Criminal Investigation Fundamentals PDF

**CRIMINAL INVESTIGATION** -- is an art which deals with the identity and location of the offender and provides evidence of guilt through criminal proceedings. **INVESTIGATION** DEFINED: The collection of facts to accomplish a three-fold aim: a\. to identify the guilty party; b\. to locate the gu...

**CRIMINAL INVESTIGATION** -- is an art which deals with the identity and location of the offender and provides evidence of guilt through criminal proceedings. **INVESTIGATION** DEFINED: The collection of facts to accomplish a three-fold aim: a\. to identify the guilty party; b\. to locate the guilty party; and c\. to provide evidence of his guilt. **MAIN OBJECTIVE OF CRIMINAL INVESTIGATION**- The conviction of Criminal and the ending of Criminal activity. CRIMINAL INVESTIGATOR -- A public safety officer who is tasked to conduct the investigation of criminal cases. PRIMARY JOB OF AN INVESTIGATOR The primary job of the investigator is to discover whether or not an offense has been committed under the law, after determining what specific offense has been committed, he must discover how it was committed, by whom, where it was committed, when and why it was committed **(Cardinal points o fInvestigation 5W's and 1H).** **SIX CARDINAL POINTS OF INVESTIGATION** WHAT specific offense has been committed? Nature of crime WHERE crime was committed? Place or location WHEN it was committed? Time and date WHOM it was committed? Persons/s involved WHY it was committed? Reason or motive of Committing the crime HOW it was committed? Manner, method or modus operandi **THREE TOOLS OF INVESTIGATION** **1. INFORMATION** It is the knowledge/data which an investigator acquired from other persons and records. Classes of Information a\. Regular Sources -- records, files from government and non-government agencies, news items. b\. Cultivated Sources -- information gathered upon initiative of the investigator from informants, vendors, taxicab driver, GRO, and others. c\. Grapevine Sources -- these are information coming from the underworld characters such as prisoners and ex-convicts. **2. INTERVIEW AND INTERROGATION** INTERVIEW -- (Witnesses) is a conversation with a purpose, motivated by a desire to obtain certain information from the person being interviewed as to what was done, seen, felt, heard, tasted, smell or known. -is the questioning of a person believed to possess knowledge that is in official interest to the investigator. BASIC ASSUMPTIONS Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not want to. Therefore, people will have to be persuaded, always within legal and ethical limits, to talk to law enforcers. This makes interviewing an art. I.R.O.N.I.C. FORMAT The interview of a witness can be described by its acronym 'IRONIC' which stands for Identity, Rapport, Opening Statement, Narration, Inquiry, and conclusion. Identity -- prior to the commencement of an interview, the investigator should identify himself to the subject by name, rank and agency. Except, when there is no need to know the officer's identity. Rapport -- it is good to get the positive feeling of the subject towards the investigators, such friendly atmosphere is a vital for both the subject and the investigator have a better interaction. Opening Statement -- the investigator must have to indicate why the subject is being contracted. Narration -- the witness should be allowed to tell all he knows with little interruptions from the investigator. Inquiry -- after all information have been given by the subject, that is the time for the investigator to as question to clarify him about the case under investigation. Conclusions -- after the interview, it is but proper to close the interview with outmost courtesy and thanking the subject for his cooperation. RULES TO BE OBSERVED IN QUESTIONING a\. One question at a time b\. Avoiding implied answer c\. Simplicity of the questions d\. Saving faces e\. Avoid close ended questions (yes or no) **INTERROGATION** --is a questioning of a person suspected of having committed an offense or a person who is reluctant to make full disclosure of information in his possession which is pertinent to the investigation **CUSTODIAL INTERROGATION/INVESTIGATION** -- is the questioning of a law enforcement officer on a person under custody and otherwise deprived of his freedom or liberty. This is the stage in investigation where there is strict observance of the Miranda Doctrine. MIRANDA DOCTRINE -- this case which entitled Miranda vs. Arizona, is a US Supreme Court Jurisprudence which laid down the constitutional rights of the accused during custodial investigation. It was incorporated in our 1973 Constitution and later in the 1987 Constitution of the Philippines. **3. INSTRUMENTATION** It is the application of instruments and methods of physical science to the detection of crimes. In cases where there are no significant physical evidence to be found, then the use of instrumentation is relatively unimportant. PHASES/STAGES OF CRIMINAL INVESTIGATION 1\. Identification of criminals 2\. Tracing and locating the criminal 3\. Gathering of evidence to prove the guilt of the criminal 1\. IDENTIFICATION OF CRIMINALS METHODS OF IDENTIFYING CRIMINALS a\. By confession or admission of the criminal himself b\. Identification by accounts or testimonies of eyewitnesses c\. Identification by circumstantial evidence d\. Identification by associative evidence e\. Identification by the Method of Operation (Modus Operandi) CONFESSION-- is the direct acknowledgement of guilt arising from the commission of a crime. **Types of Confession** a\. Extra-Judicial Confession -- those made by the suspect during custodial investigation. b\. Judicial Confession-- those made by the accused in open court. The plea of guilt may be during arraignment or in any stage of the proceedings where the accused changes his plea of not guilty to guilty. ADMISSION-- is a self-incriminatory statement by the subject falling short of an acknowledgement of guilt. It is an acknowledgement of a fact or circumstances from which guilt maybe inferred. It implicates but does not incriminate. It is also an acknowledgement that a fact, action or circumstances are true which strongly infer or directly admit guilt but lacks the detail of the elements of the crime. **RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION** 1\. Confession or admission must be taken preferably in writing and under oath 2\. It must be written in the language known and understood by the accused, if not it must be clearly translated 3\. It must be freely and voluntary given by the accused 4\. Under the New Constitution, it must be taken in the presence of competent and independent counsel chosen by the accused - **CONFESSION** - is the direct acknowledgement of guilt. - Illustration: the accused was charged with homicide. During trial, acknowledged that he was the one who killed the victim. **ELEMENTS OF CONFESSION** 1\. There is declaration of the person 2\. The statement of the accused is he acknowledged his guilt from the commission of a crime 3\. Guilt is admitted **ADMISSION** - is indirect acknowledgment of guilt. - **Illustration:** The accused was charged with homicide. During the trial, acknowledged that he owned the murder weapon but did not acknowledge that he is the one who committed the crime. To acknowledge ownership of the murder weapon is an indirect acknowledgment of guilt because an owner of the weapons used in committing the crime is presumed to be the perpetrator. **ELEMENTS OF ADMISSION** 1\. There is a statement of the person (accused); 2\. The person only acknowledged facts or circumstances of the crime; 3\. There is no acceptance of guilt SEARCH AND SEIZURE Section 1. Search warrant defined. -- A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. WHAT IS A SEARCH WARRANT? \> A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. WHAT IS THE CONCEPT OF A SEARCH WARRANT? \> It is a criminal process akin to a mode of discovery \> It is a special and peculiar remedy, which is drastic in nature ARE SEARCH AND SEIZURES PROHIBITED UNDER THE CONSTITUTION? \> No. The constitutional guarantee embodied in Article 3, Section 2 of the Constitution is not a blanket prohibition against all searches and seizures as it operates only against unreasonable searches and seizures WHEN IS THE SEARCH OR SEIZURE UNREASONABLE? \> A search and seizure is unreasonable if it is made without a warrant, or the warrant was invalidly issued. \> In all instances, what constitutes reasonable or unreasonable search or seizure is a purely judicial question determinable from a consideration of the attendant circumstances. WHAT ARE THE THREE SITUATIONS WHEREIN THERE MUST BE FINDING OF PROBABLE CAUSE? 1\. Probable cause in filing of an information \> Facts and circumstances that would engender a well-grounded belief that a crime has been committed and the person to be charged is probably guilty thereof 2\. Probable cause in the issuance of a search warrant \> Facts and circumstances that would lead a reasonable discreet and prudent man to believe that there has been a crime committed and the things and objects connected to the crime committed are in the place to be searched 3\. Probable cause in the issuance of a warrant of arrest \> Facts and circumstances that would engender a well-grounded belief that a crime has been committed and the person to be arrested committed it WHY ARE THE REQUIREMENTS FOR THE ISSUANCE OF A SEARCH WARRANT MORE STRINGENT THAN THE REQUIREMENTS FOR THE ISSUANCE OF A WARRANT OF ARREST? \> The right against unreasonable search and seizure is a core right implicit in the natural right to life, liberty and property. Even in the absence of a constitution, individuals have a fundamental and natural right against unreasonable search and seizure under natural law. \> Moreover, the violation of the right to privacy produces a humiliating effect that cannot be rectified anymore. \> This is why there is no other justification to speak of for a search, except for a warrant. \> On the other hand, in a warrant of arrest, the person to be arrested can always post bail to prevent the deprivation of liberty. Sec. 2. Court where application for search warrant shall be filed. -- An application for search warrant shall be filed with the following: \(a) Any court within whose territorial jurisdiction a crime was committed. \(b) 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. However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. WHERE SHOULD ONE FILE AN APPLICATION FOR SEARCH WARRANT? \> As a general rule, any court within whose territorial jurisdiction a crime was committed BUT 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. \> For example, a drug syndicate keeps his drugs in a warehouse in Pasay for the reason that it has connections in Pasay and can easily get a tip when the police officers will file for a search warrant. To avoid the drug syndicate from getting a tip of the impending search, the police officers apply for a search warrant in Makati stating the compelling reason. \> However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. Sec. 3. Personal property to be seized. -- A search warrant may be issued for the search and seizure of personal property: \(a) Subject of the offense; \(b) Stolen or embezzled and other proceeds, or fruits of the offense; or \(c) Used or intended to be used as the means of committing an offense. WHAT MAY BE THE SUBJECT OF A SEARCH WARRANT? 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. IS IT NECESSARY THAT THE PERSON NAMED IN THE SEARCH WARRANT BE THE OWNER OF THE THINGS TO BE SEIZED? \> No, ownership is of no consequence. \> What is relevant is that the property is connected to an offense. Sec. 4. Requisites for issuing search warrant. -- A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witness he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. WHAT ARE THE REQUISITES OF A VALID SEARCH WARRANT? 1\. There must be probable cause---facts and circumstances that would engender a well-founded belief in a reasonable prudent and discreet man that a crime has been committed and the things and objects to be seized can be found in the place to be searched 2\. Which must be determined by the judge personally through searching and probing questions---questions not merely answerable by yes or no but could be answered by the applicant and the witnesses on facts personally known to them 3\. (Upon whom?) The complainant and the witnesses he may produce are personally examined by the judge, in writing and under oath and affirmation 4\. (Based on what?) The applicant and the witnesses testify on facts personally known to them 5\. The probable cause must be in connection with the specific offense 6\. The warrant specified describes the person and place to be searched and the things to be seized 7\. The sworn statement together with the affidavits of the witnesses must be attached to the record WHAT IS THE PURPOSE FOR THE PARTICULARITY OF DESCRIPTION OF THE PLACE TO BE SEARCHED AND THE THINGS TO BE SEIZED? \> The evident purpose and intent of this requirement is to limit the things to be seized to those, and only those, particularly described in the search warrant---to leave officers of the law with no discretion regarding what articles they should seize, to the end that unreasonable searches and seizures may not be committed, that abuses may not be committed. Sec. 5. Examination of complainant; record. -- The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements, together with the affidavits submitted. WHEN IS THE AFFIDAVIT OR TESTIMONY OF THE WITNESS SAID TO BE BASED ON PERSONAL KNOWLEDGE? \> The test is whether perjury could be charged against the witness WHAT ARE THE REQUISITES OF THE PERSONAL EXAMINATION THAT THE JUDGE MUST CONDUCT BEFORE ISSUING THE SEARCH WARRANT? 1\. The judge must examine the witness personally 2\. The examination must be under oath 3\. The examination must be reduced into writing in the form of searching questions and answers Sec. 6. Issuance and form of search warrant. -- If the judge is satisfied of the existence of facts upon which the application is based or that there is probable cause to believe that they exist, he shall issue the warrant, which must be substantially in the form prescribed by these Rules. **WHAT IS A SCATTER SHOT WARRANT?** \> It is a warrant of arrest that is issued for more than one offense \> It is void for the law requires that a warrant of arrest should only be issued in connection with one specific offense **A WARRANT WAS ISSUED FOR THE SEIZURE OF DRUGS CONNECTED WITH THE VIOLATION OF THE DANGEROUS DRUGS ACT. IS THE WARRANT VALID?** \> The warrant is valid \> Although there are many ways of violating the Dangerous Drugs Act, it is not a scatter shot warrant since it is in connection with only one penal law POLICE OFFICERS APPLIED FOR A WARRANT TO SEARCH DOOR \#1 OF AN APARTMENT COMPLEX. THE COURT ISSUED THE WARRANT. WHEN THEY WENT TO THE APARTMENT COMPLEX, THEY REALIZED THAT WHAT THEY THOUGHT WAS DOOR \#1 WAS ACTUALLY DOOR \#7. CAN THEY SEARCH DOOR \#7? \> No, what is controlling is what is stated in the warrant, and not what the peace officers had in mind, even if they were the ones who gave it the description to the court. \> This is to prevent abuses in the service of search warrants **CAN THE POLICE OFFICER SEIZE ANYTHING THAT IS NOT INCLUDED IN THE WARRANT?** \> No, anything not included in the warrant cannot be seized EXCEPT if its mala prohibita, in which case, the seizure is justified under the plain view doctrine. \> Even if the object was related to the crime, but it is not mentioned in the warrant nor is it mala prohibita, it still cannot be seized POLICE OFFICERS WENT TO THE HOUSE TO EXECUTE A SEARCH WARRANT. THEY FOUND A PISTOL ON THE TABLE, BUT THE PISTOL WASN'T INCLUDED IN THE SEARCH WARRANT. CAN THEY SEIZE THE PISTOL? \> No, it is not mala prohibita and they have no proof that it is unlicensed. **WHAT SHOULD THE POLICE OFFICER OR COURT TO DO THINGS SEIZED ILLEGALLY?** \> Anything seized illegally must be returned to the owner unless it is mala prohibita. In such a case, it should be kept in custodia legis. Sec. 7. Right to break door or window to effect search. -- The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant to liberate himself or any person lawfully aiding him when unlawfully detained therein. Sec. 8. Search of house, room, or premises to be made in presence of two witnesses. -- No search of a house, room, or any other premises shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality. NOTE: The two witness rule only applies in the absence of the lawful occupants of the premises searched PEACE OFFICERS RAIDED A HOUSE, WHICH WAS SUSPECTED TO BE A FACTORY FOR ILLEGAL DRUGS. DURING THE RAID, 8 CHINESEMEN WERE FOUND INSIDE WHO COULDN'T SPEAK ENGLISH OR FILIPINO. THE CHINESE WERE LOCKED INSIDE A ROOM AND TWO WITNESSES WHO WERE NOT OCCUPANTS WERE USED WHILE SEARCHING THE HOUSE AND SEIZING THE PROHIBITED DRUGS. VALID? \> No. \> The two-witness rule can only apply when there is absence of the lawful occupants of the premises searched. \> In this case, they locked the occupants in a room while doing the search and seizure and used 2 witnesses who weren't the occupants of the premises. Sec. 9. Time of making search. -- The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night. **WHEN SHOULD THE SEARCH WARRANT BE EXECUTED?** \> If possible, it should be executed during the daytime \> But in certain cases, such as when the things seized are mobile or are in the person of the accused, it can be served during nighttime Sec. 10. Validity of search warrant. -- A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void. **FOR HOW LONG IS THE SEARCH WARRANT VALID?** \> It is valid for 10 days, after which the police officer should make a return to the judge who issued it \> If the police officer doesn't make a return, the judge should summon him and require him to explain why no return was made \> If the return was made, the judge should determine if the peace officer issued the receipt to the occupant of the premises from which the things were taken. \> The judge shall also order the delivery to the court of the things seized. **IF THE WARRANT WAS EXECUTED EVEN BEFORE THE EXPIRATION OF THE 10-DAY PERIOD, CAN THE PEACE OFFICER USE THE WARRANT AGAIN BEFORE IT EXPIRES?** \> No, of the purpose for which it was issued has already been carried out, the warrant cannot be used anymore. \> The exception is if the search wasn't finished within 1 day, the warrant can still be used the next day, provided it is still within the 10-day period **Sec. 11. Receipt for the property seized.** -- The officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property. **WHAT IS THE DUTY OF THE OFFICER WHEN HE SEIZES THE PROPERTY?** \> The officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property. **CAN THE OWNER OF THE THINGS SEIZED BE MADE TO SIGN THE RECEIPT?** \> No since this would be tantamount to a violation of one's right against self-incrimination. It is a confession without the assistance of counsel. **IS THERE PERIL TO THE OWNER OF THE THINGS SEIZED IF HE IS MADE TO SIGN THE BOOKING SHEET?** \> There is no peril since he would just be made to acknowledge that a case has been filed against him **THE ACCUSED WAS ARRESTED DURING A BUY-BUST OPERATION. PESO BILLS WERE SEIZED FROM HIM. CAN THE ACCUSED BE MADE TO SIGN THE BILLS?** \> Yes, having the bills is not a crime. \> This applies even if the bills involved is marked money. **Sec. 12. Delivery of property and inventory thereof to court; return and proceedings thereon. --** \(a) The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath. \(b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has been made, and if none, shall summon the person to whom the warrant was issued and require him to explain why no return was made. If the return has been made, the judge shall ascertain whether section 11 of this Rule has been complied with and shall require that the property seized be delivered to him. The judge shall see to it that subsection (a) hereof has been complied with. \(c) The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return, the result, and other actions of the judge. A violation of this section shall constitute contempt of court. **WHAT IS THE DUTY OF THE OFFICER AFTER THE PROPERTY SOUGHT UNDER THE SEARCH WARRANT HAS BEEN SEIZED?** \> The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath. **Sec. 13. Search incident to lawful arrest.** -- A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant. **IN WHAT INSTANCES WOULD A SEARCH AND SEIZURE WITHOUT A WARRANT BE ALLOWED?** **1. A warrantless search incidental to a lawful arrest** a\. Arrest must be lawful b\. It must be contemporaneous with the arrest in both time and place c\. Within the vicinity of the person arrested, immediate control, which is the evidence of the offense or weapon **2. Search of evidence in plain view** **3. Search of a moving vehicle** a\. Must be cursory b\. Cant make a thorough search; just have to take a look; not to open trunks 4\. Consented warrantless searches a\. The right exists b\. Person making the consent knows that he has the right c\. In spite of the knowledge of the right, he voluntarily and intelligently gives his consent 5\. Customs searches 6\. Stop and frisk 7\. Exigent and emergency circumstances 8\. Checkpoints 9\. Republic Act requiring inspections or body checks in airports 10\. Emergency 11\. In times of war and within military operations **WHAT IS THE AREA OF COVERAGE OF AN OFFICER'S SEARCH? IS IT LIMITED TO THE PERSON OF THE ACCUSED?** \> Under this rule, the search being an incident to a lawful arrest may extend beyond the person of the one arrested to include the premises or surrounding under his immediate control \> The search must be made after the arrest. The objective is to make sure that the life of the peace officer will not be endangered. It must be contemporaneous with the arrest in both time and place. **WHEN IS THE WARRANTLESS SEARCH OF A MOVING VEHICLE ALLOWED?** \> It is allowed when it is not practicable to secure a warrant **WHAT ARE THE REQUIREMENTS IN A WARRANTLESS SEARCH INCIDENTAL TO A LAWFUL ARREST?** 1\. Arrest must be lawful 2\. It must be contemporaneous with the arrest in both time and place 3\. Within the vicinity of the person arrested, immediate control, which is the evidence of the offense or weapon **WHO SHOULD GIVE CONSENT TO A WARRANTLESS SEARCH AND WHAT ARE THE REQUISITES?** \> Only the person whose right may be violated can give the consent; it is a personal right that cannot be availed of by third parties. The requisites are: 1\. The person has knowledge of his right against the search 2\. He freely and intelligently gives his consent in spite of such knowledge **WHAT ARE THE REQUISITES FOR THE PLAIN VIEW DOCTRINE TO APPLY?** 1\. There must have been a prior valid intrusion based on the warrantless arrest in which the police are legally present in the pursuit of their official duties 2\. The evidence was inadvertently discovered by the police who had the right to be where they are 3\. The evidence must be immediately apparent 4\. There was no need for further search **WHAT IS A STOP AND FRISK SITUATION? WHEN IS IT VALID?** \> It is a situation wherein there is a limited protective search of outer clothing for weapons \> While probable cause is not required to conduct a stop and frisk, mere suspicion or a hunch will not validate such a procedure. \> A genuine reason must exist, in light of the police officer's experience and surrounding conditions, to warrant the belief that the person has detained the weapons concealed about him. KINDS OF CRIMINALS IDENTIFIED BY WITNESSES a\. Known criminals b\. Unknown criminals Methods of Identification by witness a\. Verbal description b\. Photographic files (Rogues Gallery) c\. General Photograph What must be inferred to prove identity by circumstantial evidence? a\. Motive -- is what induces the criminal to act b\. Intent --is the result or accomplishment of the act c\. Opportunity --is the physical possibility that the suspect could have committed the crime. It could be inferred from the following: a\. The suspect could have been in the vicinity of the crime scene at the time it was committed. b\. Knowledge of the criminal objective. c\. Absence of an alibi on the part of the criminal. **PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS** 1\. CORPUS DELICTI-- is the body of the crime or fact of specific loss or injury sustained. It constitutes the essential parts or elements in the commission of the crime. 2\. ASSOCIATIVE EVIDENCE -- these are the pieces of evidence that will link the suspect to the crime scene. The suspect may leave some clues at the scene such as weapons, tools, garments or prints. 3\. TRACING EVIDENCE -- articles which assist the investigator in locating the criminal. Stolen goods in the possession of the suspect in an example of tracing evidence. MODUS OPERANDI -- is the method of operation by a specific criminal or criminal syndicate. It is a distinct pattern of how a crime is committed and is established by a series of crimes under one classification. The modus operandi of one criminal is distinct and different from the other. It is a criminal trademark, logo or brandname. 2\. TRACING AND LOCATING THE CRIMINALS INFORMANT -- is a person who gives information to the police relevant to a criminal case about the activities of criminals or syndicates. **TYPES OF INFORMANTS** a\. Anonymous informant -- do not wish to be identified. b\. Rival elimination informant -- to eliminate competition. c\. False informant -- reveals information of no consequence or value. d\. Frightened informant -- motivated by anxiety. e\. Self-aggrandizing -- hangs about the fringes of the criminals. f\. Mercenary informant -- gives information for a price. g\. Double crosser informant -- to get more information from the police. h\. Woman informant -- female associate of the criminals. i\. Legitimate informant -- operators of legitimate business establishments. c\. Roping **Arrest** What is the etymology of the word Arrest? The term arrest came from the Latin word arrestare which means cause to stop and restare which means stay behind. This term was used as early as during the 14th century. What is Arrest? Legally, it refers to the taking of a person into custody in order that he may be bound to answer for the commission of an offense. How is Arrest Made? It is made by an actual restraint of a person to be arrested or by his submission to the custody of the person making the arrest **What is a Citizen\'s Arrest?** It is a warrantless arrest that can be affected by a private individual. It is termed as a citizen\'s arrest if arrest is made by private individual or citizen **What is Alias Warrant of Arrest?** It is a warrant replacing the first one (Warrant of Arrest) due to expiration. The court shall issue an alias warrant if the original warrant of arrest is returned by the peace officer together with the report. **What is a John Doe Warrant?** It is a warrant for the apprehension of a person whose true name is unknown. Generally, this kind of warrant is void because it violates the constitutional provision which requires that warrants of arrests should particularly describe the person or persons to be arrested. Yet, it is valid if the description is sufficient to indicate clearly on whom it is to be served by stating his occupation, personal appearance or peculiarities, place of residence or other circumstances which he may be identified. **Who is a Warrant Officer?** A Warrant Officer is any authorized member from the law enforcement agency usually from the PNP or 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 authorized to issue warrant of arrest is the judge of any competent court in the Philippines. **Arrest without Warrant (Warrantless Arrest).** As a general rule, any peace officer who arrests a person without warrant may be liable under Article 125 of the RPC (Arbitrary Detention). The following are the situations in which a police officer may arrest a person without warrant: 1. **When, in his (police) presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense (In Flagrante Delicto Arrest).** 2. **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 or Fresh Pursuit).** 3. **When the person to be arrested is an escapee.** Those who have escaped from any penal establishment or place where he is serving final sentence or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. 4. **When the right is validly waived.** This is when the person arrested consented to the arrest, despite of no warrant showed; the person is willing to be taken into custody. **Related Case**: People vs. Dural. The illegality of the arrest is cured when the accused files a petition for bail. Appellant is stopped from questioning the illegality of his arrest when he voluntarily submitted himself to the jurisdiction of the court by entering a plea of not guilty and by participating in the trial**.** 5. **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.** 6. **Violent Insanity** 7. **Ailment requiring operating procedure (SOP) of arrest without Warrant** - 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 proper periods and conditions. **SURVEILLANT** -- is the person who maintains the surveillance or performs the observation. **SUBJECT** -- the person or place being watched or surveyed. **KINDS OF SURVEILLANCE** 1\. Surveillance of places 2\. Tailing or shadowing 3\. Undercover investigation or roping How to conduct surveillance of place? A careful survey of the surrounding area should be made. The character of the neighborhood, residents and transient should be noted. The observation point should be selected properly. When observation is conducted from a 'plant', surveillance agents must be extremely careful not to reveal their true activity. Observation maybe made through a window or other aperture so as to be unnoticed from the outside. Venetian blinds afford the best coverage, but may appear to be out of place of some buildings. An alternative is to lower the roller of draw shades another inch from the window. Binoculars are generally essentially equipment of the plants, as they facilitate positive identification of person entering or leaving the place under and observation. A still or video camera with telephoto lens can also be used effectively. Agents should take careful notes of what they observe and should record detailed descriptions of all individuals entering the target. A chronological log is usually the best of recording pertinent occurrences. TAILING OR SHADOWING -- is the act of following a person, depends on the number of surveillant available, volume of pedestrian traffic and importance of concealing the surveillance. **METHODS OF SHADOWING** a\. One man --extremely difficult and should be avoided, if unavoidable keep subject in view at all times. b\. Two man -- two agents are employed to follow the subject. c\. ABC method -- reduces the risk of losing the subject, affords greater security agents detection. d\. Progressive/Leap from method -- poor chances of obtaining good results, agents are stations at a fixed point assuming that subject followed the same general route each day. e\. Combined foot-auto surveillance -- employment of surveillants on foot and agents in an automobile. **Main Type of Crime Scene Sketch** 1\) Rough Sketch A rough sketch is drawn free-hand by the sketcher at the crime scene. Changes should not be made to it after the sketcher has left the scene. This sketch will not normally be drawn to scale, but will indicate accurate distances, dimensions, and relative proportions. 2\) Smooth/ Finish Sketch A smooth or finish sketch is one that is finished and is frequently drawn to scale from the information provided in the rough sketch. If a sketch is drawn to scale, the numbers concerning the distances can be eliminated. However, if the sketch is not drawn to scale, the distances need to be shown. **Types of searching methods** **1) The quadrant or zone method** -- In this method, one searcher is assigned to a quadrant then each quadrant is cut into another set of quadrants **2) Strip method** -- In this method, the area is blocked out in the form of a rectangular. The searcher proceeds slowly at the same place along path parallel to one side of the rectangle. When a piece of evidence is found, the finder announces his discovery and the search must stop until the evidence has been cared for. At the end of the rectangle, the searcher turns and proceeds along new lanes **3) Grid or double strip method** -- this method is a modification of strip search method. Here, the rectangle is traversed first, parallel to the base, then parallel to the side **4) Spiral method** -- in this method, the searchers follow each other along the path of a spiral beginning on the outside and spiraling in towards the center or vice versa **5) Wheel method** -- this method of search, the area is considered to be approximately circular. The searchers gather at the center and proceed outward along the radius or spokes. The procedure should be repeated several times depending on the size of the circle and the number of searchers. **Classifications of Documents** **1. Top Secret (Green Color Code**)- calls for the utmost degree of protection, Unauthorized revelation of these materials and information will cause extremely severe damage to the nation, politically, economically, or militarily. **2. Secret (Red Color Code)-** unauthorized disclosure of this documents or thing may put at risk the national security, cause serious injury to the reputation of the nation. **3. Confidential (Blue Color Code)** - Unauthorized revelation of which may be injurious to the reputation of the nation or governmental activity or will cause administrative humiliation or unnecessary injury. **4. Restricted (White Color Code)-** this are information which should not be published or communicated to anyone except for official purposes. These records are daily files, routine in nature even if lost or destroyed will not affect operation or administration. Intelligence Cycle 1\. Planning 2\. Collection 3\. Processing 4\. Dissemination **Planning** - the intelligence officer must have a thorough knowledge of the available sources of information, the collecting agencies and type of information the latter can provide. **Collection** - the intelligence officer must have thorough knowledge of the available sources of information and collecting agencies and the type of information they can provide and consider the following: a\. Determine collecting agency b\. Send orders or request c\. Supervise collection efforts d\. Use tools or techniques in collection e\. Ensure timely collection **Factors in Choosing Collection Agents** a\. Capability - agents placement or access to target b\. Multiplicity - more agents c\. Balance **Processing - Five Steps** 1\. Recording - is the reduction of information in writing or other form of graphical representation and arranging the information into groups of related items. 2\. Evaluation - is the determination of the pertinence of the information to the operation, reliability of the source or agency and the accuracy of the information. Pertinence - does it holds some value to current operation. Reliability - judging the source of information or agency Credibility - truth of information 3\. Analysis - is the stage in which the collected information is subjected to review in order to satisfy significant facts and derive conclusions there from. 4\. Integration - the combination of the elements isolated analysis with other known information related to the operation. 5\. Interpretation - process of determining the significance of new information and its meaning. Dissemination - processed information or intelligence data are disseminated to end users, common methods of disseminating intel data are conferences, briefing and person to person exchanges. In this process, consider the factors of timeliness, correctness and security. **Types of Agents Used in Collecting Information** 1\. Agent of Influence - agent who uses authority to gain information. 2\. Agent in Place - agent who has been recruited within a highly sensitive target 3\. Penetration Agent - agent who have reached the enemy, gather information and able to get back without being caught. 4\. Expendable Agent - agent who leaks false information to the enemy. 5\. Double Agent - an enemy agent who has been taken into custody turned around and sent back where he came from as an agent of his captors. **Categories of Police Intelligence** 1\. Strategic Intelligence - knowledge pertaining to the capabilities and vulnerabilities of a foreign nation which is required by the national planners for the formulation of an adequate national defense. Intelligence is for long range. 2\. Counter-Intelligence - preparation and execution of plans and programs to neutralize or prevent any activities undesirable to the police organization. 3\. Line or Tactical Intelligence -- intelligence information directly contributes to the accomplishment of specific objectives and immediate in nature and necessary for more effective police planning and operation. **Components of Strategic Intelligence** 1\. Political Intelligence - deals with domestic and foreign affairs and relations of government operations. 2\. Economic Intelligence - deals with the extent and utilization of natural and human resources to the industrial potential of the nation. 3\. Transportation and Telecommunication intelligence -- concerned with the operations and facilities of the military and civilians. **Functional Classification of Police Intelligence** 1\. Criminal Intelligence - refers to the knowledge essential to the prevention of crimes and the investigation, arrest and prosecution of criminal offenders. 2\. Internal Security Intelligence - refers to the knowledge essential to the maintenance of peace and order. 3\. Public Safety Intelligence - refers to the knowledge essential to ensure the protection of lives and properties. **Kinds of Covert Operation** 1\. Surveillance - is the covert, discreet observation of people and places for the purpose of obtaining information concerning the identities or activities of subjects. Surveillant - is the plainclothes investigator assigned to make the observation. Subject - can be a person, place, property and vehicle, group of people, organization, or object. Safe house - refers to place where agents meet each other for purposes of debriefing and reporting. Live Drop - refers to a place where agents or informants leave their messages to the other agents. Decoy - a person or object used by the subject in an attempt to elude the surveillant. Convoy - an associate of the subject who follows him to detect surveillance. Log - chronological records of activities that took place in the establishment under surveillance.