CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
FUNDAMENTALS
OF CRIMINAL
INVESTIGATION
AND
INTELLIGENCE
COMPILED BY:
RONDIEL SURALTA RAYOS, RCRIM
MARK ALLEN V. FAUSTO,RCRIM,MCJE
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Module 1
HISTORY OF CRIMINAL INVESTIGATION
2100 B.C. BABYLON
- At about 1750 BC, Hammurabi, king of Babylon, created one of the first
bodies of written law – code of Hammurabi.
- It imposes the Lex Taliones (Law of Retribution) principle where the
punishement of an offender was equal to what he did. The principle
also refers to the concept known as, “An eye for an eye and a tooth for
an tooth”.
5TH CENTURY B.C (ROME)
- This century marked Rome for the creation of the first specialized
investigative unit which was named as Questors (Responsible for
Questioning the suspect) or Tracker (Responsible for Tracking) or
Murderers (Responsible for Locating and Questioning the suspect).
ALFRED THE GREAT
- In the later part of 9th century, Alfred the Great established a system of
“mutual pledge” (Social Control), which was organized for the security
of the country into several levels such as the following:
1. Ten Tithing – This was done by grouping a hundred of persons into
one under the charge of a High Constable. Hue and Cry were
employed.
2. Tithing – This was performed by grouping ten persons to protect one
another and to assume responsibility for the acts of the group’s
members. The one who heads the group was called Chief.
THE TIME OF CHRIST (ROME)
- The Roman Emperor Augustus picked out special, highly qualified
members of the military to form the Praetorian Guard, the Praefectus
Urbi and the Vigiles of Rome. Their function were as follows:
1. Praetorian Guard – This guard was considered to be the first
police officer in Rome, with the job if protecting the palace of Rome
and the emperor.
2. Praefectus Urbi – The function of the Praefectus Urbi was to
protect the city, exercising both executive and judicial power.
3. Vigiles of Rome – Began as fire fighter, granted with law
enforcement responsibilities and patrolled Rome’s streets day and
night. They were considered as a civil police force designed to
protect citizens.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
1285, A.D. THE STATUTE OF WINCHESTER (ENGLAND)
- Was enacted to establish a rudimentary criminal justice system in
which most of the responsibility for law enforcement remained with the
people themselves. The statute established the following:
1. The Watch (Watching Midnight) and Ward (Guard) act;
2. Hue and Cry System;
3. Parish Constable became primary urban law enforcement agent in
England; and
4. All males kept weapons in their home for maintaining public peace.
1720’s JONATHAN WILD (ENGLAND)
- He was a buckle maker and a brothel operator and a master criminal
who became the London’s most effective criminal investigator.
- He was the most famous thief catcher in 1720’s.
- He conceived the idea of charging of fee for locating and returning
stolen property to their rightful owners (Manwong, 2004)
1749, HENRY FIELDING
He founded the Bow Street Runners.
- This was called London’s first professional police force (originally
numbered just eight) and was considered as the foundation of all
modern police forces.
1753, JOHN FIELDING
- As a younger half-brother of Henry Fielding, he was appointed as
Henry’s personal assistant in 1750. He also helped Henry to root out
corruption and improve the competence of those engage in
administering justice in London.
- He also introduced the practice of developing informants, printing
wanted notices, employing criminal raids, and bearing firearms and
handcuffs.
- The blind John was known as the “Blind Beak” and allegedly abled to
recognize 3,000 criminals by the sounds of their voices (Eduardo,
2008, Notes in Law Enforcement Administration).
1811, EUGENE “FRANCOIS” VIDOCQ (FRANCE)
- He established a squad of ex-convicts to aid the Paris Police in
investigating crimes.
- He worked under the theory of “Set a thief to catch a thief”.
- He was credited as the founder of Brigada La Surete, the France’s
National Detective Organization and was considered as the Father of
Modern Criminology in the French Police Department.
- He was also regarded as the first private detective (Eduardo, 2008,
Notes in Law Enforcement Administration p.5)
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Dr. Edmon Locard
- Edmond Locard published L’ Enquete Criminelle et les Methodes
Scientifique in 1920.
- He was also a pioneer on forensic science and became known as the
Sherlock Holmes of France.
- He formulated the basic principle of forensic science: “Every contact
leaves a trace”. This became known as “Locard’s Exchange Principle”.
(Eldridge, 2011)
1829, SIR ROBERT PEEL (LONDON)
- British statesman established the London Metropolitan Police Force
(LMPF), which became the world’s first modern organized police force.
- Police are often referred to as “Bobbies or Peelers” after Sir Robert
(Bobby) Peel. The primary role of the police in Britain was to keep the
Queen’s Peace, which continues to the present days.
- The great contributions of Sir Robert Peel led people to regard him the
father of modern Policing.
- His most memorable principle was “the police are the public, and the
public are the police” (Eduardo, 2008, Notes in Law Enforcement
Administration, p7).
1835, TEXAS RANGERS
- It was organized as the first law enforcement agency with statewide
investigative authority.
- This is the forerunner of the Federal bureau of Investigation (FBI).
1839, WILLIAM HENRY FOX TALBOT
- Explained his photographic process to the Royal Society of London.
- This year was known as the birth of Photography.
1851, BOSTON, MASSACHUSETTS, USA
- Multi-suspect identification line-up was employed for the first time.
1856, KATE WAYNE (U.S.A)
- She was the first woman detective in the history of criminal
investigation.
- She was hired by the Pinkerton Agency.
1866, THOMAS BYRNES (U.S.A)
- He founded the criminal “modus operandi”. This is a Latin phrase,
approximately translated as “Method of Operation”.
1882, ALPHONSE BETILLON (FRANCE)
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- Introduced the first systematic identification system based on the
Anthropological measurement (Anthropometry or Bertillon system).
1892, FRANCIS GALTON (ENGLAND)
- He is an English man who published his study on classifying
fingerprints and recognized the uniqueness of the fingerprints to be
used as evidence against a suspect.
1953, PAUL LENARD KIRK
- A chemist and forensic scientist is most known for his work on blood
spatter evidence.
- He applied this expertise on bloodstain pattern analysis to the Sam
Sheppard homicide case.
1986, ENGLAND
- Deoxyribonucleic Acid (DNA) typing was first used to solve a crime.
1818 – 1884, ALLAN PINKERTON
- Being engaged in business as a barrel maker in 1846, He captured a
gang of counterfeiters and was consequently elected as a country
sheriff.
- In 1850, He organized the Pinkerton’s National Detective Agency and
was appointed as the first city detective in Chicago.
1847 – 1915, DR. HANS GROSS
- He was the earliest advocator of criminal investigation as a science.
- He is also recognized today as the Father of Criminalistics/Forensic
Science.
1859 – 1930, DR. ARTHUR C. DOYLE
- He is a British physician, novelist and detective-story writer, Dr. Arthur
C. Doyle is best known as the creator of the character of master sleuth
Sherlock Holmes.
- The characterization of Holmes, particularly his ability of ingenious
deductive reasoning, was based on one of Conan Doyle’s own
university professors (Vicente, 2014 Manual on Criminal Investigation).
DR. ALEC JOHN JEFFREYS
- He was used DNA fingerprinting and profiling to identify Colin Pitchfork
as the murderer of two young girls in the English midlands.
FLAVIANO GUERRERO
- One of the founder of the NBI, under Pres. Manuel Quezon.
- He is the only Filipino member of the United States Federal Bureau of
Investigation (NBI Website, 2014).
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
TAKE NOTE: The evolution of criminal investigation is closely similar with
the historical development of criminaltics.
Module 2
CRIMINAL INVESTIGATION
WHAT IS INVESTIGATION?
- Is the act or process of investigating or the condition of being
investigated.
- The PNP Criminal Investigation Manual defines investigation as the
process of inquiring, eliciting, soliciting and getting vital information,
facts and circumstances in order to establish the truth.
WHAT IS CRIMINAL INVESTIGATION
- Is defined as the collection and analysis of facts/truths about persons,
things, places that are subjects of a crime to identify the guilty party,
locate the whereabouts of the guilty party, ad provide admissible
pieces of evidence to establish in the guilt of parties involved in crime
(Cael & Agas, 2000).
- It is the logical, objective and legal inquiry involving a possible criminal
activity. The result of the inquiry, if successful, will answer 5 W’s and 1
H questions.
THREE ELEMENTS OF CRIME
1. MOTIVE – Is the moving power or force which compels a person to
commit acts towards a definite result. Generally, it is immaterial in
incurring criminal liability; it is intent which us material.
2. OPPORTUNITY – Is the chance or time given to the offender in
committing the crime.
3. INSTRUMENTALITY/CAPABILITY – It involves the use of materials
and other means which are essential in the commission of the
crime.
THREE PHASES OF CRIMINAL INVESTIGATION
1. The criminal is identified
2. The criminal is traced, located and arrested.
3. The fact or evidence to prove his/her guilt is gathered for
introduction during trial.
GOALS OF CRIMINAL INVESTIGATION
1. To determine whether a crime has been committed.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
2. To legally obtain information or evidence.
3. To identify persons involved.
4. To arrest suspects.
5. To recover stolen properties.
6. To present the best possible case to the prosecutor.
MODES OF INVESTIGATION
1. REACTIVE MODE – of investigation addresses crimes that already
happened or occurred.
2. PRO-ACTIVE MODE – of investigation identifies and arrests suspects
before crime will happen. It is designed to catch a criminal in the act of
committing a crime rather than waiting until a crime is reported by
concerned citizen.
THE GOLDEN HOUR IN CRIME INVESTIGATION
- The “Golden Hour” in crime investigation refers to the first 72 hours of
a murder or kidnapping/abduction investigation (PNP, 2001).
IS INVESTIGATION AN ART OR A SCIENCE?
- Investigation is a mixture of an art and science.
- Investigation is a science there are certain rules that should be
followed to conduct a successful investigation and because the pure
and applied sciences play an increasingly important role in
investigation
- Investigation as an art considered as an art because it is not
governed by rigid rules or fixed legal procedures but most often based
on intuition (logic an tested knowledge, immediate
learning/consciousness) and sometimes by chance.
- It was Dr. Hans Gross who said that criminal investigation is 95%
perspiration, 3% inspiration, and 2% luck. This means that
investigators should not only depend on inspiration or luck or else they
fail 95% in their investigation. 100% effort must be exerted because
inspiration or luck may never come in this way (Garcia, 2004).
TOOLS OF INVESTIGATION
- The following are the tools of an investigator in gathering facts, which
are also commonly known as the Three (3) I’s of investigation (PNP,
2011).
1. INFORMATION – This refers to the data gathered by an investigator
from either regular or cultivated sources including the victims
themselves, and from:
a. Public records
b. Private records
c. Modus operandi files
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
d. Arrest records
e. Rogue gallery
2. INTERVIEW – This refers to the skilful questioning of suspects and
witnesses believed to possess knowledge that is of official interest to
the investigator.
3. INSTRUMENTATION – This refers to the use of forensic technology as
a tool in the examination of physical evidence using established
methods.
CRIMINAL INVESTIGATOR
- Refers to the person who performs an investigation.
- It is also known as prober and is considered as the superstar in the
process of investigation. (Cael & Agas, 2000).
ROLES OF CRIMINAL INVESTIGATOR
1. Determine whether a crime has been committed.
2. Identify the victim/s and the offender
3. Locate and apprehend the offender
4. Present evidence of guilt for the offender/s
5. Assist in case follow-up (De Vera, 2008)
CHARACTERISTICS OF COMPETENT CRIMINAL INVESTIGATOR
1. PERSEVERANCE – It refers to the steadfastness, persistence and
resolution to bring the desired conclusion in spite of obstacles
connected with criminal investigation.
2. ENDURANCE - This is the ability of the investigator to last physically
and mentally hence he/she must have the extraordinary physical and
mental energy, enduring sleepless nights and tiresome days.
3. INCORRUPTIBLE HONESTY AND INTEGRITY – This refers to the
degree of honesty and integrity of the investigator on several
temptation over money that are offered to affect the investigation.
Women and drinks are tricks of temptations.
4. INTELLIGENCE AND WISDOM OF SOLOMON – This is very
important in order that the investigator could easily decipher falsehood
from truth and separate the grain from the chaff.
5. ACTING ACTIVITY – It refers to the ability of the investigator in
stooping down to the level of a minor, the prostitute or the slum
dwellers, professionals or other members of the elite during the
investigation process.
6. ORAL AND WRITTEN COMMUNICATION – Every investigator should
have a basic knowledge on both oral and written communication in
probing a certain issue in order that he/she will not suffer setback in
getting the accurate facts information. This includes the use of
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
appropriate words in making a report and writing observations and
descriptions of places, things and events.
7. OBSERVATION AND DESCRIPTION – The investigator should be a
keen observer and knows how to accurately describe anything. This is
important in crime scene investigation and in conducting an interview
and interrogation.
8. COURAGE – it is the moral fortitude of the investigator to tell the truth
irrespective of who gets hurt.
9. KNOWLEDGE ON LAWS – The investigator should have basic
knowledge on legal matters concerning investigation.
10. THE POWER TO “READ BETWEEN LINES” – This refers to the
ability of the investigator to interpret the words or phrases
encountered in the process of investigation into their deeper meaning
in order to arrive with a concrete meaning of a certain statement.
11. TECHNICAL KNOWLEDGE – This refers to the investigators
capability of defense tactics, use of firearms and the like. In many
occasions, he/she will be alone in confronting, arresting, bringing to
headquarters and interrogating the suspect (Garcia, 2004).
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Module 3
INTERVIEW AND INTERROGATION
“The RIGHT person asking the RIGHT question to RIGHT person at the RIGHT
place and the RIGHT time will get RIGHT answer”.
A. INTERVIEW
- It is the simple questioning of a person believed to possess
information, which are relevant to the investigation of a crime or on
criminal activities.
- In an interview, the interviewee is willing and cooperative with the
person conducting the interview.
GENERAL KINDS OF INTERVIEW
1. COGNITIVE INTERVIEW
- This is conducted to willing and cooperative witnesses, where they are
given the full opportunity to narrate their accounts without
intervention, interruption and interference from the interviewer.
- After the subject finished his/her narration, the investigator now
subject him/her to style of direct examination and cross-examination.
To clarify the unexplained portion to arrive at a vivid and complete
picture of the testimony.
2. QUESTION AND ANSWER
- This interview as practiced by some investigators require the
interviewee to answer the question posed by the investigator.
- The interviewee is required ti answer on what he/she knows about
what is being asked.
GOLDEN RULE IN INTERVIEW
“NEVER ALLOW THE INTERVIEWER TO CONDUCT NOR LET ANYONE TO
CONDUCT AN INTERVIEW WITHOUT PRIOR VISIT TO THE CRIME SCENE”
QUALITIES OF A GOOD INTERVIEWER
1. RAPPORT
- It refers to the good relation between the interviewer and the
interviewee, which is conducive to a fruitful result.
- The interviewer must be in a respectable civilian attire because, most
often and the majority of people, the police uniforms is barrier in
establishing good rapport.
2. FORCEFUL PERSONALITY
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- The appearance of the interviewer and other qualities such as skills of
communication techniques or the force of language are the mainstays
of the strength of his character.
- He/she must be understanding, sympathetic and without showing
official arrogance, vulgarity of expressions and air superiority.
3. KNOWLEDGE ON PSYCHOLOGY/PSYCHIATRY
- This will help the interviewer determine the personality and
intelligence of the subject;
- He/she must go down and up to the level of understanding of his/her
particular subject.
4. CONVERSATIONAL TONE OF VOICE
- Investigator’s tone of voice must be conversational, not confrontational
as in interrogation.
5. ACTING QUALITIES
- He/she must possess the qualities of an actor, salesman and
psychologist and know how to use the power of persuasion.
- This is done to convince the person to disclose what he/she knows
about the issue being investigated.
6. HUMILITY
- He/she must be courteous, sympathetic and humble, ready to ask
apologies for the inconvenience of the interview.
- This is usually done at the end of the interview that may give a good
impression to the person being interviewed (Garcia, 2004).
REASON WHY WITNESSES REFUSE TO TESTIFY
1. FEAR OF REPRISAL
- Witnesses who lack the courage to face the suspect, his associate or
relatives always entertain the fear of reprisal.
- This is natural, especially those who have no means to protect
themselves, or no influential persons for them to rely on.
- The investigator must remove these fears from the mind of his/her
witnesses either by offering protection or by the explanation that
unless the suspect is not put behind bars, the fear will not disappear.
- The investigator’s power of persuasion plays a vital role.
2. GREAT INCONVINIENCE
- On the part of those of hands-to-mouth existence there is the real
inconvenience, which will deprive them the time to earn for their living
especially during the ordeal of testifying during the trial.
- To those unemployed, the inconvenience is greater thus the
investigator must sincerely help them through his/her contacts with
the business community.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
3. HATRED AGAINST THE POLICE
- This hatred maybe due to previous bad experience with rogue
members of the police organization.
- The investigator must show the difference between him/her and the
rogue policeman by honest and sincere entertainment of the complaint
against the rogue cops.
4. BECAUSE OF BIAS OF WITNESS
- The witness maybe an acquaintance, friend, helper, or benefactor of
the suspect.
- All of these and other relationship of the witness to the suspect must
be explored so than an intelligent approach is properly applied.
5. AVOIDANCE OF PUBLICITY
- There are witnesses who are shy and they avoid publicity that will
bring discomfort to their ordinary or obscure way of living.
6. FAMILY RESTRICTION
- Some famous and respected families preserve their reputation by
imparting to their members the need of the approval of their elders on
matters affecting their families.
PHASES OF INTERVIEW
1. PREPARATION
- Investigator must review the facts at the crime scene and information
from other sources in order that he/she would be ready for the
questioning.
2. APPROACH
- This is done through investigator’s careful selection of the kind of
approach to use, which maybe a single kind, a combination of two or
the application of all techniques.
3. WARMING UP
- This is done by preliminary or exploratory questions to clear the
atmosphere and promote a conducive place for cordiality, respect and
trust for each other.
4. COGNITIVE INTERVIEW
- This is performed by allowing or already asking now the subject to
narrate his/her account without interruption, intervention or
interference.
- It is only after the completion of the uninterrupted narration that the
investigator begins the direct and cross-examinations (Garcia, 2004).
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
RULES IN QUESTIONING
1. ONE QUESTION AT A TIME
- Multiple, complex and legalistic questions should be avoided. One
question at a time is desired.
2. AVOID IMPLIED ANSWER
- The nod of the head or any other body language as a response to the
questions should be avoided.
- The answer must be oral, clear, obvious and responsive to the
questions.
3. SIMPLICITY OF QUESTION
- A short simple question at a time is required.
- Avoid legalistic questions such as: who is the murderer; or who are in
conspiracy with the subject.
4. SAVING FACE
- Embarrassing questions on the subject on matters of exaggeration or
honest errors about time, distance and description can be avoided if
the investigator will cooperate with the subject “to save face”.
- The investigator should not fault or mock the subject on these matters.
5. YES AND NO ANSWER
- Do not ask question which could be answered by yes or no only.
- It will curtail the complete flow of information and will lead to
inaccuracy. (Sadili & Pena, 1998).
TYPES OF WITNESSES
1. KNOW-NOTHING TYPE
- This is reluctant type of witness.
- It is found among the uneducated and of low level of intelligence.
- The technique to be applied is to be with their level of intelligence and
by interrogation.
2. DISINTERESTED TYPE
- This refers to an uncooperative and indifferent subject.
- To deal with this type is to find out his/her field of interest so that
he/she will talk.
- His/her indifference should be demolished to stimulate interest or be
flattered instead.
3. THE DRUKEN TYPE
- The style of questioning by the investigator should be adapted to the
psychology of the subject.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- When the drunken subject has sobered, another interview will
conducted, confronting him/her about disclosure while in the state of
drunkenness.
4. TALKATIVE TYPE
- This is a witness who is prone to exaggerate, adding irrelevant or new
matters to their narration.
- The skilful investigator could remove unnecessary matters from the
relevant ones.
5. HONEST WITNESS
- This is the truthful and cooperative witness where the investigator
could rely upon with the little or no problem in handling them.
6. DECEITFUL WITNESS
- This is a liar type of witness.
- Let him lie and order later to repeat several times the narration.
He/she will be trapped in contradiction.
7. TIMID WITNESS
- This is a shy witness.
- The approach must be friendly and reassuring confidentiality of the
information.
8. REFUSAL TO TALK WITNESS
- This is the most difficult subject to deal with.
- Find out the reason of his/her personality such as: trauma, shock, fear,
hatred, and others.
- Remove these chains of silence so that he/she will start talking (Garcia,
2004).
B. INTERROGATION
- It is the vigorous and confrontational questioning of a reluctant suspect
about his/her participation in the commission of crime.
- It is confrontational in the sense that the investigator places the guilt
on the accused.
- This process could also be applied to an uncooperative or recalcitrant
suspect/witness.
- It is one of the most difficult but most interesting phases of criminal
investigation and detection.
- It is a challenging battle of wit between the investigator and the
suspect.
GOALS OF INTERROGATION
1. To find out the truth about the crime.
2. To obtain an admission confession of guilt from the suspect
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
3. To gain all facts in order to determine the method of operation or
modus operandi and the circumstances of the crime in question
4. To collect information that guides investigators to arrive at a logical
conclusion
WHAT IS THE MAIN PURPOSE OF INTERROGATION?
- The main intention of interrogation is to obtain confession or admission
from the suspect and to learn relevant information from uncooperative
witness.
- When the accused confessed to the commission of a crime, he/she
accepts the facts constituting the offense but if he/ she interposes self-
defense or other exculpatory grounds, then the acknowledgement is
not a confession but admission (Dalilis & Pagnas, 2003).
Confession Admission
[Link] is declaration of the person 1. There is a statement of the
(accused); person (accused);
2. The accused acknowledged guilt 2. The person only agreed on facts
from the commission of a crime; or circumstances of the crime;
3. Guilt is admitted. 3. There is no acceptance of guilt.
KINDS OF CONFESSION
1. EXTRA JUDICIAL CONFESSION.
- It is a confession that is made by the suspect during custodial
investigation or those confessions that are made outside of the Court.
SEC 3, RULE 133, RULES OF COURT STATED THAT:
"Extra judicial confession is not sufficient ground for conviction: An extra
judicial confession made by an accused, shall not be sufficient ground for
conviction, unless corroborated by evidence of corpus delicti-body of the
crime.”
- The reason for the above rule is to guard the accused against
conviction based upon false confession of guilt. It is possible that a
person might have confessed his/her guilt regarding an offense which
someone has committed and when asked of his/her victim of the
nature of the injuries inflicted by him/her, it does not match with the
identity or nature of the injuries, received by the victim.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
TYPES OF EXTRA-JUDICIAL CONFESSION
A. VOLUNTARY EXTRA-JUDICIAL CONFESSION.
- The confession is voluntary when the accused speaks of free will and
accord without inducement of any kind, with a full and complete
knowledge of the nature and the consequence of the confession.
- And when the speaking is so free from influences affecting the will of
the accused, at the time the confession was made that it renders it
admissible in evidence against him.
B. INVOLUNTARY EXTRA-JUDICIAL CONFESSION.
- This confession obtained through force, threat, intimidation, duress or
anything influencing the voluntary act of the confessor. (CBSI Editorial
Staff, 1999).
NOTE: Confessions obtained from the defendant by means of force or
intimidation/violence is null and void, and cannot be used against him/her
during trial (Doctrine of Poisonous Tree).
2. JUDICIAL CONFESSION.
- This confession is made by the accused in open court.
- The plea of quilt maybe made during arraignment or any stage of the
proceedings where the accused changes plea of not guilty to guilty.
- This is conclusive upon the court and may be considered to be a
mitigating ciecumstances to criminal liability.
- A plea of guilty when formally entered on arraignment is sufficient to
sustain conviction of any offense, even a capital one, without further
proof (CBSI Editorial Staff, 1999).
SEC. 2, RULE 129, RULES OF COURT AFFIRMED THAT?
“Judicial admission is made by the party in the pleadings, or in the course of
the trial or other proceedings do not require proof and cannot be
contradicted unless previously shown to have been made through palpable
mistake."
TECHNIQUES OF INTERROGATION
1. EMOTIONAL APPEAL.
- This is a technique whereby the investigator, combining the skills of an
actor and a psychologist, addresses the suspect with an emotional
appeal to confess.
- This is applicable to first time offenders or those who are of the
emotional type of characteristics displayed by nervousness or
emotional disturbances.
- Devotees of a religion may belong to this type.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
2. SYMPATHETIC APPROACH.
- The investigator, in his/her preliminary or probing questions must dig
deep into the past troubles, difficulty and unfortunate events in the life
of the suspect.
- An offer of help, kindness, friendliness, may win his cooperation.
3. FRIENDLINESS.
- A friendly approach coupled with a posture of sincerity may encourage
the suspect to confess.
-
4. TRICK AND BLUFF TECHNIQUES:
a. PRETENSE OF SOLID EVIDENCE.
- The Investigator bluffs the suspect that even if he/she will not confess,
there is enough evidence to send him/her to jail.
- If confession is made, the investigator will see to it that his/her prison
term will be within the range of probation.
b. WEAKEST LINK
- Among the suspects, there must be a careful selection of who among
them is the weakest link where the interrogation will begin.
- By tricks and bluffs, this weakest link will be told that his/her
companions had already confessed and that this weakest link had
dealt the fatal blow or that he received the lion share of the loot in
order to intrigue him.
c. DRAMA
- The weakest link maybe used to fake pain and agony by ordering
him/her to shout, accompanied by banging a chair on the wall to make
it appear that a commotion is going on.
- The other suspects’ rooms must hear the drama before telling them
that their partner had confessed.
d. PRETENDING CONTACT WITH FAMILY MEMBERS.
- The could be tricked that the investigator had gone to the residence
and the family members had supplied facts against the suspect.
- The suspect's family will be dragged suspect.
e. LINE UP.
- The complainant, witness or victim is requested to point positively to
the suspect in the police line-up.
- The witnesses' victims or complainant are coached about the identity
of the suspect.
f. REVERSE LINE UP.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- The suspect is placed among other persons in a line up and he/she is
identified by several complainants and witnesses who will associate
the suspect in other several crimes.
- This will cause the suspect to become desperate and confess only to
the case under investigation, to avoid from being charged on false
accusations (Garcia, 2004).
g. STERN APPROACH.
- The investigator displays a stern (demands immediate response)
personality towards the suspect by using the following methods:
1. JOLTING.
- In the questioning process, the investigator selects the right moment
to shout a pertinent question in an apparent righteous outrage.
- The suspect's nerves will break to a confession.
2. OPPORTUNITY TO LIE.
- The suspect is given all the opportunities to lie.
- The suspect is questioned about his/her personal life, family, friends
and his/her knowledge about the complainant and witnesses.
- Then the suspect is questioned about his/her activity prior, during and
after the commission of the crime.
- This is repeated many times, to include the investigator focusing
questions about the knowledge of the suspect of the crime.
- The suspect will be caught in contradictions, which is now capitalized
by the investigator to get the truth from the suspect.
- If possible, the interrogation must be taped recorded for purposes of
emphasis during the confrontation of contradiction.
h. MUTT AND JEFF OR SWEET AND SOUR METHOD.
- The first set of investigators must appear to be rough, mean and
dangerous.
- When they had finished the interrogation, the second investigator
intervenes by stopping the first set of investigators.
- By being sympathetic and understanding, he/she begins his
interrogation.
- If the suspect still refuses to cooperate, then the process is repeated
until there is a confession (Mitchell, 2002).
i. REMOVING THE ETHNIC OR CULTURAL BARRIER.
- If the suspect is an "Ifugao" (person from Ifugao Province), then
preferably, an Ifugao investigator is recommended to interrogate him,
the same with other ethnic or cultural groups.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- It is a Filipino's way of life that people put trust and confidence to those
who belong to their clan or tribe.
- The interrogation must be in the language or dialect of the suspect to
get his confidence. This is removing the dialect/language barrier.
j. SEARCHING FOR THE SOFT SPOT.
- In every man's heart, there is always that softest spot.
- The heart may have been hardened to steel by poverty, destitution,
hopelessness, despair, apathy, indifference, injustice, hatred or other
factors, yet there is always that spot which could be discovered by the
investigator through his/her knowledge of human behavior.
- That spots maybe the youngest child, the wife, the mother, and the
brother who acted as his father, the grandparents or the best friend.
- Once discovered, there must be a face-to face meeting with that
special person and that heart of steel will melt to pieces.
- This technique is not only used during interrogation but also during
crisis management in hostage situations.
5. RATIONALIZATION.
- It is the use of reasons, which is acceptable to the subject that led to
the commission of the crime.
- Thus, it may be said that sometimes, killing is a necessity rather than
by purpose or design.
- Robbery is maybe a necessity to feed a starving family.
- The application of this technique depends upon the nature of the
crime.
6. PROJECTION.
- It is the process of putting the blame to other persons, not alone to the
suspect.
- The murderer may blame the mastermind for corrupting him/her with
big sums of money or the mastermind blaming the greediness of the
victim or the husband blaming the wife for her unfaithfulness.
- Or that it is a necessary evil as the victim is planning to kill the
suspect.
7. MINIMIZATION.
- It is the act of minimizing the liability of the suspect.
- The investigator convinces the suspect that a confession will reduce
the offense and the penalty.
- Thus, the investigator could study it if there is a way to downgrade
murder to homicide or the introduction of mitigating circumstances
with the result of the penalty being within the range of probation
(Garcia, 2004).
APPARENT SIGNS OF DECEPTION
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- The following unusual situation posed by the subject during the
interrogation must be observed by the investigator:
1. EXCESSIVE SWEATING.
- The profuse sweating indicates tension, anxiety, shock or fear.
Extreme nervousness is also the cause of sweating.
2. CHANGE OF FACIAL COLOR.
- Anger is indicated if the face is blushing.
- It is also the result of extreme nervousness or embarrassment.
- It is necessary as a sign of deception or guilt.
- A pale face is a reliable indicator of guilt or deception.
3. DRY MOUTH.
- This is a sign of great tension and is a reliable symptom of deception.
- Swallowing, constant movement of the Adam's apple and sweating of
the lips are indications of dryness of the mouth.
4. EXCESSIVE BREATHING.
- An effort to control breathing during the critical questioning is an
indication of deception.
- Gasping of breath is the ultimate result of the control in breathing.
5. INCREASE OF PULSE BEAT.
- When observed at the side of the neck, the investigator has to discover
the increase of pulse beat which is indicative of deception.
6. AVOIDANCE OF DIRECT EYE CONTACT.
- This may indicate guilt or deception.
- Misty or teary eyes indicate remorse of repentance (Dalilis & Pagnas,
2003).
Module 4
ARREST
- The term "arrest" came from the Latin word (arrestare which means
cause to stop and restare which means stay behindy.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- This term was used as early as the 14th century.
WHAT IS ARREST?
- Arrest is the taking of a person into custody in order that he/she may
be bound to answer for the commission of an offense (Sec. 1, Rule 113,
Rules of Court).
HOW IS ARREST MADE?
- An arrest is made by an actual restraint of a person to be arrested or
by his/her submission to the custody of the person making the arrest
(Sec. 2, Rule 113, Rules of Court).
TWO MODES OF ARREST
- The two modes of arrest are the following:
1. Arrest by virtue of a warrant;
2. Arrest without a warrant under exceptional circumstances as may be
provided by the statute (Sec. 5, Rule 113, Rules of Court).
1. THE WARRANT OF ARREST
- Arrest Warrant is an order in writing issued in the name of the People
of the Philippines signed by a judge directed to a peace officer,
commanding him/her to arrest the person designated and take him
into custody of the law in order that he/she may be bound to answer
for the commission of an offense.
ESSENTIAL REQUISITES OF A VALID WARRANT OF ARREST
1. It must be issued upon probable cause which may be determined
personally by a judge after examination unde oath or affirmation of the
complainant and the witnesses he may produce;
2. The warrant must particularly describe the person to be seized.
WHAT IS PROBABLE CAUSE?
- Probable cause refers to the evidence that warrants a person of
reasonable caution in the belief that a crime was committed.
WHAT IS JOHN DOE WARRANT?
- John Doe Warrant is a warrant containing no specific person to be
arrested but only descriptions based on the testimonies of the victim/s
or the witnesses.
- It contains the physical description of the accused as well as other
factors to be considered for the identification of the accused (Sadili, &
Pena, 1998).
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- John Doe Warrant is also known as Richard Doe and/or Jane Doe
Warrant.
IS THERE AN ALIAS WARRANT?
- Yes. Alias warrant refers to the warrant of arrest issued by a judge to
the peace officer after returning the original warrant of arrest after the
lapse of the (10-day validity period.
WHO IS A WARRANT OFFICER?
- It is any authorized member from the law enforcement agency usually
from the Philippine National Police (PNP) or National Bureau of
Investigation (NBI) who holds a warrant for execution within 10 days
from receipt subject to renewal in case of failure to execute the same.
WHO MAY ISSUE A WARRANT OF ARREST?
- The general rule on who is authorized to issue warrant of arrest is the
judge of any competent court in the Philippines.
DUTIES OF AN ARRESTING OFFICER
- As provided under Section 3 of Rule 113, the arresting officer has two
primary duties:
1. While arresting the accused/suspect, the arresting officer should inform
the cause of arrest and of the fact that a warrant had been issued to the
arrested person; and
2. Any police officer making a lawful arrest should take the person arrested
without unnecessary delay and deliver him/ her to the nearest police station
or jail.
In case of Warrantless Arrest, it is the inherent duty of the arresting officer to
detain the person/respondent and file the proper information within the
specified time as provided under Article 125 of RPC which has been
amended by Executive Order No. 272 on July, 25 1987.
Take Note: It is not the physical delivery of the person that is required
under the law. What is legally required is filing the information against the
arrested person in the proper court where the judge has the authority to
issue an order of release of confinement.
EXECUTIVE ORDER NO. 272 AMENDED ARTICLE 125 OF THE RPC
- (Delay in the delivery of detained persons to proper judicial
authorities). It extended the period authorized to detain a person prior
to delivery to the judicial authority.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- The law requires a police officer to detain a person for some legal
ground and file the appropriate information to the proper judicial
authority within the following periods and conditions:
Periods of Delivering a Person to proper Judicial Authority (Art. 125,
Revised Penal Code I):
Time Penalties
12 hours Light penalties and their equivalent
18 hours Correctional penalties and their equivalent
36 hours Afflictive/Capital penalties and their equivalent
EXECUTION OF WARRANT OF ARREST
- The head of office to whom the warrant of arrest wa delivered for
execution shall cause the warrant to be execute -within 10 days from
its receipt.
- Within 10 days after the expiration of the period, the office to whom it
was assigned for execution shall make a report to the judge who
issued the warrant.
- In case of failure to execute the warrant, he/she shall state the reasons
therefor (Sec. 4, Rule 11: Rules of Court).
- Even if not served within the statutory period of (10 days), warrant of
arrest remains valid. It remains valid unless:
a. The warrant was recalled by the issuing court;
b. The respondent was already arrested;
c. The respondent voluntarily submitted himself/herself to
NOTE: A warrant of arrest has NO expiry date. It remains valid unt arrest is
effected or warrant is lifted.
2. THE WARRANTLESS ARREST
- As a general rule, it is a requisite that warrant should be issued in the
name of the person to be arrested.
- Any peace officer who arrests a person without warrant may be liable
under Article 125 of the Revised Penal Code (Arbitrary Detention).
- The following are the situations in which a police officer may arrest a
person without warrant based on (Rule 113, Section 5, Rules of Court):
a. When, in his/her presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
b. When an offense has in fact just been committed and he has probable
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it
(Doctrine of Hot Pursuit).
HOT PURSUIT (also termed in US as Fresh Pursuit)
- It shall mean an immediate, recent chase or follow-up without material
interval for the purpose of taking into custody any person wanted by
virtue of a warrant or one suspected to have committed a recent
offense while fleeing from one police jurisdiction to another,
necessitating the pursuing.
c. When the person to be arrested is an escapee. Those who escaped
from any penal establishment or place where they are serving final
judgment or are temporarily confined while their cases are pending. or
has escaped while being transferred from one confinement to another
may be arrested by any peace officer or private person without
warrant.
d. When the right is validly waived. This is when the person arrested
consented to the arrest, despite no warrant showed; the person is
willing to be taken into custody.
e. When an accused who was released on bail attempts to depart from
the Philippines without prior permission of the court where the case is
pending (Sec. 23, Rule 114, Rules of Court).
f. Violent Insanity.
g. Ailment requiring compulsory confinement in a hospital.
Module 5
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
SEARCH AND SEIZURE
- The word "search" was derived from the Anglo-Norman word
"searcher," old French cerchier which means "to explore," and Latin
word "circare" which means "go around in circles.
WHAT IS SEARCH?
- As used in criminal investigation, it is the act of examining persons
documents, papers and effects.
WHAT IS SEARCH WARRANT?
- Search Warrant is an order in writing issued in the name of the People
of the Philippines, signed by the judge and directed to a peace officer
commanding him/her to search for personal property and bring it
before the court (Sec. 1, Rule 1126, Rules of Court).
WHERE IS A SEARCH WARRANT BE SECURED?
- The following are the areas where to secure a search warrant:
1. Any court within whose territorial jurisdiction a crime was committed
2. For compelling reasons stated in the application, any court within the
judicial region where the crime was committed if the place of the
commission of the crime is known, or any court within the judicial
region where the warrant shall be enforced.
3. However, if the criminal action was already filed, the application shall
only be made in the court where the criminal action is pending based
on Sec. 2, Rule 126, Rules of Court (Talplacido, 2009).
WHAT ARE THE REQUISITE BEFORE A SEARCH WARRANT IS ISSUED?
- A search warrant shall not be issued, except:
1. Probable cause exists in connection with one specific offense;
2. Presence of probable cause is determined personally by the judge after
an examination;
3. The judge must have personally examined, in the form of searching
questions and answers, the applicant and his witnesses and taken
down their written depositions;
4. The search warrant must particularly describe or identify the property
to be seized as far as the circumstances will ordinarily allow;
5. The warrant issued must particularly describe the place to be searched
and the persons or things to be seized;
6. It warrant shall be issued only for one specific purpose; and
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
7. It must not have been issued more than 10 days prior to the search
made pursuant thereto based from sec. 4, Rule 126, Rules of Court
(Talplacido, 2009).
WHO SHOULD WITNESS A SEARCH?
- No search of a house, room, or any other premise shall be made
except in the presence of any of the following:
1. The legal occupant thereof;
2. Any member of his/her family;
3. In the absence of the latter, two witnesses of sufficient age and
discretion residing in the same locality according to sec 8, Rule 126,
Revised Rules of Court (Reyes, 2001).
WHAT ARE THE PERSONAL PROPERTIES TO BE SEIZED?
- The following are the objects of search to be seized:
1. Subject of the offense;
2. Stolen or embezzled and other proceeds, or fruits of the offense; or
3. Used or intended to be used as the means of committing an offense
(Sec. 3, Rule 126, Revised Rules of Court).
INSTANCES OF WARRANTLESS SEARCHES
- Similar to that of the "warrantless arrest," the general rule in searching
a person is that, a warrant should be issued and presented to the
person concerned before a search is done.
- However, any peace officer may, without search warrant, search a
person, or a person's belongings and premises in the following
instances:
1. SEARCH INCIDENTAL TO A LAWFUL ARREST
- This is legally accepted provided that the search is contemporaneous
to the arrest and within the permissible area.
- A person lawfully arrested may be searched for dangerous weapons or
anything, which may be used as proof of the commission of an offense,
without a search warrant.
2. SEARCH IN VIOLATION OF TARIFF AND CUSTOM LAWS
- The search involves illegal entry of "smuggled goods" in our country
that may affect the local businesses especially the small time
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
businessmen. The search is usually conducted by the officers and
agents of the Bureau of Customs.
3. PLAIN VIEW DOCTRINE SEARCH
- Under the plain view doctrine, police officers can seize articles Or
objects which unintentionally come to their view without exerting any
effort and which object is incriminatory to the accused.
- Based from decisions of trial courts, the doctrine includes the five
senses of an individual to detect violations of law.
4. SEARCH OF MOVING VEHICLES
- The search of moving vehicles is popularly called as "check points."
- This instance of warrantless search cannot be done anytime.
- The "checkpoints" must be done during "abnormal times" when the
public welfare is at stake.
- Thus, every vehicle that passes the certain checkpoint can be searched
without a search warrant
5. INSPECTION OF BUILDINGS FOR FIRE AND SANITARY
REGULATIONS
- Inspectors of a certain building for the purpose of maintaining
sanitation, fire and building regulations are required to enter every
building as well as every room necessary to be inspected without
arming themselves with a search warrant.
6. CONSENTED SEARCH
- If the person submitted himself/herself voluntarily to a search, it is
valid because he consented to the search.
- The consent however, should not have been secured through
intimidation or threat.
7. FRISK SEARCH
- Terry vs. Ohio established that officers can - conduct a pat down of an
individual they stopped if they believe the person is armed and
dangerous.
- This is a protective search for weapons only.
INEVITABLE-DISCOVERY DOCTRINE VS. GOOD-FAITH DOCTRINE
1. The Inevitable-discovery Doctrine Inevitable Discovery Rule
- States that evidence obtained illegally may be admissible in a criminal
trial if the prosecutor proves by a preponderance of the evidence that
the challenged evidence "ultimately or inevitably would have been
discovered by lawful means." (Nix v. William, 467 U.S. 431 1984).
2. The Good-faith Doctrine
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- In general, evidence obtained by a police officer in reasonable reliance
on a search warrant that is subsequently found invalid may be
admissible United States v. Leon, 468 U.S. 897 (1984).
- It is necessary that a reasonably well-trained officer would have
believed that the warrant was valid.
- This has come to be known as the "good faith" or Leon exception to
the exclusionary rule. Many states, however, have rejected this
exception.
TYPES OF SEARCH AFTER ARRESTING A SUSPECT:
- According to King-eo (2008), the following are the types of search after
arresting a suspect:
1. WALL SEARCH.
- The initial purpose of this search is to put the suspect in an "off-
balanced position".
- This is the safest type of search; it does not necessarily require a wall.
Any object that can support the weight of the suspect (such as a car)
can be used.
2. STANDING SEARCH.
- This is done by instructing the subject to raise his hands above or
behind his/her head with feet spread apart as far as possible.
- In some situations, this is not recommended because some suspects
could still maintain their balance.
3. KNEELING SEARCH.
- This requires the suspect to kneel on the ground with hands raised
over or behind his/her head.
- Note that some suspects could still make counter actions against the
arresting officer even if they are assuming this position.
4. PRONE SEARCH
- The suspect in this search lies on his stomach with arms and legs
outstretched.
- One disadvantage of this search is that the suspect's frontal area
cannot be searched properly.
- This type of search can be dangerous if the subject has knowledge in
judo, aikido and other similar forms of defense tactics.
Using of Handcuff
- Handcuffs are the best method of restraint if it is applied properly; it is
good preventive measure but if improperly applied it could be
dangerous (King-eo, 2008).
Module 6
CRIMINAL EVIDENCE
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
EVIDENCE
- It is the means, sanctioned by these rules, of ascertaining in a judicial
proceeding the truth respecting a matter of fact (Sec 1, Rule 128,
Rules of Court).
- It also refers to any material which tends to persuade the court of the
truth or probability of some facts asserted before it.
- It is the means by which any alleged matter of fact, the truth of which
is submitted to investigation, is established or disproved
TYPES OF EVIDENCE IN CRIMINAL INVESTIGATION
1. PHYSICAL (ALSO KNOWN AS OBJECT AUTOPTIC, OR REAL
EVIDENCE)
- These are physical objects used as evidence which are obtained
through searches at the scene of the crime.
- It is not limited to that which is known through the sense of vision but
is extended to what the sense of hearing, taste, smell and touched.
- On the investigator's viewpoint, the following are the different types of
physical evidence:
a. CORPUS DELICTI EVIDENCE.
- This refers to (objects or substances which may be part of the body of
the crime.
- The body of the victim, prohibited drugs recovered from a person,
dagger with blood stains or fingerprints of the suspect, stolen motor
vehicle identified by plate number and by body or engine serial
number are examples of corpus delicti evidence.
b. ASSOCIATIVE EVIDENCE
- These are (pieces of physical evidence which link a person to a crime.
- The offender may leave clues at the scene such as weapon, tools,
garments, fingerprints or foot impression.
- Broken headlights glass found at the crime scene in "hit in run"
homicide may be associated with the car found in the repair shop.
- Wearing apparel of the offender and other articles of value may be
recovered where the crime of rape was committed.
c. TRACING EVIDENCE.
- These refers to evidence that may assist the investigator in locating
the suspect.
- Aircraft of manifest, physician's clinic record showing medical
treatment of suspect for injuries sustained in an encounter, blood
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
stains recovered from the area traversed by the wounded suspect infer
direction of the movement are examples of tracing evidence.
2. TESTIMONIAL EVIDENCE.
- This is the product of interview and interrogation from which witness'
smell, hear, taste and touch are being described through oral and
written testimony.
- Testimonial evidence also includes the testimony of a physician who
may be commanded to appear before a court as an ordinary witness
and/or as an expert witness:
a. ORDINARY WITNESS.
- Any person who (perceived the commission of a crime and testified
before the court is just considered as an ordinary witness.
- Also, a physician who testified in court on matters he/she perceived
from his/her patient in the course of physician-patient relationship is
considered as an ordinary witness.
- Under Sec. 30, Rule 130, Rules of Court, a witness can testify only to
those facts which he/she knows of his/her own knowledge; that is
which are derived from his/her own perception, except as otherwise
provided on this rule.
b. EXPERT WITNESS.
- A person is deemed as an expert witness if his/her testimony
concerning the investigation of crime is based on his/her training and
experience.
- For example, a physician who confirmed before the court the cause of
death of the victim is considered as an expert witness.
3. DOCUMENTARY EVIDENCE
- It refers to writings, including official records, or contents "could speak
for themselves" when read by the investigators and the court.
- They may be collected through voluntary relinquishment or by a
Subpoena Duces Tecum (court order) which compels the party to bring
the records to the court. The following are some examples of
documentary evidence:
a. Medical Certification or Report on:
1. Medical Examination
2. Physical Examination
3. Necropsy (Autopsy)
4. Laboratory
5. Exhumation
6. Birth
7. Death
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
b. Medical Expert Opinion
- Medicolegal Expert
c. Deposition
- A deposition is a written record of evidence given orally and
transcribed in writing in the form of questions by the investigator and
the answer of the deponent and signed by the latter (Garcia, 2004),
LEGAL CLASSIFICATION OF EVIDENCE
- The following are the legal classifications of evidence based on Sec. 1,
Art. 128 of the Rules of Court:
I. DEPENDING ON ITS ABILITY TO ESTABLISH THE FACT IN
DISPUTE, EVIDENCE MAY BE:
1. DIRECT EVIDENCE.
- This proves the fact in dispute without the aid of any inference or
presumption. The evidence presented corresponds to the precise or
actual point at issue.
2. CIRCUMSTANTIAL EVIDENCE.
- The proof of fact or facts from which, taken either singly or collectively,
the existence of a particular fact in dispute may be inferred as a
necessary or probable consequence.
- However, the following requisites must be present before a
circumstantial evidence will become sufficient for conviction:
a. There is more than one circumstance;
b. The facts from which the inferences are derived are proven; and
c. The combination of all the circumstances is such as to produce a
conviction beyond reasonable doubt (Sec. 4, Rule 123, Rules of Court).
II. DEPENDING ON THE DEGREE OF ITS VALUE IN ESTABLISHING A
DISPUTED FACT, EVIDENCE MAY BE:
1. PRIMA FACIE EVIDENCE.
- This evidence suffices for the proof of a particular fact until
contradicted by other evidence.
2. CONCLUSIVE EVIDENCE.
- This evidence is unquestionable or one which the law does not allow to
be contradicted.
- It is an insurmountable evidence.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
3. CORROBORATIVE EVIDENCE.
- This evidence is of different kind and character as that already given
and tends to prove the same proposition. 2 objects = 1 evidence
4. CUMULATIVE EVIDENCE.
- This evidence is of the same kind and character as that already given
and tends to prove the same proposition. 2 evidence = 1 object.
III. DEPENDING ON ITS WEIGHT AND ACCEPTABILITY, EVIDENCE
MAY BE:
1. PRIMARY OR BEST EVIDENCE.
- This evidence affords the greatest certainty of the fact in question.
2. SECONDARY OR SUBSTITUTIONARY EVIDENCE.
- This evidence is inferior to primary evidence and admissible only in the
absence of the latter.
IV. DEPENDING ON ITS NATURE, EVIDENCE MAY:
1. OBJECT EVIDENCE.
- This evidence is addressed to the senses of the court and is capable of
being exhibited to be examined or viewed by the court.
2. DOCUMENTARY EVIDENCE.
- This refers to an evidence supplied by written instruments or derived
from conventional symbols and letters by which ideas are represented
for material substances.
3. TESTIMONIAL EVIDENCE.
- This evidence is either verbal or oral.
- It is an evidence which consists of the narration or deposition by one
who observed or has personal knowledge of that to which he/she is
testifying.
4. POSITIVE EVIDENCE.
- This evidence exists if the witness affirms that a fact did or did not
occur.
- It is entitled to greater weight since the witness represents his/her
personal knowledge about the presence or absence of a fact.
5. NEGATIVE EVIDENCE.
- This evidence exists if the witness states the he/she did not see or
know of the occurrence of a fact and there is total disclaimer of
personal knowledge.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
V. DEPENDING ON ITS QUALITY, EVIDENCE MAY BE:
1. RELEVANT EVIDENCE.
- Evidence is relevant if it has relation to the fact in issue as to induce
belief in its existence or non-existence.
2. MATERIAL EVIDENCE.
- This evidence tends to prove the fact in issue, and is determined by
the rules of substantive law or the rules of court.
3. ADMISSIBLE EVIDENCE.
- Evidence is admissible if it is relevant to the issue and is not excluded
by the Rules of Court.
4. CREDIBLE EVIDENCE.
- Evidence is credible if it is not only admissible evidence but also
believable and used by the court in deciding cases (Sec. 1, Art. 128,
Rules of Court
COLLECTING, MARKING, TAGGING, AND PRESERVING EVIDENCE
- In the process of investigation, the responding team members should
be knowledgeable on the proper actions to be done on specific kinds of
evidence found in the scene of the crime.
- To give you some information on the proper methods, the following
must be observed:
A. COLLECTING PHYSICAL EVIDENCE
- All items that were found in the crime scene should be collected.
- The collecting officer should not decide whether a certain item is
relevant or irrelevant.
- Small pieces of evidence also must have to be given importance, thus
collecting them is necessary.
1. BLOOD.
- This becomes important evidence in homicide, assaults, robberies or
other cases where it may be spilled.
- Blood may be categorized into major groups of A, B, AB, and O
depending on the condition of the stain on receipt.
COLLECTION OF LIQUID BLOOD
a. Use clean, disposable pipette or eyedropper for each sample collected.
b. Place the sample in a container, avoiding air space because air will
cause the blood to dry.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
c. If the amount of blood is minimal, collection may best be made by
placing the sample in a normal saline solution (1 tablespoon salt in 1
quart of distilled water).
d. Refrigerate sample in saline solution as soon as possible.
e. Do not mix areas where samples are collected.
f. Above all, avoid contaminating the samples by re-using collection
tools.
COLLECTION OF DRIED BLOOD
a. On absorbent surfaces, bring in the entire object or cut out the stained
area and bring to the laboratory.
b. On non-absorbent surfaces, scrape up the sample and place it in a
container, or if possible submit the entire article.
c. If sample is scraped from a surface, also scrape a portion of the
surface where no blood is present and submit it in a separate container
for control in case some substance on the surface causes difficulty in
tests.
COLLECTION OF WET BLOOD ON CLOTHING
a. Do not fold the clothing as it may destroy the stain pattern.
b. Do not package while the stain is still wet.
c. Allow the clothing to dry in a room before packaging.
d. Do not expose to sunlight or high temperature, as they may destroy
factors which will determine blood typing.
2. HAIR.
- This may be found anywhere in the crime scene.
- It is often found on the clothing of the victim and suspect who has
come into physical contact with each other.
- It can be very important evidence especially in rape cases.
- In most cases, there are rarely enough samples present for positive
identification of an individual.
- However, it can be determined if the hair is of animal or human,
whether the hair is dyed or bleached, if the hair is from the head or
body as well as the racial origin of hair.
COLLECTION OF HAIR
a. Take sample of head hair from the top, the back and each side of
the head.
b. Take by combing, pulling or cutting close to it.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
c. Take a least dozen hair from each location. In rape cases, take
two samples from both the victims and the suspect. The first is
taken by combing, and the second is by cutting and pulling.
d. Each of these samples should be collected in separate containers
and properly labeled.
e. Identify hair carefully as to exact location found.
f. Do not mix hair found in several locations. g. Place the hair in
folded paper and put it in an envelope in glass vial and seal.
g. Do not tape the hair to an object as it will alter the hair and
destroys any debris adhering to it.
3. FINGERNAIL SCRAPING.
- In cases where physical contact had been made, fingernail scraping
should be obtained.
- Rape cases or assault cases are good examples of cases where
fingernail scrapings may be important.
- Items sometimes found under fingernails include fibers, hair, and skin
which may be typed for its blood group.
COLLECTION OF FINGERNAIL
a. Clean under each fingernail with a clean fingernail file.
b. Place the scraping from each finger on already labelled paper
with notation of which finger it came from.
c. Place the scrapings from each finger in a separate envelope or
glass vial.
d. Fingernail scrapings should be obtained from both the victim and
the suspect.
e. If the subject's hand is contaminated with blood, note this on the
container.
4. FIBER.
- This is an excellent tracing evidence when clothing cross
contamination takes place.
- This is also important evidence in robbery and hit and run cases.
- Fiber may be found on clothing snagged on projections, and even
imbedded with vehicle paint.
- Examination of fiber determines whether it is a natural or a synthetic
material, and the color and dye used.
- It may be physically matched if the fragment was torn from clothing.
Threads may be examined to determine twist, number of strands and
cloth weave.
COLLECTION OF FIBER
a. Treat and package fibers in the same manner as hair
b. Be extremely careful not to cross contaminate during the
collection process.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
c. Collect the clothing which is considered to be the source of the
fibers.
d. Do not shake the items as this may dislodge the fibers.
5. GLASS.
- This can be important evidence in robberies and hit and run cases.
- It may be found as trace evidence in clothing and shoes.
- Glass is usually examined to determine if both the evidence sample
and the known standard has the same physical properties and trace
elements as impurities Additional examinations can be made to
determine from which side force was applied.
- Glass, broken by fire shows a different pattern because the breaking is
induced by differences in expansion of glass.
- Physical match of glass from the crime scene to glass found in
suspect's possession is good possibility.
COLLECTION OF GLASS
a. Collect from each broken glass at the crime scene
b. Package them individually in glass vials or envelopes.
c. In hit and run cases, collect all broken glasses to insure the
possibility of a physical match, should fragments be found on
suspect's vehicle.
6. FIREARM.
- The firearm, bullet, shotgun shell, shotgun pellet and wad, explosive
residue and gun powder pattern can provide vital evidence and
specific answers to possible questions in the case.
COLLECTION OF FIREARM
a. Firearm must be handled carefully, not only as a safety measure,
but to avoid disturbing any evidence they may provide.
b. They must be properly marked for later identification.
c. Never insert anything in the barrel as it may damage the
identifying characteristics and dislodge material which may be
inside the barrel.
d. Pick up the weapon by the trigger guard or checkered grip so as
not to disturb any fingerprints.
e. Unload but do not wipe or clean the weapon.
f. When unloading, carefully record the location of fired, unfired
and misfired cartridge.
g. Record the serial number description of the firearm.
h. Firearm with no serial number should be marked with initials on
the receiver or the underside of the barrel.
i. Never use "X" or other non-individual type of marking.
j. Do not mark the weapon on any easily removable part such as
the stock or grip.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
k. Use discretion so as not to disfigure the weapon
DON'TS IN THE COLLECTION OF FIREARM EVIDENCE
a. Never submit a loaded gun to the Laboratory, unless it is delivered in
person. Unfired cartridges may be left in the magazine of a weapon,
provided the magazine is removed from the gun. A firearm with the
cartridge in the chamber should never be shipped by any method,
even if the weapon is not cocked or on safety.
b. Never clean the bore, chamber, or cylinder before submitting a
firearm, and never attempt to fire the gun before it is examined in the
Laboratory.
c. Never pick up a weapon by placing a pencil or other object in the end
of the barrel.
d. Record serial number, make, model, and caliber of the weapon, and
mark it in some inconspicuous manner that does not detract from its
value before sending it to the Laboratory. Marking firearms is
important since duplicate serial numbers are sometimes found on
different guns of the same make and general type. Do not confuse
model numbers or patent numbers with serial numbers.
e. Place weapons in strong cardboard or wooden boxes, well packed, to
prevent shifting of guns in transit.
f. Rifles or shotguns should not be taken apart.
g. If blood or any other material, which may pertain to an investigation is
present on the gun, place a clean paper around the gun and seal it
with tape to prevent movement of the gun and loss of the sample
during shipment.
h. Never contaminate the gun for the examination of latent fingerprint on
it. (WPD Investigator’s Handbook, 2006)
7. BULLET.
- This can provide information about the make and type of ammunition
and weapon from which the bullet was fired, and whether or not it was
fired from specific weapon, provided the weapon is available for test
purposes.
COLLECTION OF BULLET
a. Handle the bullet so as not to dislodge any extraneous materials
or damage the markings.
b. If a bullet is lodged in wood or similar material, cut out the
section and bring it to the laboratory.
c. In autopsies, request the use of hands or rubber-tipped forceps
to minimize the possibility of damage to the bullet.
d. Wrap each bullet separately in tissue in cotton to prevent
damage and place in a container.
8. CARTRIDGE CASE.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- This can also provide vital information as to the type of weapon used,
the type of ammunition, and whether or not the case was fired in a
specific weapon (if weapon is available for fire testing).
COLLECTION OF CARTRIDGE CASE
a. Handle cartridge cases so as not to add any scratches or marks.
b. Wrap each one separately to prevent damage.
c. Be sure to note specific locations in which each was found
(Montojo, 2007).
B. MARKING OF PHYSICAL EVIDENCE
- As evidence is collected, it is individually marked with the initials of the
investigator.
- The marking tool depends upon the nature of the evidence.
- If it is a hard object such as metals, the initial are scratched or
engraved by the use of sharp-pointed steel called stylus.
GENERAL RULES IN MARKING PHYSICAL EVIDENCE
a. Mark with initials of recovering officer.
b. Never use "X".
c. Record any serial number (if applicable) and other distinctive mark.
d. Mark the object without damage.
e. Always mark the container in which the object is placed even if object
itself is already marked.
f. When tags are used, make corresponding entry in the tag and attach it
securely to the object (WPD Investigator's Handbook, 2006).
METHODS OF MARKING SPECIFIC EVIDENCE
- The following pieces of evidence must be marked as follows:
1. REVOLVERS
- It must be marked separately on the barrel, frame, butt, cylinder, and
stock.
- Tape should also be put around the bore and the frame of the gun with
signature of the investigator.
2. PISTOLS
- It must be marked on the barrel frame butt magazine, and stock
- Tape must also be put around the gun with signature to avoid
changing the parts of the gun that may affect the result of laboratory
examination.
3. RIFLES
- It should be marked on the barrel, frame, magazine, bolt or slide.
- All magazines and accessories shall also be marked.
4. FIRED EMPTY SHELLS, MISFIRED CARTRIDGES.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- Strict regulations say that they must be marked inside the mouth of
fired empty shells.
- It is nearly impossible to mark them inside the mouth especially 22
caliber shells, but they could be marked on the side of the body of the
shell, not on the base.
5. Bullets/ Slugs/ Balls/ Pellets.
- This can be marked on the ogive or nose as well as on the base.
- The initial name of the Investigator and/ or date should be marked on
those parts so that the rifling marks (land and grooves marks) found in
the bullet or slug will not be disturbed because they are very important
for ballistic examination (WPD Investigator's Handbook, 2006).
NOTE: Not all evidence is suitable for marking. Marking of evidence is
required depending on the type of evidence, size, and condition of the
evidence found at the crime scene.
C. TAGGING EVIDENCE
- When evidence which by their nature could not be marked on each
surface such as blood, hairs, or fibers, they are placed in the plastic
container then marked.
- This practice is called tagging the physical evidence with the use of a
card where the initials of the investigator, date and time of collection,
specific case and other information can be written.
D. Preserving Physical Evidence
- Perishable materials should be preserved along the way or the
preservation is in order to reach the court in the same physical
condition as when they were collected from the crime scene.
- This is the work of a laboratory technician.
OTHER POTENTIAL PIECES OF EVIDENCE
1. SOIL.
- This consists of organic natural materials such as rocks, minerals and
decomposing plant, and may also contain man-made materials such as
bricks, concrete glass, or paint.
- The densities of soil samples are analyzed via chemicals that separate
the particles that comprise the soil, if pattern of separation is similar, it
indicates a match this common scientific technique of analyzing soil is
called the density gradient tube.
2. PAINT.
- It is a pigmented polymer that is applied and adheres to various
surfaces.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- It is possible to examine microscopically the color and shape of paint
strips or other samples, as well as to determine through the use of gas
chromatography.
3. TOOL MARK.
- It is any mark that is created when an instrument has contact with
another surface.
- The mark left by the tool may indicate the type of tool, the size of tool
and even the skill of the perpetrator.
4. A. SHOE PRINTS, IMPRESSIONS & TIRE TRACKS.
- The shoe prints are created when material from the bottom of shoes is
transferred to another surface, leaving an outline of the bottom of the
shoe.
- Shoe impressions and tire tracks are often left in soft material, such as
mud, snow and reveal the outline of the shoe or tire.
5. VIDEOTAPE EVIDENCE.
- This is potentially extremely powerful form of evidence.
- If a crime is captured on video, there may be little doubt about whe
committed the crime.
6. DENTAL EVIDENCE.
- The two primary forms of dental evidence is dental identification and
bite marks.
- In both instances the fact that individual has a unique set of teeth in
terms of form, arrangement, dental work, and bite, makes dental
evidence powerful form of criminal evidence.
7. FINGERPRINTS.
- These consist of ridges, depression and separations.
- These remain unchanged and consistent throughout lifetime; each
fingerprint is unique and fingerprint cannot be forged. According to
Dutelle (2014), the three distinct types of prints found at the crime
scene are:
a. PLASTIC FINGERPRINTS
- These are type of fingerprint formed if the fingers come in contact with
a soft material such as soap, wet putty, wet cement, wet paint, dust, or
melted wax. a ridge impression may left sufficient for performing a
comparison.
b. PATENT FINGERPRINTS
- These are easily identifiable as fingerprints by the unassisted eye.
- Fingers that have been in contact with a colored material such as
toner, ink, blood, paint, oil or chocolate leave visible prints.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
c. LATENT PRINTS,
- It is the most common type, which requires additional processing to be
rendered visible and suitable for comparison.
- Processing of the latent prints is accomplished through development,
enhancement, or visualization appropriate for the type of surface upon
which the prints repose.
8. COMPUTER AND OTHER ELECTRONIC EVIDENCE.
- Computers, cellular phones, and personal digital assistants may
provide a wealth of information regarding communications, schedules
and criminal behaviors and therefore are potentially valuable sources
of evidence in criminal investigations.
- Examination of electronic hardware is quite technical in nature and, if
not properly performed, can result in lost evidence (Dutelle, 2014).
CHAIN OF CUSTODY
- It refers to the number of persons who handled and possessed the
pieces of evidence the moment that they were collected, marked and
tagged, up to the time of the final disposition of the case.
RULE ON THE CHAIN OF CUSTODY OF EVIDENCE
- Chain of Custody is of paramount importance to any investigation.
- It is the unbroken sequence of events that is caused by an item of
evidence from the time it is found at the crime scene to the time it
appears in court.
- Every link in this chain is documented, from discovery at the crime
scene, through evidence gathering, storage, lab analysis, return to
storage, and transfer to court.
- Every link is documented by date, time, handling individual, what was
done with the evidence by that individual.
- If chain of custody is broken, and if the evidence cannot be accounted
in one step of its journey from crime scene to court room, it is
rendered inadmissible; useless to the case (Solis, 1987).
TRADITIONAL METHODS OF PRESERVING EVIDENCE AND CRIME
SCENE
- The following are the various means of preserving evidence:
1. PHOTOGRAPHS, AUDIO AND/OR VIDEO TAPE, MICRO-FILM,
PHOTOSTAT, XEROX, VOICE TRACING ETC.
- Photography is considered to be the most practical, useful and reliable
means of preservation due to the following reasons:
a. Photo-camera is available in many places.
b. The object preserved is reduced in size in the picture proportionately
with other objects adjacent or near to it.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
c. An unlimited number of copies can be reproduced, each of which is
identical to one another.
2. SKETCHING.
- If there's no scientific apparatus to preserve evidence is available then
a rough drawing of the scene or object to be preserved is done.
- It must be simple, identifying significant items and with exact
measurement.
3. DESCRIPTION.
- It is done by putting into words the person or thing to be preserved.
- Describing a thing requires keen observation and a good power of
attention, perception, intelligence and experience.
- It must cause a vivid impression on the mind of the reader, a true
picture of the thing described.
- The use of Portrait Parle may be used.
PORTRAIT PARLE (SPOKEN PICTURE).
- This refers to verbal, accurate and picturesque description of the
person identified. Such information may be given by the witness,
relatives, or other persons who are acquainted with the physical
features of the person to be identified.
- The following basic requirements must be included in the verbal
- description:
1. General Impression: type, personality, apparent social status.
2. Age and sex
3. Race or color
4. Height
5. Weight
6. Built: thin, slender, medium or stout
7. Posture: erect, slouching, round shoulder
8. Head: size and shape
9. Hair: color, length, baldness
10. Face: General impression (see figure 1)
a. Forehead: high, low, bulging or receding
b. Eyebrows: brushy or thin, shape (see figure 2)
c. Mustache: length, color, shape
d. Ears: size, shape, size of lobe, angle of set
e. Eyes: small, medium or large; color; eyeglasses (see figure 3)
f. Cheeks: high, low or prominent medium cheek bones flat or sunken.
g. Nose: short, medium or big; or long; straight, aquiline o flat or pug
(see figure 4)
h. Mouth: wide, small or medium; general impression
i. Lips: shape; thickness; color
j. Teeth: shade, condition, defect; missing elements
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
k. Chin: size, shape, general impression
l. Jaw: length, shape, lean, heavy or medium
11. Neck: shape, thickness, length; Adam's apple
12. Shoulder: width and shape
13. Wrist: size and shape
14. Hands: length, size, hair, condition of the palms
15. Fingers: length, thickness, stains, shape of nails, condition of the
nails
16. Arms: long, medium or short; muscular, normal or thin, thickness
of the twist
17. Feet: size and deformities
Figure 1. Different Shapes of Face
[Link]
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Figure 2. Different Shape of Eyebrow
[Link]
Figure 3. Different Shape of Eyes
[Link]
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Figure 4. Different Shape of Nose
[Link]
4. MANIKIN METHOD.
- This makes use of a miniature model of a scene or of a human body
indicating marks of the various aspects of the things to be preserved.
- An anatomical model or statuette may be used and injuries are
indicated with their appropriate legends.
- Although it may not indicate the full detail of the injury, it is quite
impressive to the viewer as to the nature and severity of the trauma.
5. PRESERVATION IN THE MIND OF THE WITNESS.
- A person who perceived something relevant for proper adjudication of
a case may be a witness in court if he/she has the power to transmit to
others what he/she perceived.
- He/she would just have to make a recital of his/she collection.
- Principal drawbacks or preserving evidence in the mind of the witness
are:
a. The capacity of a person to remember time, place and event may
be destroyed or modified by the length of time, age of the witness,
confusion with other evidences, trauma or disease, thereby making
the recollection not available.
b. The preservation is co-terminus with the life of the witness. If the
witness dies, then the evidence is lost.
c. Human mind can easily be subjected to too many extraneous
factors that may cause distortion of the truth. Other persons may
influence a witness to serve the interest of another or state
untruthful facts to justify an ends (Solis, 1987).
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Module 7
KEY PRINCIPLES IN CRIMINAL INVESTIGATION
BASIC ELEMENTS OF CRIMINAL INVESTIGATION
1ST ELEMENT: RECOGNITION
- It involves the efforts of identifying data, including physical things that
may provide relevant information regarding the criminal case being
investigated.
2ND ELEMENT: COLLECTION
- Refers to the act of gathering those identified data or facts, or physical
things that are significant to the case under investigation.
3RD ELEMENT: PRESERVATION
- It is a function that is almost simultaneously performed during the
collection stage.
- It includes the act of keeping the collected pieces of evidence in their
true and original form, preventing contamination or destruction of their
substantive value.
4TH ELEMENT: EVALUATION
- Refers to the process of determining the probative value of evidence.
- Probative value refers to the strength of the evidence or its
worth/weight in successfully establishing a proof that a crime has in
fact been committed and that the suspect/accused is the one who is
responsible for it.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
5TH ELEMENT: PRESENTATION
- It is primarily manifested in the courtroom.
- The investigator, with the help of the prosecutor, must be able to
present facts and information in a very simple and convenient manner
in order to convince the court and other parties involved in the
criminal case about the validity and truthfulness of the evidence they
are trying to prove or establish (Weston & Wells, 1997).
CARDINAL POINTS OF CRIMINAL INVESTIGATION
- Based to Manwong 2004, investigation must seek to establish the six
(6) cardinal points of investigation, namely: WHAT – specific offense
was committed; HOW – the offense was committed; WHEN – it was
committed; WHERE - it was committed; WHY - it was committed; and
WHO – were the involved persons. The 5W’s and 1H.
PATTERN, LEADS, TIPS AND THEORIES
- These are components of the investigation process that enable
investigators to learn and understand the facts of the occurrence with
which they are dealing.
PATTERN
- These are series of similarities that may link particular cases or
indicate that the same person is committing a series of crimes.
LEADS
- These are the clues or pieces of information that aid in the progress of
an investigation.
TIPS
- These are leads provided by the citizens that aid in the progress of an
investigation.
THEORIES
- It pertains to beliefs regarding the basic on the evidence patterns,
leads, tips, and other information developed and uncover in the case.
THE GOLDEN RULES IN CRIMINAL INVESTIGATION
“NEVER TOUCH, ALTER, MOVE, OR TRANSFER ANY OBJECT AT THE SCENE
UNLESS IT IS PROPERLY MARKED, MEASURED, SKETCH AND/OR
PHOTOGRAPH”
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- The purpose of this rule is to avoid the mutilation, alteration, and
contamination (MAC) of the pieces of physical evidence found at the
crime scene (Garcia, 2004).
CRIME SCENE INVESTIGATION
CRIME SCENE
- It is a place or venue where the alleged crime, incident or event has
been committed (PNP, 2011).
- It is said to be the “treasure island” in criminal investigation.
- It is the venue or place where essential ingredients of the criminal act
took place.
CRIME SCENE INVESTIGATION
- It refers to the post-incident police operational procedures undertaken
at the crime scene when a crime has been committed.
- It refers to a comprehensive inquiry of a crime scene by conducting
systematic procedure of various investigative methodologies which
involve recovery of physical evidence and testimonial evidence for the
purpose of identifying the witnesses, and arrest of perpetrator/s for
prosecution.
- The initial actions taken at the crime scene by the first responders, the
investigator, and the Scene of the Crime operation (SOCO) team
members at the outset of investigation are of such vital importance
that often times their actions determine the outcome of the
investigation.
TYPES OF CRIME SCENE
- The following are different types of crime scenes according to time of
commission, location and source of evidence.
a. ACCORDING TO TIME OF COMMISSION
1. Day time crime scene – from sunrise to sunset (6:00 A.M to 6:00
P.M)
2. Night time crime scene – from sunset to sunrise (6:00P.M to
6:00A.M)
b. ACCORDING TO LOCATION
1. Indoor Crime Scenes
- Affords the crime scene protection from weather
- Allows investigators to take time and process the scene in a slow and
methodical manner, without concern for weather influences.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
2. Outdoor Crime Scene
- Most valuable to weather condition
- Presents the most problems
3. Continuing/Mixed Crime Scene
- From indoor to outdoor or vice versa
4. Special Location
- Example include vessel, vehicle, air plane, drum, septic tank, etc.
- The most difficult to handle because of its nature
- Mostly needs special support resources to process.
c. ACCORDING TO SOURCE OF EVIDENCE
a. Primary Crime Scene
- Investigation usually begins where the body is originally found
b. Secondary Crime Scenes
- Where the victim was confined
- Where the assault initially took place
- Route to and from primary crime scene
- Method used to transport the victim (vehicles, air plane, vessels etc.)
- Any place where evidence is located
PROCEDURES TO BE FOLLOWED IF CRIME INCIDENT IS REPORTED
- If a report of a crime incident is received, the identity of the person
who reported is noted, to include his/her address, personal
circumstances and possibly contact number.
- Further, responding officers shall take note of the following:
1. THE MEANS OF THE REPORT – This is either personal appearance,
by phone or any other means.
2. THE TIME OF THE REPORT – The exact time of the report, the hour
and the minute should be recorded.
3. THE RECEIVER OF THE REPORT – The identity of the one who
received the report.
4. THE TIME OF DISPATCH – The time when the desk officer dispatch
the investigator/s should also be recorded, together with the names of
the investigator, with the means of transportation used, either by
mobile car, taxi or other means.
- All above facts together with the time of arrival at the crime scene will
form part of the investigation report to be submitted by the
investigator.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
DUTIES OF CRIME SCENE RESPONDERS
- The following are the specific assigned responsibilities of crime scene
responders:
1. TEAM LEADER (OFFICER – IN – CHARGE) – The one who directs the
processing of the crime scene.
2. ASSISTANT TEAM LEADER – The one who implements or executes
the order/s coming from his/her superiors.
3. PHOTOGRAPHER – The one who takes photograph of all pieces of
evidence that are relevant to the crime committed.
4. SKETCHER – The one who makes sketches of the immediate
background and inside the scene of the crime.
5. MASTER NOTE TAKER – The one who writes down in short hand all
observations at the crime scene such as: weather condition, time of
dispatch and time of arrival at the scene and other relevant data that
should be noted.
6. EVIDENCE MAN – The one in charge in the collection, preservation,
tagging of the articles of evidence found at the crime scene.
7. MEASURER – The one who makes all relevant measurements of the
scene such as: distance of the body of the victim to the firearm used;
in motor vehicle collision, the distances of the two vehicles to the
points of references.
8. SECURITY – They are tasked to protect the crime scene before, during
and immediately after release of the crime scene.
9. DRIVER – This refers to any personnel assigned to operate the mobile
car during response.
EQUIPMENT IN CRIME SCENE RESPONDING
1. SEARCHING TOOLS – Like flashlight, magnifier, etc.
2. SKETCHING INSTRUMENTS
A. MEASURING DEVICES – Like compass, steel tape, and ruler, etc.
B. RECORDING MATERIAL – Like chalk, graphing paper, sketching
pad, clipboard, paperboard, etc.
C. COLLECTION OF EVIDENCE – Such as cutting fliers, knife, screw
device, dropper, forceps, fingerprinting equipment, etc.
3. PRESSERVING MATERIALS
A. CONTAINER – Like bottles, envelopes, test tubes, pins, thumbtacks,
etc.
B. LABEL AND SEAL – (Evidence tags) – like gummed labels, sealing
wax, grease pencil, etc.
CONTAMINATION CONTROL
- Once the crime scene team is confident of the scene scope, the team
should act to further isolate the crime scene.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- Initial perimeters are often a single barrier, leaving little if any defense
between the crime scene and the on-lookers.
SINGLE BARRIER PERIMETER
- A single barrier is fine for initial purposes. It does not provide a
sufficient defense for long term scene effort.
MULTI-LEVEL CONTAINMENT
- It involves two barriers which creates three areas of access.
- This keep support police out of the actual scene and other at a safe
distance.
1. INNER SCENE – It is the actual crime scene, where only authorized
investigators and crime scene technicians operate.
2. WORKING AREA – It is an area surrounding the inner scene, where
other support police may enter, and equipment is staged and
evidence is brought to.
3. OUTER AREA – It is everything on the outside of the second barrier,
where on-lookers, media and other may gather.
CRIME SCENE TEAM APPROACH
1. BY AREA – Single group of investigators is responsible for all activity in
the scene.
2. BY FUNCTION – Specific groups are formed to handle different scene
processing aspects (e.g. photo team, sketch team, latent team).
INITIAL STEPS DURING CRIME SCENE RESPONSE
- The following must be observe by the first responder to a crime scene:
1. Record the date, arrival time and weather condition.
2. If an injured person is in the scene, arrange for medical attention,
identification and removal. The scene should not be disturbed only to
the extent necessary to have medical aid rendered to the injured or to
have a doctor examined a deceased victim. Each alteration should be
accurately recorded.
3. If the offender is at the scene, apprehend him.
4. If the scene is not fully protected, ensure its protection by using other
policemen or other responsible person to keep witnesses, suspects,
and victim/s who are present from disturbing the scene.
a. It may be necessary to re-route traffic, to prohibit employees from
entering their place of employment or to take other action to
prevent any disturbance of the scene until a complete examination
is made. The body of a deceased victim (if there is any) should not
be covered until thoroughly processed for evidence.
b. Early action is taken to protect items of possible evidentiary value
that may be destroyed by rain, fire or other cause before collection
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can be effected. For example a raincoat or piece of canvass may be
used to cover compression on the ground that is exposed to rain.
Items that will melt should be shielded from the sun or other heat
sources. Objects such as food and blood should be covered to
protect them from contamination.
5. Determine and record the names of those persons at the scene who
may be witnesses and separate them. These persons shall be removed
from the immediate area of the scene as soon as practicable.
6. Conduct preliminary questioning of witnesses, suspects and victim/s to
determine in general the extent of the incident or crime (WPD
Investigator’s Handbook, 2006).
NOTE: Those present within the immediate area of the scene should only
be the minimum number needed to assist the investigator. It may be
necessary to request other policemen or officials present to retrain from
examining or disturbing objects of the scene.
CRIME SCENE INTEGRITY THREATS
- There are three basic threats the crime scene technician must
recognize and they are as follows:
1. ADDITIONAL OF MATERIAL – Investigators and others end up
creating evidence that didn’t exist. Addition includes:
a. Shoe prints
b. Fingerprints
c. Fibers and hairs
d. Cigarette butts
e. Pop cans
f. Coffee cups, etc.
2. DESTRUCTION OF MATERIAL – Investigators and others end up
destroying evidence or damaging its value. Destruction includes:
a. Compressed dust prints in avenues of approach
b. Bloodstains on the victims clothing
c. Compressed dew trails in outdoor scenes
d. Loss of evidence on the perimeter of the scene
e. Loss of hairs and fibers on the body.
3. MOVEMENT OF MATERIAL – Investigators and others end up moving
material in the scene changing its context. Movement includes the
following:
a. Weapon moved away from suicide victims
b. Lights turned on or doors and windows opened
c. Staging actions by relatives e.g. suicides or auto-erotic deaths
(Talplacido, 2009).
CRIME SCENE PROCESSING METHODOLOGY
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- Every investigator should remember that there is no single right way to
process a crime scene.
- Each scene is unique and each scene has its own challenges. There are
however basic key ingredients that make up a “good” processing
methodlogy.
STEP 1
- As the initial responder, the investigator must document information
that is presented to him/her.
a. Who contacted them?
b. What were they told of?
c. How did that individual come to know the information?
- Remember that the call you got isn't the call you get! Expect the
unexpected, but also know where the discrepancies began.
UPON NOTIFICATION THAT CRIME TRANSPIRED, FIRST RESPONDER
MUST PERFORM THE FOLLOWING:
P-proceed to the scene promptly and safely (ASAP);
R-render assistance to the injured party;
E-effect arrest of the criminal;
L-locate and identify witnesses;
I- interview complainant, victim, witnesses;
M-maintain the integrity of crime scene and protect evidences;
I- interrogates suspects if necessary;
N-note conditions, events and remarks;
A-arrange for collection of evidences;
R-report the entire incident fully and accurately; and
Y-yield responsibility to follow-up investigator of superior officer.
STEP 2: COORDINATION, ASSESSMENT AND TEAM CALLOUT
- Assess the situation. Is this "my" jurisdiction? How complex is the
scene? What are needed? Who are needed here?
- Assessment includes verifying the scene location; making note of
environmental conditions; and seeking out the initial responder.
STEP 3: CONDUCT INITIAL OBSERVATIONS
- Conduct an initial scan of the scene, specifically look for the central
theme items (primary focal points); victims; fragile evidence avenues
of entry or exit; secondary scenes. Act on fragile evidence
immediately, take action before it is lost.
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STEP 4: DEAL WITH THE DECEASED
- Check apparent deceased victims for signs of life.
- Identify anyone who may have already examined victims.
- Coordinate the ME Investigators examination.
- Make note of any actions taken during these examinations (ME or EMS)
that altered the body.
STEP 5: PHOTOGRAPH THE SCENE
- Once "life-saving" or death verifying is complete, the scene is stable,
with no further reason to violate or alter it.
- Photograph the scene as it is, with both still and video.
- Concentrate on photographs that let the viewer see the overall context
and conditions.
STEP 6: DOCUMENT OVERALL OBSERVATIONS
- Unlike the initial scan, this is an in-depth observation and description
of the scene.
- Requires a walk-through, but without altering anything, since sketching
and mapping have not been completed.
- Use an eight step descriptive set: quantity, item, color, type of
construction, approximate size, identifying features, condition and
location.
STEP 7: SKETCH THE SCENE
- Create a rough sketch of the scene that includes room and openings
with dimensions; furniture with dimensions; evidence items, with fixing
measurements and support the actual sketch with written notes of
measurements.
STEP 8: CONDUCT A FIRST RE-CHECK
- Up to this point all obvious evidence and scene features have been
noted, photographed and sketched.
- Visually re-check the scene to ensure that no items or critical
observations were overlooked.
STEP 9: RELEASE THE BODY
- Release the body from the scene to appropriate authorities.
- As it is moved examine the body, being sure to: document all surfaces
before post incident bleeding occurs (e.g. bleeding in a body bag);
check the body with an ALS for easily dislodged hairs, fibers or other
trace evidence; preserve fragile evidence by bagging exposed hands
or feet.
STEP 10: COLLECT THE EVIDENCE
- Collect all evidence items that were already located and documented.
Examine each item for additional trace evidence.
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- If necessary, take additional photographs to document close-up detail.
- Ensure each item is fully documented on an evidence custody form.
STEP 11: CONDUCT A SECOND CHECK
- All known evidence has been safely containerized and removed from
the scene.
- Second recheck involves far more intrusive actions including: Checking
surfaces with the ALS; fingerprinting walls and other scene surfaces;
and exploratory searches and movement of furniture.
- "Going back" is an integral part of the second rechecking as new
evidence may be discovered.
STEP 12: CONDUCT A THIRD CHECK
- Verify all areas of scene which were perhaps overlooked.
- Conduct rechecks until these are negative.
- This is a good time to review checklists.
- Conduct extremely intrusive actions like chemical enhancements of
floors, bullet trajectory analysis or bloodstain pattern analysis.
STEP 13: CHECK BEYOND THE SCENE
- Check the scene perimeter and outlying areas to ensure that no
secondary scenes were overlooked.
- Good time to follow blood trails, areas to ensure that no if present,
using both visual and chemical (e.g. luminol) techniques.
STEP 14: CONDUCT AN ON-SITE DEBRIEFING
- Before releasing the scene, spend a few moments with the entire team
reviewing and discussing the actions taken.
- Make sure that no assignments were forgotten or overlooked by the
team.
- Check individual documentation to ensure everyone is clear on
directions and other scene aspects. This prevents later contradictions.
STEP 15: RELEASE THE SCENE
- Release the scene to an appropriate individual.
- This can only be done after you are confident that all activities are
complete.
- The only way back is with an additional search warrant.
- Remember, if you are unsure, it only takes manpower to hold a scene.
STEP 16: PROCESS AND PACKAGE ALL EVIDENCE
- On-scene collection may require temporary evidence containers.
- Package all evidence for the long term as soon as practical, which may
include drying of bloody objects.
- Check evidence vouchers against scene documentation.
- If errors are noted, correct if possible and note any contradictions.
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STEP 17: CONDUCT A FORMAL DEBRIEFING
- The debriefing should involve all available parties including the ME
Investigator, initial responding officer, investigators and crime scene
technicians.
- Revisit basic information and actions taken.
- This briefing helps eliminate investigative "red herrings" and focus
investigative efforts (WPD Investigator's Handbook, 2006).
Module 8
CRIME SCENE DOCUMENTATION
- It helps the investigators to accurately recall events and to identify
items of evidence later in a court of law.
- Documentation serves as a valuable reference concerning the details
uncovered during the search and the thoroughness of the whole crime
scene processing
- Methods of recording the situation, conditions, and physical evidence
found at the crime scene include note-taking, sketching and
photograph/videography.
SIX IMPORTANT FORMS OF CS DOCUMENTATION:
- According to the Crime-Scene [Link] as cited in King-eo
(2008), the following are the six important forms of documentation:
1. ADMINISTRATIVE WORKSHEET.
- This is used in documenting major events, times and movements
relating to the search efforts.
- It is also appropriate in recording initial and continuing management
and administrative steps which are taken to insure that an organized
search is accomplished.
2. NARRATIVE DESCRIPTION.
- This involves record of the crime scene's general appearance as first
observed.
- However, extreme detail regarding evidence or actual collection of
evidence is beyond the scope of the narrative description.
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3. EVIDENCE RECOVERY LOG.
- It consists of the record of how physical evidence was recognized,
collected, marked, and packaged for administrative and 'chain-of-
custody' purposes.
4. LATENT-PRINT LIFT LOG.
- It refers to the record of how fingerprints and other prints at the CS
were discovered, collected (lifted), marked, and packaged.
5. PHOTOGRAPHIC LOG.
- It refers to the record on how the CS was systematically documented
using still and video cameras.
- The log shows the overall, medium, and close-up views of the scene.
- It contains a series of photographs of the CS taken in a systematic
manner based on SOP.
RANGE PHOTOGRAPH
- The three types of range photographs enumerated below will show the
progression of shots that can reconstruct the commission of a crime.
1. Take long-range
- Photos of the locality, points of ingress and egress, normal entry to the
property, exterior of the building/premises, and street signs or other
identifiable that will establish location which is taken to portray the
areas as if a person viewing the scene is seeing it from the standing
position.
- The photographer takes the photograph with the camera at eye level.
2. TAKE MID-RANGE
- Photos of the immediate CS and the location of objects of evidence
within the area or room which portrays the scene from approximately
10-20 feet from the subject matter.
3. TAKE CLOSE-RANGE
- Photos of specific evidence (strands of hair, fibers, footprints, and
bloodstains) approximately 5 feet or less from the subject matter.
THREE COMMON METHODS OF DOCUMENTING THE CRIME SCENE
- According Leysa, (2010), the following are the most common methods
documenting the crime scene:
1. NOTE TAKING
a. It serves as personal record of the search for evidence.
b. It should be detailed so as to be understood as well.
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c. It should begin with the crime scene specialist's name and assignment
to the case.
d. It should be supplemented by sketches and photographs of scene.
e. It should be recorded in a sequential order.
f. It should be complete.
ESSENTIAL ITEMS OF INFORMATION TO BE INCLUDED DURING NOTE
TAKING
a. Date, time, and location
b. Detailed description of the victim and his/her clothing
c. Wounds the victim sustained
d. A general description of the crime scene
e. The type of camera and film used in photographing the crime scene
f. Discovery of each significant item of evidence
g. The failure to locate items
NOTE: Notes are valuable not only as an aid to an accurate recall of events
to be testified to in court, but also to furnish the raw material needed in the
written formal report of the case. A different notebook should be used for
each separate case and the notebooks should be kept permanently in a safe
place.
2. SKETCHING
- It refers to the process of recording of information with respect to its
location, position, measurement, orientation and details of findings in a
sketch pad through symbols, arts and figures.
GENERAL KINDS OF SKETCH
- The two general kinds of sketch are the rough and finished sketches:
1. ROUGH SKETCH.
- This is a sketch made by the investigator at the crime scene, which is
full of important details but without the scale of proportion.
- This is used as the basis for the finished sketch.
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[Link]
2. Finished Sketch.
- This is a sketch with a scale of proportion.
- Drawn by a draftsman, it can be used for court presentation.
- Rough and finished sketches if requested by the court shall be
presented by the draftsman to clear doubts of the jury.
[Link]
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TYPES OF SKETCHES
a. Floor Plan/Overview/Bird's Eye View
- Scale drawing of a horizontal section through a building at a given
level, presented as a bird's-eye view of the scene.
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Figure 1.
[Link]
b. GROUND SKETCH
c. NEIGHBOURHOOD SKETCH
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d. EXPLODED VIEW/CROSS PROJECTION
- It combines the standard bird's eye view of the horizontal surface of
the room, while at the same time "laying down" a wall or walls in order
to depict evidence that is present on these vertical surfaces; allows the
viewer to see the orientation and interrelationships of items of
evidence on both the vertical and horizontal surfaces of the scene
e. ELEVATION SKETCH
- Elevation Sketch - depicts a side, front, or rear of the exterior of a
structure or one of the interior walls in a room; used when the vertical,
rather than the horizontal plane is of interest.
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METHODS OF SKETCH MEASUREMENTS
- Plotting methods are used to locate objects and evidence on the
sketch. Choose the best method suitable to the crime scene.
1. TRIANGULATION METHOD
- This method is a bird's-eye view of the scene that uses fixed objects
from which to measure.
- It is a type of measurement that can be used in both indoor and
outdoor crime scenes.
- It uses straight-line measures from two fixed objects leading to the
evidence to create a triangle with the evidence in the angle formed by
the two straight lines.
- The degree of the angle formed at the location of the object or
evidence can then be measured with a protractor.
- The angle can be any degree, in contrast to the rectangular-coordinate
and baseline methods, in which the angle is always a right angle (90
degrees) (Hess & Orthmann, 2010, p. 59).
[Link]
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2. RECTANGULAR METHOD
- This method uses two walls in a room as fixed points, from which
distances are measured at right angle to the object.
[Link]
documenting-the-procedure-used-to-preserve-crime-scenes-138088/
3. BASELINE OR COORDINATE METHOD
- This method measures the distance of an object from two fixed points.
- One form of this method uses a baseline which is drawn between two
known points.
- The baseline could be a wall, or drawn as a mathematical center of a
room, the dimensions of which are known.
- The measurements of a given object are then taken from left to right
along the baseline, to a point at right angles to the object which is to
be plotted.
- The distance will be indicated in the legend with a number in
parentheses following the name of the object (Lyman, 2011).
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4. COMPASS POINT METHOD
- This method uses a protractor to measure the angle formed by two
lines.
[Link]
PROCEDURES ON MAKING A SKETCH
- The PNP provided the following procedures when making crime scene
sketches (PNP, 2011).
a. To establish admissibility, the investigator must have personal
observation of the data in question. In other words, the sketch must be
sponsored or verified.
b. Sketches are not substitutes for notes or photos; they arebut
supplements to them.
c. Types of sketches include: floor plan or bird's-eye view, elevation
drawing, exploded view, and respective drawings.
d. Write down all measurements.
e. Fill in all the details on your rough sketch at the scene. The final sketch
may be prepared at the office.
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f. Keep the rough sketch even when you have completed the final
sketch.
g. Indicate the north direction with an arrow.
h. Draw the final sketch to scale.
i. Indicate the place in the sketch as well as the person who drew it. Use
KEY-capital letters of the alphabet for listing down more or less normal
parts or accessories of the place, and numbers for items of evidence.
j. Indicate the position, location and relationship of objects.
k. Methods or systems of locating points (objects) on sketch include:
rectangular coordinates, coordinates constructed on transecting base
line, and triangulation.
l. Critical measurements, such as skid marks, should be checked by two
investigators.
m. Measurements should be consistent.
n. Use standard symbols in the sketch.
o. Show which way the doors swing.
p. Show with arrow the direction of stairways.
q. Recheck the sketch for clarity, accuracy, scale, title and key.
PARTS OF SKETCH
- The following are parts of sketch; this may vary depending on the
sketcher and purpose of sketch.
1. TITLE
- It refers to the crime committed or the incident happened such as
vehicular accident, homicide case, drowning, rape case and others.
2. BODY
- It refers to the sketch proper to include the position of the victim and
other items in the crime scene.
- It includes proper measurements of distances of objects in the crime
Scene.
3. COMPASS DIRECTION (ORIENTATION)
- It refers to the standard arrow to indicate the north direction.
- To find the north without compass, determine the east where the sun
rises. Facing east, your left side is the north direction.
4. NATURE OF CASE
- It refers to the status of the case whether currently committed or days
had passed after its discovery.
5. LOCATION OF INCIDENT
- It refers to the place where the incident happened.
6. DATE/TIME OF INCIDENT
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- It refers to the exact time and date of the incident.
- This can be gathered through interviews from eyewitnesses and other
persons in the area.
7. NAME OF VICTIM
- It is the part of the sketch where name of the victim is written.
8. NAME OF SUSPECT
- It refers to the part of the sketch where the name of the suspect is
written.
9. MEASUREMENTS
- It is an element of sketch with measurements showing accurate spaces
and distances of relevant objects to their point of reference.
10. ESSENTIAL ITEMS.
- All items in the scene must be included Never decide outright that
some items are irrelevant. As you proceed in the investigation, these
seemingly irrelevant items will become relevant or material in the
investigation.
11. SCALE OF PROPORTION
- It is the element of the finished sketch.
- It is the essential of the finished sketch to the actual size or
measurements at the scene.
- The scale of 1:50 means that one inch in the sketch measurement is
50 inches in the actual scene measurement.
12. LEGEND
- It is usually placed at the bottom of sketch outside the sketch of the
scene.
- Numbers represent the objects in the crime or letters in order not to
unnecessarily crowd the graphic presentation.
13. SKETCHER'S NAME AND SIGNATURE
- It is where the name of the sketcher and the team leader or the officer
in charge are written and signed.
14. DATE AND TIME
- It refers to the exact time the sketch was made (Montojo, 2007).
[Link] THE CRIME SCENE IMPORTANCE OF
PHOTOGRAPHY
1. Permanent record of the crime scene
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2. The first step in the investigation of any crime is to photograph all
aspects of the crime scene completely and accurately before any of
the objects of evidence is removed or disturbed. It is better to take too
may photographs than too few.
3. Reconstruction of the crime scene.
Module 9
CRIME SCENE SEARCH
FIVE CRITICAL INGREDIENTS OF GOOD CRIME SCENE PROCESSING
- Excellent crime scene processing is characterized by the following
factors:
1. KNOWLEDGE.
- This refers to the basic understanding of the crime scene technicians
about what they are trying to accomplish and why.
2. SKILLS AND TOOLS.
- The technician must have the appropriate equipment and be skilled
with it in order to collect the various types of evidence he/she may
encounter.
3. METHODICAL APPROACH.
- The methods employed by the technician must be encompassing and
purposefully regular.
4. FLEXIBILITY.
- Although methodical, the technician must also be flexible in order to
deal with unique situations.
5. COORDINATED EFFORT.
- The entire team must coordinate their efforts in order for everyone to
pursue the same goal.
STAGES OF CRIME SCENE SEARCH
- The actual search begins after emergencies have been attended to,
the scene has been secured, witnesses have been located and
separated for interviewing, and photographing and sketching have
been completed.
- The search of the crime scene consists of the following stages:
STAGE 1: PRELIMINARY SEARCH
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- It is the cautious walk through 1 of the crime scene jointly conducted
by the SOCO Team Leader and the Investigator-on-Case purposely to
assess the extent of the crime scene and determine the possible types
of evidence to be encountered
STAGE 2: DETAILED CRIME SCENE SEARCH
- It is the search of the visible and easily accessible areas.
STAGE 3: VIGOROUS SEARCH
- It is the most intrusive of all searches where the searchers proceed to
the concealed physical evidence and most difficult or hardly accessible
areas, such as ceilings, drawers, lockers and under carpets
STAGE 4: FINAL SEARCH
- It is a critical survey or review of all levels of the search, which is
jointly conducted by the SOCO Team Leader and the Investigator-on-
Case, the purpose of which is to check for completeness of search and
to ensure that all evidence has been gathered
DIFFERENT METHODS OF SEARCH
STRIP OR LINE SEARCH METHOD
- A strip search is typically used in outdoor scenes to cover large areas
in which detailed examination is necessary.
- It is a technique frequently used by archaeologists when they search a
particular area.
- This method can be used by one person or a group of searchers.
- The searchers (A, B, and C) proceed slowly at the same pace along the
path parallel to one side of the rectangle.
- At the end of the rectangle, the searchers turn and proceed back along
new lanes but parallel to the first movement.
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[Link]
GRID OR DOUBLE STRIP SEARCH METHOD
- The grid search method is a variation of the strip search method and is
useful for large crime scenes, particularly outdoor scenes.
- It is very time consuming, but causes a very methodical and thorough
examination of the area.
- It also has the advantage of allowing searchers to view and search the
crime scene from two different viewpoints, thereby increasing the
possibility of uncovering evidence not previously noticed.
- Searchers follow strips in one direction, then cut across the scene in
another set of strips, oriented 90 degrees to the first.
- It provides for multiple views of the same ground by the same searcher
from different perspectives
[Link]
[Link]
SPIRAL/ CIRCLE METHOD.
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- The searchers follow each other the path of a spiral, beginning from
the outside and spiraling in towards the center.
- Wheel method can be conducted in two ways:
- The Inward Spiral or Centripetal Method is usually employed by one or
two investigators and is done slowly and methodically;
- Outward Spiral or Centrifugal Method is a good method used by one
officer to avoid damage of evidence at the center; the beginning tight
spiral should be made visually, while standing in a fixed position
[Link]
[Link]
ZONE OR SECTOR METHOD.
- The area to be searched is divided into quadrants and each searcher or
a group of searcher is assigned to the quadrant.
- Each quadrant or sector is then searched separately as an individual
unit, using the spiral, strip and/or grid search pattern.
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[Link]
WHEEL METHOD
- (Also known as Pie or Spoke Method).
- This type of searching the crime scene is applicable to areas which are
circular in size or area.
- The searchers shall assemble at the center and proceed outward along
radii or spokes.
- One short coming of this method is the great increase in the area to be
observed as the search departs from the center.
[Link]
84c3-0a33a24d0628/deck
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Module 10
INTELLIGENCE
- It is the end product resulting from the collection, evaluation, analysis,
integration and interpretation of all available information which may
have immediate or potential significance to the development and
execution of plans, policies and programs of the users.
- It refers to the information about secret plans or activities, especially
those of foreign governments, the Armed Forces, business, enemies, or
criminals.
PERSONALITIES BEHIND POLICE INTELLIGENCE
1. Moses
- One of the first recorded formalized intelligence effort with format can
be found in the holy bible (Numbers 13:17)
- Sent 12 intelligence agent whom the Lord directed Moses to send into
the land of Canaan.
Shammua - Son of Zaccur – Gaddiel – Son of Sodi – Tribe of
Tribe of Reuben Zebulun
Shapat – Son of Hori – Tribe of Gaddi – Son of Susi – Tribe of
Simeon Joseph
Caleb – Son of Hephunnen – Ammiel – Son of Gemali – Tribe of
Tribe of Judah Dan
Igal – Son of Joseph – Tribe of Sether – Son of Michael – Tribe of
Issachar Asher
Hoshea – Son of Nun – Tribe of Nahbi – Son of Vopshi – Tribe of
Ephraim Napthali
Palti – Son of Raphu – Tribe of Gevel – Son of Machi – Tribe of
Bejamin Gad
2. RAHAB
- The “Harlot of Jericho”(Joshua 2:1-21) who sheltered the and concealed
the agents of Israel.
- The spies, in return for her protection, promised to save her and her
family during the planned military invasion as long as she fulfilled her
part of the deal. The recognized Rahab’s house by a red cord hanging
from her window.
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3. DELILAH
- She was an impromptu intelligence agent of the Philistines.
- She seduced Samson of Israel to reveal the secret of his strength and
used herself to gain intelligence from powerful enemy.
4. SUN TZU
- Authored the book entitled “Ping Fa” (The Art of War) written about
400 B.C.
- The Father of Intelligence
5. ALEXANDER THE GREAT
- He devised the “First letter sorting and opening” to obtain information.
6. HANNIBAL
- The Carthaginian General considered as one of the most brilliant
military strategies.
- He roamed around the city of Rome often disguising as a beggar to
gather first hand information.
- Father of Strategy.
7. FREDERICK THE GREAT
- Was know as the Father of military espionage.
- He established rules for obtaining and using of every grade of
intelligence agents and divided his agents in four classes as follows:
a. COMMON SPIES
- Recruited among poor folk, glad to earn small amount of money or to
be accommodated as military officer.
b. DOUBLE SPIES
- The low informers and unreliable renegades who are significant in
spreading false information to the enemy.
c. SPIES OF CONSEQUENCES
- Couriers and nobleman, staff officers, and kindred conspirators,
invariably requiring substantial bribe or bait.
d. INTIMIDATED SPIES
- Persons who were forced to undertake espionage against their will.
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INFORMER AND INFORMANT
INFORMANT
- Refers to any person giving information voluntarily.
INFORMER
- Refers to any person giving information for consideration of a reward.
TYPES OF INFORMANTS
1. ANONYMOUS INFORMANTS
2. RIVAL ELIMINATION INFORMANTS
3. FALSE INFORAMANTS
4. SELF-AGGRANDAZING INFORMANTS
- It is defined as and informant that is conceited, over confident, and
arrogant.
5. MERCENARY INFORMANTS
- e.g hired killers and members of syndicates.
6. DOUBLE-CROSSER INFORMANTS
- It gives information, but the objective is also to get more information
from the police and their activities
7. WOMEN INFORMANTS
- It could be an associate of the syndicate.
- She uses her body to obtain more information.
8. INCIDENTAL INFORMANTS
- It furnish information with no intention of repeating his services of
furnishing information on a continuing basis.
9. CASUAL INFORMANTS
- These are individuals who by social or professional position, possesses
or has access to information of continuing interest, and who willingly
provides information to the CI unit, either in response to a specific
request or in his own initiative.
10. AUTOMATIC INFORMANTS
- By virtue of their official positions are expected or obligated to furnish
information openly to ci units in normal courses of their duties.
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11. RECRUITED INFORMANTS
- These are selected, trained and utilized as continuous and covert
sources of information concerning specific counter-intelligence targets.
CATEGORIES OF INTELLIGENCE
GENERAL FORM OF INTELLIGENCE
1. NATIONAL INTELLIGENCE
- The total product of intelligence developed by all governmental
agencies that cover the broad aspects of National Security and
National Policy.
2. DEPARTMENT INTELLIGENCE
- Intelligence used by various departments for the advancement of each
departments/agencies.
3. MILITARY INTELLIGENCE
- This is used in the preparation of military policies, plans and programs.
It includes strategic and combat intelligence.
THINGS TO BE CONSIDERED:
P – People
W – Weather
E – Enemy
T – Terrain
ORDER OF BATTLE INTELLIGENCE
- A part of military intelligence is concerned with the manner in which
military forces are organized and disposed.
4. COUNTERINTELLIGENCE
- Covers the activity devoted in destroying the effectiveness of hostile
foreign activities to the protection of information against espionage,
and sabotage.
- It is also known as negative intelligence because it is an activity
dedicated to the concealment and protection of one's own information
from adversaries' intelligence operation.
- Negative Intelligence is a generic term which incorporates three
different things. These are as follows;
a. SECURITY INTELLIGENCE
- It means that the total sum of efforts to counsel the national policies,
diplomatic decisions, military data, and any other information of a
secret nature affecting the security of the nation from unauthorized
persons.
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- Its effort is to deny information to unauthorized persons by restricting
to those who are explicitly authorized to possess it.
b. COUNTER INTELLIGENCE
- It is the organized effort to protect specific data that might be of value
to the opponents own intelligence organization.
COUNTER-ESPIONAGE
- In counter – espionage negative intelligence becomes a dynamic and
active effort.
- Its purpose is to investigate actual or theoretical violation of
espionage laws, to enforce those laws and to apprehend any violators.
- It is a job to catch spies. It is basically a police function.
- According to Sir Bassil Thomson - former chief of Scotland Yard
Criminal Investigation Division:
- "A Basic requirement of the secret agent is to disguise himself and his
mission. Much of his training and basic skill is dedicated to
concealment. He is supposed to be supplied with a fool proof cover
story and good documents. He must be a man of exception ability or
else he would not be chosen for this intricate job. The trapping of the
dark intruder is a formidable talk."
- The aim of Counter - Espionage is to locate the enemy, to identify the
enemy and to neutralize the enemy.
FIVE IMPORTANCE OF EFFECTIVE CI
a. Denies information to the enemy
b. Reduces the risk of a command
c. Aids in achieving surprises
d. Increases the security of the command
e. Decreases the enemy ability to create information about our forces.
FIVE CATEGORIES OF CI OPERATION
1. MILITARY SECURITY
- It encompasses the measures taken by a command to protect itself
against espionage, enemy operation, sabotage, subversion or surprise.
2. PORT FRONTIER AND TRAVEL SECURITY
- It has to do with the application of both military and civil security
measures for CI control at point of entry and departure, borders or
boundaries.
3. CIVIL SECURITY
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- It encompasses active and passive CI measures affecting the non-
military nationals permanently or temporarily residing in an area under
military jurisdiction.
4. CENSORSHIP
- It is the control and examination of the civil, national armed forces,
field press, and POWs (Prisoners of wars).
5. Special Operations
- Counter subversion, sabotage and espionage
COUNTER-INTELLIGENCE INVESTIGATION
- It is an activity which constitutes the value of work load and includes
specific investigation of individual and incidence which for the most
part are conducted in an overt but discrete manner.
GENERAL TYPES OF CI
1. PASSIVE MEASURES
- These are those measures which seek to conceal information from the
enemy.
- Secrecy discipline, document security, camouflage and concealment,
communications security, military censorship, counter reconnaissance
efforts.
2. ACTIVE MEASURES
- These are those measures which seeks active (block to the enemies'
effort to gain information or engage in espionage, subversion or
sabotage.
- Examples are PSI, Security Tag or Password, Challenge or Password,
Reconnaissance.
3. DECEPTION MEASURES
- These are measures which are used to deceive the enemy.
- Ruse - use of escape and evasion, Dummy position, Fabricated
information.
POLICE INTELLIGENCE
- It is defined as the end product resulting from the collection,
evaluation, analysis, integration and interpretation of all available
information regarding the activities of criminal and other law violators
for the purpose of affecting their arrest, obtaining evidence, and
forestalling their plans to commit crime.
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- Intelligence as herein referred to means Police Intelligence as
distinguished from Military Intelligence.
- The fundament intelligence cycle is still the same, be that used in
Police or Military Intelligence.
FUNCTIONAL CLASSIFICATIONS
1. CRIMINAL INTELLIGENCE (CRIMINT)
- It refers to the production of intelligence essential to prevention of
crimes, investigation, arrest and prosecution of criminal offenders
2. INTERNAL SECURITY INTELLIGENCE (INSINT)
- It refers to the knowledge essential to the maintenance of peace and
order.
3. PUBLIC SAFETY INTELLIGENCE (PUSINT)
- It refers to the knowledge essential to ensure the protection of lives
and properties.
CARDINAL PRINCIPLE IN POLICE INTELLIGENCE
- The cardinal principle in Police intelligence at all levels is the proper,
economical and most productive use of personnel and equipment
employed and/or utilized in planning the collection of information and
dissemination of intelligence.
GENERAL ACTIVITIES IN POLICE INTELLIGENCE
a. STRATEGIC INTELLIGENCE
- The intelligence information which is primarily long range in nature
with little practical immediate operation value.
b. LINE INTELLIGENCE
- It is immediate in nature and necessary for more effective police
planning and operation.
c. NATIONAL INTELLIGENCE
- It refers to the integrated product of intelligence developed by all the
governmental branches, departments concerning the broad aspect of
national security and policy.
- It is concerned to more than one department or agency and it is not
produced by single entity and used to coordinate all the activities of
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the government in developing and executing integrated and national
policies and plans.
d. COUNTER INTELLIGENCE
- It is a phase of Intel covering the activity devoted in destroying the
effectiveness of hostile foreign activities, and do protection of
information against espionage, subversion and sabotage.
e. UNDERCOVER WORK
- It is an investigative process in which disguises and pretext, cover and
deception is utilized.
INFORMATION
- Generally, information are raw data or unevaluated material of every
description derived from observation, communication, reports, rumors,
imagination, and other sources from which intelligence is produced.
INTELLIGENCE INFORMATION
- Intelligence information refers to any information gathered or received
which is of intelligence interest.
GENERAL CLASSIFICATION OF SOURCES OF INFORMATION
1. OPEN SOURCES – (OVERT ACTIVITY)
- The information may be obtained from news files, libraries, magazines,
books, or non- classified files in certain public or private offices 99% of
the information collected is coming from open sources.
- This can be from: Enemy activity; Prisoners of War (POW); Civilians;
Captured Documents; Map; Weather forecast; Studies; researches;
reports; etc.; Agencies; Informants and informers.
2. CLOSE SOURCES – (COVERT ACTIVITY.)
- They can be located inside a building, safe or vaults. 1% of all
information is from close sources.
- This can be from: Surveillance; Casing; Elicitation; Surreptitious entry;
Employment of technical means (bugging and tapping); Tactical
interrogation; Observation and description.
GENERAL CATEGORIES SOURCES OF INFORMATION (PPET)
1. Places
2. People
3. Things
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OTHER SOURCES OF INFORMATION
- Routine patrol; Criminal investigation; Use of informants;
Interrogations; Search and seizures; Cordon and scratch; Checkpoints;
Police public relations activities; Coordination with law enforcement
agencies; Inmates of various jails, military stockades and other penal
colonies; and Statistics.
INTELLIGENCE CYCLE
- It is the continuous process which ultimately coordinates and
integrates all efforts of the collecting agencies or units.
- The intelligence cycle is the process through which intelligence is
obtained, produced, and made available to users.
- The stages of the intelligence cycle include the issuance of
requirements by planning, collection, evaluation/processing and
dissemination of intelligence.
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EVALUATION OF INFORMATION
ACCURACY OF RELIBILITY OF SOURCES OF
INFORMATION INFORMATION INFORMATION
(CPPDIT) (CUFNUR)
1 – CONFIMED by A – COMPLETELY T – Direct observation by
other sources RELIABLE comdr/chief of unit
2 – PROBABLY B – USUALLY RELIABLE U – Report by DPA or
TRUE Resident Agent
3 – POSSIBLY TRUE C – FAIRLY RELIABLE V – Report by PNP/AFP
troops
4 – DOUBTFULLY D – NOT USUALLY W – Interrogation of
TRUE RELIABLE Captured Enemy
5 – IMPROBABLE E – UNRELIABLE X – observation of
gov’t/civilian employee
6 – TRUTH cannot F – RELIABILITY cannot Y – observation of gov’t
be judged be judged officials
Z- documentary
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Module 11
SURVEILLANCE
- Based from etymology of terms surveillance was derived from the
French word "surveiller" means to watch over and veiller" means to
keep watch In In Latin, "vigilar" means vigilant
- It is a clandestine form of investigation which consists of keeping any
person, place, or other physical observation in order to obtain evidence
or information pertinent to the purpose of the investigation.
- It is defined as the discreet observation of persons, places and vehicles
for the purpose of obtaining information concerning the identities or
activities of criminals.
- A surveillant is the person who conducts the surveillance or performs
the observations while a subject is the person, place or vehicle being
observed by the surveillant (Manwong, 2004).
TYPES OF SURVEILLANCE
ACCORDING TO INTENSITY AND SENSITIVITY
a. DISCREET
- It means subject person to be watch is unaware the he is under
observation.
b. CLOSE
- It means subject is aware that he is under observation varied on each
occasions.
c. LOOSE
- It means applied frequently or infrequently period of observation
varied on each occasion.
ACCORDING TO METHODS
a. STATIONARY/FIXED SURVEILLANCE
- It is the observation of place usually bookie stall, a gambling, a
residence where illegal activities are going on.
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b. MOVING
- It means the following the subject from the place to place to maintain
continuous watch of his activities.
c. TECHNICAL SURVEILLANCE
d. It is the use of communications and electronic hardware’s, gadgets,
system and equipment.
CONSIDERATIONS IN SURVEILLANCE PLANNING:
1. SURVEILLANCE PLAN
- It refers to a plan established as required according to type of
personnel, and the general and specific instructions for surveillance.
2. AREA TARGET STUDY
- It refers to the area of operation of surveillance activities.
3. PRE-SURVEILLANCE CONFERENCE
- It is a conference held among the team members, police intelligence
unit before a surveillance is conducted
4. STAKE OUT.
- It refers to the observation of places or areas from a fixed out point.
5. TAILING OR SHADOWING
- It is the observation of a person's movement.
6. UNDERCOVER MAN
- A person trained to observe and penetrate certain organization
suspected of illegal activities and the later reports the observation and
information so that proper operational action can be made.
7. LIAISON PROGRAM
- This is the assignment of trained intelligence personnel to other
agencies to obtain information of police intelligence value.
8. SAFE HOUSE
- It is the place, building, enclosed mobile, or an apartment, where
police undercover men meet his action agent for debriefing or
reporting purposes.
9. DROP
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- It is a convenient, secure, and unsuspecting place where a police,
undercover man, informer, or informant by a pre arrangement leaves a
note, a small package, an envelope to item for the action agent,
supervisor or another agent.
10. CONVOY
- An accomplice or associate of the subject.
11. DECOY
- Any person almost similar to the subject used to avoid or elude
surveillance.
12. CONTACT
- Any person or subject picks or deals with while he is under
surveillance.
13. MADE
- When subject under surveillance becomes aware that he is under
observation and identifies the observer (burn out).
14. LOST
- When the surveillants do not know the whereabout of their subject or
the subject had eluded the surveillants.
15. RABBIT (HARE)
- Term referring to the subject of shadowing and tailing.
16. TEST FOR TAILING
- The common trick of the subject (rabbit) when he becomes conscious
that he is being tailed.
- The rabbit usually boards a public conveyance then jumping off the
vehicle then he looks about quickly to determine if any another person
jumps off also.
BASIC PREPARATIONS:
1. STUDY THE SUBJECT (IN CASE OF PERSON)
- Like name, address description, family, and relatives associates,
character and temperament, vices, hobbies education, etc.
2. KNOWLEDGE OF THE AREA OR TERRAIN (CONCERNING PLACES)
- Maps national and religious backgrounds transportation (public
utilities, etc.
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3. SUBVERSIVE ORGANIZATIONS
- History and background, biography of the official(leaders) identity and
background of the members and former members, method of
identification employed by the members, files and records (nature,
location and accessibility, meeting, etc.
4. COVER STORY
METHODS OF FOOT SURVEILLANCE
1. ONE MAN SHADOW.
- It is conducted by one man in shadowing a subject. The surveillant
should establish the contacts of the subject, place visited, girl friends
and confidants.
- Example: In case the subject will use the telephone booth, the
shadower must feign a call at the available booth.
2. TWO-MAN SHADOW.
- This is easier for the surveillants to fully cover the subject.
- The method allows the exchange of the positions of the shadowers in
order to avoid discovery.
- One shadower will follow behind the subject and the other may either
be abreast or on the opposite side of the street or following the first
shadower.
3. THREE-MAN SHADOWER OR ABC TECHNIQUE OF SHADOWING.
- The three shadowers are represented as A, B and C.
- This is how they work. A is close to the subject and follows him/her at a
distance depending on the pedestrian traffic.
- B follows A at the same distance of A to the subject.
- If vehicular traffic is moderate, it may be opposite him/her on the other
side of the street.
- B and C take turns in assuming the position of A to prevent A from
becoming familiar and noticeable figure to the subject.
- Pre-arranged signals are encouraged.
DON'TS IN FOOT SURVEILLANCE
1. Never meet the eyes of the subject to avoid suspicion.
- If the subject makes an abrupt turn, avoid a face-to-face confrontation
by looking elsewhere away from the face of the subject.
2. Avoid lurking, sleuthing and creeping manner.
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- Don't lurk in doorways, stalking behind the subject, crouch and sneak
around the corners. All of those will attract attention.
3. Don't wear story-book disguises, false whiskers, artificial noses or scars
and faked deformities and the like rarely, if ever, are convincing for
any length of time even when worn by a professional make-up artist.
- These disguises may be good for theater but not for the street.
4. Never carry noticeable notebooks, brief case or other objects.
- Don't greet fellow officers or allow them to greet you by way of signals
like blocking the lips with a finger.
5. Don't make entries or notes in your notebooks ostensibly or displayed
publicly (Garcia, 2004).
TACTICS AND TECHNIQUES OF SHADOWING
1. TURNING CORNERS.
- The surveillant should not rush if the subject turns to a corner.
- If the subject disappears, the nature of the surrounding will determine
the tactics to locate the subject.
- It is preferable to lose the subject rather than alerts him/her in the tail.
2. ENTERING A BUILDING.
- If the building has no back exit, the surveillant should wait until the
subjects comes out.
- It is necessary to follow the subject inside the building if there is an
exit at the back of the building.
- In case the subject boards an elevator, the surveillant should also
board the elevator.
- The surveillant should tell the elevator boy the same floor as that of
the subject or he/she may proceed to the top floor.
- If there are more than one shadower, one should alight on the floor of
the subject.
- The other may proceed to other directions such as the first floor where
they could wait for the subject.
3. RIDING A BUS.
- The surveillant should board the same bus. Sit behind or at the side of
the subject.
- If the shadower misses the bus, he/she should board a taxi and board
the bus at a place ahead.
4. RIDING A TAXI.
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- If subject rides on a taxi, the shadower should take another taxi and
note the plate number and the company name of the subject's taxi.
- If he/she fails to tail the taxi, he/she should get information from the
taxi company through the driver of the taxi for the disclosure of the
subject's destination.
5. RIDING A TRAIN.
- The shadower must fall in line towards the ticket booth, behind the
subject so that he/she could overhear the destination or he/she could
merely request for a timetable or a ticket for the last destination.
6. INSIDE A RESTAURANT.
- Shadower should allow the subject to select a table before entering the
restaurant.
- The shadower must select the obscure table and estimates to finish
his/her meal at the same time as that of the subject.
7. IN A HOTEL.
- The room of the subject could be inquired from the hotel registry.
- Once pinpointed, the shadower must take an adjacent or opposite
room.
- If there are no available on this arrangement, the nearest vacant room
should be the choice.
8. IN A THEATER.
- The shadower should be seated behind the subject.
- If the subject gets out, he/she should follow in a different exit point.
9. INSIDE A PRIVATE HOUSE.
- The shadower should wait outside at a distance to be inconspicuous,
taking the address and the occupants to be verified later.
10. INSIDE A SMALL PRIVATE OR PUBLIC OFFICE.
- The shadower must wait outside, pretending to be a customer of
nearby establishments.
11. TELEPHONE BOOTH.
- The shadower may take the next booth or stand near the subject to
hear the conversation. The telephone book used and the page number
at which it was left open should be noted (Garcia, 2004).
COMMON TRICKS OF THE SUBJECT IN SURVEILLANCE
1. TEST FOR TAILING.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- When the subject is conscious that he/she is being tailed while about to
board a public conveyance, he/ she usually jumps off the vehicle.
- If somebody also jumps off, he/she then recognizes the shadower,
which will be the basis for future recognition.
2. USE OF CONVOY.
- The subject employs other partners to detect if he/she is being tailed.
- The convoy which may employ the ABC method would be very easy to
detect shadowers.
- If the subject uses this, the shadower must be behind the convoy and
follow them instead (Garcia, 2004).
BASIC UNDERCOVER OPERATION
- It is presently one of the best means to solve crimes committed by
professional criminals.
- This segment reveals the concept of undercover operations, its
purposes, the do's and don'ts in the assignment and the qualities of a
good undercover agent.
WHAT IS UNDERCOVER OPERATION?
- It is a police operation wherein the investigator assumes a fictitious
identity in order to infiltrate the ranks of the criminals for the purpose
of obtaining information.
- This should be the last resort if no other effective means of obtaining
information is available.
- It is a last resort because of the risk involved which may cause the loss
of life or limb of the investigator (Manwong, 2004).
PURPOSES OF UNDERCOVER OPERATION
1. GATHERING EVIDENCE.
- The undercover agent can observe criminal activities, hear
conversations, photographs documents and performs other activities
for collating and gathering evidence.
2. COUNTER-INTELLIGENCE.
- Counter intelligence operation is a means to identify the double-
crossers.
- The undercover agent could validate the truthfulness of the
information given by informants.
3. INSTALLATION OF SURVEILLANCE EQUIPMENT.
- The agent is in a position to secretly install surveillance equipment
such as hearing devices or wire tapping facilities.
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4. LOYALTY CHECK.
- This applies to private or government employees who are security risk
personnel, especially those involved in intelligence work.
5. PENETRATING SUBVERSIVE ORGANIZATIONS.
- By nature of the operations of this organization, which is clandestine,
the only effective method of obtaining information is by undercover
operations.
6. BASIS FOR A SUCCESSFUL RAID.
- The information obtained by the undercover agents are direct, hence
they are important base for the planning and execution of future raids.
- The agent is in a position to know the armaments of the targeted
criminals (Garcia, 2004).
QUALITIES OF A GOOD UNDERCOVER AGENT
1. He/she must be able to adapt in the field of his/her assignment. If the
assignment will be a farmer, he/she must know how to plant or use the
plow or machines of agriculture.
2. He/she must be a good actor and a practical psychologist
3. He/she has knowledge above the ordinary in terms of general
information and the varied ways of life, profession and occupation.
4. He/she must have temperament, or a calm, enduring and affable
personality. Self-control and self-confidence are a few of the qualities
desired.
5. He/she must have a photographic memory because most often, he/she
could not use written notes about his/her activities and observations.
Keen power of observation and sound judgment are also desired (Vince
& Sherlock, 2005).
TYPES OF UNDERCOVER ASSIGNMENT
- The following are the specific assignments of an undercover agent:
1. WORK ASSIGNMENT.
- If the agent is to be employed as a janitor, he/she must know his/her
work and appear as such, focusing his/her mentality and habit to work
assignment.
- He must avoid language of refinement in order that his/her educational
background will appear to that of a janitor.
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2. SOCIAL ASSIGNMENT.
- These are places of amusements, such as bars, nightclubs and other
places of entertainment where a subject frequently goes. Criminals
throw a major part of their loot to these places and the undercover
agent must know the hostesses who are girl friends of the criminals.
- He/she must know how to drink socially without getting drunk.
3. SUBVERSIVE ORGANIZATIONS.
- He/she must know the ideologies of the organizations in order suit
his/her philosophies and actions while inside the said organization.
4. RESIDENTIAL ASSIGNMENT.
- This concerns the neighborhood of the suspect where the undercover
agent fits himself/ herself as a new resident, without generating
suspicion.
- The purposes are to befriend to those who could give information and
possibly get closer to the subject.
5. THE FICTITIOUS PERSONALITY.
- The preparation should include the fictitious background of the
undercover agent.
- He/she must discard all papers and identification cards, etc.
- A new set of background information should be issued to him.
- The agent must memorize all the details of his/her fictitious
background (Garcia, 2004).
DON'TS IN THE ASSIGNMENT
1. DON'T DRINK TOO MUCH.
- If the undercover agent will not drink, suspicion may arise.
- It must be controlled. Remember, that in most cases, alcohol is a
tongue "loosener".
2. DON'T COURT WOMEN.
- There is a possibility that one of the women is the girlfriend of the
subject.
- It will invite jealousy and may lead to a dangerous situation.
3. DON'T USE WOMEN AGENT (IF NOT REQUIRED BY SITUATION).
- Due to nature of the job, women should not be employed as a general
rule.
- The subject may become interested in the women agent.
- The women may be placed in a compromising situation and there is
the possibility that the women will fall in love with the subject.
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- The exception is that, if the woman is of the character that she will not
compromise loyalty to the service, and she should be employed as it is
easier for women, using their beauty and brain to discover the inner
secrets of men rather than men themselves.
- Women are reasons for successes and at the same time downfalls.
4. DON'T BRAG TO OTHER PEOPLE.
- Bragging is the claiming of a person to be somebody of certain
possessions or accomplishments in life.
- This may lead to the verification of his/her fictitious identity, and may
lead to "burn out" of the agent.
5. DON'T SPEND TOO MUCH.
- Expenditures must be moderate and commensurate with the fictitious
identity, to avoid suspicion (Garcia, 2004).
COMMUNICATIONS BY THE UNDERCOVER AGENT TO THE
HEADQUARTERS
1. TELEPHONE.
- Utmost secrecy must be the guideline in calling headquarters.
- Modern telephone having their caller's ID that may trace who is calling.
- It is better to use a dial public booth not connected with the local
switchboard operator. Different telephones must be used.
- If using a cell phone immediately erase the number called, a technique
must be used in the cell phone so that the number of the person called
will not appear in the record.
- Text messages should be erased immediately.
2. SECRET MEETINGS.
- They are pre-arranged to pass important and vital messages which
should be immediately acted upon.
- But some messages decided in the meeting need to be put secretly to
preserve its purpose; therefore several techniques are used.
- An invisible ink can be used.
3. Coded Messages.
- The coded messages should be written in inconspicuous writing
materials such as napkins, wrappers these should be discarded later.
- Serial numbers and business names, which are difficult to memorize,
should be noted.
- These messages should be placed secretly in the drop boxes such as
trashcans for the collection of the supporting agent (Garcia, 2004).
TRACING AND ARRESTING THE CRIMINAL
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- Several methods in tracing the location of the suspects are employed
by the law enforcers; some of the methods are the following:
1. BY INFORMERS
- The informers must be given the picture of the criminal together with
his/her last known address and acquaintances or his/her possible hang
outs.
2. BY INFORMANTS.
- Informants must be contacted to secure possible information as to the
whereabouts of the criminal.
3. GRAPEVINE SOURCES.
- These grapevine informants or informers have easier access to the
underworld where vital information could be gathered as to the
whereabouts of the particular criminal.
- The prisoners or inmates are most often knowledgeable on crimes and
criminals more than the police, especially on major crimes.
4. BY TAILING.
- The surveillant may tail the wife, relatives and friends of the criminal
who will deliver provisions to the hiding place.
5. USING CHILDREN OF THE SAME AGE.
- The children of the criminal maybe used as sources of information as
to whereabouts of the subject.
6. COURTING THE GIRLFRIEND OF THE CRIMINAL.
- This can be done by showering them with gifts and expressing
passionate love. Money and love have proven in the past as a major
consideration of betrayal. Most of the girlfriends of the criminals are
hostesses, prostitutes or dancers.
7. HARASSING THE ASSOCIATES AND FRIENDS OF THE CRIMINAL.
- These people will give the desired information in exchange for peace,
or by befriending or helping them to get out of the mess of minor
violations of law.
8. ARRESTED CRIMINALS KNOWN TO THE SUBJECT.
- These persons must be interrogated with the false information that the
one responsible for their arrest is the information coming from the
criminals being sought.
9. In fresh cases, the BLOODHOUND DOGS OR K-9 are used to track
down the suspect in squatters areas, open field or wooded terrain.
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
- This is most effective if a piece of article belonging to the criminal, left
at the crime scene is sniffed by the dog as a sample of the odor of the
criminal.
10. In very recent cases, find out the ETHNIC ORIGIN OF THE
CRIMINAL. If he/she is from Baguio City, there is a great possibility
that they will go home to his/her place. In the past, there were
successes in arresting the criminal at the pier or at the domestic
airport within a 3-day stick out.
11. DISGUISES.
- Beware of disguises employed by the criminal.
- Many suspects had eluded police cordon or dragnet by pretending to
be abnormal persons greased with the dark oil and acting the
mannerisms of the abnormal.
- Some suspects also attired themselves with wigs and feminine dresses.
12. CORRUPTING THE KNOWN ASSOCIATES OF THE CRIMINAL
THROUGH MONEY.
- In the underworld, money talks louder than other things.
13. PUBLICATION OF REWARDS.
- Done in newspapers of general circulation mostly read by the masses.
- This is effective for the capture of the criminal.
- A weeklong publication together with the criminal's picture will pay off.
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APPENDIX A
MODULE 1
FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
LEARNING OBJECTIVES:
At the end of this module, students are expected to:
Familiarize in the history of the criminal investigation.
Identify the different personalities in the history of criminal investigation.
Matching Type. Match Column A to Column B. Write the letter of your
answer on the space provided before the number.
COLUMN A 8. Jonathan Wild
1. Flaviano C. Guererro
2. Dr. Alec John Jeffreys 9. John Fielding
3. Paul Leland Kirk 10. Henry Fielding
4. Alphonse Bertillon
5. Thomas Byrnes
6. Eugene "Francois" Vidocq
7. Sir Robert Peel COLUMN B
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A. Anthropometry, the first F. He is a chemist and forensic
systematic personal identification scientist who was known for his
system. work on blood spatter evidence.
B. He introduced the Modus G. He is the "Blind Beak."
Operandi File. H. He organized the London
C. He introduced the idea of setting Metropolitan Police, the world's
a thief to catch a thief. modern organized police force.
D. He is London's most effective I. He introduced the first
investigator and most famous thief professional London Police Force.
catcher in 1720s.
J. He identified Colin Pitchfork as
E. He is the only Filipino member of the murderer of two young girls
FBI. through Deoxyribonucleic Acid
(DNA).
APPENDIX B
MODULE 2
FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
LEARNING OBJECTIVES:
At the end of this module, students are expected to:
Familiarize in mode of investigation.
Identify the different elements of the crime.
Discuss the criminal investigation.
1. Discuss what is criminal investigation?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. Enumerate and discuss the elements of the crime.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. Enumerate and discuss the mode of investigation.
______________________________________________________________________________
______________________________________________________________________________
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______________________________________________________________________________
______________________________________________________________________________
4. Criminal Investigation is an Art or a Science? Why?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
APPENDIX C
MODULE 3
FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
LEARNING OBJECTIVES:
At the end of this module, students are expected to:
Familiarize in interview and interrogation.
Identify the difference between interview and interrogation.
Understand the golden rule in interview.
1. Explain the Golden Rule in Interview.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. Enumerate and discuss the general kinds of interview.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. Discuss interview and interrogation.
______________________________________________________________________________
______________________________________________________________________________
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______________________________________________________________________________
______________________________________________________________________________
4. Differentiate the confession and admission.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
APPENDIX D
MODULE 4
FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
LEARNING OBJECTIVES:
At the end of this module, students are expected to:
Discuss the arrest
Familiarize and explain the different types of arrest
1. How is arrest made?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. Discuss the two types of arrest.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. What is probable cause?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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4. Is the arrest warrant have a expiration date? Yes or No and Why?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
APPENDIX E
MODULE 5
FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
LEARNING OBJECTIVES:
At the end of this module, students are expected to:
Familiarize in interview and interrogation.
Identify the difference between interview and interrogation.
Understand the golden rule in interview.
1. What is search warrant?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. Who should witness a search?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. Enumerate and discuss the different types of arrest.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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APPENDIX F
MODULE 6
FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
LEARNING OBJECTIVES:
At the end of this module, students are expected to:
Familiarize in criminal evidence
Identify the different types of criminal evidence.
1. What is evidence?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. Enumerate and discuss the types of evidence in criminal investigation.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. In your own opinion explain the chain of custody.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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4. What is/are the difference between Ordinary witness and Expert
witness?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
APPENDIX G
MODULE 7
FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
LEARNING OBJECTIVES:
At the end of this module, students are expected to:
Familiarize in crime scene
Identify the different types of crime scene.
1. Explain the golden rule in criminal investigation.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. What is crime scene?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. Enumerate and discuss the types of crime scene.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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4. What is crime scene investigation?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
APPENDIX H
MODULE 8
FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
LEARNING OBJECTIVES:
At the end of this module, students are expected to:
Familiarize in crime scene documentation.
Identify the different method in documenting crime scene.
1. Enumerate and discuss the three common methods of documenting
the crime scene.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. What do you think is the importance of Photography in crime scene
documentation?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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APPENDIX I
MODULE 9
FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
LEARNING OBJECTIVES:
At the end of this module, students are expected to:
Familiarize in crime scene search.
Identify the different method in searching the crime scene.
1. Enumerate and discuss the five ingredients of good crime scene
processing.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. Enumerate and explain the stages of crime scene search.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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APPENDIX J
MODULE 10
FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
LEARNING OBJECTIVES:
At the end of this module, students are expected to:
Familiarize in intelligence
Identify the different method of intelligence operation.
1. What is intelligence?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. What is counter-intelligence?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. Enumerate and discuss the things to be considered in military
intelligence.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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APPENDIX K
MODULE 11
FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
LEARNING OBJECTIVES:
At the end of this module, students are expected to:
Familiarize in surveillance and undercover operation.
Identify the different method of surveillance and undercover operation.
1. What is surveillance?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. What is undercover operation?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. Enumerate and discuss the different types of surveillance.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4. Explain the don’ts in foot surveillance.
______________________________________________________________________________
______________________________________________________________________________
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
______________________________________________________________________________
______________________________________________________________________________
5. Explain the don’ts in undercover assignment.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
REFERENCES
PUBLISHED MATERIALS:
[Link] Galero – Muftuoglu, PhD, LIB (Ret). Fundamentals of criminal
investigation second edition (2017).
Jezreel B. Vicente, Jesster P. Eduardo, Marcelo G. Catalino, Sammy B.
Estoque, Rhescien Mae B. Vicente. Fundamentals of criminal investigation
second edition (2016)
Roger Culiao Pacling. Fundamentals of criminal investigation mock-board
reviewer (2018)
CSupt. Mercedes A. Foranda (Ret) DPA, PhD, Dean. Ramil T. Alcon, RCrim,
PhD. Brethren, edition 2 (2022)
Bayani H. Salamanca, Sammy B. Estoque, Donabell O. Aclis. Police
intelligence and secret service, (2017)
ELECTRONIC SOURCES:
[Link]
[Link]
[Link]
[Link]
[Link]
[Link]
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CDI 1 – FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
[Link]
[Link]
[Link]
importance-of-documenting-the-procedure-used-to-preserve-crime-scenes-
138088/
[Link]
[Link]
[Link]
[Link]
[Link]
[Link]
[Link]
[Link]
84c3-0a33a24d0628/deck
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