Fundamentals of Criminal Investigation PDF

 GENERAL CONSIDERATION What is Investigation? To carry out a detailed examination or inquiry, usually in official manner, to discover something or somebody. To search into, examine in detail, or inquire into systematically. A careful search or examination of something, or a systematic inqu...

 GENERAL CONSIDERATION What is Investigation? To carry out a detailed examination or inquiry, usually in official manner, to discover something or somebody. To search into, examine in detail, or inquire into systematically. A careful search or examination of something, or a systematic inquiry. In criminological sense, it is a patient, step-by-step (systematic) and careful (thorough) examination of something or someone.  GENERAL CONSIDERATION Origin of the word investigation The term comes from the Latin word “VESTIGARE” (in some book INVESTIGARE) which means to tract or trace or probe. It also came from the Latin term INVESTIGARE and INVESTIGAT, which means “to inquire or to discover” during the 5th century. As to its etymology: it came from the Latin word “VESTIGIUM”, meaning“ footprints.” “to look into for traces or footprints”  GENERAL CONSIDERATION What is Criminal Investigation? Benette: It seeks all facts associated with a crime to determine the truth: what happened and who is responsible of a criminal incident. Agas and Cael: It is the collection and analysis of facts about persons, things and places, subject of a crime to identify the guilty party, locate the whereabouts of the guilty party, and provide admissible evidences to establish the guilt of parties involved in a crime. AS AN ART: It is governed by intuition, felicity/inspiration and to minor extent by chance. (a natural ability or power that makes it possible to know something without any proof.) ***According to Hans Gross, It involves 95% perspiration, 3% inspiration and 2% luck. ? AS A SCIENCE: it involves the application of knowledge of forensic sciences in the process of identifying, locating, collecting, processing, and/or evaluating physical evidences.  GENERAL CONSIDERATION Goals of Criminal Investigation 1. To determine whether a crime has been committed; 2. To legally obtain information or evidence; 3. To identify persons involved; 4. To arrest suspects; 5. To recover stolen properties; and 6. To present the best possible case to the prosecutor.  GENERAL CONSIDERATION Kinds of Criminal Investigation 1. Investigation while the suspect is under arrest and detention; and 2. Investigation while the suspect is “at large”. ***at large- not being a wanted person before the eyes of the law, and therefore cannot be lawfully arrested without a warrant. ***fugitive from justice- an escapee from detention or an escaped prisoner while serving sentence by virtue of a final judgment rendered by a court of competent jurisdiction that can be legally arrested without the necessity of a warrant of arrest based from par. c, Sec 5, Rule 113, Rules of Court.  THE THREE PHASES OF INVESTIGATION Preliminary Investigation P – roceed to scene promptly and safely R – ender assistance to injured E – ffect arrest of the criminals L – ocate and identify witnesses I – nterview complainant and witnesses M – aintain integrity of crime scene and protect evidence I – nterrogate suspects as necessary N – ote conditions, events and remarks A – rrange for evidence collection or collect it yourself R – eport the entire incident fully and accurately Y – ield responsibility to follow-up investigator or superior officer In – Depth Investigation It follows up initial lead steaming from the preliminary investigation In – depth investigation is the reexamining of the preliminary investigation, revisiting the crime scene, further process the crime scene, interviewing of existing and new victims and witnesses, processing of documents, gathering of facts and evidence, and application of criminalistics. Concluding Investigation The direct outgrowth of the previous two stages. The investigating officer works closely with the prosecuting attorney. Criminal case should be prepared for trial in different manner. Key Principles in Criminal Investigation 4. It refers to the process of determining the probative value of the evidence. a. b. Recognition Evaluation ? c. Collection d. Preservation e. Presentation  FUNDAMENTALS OF CRIMINAL INVESTIGATION GENERAL CONSIDERATION Key Principles in Criminal Investigation 1.Recognition/ identification - the efforts of identifying data, including physical things that may provide relevant information regarding the criminal case being investigated. 2.Collection - the act of gathering those identified data or facts, or physical things that are significant to the case under investigation. Collection maybe done by scraping the bloodstains found at the crime scene, interviewing the neighbor who saw the burglary, or examination of drug dealer’s bankbook.  FUNDAMENTALS OF CRIMINAL INVESTIGATION GENERAL CONSIDERATION Key Principles in Criminal Investigation 3. Preservation - almost simultaneously performed during the collection stage. It includes act of keeping the collected evidences in their true and original form, preventing contamination or destruction of its substantive value. 4. Presentation - primarily manifested inside the courtroom. Investigator help the prosecutor to be able to present facts in a very simple and convenient manner in order to convince the court about the validity and truthfulness of the evidences they are trying to prove or establish. Deductive and Inductive Reasoning 1.A deductive reasoning is one you decide is the answer of the case, and which you then attempt to prove with a collection of facts. To put it in another way, you “jump at a conclusion” and then undertake to show that your guess was right. 2.Inductive reasoning collects all the facts available first and allows them to determine the judgment. After you carefully examine all the details of a case you will be compelled to come to some conclusion regarding them.  CODE OF HAMMURABI (2100 BC) - created by King Hammurabi - Prescribes savage punishment - It implements the lex talionis principle known to be the principle of “An eye for an eye and a tooth for a tooth.  CODES DURING THE PRE-SPANISH ERA 1. CODE OF KALANTIAW By Datu Kalantiaw written in 1433 AD of Panay. 2. CODE OF MARAGTAS By Datu Sumakwel written in 1250 AD of Panay.  GENDARME SYSTEM Created by Charles the Great/ Charlemagne (742-814) GENDARMES - are agents of the crown, and can travel anywhere to bring anyone to justice 1. 2100 B. C. BABYLON: as civilization developed, social and cultural traditions were codified into formal laws. The CODE OF HAMMURABI was then implemented to detect those who refused to obey the law. It imposes the LEX TALIONES principle where punishment of an offender is equal to what he did. It is known to be the principle of “An eye for an eye and a tooth for a tooth.” 2. 5th CENTURY B.C., ROME: Rome created the first specialized investigative unit. It was named as QUESTORS/TRACKERS/MURDERERS. 3. 6th CENTURY B.C. ATHENS: Unpaid magistrates (judges), were appointed by the citizens to make decisions for the cases presented to them.  TIME OF EMPEROR AUGUSTUS At about 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 vigiles began as fire fighters, they were eventually also given law enforcement responsibilities and they patrolled Rome’s streets day and night. The vigiles could be considered the civil police force designed to protect citizens. It is from them that the word “VIGILANTE” came from.  TIME OF ALFRED THE GREAT (During the Anglo Saxon Period: 500 AD-1066 AD) ALFRED THE GREAT (19TH Century)establ i shed a system of“Mutualpl edge system orFrankpl edge system. 1.TEN TITHING -100 personsare grouped i nto one underthe charge ofa Hi gh Constabl e. 2.TITHING – 10 personsare grouped togetherto protect one anotherand to assume responsi bi li tyforthe actsof the group’smembers.Al lmen atthe age of12 are required to be membersofthi sgroup.The one who headsthi sgroup iscall ed Ti thi ng Man. MIDDLE AGES (1066 AD-1500 AD SHIRES – are created which refers to the divisions of a specific geographic area. It is being controlled by the King. It is governed by a Shire-Reeve/ Sheriff ALEXANDER THE GREAT Alexanderthe Greatwas one ofhistory’ sgreatest mili taryl eaders. Di ed i n 323 BC. He ruled overa huge empi re i n Europe,North Afri ca,and Asi a.  IN ROME: FASCES – is a Latin word which means “bundles”, ancient Roman symbol of the higher magistrates' authority that is worn by LICTORS. FASCES LICTOR POST NORMAN PERIOD (1200-1500 AD) TIME OF KING WINCHESTER 1285 A.D.,Engl and:THE STATUTES OF W INCHESTER were enacted establ ishi ng a rudimentary cri mi nalj usti ce system in which mostofthe responsi bili tyforlaw enforcementremai ned with the peopl e themsel ves. These statutesorl awswere promul gated byKi ng Wi nchester. 1.W atch and W ard Act– i mpl emented byBel lBoys 2.Hue and CrySystem – meansof catchi ng crimi nal. 3.Pari sh Constabl e – agentsin England. 4.Keepi ng weapon athome byMal e Residents  Jonathan Wild (England, 1720)  London’s most effective criminal investigator.  He was the London’s Organized Crime Lord, who became the famous thief-catcher in 1720s.  Henry Fielding (England, 1750) Wrote a novel entitled “Tom Jones.” Publsihed “An inquiry into the Causes of the Late Increase of Robbers.” Creator of the Bow Street Runners (Fielding’s People) His original ideas: Police may perform their functions in plain clothes. Police must be constantly available on streets. The Bow StreetRunners-London' s fi rstprofessionalpolice force and considered asthe foundati on to al l modern pol i ce forces.)  JOHN FIELDING (Engl and,1753)  The younger brother of Henry Fielding who took over the control of Bow Street Court in 1753.  known as the "Blind Beak” and allegedly being able to recognize 3000 criminals by the sounds of their voices  Appointed as Henry's personal assistant (1750), John helped him to root out corruption and improve the competence of those engaged in administering justice in London. His ideas: 1.Informants must be cultivated. 2.Wanted notices must be published. 3.Raids must be employed. 4.Police must bear firearms and handcuffs.  PATRICK COLQUHOUN (1745-1 1. Published “The Commerce and Policing of the River Thames”. 2. He proposed together with Master Mariner John Harriott the creation of a Thames River Police that later called as Maritime Police in London. His Brilliant ideas: 1. Introduced the idea of a publicly funded police force. 2. Outsourcing fund from public to support the police force. 3. Suggested Crime Prevention (Preventive Policing). the fundamental principle to the English police system. 4. A former President of London, England. EUGENE “FRANCOIS” VIDOCQ (1775-1857) He established a Squad of ex- Convicts to aid the Paris Police in investigating crimes. He introduced his principle in eliminating crime with his theory of “Set a thief to catch a thief.” Introduced the concept of “Trade Protection Society,” which became the forerunner of our present-day credit card system. Founder of La Surete Nationale which became the National Detective Organization of France.  ROBERT PEEL (London-1788-1850) The founder of London Metropolitan Police, which became the world’s first modernized police force. He gave the idea “The police are the public and the public are the police.” He is the recognized Father of Modern Policing in the world. He introduced the following techniques: 1.Detectives must conceal themselves 2.Secretly photographing 3.Recording conversations.  The London Metropolitan Police (the world's first modern organized police force). ***guided by the concept of crime prevention as a primary police objective. ***became the model for other police forces in Great Britain. ***Informal names are, "the Met" and "MPS". ***it is also referred to as Scotland Yard. ***Police are often referred to as ´Bobbies´ or 'Peelers'. ***The primary role of the police in Britain was to keep the Queen's Peace. DR. HANS GROSS (1847-1915) 1.The earliest advocate of criminal investigation as a science who coined the term Criminalistics. 2.He wrote a book entitled “System der Kriminalistiks” in which he stated that criminal investigation is 95 % perspiration, 5% intuition, inspiration and luck. 3.Born in Graz City, Southern Austria. Finished Bachelor of laws, professor of Criminology at the University of Vienna.  Fatherofcri mi nali sti cs.  Earli estadvocatorofcri mi nalinvestigati on asa science.  He became interested i ninvesti gation whil e servi ng asan examining magi strate and became a professorofCrimi nol ogyatthe Uni versi tyofVienna.  Francis Galton (1892) published his study on classifying fingerprints and recognized the uniqueness of the fingerprints to be used as evidence against a suspect. Alexander Lacassagne founder in the fields of medical jurisprudence and criminal anthropology. specialist in the field of toxicology and a pioneer regarding bloodstain pattern analysis and the research of bullet markings and their relationship to specific weapons. Texas First State Police of Rangers United States (1835) Forerunner of the FBI The 1st law enforcement agency with statewide investigative authority. CHARLES DICKENS (USA, 1852) wrote the novel entitled “Bleak House” Introduced the term detective to the English language (Adams & Taylor, 1995).  ALLAN PINKERTON (USA, 1852) - The America’s foremost private detective. - He is the “America’s Founder of Criminal Investigation.” - He pioneered Shadowing - the art of suspects surveillance. Roping - working in undercover capacity. Founder of Pinkerton Detective Agency in USA with motto “We never sleep.” Inventor of mug shots – photographs of arrested persons. The purpose of the mug shot is to allow law enforcement to have a photographic record of the arrested individual to allow for identification by victims and investigators. Allan Pinkerton (1818-1884) Organized the Pinkerton's National Detective Agency ( 1850) and was appointed as the first city detective in Chicago. The recovery of a large sum of money stolen from the Adams Express Company and the discovery of a plot to murder Abraham Lincoln in 1861 made his reputation. Organized the secret service of the U.S. Army. During the railroad strikes of 1877, his agency provided strikebreakers. His books include Strikers, Communists and Tramps (1878) and Thirty Years a Detective (1884). KATE WAYNE America's first female detective and spy. She was employed by the Pinkerton Detective Agency in USA. She was part of the Pinkerton team that uncovered a plot to assassinate President Abraham Lincoln on his way through William Henry Baltimore to Fox Talbot (1839) Washington DC He explained the photographic process he invented to the Royal Society of London. Thomas Byrnes (1842- 1910) He built up a book of criminals, which he called R ogues G allery (1886), a police collection of pictures or photographs of criminals and suspects kept for identification purposes. He introduced “M odus operandi file” Arthur Conan Doyle (1895-1930) A novelist who popularized scientific criminal investigation by creating a fictional detective “Sherlock Holmes and his friend Watson”  JOHN EDGAR HOOVER 1924 - head of the Bureau of Investigation (BI) of the Justice Department. 1935, when B.I. became the Federal Bureau of Investigation (FBI), Hoover was made its Director. May 1, 1972 – Hoover died in Washington DC. He served under every president from Calvin Coolidge (1923-1929) to Richard Nixon (1969-1974) NOTE: 1.Hoover served the longest years as Director of FBI from 1924 to 1972. 2.During the administration of Hoover, the FBI advanced its technology of crime fighting. 3.Several wanted persons and criminals were arrested to included  Under his dictatorship in 1924, the Federal Bureau of Investigation was organized. This bureau then contributed to the overall development of criminal investigation. The creation of a nationwide identification file in Washington, D.C., operated by the FBI, was a major step in consolidating identification records of thousands of individual police departments. DR. PAUL KIRK (USA, JACQUES MANDE 1954) DAGUERRE (1839) The best known gave a public Criminalist who demonstration in headed the Paris of his Department of discovery on the Photographic Criminalistics at the process he University of developed in California, USA. collaboration with Nicephore Niepce.  Alphonse Bertillon (1853-1914) 1. The Father or “Personal Identification” 2. He introduced the the 1st systematic identification system based on the Anthropological measurement. (Bertillon System, also known as Anthropometry or Anthropological Signalement) 3. The founder of Criminal Investigation as well as the founder of Personal Identification. ***The system recordsanthropometri cmeasurementsand personal characteri sticssuch ascolorofeyes,scars,and deformiti es.The fol lowi ng measurementsare taken:(1)Body,(2)Head and (3)Li mbs.  Howard Vincent (1877) headed the newly organized Criminal Investigation Department in Scotland Yard. He is a London lawyer without field police experience, who had observed operations of the Paris police. The Department contained several hundred detectives. Jessie James Gang (1866) made the first hold-up which marks the beginning of the gang’s 15 year hold-up and robbery spree (12 bank hold-ups and 12 train stage coach robberies in 11 states). Clay County Savings Association was their first victim and took $60,000.00.  August "Gus" Vollmer (Mar. 7, 1876- Nov.4,1955)- Father of Modern Law Enforcement. leading figure in the development of the field of criminal justice in the United States in the early 20th century. The first police chief of Berkaley California. He trained his deputies in marksmanship. He was the first chief to require that police officers attain college degrees, and persuaded the University of California to tech criminal justice. In 1916, UC-Berkeley established a criminal justice program, headed by Vollmer.  August "Gus" Vollmer (Mar. 7, 1876- Nov.4,1955)- Father of Modern Law Enforcement. afflicted with Parkinson’s Disease and cancer, he committed suicide at age 79 in 1955. first to use the lie detector in police work. Established the following a bicycle patrol  1st centralized police records system  call box network  motorized force.  radios in patrol cars. JURISPRUDENCE RELATED TO CRIMINAL INVESTIGATION 1. MAPP vs. OHIO (1961)- The Supreme Court ruled that illegally obtained evidence is inadmissible in state criminal prosecutions. This case established the “Doctrine of Poisonous Tree.” 2. MIRANDA vs ARIZONA (1966)– The US Supreme Court established procedural guidelines for taking criminal confessions. The case is the origin of the present Miranda rights of every accused under the custody of police. This is known as the Miranda Rule, Doctrine, or Warning. Under it, suspects taken into custody or deprived of their freedom of action, who are to be questioned by law enforcement officers, must be warned in substantially the following terms:  JURISPRUDENCE RELATED TO CRIMINAL INVESTIGATION 1. You have the right to remain silent. 2. Anything that you say can be used against you. 3. You have the right to talk with a lawyer and have the attorney present during questioning. 4. If you cannot afford an attorney, one will be appointed to represent you before any questioning at your request. JURISPRUDENCE RELATED TO CRIMINAL INVESTIGATION cont’n. 3. Gideon vs. Wainwright (U.S., 1963) -The Supreme Court held that the Sixth Amendment, which guarantees criminal defendants the assistance of counsel, requires state governments to provide attorneys for indigent (poor) criminal defendants. 4. Escobedo vs. Illinois (U.S., 1964)-The Court held that a suspect has a right to have an attorney present when being interrogated in police custody as well as during a trial. JURISPRUDENCE RELATED TO CRIMINAL INVESTIGATION cont’n. 3. Morales vs. Juan Ponce Enrile (1983)-The Supreme Court of the Philippines ruled in this case and made a clear remark that the Miranda Warning as it is generally called have to be made so that a confession can be admitted. 4. People vs. Duero (1981) - The warning of the right to remain silent must be accompanied with an explanation that anything said can and will be used against the individual in court. This warning is needed in order to make him aware not only the privilege but also of the consequences of forgetting it. PHILIPPINE ORIGIN OF CRIMINAL INVESTIGATION 1.1901, Act. No. 70 - This act is otherwise known as the Charter of Manila creating the police force for the city of Manila. 2.January 9, 1901 - The Manila Police Department was organized with Col. Matthew Harmon (1901-1903) as the first chief of police. 3.1909-1919 - During the American occupation, the criminal Investigation service was primarily organized out of the great necessity of the Philippine Constabulary in the investigation of crimes. 4.1913 -The genesis of Criminal Investigation in the Manila Police Department, presently known as the Western Police District took place. Constitutional Provisions Applicable in Criminal Investigation 1. ART. 3, SECTION 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.  CONSTITUTIONAL PROVISIONS APPLICABLE IN CRIMINAL INVESTIGATION 2. ART. 3 SECTION 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.  CONSTITUTIONAL PROVISIONS APPLICABLE IN CRIMINAL INVESTIGATION 3. SECTION 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. 4. SECTION 17. No person shall be compelled to be a witness against himself. WHO IS A CRIMINAL INVESTIGATOR? So-called the superstar in the process of investigation. He must be capable of observation and a rational thinker. Many times, a police investigator is being tested with his discretion. DISCRETION is the wise use of one’s own judgment. ROLES OF THE CRIMINAL INVESTIGATOR 1. Determine whether a crime has been committed; 2. Identify the victim/s and the offender; 3. Locate and apprehend the offender; 4. Present evidence of guilt for the offender/s; and 5. Assist in case follow-up. CHARACTERISTICS OF INVESTIGATOR ? Endurance - the ability of the investigator to last physically and mentally hence; he must have the extraordinary physical and mental energy, enduring sleepless nights and tiresome days. Incorruptible Honesty and Integrity - the degree of honesty and integrity of the investigator on several temptations over money that is offered to affect the investigation, women and drinks where these are present in every corner playing tricks of temptations. Intelligence and Wisdom of Solomon - This is very important in order that the investigator could easily decipher falsehood from truth and separate the grain from the chaff. Acting Activity - the ability of the investigator in stooping down to the level of a minor, the prostitute or the slum dwellers, professionals or other members of the elite during the investigation process CHARACTERISTICS OF INVESTIGATOR Oral and Written Communication –this is important in getting the accurate facts especially in the preparation of reports and or transmittal of information. This includes the use of appropriate words in making a report and writing observations and descriptions of places, things and events. CHARACTERISTICS OF INVESTIGATOR Observation and Description - The investigator should be a keen observer and knows how to accurately describe everything. This is important in crime scene investigation and in conducting interview and interrogation. Courage - It is the moral fortitude of the investigator to tell the truth irrespective of who gets hurt. Knowledge on Laws - The investigator should have basic knowledge on legal matters concerning investigation. The power to “read between the lines.” - This refers to the ability of the investigator to interpret the words or phrases encountered in the process of investigation into their deeper meaning in order to arrive with a concrete meaning of a certain statement.  9 GOLDEN RULES TO BE OBSERVED BY THE INVESTIGATOR UPON HIS ARRIVAL AT THE SCENE OF THE CRIME 1. Identify and if possible, retain for questioning person who first notified the police. 2. Determine the perpetrator by direct inquiry or serve him, if his identity is immediately apparent. 3. Detain all persons present at the scene. 4. Summon assistance, if necessary. 5. Safeguard the area by issuing appropriate orders by physically isolating it. 6. Subsequently, permit only authorized persons to enter the area. 7. Separate the witnesses in order to obtain independent statements 8. Do not touch or move any object. 9. Definitely assign the duties of the search if assistant are present.  CARDINAL POINTS IN CRIMINAL INVESTIGATION 1. What Questions: find out what happened or what took place before, during and immediately after the commission of the offense. 2. Where Questions: localize the place of the incident- the city or town, the district or barangay, the street or road, the number of the house or building 3. When Questions: determine and fix the time, day, month and year when the crime was committed. 4. Why Questions: endeavor to ascertain the motives, causes, antecedents, previous, incidents, related facts, background occurrences that might help explain the commission of the offense. 5. How Questions: determine how the crime was committed, the means/tools that are employed, how the crime was discovered, how the culprit enters the building/room. Very significant in preparing the modus operandi file or report  GOLDEN RULE IN CRIMINAL INVESTIGATION “Never touch, alter, move, or transfer any object at the crime scene unless it is properly marked, measured, sketched and/or photographed.” The purpose of this rule is to avoid the mutilation, alteration and contamination (MAC) of the physical evidences found at the crime scene. TOOLS IN CRIMINAL INVESTIGATION The knowledge which the investigator had gathered from persons or documents, which are pertinent or relevant concerning the commission of the crime. It can be classified into Regular (Records, files INFORMATION from the government or non-government agencies, new s items), Cultivated (furnished by informants or informers) and Grapevines sources (disclosed by the underw orld characters such as prisoners or ex-convicts). INTERVIEW/ Interview and interrogation are both ways of obtaining information from a certain INTERROGATION suspect or person that has knowledge on a crime. process of applying instruments or tools of the police sciences in criminal INSTRUMENTATION / CRIMINALISTICS investigation and detection. This is the use of the Police Laboratory in the examination of physical evidences  INTERVIEW/INTERROGATION “The right question will provide the right answer if it is asked to ? Interview & Interrogation the right person at the right time and at the right place.”  INTERVIEW/INTERROGATION Interview: The simple questioning of a person believed to possess information, which are relevant to the investigation of a crime or on criminal activities. ? Interrogation: It is the vigorous and confrontational questioning of a reluctant suspect about his participation in the commission of crime. It is confrontational in the sense that the investigator places the guilt on the accused.  INTERVIEW/INTERROGATION INTERVIEW INTERROGATION It is a simple questioning of It involves skillful, vigorous and a person. confrontational questioning. “Friendly manner” “Aggressive manner” Applies to cooperative Applies to suspects and witnesses. uncooperative or reluctant witness. The purpose is to obtain is The purpose is to obtain to obtain information. admission or confession. Interviewee/Interviewer Interrogee/interrogator  GENERAL KINDS OF INTERVIEW 1. Cognitive Interview – Interviewee is given full opportunity to narrate their accounts w/o intervention, interruption and interference from the interviewer. 2. Question and Answer – It requires the interviewee to answer the question posed by the investigator. The interviewee is required to answer on what he knows about what is being asked.  GOLDEN RULE IN INTERVIEW “Never allow the interviewer to conduct nor let anyone to conduct an interview without prior visit to the crime scene.”  RULES IN QUESTIONING 1.One Question at a Time 2.Avoid Implied Answer 3.Simplicity of Question 4.Saving Face 5.Yes and No Answer  WHY WITNESSES REFUSE TO TALK? 1.Fear of Reprisal 2.Great Inconvenience 3.Hatred against the Police 4.Because of Bias of Witness 5.Avoidance of Publicity 6.Family Restriction  Phases of Interview 1. Preparation –review of the facts at the crime scene and information from other sources in order that he would be ready for the questioning serves this stage. A background data of the subject should be available so that he could adapt himself to the kind of approach to be employed. 2. Approach – This is done through investigator’s careful selection of the kind of approach he will use, which maybe a single kind, a combination of two or the application of all techniques. 3. Warming Up - This is done by preliminary or exploratory questions to clear the atmosphere, promote a conducive place for cordiality, respect and trust for each other. 4. Cognitive Interview – This is performed by allowing or asking now the subject to narrate his account without interruption, intervention or interference. It is only after the completion of the uninterrupted narration that the investigator begins his direct and cross-examinations.  QUALITIES OF A GOOD INTERVIEWER The good relation between the interviewer and the interviewee, which is conducive to a fruitful result. a. Forceful personality strength of character b. Knowledge on Psychology/Psychiatry c. Rapport determine the personality and the interviewer must know how to d. Conversational appropriatelyTone of Voice use his voice normally. intelligence of his subject e. Acting Qualities f. Humility possess the qualities of an actor, etc. and know how to use the power of persuasion. ready to ask apologies for the inconvenience of the interview  TYPES OF WITNESS a. Disinterested Type uncooperative and indifferent subject. To deal with them is to find out their field of interest so that they will talk. b. Know-nothing Type reluctant type of witness. Found among the uneducated c. The Drunken Type and of low level of intelligence. Go down to their level. d. Talkative Type When the drunken subject has sobered, another interview will be conducted, confronting him about his disclosures while in the state of drunkenness. The written statement must be taken during his sobriety. e. Honest Witness Note: The skillful investigator prone to exaggerate, their narration. could adding irrelevant prune or new matters tothe unnecessary matters from the relevant ones. Truthful and cooperative witness where the investigator could rely upon, with little or no problem in handling them.  TYPES OF WITNESS f. Deceitful Witness This is a liar type of witness. Let him lie and order him to repeat several times their narration. He will be enmeshed in contradictions. g. Timid Witness h. Refusal to Talk This is the most difficult subject to deal with. Find out the reasons of his personality such as: trauma, shock, fear, hatred, and others. a shy witness. The approach must be friendly and reassuring confidentiality of their information. It should be hidden from the devouring press by interviews or photo sessions.  TECHNIQUES IN INTERROGATION 1. Emotional Appeal - combining the skills of an actor and a psychologist, addresses the suspect with an emotional appeal to confess. Applicable to first time offenders or those who are of the emotional type of characteristics displayed by nervousness or emotional disturbances. Devotees of a religion may belong to this type. 2. Sympathetic Approach - The investigator, in his preliminary or probing questions must dig deep into the past troubles, plight and unfortunate events in the life of the suspect. An offer of help, kindness, friendliness, may win his cooperation. 3. Friendliness - A friendly approach coupled with a posture of sincerity may induce the suspect to confess.  TECHNIQUES IN INTERROGATION 4.Trick and Bluff Techniques a. Pretense of Solid Evidence - The Investigator bluffs the suspect that even if he will not confess, there is enough evidence to send him to jail. b. Weakest Link - Among the suspects, there must be a careful selection of who among them is the weakest link where the interrogation will begin. By tricks and bluffs, this weakest link will be told that his companions had already confessed. That this weakest link had dealt the fatal blow or that he received the lion share of the loot in order to intrigue him. c. Drama - The weakest link maybe used to fake pain and agony by ordering him to shout, accompanied by banging a chair on the wall to make it appear that a commotion is going on. The other suspects in separate rooms must hear the drama before telling them that their partner had confessed.  TECHNIQUES IN INTERROGATION d. Feigning Contact with Family Members - The suspect could be tricked that the investigator had gone to the residence and the family members had supplied facts against the suspect. The suspect’s family will be dragged into the investigation if the suspect will not confess. e. Line Up - The complainant, witness or victim is requested to point positively to the suspect in the police line-up. The witnesses’ victims or complainant are previously coached about the identity of the suspect. f. Reverse Line Up - The suspect is placed among other persons in a line up and he is identified by several complainants and witnesses who will associate the suspect in other several crimes. This will cause the suspect to become desperate and confess only to the case under investigation, to avoid from being charged on false accusations. TECHNIQUES IN INTERROGATION g.Stern Approach - The investigator displays a stern (demands immediate response) personality towards the suspect by using the following methods: 1. Jolting - In the questioning process, the investigator selects the right moment to shout a pertinent question in an apparent righteous outrage. The suspect’s nerves will break to a confession. TECHNIQUES IN INTERROGATION 2. Opportunity to Lie - The suspect is given all the opportunities to lie. The suspect is questioned about his personal life, family, friends and his knowledge about the complainant and witnesses. Then the suspect is questioned about his activity prior, during and after the commission of the crime. This is repeated many times, to include the investigator focusing his questions about the knowledge of the suspect of the crime. 5. Mutt and Jeff (Sweet and Sour/Angel and Devil Method) – There are two investigator. The first set of investigators must appear to be rough, mean and dangerous while the second set is sympathetic and understanding. 6. Removing the Ethnic or Cultural Barrier - It is the Filipino’s way of life that we put our trust and confidence to those who belong to our clan or tribe. The interrogation must be in the language or dialect of the suspect so that we could get his full confidence. This is removing the language barrier. 7. Searching for the Soft Spot - In every man’s heart, there is always that softest spot. That spots maybe the youngest child, the wife, the mother, and the brother who acted as his father, the grandparents or the best friend. Once discovered, there must be a face-to-face meeting with that special person and that heart of steel will melt to pieces.  TECHNIQUES IN INTERROGATION 8. Rationalization - It is the use of reasons, which is acceptable to the subject that led to the commission of the crime. 9. Projection - It is the process of putting the blame to other persons, not alone to the suspect. 10.Minimization - It is the act of minimizing the culpability of the suspect. The investigator convinces the suspect that a confession will reduce the offense and the penalty.  SIGNS OF DECEPTION 1. Excessive Sweating - indicates tension, anxiety, shock or fear. 2. Change of Facial Color - A pale face is a reliable indicator of guilt or deception. 3. Dry Mouth 4. Excessive Breathing 5. Increase of Pulse Beat 6. Avoidance of Direct Eye Contact  INTERROGATION ROOM The room chosen for the interrogation should provide freedom from distractions. It should be designed for simplicity with a view to enhancing the concentration of both of the interrogation and the subject on the matter under interrogation. Privacy. Interruption dispel of concentration that may have been carefully cultivated by the investigator, hence, the following are desirable: 1. Restricted Entrance - Investigator single door is preferable. Several doors suggest Suspect possible interruption and destroy the sense of focused attention. 2. absence of window or view. 3. sound proofing. 4. telephone without bell  Simplicity. Distracting influence should be kept minimum. The suspect may strive to avoid the investigator’s concentration by focusing Lights his attention on some object in the room which Wall clock suggest a different train of Doors thought. Telephone without bell 1. Medium Sized Room. 2. Bare Walls. Pictures and Video charts are distracting. cam Two way3. No Glaring Lights mirror 4. Minimum Furniture. Technical Aid. 1.Recording Installation. Important interrogations and confession should be recorded. 2.Listening Device. A hidden microphone such as a “live” telephone Two way mirror should be installed. Recording Device 3.Two way Mirror. This device appears to be a plain mirror on one side but permits a person on Recorder the other side to see through without being observed.  Seating Arrangement. The Subject and the investigator should be seated with no large furniture between them. 1. Chair. Armless, straight back chair for the suspect. Armless chair 2. Table or Desk. The investigator requires a flat surface on which to place papers and articles of Su evidence. s to t pect 3. Suspects. Seating the he w d o o i th h r is bac suspect with his back to the k door further deprives him Table of any hope of interruptions or distraction.  Su sp ect Listeni Recorder ng Device Investigator Whole view of the Interrogation Room  CONFESSION AND ADMISSION CONFESSION: The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him. (Sec. 33, Rule 130, Rules of Court) ADMISSION: A statement, oral or written, made by a party, or by someone for whom he is responsible as to the existence of a relevant fact.  DISTINCTION CONFESSION ADMISSION There is declaration of the There is a statement of the person (accused); person (accused); The accused is he Does not involve acknowledged his guilt or acknowledgment of guilt or participation in the criminal intent. The person commission of a crime; only acknowledged facts or circumstances of the crime; Guilt is admitted. There is no acceptance of guilt. Personal to the accused Could be done by persons other than party himself. Disputable, inconclusive and Conclusive may be repudiated. Express acknowledgment Could be implied from some participation/ commission act or failure to act.  KINDS OF CONFESSION  Extra Judicial court Judicial Confession - made in open. Confession - made ***maybe made during during custodial arraignment or any stage of investigation or outside the proceedings. of the Court. ***conclusive upon the court ***“Extra judicial and may be considered to be confession is not sufficient ground for a mitigating circumstance to conviction unless criminal liability. corroborated by ***A plea of guilty when evidence of corpus formally entered on delicti-body of the arraignment is sufficient to crime.” (Sec 3, Rule sustain conviction of any 133, ROC) offense, even a capital one, without further proof.  INFORMANT AND INFORMER  INFORMANT -  INFORMER- Provides An informant is any information to the police on a person who regular basis. They are furnishes the police either PAID regularly or in a information relevant case-to-case basis, or none to a criminal case about the activities at all. They are cultivated of criminals or and established by the police syndicates on a more or less permanent WITHOUT any character and as long as monetary they are loyal and useful to consideration. the police organization. T THANK YOU R REWARD  Types of Informant a.Self-Aggrandizing This kind of informant moves around the centers of criminals, group or b. Women Informant syndicate and delights in surprising the police about bits of information. His information may be of value by way of authentication in intelligence. c. Mercenary femal e associ effecti ate ofthe cri ve and dangerous. minal sconsi dered useful , d. Confidential i nformati on forsale e. Double-Crosser Informant He ofi doesnotwantto be i nformati on. denti fi ed asthe source Useshi sseemi ng desire to di vulge informati on as an excuse to tal kto the pol i ce in orderto getmore i nformation from them more than he gi ves. To counter,the police applythe decepti on method by givi ng him false informati on.  Types of Informant A. Rival-Elimination Informant eli minate the ri valperson organg due to competi ti on or othermoti vessuch asrevenge,etc. B. Anonymous Informant C. False Informant Anonymousphone cal ler,l etterwri terora textsender. -Usual lyreveal D. Frightened s informati Informanton ofno consequence,val ue orstuffconnected with thin ai r.Hispurpose isto appearto be on the si de ofthe l aw and for throwi ng outthe suspi cion from hi mselforfrom hi sgang orassociates. He i sprodded byfearorsel f-i nteresti n gi ving i nformati on to the poli ce.Moti vated byanxietyand self-preservati on ofhi swel lbei ng.The weakestli nk i n the composi tion ofthe criminalchain. WHAT IS CUSTODIAL INVESTIGATION Custodial Investigation - Any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom in any significant way.  Motives of Informants 1. Vanity - The motive is for self-aggrandizement by gaining favorable attention and importance by police. 2. Civic Mindedness - Those imbued with the sense of duty and obligation to assist the police in their task. 3. Fear - It is the engendered illusion of oppression from enemies or from impending dangers. 4. Repentance - Those lesser criminals such as accomplices or accessories who will have a change in heart to unburden their conscience. Motives of Informants continuation… 5. Avoidance of punishment - state witness maybe excused when not the most guilty. 6. Gratitude or Gain- give information due to good experience. 7. Competition - It is the engendered illusion of oppression from enemies or from impending dangers. 8. Revenge- retaliation done by person. 9. Jealousy- due to material or life situation. 10.Remuneration- reward/consideration.  ARREST, SEARCH, SEIZURE AND RAID  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. It is the taking of a person into custody in order that he may be bound to answer for the commission of an offense (Sec. 1, Rule 113, Rules of Court).  How Arrest is 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 (Sec. 2, Rule 113, Rules of Court). Execution of Warrant The head of office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within 10 days from its receipt.  Within 10 days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of failure to execute the warrant, he shall state the reasons therefor (Sec. 4, Rule 113, Rules of Court). Note: A warrant of arrest has NO expiry date. It remains valid until arrest is effected or warrant is lifted.  Two Modes of Arrest 1. Arrest by virtue of a warrant; ***W arrant of Arrest is an order in w riting issued in the name of the People of the Philippines signed by a judge directed to a peace officer, commanding him to arrest the person designated and take him into custody of the law in order that he may be bound to answ er for the commission of an offense. 2. Arrest without a warrant under exceptional circumstances as may be provide by the statute (Sec. 5, Rule 113, Rules of Court).  Two Modes of Arrest Requisites: 1.It must be issued upon probable cause which may be determined personally by a judge after examination under oath or affirmation of the complainant and the witnesses he may produce; What is Probable 2.The warrant must Cause? Probable particularly cause describe the refers persontoto the facts and circumstances which be seized. could lead a reasonable, discreet and prudent man to believe that the property subject of an offense is in the place sought to be searched. A. Richard Doe/John Doe Warrant A warrant containing no specific person to be arrested but only descriptions based from the testimonies of the victim/s or the witnesses. It contains the physical description of the accused as well as other factors to be considered for the identification of the accused. B. General Warrant Warrant with no specific subject. Not allowed. C. Scattered Shot Warrant A form of general warrant having D. Alias Warrant to or more subjects. Not allowed. Alias Warrant refers to the warrant of arrest issued by a judge to the peace officer after returning the original warrant of arrest after the lapse of the 10-day validity period.  THE WARRANTLESS ARREST 1. When, in his 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).  THE WARRANTLESS ARREST 3. When the person to be arrested is an escapee. 4. When an accused who was released on bail attempts to depart from the Philippines without prior permission of the court where the case is pending (Sec. 23, Rule 114, Rules of Court). 5. For the purpose of surrendering the accused, the bondsmen may arrest him or. Upon written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police officer or any other person of suitable age and discretion. (Par. 1 Sec. 23 Rule 114, Rules of Court)  THE WARRANTLESS ARREST 6. If a person lawfully arrested escapes or is recued, any person may immediately pursue or take him without a warrant at any time and in any place within the Philippines. (After escape or rescue doctrine) 7. Violent insanity (Art 124, RPC). 8. Ailment requiring compulsory confinement in a hospital (Art 124, RPC). If he was arrested without a warrant for the commission of a crime, he can be detained for: 1. 12 hours if the crime is punishable by Arresto Menor (prison term from 1 to 30 days), public censure, fine below PHP 200. 2. 24 hours if the crime is punishable by Prision Correccional (prison term from 6 months and 1 day to 6 years), Arresto Mayor (prison term from1month and 1 day to 6 months), Suspension, Destierro, Fine from PHP 200 to PHP 6,000. 3. 36 hours if the crime is punishable by Reclusion Perpetua (Literally life imprisonment. But pardon is provided by law after 30 years service) Reclusion Temporal (prison term from 12 years and 1 day to 20 years), Perpetual or Temporary Absolute Disqualification, Perpetual or Temporary Special Disqualification, Prision Mayor (prison term from 6 years and 1 day to 12 years), Fine exceeding PHP 6,000 (Article 124, Revised Penal Code II).  SEARCH AND SEIZURE The word “search” was derived from the Anglo- Norman word “searcher,” Old French cerchier which means “to explore,” and Latin word “circare" which means “go around in circles”. Search is the act of examining persons, documents, papers and effects. An order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer commanding him to search for personal property and bring it before the court (Sec. 1, Rule 1126, Rules of Court).  SEARCH AND SEIZURE (Sec 2, Art III, 1987 Constitution) The word “search” was derived from the Anglo-Norman word “searcher,” Old French cerchier which means “to explore,” and Latin word “circare" which means “go around in circles”. Search is the act of examining persons, documents, papers and effects. An order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer commanding him to search for personal property and bring it before the court (Sec. 1, Rule 1126, Rules of Court). Seizure is the taking into custody of property found by searching.  REQUISITE BEFORE A SEARCH WARRANT IS ISSUED It must be issued upon probable cause. It must be determined personally by judge after examining the complainant and the witness he may produces. It must particularly describe the thing to be seized.  Who should witness a search? No search of a house, room, or any other premise shall be made except in the presence of any of the following: 1. The legal occupant thereof; 2. Any member of his family; 3. In the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality according to sec 8, Rule 126, Revised Rules of Court (Reyes, 2001).  What are the personal properties to be seized? 1. Subject of the offense; 2. Stolen or embezzled and other proceeds, or fruits of the offense; or 3. Used or intended to be used as the means of committing an offense (Sec. 3, Rule 126, Revised Rules of Court).  Instances of Warrantless Searches 1. Search Incidental to a Lawful Arrest A person l awful lyarrested maybe searched fordangerousweaponsoranythi ng, which maybe used asproofofthe commi ssion ofan offense,wi thoutsearch warrant. 2. Search in Violation of Tariff and Custom Laws Involvesi ll egalentryof“smuggled goods”in ourcountrythatmayaffect 3. Plain ocalView the l busi Doctrine nesses especi alytheSearch l smallti me busi nessmen. 4. Pol Search i cersof ce offi can sMoving ei ze arti clesorVehicles obj ectswhi ch i (carol nadvertentl rule) ycome to thei rvi ew wi thoutexerti ng anyeffortand whi ch obj ecti sincri minatoryto the accused. Popularlycal led as“checkpoints.Done during “abnormaltimes”when publ icwel fare i satstake. Thus,everyvehi cl e thatpassesthe certai n checkpointcan be searched withoutsearch warrant. Iti snotperse inval i d provi ded thatsearchesconducted therei n are l imited to a mere cursory inspection.  Instances of Warrantless Searches 5. Inspection of Buildings for Fire and Sanitary Regulations 6. The Stop and Frisk Rule (Terry Rule) W here a pol ice offi cer observes unusualconduct whi ch l eads him reasonabl y to conclude inl ightofhi s experience thatcri minalacti vi ty may be afootand thatthe persons wi th whom he i s deali ng may be armed and presentl y dangerous,where i n the course ofi nvestigati ng this behavi or he identi fied himsel fas a pol i ceman and makes reasonabl ei nqui ries,and nothi ng i n the i niti alstages ofthe encounterserves to dispel his reasonabl e fear for his own or others safety, he is entitl ed for the 7.prot Search ecti on ofhi inelemergency ms fand others i cases n the ar ea to conducta careful lyli mi ted search ofthe outerclothing ofsuch persons in an attemptto discoverweaponswhi ch mightbe used 8.to as Enforcement saulthim. of health and sanitary laws  Kinds of search a. Preliminary Search of a Person – This is ordinarily made at the time and scene of an arrest. Its primary purposes are: To discover concealed weapons; and Seizure of incriminating evidence which might otherwise be destroyed. b. Complete Search – This is done at the place of detention wherein the subject is stripped and clothing and other possessions are thoroughly examined  Kinds of search a. Kneeling Search Thisisused where no wallorupri ghtobjecti savai l able forthe wallsearch. The subj ecti s requi red to kneelwi th handsrai sed orsecured behind him with handcuffs. b. Standing Search The subject is in a prone position, face down touching the ground, with arms c. Wall Search extended over his head. The investigator crouches at the side of the subject at the region of the waist of the subject. The subjecti sin a standing posi ti on with feetapartand handsraised. The d. Floor Search searcherstandsto the rearand usesthe techni method isonlyappl i ed orempl quesasi n wal lsearch. Thi oyed when there are two ormore arresti ng s offi cers. The subj ect i splaced aboutten inchesoutorarmsreach from the wall. He i sthen made to l ean forward agai nstthe wal lwi th hi shead down.  Types of search for the perpetrator a.hot search- actual search of the crime scene immediately after the commission of the crime b.warm search- search of the general vicinity of the crime scene c. cold search- investigative search  RAID A surprise invasion of a building or area. It is a small- scale attack of a limited territory. A raid must be legal, having its basis in lawful process and conducted in a legal manner through search warrant or warrant of arrest. Raid may be in pursuit of a person reasonably believed to be guilty of a felony when it is known that the felony has just been committed.  PURPOSE OF A RAID 1. To effect apprehension; 2. To obtain evidence of illegal activity by surprising the offenders in flagrante delicto; or 3. To recover stolen property  Composition of a Raid Team 1. Raid commander; 5. In charge of rendering 2. Assistant raid inoperative to the commander; subject’s vehicle, if 3. Covering or surrounding any; party; 6. Recorder who should 4. Going-in detail or keep log of the raid, entering party; gather evidence, 5. In charge of raiding make inventories and vehicle; testify in court, and 7. Photographer  Don’ts in a Raid 1. Don’t take unnecessary chances; 2. Don’t underestimate the ability or courage of the subject (s); 3. Don’t raid when not properly prepared; 4. Don’t endanger the lives of bystander; 5. Don’t use raiders that are not well-acquainted with each other; 6. Don’t forget gas mask when employing tear gas; 7. Don’t make unnecessary rough on the subject(s); 8. Don’t shoot to kill unless very imperative; 9. Don’t touch the evidence unless seen by witnesses, or by the owner or occupant of the place  SHOOT-TO-KILL ORDER 1. Would it be legal for the President of the Republic of the Philippines, or, the Secretary of Justice, or the Secretary of the Interior and Local Government, or any other superior public officers to declare or issue a “shoot to kill order” against suspected criminal offenders or accused persons who are at large and charged of heinous crimes, or against notorious criminals, or fugitives of justice who are known to be heavily armed and dangerous?  SHOOT-TO-KILL ORDER ANSWER: NO. A “shoot to kill order” is not only a palpable, flagrant, deliberate and intentional violation of the constitutional and procedural due process and violation of human rights, but more importantly, is inherently illegal per se. There is no existing law or jurisprudential authority in the Philippines that legally allow such kind of order.  SHOOT-TO-KILL ORDER 1. Why a “shoot to kill order” is inherently illegal per se? Answer: A “shoot to kill order” is NOT SYNONYMOUS to a cautionary warning to law enforcers to be extra-careful in pursuing the wanted criminals for being armed and dangerous. It is a basic rule of law that in case of imminent danger to life and limb, the law enforcers are legally bound, in the lawful performance of their duty, to use reasonable force to prevent and repel it. Obviously, a “shoot to kill order” is an IMPLIED INSINUATION for law enforcers to disregard the rule of law and the “rule of engagement” if only to accomplish the ultimate purpose of subduing the illegal activities of criminal elements. No matter how noble and patriotic the purpose may be, the “MEANS DOES NOT JUSTIFY THE END.”  Collecting, Marking, Tagging, and Preserving Evidence  Collecting Evidence Collection of liquid blood: Use clean, disposable pipette or eyedropper for each sample collected. Place the sample in a container, avoiding air space because air will cause the blood to dry. If the amount of blood is minimal, collection may best be made by placing the sample in a normal saline solution (1 tablespoon salt in 1 quart of distilled water. Refrigerate sample in saline solution as soon as possible. Do not mix areas where samples are collected. Above all, avoid contaminating the samples by re-using collection tools.  Collecting Evidence All items that were found in the crime scene should be collected. The collecting officer should not decide whether a certain item is relevant or irrelevant. Small pieces of evidence also must have to be given importance, thus collecting them is necessary.  Marking of Evidence  As evidence is collected, it is individually marked with the initials of the investigator. The marking tool depends upon the nature of the evidence. 1. A sharp-pointed steel used in scratching and engraving the initials of investigator in hard object such as metals collected in the crime scene. a. Crow bar b. Steel pen c. Stylus d. Bracer  Marking of Evidence 1. Mark with initials of recovering officer. 2. Never use “X”. 3. Record any serial number (if applicable) and other distinctive mark. 4. Mark the object without damage. 5. Always mark the container in which the object is placed even if object itself is already marked. 6. When tags are used, make corresponding entry in the tag and attach it securely to the object  Methods of Marking Specific Evidence 1. Revolvers & pistol : barrel, frame, butt, cylinder, and stock. ***For revolver, put tape around its bore and frame with signature of the investigator. ***For pistol, put tape around it with signature to avoid changing the parts of the gun. 2. Rifles: barrel, frame, magazine, bolt or slide. All magazines and accessories shall also be marked. 3. Fired Empty Shells, Misfired Cartridges: inside the mouth. If impossible, marked on the side of the body of the shells, not on the base. 4. Bullets/ Slugs/ Balls/ Pellets: ogive or nose/base. ***The initial name of the investigator and date should be marked on those parts so that the rifling marks found in the bullet or slug will not be disturbed because they are very important for ballistic examination  Tagging of Evidence When evidence which by their nature could not be marked on each surface such as blood, hairs, fibers, they are placed in the plastic container where that container is then marked, we call such practice as tagging the physical evidence with the use of card where the initials of the investigator, date and time of collection, specific case and other information can be written.  Preserving of Evidence Perishable materials should be preserved along the way or the preservation is in order to reach the court in the same physical condition as when they where collected from the crime scene. This is the work of a laboratory technician. However, evidences pass through several persons for several purposes. The principle of chain of custody must be observed. ***Chain of custody - the number of persons who handled and possessed the pieces of evidence the moment that they were collected, marked and tagged, up to the time of the final disposition of the case.  What is meant by reconstruction of the crime? After completion of the search, an effort must be made to determine from the appearance of the place and its objects what actually occurred and what the circumstances of a crime were. 1. Physical Reconstruction—the physical appearance of the crime scene is reconstructed from the description of witnesses and the indication of the physical evidence. 2. Mental Reconstruction—from the physical reconstruction, some conclusions can be made concerning the consistency of the accounts of various witnesses. No assumption should be made concerning actions which are not supported by evidences. The final theory developed by the investigator should provide a line of investigative action.  CRIMINAL IDENTIFICATION (the process of determining the personality of a person or thing.)  Criminal Identification Comparison - Identification criteria recovered during the investigation are compared with records available in the file, or postmortem finding are compared with ante-mortem records. Photographs Exclusion the processofel imi nati on Characteristics which may easily be changed: 1. Growth of hair, beard or mustache; 2. Clothing – form, texture, or style; 3. Frequent place of visit – favorite areas where a person usually visits such as a coffee shop,beer gardens etc. 4. Grade of profession – a graduate or student nurse may be identified through her cap; amechanic by his tools; a clergy man by his robe etc. 5. Body ornamentations – it includes earrings, necklaces, rings etc.  Characteristics that may not easily change: Gait - A person on account of disease or some inborn traits may show a characteristic manner of walking. Mannerism Stereotype movementorhabi tpecul iarto an i ndi vidual. Characteristics that may not easily change: a. Paretic Gait Gaitin whi ch the stepsare short,the feetare dragged and the l egsare held more orl esswi del y apart. b. Spastic Gait A gai tin whi ch the l egsare hel d togetherand move in a stiffmannerand the toesare c. Festinating Gait dragged. d.Frog Gait Invol untarymovementi n shortaccel erati ng steps. A hoppi ng gai tresul ti ng from i nfanti le paral ysi s. Characteristics that may not easily change: a. Ataxic Gait Exaggerated alteration of lateral trunk movement similar to the movement of the duck. b. Cerebellar Gait A gaiti n which the footisrai sed hi gh,thrown c. Cow’s Gait forward and broughtdown suddenl yin seen i n personssuffering from tabesdorsali s. d.Wadding Gait A swayi ng movementdue to knock-knee. A gaitassociated wi th staggeri ng movementi sseen in person sufferi ng cerebell ardisease  Points of Identification Applicable to both Living and Dead person before Decomposition: 1. Occupational Marks: Painters have stains on the hands and fingernails. Shape of the skull: Engineers and mechanics may have grease on their hands. a.Caucasian – A dress maker develops multiple puncture marks on finger tips. Elongated skull. Baker and miller may have flour dust on their clothing and on their b.Malayan – Round bodies. head. Mason have callosities on the palms of their hands. c.Mongolian – Round Others similar mark relative to individual’s occupation. head. d.Red Indians and Eskimos – Flat head. Feature ofthe face: 1.Race – In the living, race may be presumed in: a.Caucasi an – Promi nentsharp nose Color of the skin: b.Mal ayan – Flatnose wi th round face a. Caucasian – Fair c. Mongolian – Fair c. Mongolian– Almond eyes and prominent b. Malayan – Brown d. Negro – Black cheekbone. d. Negro – Thick lips and prominent eyes.  Points of Identification Applicable to both Living and Dead person before Decomposition: 3. Wearing apparel – Casual and customary wearing apparel mayindicate race as well as religion, nationality, region and custom. 4. Stature – A person ceases to increase I height after the age of 25. There is apparent shrinkage in height after a long standing debilitating disease. The growth of a person rarely exceeds five centimeters after the age of 18. 5. Tattoo Mark – Introduction of coloring pigments in the layers of the skin by multiple puncture. Tattoo mark may be in the form of initials, names, images or views which is helpful in the identification if present in the body of the person.  Points of Identification Applicable to both Living and Dead person before Decomposition: 5. Deformity – Congenital or acquired. Deformity may cause peculiar way of walking, body movement, facial expression, mannerisms, etc. Example: clubfoot, harelip, cleft palate, cystic conditions, bony prominence. 6. Birth Mark – may be a spot naevi, port wine, or a Mongolian blue spot could also be bases of identification but it could be removed. 7. Injury Leaving Permanent Results – These are amputations improper unions or fractured bones. 8. Mole – Ordinarily it is permanent but could also be remove. Points of Identification Applicable to both Living and Dead person before Decomposition: 9. Scar – This the remaining mark after healing of the wound. 10.Tribal Mark – Mark on the skin by tattooing or branding. Tribal mark is placed in the exposed parts of the body and used to identify person or membership of a tribe or social group. 11.Sexual Organ – Male organ may show previous circumcision. In female, the uterus and breasts may show signs of previous pregnancy. 12.Blood Examination – Blood type, disease, parasitic infection or toxic substances present may be utilized to distinguish one person from another.  Light Factors in Identification are: 1. Clearest Moonlight or Starlight: Experiments have shown that best know person cannot be recognized by the clearest moonlight at a distance greater than 16 to 17 yards and by starlight any further than 10 to 13 yards. 2. Broad Daylight: A person can hardly recognized another person at a distance farther than 100 yards if the person has never been seen before, but persons who are almost strangers may be recognized at a distance of 25 yards. 3. Flash of Firearm: Although by experiment, letters of 2 inches high can be read with the aid of the flash of a caliber.22 firearm at a distance of 2 feet. 4. The flash of lightning produces sufficient light for the identification of an individual provided that the person’s eye is focused towards the person he wishes to identify during the flash. 5. In case of artificial light, the identity is relative to the kind and intensity of the light. Experiments may be conducted for every particular artificial light  CRIME SCENE SKETCHING AND MEASUREMENTS IMPORTANCE OF SKETCHES 1. useful in questioning of suspects and witnesses 2. useful in the writing of investigative reports 3. excellent companions to photograph. ***Where photographs provide exact details, sketches offer accurate information about the placement of objects and they show relationship and distances between things. ADMISSIBILITY OF SKETCHES The word sketch means to draw to scale, with important dimensions at the scene being shown to a good degree of accuracy. Legally, for a sketch or diagram to be admissible in court, it must: Be part of some qualified testimony; Relate the observed situation (the person must have seen the area express it (the crime scene) correctly. IMPORTANCE OF SKETCHES Sketches are useful in questioning of suspects and witnesses as well as in the writing of investigative reports Sketches are excellent companions to photograph. Where photographs provide exact details, sketches offer accurate information about the placement of objects and they show relationship and distances between things. Rough Sketch - A type of sketch made by the investigator at the crime scene which is full of important details but without the scale of proportion. Finished Sketch Sketch with a scale of proportion and drawn by a draftsman which can be used for court presentation. Rough and finished sketches if requested by the court shall be presented by the draftsman to clear doubts of the jury  REASONS OF MAKING SKETCH 1. To refresh the memory of the investigators. 2. To express the precise location of objects and their relationship to other objects and its surroundings. 3. To assist the prosecutor and the judge in understanding conditions at the crime scene; 4. To supplement photographs; 5. To assist in questioning of witnesses and suspects.  Types of Sketches a.Sketch of Locality This illustrates the scene of the crime with the nearest physical surroundings, such as the room adjacent or opposite the room of the crime scene, the number of floors of a building or house, the yard and the other natural structures. b.Sketch of Grounds deals with the vicinity of the CS i n rel ation to the envi rons, to i ncl ude nei ghbori ng bui ldi ngs,structures,ormeans ofaccess l eadi ng to the scene. c.Sketch of Details appli ed i n conflagrations (arson),to i ndi cate the ori gin ofthe fi re. d.Cross Projection i ncludesthe posi scene.Itdescri wascommi ti onsand exactl besthe immedi tted and the detai l ocationsofthe physi ate scene onl sofitemsi yl i calevidence in the cri ke the room where the cri n the room. me me describesthe immedi ate scene onl y,specifi callyinside a room as the scene ofthe cri me. The room istreated asthe cardboard box where the si de and the coverare coll apsed to the same pl ane asthe bottom.  PARTS OF SKETCH a. Title the cri me committed orthe i ncidenthappened such as vehicularacci dent,homi ci de case,drowning,rape case and others. b. Body It refers to the sketch proper to include the position of the victim and other items in the crime scene. It includes proper c. Naturemeasurements of case of distances of objects in the crime scene. d. Location of incident the statusofthe case whethercurrentl ycommi tted ordayshave passed afteri tsdi scovery. e. Date/time of incident the pl ace where the i nci denthappened. the exactti me and date ofthe i nci dent.  PARTS OF SKETCH 1. Compass direction (orientation) - A standard arrow to indicate the north direction. To find the north without compass, determine the east where the sun rises. Facing east, your LEFT SIDE is the north direction. 2. Name of victim – the part of the sketch where name of the victim is written 3. Name of suspect – refers to the part of the sketch where the name of the suspect is written. 4. Legend - This is usually placed at the bottom of sketch outside the sketch of the scene. Numbers represent the objects in the crime or letters in order not to unnecessarily crowd the graphic presentation. Their descriptions are found in the legend. 5. Signatory – the part of the sketch where the name of the sketcher and the team leader or the officer in charge are written and signed. 6. Date and time- refers to the exact time the sketch was made.  Elements of a Sketch a. Compass Direction A standard arrow to i di rection.To fi ndicate the north nd the north withoutcompass, determine the eastwhere the sun ri ses. Facing east,yourl eftsi de isthe north b. Title di rection. The porti on ofthe sketch to i denti fythe c. Scale of part iculProportion ar case orcrime bei ng committed. The el ementoffinished sketch.The scale of1:50 meansthatone inch in the sketch measurementis d. Legend 50 i nchesi n the actualscene measurement. This is usually placed at the bottom of sketch outside the sketch of the scene. Numbers represent the objects in the crime or letters in order not to unnecessarily crowd the graphic presentation  Elements of a Sketch 1. Measurements - This is an element of sketch wherein measurements are shown in the sketch to show accurate spaces and distances of relevant objects to their point of reference. 2. Essential Items - All items in the scene must be included. Never decide outright that some items are irrelevant. As you proceed in the investigation, these seemingly irrelevant items will become relevant or material in the investigation. 3. Victim’s Identification - This includes the name of the victim. Other identification data may be included if available such as: birthdate and birthplace. 4. Time and Date - It includes the exact time of the preparation of the sketch but most importantly the time and date of the occurrence of the crime should be recorded. 5. Sketcher’s Name and Signature - This is so important to be included in the sketch to aid the memory of the investigator on case  Type of Measurements Triangulation Method - An object is located by drawing two straight lines from two fixed points creating a triangle; the object is in an angle formed by the line. Rectangular Method - This method uses two walls in a room as fixed points, from which distances are measured at right angle to the object. Baseline/Coordinate - The baseline method also known as coordinate method, uses the principle of measuring an object between two known points. This single reference line is called the baseline. The baseline can be a wall or the known center of the room. The measurement of the evidence is taken in the following manner. A starting point is decided on one of the ends of the baseline. From that point, a measurement is made to the point that is right angle to the evidence. A second measurement is then taken from the object to the baseline. Type of Measurements Polar Coordinate Method - One permanent object is chosen and with the use of a compass, the direction of the object to be measured is determined. Compass Point Method - A protractor is used to measure the angle between two lines. One point along a wall is selected as the origin. An axis line drawn from the origin is the line from which the angle is measured. Grid Method - Starting at a known permanent reference point at the scene, a measurement of predetermined increments is marked off horizontally and vertically. On each horizontal and vertical increment, a line or string is laid so that the scene resembles many small squares. When a piece of evidence is found it is recorded to the nearest increment from the reference point. A measurement from the increment to the evidence is taken horizontally and vertically. CRIME SCENE SEARCH  WHAT IS CRIME SCENE? “Treasure Island”. ***several pieces of evidence are mostly found at the crime scene, which are very relevant for the solution of the crime. Crime scene is the place where essential ingredients of the criminal act took place.  Other terms: Crime Scene Investigation--Methodologies which involve recovery of physical and testimonial evidence for the purpose of identifying the witnesses, and arrest of perpetrator(s) for prosecution. Scene of Crime Operation (SOCO)-A forensic procedure performed by the trained personnel of the PNP Crime Laboratory SOCO Team through scientific methods of investigation for the purpose of preserving the crime scene, gathering information, documentation, collection, and examination of all physical and other forensic evidence First Responder (FR) -are members of the or other law enforcement agencies who are mandated and expected to be the first to respond to calls for assistance in cases of incidents of crime.  Principles: Locard Principle, “Whenever two things touch each other, there is always a transfer of material from one to the other. Any contact between the criminal and the victim or the crime scene will leave trace evidence on both”. Jones Principle, “A number of individual similarities that are each of low evidentiary value, yet which all point to the same conclusion, can be just as important evidence as a fingerprint.”  Crime Scene Locations 1. Indoor crime scenes - affords the crime scene protection from weather. allows to take time and process the scene in a slow, methodical manner without concern for weather influences. 2. Outdoor crime scene - most vulnerable to weather condition 3. Nighttime outdoor crime scene- presents the most problems 4. Crime Scene in Vehicles CRIME SCENE RESPONDERS AND THEIR DUTIES Officer-in-charge/ Team Leader – The one who directs the processing of the crime scene. Assistant Team Leader – The one who implements or executes the order/s coming from his/her superiors. Photographer – Takes photograph of all pieces of evidence that are relevant to the crime committed. Sketcher – Make sketches of the immediate, background and inside the scene of the crime.  CRIME SCENE RESPONDERS AND THEIR DUTIES Master note taker – The one who writes down in short hand all observations at the crime scene such as: weather condition, time of dispatch and time of arrival at the crime scene and other relevant data that should be noted. Evidence Man – The one in charge in the collection, preservation, tagging of the articles of evidence found at the crime scene. Measurer – Makes all relevant measurements of the scene such as: the distance of the body of the victim to the firearm used; in motor vehicle collision, the distances of the two vehicles to the points of references. Basic composition of the Scene of Crime Operation (SOCO) Team Leader Crime Photographer Crime Scene Sketcher Recorder Evidence Collector Evidence Custodian Medico-legal Officer Fingerprint Examiner/Technician  11 Stages of Crime Scene Search 1. Approach the Scene 2. Secure and Protect 3. Initiate a Preliminary Survey 4. Evaluate the Physical Evidence 5. Prepare a Narrative Description 6. Photograph the Scene 7. Prepare a Sketch 8. Conduct a Detailed Search 9. Record and Collect the Physical Evidence 10.Conduct a Final Survey 11.Release Crime Scene DIFFERENT METHODS/TECHNIQUES OF SEARCH 1. Strip or Line Search  Typically used in outdoor scenes  Uses a series of lanes across the crime scene.  Can be used by on