Criminal Investigation

Course Information

• Course title: Criminal Investigation
• Course Instructor: PLTCOL JOEL C TUTTUH
• Course code: PSJLC CL 2024-03
• Institution: Police Regional Training Center 13

Historical Development of Criminal Investigation

• Spanish Colonial Period (1565-1898):
  • Introduced the Inquisition System.
  • Military, political, and religious leaders were responsible for law enforcement.
  • "Alguaciles" – form of criminal investigation through vigilantes who acted as police officers.
  • Focus on confession as a method of determining guilt through coercion.
• American Occupation (1898-1946):
  • Established the Constabulary as a centralized police force.
  • Modern police techniques introduced, including fingerprint and crime analysis.
• Post-War Period:
  • Continued adopting innovations in forensic science, including ballistics, DNA analysis, and polygraph testing.

Criminal Investigation: Purpose and Aims

• Collection of facts to accomplish three-fold aims:
  • Identify the guilty party.
  • Locate the guilty party.
  • Provide evidence of the guilty party's guilt.

Protocols in Investigation

• Protocol 1: Jurisdictional Investigation:

  • The police station with territorial jurisdiction of the crime incident is responsible for investigation, unless otherwise directed by higher authorities.

• Protocol 2: Official Police Blotter:

  • A hard-cover logbook recording daily crime events, arrests, and other significant occurrences.
  • Separate blotter for confidential offenses (e.g., violence against women and children, cases involving a child in conflict with the law).
  • The duty officer records five W's (who, what, where, when, and why) and one H (how).
  • Details of the incident, Case Disposition, aggravating or mitigating circumstances, and assigned officer (Officer-on-Case), and case status should be included.

• Protocol 3: Investigation Team:

  • Organization and Equipment:
    • Investigators must be graduates of a prescribed investigation course and have at least a rank of Police Corporal (previously PO2).
    • Team Composition:
      • Team Leader
      • Investigator/Recorder
      • Photographer
      • Evidence Custodian
      • Composite Illustrator/Artist
    • Equipment:
      • Police line
      • Video camera
      • Voice recorder
      • Camera
      • Measuring device
      • Gloves
      • Flashlight
      • Fingerprint kit
      • Evidence bag
      • Evidence tag
      • Evidence bottles/vials
      • Investigator's checklist, Anatomical Diagram Form, Evidence checklist, and Turn-Over Receipt,

• Protocol 4: Duties of the First Responder:

  • Validate information received.
  • Record time of arrival and details in a notebook, notifying the TOC (or appropriate authority).
  • Secure the crime scene (cordon off area with police line or similar materials).
  • Check for imminent danger and call for backup if necessary.
  • Identify and interview potential witnesses.
  • Arrest suspect(s) if present, notifying relevant authorities for dragnet operations.
  • Collect "Dying Declarations" of severely injured persons (need specific conditions on death imminence and consciousness).
  • Evacuate the wounded and account for persons involved.
  • Conduct preliminary investigation.
  • Brief investigator-on-case and turn over the scene.
  • Conduct inventory of evidence, and sign inventory receipt.

• Protocol 5: Duties and Responsibilities of Investigating Team:

  • Take full control of the scene, including searches, photography, sketching, lifting fingerprints, and marking physical evidence.
  • Chain of Custody - the evidence is transmitted to the crime laboratory
  • Interviews of witnesses
  • Gathering and evaluation of evidence
  • Follow-up of the case and documentation
  • Filing of appropriate charges
  • Establish a command post and designate a holding area.
    • Conduct a case conference with responders, SOCO, other law enforcement, and rescue personnel
    • Note any secondary crime scenes if required.
    • Release crime scene after investigation.

• Protocol 6: Investigation of Suspects:

  • Secure the arrested person (handcuffs at the back);
  • Inform the suspect of the reason for the arrest and constitutional rights;
  • Thoroughly search for weapons and illegal items;
  • Use reasonable force during arrest.
  • Document and mark confiscated evidence.
  • Transport the suspect to the police station for further investigation.
  • Booking Procedures: fingerprinting, photographing, medical examination (including liquor and drug tests), and record checks.

• Protocol 7: Taking of Sworn Statements of Suspects:

  • Suspect's waiver must be executed in the presence of the suspect's chosen counsel or an independent counsel.

• Protocol 8: Taking of Sworn Statements of Witnesses:

  • Take sworn statements from witnesses (or complaints) immediately.
  • Affidavits of arrest of arresting officers must be taken within 24 hours.
  • In inquest cases, observe Article 125 of the Revised Penal Code.

• Protocol 9: Preparation of Reports and Filing Charges:

  • Submit Spot Reports, Progress Reports, After Operation Reports, Final Reports (before filing with the Prosecutor's Office/Court), and Accomplishment Reports.

• Protocol 10: Procedure in the Release of Crime Scene:

  • Ensure appropriate inventory is recorded.
  • Release accomplished after final survey and proper documentation of evidence, witnesses, victim/s, and suspect/s.
  • Release to property owner witnessed by barangay official if scene is on private property.

• Protocol 11: Follow-Up of Case:

  • Conduct police operations to identify and apprehend suspects based from initial investigation results.

• Protocol 12: Preparation of Case Investigation Plan (CIPLAN):

  • The plan covers police operations in sensational cases, and high-profile or heinous crimes.

• Protocol 13: Attendance to Court Duties:

  • Investigator-on-case and arresting officers to ensure presence in court hearings.
  • COPs/Heads of Units supervise and verify witness attendance.

• Protocol 14: Uniform of the Investigator:

  • Wearing of prescribed uniforms to identify PNP personnel.

Tools of Investigators in Gathering Facts

• Information: Data gathered from other persons involving the victim and sources like public records, private records, and Modus Operandi files.
• Interview: Skillful questioning of witnesses and suspects.
• Instrumentation: Scientific examination of evidence, using instruments and methods from the physical sciences to detect crime.

Phases of Investigations

• Phase I: Identify the suspect(s).
  • Through confession, eyewitness testimony, circumstantial evidence, and association evidence.
• Phase II: Locate and apprehend suspects.
• Phase III: Gather and present evidence to establish the guilt of accused persons.

Interview and Interrogation Techniques

• Interview: Formal meeting between people to exchange information.
• Interrogation: Asking formal questions to uncover truth.
  • Different approaches (e.g., sympathetic, aggressive, indifferent).
• Witness: Person with personal knowledge of the incident from observation or hearing.
• Suspect: Person believed to have planned, participated in, committed, or had guilty knowledge of a crime.
• Admission: A partial acknowledgment of the offense by a suspect.
• Confession: A complete acknowledgment of guilt.
• Deception: Physical, emotional, or mental attempts to deceive an interrogator.
• Statement: Written or oral assertion of facts related to the investigation.
• Purpose and Use of Interview and Interrogation
  • Interview: to вопрос an individual believed to possess relevant information.
  • Interrogation: to obtain an admission or confession from a suspect. Key additional uses (according to Aubrey and Caputo (1980))
• Induce guilt admission from suspect.
• Eliminate suspects.
• Determine facts of crime and circumstance of crime.
• Determine details of the crime.
• Determine the identity of accomplices.
• Develop information leading to fruits of the crime, and other evidence;
• Discover details of other crimes and activities.
• Obtain location of illegal activities, such as hiding places of narcotics, firearms, or contraband;
• Obtain information for future interviews.
• Preparing for a polygraph test.
  • Unplanned Interrogation: Usually conducted by the apprehending officer; goal is implication of other individuals. Suspect is usually afraid, thus eliminating trust.
  • Planned Interrogation: Prepares days or weeks in advance; gives the investigator advantage, like serving the racquetball; goal is typically implication of others, but can also elicit admissions or confessions. Key things to consider during a planned interrogation:
• Establish goals
• Thoroughly familiarize oneself with the case facts.
• Interview the initial investigators at the scene (to gather information and to learn the general mood and surroundings).
• Properly assess the legal ramifications of the interrogation, and make necessary legal arrangements
• Ensure necessary information has been gathered (from the victim, witnesses, other suspects);

Standard Methods of Recording Investigative Data

• Photography
• Sketching crime scenes
• Written notes (observations)
• Fingerprint development and lifting from crime scene
• Gathering physical evidence
• Plaster cast
• Tape recording of sounds
• Videotape recording of objects and individuals
• Written statements of subjects and witnesses

Test your knowledge on police investigation procedures, including the Case Investigation Plan, roles of investigators, and required equipment. This quiz assesses understanding of the various phases of an investigation and what investigators should document. Perfect for law enforcement professionals and students in criminal justice.