Special Crime &

Investigation with
Interrogation
BY:
GERALD KEVIN P. HERNANDEZ, RCRIM, MSCJ
 3

Special Crime Investigation -is a special study of modern

techniques in the investigation of serious and specific crimes including
murder, homicide, rape, parricide, robbery, piracy on the high seas,
arson, kidnapping, carnapping, cybercrime cases and other acts of
terrorism.

The emphasis is on physical evidence rather than an extra judicial

confession. Special crime investigation focuses on specific crimes
which by their nature are difficult and complex to investigate.
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.
What is the primary job of an investigator?

 The primary job of the 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 was it committed, where was it
committed, when was it committed, and under
certain circumstances, why was it committed.
Five qualities of a good investigator

 Ability to persevere or stick to task in spite of monotony and the many

obstacle which surround it.
 Must have certain abilities and an intelligence which would enable him
to acquire information easily and readily and to use this information
truthfully. He should have the capacity to think through situations.
 He must be honest, he must be incorruptible and must possess personal
integrity.
 Must have an understanding of the people and environment in which he
lives
 Must have a keen power of observation and accurate description.
Cont…

7 factors responsible for the inaccuracy of recollecting what

has been observed.

 Addition of details which were not in the original picture

 Some items may be dropped from one observation and other
items from a different observation may be integrated by
means of substitution.

 Recollection is subject to transposition in time, sequence and

arrangement of details.
 Focused attention, some persons, by training will note only
certain details and overlook others. They see only one thing and
are oblivious to the rest
 Transmission of information leads to inaccuracy. Words are used
to convey description. We all have difficulty in translating
observation into such language as will actually convey our
picture. Mistakes due to communication are laid on the speaker
and the listener.
 Incompleteness or simplification. Too much simplification may
lead to omission of details which may in the future be essential in
the investigation
 Too much self confidence in their recall
 PROCESSING A CRIME SCENE

1) Isolate and secure the scene

2) Survey and document the scene
3) Search for evidence
4) Collect and package evidence, maintaining the
chain of custody
5) Submit evidence to the crime lab
THE CRIME SCENE

 A crime scene is any location that may be associated with

a committed crime.

 Any place where evidence may be located to help explain

events.

 The location of a crime scene can be the place where the

crime took place, or can be any area that contains
evidence from the crime itself.
CRIME SCENE INVESTIGATION

 Based on the scientific method and the Locard Exchange

Principle, logic and forensic techniques
Involves:
Recognition—scene survey, documentation, collection
Identification—comparison testing done in the laboratory
Individualization—evaluation and interpretation
Reconstruction—reporting and presenting
Locard Exchange Principle

 “When a person comes into contact with an object or

another person, a cross- transfer of physical evidence can
occur.”
 More intense interactions result in greater exchange.
 Transferred material is known as trace evidence.
INITIAL STEPS IN CRIMINAL
INVESTIGATION
(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.
Cont…
e. Safeguard the area by issuing appropriate orders and by
physically isolating it.

f. Subsequently, permit only authorized persons to enter the

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 search if assistants are
present
Cont…
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?
 Cont…
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 circumstances of the crime, while calling for assistance for
an ambulance from the nearest hospital. Then 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 measured, sketched and photographed.
 Crime Scene Search and Processing
 The purpose of crime scene investigation is to help establish what happened
(crime scene reconstruction) and to identify the responsible person.
 This is done by carefully documenting the conditions at a crime scene and
recognizing all relevant physical
 evidence.
 The ability to recognize and properly collect physical evidence is oftentimes
critical to both solving and prosecuting violent crimes.
 It is no exaggeration to say that in the majority of cases, the law enforcement
officer who protects and searches a crime scene plays a critical role in
determining whether physical evidence will be used in solving or prosecuting
violent crimes.
Cont…

 Crime scene search scenarios involve significant teamwork. Each team member
should be assigned a specific duty during the crime scene processing.
 Explorers handle the crime scene as if they are the actual evidence technicians
collecting and processing the evidence.
 Each Explorer should make clear their assignment, then follow through with the
task.
 Explorers should be able to process a scene, have a clear understanding of
whathas happened and take appropriate action.
Cont…
Responding to a crime scene: initial search
Hot Search
 “High Risk” response, weapons drawn, quick building searches
 Assumes that perpetrator is still in vicinity of crime scene
 Thorough search of crime scene and surrounding area
 Done immediately after crime scene is discovered
Cont…

Cold Search
 No chance suspect is still on scene or in the area
 Done hours or days after crime scene has been discovered
 Covers surrounding neighbourhood
 Residents, etc, canvassed for potential witnesses
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.
 Crime Scene Response involves particular
police procedures
 First responder’s responsibility –responsible in the protection and preservation of the
crime scene, identification and assistance to injured persons, and call for emergency
assistance.
 Second, Investigator’s-on-case responsibility – to determine cause or motive of the
crime, identification and interview of witnesses, and possible arrest of suspects.
 Third, Crime Laboratory’s
 Scene of Crime Operation – for the search, recognition, collection, handling,
preservation, and documentation of physical evidences that will support the successful
prosecution in court. However, in areas where no SOCO Team would be readily available,
the investigator should assume the responsibilities of the scene of crime operatives.
Cont….
ASSIGNMENT OF DUTIES
 Only one investigator may be assigned to handle a case when it is a minor one if the work load
of the office is great.
 However when a case is relatively important and to insure thoroughness of the investigation,
several investigators may be assigned to handle the case.
If there are many investigator assigned to form a team, the following arrangement is recommended
to insure maximum effectiveness.
 Officer in charge – one who directs the search, assigns duties, and assumes responsibility for the
effectiveness of the search.
 Assistant- he must implement the orders of the officer in charge
 Photographer – he photographs the scene and individual pieces of evidence
Cont….

 Sketcher – he makes a rough sketch of the scene given and later a finished sketch
 Master note taker – one who writes down in short hand the observations and
descriptions during the search
 Evidence man – he collects, preserves and tags articles of evidence
 Measurer –he makes overall measurements of the scene.
The search
 Before the actual search is done, the investigator must stand aside and make an
estimate of the situation.
 A certain area where there a no possible traces of the crime may be made as the
headquarters.
 Every step of an investigation must be undertaken with the thought of ultimate
presentation in court.
 The basic guide for the investigator to look upon are evidence to establish one or
more of the ff:
a. The corpus delicti or the fact that a crime was committed
b. The methods of operation of the perpetrator
c. The identity of the guilty party
 Types of crime scene searches:
Elevation Zone Search:
 This type of search is used with indoor crime scene where evidence
may be on the walls or in the ceiling (example: bullet holes, blood
splatters etc.)
 Only one elevation zone should be checked at a time.
 Cont…
Overlapping Zone Search:
 The Team Leader should
observe and supervise the
search while other team
members perform the search.
 With a overlapping search
items are unlikely to be
missed.
 Cont…
Strip method/line method /pararell
 The strip method requires that crime scene personnel walk a path
from one end of the crime scene, over to the other side of the room
or area, and then return in the direction from which he or she first
started. Every lap brings the investigator closer to the center of the
room or space being searched.
 Cont…
Spiral Search:
 Commonly used when looking for an object that is suspected to
be a specific distance from another, for example: shell casing
from a gun or an object thrown by hand from a specific location,
but thrown in an unknown direction.
 Cont…
Grid Search/double strip:
 This is the most thorough search technique. Similar to a strip search but also
done in opposite directions.
Cont…
The zone search/quadrant search:
 In a zone search, the CSI in charge divides the crime scene
into sectors, and each team member takes one sector. Team
members may then switch sectors and search again to ensure
complete coverage.
Cont…
Wheel/ray search 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 radi or spokes`
 The processing of a crime scene can involve two or three people, or
dozens, depending, once again, on the circumstances and the location.
 In order to prevent charges of improper handling or documentation at a
later point in time or during the course of a trial, all evidence collection
must be carefully noted and documented. Remember, once the crime scene
is released, once the body has been removed, it can never be perfectly
reconstructed again.
 That is why it is so important to combine every aspect of the investigation,
from photographs, measurements, drawings, diagrams, and notes, to
provide as concise and as thorough of a case file as humanly possible.
 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
Modern techniques in crime scene
investigation
What do you understand by Instrumentation?
 Instrumentation is the application of instruments and methods of physical science
to the detection of crime. It is the application of physics, chemistry, and biology in
crime detection.
 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.
Cont…

 In cases where there are no physical evidences 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
 Cont…
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 evidences.
b. By strengthening a weak link or links in the chain of evidences.
c. By checking the accuracy of the statements made by (1) the suspect. or (2) by
material witnesses.
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.
Instrumentation
 After all physical evidence are found in the crime scene, almost all of them
need equipment to process, that is where criminalistics equipment or
instrument come into the picture.
 evidence that is expendable must be preserved, this can be done through
photography.
 latent fingerprint needs to be lifted and preserved for court presentation,
Dactyloscopy is the needed instrument.
 The deceased died of unknown substance he drank before he died.
Toxicology will provide the answer the truth, etc.
Crime reconstruction or crime scene
reconstruction
 is a forensic science discipline in which one gains "explicit knowledge of the
series of events that surround the commission of a crime using deductive and
inductive reasoning, physical evidence, scientific methods, and their
interrelationships."
Crime scene reconstruction…cont
Kinds of reconstruction

 Physical reconstruction
The physical appearance of the crime scene is reconstructed from the
description of witnesses and the indication of the physical evidence
 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 evidence.
Photographing the crime scene
There must be a series of
photographs of the crime
scene to supply the
maximum information and to
enable the viewer to
understand how the crime
was committed
Photographing the crime scene…cont

Minimum requirements to be observed by the investigator to insure the

admissibility of photographs in court
1. The object which is presented should not be immaterial or irrelevant
2. The photograph should not unduly incite prejudice or sympathy.
3. The photograph should be free from distortion
Photographing the crime scene…cont

Kinds of photograph to be taken at the scene of crime

 Over-all photographs – carried clockwise until at least four general view
photographs have been taken
 Shooting the Four
Corners

Photo # 1

Photo # 2
Crime Scene
Photo # 3

Photo # 4

45
 Overall Photograph
Example

Overall Overall
Photo #3 Photo #4

Overall Overall
Photo #1 Photo #2

46
 Photographing the crime scene…cont

 Photograph of the deceased – a

set of views showing the
relationship of the dead body
with the surroundings.
Photographing the crime scene…cont
 Photographs of articles of evidence –
weapons, blood stains, hair, fibers,
papers etc.., seen at the crime scene
must be photograph before removal
Photographing the crime scene…cont
 Special techniques – ultra-violet,
infra-red macrophotography,
cinematography et.,
Photographing the crime scene…cont

 Photograph of environs
 Photographing the crime scene…cont

 Photograph of the body after removal

- for identification of victim
- close-up picture of the wounds
 Photographing the crime scene…cont

Photographic Data
 A complete record of each photograph should be made in a note book so that the following
minimum essentials are available.
1. data to identify the photographs with the offense
2. data to identify the photographer
3. data to orient the camera position with the scene
4. the date and hour when each photographs was taken
Photographing the crime scene…cont

5. data reflecting the light and weather condition when each photograph was taken
6. data reflecting the type and make of camera, film and details regarding special equipment's
used
7. focal length of the lens
8. data regarding developing printing and any special laboratory techniques
9. data to reflect a complete chain of custody of the photographic film used
Three tools/I’s in criminal investigation

 The tools of the investigators are the three “I’s”, namely

INFORMATION, INTERROGATION and
INSTRUMENTATION. Their application varies in
proportion depending on their necessity to establish the
guilt of the accused in a criminal trial
 What is meant by information
 it refers to the facts of the crime that would answer the 5 w’s and 1
h. This will be obtained from witnesses who have personal
knowledge, regular, cultivated or grapevine sources. The skills in
intelligence and data gathering play an important role.
2 kinds of information
 Information acquired from regular sources such as conscientious and
public spirited citizens, company records anf files of other agencies
 Information which the experienced investigator gathers from cultivated
sources, such as paid informants, bar-tenders, cab drivers,, former
criminals or acquaintances
 Interrogation – refers to the elicitation of information from an
individual who refuses to provide information. The ability to obtain
information by questioning is the most prized talent of the prober.
Interview – it is the simple questioning of victims and witnesses who
are voluntarily reveal information in connection with matters to be
investigated.
Purposes of Interrogation
 To obtain confession of the crime.
 To induce the subject to make admission.
 To learn identity of the accomplishes.
 To learn the facts and circumstances surrounding the crime.
 To develop information which will lead to the recovery of the fruits of the crime.
 To discover the details of other crimes participated in by the suspect.
Instrumentation – it refers to the application of the
instruments of physical sciences to the detection of the crime
such as the modern techniques in the field of forensic
sciences. It is also known as CRIMINASLISTICS.
End of Presentation
Phases of Crime Investigation
 Phase I – The fact that the crime happened is established. The investigation will
commence when the Crime Incident comes into the knowledge of those who
would be the First Responders.

 Phase II – Identify the suspect through:

A. Confession/Admission
Admission is a self-incriminatory statement by the subject falling short of
an acknowledgment of guilt. It implicates but does not incriminates.
Confession – is a direct acknowledgment of the truth of the guilty fact as
charged or of some essential part of the commission of the criminal act itself.
Kinds of Confession
 a. Extra judicial – confession made outside the
court during preliminary investigation before
trial.

 b.Judicial – confession made inside the court

during trial.
Guidelines in taking Admission and Confession
 1. Must be in writing.
 2. Executed under oath.
 3. Written in language understand by the accused.
 4. Must be voluntary and freely.
 5. Taken in the presence of counsel chosen by the accused.
B. Accounts or Testimonies of Witnesses
accuracy of the identification by eyewitness accounts would depend on the
following factors:

 1. Ability to remember the distinct appearance of the subject.

 2. Prevailing conditions of observation and visibility when the crime was
committed.
 3. Lapse of time in the identification process.
Methods of Identification by Witness
1. Verbal Description
2. Photographic Files (Rogue’s Gallery)
3. General Photograph
4. Artist’s Assistance
5. Police Line-up
It is used as a means of selecting a suspect from a group of innocent persons
which eliminate the power of suggestion. This is conducted with seven (7) to ten
(10) persons with almost the same appearance as to height, hair color and
clothing. During identification, the line-up members should not talk, unless voice
identification is required. If there are more than one witness, they should make
their identification separately and should not be allowed to confer with each other,
until they have indicated their individual decisions to the investigator.
C. Circumstantial Evidence
It is the identification established indirectly by proving other facts or
circumstances from which the identity of the perpetrator can be inferred. This
evidence is sufficient to produce conviction when:
1. there are more than one circumstances
2. the facts from which the inferences derived are proven
3. the combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt
Circumstantial Evidence…cont
Inferences to prove identity by circumstantial evidence:
1. Motive – desire for revenge, personal gains, or other reasons.
2. Opportunity – physical possibility that the suspect could have committed the
crime, which may be:
a. suspect could have been at the vicinity of the crime.
b. knowledge of criminal objectives.
c. absence of alibi
D. Associative Evidence
These are the physical evidence which may
identify the criminal by means of clues, personal
properties, or the characteristic patterns of
procedure deduce from the arrangement of objects
at the crime scene, such as weapons, tools,
garments, fingerprints, foot impressions, and
others.
Modus Operandi
Major General Llewely Atcherly devises the first modus operandi file. It
is a human nature that personal habit and mannerism do not change easily
but remains with the individual for years.

It signifies the method of operation or the distinct manner of how crimes are
committed by known criminals. It includes nature of stolen property,
description, observation at the scene, motive, time and peculiarities.
 Phase III – Locate and apprehend suspect.

 Phase IV – Gather and provide evidence to establish the guilt of the accused (In
proving the guilt of the accused in court, the fact of the existence of the crime
must be established, the accused must be identified and associated with the
crime, competent and credible witnesses must be available and the physical
evidence must be appropriately identified. The investigator must know by heart
the elements of specific crime.
The Crime Scene
It is the location which a suspected criminal
offense has occurred. It is considered as the
most important phase of the investigation. It
focuses on the search of pieces of evidence.
Thus, these are very significance in the judicial
process to obtain conviction.
Physical Evidence
It comprises all objects and materials in connection with an investigation
that are instrumental in discovering the facts. It can prove that the crime has
been committed or establish by element of the crime, establish the identity of
the suspect, exonerate the innocent, corroborate the victim’s testimony; lead
to admission or confession; more reliable than the statement of witness; and
provide useful information.
Kinds of Physical Evidence
1. Corpus Delicti – objects or substance which are essential parts of the body of
the crime.
2. Associative Evidence – it links the suspect to the crime scene or offense.
3. Trace Evidence – articles that can establish the physical contact of suspect
with the victim to probe his physical presence in the crime scene.
4. Indirect/circumstantial evidence - evidence which tends to incriminate a
person such as footprints found at the scene.
Standard Methods of Recording Investigative Data
 A. The Investigator’s Notebook Due to the number of cases
handled by an investigator is, it is very possible that he might
forget some details.
 Many of the details associated with the investigation while not
essential to the report, might become points of interest to the
court when the case is brought to trial.
 Thus, it is necessary to employ a notebook to record the
relevant details of the case. During trial, the court allows
investigators to consult their notes to refresh their memory.

 The data of the investigation should be recorded in a complete,

accurate and legible fashion so that in the event another investigator is
required to assume responsibility for the investigation, he can make
intelligent use of the notebook.
 Methods of Obtaining Info

A. Interview
 It is one form of communications used extensively by the police in eliciting
information from witness or a suspect to obtain confession. However if
conducted improperly, the interview may be rendered worthless or can result in
serious negative consequences for all involved.
Methods of Obtaining Info…CONT
 The latest trend in this field is cognitive interviewing as distinguished from
highly structured interviews. It is quite time consuming but it assists witness
memory retrieval by:

 1. Reinstating the context of the event;

 2. Recalling the event in the different sequence; and
 3. Looking at the event in different perspective.
 Interview Format (IRONIC)
 1. Identity – prior to the interview officer must identify himself.
 2. Rapport – get the positive feeling towards the investigator.
 3. Opening Statement – indicate why the subject is being contracted.
 4. Narration – do not interrupt the narration of the subject.
 5. Inquiry – asking and clarifying.
 6. Conclusion – closure and giving gratitude.
Basic Rules in Successful Interviewing

 1. Develop a plan of action.

 2. Conduct the interview privately.
 3. Put the interview at ease.
 4. Let the person being interviewed do the talking.
 5. Be a good listener.
 6. Don’t challenge answers given.
 7. Stay in control.
 8. Take brief notes.
 9. Conclude the interview.
 10. Write a summary immediately following the interview.
 11. Learn from experience.
The Questioning Techniques
 Knowing how to ask questions is just as important as knowing what
questions to ask. Also making questions easy to understand is critical. This
allows the person being interviewed to concentrate on answering the
questions, not on trying to decipher what they mean.
 Use closed-ended questions (yes or no answers) sparingly because they
only require a short answer and usually only confirmed factual data. Open-
ended questions force the interviewee to talk and elaborate on the matter at
hand. This allows the interviewer to better assess the reliability of the
information obtain.
 LEADING QUESTIONS – which contain the answer
 LOADED QUESTIONS – Which ask the person interviewed to choose the
lesser of two evils,
(should always be avoided.)
Approaches to Persons to be Interviewed

 1. Complainant – sympathetic by expressing his interest to the case, but

he should determine whether all the elements of the case are present;
whether the complainant is a chronic complainant, including his motive.
 2. Person Complained Of – knowledge of the elements of the crime
allegedly committed and also the record or reputation of the person
complained of are essential.
 3. Informant – he must be permitted to talk and be praised for assisting
law and order. He should be questioned in detail.
 4. Victim – sympathetic and listening to complete story, with permission to
allow opinion and suggestion, with devotion to simply gather facts.
B. Interrogation
It refers to the elicitation of information from an
individual who refuses to provide information.

 Limitation on Interrogation
 Section 12 of Bill of Rights of the 1987 Constitution
providing the suspect/person under custodial
investigation the right to remain silent.
 ***Remedy – Waiver of Section 12 which must be
signed in the presence of counsel.
Rules in Questioning
 1. One question at a time – multiple questions are
confusing
 2. Avoiding implied answer – suggesting answer
defeats the purpose of interrogation.
 3. Simplicity of the questions – long, complicated and
legalistic questions are confusing and irritating which
may cause embarrassment and resentment.
 Cont..

4.Saving Faces – embarrassing situation on the
subject by ridicule to the stupidity, poor judgment
and other deficiencies should be avoided.
 5. Yes and No Questions – do not insist on a yes
or no answer that will result to inaccurate
answers and prevent flow of information.
 6. Positive Attitude – a positive way of
questioning and approach should be employed.
Types and Attitudes of the Subject
 1. Know Nothing Type – reluctant to become a witness = extensive warm-up;
leading him to relevant questions
 2. Disinterested Type – uncooperative, indifferent persons must be aroused = be
flattered to develop 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 and develop
inters. Not advisable to take written statements of drunk witness.
 Cont…
 4. Suspicious Type – fear must be reduced and the investigator should apply
psychological pressure by telling to him that non cooperation will work against
him.
 5. Talkative Type – find ways to shift his talkativeness to those matters useful in
the investigation.
 6. Honest Witness – ideal witness with little care and guidance.
 7. Deceitful Witness – permit to lie until he is enmeshed with falsehoods and
inconsistencies= playback is effective to counter then, state that perjury is
punishable.
 Cont…
 8. Timid Witness – friendly approached with explanation the all information
shall be treated with confidentiality.
 9. Boasting, Egoistic, or Egocentric Witness – patience and flattery are
necessary for they will be a good witness, however they are prone to color their
story and put emphasis on their part.
 10.Refusal to Talk Witness – most difficult but perseverance and neutral topics
must first be taken.
The RPM Technique of Interrogation
 R- ationalize suspects’ action (It plays to the psychological nature or desires of
the suspect to explain or justify his behavior);
 P- roject the blame unto others;
 M- inimize the crime (It plays to the psychological satisfaction of his role in the
crime and seriousness of the crime).

By employing these techniques, it help the suspects maintain their dignity or save
face. Equally important, RPM’s make oral and psychological excuses for
suspect’s action therefore subject are still accountable for their behavior.
CUSTODIAL INVESTIGATION

 Republic Act 7438 – an act defining certain rights of persons arrested detained
or under custodial investigation as well as duties of the arresting, detaining, and
investigating officers, and providing penalties for violations thereof.
Rights of Persons Arrested, Detained or Under Custodial Investigation
 1. Any person arrested, detained or under custodial investigation shall at all times
be assisted by counsel.
 2. Inform the subject in a language known to and understood by him, of his rights
to remain silent and to have a competent and independent counsel, preferably of
his own choice.
 Cont…
 3. Custodial investigation report shall be reduced to writing by the investigating
officer, provided that before such report is signed, or thumb-marked if the
person arrested or detained does not know how to read and write, it shall be read
and adequately explained to him by the counsel or by the assisting counsel
provided by the investigating officer in the language or dialect known to such
arrested or detained person, otherwise such investigation report shall be null and
void and of no effect whatsoever.
 4. Any extra judicial confession made by a person arrested, detained or under
custodial investigation shall be in writing and signed by such person in the
presence of his counsel or in the latter’s absence, upon a valid waiver, and in
the presence any of the parents, elder brothers or sisters, his spouse, the
municipal mayor, municipal judge, district school supervisor, or priest/minister
of the gospel as chosen by him; otherwise such extrajudicial confession shall
be inadmissible as evidence in any proceeding.
 5. Any waiver by a person arrested or detained under the provisions of Art.
125 of the Revised Penal Code, or under custodial investigation, shall be in
writing and signed by such person in the presence of counsel, otherwise the
waiver shall be null and void and of no effect.

 6. 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 or by International non- governmental organization duly accredited by
the Office of the President. The person’s immediate family shall include
his/her spouse, fiance or fiancee, parent or child, brother or sister, grandparent
or grandchild, uncle or aunt, nephew or niece and guardian or ward
Part III – Protocols in Investigation

1. Jurisdictional Investigation by the Territorial Unit Concerned.

The police station which has territorial jurisdiction of the area where the
crime incident was committed, shall immediately undertake the necessary
investigation and processing of the crime scene, unless otherwise directed by
higher authorities for a certain case to be investigated by other
units/agency.
2. Official Police Blotter
a. The Police Blotter is an 18” x 12” log book with hard bound cover that
contains the daily register of all crimes incidents reports, official summary
of arrest, and other significant events reported in a police station.
b. As a general, all crime incidents must be recorded in the official police
blotter
c. A separate police blotter shall be maintained for offense requiring
confidentiality like violence against women & children and those cases
involving a child in conflict with the law to protect their privacy pursuant to RA
9262- anti-violence against women and children act of 2004 and RA 9344-
Juvenile justice welfare act of 2006.
 d. The duty police officer shall record the nature of the incident in the police
blotter containing the five (5) W’s and One (1) H of the information and inform
his superior officer or the duty officer regarding the occurrence of such incident.
 e. In answering the five (5) W’s and One (1) H as well as the Case Disposition, all
such material details about the incident, including the nature of the action or
offense; the date, time and place of occurrence, the names of the suspects, the
victims, the witnesses, the facts of the case, significant circumstances that
aggravate or mitigate the event or the crime should be enter along with the
identity of the officer to whom the case is assigned and the status of the case.
3. The Investigation Team: Organization and Equipment
 a. All investigator in all police units must be a graduate of prescribed
investigation course with a rank of at least PO2 (Pre-requisite to assignment)
 b. Composition.
 Team Leader
 Investigator/Recorder
 Photographer
 Evidence
 Custodian Composite Illustrator/Artist
 c. Equipment of the Investigator:
 Police Line,
 Video Camera,
 Voice Recorder,
 Camera,
 Measuring Device,
 Gloves,
 Flashlights Finger Print kit,
 Evidence bag, Evidence Tag,
 Evidence Bottles/vials and Investigator’s tickler;
(Investigators checklist, anatomical diagram form,
evidence checklist and turn-over receipt)
4. Duties of the First Responder
a. Proceed to the crime scene to validate the information received
b. Record the exact time of arrival and pertinent data regarding the incident in
his issued pocket notebook
c. Cordon off the area and secure the crime scene with a police line or
whatever available materials like ropes, straws of human as barricades to preserve
its integrity.
Duties of the First Responder ….cont
d. Check whether the situation still possess imminent danger and call for
backup if necessary.
e. Identify possible witnesses and conduct preliminary interview and ensure
their availability for the incoming investigator on case.
f. Arrest the suspect if around or in instances wherein the suspect is fleeing,
make appropriate notification for dragnet operations.
Duties of the First Responder ….cont
g. Prepare to take the “Dying Declaration” of severely injured persons with
the following requisites:
i. The death is imminent and the victim is conscious of that
fact.
ii. The declaration refers to the cause and surrounding
circumstances of such death
iii. The declaration relates to facts which the victim is
competent to testify to
iv. The declaration is offered in case wherein the victim’s death
is the subject of the inquiry
 h. Evacuate the wounded to the nearest hospital using emergency services.
i. Account for the killed, wounded and arrested persons for proper disposition
j. Conduct initial investigation
k. Brief the investigator on case upon arrival and turn over the crime scene
l. Conduct inventory on the evidence taken at the crime scene, inventory receipt
should be properly signed by the first responder, SOCO and the investigator.
5. Duties and Responsibilities of the Investigating Team:
a. Take full control of the crime scene to include the conduct of the crime
scene search, taking of photographs, making sketches, lifting of fingerprints,
markings of physical evidence (Chain of Custody) the transmittal of evidence to
crime laboratory, interview of witnesses, gathering and evaluation of evidence,
follow up of the case, documentation and filing of appropriate charges in court.
b. Establish a command post in the immediate vicinity of the crime scene
Duties and Responsibilities of the Investigating Team…cont
c. Designate a holding area in the immediate vicinity of the crime scene
( for the media, VIP’s and other personalities present)
d. Conduct case conference with the first responder’s, SOCO and other
law enforcer and rescue personnel
e. Note secondary crime scene if situation requires.
f. Release the crime scene after investigation.
6. Investigation of suspect
a. Procedures when arrest is made:
i. Secure the person arrested (hand cuff at the back)
ii. Inform the arrested person on the cause of his arrest and his
rights as provided for in the constitution
iii. Conduct thorough search for weapons and other illegal
materials against the suspect
iv. Use reasonable force in making the arrest.
v. Confiscated evidence must be properly documented and
marked
vi. Bring the arrested person to the police station for
investigation.
7. Taking Sworn Statements of the witnesses.
The execution of a suspect’s “WAIVER” as stipulated in Art 125 of RPC
shall always be done in the presence of his chosen counsel or any independent
counsel.

8. Taking Sworn Statements of the witnesses.

a. Sworn statement’s or affidavit of the complainant and witness must be
taken immediately by the investigator on case
b. Affidavit of arrest of the arresting officers must be taken
immediately not later than 24 hours
c. In inquest cases, the investigator on case and the arresting officers shall
observe Art 125 of RPC.
9. Preparation of reports and filing of Charges – The Investigator on Case shall
submit the following:
a. Spot Report within 24 hours to higher headquarters
b. Progress Report
c. After Operation Report
d. Final report after the case is filed before the prosecutor office/court
(Referral)
e. Accomplishment Report

10. Procedures in the Release of Crime Scene:

a. Ensure that appropriate inventory has been made
b. Released is accomplished only after completion of the final survey and
proper documentation of evidence, witnesses, victims and suspect.
c. If crime scene is within a private property, the same must be released to
the lawful owner witnessed by any barangay official. In case of government
facility, it should be released to the administrator.
11. Follow up of Case
The Investigator on Case shall conduct police operation to identify and
apprehend suspect based on the result of initial investigation conducted.

12. Preparation of Case Investigation Plan (CIPLAN)

The conduct of operation involving sensational cases, high profile and
heinous crimes must be covered by CIPLAN
13. Attendance to Court duties
The Investigator on Case and Arresting Officer shall endeavour to ensure
their attendance during court hearings while COPs shall supervised and ensure
the attendance of witnesses.

14. Uniform of the Investigator

The prescribed uniform should be worn by investigator s when conducting
investigation so as to identify as PNP