FUNDAMENTALS OF

CRIMINAL INVESTIGATION

P/LT COL. ENRIQUE B. AGTARAP, PESE

Licensed Criminologist
Basic Concepts and Principles of Criminal
Investigation
Criminal Investigation – is an art which deals with the
identity and location of the offender and provides
evidence of guilt through criminal proceedings.

Investigation – is the collection of facts to accomplish a

threefold aim :

a) identify the guilt party

b) to locate the guilty party
c) to provide evidence of his guilt
The exception to the general rule perhaps is the 1987
Constitution which states among other things that an
arrested person under custodial investigation is
afforded with the three Constitutional rights such as:

a) the right to remain silent

b) the right to counsel

c) the right to be informed of the nature and the

cause of the accusation
What is the legal consequence if an arrested person under
custodial investigation is deprived of his constitutional rights?

Any testimony or statement taken from the arrested

person who is deprived of his constitutional rights would be
inadmissible as evidence in the Courts of Justice. On the other
hand, the investigator may be held criminally and
administratively liable for the violation of law.
Criminal Investigator Defined
A criminal investigator is a person who is in charge 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
Primary job of an investigator
The primary job of an investigator is to discover
whether or not an offense has been committed under the
law, after determining what specific offense has been
committed, he must discover how it was committed, by
whom, where it was committed, when and why it was
committed (Cardinal points of investigation 5W’s and 1H).

What are the qualities of a good investigator

• Perseverance
• Intelligence
• Honest
• Understanding of the people and environment
• Keen power of observation
INITIAL STEPS IN CRIMINAL INVESTIGATION

What are the nine (9) Golden Rules to be observed by the

Investigator upon his arrival at the scene of the crime?

a). Identify and if possible, retain for questioning the person

who first notified the police

b) determine the perpetrator by direct inquiry or observe

him, if his identity is immediately apparent

c) detain all persons present at the scene ???

d). summon assistance if necessary

INITIAL STEPS IN CRIMINAL INVESTIGATION

e). safeguard the area by issuing appropriate orders

and by physically isolating it

f) subsequently, permit only authorized persons to

enter the CS area

g). separate the witnesses in order to obtain

independent statements

h). do not touch or move any object

i). definitely assign the duties of the searchers. If

assistants are necessary, seek.
One of the Golden Rule is “Do not touch or move any
object.” What should then be the primary job of an
investigator before applying this rule?

The investigator upon his arrival at the scene of the

crime should consider the following two important steps
before he touches or moves any object:

a) If the victim is still alive, the investigator should try to

gather or acquire information from the victim himself with
regard to the surrounding circumstance of the crime, while
calling for assistance for an ambulance from the nearest
hospital. Then, be sure to measure, sketch and photograph
the crime scene immediately after the victim is removed
and brought to the hospital for medical attendance.
b). if the victim is dead, the body should be
removed only after the crime scene is processed,
measured, sketched and photographed.

Note: As much as possible use same direction in

entering and exiting the CS
MODERN TECHNIQUES IN
CRIME DETECTION AND
INVESTIGATION
Instrumentation

Instrumentation is the application of instruments and

methods of physical science for the detection of crime. It
is the application of physics, chemistry and biology . It is
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.
In cases where there are no physical evidence to be
found, then the use of instrumentation is relatively
unimportant. A thorough training in the resources of
instrumentation is of great importance to an
investigator. The limitations of technical methods should
also be a part of his knowledge, since excessive reliance
on instruments may in certain situations result in the
neglect of and more suitable investigation procedures.
What are the different ways in which criminalistics may be
useful in criminal investigation?

a) by supplying one or more missing links in a chain of

evidence. (Eg. Movement of victim or suspect maybe
established thru blood splatter or latent prints)

b) by strengthening a weak link in the chain of evidence

c) by checking the accuracy of the statements made by (1) the

suspects (2) by material witnesses (eg. Shot using a .45 yet the
slugs recovered from cadaver is from a revolver )

d) by clearing up doubtful points in the preliminary stages of

an investigation which may or may not be significant at a later
stage
e) by assisting in the rapid clearing up of routine inquiries, (eg
Instrumentation

After all physical evidence are found in the crime

scene, almost all of them needs equipment to process,
that is where criminalistics equipment or instruments
come into the picture.

Evidence must be preserved, this can be done through

photography. Latent fingerprint needs to be lifted and
preserved for court presentation, Dactyloscopy is the
needed art. If the deceased died of unknown substance
he drank before he died, toxicology will provide the
answer, etc.
In the process of instrumentation, the following are being
used, namely:

1. Anthropometry – founded by Alphonse Bertillon. He is

a Frenchman who founded criminal identification by
body measurement. It was accepted and adopted by
police departments in Europe and the United States for
more than twenty (20) years. But due
to the West case, Anthropometry
disappeared, which up to the time of his
death in 1914 Bertillon never accepted
its uselessness.
2. Dactyloscopy – it replaced Anthropometry. It was
popularized by Sir Edward Richard Henry in Europe
and through Juan Vucetich who founded the
fingerprint classification, it was found to be accurate.
Its usefulness in criminal investigation cannot be
questioned because its infallibility as no two persons
have the same fingerprints not even the ten
neighboring fingers of the same persons.
3. Forensic Serology – discovered by Karl
Landsteiner in 1901 the agglutination of human
blood. This discovery demonstrated that blood
possesses certain characteristics, which allowed
the designation A, B, AB and O.
4. Forensic Ballistics – developed by Dr. Calvin H.
Goddard, a U.S. Army Physician with a rank of
Lieutenant Colonel. It is used for determining
whether or not the evidence bullet and cartridge
cases, test bullet came from a single gun through
the use of bullet comparison microscope.
5. Poroscopy – founded by Edmond Locard, one of
the foremost criminalist in the world. Poroscopy
deals with the identification of sweat pores. He
proved that pores vary in number, size and position
in each individual.
6. Photography – was used in investigation to
identify evidence and suspect, to preserve them for
court presentation. A person who popularized in
photography was Rudolf Reiss, he aided the
forensic science field by specializing in
photography.
(The best means of
documenting and preserving
evidence )
7. Polygraph – also known as lie detector test, was
developed by John Larson although it was founded
by Keller. It is effective in limiting the suspects in
number as in the hand of an expert and dependable
machine, its result is excellent. (Question on
admissibility ?
8. In 1952, Paul L. Kirk invented a new
density-measuring device for soil samples found at
outdoor crime scenes. In the same year, he
accumulated an extensive crime-scene
investigation kit that was highly portable, yet
extensively equipped.

9. In 1984, Alex Jeffrey, a British biologist and

genetics expert, discovered the concept of DNA
genetic fingerprinting.
Two kinds of criminals identified by witnesses:

1. known fugitives – if the criminal is known, then police

records and pictures are available. His relatives and
friends can offer a description. Further description may be
obtained from local police files, background investigation
and from verbal descriptions of others.

2. unknown criminals – identity of unknown criminals by

eyewitnesses must be approached with caution by the
investigator. The description and characteristics may be
vague that identification is difficult.
The value of identification by eyewitnesses
depends on:

1. the ability of the eyewitness to observe and

remember the relative “distinctiveness” of the
accused appearance. (Age , sight of witness)

2. the prevailing conditions of visibility and

observations. (Lighting, day or night , distance)

3. the lapse of time between the criminal event

and the identification.
Methods of identification by witnesses:

1. Verbal description – the value of the description must

depend on the capacity of the witness to describe the criminal.
Criminal artist illustration

2. Photographic files – (Rogues gallery) the witness may be

taken to the headquarters to examine the photographs on file.
The modus operandi file may also be shown upon knowledge
of the technique of the commission of the crime. The
attention to any strong similarity in the photograph of a single
feature, as the nose or mouth.
3. 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
various features such as the degree of baldness, length
or shape of the nose, the shape of mouth, ear, etc.
4. Artist’s assistance – the identification may be
made by the employment of an artist to depict a
composite of the features described by the
eyewitnesses. 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 feature present in
the unknown criminal. From this selection, the artist
draws a composite of the face which may be a
close approximation to that of the criminals.
Procedure of identification by witness of the person in
custody:

The investigator can increase reliability of identification by

eyewitnesses through the medium of the intelligently
conducted “line-up”. The police line-up is more profitably
used as means of selecting a suspect from a group of
innocent persons. The purpose of the line-up is the power
of the suggestion as a factor in identification.

1. 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 line-up.
2. The witness should be instructed before entering the
line-up 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.

3. The lined-up 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 line-up members
wear hats, walk, show certain physical areas; sit down, or
otherwise demonstrate any characteristics. If the witness
desires the line-up members to perform certain actions,
he should communicate this information discreetly to the
investigator.
4. If there is more than one 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.
Circumstantial Evidence

Circumstantial evidence is identification established

indirectly by proving other facts or circumstances from
which either alone or in connection with other facts, the
identity of this perpetrator can be inferred.

When may circumstantial evidence be sufficient to produce

conviction?
a). when there is more than one circumstance
b). when the facts from which the inferences derived are
proven
c). when the combination of all the circumstances is such
as to produce a conviction beyond a reasonable doubt.
What must be inferred to prove identity by circumstantial
evidence?
a). motive – it may be inferred from circumstances and
from he statements of witnesses that the suspect has been
motivated by a desire for revenge or personal gain. Motive
is hard to establish in crime committed by mentally
deranged persons.

b). opportunity – this is the physical possibility that the

suspect could have committed the crime. It may be
deduced from the following:
1. the suspect could have been in the vicinity
of the crime
2. knowledge of the criminal objectives
3. absence of alibi
Associative Evidence

Associative evidence are the physical evidence which may

identify the criminal by means of clues, personal
properties, or the characteristics patterns of procedure
deduced from the arrangement of objects at the crime
scene. The offender may leave some clues at the scene
such as weapons, tools, garments, fingerprints, foot
impressions, etc. Crimes of violence may leave evidence
of physical struggle.
Evidences necessary to prove guilt:

a). the fact of the existence of the crime must be

established
b). the defendant must be identified and
associated with the crime scene
c). competent and credible witnesses must be
available
d). physical evidence must be identified
appropriately and the chain of its custody
established and its connection with the case
shown
e). the whole must be presented in orderly and
logical fashion
What is Corpus Delicti and what it must prove?

Corpus delicti is the body of the crime or fact of specific

loss or injury sustained. Corpus delicti is proven by showing
the following:

a). there exists a certain state of fact which forms the

basis of the criminal act charged

b). the existence of a criminal; agency which caused the

state of facts to exist. It is preferable that the state of fact
should be established by direct and positive proof, but
circumstantial evidence will suffice if it is particularly clear
and cogent.
 CRIME SCENE
INVESTIGATION
CRIME SCENE INVESTIGATION

It is the conduct of processes more particularly, the

recognition, handling, preservation and
documentation of physical evidence to include the
identification and interview of witnesses and the
arrest of suspect/s at the crime scene.

Cardinal rule in Crime Scene Investigation

Do not touch or move anything in the crime scene
unless it has been properly photographed, sketched
and recorded.

MAC Rule – Do not Move , Alter and Change the

crime scene
What constitute a crime scene?

a) the crime scene can be understood to include

all areas in which the criminal, any possible
victim and any eyewitnesses move during the time
the crime was committed.

b). the boundaries must be established so that the

entire crime scene can be effectively
preserved.

c). in some crimes, however, the crime scene may

actually comprise several different sites
Composition of the CSI Team:

•Team Leader

•Evidence Collectors

•City or Municipal Health Officer/ MELO

•Crime Photographer

•Sketcher/Measurer

•Evidence Custodian/Security Officer

•Specialist
First Responder – must be able to properly preserve the crime
scene in order to get maximum scientific information that will
help in the successful prosecution of the perpetrator of the crime

The First Responder shall:

• Cordon off crime scene with whatever available materials like

ropes, straws, human barricade, police line

• Evacuate injured persons to the nearest hospital

• Prepare to take the “dying declaration” of severely injured

person

• Prevent entry/exit of persons within the cordoned area

• Prepare to brief the CSI Team Leader of the situation upon

their arrival
PAP Rule for the First Responder:

• Preserve human life

• Arrest the suspect if possible

• Protect the crime scene

Basic equipment:

• Police line
• Marker
• Camera with film
• Evidence Collection kit
• Video camera and tape recorder
• Measuring device e.g. ruler and measuring
tape
• Flood lights, hand gloves, masks, eye
goggles, hairnet
• Recording materials e.g. chalk, bond paper,
pencil, clipboard, pentel pens
DOCUMENTATION OF THE CRIME SCENE

The photographer begin taking photographs as

soon as possible. The evidence collectors do
not touch or move any evidence once it is
located until it has been identified, measured
and recorded. The main objective is to create
an accurate objective visual record of the crime
scene before any item is moved or removed as
possible physical evidence.
Guidelines for taking photographs of the crime
scene

• Photographs of a crime scene should be taken as

soon as possible, before note taking, sketching or
a search for evidence begins
• The pictures should illustrate the original,
uncontaminated condition of the crime scene
• Photographs should be taken of the crime scene
only, without spectators or police personnel
• To adequately present the crime scene initially, the
photographs must form an organized sequence
and show all relevant locations and objects
• The crime scene photographs must progress from
general to specific
Three Major Types of Pictorial Views:

1. Long-range photograph of the over-all scene

Distance : from the doorway to the room and other
corners of the room

2. Mid-range photograph
Distance : Eight or ten feet from the victim

3. Close-up photograph

INCLUDE EXTREME CLOSE up (Showing gunshot

wounds with smudging or tattooing )
Sketches - are useful in questioning of suspects
and witnesses as well as in the writing of
investigative reports. A rough sketch is prepared
indicating the actual measurement of things with
scale and proportion observed and oriented to the
North Pole. All necessary information are placed in
the sketch.

Sketches are excellent companions to photograph.

Where photograph provide exact detail, sketches
offer accurate information about the placement of
objects and they show relationship and distance
between things.
Elements of sketch

a. measurement

b. compass direction

c. essential items

d. scale and proportion

e. legend

f. title
Specific kinds of sketch

a. locality – gives picture of the scene, the crime and

its environment, including neighboring buildings,
roads, etc

b. ground- picture of the scene of the crime with its

nearest physical surrounding

c. details – the immediate scene only

d. exploded/cross projection – gives the clear

impression of the scene in cases where blood
stains or bullet holes are found
Note Taking

Note taking must be a constant activity throughout the

processing of the crime scene. Notes must include:

• Detailed written description of the Crime Scene with

locations of physical evidence received

• The time when the physical evidence was discovered

• The person who discovered and collected the physical

evidence

• How the evidence was packaged and marked

• The disposition of the item when it was collected

Documentation

These documentation are made by the crime scene

investigator for purposes of future crime scene
reconstruction which help the prosecutor and the
judge understand conditions at the crime scene.

Narrative Report
Represent scene in a general to specific scheme,
consider structured factors such as : lights on/off,
newspaper on driveway/in house, drapes pulled,
open or shut. This written record could serve as the
only source of info for refreshing one’s memory
months or years after the crime has been processed.
Preparation of Narrative Report

The team leader uses the systematic approach in

making a narrative report.

1. represent Crime Scene in a general to specific

scheme

2. includes structural factors such as:

• Lights on/off
• newspaper on driveway/in house
• drawers pulled, open or shut
• Vehicle ignition key on or off
 Crime Scene Search

The search for physical evidence is done using the

accepted methods of search depending upon the
actual location to be searched. A crime scene search
can only be started after it has been photographed
and sketched.
Objectives of a Crime Scene search

• To systematically look for physical evidence that

may prove useful in establishing that a crime
has been committed.

• To determine what method of operation the

perpetrator may have used

To discover all evidence

LUNCH ???
DIFFERENT SEARCH
METHODS
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 new lanes but parallel to the first
movement
Spiral method – the searchers follow each other in a
path of a spiral beginning in the outside and spiraling
in towards the center.
Zone method – the area to be searched is divided
into quadrants and each searcher is assigned to
one quadrant
Wheel method – if the area to be searched is
approximately circular or oval, the wheel method
may be used. The searchers gather at the center
and proceed outward along radio or spokes. The
principal drawback of this method is that the distance
between searchers increases as they depart from
the center.
The investigator must see to it that the search made
with the employment of any of the above methods
must be thorough. The discovery of any physical
evidence in the course of the search must be collected
and preserved without specific regard of their relation
to the crime.

Basically, a searcher must primarily concentrate on

the following types of evidence:

1. those which establish the element of proof

that the crime was committed

2. those which may serve to trace the criminal

What is meant by reconstruction of the crime?

After completion of the search, an effort must be

made to determine from the appearance of the place
and its objects what actually occurred and what the
circumstances of a crime were. This is known as
reconstructing the crime.
Kinds of 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 may be made
concerning actions which are not supported by
evidences. The final theory developed by the
investigator should provide a line of investigative
action
What are the equipment used In search?

a. Searching tools – flashlights, magnifiers

b. Sketching instruments
1. measuring devices – compass, steel tape, ruler
2. recording materials – chalk, graphing paper,
sketching pad, clip board, paper pad for note taking
3. collection of evidences – cutting fliers fingerprinting
equipments

c. preservation of evidence
1. container – bottles, envelops, test tubes, pins and
thumb tacks
2. label and seal-evidence tags, gummed labels, sealing
wax and grease pencil
Collection of Physical Evidence

The team leader is always informed of significant

evidence located. The evidence collectors shall put
his initial, location and date of collection on the item
and turn it over to the evidence custodian for
documentation and safekeeping.

Physical evidence – these are the articles and

materials which are found in connection with the
investigation and aid in establishing the identity of
the suspect.
What are the procedures needed for the care of
physical evidence?

In order to introduce competent physical evidence in

court, three important factors must be considered:

a. the article must be properly identified

b. chain of custody must be proven

c. the evidence must be material and relevant

What is chain of custody ?
It is the number of persons who handled the
evidence between the time of the commission
of the offense and the ultimate disposition of
the case and should be kept to minimum.

Conduct of Final Survey

The team leader makes a final review on
the crime scene to determine whether or not
the processing has been completed.
Release of the Crime Scene

The release of the crime scene is done if the

investigator is satisfied that all pieces of evidence
have been recovered. Thus, the investigator must
evaluate the items recovered from the results of the
interrogations of the suspect/s and the interview of
the witnesses. He must bear in mind that upon the
formal release of the crime scene to the proper
authority, the warrant is already required for his
re-entry to the crime scene.
TOOLS OF INVESTIGATION
INFORMATION

It is the knowledge/data which an investigator

acquires from records and persons. Regular
source is acquired from open sources,
records, files. Cultivated source are
information furnished by informants/informers.
Grapevine source are information given by
the underworld characters such as prisoners
or criminals.
INTERVIEW

Is a conversation with a purpose, motivated by a desire

to obtain certain information from the person being
interviewed as to what was either done, seen, felt, heard,
tasted, smell or known.

This is the questioning of a person believed to possess

knowledge that is in official interest to the investigator.

Nobody has to talk to law enforcers. No law compels a

person to talk to the police if he does not want to.
Therefore, people will have to be persuaded, always
within legal and ethical limits, to talk to law enforcers.
This makes interviewing an art.
I.R.O.N.I.C Format

The interview of a witness can be described by its

acronym “IRONIC” which stands for:

Identity – prior to the commencement of an

interview, the investigator should identify himself to
the subject by name, rank and agency. Except when
there is no need to know the officer’s identity.

Rapport – it is good to get the positive feeling of

the subject towards the investigators, such friendly
atmosphere is vital for both the subject and the
investigator to have a better interaction.
 Opening Statement – the investigator must have
to indicate why the subject is being contracted

Narration - the witness should be allowed to tell

all he knows with little interruptions from the
investigator.

Inquiry – after all information have been given by

the subject, that is the time for the investigator to ask
question to clarify him about the case under
investigation.

Conclusions – After the interview, it is but proper

to close the interview with utmost courtesy and
thanking the subject for his cooperation.
What are the rules to be observed in questioning?

a. one question at a time

b. avoiding implied answer

c. simplicity of the questions

d. saving faces

e. avoid close ended questions (yes or no)

f. positive attitude
INTERROGATION

Interrogation is a questioning of a person

suspected of having committed an offense or
a person who is reluctant to make full
disclosure of information in his possession
which is pertinent to the
investigation.
Purposes of Interrogation :

1. to obtain confession to the crime

2. to induce the suspect to make admission

3. to learn the facts of the crime

4. to learn the identity of the accomplice/s

5. to develop information which will lead to the

recovery of the fruits of the crime

6. to discover the details of other crimes participated

by the suspect
What should be the attitude of the interrogator?

1. dominate the interview

2. avoid distracting mannerism

3. language

4. dress

5. preliminary conduct

6. presence of other person

7. place
Description of interrogation room

a. privacy can be achieved by having one door,

absence of windows, soundproof wall, and telephone
without ringing bell

b. simplicity – medium size room, bare walls, no

glaring lights, minimum furniture

c. seating arrangement – straight back chair for the

suspect, table with flat surface, the back of the
suspect must be facing the door

d. technical aid – installation of recording device

and one-way mirror
Legal requirements of interrogation

The statement of the subject must be

obtained voluntary and trustworthy and not by
means or use of threat, fear, coercion, duress
or any improper tactics which will vitiate the
free will of the suspect (RA 7438)
INTERROGATION TECHNIQUES
Emotional Appeal – place the subject in the proper
frame of mind. The investigator should provide
emotional stimuli that will prompt the subject to
unburden himself by confiding. Analyze the
subject’s personality and decide what motivation
would prompt him to tell the truth, then provide
those motives through appropriate emotional
appeals.
Sympathetic Appeal – the suspect may feel the need
for sympathy or friendship. He is apparently in
trouble. Gestures of friendship may win his
cooperation.

Kindness – the simplest technique is to assume that

the suspect will confess if he is treated in a kind and
friendly manner.
Extenuation – the investigator indicates he
does not consider his subject’s indiscretion a
grave offense.

Shifting the blame – the interrogator makes

clear his belief that the subject is obviously not
the sort of person who usually gets mixed up in
a crime like this. The interrogator can tell from
the start that he wasn’t dealing with a fellow
who is a criminal by nature and choice.
Mutt and Jeff – two agents are employed.
Mutt, the relentless investigator who is not
going to waste any time because he knows he
subject is guilty. Jeff, on the other hand is
obviously a kind-hearted man

Bluff on a Split pair- this is applicable when

there are more than one suspect. The suspect
are separated and one is informed that other
has talked
Pretense of Physical Evidence – the investigator may
pretend that certain physical evidence was found by
laboratory experts against him.

Jolting – maybe applied to calm and nervous

subjects. By constantly observing the suspects, 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.
Philosophy of Interview and Interrogation

The RIGHT officer

Asking the RIGHT question
In the RIGHT manner
At the RIGHT time and in the RIGHT place
Will get the RIGHT answers
Instrumentation

It is the application of instruments and methods of

physical science to the detection of crimes. In cases
where there are no significant physical evidence to
be found, then the use of instrumentation is
relatively unimportant.

Ways of Identifying the criminals

a. by confession and admission

b. eyewitnesses
c. circumstantial evidence
d. associative evidence
Confession – it is the declaration of an
accused expressing/acknowledging his guilt of
the offense charged.

Effects of Confession :

1. May be given in evidence against him in

the investigation or trial of the offense with
which he is charged

2. may be given to prove the guilt of his

companions but it will pass a lot of
argumentation and debate
Types of confession:

1. Judicial confession – made by the

suspect/accused in open court

2. Extra-Judicial confession – this kind of

confession is inadmissible unless corroborated by
proof of corpus delicti. The confession to be
admissible, it must be voluntary, in writing and made
with the assistance of a counsel of is own choice with
full understanding of the consequence of such
confession
Types of confession:

3. Admission – an admission is self-incriminatory

statement by the subject falling short of an
acknowledgement of guilt. It is an
acknowledgement of a fact or circumstances from
which guilt may be inferred. It implicates but does
not incriminate. It is also an acknowledgement that
a fact, action or circumstances are true which
strongly infer or directly admit guilt but lacks the
detail of the elements of the crime.
Methods of Identification by witness

a. verbal description

b. photographic files (Rogues gallery)

c. General photograph

d. Artist sketch (Composite Criminal illustration)

What are the procedures of identification by
witnesses?

1. physical line-up – means of selecting a suspect

from a group of innocent persons usually composed of
seven to ten persons. The purpose of line-up is to
eliminate the power of suggestion

2. physical show-up – only one person is shown to

the witness usually at the scene of the crime and
made immediately after the arrest of the suspect.
MERIENDA TIME!!!
Circumstantial Evidence – facts or circumstances
from which, either alone or in connection with other
facts, the identity of the person can be inferred.

Associative evidence – these are the pieces of

evidence that will link the suspect to the crime scene.
The suspect may leave some clues at the scene such
as weapons, tools, garments or prints.
Informant – is a person who gives information to the
police

Different types of informant

1. Anonymous – do not wish to be identified

2. Rival elimination – eliminate competition
3. false – no value
4. Frightened – motivated by anxiety
5. Self aggrandizing – hangs about the fringes
of the criminals
6. Mercenary – self information
7. Double crosser – to get more information
8. Woman – most dangerous specie
9. Legitimate – operators of legit business
What are the motives of informant in giving
information?

1. Vanity (Papogi points )

2. Civic-mindedness
3. Fear
4. Repentance
5. Avoidance of punishment
6. Competition
7. Revenge
8. Jealousy
9. Remuneration (Bikoysky )
Surveillance – it is the secret observation of places,
persons and vehicles for the purpose of obtaining
information concerning the identities or activities of
the subject.

1. surveillance of place
2. shadowing
3. roping
Shadowing – an act of following a person. Depends
on the number of operatives available, volume of
pedestrian traffic and importance of concealing the
surveillance.

Methods of shadowing :

1. one man – extremely difficult and should be

avoided. If unavoidable, keep subject in view at all
times.

2. two man – two agents are employed to follow

the suspect
3. ABC method – reduces the risk of losing the
subject, affords greater security agents
detection.

4. Progressive/Leap frog method – poor chances of

obtaining good results, agents are stationed at a
fixed point assuming that subject followed the
same general route each day.

5. combined foot auto surveillance – employment

of surveillance on foot and agents in
automobile.
What are the things that should be avoided during
shadowing?

1. Don’t meet the eye of the suspect

2. Don’t adopt a slinking, sleuthing, creeping

manner

3. Don’t wear story book disguises

4. Don’t carry noticeable items

5. Don’t greet fellow agents

6. Don’t make notations

How to detect foot surveillance?
A subject who is suspicious of being under
surveillance may resort to trickery in order to verify
his suspicion. When a subject resort to such
trickery, it is good policy to change agents for the
suspect may have “spotted” one or more of his
surveillants.

1. stopping abruptly and looking back

2. casually looking around
3. reversing course/retracing steps
4. boarding bus and alighting just before they
start
5. riding short distance on bus
6. circling the block on a taxi
7. entering a building and leaving immediately
via another exit
8. stopping abruptly after turning a corner
9. using convoys
10. watching reflection in shop windows
11. walking slowly and rapidly at alternate
intervals
12. dropping a piece of paper to see if anyone
retrieves it
13. stopping to tie a shoe string
14. arranging with a friend in a shop, store to
watch for surveillants
How to elude foot surveillance?

1. Jumping off a bus, trains just as the doors are

about to close
2. leaving a building through the rear or side exits
3. losing oneself in crowds
4. entering theaters and leaving immediately
through an exit
5. pointing out one surveillant to a police to
generally require the agent to explain his action
6. using decoys
7. taking the last taxi at a stand
8. changing clothing
Automobile surveillance

The methods of auto surveillance to be used

depends upon the numbers and type of surveillance
vehicles available, the volume of vehicular traffic in the
area, the importance of concealing the surveillance
from the subject and the subjects estimated ability to
detect and elude surveillance. At all times each
vehicle should be occupied by at least two agents;
one to concentrate on driving, and the other to
observe, take notes, operate radio equipment, or to
dismount and continue the surveillance on foot.
How to detect automobile surveillance?

1. Alternate fast and slow moving

2. Driving into dead-end streets
3. Frequent parking
4. Committing flagrant traffic on one way
streets, and running through red lights
5. Stopping suddenly around curves or
corners
6. Pulling into driveways
7. Speeding up a hill, then coasting slowly
down
How to elude automobile surveillance?

1. committing traffic violations

2. Using double entrances to driveways:
one in and out the other
3. Curbing through parking lots
4. Driving through congested areas
Undercover – is a form of investigation in which the
investigator assumes a different and unofficial identity
in order to obtain information.

Types of Undercover:

1. Undercover – an investigative technique in which

the Agent’s/Investigator’s official identity is concealed
to accomplish an investigative mission

2. Natural cover – using the individual’s true identity,

occupation or profession

3. Artificial cover – the manufacture of documents,

passports or forged documents
Common types of places of assignment for
undercover work

1. neighborhood

2. social

3. organizational

4. work
Special Qualifications of Undercover agent:

1. Thorough knowledge of the area, the people

and customs where agent will operate

2. Preferably single and unmarried

3. Thorough knowledge of the language or dialect

spoken in the area of operation

REMEMBER : THE COMPROMISE OF YOUR

TRUE IDENTITY COULD ENDANGER YOUR LIFE
OR COMPROMISE THE MISSION
ARREST
Arrest - is the taking of a person into custody in
order that he may be bound to answer for the
commission of an offense

How is Arrest made – An arrest is made by an

actual restraint of the person to be arrested, or by his
submission to the custody of the person making the
arrest. No violence or unnecessary force shall be
used in making an arrest and the person arrested
shall not be subject to any greater restrain than is
necessary for his detention.
Who are those persons exempted from arrest?

1. Members of the Senate and Congress. They

shall be privileged from arrest during their
attendance at the session of the Congress or
Senate and in going to and returning from the
same for offenses punishable by not more than six
years imprisonment.

2.Under the principles of International Law, also

exempt are foreign sovereigns, ambassadors,
ministers and persons belonging to their official
entourage
When may the use of force be justified?

The employment of unnecessary or

unreasonable force or greater restraint than what
is needed for the detention of the person arrested
is prohibited. Person authorized to make arrest
may, however, employ force or violence to the
extent of effectively overcoming active resistance
to an arrest. And it is not necessary that the
person arrested make an actual attack upon his
captor. His refusal to obey and surrender, or an
attempt to escape suffices the justification for the
employment of force.
Duty of Arresting Officer – it shall be the duty of the
officer without unnecessary delay to arrest the
accused and to deliver him to the nearest police
station or jail.
Time of making arrest. — An arrest may be made on
any day and at any time of the day or night.

Method of arrest by officer by virtue of warrant. —

When making an arrest by virtue of a warrant, the
officer shall inform the person to be arrested of the
cause of the arrest and of the fact that a warrant has
been issued for his arrest, except when he flees or
forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will
imperil the arrest. The officer need not have the warrant
in his possession at the time of the arrest but after the
arrest, if the person arrested so requires, the warrant
shall be shown to him as soon as practicable.
Method of arrest by officer without warrant. —

When making an arrest without a warrant, the officer

shall inform the person to be arrested of his
authority and the cause of the arrest, unless the
latter is either engaged in the commission of an
offense, is pursued immediately after its
commission, has escaped, flees or forcibly resists
before the officer has opportunity so to inform him,
or when the giving of such information will imperil
the arrest.
Method of arrest by private person. — When
making an arrest, a private person shall inform the
person to be arrested of the intention to arrest him
and cause of the arrest, unless the latter is either
engaged in the commission of an offense, is
pursued immediately after its commission, or has
escaped, flees, or forcibly resists before the person
making the arrest has opportunity to so inform him,
or when the giving of such information will imperil
the arrest.
Officer may summon assistance. — An
officer making a lawful arrest may orally
summon as many persons as he deems
necessary to assist him in effecting the
arrest. Every person so summoned by an
officer shall assist him in effecting the arrest
when he can render such assistance without
detriment to himself.
Execution of warrant. — The head of the office to
whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed
within ten (10) days from its receipt. Within ten (10)
days , the officer to whom it was assigned for
execution shall make a report to the judge who
issued the warrant. In case of his failure to execute
the warrant, he shall state the reasons therefore.

NOTE. 10 days is not an expiration of the WOA

 Arrest without warrant; when lawful. — A peace officer or a
private person may, without a warrant, arrest a person:

(a)When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to commit
an offense;

(b) When an offense has just been committed, and he has

personal knowledge of facts or circumstances that the person
to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has

escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred from
one confinement to another.
Right of officer to break into building or
enclosure. — An officer, in order to make an arrest
either by virtue of a warrant, or without a warrant as
provided by the Rules of Court may break into any
building or enclosure where the person to be
arrested is or is reasonably believed to be, if he is
refused admittance thereto, after announcing his
authority and purpose.
Right to break out from building or
enclosure. — Whenever an officer has entered the
building or enclosure in accordance with the
preceding section, he may break out there from
when necessary to liberate himself.

Arrest after escape or rescue. — If a person

lawfully arrested escapes or is rescued, any person
may immediately pursue or retake him without a
warrant at any time and in any place within the
Philippines.
Right of attorney or relative to visit person
arrested. — Any member of the Philippine Bar shall,
at the request of the person arrested or of another
acting in his behalf, have the right to visit and confer
privately with such person in the jail or any other
place of custody at any hour of the day or night.
Subject to reasonable regulations, a relative of the
person arrested can also exercise the same right.
SEARCH AND SEIZURE
Search warrant defined. – A search warrant is an order
in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace
officer, commanding him to search for personal
property described therein and bring it before the
court.
Personal property to be seized. – A search warrant may
be issued for the search and seizure of personal
property:

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of

the offense; or

(c) Used or intended to be used as the means of

committing an offense.
Time of making search. – The warrant must direct
that it be served in the day time, unless the
affidavit asserts that the property is on the person
or in the place ordered to be searched, in which
case a direction may be inserted that it be served
at any time of the day or night.

Validity of search warrant. – A search warrant shall

be valid for ten (10) days from its date. Thereafter,
it shall be void.
Receipt for the property seized. – The officer
seizing the property under the warrant must give
a detailed receipt for the same to the lawful
occupant of the premises in whose presence the
search and seizure were made, or in the absence
of such occupant, must, in the presence of at
least two witnesses of sufficient age and
discretion residing in the same locality, leave a
receipt in the place in which he found the seized
property.
Delivery of property and inventory thereof to
court; return and proceedings thereon. –The
officer must forthwith deliver the property seized to
the judge who issued the warrant, together with a
true inventory thereof duly verified under oath.
Search without a warrant of person arrested – a
person charged with an offense maybe searched for
dangerous weapons or anything which may be used
as proof of the commission of the offense.

Why is a search of a person conducted? – a search

is conducted to discover weapons or evidence or to
determine identity.
Seizure – is the taking into custody of property found by
searching

Kinds of Search.
a. Preliminary search of a person – this is ordinarily
made at the time and scene of an arrest. Its primary
purposes are:
1. to discover concealed weapons
2. seizure of incriminating evidence which
might otherwise be destroyed.

b. complete search – this is done at the place of

detention wherein the subject is stripped and clothing and
other possessions are thoroughly examined.
Two (2) Restraining devices:

a. Handcuffs – this is the procedure of applying

the handcuff restrain after the completion of
the search.

b. Other form of restraint – if no handcuff is

available, the subjects belt or necktie can be
used
Legal and moral consideration to
be observed during custodial
investigation
MIRANDA DOCTRINE

The case that brought about the eventual Miranda

rights ruling, involved Ernesto Miranda of Phoenix, Arizona.
In 1963, Miranda was arrested for the armed robbery of a
bank worker.
While in custody of police, Miranda -- who had a record for
armed robbery, attempted rape, assault and burglary --
signed a written confession to the armed robbery. He also
confessed to kidnapping and raping an 18-year-old girl 11
days prior to the robbery.
Miranda was convicted of the armed robbery, but his
attorneys appealed the case on the grounds that Miranda
did not understand that he had the right against
self-incrimination.
The following is the common Miranda warning
used by most law enforcement agencies:

You have the right to remain silent. Anything you

say can and will be used against you in a court of
law. You have the right to speak to an attorney and
to have an attorney present during any questioning.
If you cannot afford a lawyer, one will be provided
for you at government expense.
Right of the Person arrested, detained or under
custodial investigation
a. to remain silent
b. the right to have competent and independent
counsel, preferably of his own choice, who shall at
all times be allowed to confer privately with the
person arrested, detained or under custodial
investigation.
c. If such person cannot afford the services of his
own counsel, he must be provided with a
competent and independent counsel by the
investigating officer.
d. Any person arrested or detained or under custodial
investigation shall be allowed visits by or conferences
with any member of his immediate family, or any
medical doctor or priest or religious minister chosen by
him or by any member of his immediate family or by his
counsel, or by any national non-governmental
organization duly accredited by the Commission on
Human Rights of by any international non-governmental
organization duly accredited by the Office of the
President. The person's "immediate family" shall include
his or her spouse, fiancé or fiancée, parent or child,
brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.
THANK YOU!!!