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C D I

Crime Detection and Investigation


Genzy P. Llorito, Rcrim
Top 2 – October 2016
MS Criminology-On Going – Holy Trinity College-Gen. Santos City
BS Criminology-Magna Cum Laude – Sultan Kudarat State University-Tacurong City
COVERAGE:

1. Fundamentals of Criminal Investigation (3.5%)


2. Organized Crime Investigation (2.0%)
3. Drug Education and Vice Control (3.0%)
4. Special Crime Investigation (2.0%)
5. Traffic Mngt. & Accident Investigation (2.5%)
6. Fire Technology and Arson Investigation(2.0%)
Fundamentals
of Criminal Investigation
Etymologically, the word
investigation came from the Latin
word “investigare”, which means?
a.To trace
b.To find
c.To follow
d.To hide
INVESTIGATION

- Investigare or Vestigare meaning to track


or trace, a derivation easily related to police
investigation.

a patient, step-by-step inquiry or


observation, a careful examination, a
recording of evidence or a legal inquiry.
Criminal Investigation
- is an official effort to uncover information
about a crime.
Elements of Crime:
Situation:
FORCE CHANCE
compelling or TIME
a person to present to act
act

CRIME
MEANS used/to be used to act
Modes of Investigation

REACTIVE MODE
- addresses crimes that already happened
or occurred.

PROACTIVE MODE
- Identifies and arrests suspects before
crime will happen.
ELEMENTS OF CRIMINAL INVESTIGATION
1. Recognition
- Identifying data significant to the case.
2. Collection
- Gathering the identified data or facts
3.Preservation
- Keeping the collected pieces of evidence in their
true and original form, uncontaminated and prevent loss
of their substantive value.
4. Evaluation
- Determining the probative value of the evidence
5. Presentation
- Presenting facts and information about the
validity and truthfulness of evidence
Criminal Investigation
- refers to a collection of methods by which
crimes are studied and criminals arrested.

Three-fold Aims/Phases of Investigation:

Phase 1. Identify the Offender

Phase 2. Locate the Offender

Phase 3. Provide Evidence of his guilt in


Criminal Proceeding
Phase 1 - Identify the Suspect
Phase 1 - Identify the Suspect

Through:
a. Identification by Confession or Admission by the
Offender Himself
Confession Admission
An expressed Any act, assertion, or
acknowledgement by the statement made by a party to an
accused in a criminal case of the action that is offered as evidence
truth of his guilt as to the crime against that party by the
charged, or of some essential opponent
thereof

“Statement of Guilt” “Statement of Fact”


Kinds of Confession
1) EXTRA JUDICIAL CONFESSION
 Confession made outside the court during
preliminary investigation before trial

Types of Extra Judicial Confession


1. Voluntary – the accused made the declaration of
his guilt:
a. in his own freewill;
b. without the influence of others; or
c. given not as a result of force or intimidation
2. Involuntary – person made the statement of his guilt on
consonance of the first type (Voluntary)
2) JUDICIAL CONFESSION
 Confession made inside the court during trial
 Usually voluntary and therefore admissible as evidence in
court
 and it must be:
 Undertaken in writing;
 Executed while the person is under oath;
 Written in a language understood by the accused;
 Voluntary and freely given by the accused; and
 Taken while in the presence of counsel chosen by the
accused
Phase 1 - Identify the Suspect

Through:
a. Identification by Confession or Admission by the
Offender Himself
b. Identification by Eyewitness testimony
Accuracy identification by eye witness accounts
would depend on the following factors:
1. The ability of the witness to remember the distinct
appearance of the suspect
2. The prevailing conditions of observation and the
visibility when the crime is committed
3. The lapse of time between the crime commission and
the identification process
Three Methods by Witness Identification:

1.By means of Verbal Description


- relies or depends on the ability of
the witness to clearly describe and to
narrate the participation of the suspect
with that of the crime.
A.Facial Characteristics
B.Color
C.Size
D.Body Built
By means of Rogue Gallery (Allan Pinkerton)
- identification by photographic file
- contains data base of photographs of known
criminals
By means of Police Line-up
- witness must select in a group of seven (7) to ten (10)
persons the suspect
- the objective is to eliminate the power of suggestion
What is Deposition?
• A testimony of a witness reduced in writing under
oath or affirmation, before a person empowered to
administer the oath, in answer to interrogatories and
cross interrogations submitted by the party desiring
the deposition
• To take the testimony of the witness who will be at a
prohibitive distance from the scene of the trial or he
will not be able to testify in person at the trial
• It should be taken by an attorney and not by the
investigator
Phase 1 - Identify the Suspect

Through:
a.Identification by Confession or Admission
by the Offender Himself
b. Identification by Eyewitness testimony
c. Identification by Evidence
Circumstantial Evidence

• is also known as indirect evidence


• relates to series of facts other than the particular fact
sought to be proved
• information and testimony presented by a party in a
civil or criminal action that permit conclusions that
indirectly establish the existence or nonexistence of a
fact or event that the party seeks to prove
Circumstantial Evidence may derive from:
• Motive
- an emotion, desire, physiological need, or similar
impulse that acts as an incitement to action
- a reason for doing something, esp. one that is hidden
or not obvious

• Opportunity
- refers to the physical possibility, likelihood or chance
that the suspect has committed the crime
- it may inferred from the following:
a. suspect within the vicinity of the crime scene at
the time of its commission;
b. awareness of the criminal objective; and
c. absence of an alibi or excuse on the part of the
suspect
• Intent
- purpose to use a particular means to effect a result
- presumed from the commission of an unlawful act
- assumes the exercise of freedom and the used of
intelligence
Associative Evidence
• originates from contact between:
1. people
2. objects
3. people and objects

• can be used to provide links between evidence


and individuals involved in a crime

• may be sufficient to prove the contact


Phase 1 - Identify the Suspect

Through:
a.Identification by Confession or Admission
by the Offender Himself
b. Identification by Eyewitness testimony
c. Identification by Evidence
d. Identification by Modus Operandi
Modus Operandi
devised by Major General Lewely
Atcherly it operates in the theory “That it is
human nature that personal habits and
mannerism do not change easily by remains
with the individual for years”.

-it signifies the pattern/method of


operation or the distinct manner of how
crimes are committed by known criminals.
Phase 2. Locate the Offender
Phase 2. Locate the Offender

Thru:
1. Informants
• Ordinary • Voluntary
• Mercenary • False
• Rival Elimination • Self-Aggrandizing
• Double Crosser • Frightened
Phase 2. Locate the Offender

Thru:
1. Informants
2. Surveillance
-a disguised or secret observation of
places, persons and vehicles for the purpose of
obtaining information concerning the
movement, identity and activities of known
criminals and their associates
SURVEILLANCE
• Surveillance involves covert (discreet, disguised,
secret, clandestine) observation of persons, places,
and things for the purpose of obtaining information
concerning the identities and/ or activities of
suspected criminals.
• A surveillant refers to a person who maintains the
secret observation over a subject which is either in the
form of person, place or thing.
Phase 2. Locate the Offender

Thru:
1. Informants
2. Surveillance
3. Undercover Operations
SCOPE OF UNDERCOVER OPERATION

Involved collection of information to


support investigative law enforcement actions,
counter-intelligence operations, and other intro-
based management.

Information obtained in Undercover


operations shall be treated as “leads only”
for further case build up or basis for further
evidence-gathering.
Phase 3. Provide Evidence of his guilt
in Criminal Proceeding
Phase 3. Provide Evidence of his guilt in
Criminal Proceeding

1. Evidences which will establish the element of


proof of the crime was committed(Corpus
Delicti);
2. Evidences which may serve to trace the
criminal(Tracing&Associative); and
3. Evidences which may tend to establish the
pattern or modus operandi of the criminal
CRIME SCENE
a venue or place where the alleged
crime/incident/event has been committed.
Location where the offense was
committed
May include surrounding areas where
evidence may be located
CLASSIFICATION OF CRIME SCENES
ACCORDING TO THE LOCATION OF THE
ORIGINAL CRIMINAL ACTIVITY

1. Primary Crime Scene – this classification of the


crime scene labels the site of the original or first
criminal activity

2. Secondary Crime Scene – any subsequent crime


scenes are termed as secondary crime scene
As to Time of Commission

Daytime Crime Scene


- crime committed from sunrise to
sunset.

Nighttime Crime Scene


- crime committed from sunset to
sunrise
CLASSIFICATION OF CRIME SCENES IS
BASED ON THE SIZE
1. Single Macroscopic Crime Scene – is composed of many crime
scenes

For example, a gunshot victim’s body dumped in a field represents


the following crime scenes within the overall crime scene of the
field: the body, the body’s wounds, and the ground around the body.

2. Microscopic Crime Scene – is more focused on the specific


types of physical evidence found at macroscopic crime scenes

The microscopic crime scenes are the trace evidence on the body,
the gunshot residue around the wound, and the tire tread marks in
the ground next to the body.
Methods of Crime Scene Search

1. Strip Search Method


-searchers proceed simultaneously
along the trail parallel to one side of a
rectangle. At the end of the area, the
searchers turn and proceed back along
new trail but parallel to the first
movement.
2. Double Strip Method
-Grid method.
- the rectangle is traversed first
parallel to the base the parallel to the side.
3. Spiral Search Method
-Searchers follow each other along
the path of a spiral, beginning on the
outside and spiralling in towards the
center.
4. Zone Search Method

In this method, one searcher is


assigned to each subdivision of a quadrant,
and then each quadrant is cut into another
set of quadrants.
5. Wheel Search Method

In this method, the area is considered


to be approximately circular and the
searchers gather in the center and proceed
outward along radii or spokes.
Company files, Police files & records
from civic spirited citizens are
classified as:

a. Information
b. Information from cultivated sources
c. Information from regular sources
d. Confidential information
These are information coming from the underworld
people such as criminals, prisoners or ex convicts.
a. Classified
b. Grapevine
c. Cultivated
d. Regular

Information furnished by informants or informers is


classified as:
a. Cultivated
b. Grapevine
c. Regular
d. Natural
TOOLS OF CRIMINAL INVESTIGATION (3 I’s)
1. INFORMATION
 Data gather by the investigator:
 Public Records
 Private Records
 Modus Operandi Files

Government/Public Records- Police files, NBI files,


Bureau of Immigration files, Comelec files, files from
the local jails, National penitentiaries & other
government agencies.
Private Records- from private offices & business &
non-government organizations.
INFORMATION CLASSIFIED AS TO SOURCES:

Regular sources- records, files from government or non-


government agencies and news items, intercepted radio or
telephone messages and stored computer data.

Cultivated sources- information furnished by informants


or informers.

Grapevines sources- information coming from the


underworld characters such as prisoners or ex-convicts.
Considered as the ―cardinal points
to be answered in the course of
investigation.

a. 6 W‘s and 1H
b. 5 W‘s and 1H
c. 3 W‘s and 2H
d. 4 W‘s and 1H
Six Cardinal Points of Investigation

1.When was the crime committed?


2.Where was the crime committed?
3.Who committed the crime?
4.What specific offense has been committed?
5.Why it was committed?
6.How the crime was committed?
The forceful and intelligent
questioning of one who is reluctant to
divulge information.

a. Interview
b. Information
c. Interrogation
d. Persuasion
2. INTERROGATION/INTERVIEW

Interrogation
 Skillful questioning of hostile witnesses and suspects.

Interrogation Techniques and Aproaches

Friendly Approach

Mutt and Jeff Technique

Sympathetic Approach

Anxiety Approach
2. INTERROGATION
 Skillful questioning of hostile witnesses and suspects.

Interrogation Techniques and Aproaches

Exaggerating Fear

Pleading to a Lesser Offense

Line Up Method

Split Pair Method

Reverse Line Up Method


Interview
- is the simple questioning of persons suspected of having direct
or indirect involvement in the crime being investigated.

THREE STAGES OF INTERVIEW


1. PRELIMINARY INTERVIEW: This is the initial questioning of a
subject. It is usually conducted at the crime scene thought it may be
carried out also the subject’s home or workplace.

2. FOLLOW-UP INTERVIEW: This is the 2nd or succeeding


questioning:
to obtain further into that was missed during the 1st questioning
clarifying data that has been already gathered

3. FINAL INTERVIEW: This is the last questioning that may lead to


the act of offering a witness to testify in court during trial.
General Kinds of Interview

Cognitive Interview
-conducted for willing witnesses, where they
are given the opportunity to narrate their accounts
without intervention, interruption, and interference
from the interviewer.

Question and Answer


-the interviewee is required to answer on
what he/she knows about what is being asked.
Classes of Interviewees
• Children
- flights of imagination
• Young Persons
- inclined to be truthful but their testimonies are not strengthened
by great power of observation
• Middle-Aged Person
- keenly aware of his fellow beings and often ideal witness
• Older Person
- physical impairment and a tendency to regress into self pre-
occupation
Classification of Subjects:
• Boasting Type
Those who tend to exaggerate facts concerning case and
would certainly draw attention to his significance.
Approach: The interviewer should be patient and use
flattery due to the fact that they are good witnesses.

• Deceitful Type
They tend to tell lies during conduct of the interview.
Approach: Allow them to talk freely to establish falsehood.

• Disinterested Type
They are indifferent, apathetic and unresponsive.
Approach: they should be stimulated make them aware that
they are important to solve the case
Classification of Subjects:
• Honest Type
-Those who are cooperative and useful witnesses.
-most helpful

• Know-nothing Type
They are reluctant and unwilling to serve as witnesses.
Approach: intensive but warm and persistent
questioning be employed.

• Talkative Type
They tend to dominate the interview.
Approach: Direct or shift their energy toward facts
and matters useful to the case.
Classification of Subjects:
• Timid Type
They are apprehensive, shy and fearful to give
information.
Approach: Impart to them the confidentiality of their
identity and will be protected by law.

• Suspicious Type
They are dominated by fear and worry.
Approach: Use psychological pressure to develop in
their mind that non-cooperation would be
disadvantageous to them and would get them into
trouble with the police authorities.
3. INSTRUMENTATION

 Scientific examination of real evidence


Application of instrument
Methods of physical science in detecting
crimes
Articles and materials which are found in
connection with an investigation and which help
in establishing the identity of the perpetrator or
the circumstances under which the crime was
committed or which in general, assist in the
prosecution of the criminal.

a. physical evidence
c. tracing evidence
b. circumstantial evidence
d. associative evidence
Evidence
-means, sanctioned by law , of ascertaining
in a judicial proceeding the truth respecting a
matter of fact.
- any material which tends to persuade the
court of the truth or probability of some facts
asserted before it.
Types of Evidence In CI
1. Physical Evidence(Object/Autoptic/Real)
2. Testimonial Evidence
3. Documentary Evidence
Legal Classification of Evidence

a. Depending on Ability to Establish Facts

1.Direct Evidence –proves without the aid of


inference or presumption/Actual Point of
Issue

2.Circumstantial Evidence
b. Degree of its Value

1. Prima Facie – suffices for the proof of a particular


fact unless contradicted by other evidence

2. Conclusive – incontrovertible/one which the law


does not allow to be contradicted.

3. Corroborative – evidence of different kind and


character tends to prove the same proposition.

4. Cumulative – evidence of the same kind and


character tends to prove the same proposition.
c. Depending on its Weight and Acceptability

1.Primary or Best
– greatest certainty of the fact in
question

2.Secondary or Substitutionary
– inferior to Primary Evidence and
admissible only in the absence of the latter.
d. Depending on its Nature

1. Object – addressed to the senses of the court, capable


of being exhibited.
2. Documentary – supplied by written
instruments/symbols/Letters by which ideas are
presented
3. Testimonial – verbal or oral (Narration&Disposition)
4. Positive – exists if the witness affirms that a fact did or
did not occur. (Presence/Absence of Facts)
5. Negative – exists if the witness states that he/she did
not see of know the occurrence of a fact.(Disclaimer of
Personal Knowledge)
e. Depending on its Quality

1.Relevant –nit has relation to the fact in


issue
2.Material – tends to prove the fact
3.Admissible – not excluded by the Rules
of Court (Relevant)
4.Credible – an evidence is credible if it is
not only admissible evidence but also
believable and used by the court in
deciding cases.
TYPES OF PHYSICAL EVIDENCE

Physical Evidence may be defined as any


material which can be used to link a suspect, a
weapon or a scene. Physical evidence falls into
two main categories:
1. Biological
2. Non-biological
Biological Evidence
- most commonly encountered by the medical
examiner/investigator. Examples of these are:
a. Blood
b. Semen
c. Hair
d. Tissue
e. Fingernails
f. Bite marks
g. Saliva
Non-biological Evidence
-more varied and can be virtually any item.
The most common forms that will be encountered by
the medical examiner/investigator are the following:
a. Clothing
b. Bullets/shotgun pellets/wadding
c. Fibers
d. Paint
e. Glass
f. Soil
g. Weapon
PROCEDURES FOR COLLECTION OF PHYSICAL EVIDENCE

Fingerprint Impressions

 If found in small articles and items such as


pieces of paper they should be handled with
tongs and stored in envelope.
 If found on bottles and glass they should be
placed on boxes with pegs so as not to destroy
the impression.
 If found in immovable objects the
markings should be carefully dusted and
lifted.
Fire Arms, Tools and Knives

These articles may be handled and lifted out


of the crimes scene by using a piece of string, and
be placed in either a box or a large envelop.

Fired Cartridges and Bullets

If recovered in the crime scene, it is to be


stored in small boxes with a piece of cotton
inside.
Hairs and Fibers

they may be lifted by using forceps and placed


or store in pillboxes or small envelops.

Seminal Fluid

If moist and still in liquid state it should be


collected by means of medicine dropper and placed
in a clean vial.
If dried or found as stain the garment where it
is located may be taken and placed in an envelop
Blood

If it is in fluid state, it may be taken out of


the crimes scene by using a medicine dropper
and placing it in a clean vial where a saline
solution is added so as to preserve it.
If found as stain or dried, blood stain is cut
along with the cloth and placed in an
envelop(whenever possible the whole garment
may be taken for evidentiary purposes).
Soil, Dirt, Filings and Fragments

These materials are to be placed separately


in containers such as envelop, small boxes, or
pill boxes.

Paint

Specifically found on vehicles in hit and


run cases, it is to be removed from the vehicle
by means of scraping it using a scalpel and
placing it in an envelop.
Are all physical evidence found and collected at
the crime scene to be transported to the Crime
Laboratory?

a. Yes, because they were collected for examination.


b. Yes, because the investigator is not allowed to take
custody of evidence.
c. No, because the SOCO Team has no authority to bring
the evidence to the Crime Laboratory if the investigator
did not request.
d. No, only those which require further laboratory
examination will be transported.
Crime Scene Investigation Proper

• Receipt of briefing and designation of command


post
• Initiation of Preliminary Survey
• Preparation of Narrative Report
• Documentation of the Crime Scene
• Crime Scene Sketches
• Detailed Search
• Collection of Physical Evidence
• Conduct of Final Survey
• Release of the Crime Scene
Methods of Preserving Evidence

Photography - Documentation
•Environmental Photograph
•Overall Photograph
•Photograph of the Body
•Photograph of Evidences
•Photograph of the search and
collection of evidence
Kinds of Photograph at the Crime Scene

Over-all or Long-range Photographs


- Photos that show the general view of a Crime
Scene. Carried in clockwise, taking four-general view
photographs.
Mid-range Photographs
- Photographs taken from 8 to 10 feet from
subject; Photograph that show the general view
of a subject/object in a crime scene.
Close-up-range Photographs
- Photos that show details of a
subject.
SKETCH
- a graphic representation of the scene of the
crime, with complete measurements or
relative distances of relevant objects and
conditions obtaining therein.
GENERAL KINDS OF SKETCH

• ROUGH SKETCH – on crime scene


- approximate scale and proportion
- basis for Finish Sketch
FINISH SKETCH – for court presentation
- proper scale and proportion
OUTLINE SKETCH – interview aid
- dimension and shapes of the
crime scene
Reconstruction of the Crime
The determination of the actual appearance of the
crime scene and its physical evidence of what actually
occurred and, what are the circumstances of a crime.

Kinds of Reconstruction:
Physical Reconstruction:
The physical appearance of the crime scene is
reconstruction from the description of witnesses and the
indication of the physical evidence.
Mental Reconstruction:
Theorized and developed by the investigator based
on the accounts of witnesses.
RECONSTRUCTING THE CRIME

Approaches:
1. Deductive Approach: This approach entails
immediate assumption of a theory followed by
collection of factors or information to prove or
disapprove the initial theory.

2. Inductive Approach: This technique requires


the process of collecting information first. Analysis
and evaluation of collected information will follow
before a theory is developed.
STEPS TO A SCIENTIFIC CRIME SCENE RECONSTRUCTION

RECOGNITION
Scene Survey

IDENTIFICATION

Documentation, Collection and Preservation

INDIVIDUALIZATION
Comparison and Evaluation

RECONSTRUCTION

Interpretation, Reporting and Presentation


As the first officer to arrive at a crime
scene, you must locate and identify the person
who first notified the police for interview. What
kind of information can you gather from this
person?

A. Pattern
B. Lead
C. Theory
D. Tip
• PATTERN
-Refers to a series of similarities that
may link particular cases or indicate that the
same person is committing a series of crimes.
Pattern could include time of day, day of the
week, description of the subjects, MO, type
of weapon being used, type of victim,
location and other variables
• TIPS
-Specifically refer to leads
provided by citizens that aid in the
progress of an investigation.
Generally, tips involved the identity
of the suspect.
• THEORIES
-are beliefs regarding the case based on the
evidence, patterns, leads, tips, and other
information developed or uncovered in a case.
Theories are important because they direct the
investigation. Detectives have to be very careful
in building theories about a case, because if the
theory is wrong, it may lead them in the wrong
direction.
• LEADS
-are clues or pieces of information that aid
in the progress of an investigation. Leads can be
physically evidence of information received by
witnesses or other persons of through
surveillances, undercover investigations, and
record searches. A lead is anything that can assist
an investigator in resolving an investigation.
Duties of the First Responder

a. Proceed to the crime scene to validate the


information received

b. Record the exact time of arrival and all


pertinent data regarding the incident in his issued
pocket notebook and notify the TOC

c. Cordon off the area and secure the crime scene


with a police line or whatever available material
like ropes, straws or human as barricade to
preserve its integrity
d. Check whether the situation still poses
imminent danger and call for back up if necessary

e. Identify possible witnesses and conduct


preliminary interview and ensure their availability
for the incoming investigator-on-case

f. Arrest the suspect/s if around or in instances


wherein the suspect/s is fleeing, make appropriate
notification for dragnet operations
g. Prepare to take the “Dying Declaration” of severely
injured persons with the following requisites:

1. That death is imminent and the declarant is conscious


of that fact
2. That the declaration refers to the cause and
surrounding circumstances of such death
3. That the declaration relates to facts which the victim
is competent to testify to
4. That the declaration is offered in a case wherein the
declarant’s death is the subject of the inquiry. (Section
37, Rule 130 of the Rules of Court)
h. Evacuate the wounded to the nearest hospital using
emergency services

i. Account for the killed, wounded and arrested


persons for proper disposition

j. Conduct initial investigation

k. Brief the investigator-on-case upon arrival and turn


over the crime scene

l. Conduct inventory on the evidence taken at the crime


scene; Inventory receipt should be properly signed by
the first responder, SOCO and the investigator
P - Proceed to the Crime Scene PROMPTLY
R - Render Assistance to Injured party
E - Effect Arrest of the criminal
L - Locate and identify witnesses
I - Interview complainant, victim, witnesses
M - Maintain the integrity of the crime scene
I - Interrogate suspects
N - Note conditions, events and remarks
A - Arrange for collection of evidence
R -Report the entire incident fully and
accurately
Y -Yield responsibility to follow-up
investigator of superior officer
PO2 Santino is the first officer to arrive at the scene of a
shooting incident. He saw the victim lying on the
pavement sustaining multiple gunshot wounds, but still
moving. What is the proper course of action he should
take?

a. Cordon the area and wait for the SOCO Team to arrive.
b. Ask the desk officer to proceed to the crime scene and
assist him with the situation.
c. Call the investigator and inquire about his decision
concerning the victim.
d. Evacuate the victim and bring him to the nearest
hospital
In-charged with carrying the task
to accomplished the three-aim fold of
investigation.

a. Investigators
b. Prima Facie
c. Criminal investigation
d. Crime Lab
Duties and responsibilities of the Investigating Team

a. Take full control of the crime scene to include the


conduct of crime scene search; taking of photographs;
making sketches; lifting of fingerprints; markings of
physical evidence; (Chain of custody) the transmittal
of evidence to crime laboratory; interview of
witnesses; gathering and evaluation of evidence;
follow-up of the case and the documentation and
filing of appropriate charges in court.

b. Establish a command post in the immediate vicinity of


the crime scene
c. Designate a holding area in the immediate
vicinity of the crime scene (for the media, VIP‟s
and other personalities present)

d. Conduct case conference with the first


responder, SOCO, other law enforcers and rescue
personnel

e. Note any secondary crime scene (if situation


requires)

f. Release the crime scene after investigation


As a designated investigator to
interview a throng of witnesses,
what will you do to obtain
information from them??
Investigation Team: Organization and
Equipment
a. All investigators in any police unit must be a
graduate of prescribed investigation course with a
rank of at least PO2 (pre-requisite to assignment).

b. Composition:
1. Team Leader
2. Investigator/Recorder
3. Photographer
4. Evidence Custodian
5. Composite Illustrator/Artist
During a custodial investigation,
Jayson was subjected to physical harm
by continuously kicking and punching
him in the stomach so that the same
may confess.
a. Coercion
b. Physical torture
c. Duress
d. Verbal threats
CUSTODIAL INVESTIGATION

Investigation conducted by law


enforcement officers after a person has
been arrested or deprived of his freedom of
action.

It includes invitation to a person who


is being investigated in connection with an
offense. (Suspected)
A person is merely invited
to the Police Station, may it be
considered custodial
investigation?
A. Yes
B. No
C. Neither
D. Either
117
UC-CCJE REVIEW CENTER 8/28/2019
The questioning of a suspect
while on board the police patrol jeep
on the way to the Police Station, does it
constitutes custodial investigation?
A. Yes
B. No
C. Neither
D. Either
118
UC-CCJE REVIEW CENTER 8/28/2019
Suppose the questioning is
done along the highway going to
the police station, does it
constitute custodial investigation?
A. Yes
B. No

119
UC-CCJE REVIEW CENTER 8/28/2019
What is Arrest???
-Is the actual restraint of the person
to be arrested or y his submission to the
custody of the person making the arrest.
-Should be made only on the basis of
a valid warrant of Arrest.
-served on any day at any time of the
Exemption:
day or night Citizen’s Arrest /
Warrantless
-executed Arrest
within ten (10) days from
receipt of order
ART. 125
Periods of Delivering an arrested person to proper
authority:

12 hours ---------Light Penalties


18 hours ---------Correctional Penalties
36 hours ---------Afflictive/Capital Penalties

Use of Force in making an arrest


1.No resistance---Use no force
2.Resistance ----Use Reasonable Force
3.Threat to officer’s life ---Use deadly force
Alias Warrant
refers to warrant of arrest issued by the judge
to the peace officer after returning the original
warrant after the lapse of the Ten Day validity
Period.

John Doe Warrant


a warrant containing no specific person to be
arrested but only descriptions based on the
testimonies of the victim/s or the witness/es.
Search Warrant
- an order in writing by the court,
signed by the judge in the name of the
People of the Philippines, and directed to a
peace officer commanding him/her to
search for personal property and bring it
before the court.
- 10 days
- a need of witness in execution
Warrantless Search:

a. Search incidental to lawful arrest


b.Search in violation of Tariff and Custom
Laws
c. Plain View Doctrine
d.Search of Moving Vehicles
e. Inspection of buildings for Fire and Sanitary
regulations
f. Consented Search
g.Frisk Search
Is there any way that evidence
obtained from unreasonable seizure
be admissible as evidence in court?

YES!
Thru:

• Inevitable-Discovery Doctrine
• Good-Faith Doctrine/LEON
TYPES OF SEARCH
• WALL SEARCH
The initial purpose of using the search is to
place the support 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.
• STANDING SEARCH
Instruct the suspect to raise his hand
above or behind his head with his feet
speared apart as far as possible. In some
situations, this is not recommended because
some suspects could still maintain their
balance.
• KNEELING SEARCH
Require the suspect to kneel on the
ground with hands raise over or behind his
head. Note that some suspects could still
make counter actions against the arresting
officer even if they are assuming
• PRONE SEARCH
The suspect in this search lies on his
stomach with arms and legs outstretched.
One disadvantages of this search is that
suspect’s frontal areas cannot be searched
properly. This type of search can be
dangerous if the subject has knowledge of
judo.
Jurisdictional Investigation

The Police Station, which has territorial


jurisdiction of the area where the crime
incident was committed, shall immediately
undertake the necessary investigation and
processing of the crime scene, unless otherwise
directed by higher authorities for a certain case
to be investigated by other units/agency.
It involves a number of persons who might
have handled evidence between the time of the
commission of the alleged offense and the
disposition of the case, should be kept to a
minimum.

a. chain of command
b. evidence tracking
c. chain of custody
d. tracing evidence
Chain of Custody

• A list of all persons who came into possession of an item of


evidence, continuity of possession, or the chain of custody,
must be established whenever evidence is presented in court as
an exhibit.
• Adherence to standard procedures in recording the location of
evidence, marking it for identification, and properly
completing evidence submission forms for laboratory analysis
is critical to chain of custody.
• Every person who handled or examined the evidence and
where it is at all times must be accounted for.
• As a rule, all seized evidence must be in the custody of the
evidence custodian and deposited in the evidence room or
designated place for safekeeping.
CHAIN OF CUSTODY
(Change of Possession)
Evidence – Seal,
Markings,
Crime Scene
Evidence Log

Evidence Collector (Officer on Case)


Letter Request

Crime Laboratory Result Evidence Custodian

Court Presentation Court order


(Subpoena)
Standard Procedure (Handling of Evidence)

Follow MAC Rule

M------Do not MUTILATE evidences

A-------Do not ALTER evidences

C-------Do not CONTAMINATE evidences


Such facts and circumstances that
would lead a reasonably discreet and prudent
man to believe that an offense has been
committed and that the object sought in
connection with the offense are in the place
sought to be searched.

a. prima facie evidence


b.prejudicial question
c. probable cause
d.res ipsa loquitur
Which of the foregoing is the subject
matter of criminal investigation?

A. Felony or offense punishable by law


B. Felony punishable by law
C. Offense punishable by law
D. A complain by the offender party
He was the most thief catcher. His
methods made popular the logic of “employing
a thief to catch a thief.”

a. JONATHAN WILD
b. HENRY FIELDING
c. SIR ROBERT PEEL
d. ALLAN PINKERTON
Which of the foregoing will save
the investigator from ssubsequent
allegations of tampering, theft, planting
and contamination of evidence?
A. Walk through
B. Search
C. Chain of Custody
D. Inquest
Which of the following do not belong
to the group?

A. Stolen Property
B. Blood
C. Hair
D. Fingerprint

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