion on the next succeeding page.

2. OPPORTUNITY—refers to the physical possibility, likelihood, or chance that the


suspect has committed the crime. It may be established from any of the following:

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.

• PHYSICAL EVIDENCE (ASSOCIATIVE) refers to Physical Proof, which may


establish the identity of the perpetrator by means of PERSONAL
PROPERTIES, CLUES, CHARACTERISTICS construed from the objects
found at the Crime Scene e.g., GARMENTS, TOOLS, FINGERPRINT
IMPRESSION, BLOOD STAINS, HAIR, FIBERS, and others that may be left by
the suspect.

3. INTENT—refers to the purpose to use a particular means to effect a result. This


must be proven. INTENT is always presumed from the commission of the unlawful act.
It assumes the exercise of freedom and the use of the intelligence. It may be
manifested by the overt acts of the suspect. Lack of intent to commit the crime may be
inferred from the facts surrounding the crime.
• CIRCUMSTANTIAL EVIDENCE or
otherwise known as Indirect or Presumptive
Evidence—is evidence that is drawn not
from direct observation of a fact at issue
but from events or circumstances that
surround it.

When circumstantial evidence is sufficient for


conviction:

➢ There is more than one circumstance;


➢ The facts from which the inferences are derived
are proven; and
➢ The combination of all circumstances could
produce a conviction beyond reasonable doubt.
IDENTIFICATION BY MEANS OF MOTIVE
• MOTIVE is the means usually adopted by the investigator, in
the absence of direct evidence, in establishing leads or clues as
to identity of the perpetrator.

• MOTIVE—refers to the moving power or inner impulse, which


compels one to action for a specific and definite result. It may be
established by the testimony of the witness/es on the statement
or overt acts of the suspect before or immediately after the
commission of a crime.

• MOTIVE becomes relevant and significant when the evidence


of the prosecution is circumstantial and there is dispute on the
identity of the real perpetrator or when the perpetrator of the
crime will fall to several numbers of persons as to whom
among them the real culprits.
IDENTIFICATION BY MEANS OF MODUS
OPERANDI

➢ MODUS OPERANDI is a method/means adopted in


Criminal Investigation, devised by Maj. Gen.
LEWELY ATCHERLY, which operates under the
Theory “That it is Human nature that personal habits
and mannerism do not change easily but remains
with the individual for years”.
➢ MODUS OPERANDI refers to the METHOD OF
OPERATION or the Distinct Manner of how crimes are
committed by known Criminals.

➢ MODUS OPERANDI File enables the investigators to


recognize a Pattern of Criminal Behavior, to associate a
group of crimes with single perpetrator to enable them to
predict, approximately, the next target of the criminal,
and to assist complainants, eyewitness/es and
investigators to recognize the perpetrator by means of
the recorded information concerning the characteristics
of his criminal activities.

➢ The MODUS OPERANDI Record are classified and filed


in such a way as to assist in identifying the crime as one
committed by a known criminal or as one of a series
committed by an unidentified criminal.
➢ The MODUS OPERANDI File are classified into the following categories:

1. PROPERTY—the nature of the stolen property provides an excellent clue in


crimes which involves robbery or theft.
2. DESCRIPTION—if the criminal was observed, a verbal description is usually the
most important clue to the identity of the perpetrator.
3. OBSERVATION AT THE SCENE—the data of the scene are important since
they may result in a useful pattern. Thus, the objects and substances seen,
tasted, or felt will contribute to the complete picture.
4. MOTIVE—in addition to the acquisition of property, there are many other criminal
motives. Thus, in murder, rape, and assault, in general, a pattern of behavior
may be discerned in the course of a series of crime. This observation is
particularly true with regard to the crimes accomplished by the psychopaths.
5. TIME—the time in which the crime was committed is an important element in the
pattern. Naturally, since the exact moment of occurrence cannot be readily
established in many cases, the investigator must endeavor to establish the time
of occurrence between determinable limits.
6. PECULIARITIES—from evidence, weakness of character will ordinarily reveal
themselves in the uninvited surroundings of the crime. Peculiarities such as
partaking of the victim’s liquor, psychopathic defecation, and theft of
inconsequential items such as ties or cuff links are particularly significant.
7. OBSERVED PECULIARITIES—an observer of the offense may be able to
supply valuable clues in the form of personal idiosyncrasies. Speech is one of
the most important clues, enunciation, dialect, and diction can be closely
described
PART 5—Police Method of
Obtaining Information: Interview
and Interrogation
METHODS OF OBTAINING INFORMATION
A. INTERVIEW

• An INTERVIEW is the questioning of person who is believes to


possess knowledge that is official interest to the investigator. In an
INTERVIEW, the person questioned usually gives his account of an
incident under investigation or offers information concerning a
person being investigated in his own manner and words.

• The subject of an INTERVIEW is/are COMPLAINANT or VICTIM


and their FAMILY, WITNESS/ES.

• IMPORTANCE OF AN INTERVIEW

• In most cases, interviews are the only source of information


and great part of the investigation is devoted to them.
DISTINGUISH INTERVIEW FROM INTERROGATION

• INTERVIEW refers to the simple questioning of a


person who is cooperating with the investigator
usually the subject involved is/are VICTIM/S and/or
WITNESS/ES, while INTERROGATION maybe used
to described the vigorous questioning of one who is
reluctant to divulge information usually the subject
is/are SUSPECT/S.
QUALIFICATION OF AN INTERVIEW

a. RAPPORT—good relationship between the interviewer and the subject.


The investigator must endeavor to win the confidence of the subject
wherever this is possible. RAPPORT will let the subject unloose a flood
of useful information, while strange relationship between interviewer and
subject will make the latter reluctant to give any desired information.
b. The interviewer must possess FORCEFUL PERSONALITY. He may
induce trust and confidence by the strength of his character. He must be
sympathetic and understanding without any air of superiority.
c. BREADTH OF INTEREST—it is necessary for the interviewer and the
subject to a meeting ground of interest. The interviewer must have
sympathetic personality, broad practical knowledge and knows the
background of the subject.
d. A good investigator must have the QUALITIES OF A SALESMAN, AN
ACTOR, AND A PSYCHOLOGIST. He must possess insight, intelligence
and persuasiveness. His speech should be suited to the situation
PLACE ANDTIME OF INTERVIEW

➢ A PLACE where it will provide the interviewer a


psychological advantage maybe good site for an
interview, however, this rule may be modified to suit the
exigencies and the nature of the case.

➢ PRIVACY during the interview must be observed. In


important criminal cases, arrangement of the place of
interview other than the home or office of the subject
maybe made earlier.

➢ The TIME of interview should be selected to make the


subject give his full attention to the matter. The interview
must be made as soon as possible after the event, when
the information is still in the mind of the witness.
BACKGROUND INTERVIEW

➢ BACKGROUND INTERVIEW is the simplest type of interview which concern itself


with the gathering of information regarding the background of a person. The
following are the common DATA required for a BACKGROUND REPORT;

1. Date and Time of Interview


2. Name, vocation, and address of the person interviewed
3. Full name of the Subject
4. Length of acquaintances in years
5. Type of Contract, whether business or social
6. Degree of association, whether daily, occasionally or rarely
7. When last seen
8. Names—parents, brothers, and sisters
9. Marital Status and Children
10. Residence—past and present
11. Educational Background
12. Personal and Financial Habits
13. Personality Traits
14. Membership in Organization
15. Relatives in Foreign lands
16. Honesty, loyalty and discretion
17. Recommendation for a position of trust
18. Evaluation
19. References
STAGES OF INTERVIEWS IN CRIMINAL CASES

a. PREPARATION—before the actual interview, the investigator


should mentally review the case and consider what information
the subject can contribute. He must acquaint himself with the
background of the witness, plan his interview, and when
necessary, provided himself with a checklist of the important
points of the future interview.
b. APPROACH—on the first meeting between the investigator and
the witness, the investigator should show his credentials and
inform the subject of his identity. This is done to avoid
misunderstanding and future charge of misrepresentation.
c. WARMING UP—preliminary subject matter of the conversation
must be focused to warm up the atmosphere, to promote
cordiality and trust with each other. The witness should be given
every opportunity to give a complete account without interruption.
d. QUESTIONING—the interviewer or investigator should start
questioning on points he wants to elicit. Elements of the offense
and his knowledge of the crime should guide the investigator in
his questioning.
RECOMMENDED BEHAVIOR OF THE INVESTIGATOR DURING THE INTERVIEW

a. RETAIN A PLEASANT MOOD—don’t show feelings of contempt, impatience, and


the like. Don’t let your reactions to answers betray your feelings.
b. CONTROL YOUR TEMPER—if the subject “GETS UNDER YOUR SKIN,” he is
getting the upper hand. For an investigator to loss his temper during an interview,
unless part of an act, is inexcusable. The investigator must take all that is offered;
insults, offenses, aspersions. He should never show anger, charging, or emotional
disturbance, unless it is part of the plan.
c. RADIATE CONFIDENCE—never show doubt as to the outcome of the
interrogation. A confident attitude will imply that the interrogator knows the whole
story.
d. NEVER DIVULGE THE CASE—very seldom it is good policy for the investigator to
give away his side of the case. Let the subject guess how much is known or not
known. Don’t give him any basis for such judgment by revealing anything about the
investigation.
e. AVOID A CLASH OF PERSONALITIES—the investigator how capable he may be,
will run into situation where he can feel that his personality and subject’s
personality will clash. When the investigator recognizes that natural animosity has
been aroused through breach of basic rules of contact and approach, he should
stop the interview on some pretext or other. He should leave in a calm pleasant
manner in order that an associate can continue.
f. SUSPECT EVERY ANSWER—do not accept any answer or statements as being
true. Face the possibility that every answer is false. Recheck and verify, by
experiment, if necessary, each answer or statement. Cover all angles of the case.
g. NEVER BE LITTLE THE SUBJECT—don’t give the impression that he is stupid,
ignorant, or in anyway inferior to the investigator. The investigator should not
indicate anything about himself that will cause the subject to suffer by comparison.
RULES TO BE OBSERVED IN QUESTIONING DURING 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:

a. ONE QUESTION AT A TIME—multiple questions are confusing.


b. AVOIDING IMPLIED ANSWER—implied answers are useless. Suggesting the answer defeats
the purpose of the interview.
c. SIMPLICITY OF THE QUESTIONS—long, complicated and legalistic questions are confusing
and irritating. Subject may refuse to answer and this cause embarrassment and resentment.
d. SAVING FACES—embarrassing situation on the subject because of the exaggeration or error
in matter of time, distance and description can be avoided if the interrogator will cooperate with
the subject to “SAVE HIS FACE”. The investigator should not ridicule his stupidity, poor
judgment, and other deficiencies.
e. YES and NO QUESTIONS—do not insist on a “YES” or “NO” answer because it will result to
inaccurate answers and prevent flow of information. QUALIFIED ANSWER should be
encouraged.
f. POSSITIVE ATTITUDE—a positive way of questioning and approach should be employed. A
negative method of questioning is inviting a negative answer. TIMIDITY and LACK OF
CONFIDENCE on the part of the investigator are easily detected by an average man.
Leadership and firmness are respected and command acquiescence.
DIFFERENT PERSONALITY SUBJECT OF INTERVIEW

➢ The techniques of Interviewing depend on the personality of the Subject.

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

➢ A good investigator must be able to adjust his methods of interviewing to the


type, personality and attitude of his subject. The following are the different types
and attitudes of subjects he may encounter:

1. KNOW-NOTHING TYPE—these are persons who are reluctant to become


witnesses and particularly true among uneducated persons. The remedies are:
a. An extensive warm up may yield a results if followed by persistent questioning;
b. Presenting the subject with a great many questions to which he cannot reply
that he knows nothing, and then leading him into relevant questions.
2. DISINTERESTED TYPE—uncooperative, indifferent persons must be aroused.
He should at first be flattered to develop a pride in his ability to supply information.
His interest should be stimulated by stressing the importance of the information he
possesses.
3. DRUNKEN TYPE—flattery will encourage the drunk to answer questions and
develop interest. It is not advisable to take written statements from a person when
he is drunk.
4. SUSPICIOUS TYPE—fear must be removed and the investigator should apply
psychological pressure. Let him think that his non cooperation will work against him.
5. TALKATIVE TYPE—the investigator must find ways and means to shift his
talkativeness to those matters useful in the investigation.
6. HONEST WITNESS—honest and cooperative witnesses will be the
ideal witness with little care and guidance.
7. DECIETFUL WITNESS—he should be permitted to lie until he is
well enmeshed with falsehoods and inconsistencies. A recording of his
lies is extremely effective in the playback. Then the investigator will
claim perjury and false statement obstructing justice with the witness as
the defendant. He will feel that he is punishable under the law and now
he has an excellent motive for telling the truth for self preservation.
8. TIMID WITNESS—the investigator should employ friendly approach
and should spend some time in explaining that the information
obtained will be treated as a confidential matter.
9. BOASTING EGOISTIC or EGOCENTRIC WITNESS—patience and
flattery are necessary for they will be good witnesses because of their
drive towards self expression. Unfortunately they are prone to color
their story and put unwarranted emphasis in their own part.
10. REFUSAL TO TALK WITNESS—most difficult, but investigator
must persevere and neutral topics must be first taken.
APPROACHES WHICH AN INVESTIGATOR CAN UTILIZE IN AN INTERVIEW

• 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:

A. COMPLAINANT/VICTIM—the investigator should appear sympathetic by expressing his interests


regarding the case. He should inform the subject of his full cooperation, but the investigator should—

1. Determine whether all the elements of the offense is present.


2. Determine whether the complainant is a “CHRONIC COMPLAINANT”.
3. The motivation of the complainant.

• 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

a. PHYSICAL MANNERISM—NERVOUSNESS, EVASIVE FACIAL


EXPRESSION, EMBARRASMENT at certain questions,
PERSPIRATION, Etc., will give indication of the
TRUSTWORTHINESS of the persons.
b. FRANKNESS—the investigator should compare the subject’s
account of certain events with the facts that he probably should
have knowledge of. Significant omissions should be noted.
c. EMOTIONAL STAGE—the investigator should observed the
emotional reaction to questions. Partial guilt can be detected by
unwarranted indignation or excessive protest.
d. CONTENT OF STATEMENT—the information given by the
witness can be compared with the statement given by the other
witnesses with known facts. Discrepancies and
misrepresentations can be detected by comparing the
information with the known facts.
METHODS OF REPRODUCING AN INTERVIEW

a. MENTAL NOTE—relying simply on memory has the advantage of


permitting an uninterrupted flow of information without inspiring caution
due to the appearance of pencil and paper. The disadvantage is that,
untrained memory may come away from an interview with little more than
a general impression and a few phrases.
b. WRITTEN NOTE—a written note must necessarily be sketchy. It must
only record significant data. A flood of information may overwhelm the
investigator when dealing with a subject of interview who suddenly talks
spontaneously.
c. STENOGRAPHIC NOTES—the presence of stenographer may deter a
hesitant subject. Moreover, the investigator seldom has stenographic
facilities at his disposal.
d. SOUND RECORDING—the disc, tape, or wire recording has been to be
the simplest and most practical means of reproducing interview. It
requires of course, physical preparation and a moderate degree of
technical facilities.
e. SOUND MOTION PICTURE—the ideal solution is the sound motion
picture that combination of sound and sight which most exactly
represents to senses the event itself.
TWO (2) GENERAL TYPES OF RECORDING

1. OVERT TRANSCRIPT—this is the recording of the interview


or interrogation known to the subject. The suggestions of the
recording may come from the investigator or from the
interviewee himself. The nature of the investigation will
determine whether the investigator should suggest that a
recording be made. If the witness is “Friendly to the
prosecution” and the information which has to offer is
somewhat complicated in nature, the most practical
procedure is to request permission to record. A courtesy copy
of the record maybe given to the interviewee if he so
requests.
2. SURREPTITIOUS TRANSCRIPT—this is the recording of the
interview without the knowledge of the subject.
INTERROGATION

➢ —is a questioning of a person suspected of having committed an


offense or of a person who is reluctant to make full disclosure of
information in his possession which is pertinent to the investigation.

• Purpose of Interrogation

1. To elicit/extract CONFESSION, ADMISSION, or Plain Information.


2. To learn the identity of the accomplices or other partners in crime.
3. To develop information which will lead to the location and eventual
recovery of the fruits, proceeds, effects, or instrument of crime.
4. To discover the other details of crime participated in by the suspects.
5. To discover inconsistencies in the statement of the suspect/s.
6. To be used as reference in later or future another interrogation
Qualification of an Interrogator
a. GENERAL KNOWLEDGE—this can be acquired by developing intellectual curiosity and a
keen sense of observation—an investigator must cultivate genuine interest in people and
their problems. A wide range of knowledge concerning professional activities is highly
desirable.
b. ALERTNESS—an investigator must constantly alert so that he analyze the subject
accurately and adopt the technique proper for the occasion. He must be immediately
aware of contradictory information, gaps in the subject story and unexplored leads.
c. PERSEVERANCE—investigator must be patient to obtain accurate and complete
information, especially with uncooperative subjects.
d. INTEGRITY—investigator must keep all promises he makes. If the subject questions the
integrity of the investigator, it is practically impossible to have the trust and confidence of
the subject.
e. LOGICAL MIND—the sequence of the questioning must be logical to make the narration
clear.
f. ABILITY IN OBSERVATION AND INTERPRETATIONS—he must not only have the ability
to “Size up” an individual, but he must also learn to observe and interpret his reaction to
questions.
g. POWER OF SELF CONTROL—loss of temper results in a neglect of important details.
h. PLAYING A PART—the investigator must act to suit the needs of the situation.
THE ATTITUDE OF THE INVESTIGATOR IN THE INTERROGATION ROOM

1. Dominate the Interview—the strength of the personality of the interrogator must


dominate and command the situation. He must never self control, be ill tempered,
hesitant in the face of any violent reaction, or obvious fumbling for question as a
result of lack of resourcefulness.
2. Distracting mannerism—anything that will distract the attention of the subject
should be avoided. Passing in the room smoking, telephone ringing, etc., should
be avoided.
3. Language—the language of the investigator must be in consonance with the level
of the subject’s mentality. The choice of words should be made with the view to
encourage a free flow of speech from the subject.
4. Dress—civilian dress is more likely to inspire confidence and friendship in a
criminal than a uniform. The sight of the protruding gun may arouse enmity or a
defensive attitude on the part of the criminal.
5. Preliminary conduct—it is advisable to identify yourself and inform the subject of
the purpose of the investigation. At the start, you must inform the suspect of his
rights against self-incriminatory questions.
6. Presence of other person/s—limits the number of persons present during the
interrogation. Ordinarily the investigator or rather the interrogator should be alone
with the subject and that the other parties maybe called in for specific purposes
such as the signing the confession.
7. Place—interrogation must be in an office or room where the interrogator shall have
psychological advantage. In the subject home, he may be confident, indignant, or
recalcitrant.
DESCRIPTION OF THE INTERROGATION ROOM

➢ The INTERROGATION ROOM must be free from distraction and should


be designed not to give more encouragement for the SUSPECT.

➢ The following are some of the ideal requirements:

1. PRIVACY—this can be achieved by:

a. Only one door


b. Absence of window or view
c. Sound-proof
d. Telephone without a bell

2. SIMPLICITY—distraction should be kept to its minimum. Too many


objects may distract the attention of the subject. This can be accomplished:

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.

a. Chair—armless, straight back chair for the suspect.


b. Table or Desk—have a flat surface where the interrogator can write and
place the evidence.
c. Seat of suspect—his back must be facing the door to prevent the
interruption by the person getting inside the room.

4. THE TECHNICAL AIDS—the interrogator may allow other persons to be


present. Persons like the prosecuting office will have the opportunity to
observe the suspect, and the victim/complainant or witness to be able to
make identification.

• The following maybe the other technical aids:

a. Recording installation—important interrogation and confessions maybe


recorded.
b. Listening device—a hidden microphone as a “live” telephone should be
installed.
c. Two-way mirror or one way mirror.
TYPES OF INTERROGATION

➢ NARRATIVE TYPE—the interrogator gets the subject’s story as


narrated. The investigator must be observant of all conditions and
words used. He must note the physiological reactions exhibited by
the subjected in the course of the narration. He must show
respect and gratitude for the subject’s narration. He must show
respect and gratitude for the subject’s narration. This type is good
for those subjects who are willing to talk.

➢ QUESTION and ANSWER TYPE—if the subject is talking, the


investigator must wait until the completion of the narration and
then ask question. It presupposes a great deal of knowledge by
the investigator about the case and about the subjects. As
question and answers tend to hinder free spontaneous
responses, the investigator should be alert to the possibility of
such responses and not shut the subject off too soon on any
answer.
DIFFERENT INTERROGATION TECHNIQUES

➢ The choice of the technique to be used depends on the nature of


the crime committed, the character of the subject, and on his own
personality and limitations. The following are the techniques used
in interrogation—

1. EMOTIONAL APPEAL—the interrogator should combine the


character of an actor and a practical psychologist. He must be
able to analyze the personality of the subject within a short time.
Decide the motivation and create a good atmosphere conducive
to confession.

2. SYMPATHETIC APPROACH—the interrogator must listen to the


subject’s story of his troubles, plight and unfortunate situation. An
offer of friendship and acts of kindness may win his cooperation.

3. FRIENDLINESS—a friendly approach may induce the subject to


confess.
FORM OF FRIENDLINESS:

a. THE HELPFUL ADVISOR—the investigator is the subject’s friend. If he


explains the whole thing to his friend, the investigator will try to advise
him.

b. THE SYMPATHETIC BROTHER—the subject is seeking peace of mind


and thus square things with his own conscience. Recital of his story to
the investigator may give him the chance he is asking for.

c. EXTENUATION—if the suspect were to give the details of the


unfortunate incident, his friend, the investigator could be present the
affair in its true light.

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.

• METHODS OF PROMOTING ANXIETY:

• 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

➢ PRETENSE OF PHYSICAL EVIDENCE—the investigator may pretend that


certain physical evidence has been found by laboratory experts against him. The
average person has mystical notions of scientific crime detection and will accept
practically any claims that science may make.

➢ JOLTING—maybe applied to calm and nervous subjects. By constantly


observing the suspect, the investigator chooses a propitious moment to shout a
pertinent question and appear as though he is beside himself with rage. The
subject maybe unnerved to the extent of confessing.

➢ INDIFFERENCE—the investigator will discuss the case with another investigator


in the presence of the subject. The purpose of the discussion is to determine
whether they can obtain conviction for a greater crime or whether they can
obtain the maximum sentence. The aim or course is to induce the subject to
plead them. Only with extreme reluctance do they give consideration to his
pleas. Gradually, they become “reasonable.”
• QUESTIONING AS A FORMALITY—the interrogator asks a series of question as if it
is necessary of formality in his routine duty. He gives the impression that he knows the
answer, but that he is required to ask question in consideration of the right of the
accused. When the answer is not that which the interrogator expects, he puts down
his pencil skeptically, looks at the suspect, stares at his notes and shakes his head
ruefully. Prolonged silenced will work with equal effectiveness.

• AFFORDING AN OPPORTUNITY TO LIE—the interrogator first asks for detail


information concerning the subject’s background. Then he proceeds to the activities of
the subject before and after the crime in question was committed. Then he proceeds
to the activities of the subject before and after crime in question was committed. Then
the investigator invites the subject to tell in his own words all that he knows about the
offense, the victim, the complainant, possible suspects, and the circumstances
surrounding his involvement in the case. From all this information, the investigator will
be able to detect weak points, such as lies, inconsistencies, improbabilities, and gaps.
The subject will ordinarily continue answer questions, since he cannot tell that all the
information is not necessary for an investigative report. The investigator gives the
impression that he is not interested in guilt or innocence; he only wishes to obtain for
his report.

• 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

➢ An interrogator must not lose control of the interrogation. The unexpected


answers of the suspect or his startling emotional reactions must not upset
the interrogator. The following recommendation must be followed to have
control of the interrogation—

1. INITIAL PHASE—in the beginning of the interrogation, the interrogator


has little need for control. The subject maybe permitted to tell his story in
his own way without interruption.
2. QUESTIONING—after the narrative phase, planned question should be
put to the subject. The tone of the questioning will depend on the
response of the subject. If the subject appears to be cooperative, the
investigator should endeavor to develop in him a pride in his cooperation.
3. EMOTIONAL CONTROL—if the subject is not cooperative, the
investigator should make every effort to remain calm. Anger will swiftly
lead to duress. The suspect will sense his superiority in remaining calm.
The investigator may find relief in putting his effort into the expression of
emotions or sentiment such as patriotism, motherhood, childhood,
religion, or fidelity of ideals.
4. STRATEGIC INTERRUPTION—when the interrogator senses
THE PHYSIOLOGICAL SYMPTOMS OF GUILT DURING
INTERROGATION

1. SWEATING—if the face is flushed, anger is indicated.


Embarrassment or extreme nervousness may also be the case. A
pale face indicates fear or shock. Sweating hands indicates tension.
2. COLOR CHANGE—a flushed face indicates anger, shame, or
embarrassment but not necessarily guilt. A pale face is a more
reliable sign of guilt.
3. DRY MOUTH—great nervous tension is present. This is considered
as a reliable symptom of deception. Swallowing, sweating of the lips
and thirst are indications of dryness of the mouth.
4. PULSE—an increase in the rate of the heart beat is indicative of
deception. The pulse beat is observable at times in the neck.
5. BREATHING—deception is indicated by an effort to control breathing
during critical questions.
PART 5—Surviellance:
Method of Locating perpetrator’s
whereabouts\Detecting Illegal
Activities
Surveillance
Is a form of discreet investigation, which consists of keeping
persons, place or other targets under physical observation in
order to obtain evidence or information pertinent to an
investigation.

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

➢ Undercover Assignment – is an investigative technique in


which agent conceal his official identity to obtain information
from that organization.

Uses of Undercover Assignment

Use independently to get first hand info about the subject of


investigation like:

a) Security evaluation of every installation


b) Gain confidence from the subject
d) Verify info from human sources
e) Uncover concealed identity
f) To install, maintain investigative equipment's of undercover
assignment
Informants
is any person who furnishes the police an information relevant
to the crime under investigation or any activities of the
criminals , generally, without consideration.

Informer- one who furnishes information with consideration.

Confidential Informant- a person who provides the police


with confidential information concerning a past crime or a
projected & planned crime. The informant does not want to be
identified as the source of information.
PART 6—Gathering and Securing
Evidence against Offender/s:
PNP Crime Lab, SOCO, and Crime
Scene Investigation (CSI)
• PNP CRIME LABORATORY (CL) and
SCENE OF THE CRIME OPERATION
(SOCO)
PNP CRIME LABORATORY (CL)

• The Crime Laboratory (CL) is a National


Operational Support Unit (NOSU) of the Philippine
National Police mandated to provide scientific
investigation and other technical support to the
PNP offices, other investigative agencies and the
public through scene of crime operations
(SOCO), Field Laboratory Works (FLW), forensic
laboratory examination, research and trainings.
• The PNP Crime Laboratory is a forensic laboratory
organized to eight (8) divisions:

1. Medico Legal Division:



➢ Autopsy
➢ DNA examination
➢ Genital examination
➢ Semen determination
➢ Serology examination
➢ Histopath examination

2. Physical Identification Division:

➢ 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:

➢ Examination of altered or erased document


➢ Examination of counterfeit bills
➢ Signature examination
➢ Handwriting identification

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.

• Example—torn clothing and bruises can prove non consent in rape or


Gasoline traced in a carpet proves that the fire was intentionally
caused, hence arson.

➢ 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)

➢ Physical evidence can establish the identity of persons associated with


the crime.

• Example—Latent fingerprints dusted and lifted in the crime scene in


robbery case.
➢ Physical evidence can exonerate/exculpate the innocent.

• Example—a boy and a girl accused an old man of child


molestation claiming that they were given pills that made them
drowsy. Examination of their blood and urine were negative
when confronted with the result, they confessed that they just
fabricated the story because they disliked the old man.

➢ Physical evidence can corroborate the victim’s testimony.


• Example—a female hitchhiker was picked up by a motorist
and claimed that he pulled a knife and attempted to rape her.
During the struggle, the woman’s thumb was cut before she
managed to escape. The suspect proclaimed his innocence
but during interrogation, dried blood was found on his jacket
lapel. He claimed that the blood came from a shaving
accident. Results of the examination however revealed blood
came from the victim.
➢ A suspect confronted with physical evidence may
make admissions or confessions.

➢ Physical evidence is more reliable than the eye


witness of the crime.

• Example—physical evidence cannot be


fabricated or lie in contrast with testimonial
evidence which can be affected by emotion.
SCENE OF THE CRIME OPERATION
(SOCO)
• Scene of the Crime Operation (SOCO) is a
Forensic Procedure performed by trained personnel of
the Philippine National Police (PNP) Crime Laboratory
through scientific methods of investigation for the
purpose of preserving the crime scene, gathering
information, documentation, collection, and
examination of all physical evidence.
➢ Increased awareness and increasing need establishing facts through
scientific means in the Philippines paved the way for the establishment
of a SOCO Unit in 1995 under the PNP Crime Laboratory.
➢ By virtue of RA 6975 as amended by RA 8551 the Philippine National
Police was created and bestowed with both the power and authority to
conduct investigation, effect arrest and file cases for prosecution
involving both Civil and Criminal acts within Philippine Jurisdiction.
➢ A SOCO team was organized to meet the Core Mission of the PNP
Crime Laboratory which is a National Operating Support Unit of the
PNP by virtue of NAPOLCOM Resolution No. 96-058 in 1996. Its
function is to primarily help or assist government investigating units and
agencies in the conduct of inquiries perfunctory to the interest of the
State and its constituents by collecting, handling, and examining pieces
of Physical Evidence which are anchored in the mission of providing
Technical Support Services on the same capacity. The concept of a
SOCO Team may have borne out of the need for a swift and thorough
investigation using the Physical Evidence to support a Hypothesis,
Theory or Supposition from the investigation’s view point.
• SOCO Mission:

The SOCO shall provide FORENSIC EXPERTISE


to Criminal Investigation by PRESERVING,
SECURING, and if need be, by SCIENTIFICALLY
RECONSTRUCTING the Crime Scene for the
DOCUMENTATION, COLLECTION, and FORENSIC
EXAMINATION of all collected Physical Evidence with
the end view of establishing fact/s relative to a criminal
incident.
• SOCO Objectives:
1. To conduct forensic investigations through the methodical
means of preservation, collection, examination, and
presentation of all evidence for the final disposition of criminal
cases.
2. To enable the Police investigating/Line units to expeditiously
identify and arrest the criminal perpetrators through the
collected and examined physical evidence.
3. To establish the facts before the competent courts based on
collected and examined physical evidence.
4. To strictly adhere to the protocols governing forensic science.
5. To progressively acquire new technology and human skills to
ensure that the operational capabilities shall be consistent
with the continuous and evolving threats to public safety.
• SOCO Functions:
1. It shall determine and delineate the crime scene.
2. It shall preserve and ensure the protection of the crime
scene.
3. It shall conduct methodical search for all available
evidence in the crime scene.
4. It shall methodically document the crime scene.
5. It shall methodically collect and transport all available
physical evidence from the crime scene to the PNP
Crime Laboratory for purposes of appropriate forensic
examinations.
6. As required, it shall present before any competent court
and/or any legally mandated agency its forensic findings
and the expert testimonies of the SOCO Elements.
• Cases to be investigated by SOCO:
1. Murder
2. Homicide
3. Robbery with Homicide
4. Robbery with Force Upon things
5. Arson
6. Other Heinous Crimes and/or Sensational Cases as
requested and directed by higher headquarters.
• SOCO Team Composition:
• Each team must be composed of eight (8) Laboratory
personnel namely—
1. Team Leader—one (1)
2. SOCO Specialist—six (6)
3. Driver/Evidence Custodian—one (1)
• The SOCO Specialist are composed of the
following—
1. Medico-legal officer
2. Forensic Chemical Officer/Technician
3. Fingerprint Examiner/Technician
4. Firearm Examiner/Technician
5. Photographer and Photographic Log Recorder
• Measurer/Sketcher
A. SOCO Equipment

1. Basic Equipment

a. Crime scene tape or rope (e.g., Police line)


b. Measuring devise e.g., ruler and measuring tape
c. Recording materials e.g., chalk, sketcher, and
paper pad
d. Camera
e. Video camera or tape recorder
f. Flash lights

CRIME SCENE INVESTIGATION: Securing
Evidence to established offender’s guilt
1. CRIME SCENE (LOCUS CRIMINIS)—refers to the place
where the crime was committed or its ingredients transpired or took
place.

• 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. The first Police Officers to arrive at the crime scene


are the FRs who were dispatched by the local police
station/unit concerned after receipt of
incident/flash/alarm report;

1.1 The First Responder shall Record the exact time of


arrival and all pertinent data regarding the incident in
his issued pocket notebook and notify the IOC.

2. Immediately, the FR shall conduct a preliminary


evaluation of the crime scene. This evaluation should
include the scope of the incident, emergency services
required, scene safety concerns, administration of life
saving measures, and establishment of security and
control of the scene;
3. The FR is mandated to save and preserve life by giving the
necessary first aid measures to the injured and their medical
evacuation as necessary.
• Note: DO NOT TOUCH OR MOVE ANY OBJECT is known
as the “Golden Rule” in crime scene investigation is
imperative upon all Crime Scene Investigation (CSI) Players
e.g. FIRST RESPONDERS (FR), INVESTIGATOR-ON-
CASE (IOC), unless it is adequately recorded/documented
(i.e., Photograph, Measured, Sketch, Note taken)
• Exception: IF THE VICTIM IS STILL ALIVE, the
responding officer (patrol) or deployed investigator should
try to gather or acquire information (e.g., DYING
DECLARATION or RES GESTAE) from the victim himself
with regard to the surrounding circumstances of the crime,
while calling for assistance for an ambulance from the
nearest hospital. Then PHOTOGRAPH, MEASURE,
SKETCH, the crime scene immediately AFTER the victim is
removed and brought to the hospital for medical
attendance.
DYING DECLARATION (Ante-Mortem Statement)—
is a statement made by a person after a mortal wound
has been sustained, under a belief that death is
certain, stating the facts concerning the cause and
circumstances surrounding his/her death.
❖ Four (4) requisites which must concur in order that
a dying declaration may be admissible in evidence,
to wit:
• (a) It must concern the crime and the surrounding
circumstances of the declarant’s death;
• (b) At the time it was made, the declarant was
under a consciousness of an impending death;
• (c) The declarant was competent as a witness; and
• (d) The declaration was offered in a criminal case
for homicide, murder or parricide in which the
decedent was the victim.
Recommended question to be propounded upon the
wounded/injured victim in obtaining DYING
DECLARATION—
➢ In TAGALOG Vernacular:
1. Ano ang pangalan at address mo?
2. Kilala mo ba ang gumawa nito sa iyo?
3. Sa pakiramdam mo ba ay ikamamatay mo ang
tinamo mong sugat?
➢ In ENGLISH Vernacular:
1. Please state your name?
2. What happened to you?
3. When and where were you shot/stab or
attack/assaulted?
4. How do you feel?In case you die do you want this
statement of yours be brought to court for evidence?
• RES GESTAE—refers to the spontaneous
statement, utterances, or declaration made by the
VICTIM, participants, or spectator of a crime
immediately before, during, or immediately after the
commission of the crime before the declarant had
the time or opportunity to fabricate or invent story
while still under the influence of startling (i.e.,
shocking or horrible) event.

• IF THE VICTIM IS DEAD, the body should be


remove only after the crime scene is adequately
PHOTOGRAPHED, MEASURED, SKETCH, and
NOTES TAKEN (i.e., DOCUMENTED)
4. The FR shall likewise secure and preserve the
crime scene by cordoning the area i.e., with a
police line or whatever available material like ropes,
straws or human as barricade to preserve its integrity,
to prevent unauthorized entry of persons i.e., allow
only authorized persons to enter the area or exit, and
detains all persons at the crime scene unless person’s
identity is properly verified.

5. The FR shall take the dying declaration of severely


injured person/s, if any. The FR shall make the
initial assessment on whether a crime has
actually been committed and shall conduct the
preliminary interview of witnesses to determine
what and how the crime was committed;
6. If and when there is a suspect present in the area, the
first responder shall arrest, detain and remove the suspect
from the area;

❖ If the suspect is arrested at the scene—


• 1. Get the names of the persons who turned-over
or arrested the suspect if arrested by person other
than the First Responder (FR).
• 2. Isolate the arrested suspect/s and separate
them from any probable witness of the incident.
• 3. Record what time the suspect was arrested.
• 4. Wait for the investigator to interview the suspect.
• 5. If the suspect volunteers any statement, take
note of the time, location and circumstances of the
statements.
A. Investigator-on-Case (IOC) /Duty Investigator:
1. Upon arrival at the crime scene, the IOC shall request
for a briefing from the FR and make a quick assessment of
the crime;
2. At this stage, the IOC shall assume full
responsibility over the crime scene and shall conduct a
thorough assessment of the scene and inquiry into
incident. If necessary the IOC may conduct crime scene
search outside the area where the incident happened
employing any of the various search methods;
3. Based on the assessment, if the IOC determines that a
SOCO team is required, he shall report the matter to his
COP and request for a SOCO, otherwise, the IOC shall
proceed with the CSI without the SOCO team and shall
utilize CSI Form “4” –SOCO Report Forms in the conduct
of the CSI;
Nature of Cases in which SOCO Specialist
assistance is requested—

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:

• a) Elected Public Officials (Brgy Captain up to


President of the RP)
• b) Appointed public officials with the rank of
commissioner, secretary and undersecretary
• c) Foreign diplomat
• d) Any foreigner
• e) PNP/AFP personnel
• f) Former high-ranking government officials
• g) Other prominent figures such as movie
stars, sports stars, tri-media practitioners,
prominent businessmen, professionals, and
prominent leaders of religious organizations.
CRIME SCENE PROCESSING— refers to the sum
total application of diligent and careful methods by an
investigator/policemen to recognize, identify, preserve and
collect fact and items of evidentiary value that may assist in
reconstructing that which actually occurred in the crime scene.

Or refers to the formal action undertaken during crime scene


investigation that involves the employment of the following
investigative techniques—

▪ 1. CRIME SCENE SEARCH


▪ 2. CRIME SCENE PHOTOGRAPH
▪ 3. CRIME SCENE SKETCH
▪ 4. CRIME SCENE NOTE TAKING
▪ 5. COLLECTION, MARKING, and PACKAGING OF EVIDENCE
PRELIMINARY/INITIAL STEPS

1. The TEAM LEADER must make a general assessment of the


scene, takes a cautious walk-through of the crime scene, takes
down extensive notes to document important factors, and
establishes the evidence most likely to be encountered. He
then defines the extent of the area to be search, and determine
personnel and equipment needed, and makes specific
assignments, and establish the Crime Scene Investigator
Headquarters or Command Post just adjacent of the Crime
Scene where there are no possible traces of evidence.

1. The PHOTOGRAPHER must undertake preliminary


photograph of the crime scene:
➢ Photograph the entire area before it is entered
➢ Photograph victims, crowd, and vehicle.
CRIME SCENE PROCESSING PROPER

➢ Involves the employment of


Investigative tool/technique in the
Recognition, identification,
documentation, collection,
preservation, and transportation of
Physical Evidence during Crime
Scene Investigation
1. CRIME SCENE SEARCH—the process/approach
and the first step in crime scene investigation
proper that concern with the tracing, locating, or
recognition of actual or potential physical
evidence for purposes of marking out or outlining
it, done by means of a chalk and/or placing a
location marker usually in the form of card
number or letter, in the crime scene for its
Documentation (i.e., adequate photograph,
measurement, sketch, and note taking).
FOUR METHODS OF CRIME SCENE SEARCH

➢ 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.

➢ a.1 DOUBLE STRIP OR GRID


METHOD—in the modification
of the strip method known as
the double strip or grid
method. The rectangle is
traversed first parallel to the
base and then parallel to the
side.
DOUBLE STRIP OR GRID METHOD


▪ 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

a. SEARCHING TOOLS—flash lights, magnifier, UV light, Infra Red.


b. SKETCHING INSTRUMENT—graphing paper, sketching pad, clip
board, pencil, chalk.
c. MEASURING DEVICE—compass, steel tape, ruler.
d. COLLECTION OFMATERIALS/EQUIPMENT
EVIDENCE—gloves, USED IN CRIME cutting
SCENE SEARCHfliers, knife, screw
a. SEARCHING TOOLS—flash lights, magnifier, UV light, Infra Red.
driver, shear scalpel,
b. SKETCHING dropper, forceps, fingerprint
INSTRUMENT—graphing equipments,
paper, sketching pad, clip board, etc.,
pencil, chalk.
e. PRESERVATION OF EVIDENCE—
c. MEASURING DEVICE—compass, steel tape, ruler.

• 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

▪ PHOTOGRAPH—is an indispensable and effective


investigative tool/medium/instrument that
immediately and permanently
record/document/preserve the factual setting, exact
condition, or situation of the crime scene and its
physical evidence.

▪ PHOTOGRAPH is the first investigative task or


technique employed in crime scene investigation.

▪ All physical evidence or potential physical evidence


must be adequately photographed before it is
touched, move, or collected.
▪ THREE (3) KINDS OF CRIME SCENE
INVESTIGATION PHOTOGRAPH
1. GENERAL AREA or OVER ALL PHOTOGRAPH (LONG RANGE)—
this is undertaken in a CLOCKWISE DIRECTION; Picture of the locality,
Point of Ingress and Egress, Normal Entry to the property and building,
exterior of the building and grounds, and street sign or other identifiable
structure that will establish location.

2. SPECIFIC AREAS (MEDIUM RANGE)—pictures of the immediate


crime scene and the location of objects and evidence within the area or
room.

3. SPECIFIC OBJECT or EVIDENCE (CLOSE RANGE)—pictures or


shots of specific evidence such as DEAD BODY, WEAPONS, BLOOD
STAINS, PERSONAL EFFECTS or PROPERTY STOLEN, HAIR, FIBERS,
FIRED BULLETS or FIRED SHELLS, etc.,

4. PHOTOGRAPH OF THE BODY AFTER REMOVAL—

a. Photographing the body after removal for identification


b. Close-up pictures of the wounds
GENERAL AREA or OVER ALL PHOTOGRAPH (LONG RANGE)
SPECIFIC AREAS (MEDIUM RANGE)
SPECIFIC OBJECT or EVIDENCE (CLOSE RANGE)
Close-up pictures of the wounds
CRIME LABORATORY PHOTOGRAH

▪ INFRA RED FILM PHOTOGRAPH—can reveal contents of


unopened envelope, blood stain, alterations to documents or
variations in type of ink in case of questioned documents, and
gunpowder residue where a bullet has passed through clothing.

▪ MICRO PHOTOGRAPHY—taking picture through a microscope,


assist in identifying minute particles such as hair or fiber.

▪ MACRO PHOTOGRAPHY—photograph which enlarge the subject,
e.g., FINGERPRINT enlarged to show the details of Ridges or
FIRED BULLET enlarged to show rifling marks and striations.

▪ LASER BEAM PHOTOGRAPHY—can reveal evidence indiscernible


to the naked eye, e.g., it can reveal the outline of a foot print in a
carpet even though the fibers have returned the normal position.

▪ ULTRA VIOLET (UV) LIGHT PHOTOGRAPH—it make visible


impression of bruised and injuries even long after their actual
occurrence.
▪ CRIME SCENE RECONSTRUCTION –refers to an
effort made to determine, from the appearance of the place and
its object, what actually occurred and what the circumstances of
a crime were. (i.e., action or progress of conduct before, during,
and after the crime was committed or sequence of events)

TWO KINDS OF CRIME SCENE RECONSTRUCTION

1. PHYSICAL RECONSTRUCTION—the physical appearance of


the crime scene is reconstructed from the description of
witnesses and the indication of the physical evidence.

2. MENTAL RECONSTRUCTION—from the physical


reconstruction, some conclusions can be made concerning the
consistency of the accounts of various witnesses. No
assumption should be made concerning actions which are not
supported by evidences. The final theory developed by the
investigator should provide a line of investigative action.
3. CRIME SCENE SKETCH—refers to the
cartographic representation of the crime scene that shows
actual measurement, location, and relative position of
significant object or physical evidence.

CRIME SCENE SKETCH is supplementary to photograph.

PURPOSE/IMPORTANCE OF CRIME SCENE SKETCH

▪ Accurately portrays the Physical Facts.


▪ Relates to the sequence of events of the crime scene
▪ Establish precise LOCATION, POSITION, RELATIONSHIP,
and actual DISTANCE of significant items and evidence at
the crime scene.
▪ Assist in undertaking a crime scene reconstruction
▪ Permanent record of the case
➢ KINDS OF SKETCH AS TO SUBJECT LOCATION

1. SKETCH OF LOCALITY—gives a picture of the scene, the


crime, and its environs including such as neighboring buildings,
roads leading to location or house, etc.,

2. SKETCH OF GROUNDS—gives picture the scene of the crime


with its nearest physical surrounding.

3. SKETCH OF DETAILS—describes immediate scene only. For


instance, the room in which the crime was committed and the
details thereof.

▪ CROSS PROJECTION METHOD is a kind of Sketch of Details,


which commonly used in INDOOR CRIME SCENE that show the
relationship between evidence on the floor and the wall.
SKETCH OF LOCALITY
SKETCH OF GROUNDS
SKETCH OF DETAILS
CROSS PROJECTION METHOD
➢ KINDS OF SCKETCH AS TO PREPARATION

1. ROUGH SKETCH—the first pencil drawn of


the Crime Scene. No scale proportion and
everything is approximated, which is used as
basis of FINISH SKETCH.

2. FINISHED SKETCH—sketch made primarily


for Court Room presentation. Scale and
Proportion is observed.
ROUGH SKETCH
FINISHED SKETCH
SKETCHING MATERIAL

▪ 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.

▪ Control measurements. Don’t rely on others to give them.

▪ Do not draw things which are clearly irrelevant to the


case.

▪ Never rely on memory to make corrections at the station


house, at home, or at a placed removed from the scene
of the crime.

▪ The scale must be drawn in a sketch.


ELEMENTS OF SKETCHING

 1. MEASUREMENT—an elements that determine the gap or interval of space


between two significant object and/or between object and a fixed points at the
crime scene.

 2. COMPASS DIRECTION—directed to the NORTH to facilitate the proper
orientation.

 3. ESSENTIAL ITEMS—elements that laid down important items (PHYSICAL


EVIDENCE) of investigation.

 4. SCALE OF PROPORTION—the scale of the drawing depends on the area to be


shown. The amount of details to be shown and the size of the drawing paper
available. The actual scale must be stated in the sketch.

 5. LEGEND—elements used to identify significant object or physical evidence in


the crime scene.

 6. TITLE—elements refers to CASE IDENTIFICATION, ADDRESS or LOCATION


OF THE CRIME SCENE, DATE and HOUR when it was made, CASE Title,
IDENTIFICATION OF THE VICTIM and the NAME OF THE SKETCHER.
STEPS IN SKETCHING THE CRIME SCENE

 A. OBSERVE AND PLAN


 B. MEASURE DISTANCES

➢ In measuring distances, a steel tape is strongly
recommended; it doesn’t stretch. Use conventional Units
of Measurement: Inches, Feet, Centimeters, Meters.
NORTH COMPASS DIRECTION should be at the top of
paper.

➢ Measure from FIXED LOCATIONS:


▪ WALLS
▪ TREES
▪ TELEPHONE POLE
▪ CORNERS
▪ CURBS
▪ OUTLETS
▪ Any IMMOVABLE OBJECT
 C. OUTLINE THE AREA
 D. LOCATE OBJECTS AND EVIDENCE WITHIN THE
OUTLINE



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.

▪ FACT refers to an action performed, an event, a circumstance,


an actual thing done or an occurrence that has taken place.

▪ INFERENCE is a process of reasoning by which a fact maybe


deduced as a logical consequence from other facts or
information already proved.

▪ OPINION refers to a personal belief.


▪ When a FIREARM is found at the scene of the
crime, the investigator should take NOTE of the
following pertinent facts about the Firearm:

1. Type of the Firearm (Pistol, Revolver, etc.,)


2. Make of the Firearm (Colt, S&W, etc.,)
3. Caliber of the Firearm (.45 cal, .38 cal, etc.,)
4. Serial Number—most important
5. Load in the magazine, if Pistol, load in the cylinder,
if Revolver.
6. Other features of significance (length of barrel,
nickel plated, etc.,)
7. Position of firearm in relation to a dead body at the
crime scene, and
8. Other distinct outside marks
➢ When FIRED BULLET or BULLETS are
found at the scene of the crime, the
following should be NOTED:

▪ Type of bullet (lead or jacketed);


▪ Caliber of bullet;
▪ Shape or form of bullet (round nose, flat
nose, etc.,);
▪ Other metal or bullet fragment, if any;
▪ Relative positions.
➢ When FIRED SHELLS or SHELLS are
found at the scene of the crime, the
following should be NOTED:

▪ Number of shells and order of recovery;


▪ Caliber of shells;
▪ Trademark or brand of shells;
▪ Relative position of the shells at the crime
scene.
➢ COLLECTION OF PHYSICAL EVIDENCE is
the gathering or taking possession of evidence for

safe keeping and/or laboratory examination.

▪ PURPOSE OF COLLECTION

▪ 1. To aid in the solution of the case.


▪ 2. To prove an element of the offense.
▪ 3. To prove the theory of the case.
➢ CARE IN THE COLLECTION OF PHYSICAL
EVIDENCE

The key word is, do not “MAC” the evidence:

▪ MUTILATE—in no case should the evidence be MUTILATED in


anyway, such as crushing, if ever this can be avoided.
▪ ALTER—in no case should the evidence be ALTERED any way
that may change its original nature. If alterations do occur, the
investigator or officer should take note in his report why this
happened.
▪ CONTAMINATION—and finally, in no case should the evidence be
CONTAMINATED, that is, adding anything which may change the
nature of the physical evidence.

▪ Note: MAC of evidence will greatly affect the INTEGRITY (i.e.,


purity, wholeness, or original state or condition) of the evidence
and the same will be subject or open to question or doubt set in
leading to its loss of probative/evidentiary value.
➢ GENERAL RULES ON COLLECTING
PHYSICAL EVIDENCE

1. Give first priority to FRAGILE EVIDENCE that can


be altered by time or other elements. COLLECTING
EVIDENCE at a crime scene is USUALLY DONE
AFTER THE SEARCH HAS BEEN COMPLETED,
the PHOTOGRAPHS have been taken and the
ROUGH SKETCHES have been drawn. But under
certain conditions it may be best to collect fragile
items of evidence can be destroyed by the elements
or be contaminated despite protective measures.
2. Next, collect items that could impede the search of
the scene but only after they have been LOCATED,
NOTED, PHOTOGRAPHED, and DEPICTED on the
SKETCH. The essential factors that the evidence be
carefully and properly located.
▪ 3. When death is involved, process the evidence
between the points of entry to the scene and the
body. Next make a detailed search of the deceased.
▪ 4. After collecting the major and obvious evidence.
The crime scene should be dusted for latent prints. If
latent prints are found, they should be photographed
and collected.
▪ 5. When collecting evidence at the scene for
Laboratory analysis, the amounts needed would
depend on the nature of evidence and the test to be
conducted. For proper evaluation of STAINS, as
specimen, by lab technicians submit control sample.
Preserve the integrity of control samples as carefully
as you do the integrity of evidence.
▪ PROPER PROCEDURE IN PICKING UP
UNCOCKED FIREARM

➢ In picking up a firearm suspected to have been used in the


commission of the crime, an investigator or any police
officer at the scene of the crime should do so by means of
HANDKERCHIEF or SMALL STRING INSERTED through
the TRIGGER GUARD of the gun.

➢ He must see to it that the MUZZLE of the gun is not


pointed towards him, nor is pointed to anyone in the vicinity
of the crime. Much more if the suspected firearm is a
revolver and is in “COCKED POSITION,” that is, the
hammer is pulled back into a firing position. Thus, there is
always a danger of little amount of jarring when picking the
gun that might cause it to fire which will result in another or
unnecessary shooting.
▪ PROPER PROCEDURE IN PICKING UP A
COCKED FIREARM

➢ In picking up of a “COCKED REVOLVER” it


must be made through the means of inserting
a handkerchief or string through the trigger
guard. A piece of carton or a piece of paper
should be inserted or placed in front of the
hammer and then click the trigger of the
revolver.
▪ GUIDELINES TO BE OBSERVED IN HANDLING ALL TYPES OF
EVIDENCE IN THE CRIME SCENE UP TO ITS TRANSPORTATION
TO THE CRIME LABORATORY

Proper handling of physical evidence is necessary to obtain the


maximum possible information upon with scientific examination shall be
based, and to prevent exclusion as evidence in court. Specimens that truly
represent the material found at the scene, unaltered, unspoiled or
otherwise unchanged in handling will provide more and better information
upon examination. Legal requirements make it necessary to account for all
evidence from time it is located until it is presented in court. With these in
mind, the following principles should be observed:

1. The evidence should reach the laboratory as much as possible in same


condition as when it was found.
2. The quantity of specimen should be adequate. Even with the best
equipment available good results cannot be obtained from insufficient
specimens.
3. Submit a known standard specimen for comparison purposes. Keep
each specimen separate from others so there will be no intermingling or
mixing of known and unknown material. Wrap and seal in individual
packages when necessary.
MARKING OF EVIDENCE
▪ MARKING OF EVIDENCE—it is the process
of writing or inscribing word or letter on the
evidence or any article, object, item, or
specimen that show or tend to show
evidentiary value found and recovered from
the scene of the crime for purposes of
Identification (i.e., proving that the evidence
presented in court was the very evidence
found and recovered in the scene of the crime)
and MARKING OF EVIDENCE is the
beginning or starting point of EVIDENCE
CHAIN/CONTINUITY OF CUSTODY.
EVIDENCE CHAIN/CONTINUITY OF CUSTODY

—is a chronological written account relative with the


person/s who have handled, custody, and possession of
evidence from the time of its discovery and recovery in
the crime scene to its transportation in the
headquarters or laboratory and up to its presentation
as evidence in court). MARKING OF EVIDENCE
usually contains the following information—NATURE
AND SOURCE OF SPECIMEN, DATE AND TIME OF ITS
COLLECTION AND ITS LOCCATION, and the NAME
OF THE COLLECTING PERSONNEL.
DATA TO BE ENTERED IN MARKING
EVIDENCE DURING CRIME SCENE
INVESTIGATION

1. INITIALS of the Evidence Collector


(e.g. JDC—stands for Juan Dela Cruz)
2. DATE and TIME of Discovery
(e.g. 1-14-15/2:56 pm)
1. Exhibit Case Number ( e.g. Case # 12-
007)
MOST IMPORTANT REASONS FOR THE MARKING
OF PHYSICAL EVIDENCE

1. The investigator may be called to the witness


stand several weeks or months later, or even years
later after the commission of the crime, to
IDENTIFY the objects he collected at the time of
the offense;
2. The investigator cannot completely rely on his
memory because there will be many more cases
that he will handle after every case; and
3. Defense counsel may require that the complete
“CHAIN OF CUSTODY” of evidence be established.

Any physical evidence obtained must be marked
or tagged before its submission to the evidence
custodian.

Evidence that CANNOT BE MARKED must be


placed in a proper, clean container, sealed and
identified by marks or LABELLED or EVIDENCE
TAG on the container. Make notes to include a
description in your notebook at the time the
evidence is marked.
PROCEDURAL STEPS WHEN MARKING PHYSICAL
EVIDENCE

The following are the procedural steps in marking Physical Evidence:

1. Use a DISTINCTIVE MARK in order to exclude others, such as


your INITIALS, SERIAL NUMBERS, or PERSONAL MARKS;
2. Record the MARK used together with the position of the mark;
3. Record any serial numbers or other distinctive marks found on
the physical evidence;
4. If ever possible, mark the object itself with due care in order to
avoid any damage or alteration;
5. Do not forget to mark/label the container where the physical
evidence is placed notwithstanding the markings already on the
object itself; and
6. Whenever tags are used, make corresponding entry in it and
attach it accurately on the object.
HOW TO MARK FIREARM EVIDENCES

1. BULLETS:

▪ The FIRED BULLET or SLUG should be marked by the


investigator or police officer who recovers it with his
INITIALS on the “NOSE” or “BASE,” as the case
maybe, together with the corresponding DATE OF
RECOVERY.

▪ In case the NOSE or ANTERIOR portion is badly


damaged or disfigured, the initial or identifying mark
with the date of recovery should be placed on the
“BASE” portion of the fired shell.
HOW TO MARK FIREARM EVIDENCES

2. FIRED SHELLS:

▪ The initials of the recovering investigator


together with the date of recovery should
be made just on the inside and near the
mouth with a sharp and metallic
instrument. However, if this is not
possible, the initial mark with the
corresponding date of recovery should be
made along the side near the mouth.
HOW TO MARK FIREARM EVIDENCES

3. FIREARMS:

▪ Any suspected firearm should be marked by the


investigator or police officer who recovered it, with
his INITIALS and corresponding DATE of
RECOVERY on the Three (3) MAIN SEPARABLE
PARTS—BARREL, SLIDE, FRAME or RECIEVER; in
case of a PISTOL, and BARREL, CYLINDER, and
FRAME; in case of a REVOLVER. Of course, this is
done without utter disregard of taking down the
serial number of the firearm, if any.
DON’T’S IN MARKING OF FIREARM, BULLET,
and SHELL or any other Physical Evidence

▪ Never use “X” as an initial identifying mark;


▪ Do not put any identifying mark in cylindrical
or peripheral surface of any FIRED BULLET or
SLUG;
▪ Do not put any identifying mark on the base of
a FIRED SHELL.
▪ Do not put any identifying mark on any
separable part of a firearm.
PACKAGING AND LABELLING
OF EVIDENCE

PACKAGING OF EVIDENCE—it is the


method of placing in a container or case (e.g.
CARD BOARD BOXES, PAPER BAGS AND
ENVELOPES, PLASTIC BAGS, WOODEN
CRATE, etc.) the evidence or any item,
object, articles, or specimen that has or tend
to show evidentiary value recovered in the
crime scene for purposes of protection from
MUTILATION, ALTERATION, and
CONTAMINATION or “MAC” of evidence
during laboratory transportation.
▪ Evidence packaging standards aid the investigator and prosecutor
because they ensure the preservation and integrity of the materials
found at the crime scene. These standards also increase the
professionalism of the investigators involved in the search process as
well as officer’s credibility as a witness.

▪ Without proper collection, preservation, and packaging, the value of the


evidence collected is jeopardized because the effectiveness of the
laboratory testing is limited and in many cases is rendered useless.

▪ 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.

▪ Each piece of evidences collected must be place or packed in a separate


container for the MAINTENANCE OF INDIVIDUALITY or in order to
prevent mixing or intermingling of evidence leading to its
CONTAMINATION.

▪ The appropriate type of packaging material must protect the evidence


from degradation, loss, or damage. The packaging material must be able
to be sealed, opened and resealed several times. Therefore, it also needs
to be somewhat larger that its contents.
LIST OF COMMON TYPES OF PACKAGING MATERIAL
IN CRIME SCENE INVESTIGATION TODAY

▪ Paper bags—useful for clothing, sheets, blunt objects, etc.


▪ Paper (Pharmacy fold) and paper envelopes—useful for trace
evidence such as hair, fibers, paint chips, blood scrapping, etc.
▪ Cardboard boxes—useful for sharp objects such as knives or glass.
Items should be secured in the box. Safely label box as containing
sharp object/s.
▪ Plastic containers—useful for liquid blood, tissue, vomit, feces, and
other samples that need to be frozen.
▪ Glass tubes
▪ Metal cans with tight fitting lids
▪ Glass jars and/or vials with screw top lids
▪ Plastic bottles with screw top lids
▪ Swab safe boxes
▪ Evidence tape
▪ Paper
▪ Each piece of evidences collected must
be place or packed in a separate
container for the MAINTENANCE OF
INDIVIDUALITY or in order to prevent
mixing or intermingling of evidence
leading to its CONTAMINATION.
FIREARMS PACKAGING
1. Never submit a loaded gun to the laboratory unless it is personally
delivered. If FINGERPRINT EVIDENCE on the gun is present or
suspected, DO NOT UNLOAD it but deliver it in person just as it was
found. Otherwise unload the firearm and submit the cartridge and clips
separately.
2. DO NOT CLEAN THE FIREARM, in any manner, under any circumstances;
remove the cartridges from the chamber and the clip from the gun or the
cartridges from the cylinder or WIPE OFF THE OUTSIDE OF THE GUN.
3. Take care not to destroy fingerprints which may be present.
4. Record the maker, model, and serial number of the firearms
5. Mount small firearms (e.g. revolvers and pistols) and rifles and shotguns
in the following manner—

▪ 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

▪ Wrap such specimens, each separately and


individually in COTTON, CLOTH, or SOFT TISSUE
PAPER. Handle such specimen as little as possible;
least identification characteristics may be
destroyed. Do not carry them around loose in your
pocket.
▪ Place them in pill boxes lined with cotton and pack
tightly to prevent dangling inside.
▪ Label the box as to its contents.
▪ Seal the box with scotch tape.
▪ Pack in a more substantial box and send to the
laboratory.
TRANSPORTATION OF EVIDENCE TO
HEADQUARTERS OR LABORATORY


Transmittal of evidence could be done either PERSONAL
DELIVERY or REGISTERED MAIL.

▪ The evidence should reach the laboratory as much as possible


in same condition as when it was found.
▪ The quantity of specimen should be adequate. Even with the
best equipment available good results cannot be obtained
from insufficient specimens.
▪ Submit a known standard specimen for comparison
purposes. Keep each specimen separate from others so there
will be no intermingling or mixing of known and unknown
material. Wrap and seal in individual packages when
necessary.
▪ In order to perform examinations promptly and permit ready reference to the case
at later date, it is necessary that laboratory personnel have certain information
about the evidence submitted and the case under investigation. The following
information should accompany all evidence submitted to the laboratory for
examination—

1. Type of offense under investigation


2. Time, date, and place of commission.
3. Date when the evidence was collected (this may not be the same date as when
the offense was committed).
4. Name of victim and suspects, with their addresses.
5. Name of the officer and office submitting the material.
6. A list of the specimens submitted, and in search instances a brief but
comprehensive description of—

▪ 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;

▪ The IOC shall accomplish the CSI Form “6” –


IOC/Investigator’s CSI Form before the cordon shall be
lifted;

▪ The IOC shall ensure that appropriate inventory has been


provided by the SOCO Team and shall only lift the security
cordon and release the crime scene only after completion
of the documentation process;
▪ The IOC or the COP shall turn-over the crime scene
to the owner of the property or where the crime
scene is a public place, to any local person in
authority;

▪ The IOC as well as the SOCO Team shall completely


fill-up the forms specified in this SOP. The IOC shall
accomplish and submit the Investigator’s Report
with all the required attachments to the COP within
two (2) working days from the date of incidence; and

▪ The CSI Report shall be the first entry in the


Case Folder for the investigation of the incident.

You might also like