Fundamentals of Investigation and Intelligence PDF

**MODULE on** **Fundamentals of Investigation** **and Intelligence** **CHAPTER 1:** **INTRODUCTION TO CRIMINAL INVESTIGATION** **Introduction:** A criminal investigation is usually conducted by law enforcement officers who has responsibility to identify, collect, and gather pieces of evidence...

**MODULE on** **Fundamentals of Investigation** **and Intelligence** **CHAPTER 1:** **INTRODUCTION TO CRIMINAL INVESTIGATION** **Introduction:** A criminal investigation is usually conducted by law enforcement officers who has responsibility to identify, collect, and gather pieces of evidence at the crime scene for a specific purpose. A criminal investigator looks for clues and evidence to determine whether a crime has been committed or taken place. If a crime has been committed, the investigators shall establish the three-fold aim of investigation, that is: 1. To identify the guilty party; 2. To locate the guilty party; and 3. Provide evidence of his guilt. **The Etymology of Criminal Investigation** The word investigation came from the old French *investigacion* which means "a searching into" and from Latin word "investigationem" which means "a searching for". Investigation therefore refers to searching into either individual or properties. **The Criminal Investigation** Criminal Investigation refers to the collection of facts to accomplish the three-fold aim: to identify the guilty part, to locate the guilty party, and to provide evidence for his guilt through criminal proceedings. Criminal Investigator is a law enforcement officer who are trained, disciplined and experienced to conduct criminal investigation and the one who carry the objectives of criminal investigation. The investigator is sometimes called the superstar in the process of investigation in which all instances investigator uses his discretion- the wise use of judgement. When to investigate? The police officer initially conducts investigation when one of the following occur: 1. Complaint filed 2. Crime committed or crime is in progress 3. Drug related offense 4. Traffic accident 5. Operation of organized crime 6. Suspect is under arrest and detention 7. Suspect is at large and or fugitive from justice 8. Cases from the Katarungang Barangay with issued Certificate to File Action **"At Large"** means the suspect is not under arrest or detention not being a wanted person in the eyes of the Law, and therefore cannot be lawfully arrested without a warrant. However, in the case of a hot pursuit, the elements hereto may be applied. **"Fugitive from justice"** this is obtained when an individual who, after having committed a criminal offense, leaves the jurisdiction of the court where such crime has taken place or hides within such jurisdiction to escape prosecution. Is necessarily an escapee from detention or a escaped prisoner while serving a final judgement rendered by a court of competent jurisdiction who can be legally arrested \[Para C, Sec 5, Rule 113, ROC\] without the necessity of a warrant of arrest. **As a general rule:** in all criminal investigation or proceedings probable cause must be well established. Without probable cause, police cannot arrest a person nor avail the issuance of warrant of arrest. **Probable Cause:** means the facts and circumstances that would endanger a well-grounded belief that a crime has been committed and the person to be arrested has committed it. **PHASES OF CRIMINAL INVESTIGATION** 1. The identification of criminal. 2. The criminal is traced, located, and arrested. 3. The pieces of evidence to prove the guilt of the accused are gathered. 4. Pieces of evidence are presented in court. **THE CONCEPT OF CRIMINAL INVESTIGATION AS AN ART AND SCIENCE** **\~** Criminal Investigation is an ancient science that may have roots as far back as 1700 BC. **GOALS OF CRIMINAL INVESTIGATION** 1. To determine if a crime has been committed. 2. To legally obtain information or evidence \[otherwise, fruit of poisonous tree\] 3. To identify persons involved \[suspects/ victims/ witnesses\]. 4. To arrest suspects. 5. To recover stolen properties. 6. To present the best possible case to the prosecutor. **IMPORTANCE OR CRIMINAL INVESTIGATIONS** 1. It provides facts of a crime and provided with solutions. 2. It helps the five pillars of the Criminal justice System in recognizing and identifying criminal and provide justice to offended party, offender \[as the case may be\], and in promoting social justice. 3. An aid in enforcing the laws and the protection of lives and properties. **As a general rule,** all crime must be recorded in the official police blotter -- 18" x 12" logbook that contains the daily registry of all crime incidents reports, official summary of arrest, and other significant events reported in the police station. **CHARACTERISTICS OF AN INVESTIGATOR** 1. **KNOWLEDGEABLE**, this refers to the investigator who exhibit understanding about crime, evidence, law, to include the suspect and the victim. 2. **PERSEVERANCE**, refers to the steadfastness, persistence, and resolution to bring the desired conclusion in spite of obstacles connected with criminal investigation. 3. **ENDURANCE**, this refers to the ability of the investigator to withstand hardship in the conduct of investigation to include the ability to last physically and mentally. 4. **HONESTY AND INTEGRITY**, the investigator must always observe moral convictions of doing the right thong in all circumstances. There is the ever temptation of money, women, and drinks, etc., that influence the result of investigation. 5. **THE INTELLIGENCE AND WISDOM OF SOLOMON**, this is very important in order that the investigator could easily decipher falsehood from truth and separate the gain from the chaff as King Solomon did when he settled disputes of child's ownership between two mothers. 6. **ACTING ABILITY**, it is the ability to go down to the level of the subject \[minor, the prostitute, or the slum dwellers, or the level of the other professionals or the members of the elite\]. 7. **GOOD IN ORAL AND WRITTEN COMMUNICATION**, this is the ability of the investigator as he mingles with the community to include in making concise report. 8. **THE KEEN POWER OF OBSERVATION AND DESCRIPTION**, this are very important in crime scene investigation and in interview and interrogation. 9. **COURAGE**, it is the moral fortitude \[strength\] to tell the truth no matter who will be hurt. 10. **THE POWER TO "READ BETWEEN THE LINES**", this is the ability of the investigator to interpret the words or phrases encountered in the process of investigation in their deeper meaning in order to arrive with an accurate meaning of a certain statement. 11. **KNOWLEDGE OF MARTIAL ARTS AND FIREARMS PROFICIENCY**, this will help the investigator in defending himself when confronting, arresting, and interrogating the suspect. **OTHER QUALITIES OF INVESTIGATOR** 1. **Superior reasoning ability**- the ability to analyze logically a multitude of facts and determining how they are interrelated. This is related to critical thinking. - This method of reasoning challenges one to adopt an attitude of fair-mindedness, intellectual caution and openness to question common or assumed beliefs. 2. **Imagination and curiosity-** 3. **Intuition**- immediate apprehension or cognition, quick and ready insight. 4. **Observation ability**- the ability to observe, noting and recording of facts \[using the sense of seeing and hearing\]. **HISTORICAL BACKGROUND OF CRIMINAL INVESTIGATION** The Code of Hammurabi ruled from 1972 to 1750BC Is considered to be the oldest known code of law from the Old Babylonian period. The code is also one of the earliest examples of the idea of presumption of innocence, and it also suggests that both the accused and accuser have the opportunity to provide evidence. It consists of 282 laws, with scaled punishments known as **Lex Taliones** which means "an eye for an eye, tooth for a tooth". One of the best-known laws from Hammurabi's Code was: 1. Law \#22: if anyone is committing a robbery and is caught, then he shall be put to death". 2. Law \#129: if the wife of a man has been caught lying with another man, they shall bind them and throw them into the waters. If the owner of the wife would save his wife then in turn the king could save his servant". a. Law \#1916: "If a man destroys the eye of another man, they shall destroy his eye. If one breaks a man's bone, they shall break his bone". - 5^th^ Century BC., Rome: Rome created the first specialized investigative unit. It was named as Questors or Trackers of Murderer. Roman civilian accepted the role of quasi-police with a sense of civic responsibility, they often made citizen arrest. - 6^th^ Century BC, Athens: Unpaid magistrates \[judges\] were appointed by the citizens to make decisions for the cases presented to them. **TIME OF ALFRED THE GREAT** In the later part of 19^th^ Century, England's King Alfred the Great established a system of "mutual pledge" \[social control\], which organized for the security of the country into several levels: 1. **TEN TITHING-** one hundred persons are grouped into one under the charge of a High Constable. 2. **TITHING-** Ten persons are grouped together to protect one another and to assume responsibility for the acts of group's members. The one who heads this group is called a Tithing Man. **TIME OF EMPEROR AUGUSTUS** At about at the time of Christ, Rome: The Roman Emperor Augustus picked out special, highly qualified members of the military to form the following: 1. **PRAETORIAN GUARD-** This was considered the first police officers; their job is to protect the palace and the emperor. 2. **PRAEFECTUS URBI-** Their function is to protect the city. They have both executive and judicial power. 3. **VIGILES OF ROME:** The vigils began as fire fighters; they were eventually also given law enforcement responsibilities and they patrolled Rome's streets day and night. The vigils could be considered the civil force designed to protect citizens. **TIME OF WINCHESTER** 1285 AD, England: The Statute of Winchester was enacted establishing a rudimentary \[basic/undeveloped\] criminal justice system in which most of the responsibility for law enforcement remained with the people themselves. These statutes or laws were promulgated by Winchester. 1. The Watch and Ward 2. Hue and Cry System 3. Parish Constable 4. Keeping weapon at home for family security - 1720's England: **Jonathan Wild**- a master criminal who became the London's most effective criminal investigator. - 1750's England: **Henry Fielding**- he was the creator and magistrate of the Bow Street Runners; he formed a group of police officers attached to the Bow Street Court, not in uniform performing criminal investigative functions. - 1753's, England: **John Fielding**, the "blind" younger brother of henry Fielding who took over the control of Bow Street Court in 1973. He also introduced the practice of developing informants, printing wanted notices, employing criminal raids, and bearing firearms and handcuffs. - 1800's, London: **Patrick Colquhoun**- a prominent London President who proposed unique idea of creating sizeable uniformed force to police the city of London in order to remedy the public outcry concerning the increase of criminality during the early 1800's. - 1811, France**: Eugene "Francois" Vidocq**- 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." - 1829, London: **Robert Peels**- the founder and chief organizer of London Metropolitan Police. He introduced the techniques in detecting crimes such as detectives concealing themselves, and secretly photographing and recording conversations. - 1835, **Texas Ranger** was organized as the first law enforcement agency with the statewide investigative authority. This is the forerunner of the Federal Bureau of Investigations \[FBI\]. - 1852, USA: **Charles Dickens** is a great novelist in which through his story entitled bleak \[unwelcoming\] house, he introduced the term detective to the English language. - 1852, USA: Allan Pinkerton. This individual truly deserves the title of "America's Founder of Criminal Investigation." - Among methods pioneered by Pinkerton were: Shadowing, roping \[attaching\], undercover. - They work with motte "We Never Sleep" - 1856, USA: **Kate Wayne**: The first woman detective in the history of criminal investigation. She was hired by Pinkerton Agency and contributed to the resolutions of big cases of the United States of America. - 1909-1924, **John Edgar Hoover**- He became the head of Federal Bureau of Investigation, which was established by the attorney general from 1909 to 1924. - 1866, USA: **Thomas Byrnes-** He is an unusually keen-minded individual who trained his detectives in recognizing individual criminal techniques. He founded the criminal "modus operandi", or method/ mode of operation. - 1866, Liberty, Missouri, USA: **The Jessie James Gang-** Made the first hold-up which marks the beginning of the gang's 15-year hold-up and robbery spree \[12 banks hold-ups and 12 train robberies in 11 states\]. Clay County Savings Association \[CCSA\] was their first victim and their take was 60,000,000.00 dollars. - 1882, France: **Alphonse Bertillon-** A French Police Clerk who introduced and established the first systematic identification system based on the Anthropological Signalment \[Anthropometry\]. - 1954, USA. **Dr.** **Paul Kirk-** The best-known Criminalist who headed the Department of Criminalistics at the University of California, USA. - 1966, USA: MIRANDA VS ARIZONA: The US Supreme Court established a procedural guideline for taking criminal offenders. The case is the origin of the present Miranda Rights of every accused under the custody of Police. **THE LAW OF PNP APPLICABLE IN CRIMINAL INVESTIGATION** 1. 1987 **Philippine Constitution, Art 16, Sec 6**. The estate established and maintain one police force, which shall be National in Scope and Civilian in Character, to be administered and controlled by the National Police Commission. The authority of the local executives over the police shall be provided by law. 2. **Republic Act No. 4864**- The law otherwise known as the Police Act of 1966. It created the Office of the Police Commission \[now National Police commission\]. It shall be their duty to preserve peace and order; prevent the commission of the crimes; protect life, liberty, and property; and arrest all violators of laws and ordinances within their jurisdiction. 3. **Republic Act No. 6975**- The creation of BFP, BJMP, PNP under the Department of Interior and Local Government \[DILG\] Act of 1990. Subsequently dissolving the Philippine Constabulary \[PC\] whose officers and rank and file were given the privilege either to join the AFP or the PNP within the period as provided. 4. **Republic Act No. 8551-** The PNP Reform and Reorganization Act of 1998 which is now the operational law that governs over the PNP. Approved February 25, 1998. 5. **Republic Act No. 7438-** An act defining certain rights of person arrested, detained or under custodial investigation.