CHAPTER VI
GENERAL PRINCIPLES IN INVESTIGATION
Learning Objectives
At the end of this chapter the students should be able to;
1. Understand the protocols of Investigations
2. Explain the different terminologies used in this chapter;
3. Discuss the responsibilities of an investigator upon arrival at the scene;
4. Learn on how to evaluate preliminary evidence possibilities and record physical
evidence;
5. Conduct a detailed search and prepare crime scene sketch;
Investigation (defined) is the collection of facts to accomplish a three-fold aim:
a. To identify the suspect;
b. To locate the suspect; and
c. To provide evidence of his guilt.
In the performance of his duties, the investigator must seek to establish the six (6)
cardinal points of investigation, namely:
1. What specific offense has been committed;
2. How the offense was committed;
3. Who committed it;
4. Where the offense was committed;
5. When it was committed; and
6. Why it was committed.
Protocols in Investigation
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. (Protocol 1)
Official Police Blotter
a. A Police Blotter is an 18" x+
b.
c. 12" logbook with hard-bound cover that contains the daily register of all crime
incident reports, official summary of arrests. and other significant events reported
in a police station. (par. a Protocol 2);
d. As a general rule, all crime incidents must be recorded in the official police
blotter. (par. B Protocol 2);
e. A separate Police Blotter, however, shall be maintained for offenses requiring
confidentiality like violence against women and children and those cases
involving a child in conflict with the law to protect their privacy pursuant to R.A.
9262 (Anti-Violence Against Women and Children Act of 2004) and R.A. 9344
(Juvenile Justice and Welfare Act of 2006). (par. c Protocol 2)
f. The duty police officer shall record the nature of the incident in the police blotter
containing the five "W"s (who, what, where, when and why) and one "H" (how) of
the information and inform his superior officer or the duty officer regarding the
occurrence of such incident. (par. d Protocol 2)
g. In answering the above 5 Ws and 1 H and 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 suspect/s, the victim/s, the
witness/es, if any; facts of the case; significant circumstances that aggravate or
mitigate the event or the crime should be entered along with the identity of the
officer to whom the case is assigned (Officer-on-case); and, the status of the
case. (par. e Protocol 2)
Investigation Team: Organization and Equipment
a. All investigators in any police unit must be a graduate of prescribed
investigation course with a rank of at least PO2 (pre-requisite to assignment).
(par. a Protocol 3)
b. Composition:
1. Team Leader
2. Investigator/recorder
3. Photographer
4. Evidence custodian; and
5. Composite Illustrator/Artist
c. Equipment of the investigator:
1. Police line
2. Video camera
[Link] recorder
4. Camera
5. Measuring device
6. Gloves
7. Flashlight
8. Fingerprint kit
9. Evidence bag
10. Evidence tag
11. Evidence bottles/vials; and
12. Investigator's tickler (contains the following) a) Investigator's checklist b)
Anatomical diagram form c) Evidence checklist d) Turn-over receipt
Definition of Terms
Criminal Investigation (defined) - It is the collection of facts in order to accomplish the
three-fold aims – to identify the guilty party; to locate the guilty party; and to provide
evidence of his (suspect) guilt.
Criminal Investigator (defined) - A public safety officer who is tasked to conduct the
investigation of all criminal cases as provided for and embodied under the Revised
Penal Code/Criminal Laws and Special Laws which are criminal in nature. A well-
trained, disciplined and experienced professional in the field of criminal investigation
duties and responsibilities.
Diligence of a Good father of Family - Used in reference to person of ordinary or
average diligence. To determine that diligence, we must use as a basis the abstract
average standard corresponding to a normal orderly person. Anyone who uses
diligence below this standard is guilty of negligence.
Organized Criminal Group - A structured group of three or more persons, existing for
a period of time and acting in concert with the aim of committing one or more serious
crimes or offenses as defined in the United Nations Convention against Transnational
Organized
Crime, in order to obtain, directly or indirectly, financial or other material benefit.
Organized Crime - A combination of two or more persons who are engaged in a
criminal or virtual criminal activity on a continuing basis for the purpose of profit or
power using gangland style to attain their purpose.
Parole Evidence - Requisites. For the admissibility of parole evidence of the ground of
mistake or imperfection of the writing, the following requisites must concur; 1) the
mistake should be of fact; 2) the mistake should be mutual or common to both parties to
the instrument; and 3) the mistake should be alleged and proved by clear and
convincing evidence.
Upon the Arrival at the Crime Scene
A crime scene investigation begins well before the CSI enters a structure, an open field
or wooded area. Usually, the radio dispatch message is brief and seldom reveals the full
nature of the incident. Most often this is done to avoid drawing on-lookers and the
media who may be monitoring the dispatch frequency. As the CSI turns onto the
street in question, his first obligation is to "turn on" his powers of observation.
He may make a mental note of what he sees, hears and smells-or better still-
records them on a digital voice recorder. His first reaction to the scene must be,
"Does anything look out of place? What odors may be noticeable and are there
unusual sounds.
Secure and Protect the Scene
Hopefully the first responders haven't caused too much disruption to any potential
physical evidence. Before even stepping inside the structure, ingress and egress
to it must be controlled. Sentries at all possible entrances should be put in place.
The crime scene investigator (CSI), after learning the basic facts-in this case it appears
that a white male appears to have a single bullet wound the head and rigor has set in
this from the first responders, so the CSI will establish the boundaries of the crime
scene. The outcomes the crime scene tape.
Initiate Preliminary Survey
The crime scene investigator before entering the structure an exterior survey is needed.
This may be nothing more that walking around the exterior of the structure to see if any
obvious evidence is apparent. This would include open windows, damaged doors,
ladders and the like. The question, the CSI is asking is how was entry made to the
structure. Once indoors, the CSI will make a visual survey of the actual room in
which the incident reported took place. This is a good time to also take overall
photos of the scene. He will then survey adjoining rooms to determine if these spaces
enforcement agencies conduct such investigations of an may have information relative
to the incident. Most law possible unattended death no physician present as a homicide-
until it is determined otherwise. Unlike some evaluating and collecting physical
evidence. In most agencies, statements from witnesses and survivors are TV dramas,
the CSI is on site for the purpose of finding, handled by the investigators/detectives.
During this entire survey period, the CSI is taking notes and/or recordings of his
sensory observations.
Evaluate Physical Evidence Possibilities
The very nature of what appears to be obvious should trigger the thought-processes of
the Crime Scene Investigator. What happened here, when did it happen and what sort
of evidence should be present? Questions that should be answered initially are:
1. Did the shooting occur in this room?
2. Has the body been moved (by first responders or perpetrator(s)?
3. Has any object been moved (especially by first responders or family members?
4. Were additional shots besides the one in the victim's head. This means examining
walls, ceiling, room objects, etc.?
5. Are shell casings apparent. If so-mark them with placards, evidence tents, etc. so
they will be obvious in photos.?
6. Are traces of blood apparent in other areas of the room-indicating movement of the
victim?
7. Is blood spatter apparent?
8. Are there signs of a struggle?
9. Are there visible footprints in the blood?
[Link] crime scene may well generate other questions to be answered by the CSI.
The above list is simply the most obvious questions.
Prepare a Narrative of the Scene
The Crime Scene Investigation's notes can serve as a very critical part of the
overall physical evidence available from the scene. The investigator must keep in
mind that months or even years later this case may go to trial. Your notes must
present the full story of what you saw and any impressions the evidence gave
you. Avoid speculation as to what occurred unless you have physical evidence to
back it up.
Capture the Scene Photographically
Be certain to have overall, medium range and close-up shots of any potential physical
evidence. Be certain to include scales in the close-up shots.
Prepare the Crime Scene Sketch
Many Crime Scene Investigator's will prepare the rough sketch at the scene and will
complete a detailed sketch back at headquarters. The rough sketch should contain no
more or no less than the final, detailed sketch. It is always recommended that an
assistant help out when taking measurements, and it's a good idea is to have this
individual verify each measurement to avoid questions later.
A sketch is usually made of the scene as if one is looking straight down or straight
ahead. Measurements should be taken at crime scene of distances between two
objects, room measurements and key pieces of evidence, Two measurements should
be taken at right angles to each other from two location points. Each measurement
should be double measured to make sure they are correct and accurate. A professional
using all the measurements and notes taken by the investigators can make a final
sketch. However, the original sketches evidence in case a disagreement occurs or
something was missed. Once the crime scene has been recorded with videotaping, still
photography and sketches, gathering of evidence can occur. Gathering and locating
physical evidence is a very slow a tiresome job when done correctly, however, it can
surrender many clues.
One of the first things an investigator must determine is the size and area that must be
searched. The main focus search must include all likely points of entry and exits used
by the criminals. When searching, certain patterns may be used to cover and examine
the area. There are about three different ways in which an area can be examined. One
way is a spiral search method, which is by starting in the center of the scene and work
in a spiral outward do this method until all of the scene has been covered and checked.
Another method and usually the preferred method is the grid method. This is done by
marking the crime scene into a grid and walking in a straight line from one side of the
grid towards the other whereas you make 180 degrees turn and come back a few steps
over from where you just searched.
Conduct a Detailed Search
Go over every square inch of the scene in an attempt to locate even the smallest
particle of evidence. "This brings to mind a recent case wherein a woman was brutally
beaten to death in her bedroom. Several days after the crime scene was released to the
family, the
victim's sister found a tooth from the victim on the bedroom carpet. in the scene to
collect any potential bedroom carpet". Many crime scenes warrant the use of an
evidence vacuum in the scene to collect any potential microparticle evidence such as
hair and fibers. This step should be performed prior to any close in inspection of the
victim.
Record and Collect Physical Evidence
a. As potential evidence is located it should be recorded on the crime scene sketch
as well as in photographs. If your agency offers the luxury of having a
videographer on hand, video often tells a compelling story to a jury.
b. Crime scene evidence is useless unless it is properly marked and packaged and
a Chain of Evidence is begun from the time it is picked up. Use the proper type of
containers for all evidence collected. Never package objects wet with blood or
other physiological fluids in plastic bags, as this will accelerate decomposition.
Label and identify all evidence collected, including the notes taken by the
investigator.
c. Of course, the digital age we live in takes note of electronic devices like
computers and cell phones. This type of evidence requires special handling and
only experts trained in working with digital items should be permitted to handle
and collect these items.
Conduct a Final Survey
Be certain that every package containing physical evidence is collected leaving nothing
behind. Make a final walk-through to be certain that all potential evidence is bagged and
tagged.
Release the Crime Scene
While it is normal for others having an interest in the property to want to regain access,
the CSI should not be rushed, coaxed or bullied into releasing the scene until the job is
done.
Record and Collect Physical Evidence
a. As potential evidence is located it should be recorded on the crime scene sketch
as well as in photographs. If your agency offers the luxury of having a
videographer on hand, video often tells a compelling story to a jury.
b. Crime scene evidence is useless unless it is properly marked and packaged and
a Chain of Evidence is begun from the time it is picked up. Use the proper type of
containers for all evidence collected. Never package objects wet with blood or
other physiological fluids in plastic bags, as this will accelerate decomposition.
Label and identify all evidence collected, including the notes taken by the
investigator.
c. Of course, the digital age we live in takes note of electronic devices like
computers and cell phones. This type of evidence requires special handling and
only experts trained in working with digital items should be permitted to handle
and collect these items.
Conduct a Final Survey
Be certain that every package containing physical evidence is collected leaving nothing
behind. Make a final walk-through to be certain that all potential evidence is bagged and
tagged.
Release the Crime Scene
While it is normal for others having an interest in the property to want to regain access,
the CSI should not be rushed, coaxed or bullied into releasing the scene until the job is
done.
DISCUSSION
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
another unit/agency. (Protocol 1) The Diligence of a Good father of family used in
reference to person of ordinary or average diligence. The purpose is to determine that
diligence; we must use as a basis the abstract average standard corresponding to a
normal orderly person. Anyone who uses diligence below this standard is guilty of
negligence.
The duty police officer shall record the nature of the incident in the police blotter
containing the five "W"s (who, what, where, when and why) and one "H" (how) of the
information and inform his superior officer or the duty officer regarding the occurrence of
such incident. (par. d Protocol 2) In answering 5 Ws and 1 H and 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 suspect/s, the victim/s, the
witness/es, if any; facts of the case; significant circumstances that aggravate or mitigate
the event or the crime should be entered along with the identity of the officer to whom
the case is assigned (Officer-on-case); and, the status of the case. (par. e Protocol 2)
In Crime scene investigation begins well before the CSI enters a structure, an open field
or wooded area. Usually, the radio dispatch message is brief and seldom reveals the full
nature of the incident. Most often this is done to avoid drawing on-lookers and the
media who may be monitoring the dispatch frequency. As the CSI turns onto the street
in question, his first obligation is to "turn on" his powers of observation. He may make a
mental note of what he sees, hears and smells-or better still-records them on a digital
voice recorder. His first reaction to the scene must be, "Does anything look out of
place? What odors may be noticeable and are there unusual sounds.
Review Questions # 6
Name: _____________________ Sheet Number: __________
Date Taken: _________________ Result: _________________
Part I- Essay
1. In your own understanding define the following such as;
a. Criminal Investigation
b. Organized Crime Investigation
c. Parole Evidence
2. What are the responsibilities of an investigator upon arrival at the scene explain
each?
3. Explain the process on how to evaluate preliminary evidence possibilities and how to
record physical evidence?
4. Explain on how to conduct a detailed search and prepare crime scene sketch?