Fundamentals of Criminal Investigation PDF

1 Introduction I AND I THE BASIC HANDBOOK ON CRIMINAL INVESTIGATION AND INTELLIGENCE The title of the book came...

1 Introduction I AND I THE BASIC HANDBOOK ON CRIMINAL INVESTIGATION AND INTELLIGENCE The title of the book came from the concept in the combination of investigation and intelligence in one office. The first I represent the Investigation and the second is for Intelligence I. Unlike in big police units, the military units to which the author was once assigned has no separate units for each distinct work. Instead the two disciplines are consolidated in one office, usually with the same personnel doing the two jobs. Some of the reasons are the lack of enough personnel to handle two separate undertakings and economy in operations. The idea of combining the two subject matters is not new since as mentioned it was already practiced in the military and police the combining of two different fields. Aside from that, some works are inherent to each other like investigation which is part of the work of intelligence. This book was envisioned to supply the students with adequate literature for them to better appreciate the intricate world of investigation and intelligence in one book. This book has lined up the basic concept of investigation and secret law enforcement work that would help them have a competent knowledge and understanding on how this field is performed. Illustration, images and drawing were included in this book to aid better comprehension of the subject.  2 Basic of Criminal Investigation History History of Public Detectives The first police detectives were created in England during 1748 (Henry Fielding's Bow Street Runners) and in France (Eugene Vidocq's police de surete) during 1817. Scotland Yard (London Metropolitan Police Force) didn't have a detective branch until 1842. Americans obtained their first federal investigators (revenue agents) in 1789, and first municipal detectives in 1846 (under Francis Tukey in Boston) and 1880 (under Thomas Byrnes in New York City). Early American detectives were recruited from civilian life, but soon became selected from the uniformed police force. Criminalistics and forensic science came into its own around 1910, and was adopted by law enforcement in 1932 (under August Vollmer & J. Edgar Hoover). College education preference for detectives began in 1950, but by 1975, a RAND Report showed less than half of all detectives were college educated, much less productive. Today, 10-15% of a typical police department consists of detectives, with specialization occurring in large departments, and 80% of them working on teams with non-detective personnel. Definition of Investigation It is a planned or organized determination of facts about a specific event, occurrence or a condition for a specific purpose. It is the process of determining the circumstances and the essential elements of an unusual event that has caused harm, loss or damage to person or properties. In simple terms – it is finding the truth. (Supan, 2012) Some Field of Application Criminal Investigation Security Investigation Arson Investigation Post Blast Investigation Narcotics Investigation Traffic Accident Investigation Administrative Investigation Crime – In as much as the definition of crime is concerned, many field of study like law, sociology and psychology have their respective emphasis on what crime is. Crime may be defined as: An act or omission in violation of a criminal law in its legal point of view.  3 An anti-social act; an act that is injurious, detrimental or harmful to the norms of society; they are the unacceptable acts in its social definition. Psychologically, crime is an act, which is considered undesirable due to behavioral maladjustment of the offender; acts that are caused by maladaptive or abnormal behaviors. It is also a generic name that refers to offense, felony and delinquency or misdemeanor. Criminal Investigation – is an art which deals with the identity and location of the offender and provides evidence of guilt through criminal proceedings. Also known as CI. 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. Criminal Investigator – a person who is in charged with the duty of carrying on the objectives of criminal investigator. (Fermil, 2016) 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 of Investigation 5W’s and 1H). Qualities of a good investigator Perseverance Intelligence Honest Understanding of the people and environment Keen power of observation 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  4 HOW it was committed? Manner, method or modus operandi The criminal investigator seeks to ascertain the methods, motives, and identities of criminals and the identity of victims and may also search for and interrogate witnesses. In Investigating crime, efforts are directed in the following: Recording the facts of the case Identification of the perpetrators and his apprehension Collection and preservation of sufficient evidence for conviction. Start of Investigation. Investigation usually starts in the Crime Scene. First, the investigator are usually called to the scene of the crime by the victims or witness to make the incident report. Second, in almost all cases the vast majority of evidence will be found at the scene of the incident. Other means to start investigation is with the victim and the perpetrator. Evidences can be taken from these three subjects. According to the “Theory of Transfer” or Theory of Exchange –when contact occurs between two objects there is an exchange of material between the objects. General Investigative Procedures (PNP Criminal Investigation Manual, 2011) Purpose This investigative procedure is designed to adapt to the current trends in modern investigation, in line with the PNP Integrated Transformation Program which seeks to improve and integrate the different manuals used by the PNP to serve as guide in all aspects of police investigation. It also aims to come up with a definite investigative procedure on specific cases from the time the incident happened, until the case is filed, which will be adopted by the PNP investigators in pursuing their mandated tasks. Procedures Upon receipt of call/walk-in complainants Duty Desk Officer shall: a. Record the time it was reported; b. Get the identity of the caller/complainant; c. Get the place of the incident; d. Get the nature of the incident; e. Get the number of victim/s;  5 f. Record a brief synopsis of the incident; g. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as first responder equipped with “police line” to secure the place of incident, a camera; and h. Inform the duty investigator (preferably one team of investigators). At the crime scene The First Responder shall perform his/her duty as stated in Protocol 4. In addition, check the condition of the victim while the other members of the first responders shall simultaneously secure the area by putting a police line or any material (like rope, straw and etc). a. If the victim is in serious condition the following step may be done: 1. Bring the victim immediately to the nearest hospital using emergency services; 2. Photograph and make a sketch of the victim (if the victim is dead); 3. Get the dying declaration; if necessary (ask 3 questions) a) Ano ang pangalan at address mo? b) Kilala mo ba ang gumawa nito sa iyo? c) Sa pakiramdam mo ba ay ikamamatay mo ang tinamo mong sugat? However, if there is still a chance to ask more questions, then follow-up should be done. The statement, once reduced into writing, shall be duly signed by or with thumb mark of the victim. b. If not in serious condition, then proceed with the methods enumerated hereunder: 1. Bring the victim immediately to the nearest hospital using emergency services; 2. Get the identity and other data of the victim; 3. Get initial interview from the victim Note: The other member/s of the first responders shall remain at the crime scene to secure the premises. c. If the suspect is arrested at the scene 1. Get the names of the persons who turned-over or arrested the suspect. 2. Isolate the arrested suspect/s and separate them from any probable witness of the incident. 3. Record what time the suspect was arrested. 4. Wait for the investigator to interview the suspect. 5. If the suspect volunteers any statement, take note of the time, location and circumstances of the statements.  6 d. If the victim is dead, Make sure that all sign of death is present before proceeding with the investigation of the case. Secure the crime scene and ask for assistance if necessary. e. Searching for evidence Each crime is different, according to the physical nature of the scene and the crime or offense involved. Consequently, the scene is processed in accordance with the prevailing physical characteristics of the scene and with the need to develop essential evidentiary facts peculiar to the offense. A general survey of the scene is always made, however, to note the locations of obvious traces of action, the probable entry and exit points used by the offender(s) and the size and shape of the area involved. In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated (In the interest of uniformity, it is recommended that the clockwise movement be used.) The investigator examines each item encountered on the floor, walls, and ceiling to locate anything that may be of evidentiary value. You should give particular attention to fragile evidence that may be destroyed or contaminated if it is not collected when discovered. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise. Ensure that the item or area where latent fingerprints may be present is closely examined and that action is taken to develop the prints. Carefully protect any impression of evidentiary value in surfaces conducive to making casts or molds. If possible, photograph the impression and make a cast or mold. Note stains, spots and pools of liquid within the scene and treat them as evidence. Protocols in Investigation A protocol is a system of rules that explain the correct conduct and procedures to be followed in formal situations. In short, protocol in investigation is the correct etiquette in conducting a criminal investigation. There are14 set of rules as set by the PNP in processing an crime probe. They are enumerated below: Protocol 1: Jurisdictional Investigation by the Territorial Unit Concerned  7 The Police Station, which has territorial jurisdiction of the area where the crime incident was committed, shall immediately undertake the necessary investigation and processing of the crime scene, unless otherwise directed by higher authorities for a certain case to be investigated by other units/agency. Protocol 2: Official Police Blotter A Police Blotter is an 18” x 12” logbook with hard-bound cover that contains the daily register of all crime incident reports, official summary of arrests, and other significant events reported in a police station. As a general rule, all crime incidents must be recorded in the official police blotter. A separate Police Blotter, however, shall be maintained for offenses requiring confidentiality like violence against women and children and those cases involving a child in conflict with the law to protect their privacy pursuant to R.A. 9262 (Anti-Violence Against Women and Children Act of 2004) and R.A. 9344 (Juvenile Justice and Welfare Act of 2006). The duty police officer shall record the nature of the incident in the police blotter containing the five “W”s (who, what, where, when and why) and one “H” (how) of the information and inform his superior officer or the duty officer regarding the occurrence of such incident. In answering the above 5 Ws and 1 H and the Case Disposition, all such material details about the incident, including the nature of the action or offense. The Date, Time, and Place of Occurrence; the names of the suspect/s, the victim/s, the witness/es, if any; facts of the case; significant circumstances that aggravate or mitigate the event or the crime should be entered along with the identity of the officer to whom the case is assigned (Officer-on-case); and, the status of the case. Protocol 3: Investigation Team: Organization and Equipment All investigators in any police unit must be a graduate of prescribed investigation course with a rank of at least PO2 (pre-requisite to assignment). Composition: 1. Team Leader; 2. Investigator/recorder; 3. Photographer; 4. Evidence custodian; and 5. Composite Illustrator/Artist Equipment of the investigator: 1. Police line; 2. Video camera; 3. Voice recorder;  8 4. Camera; 5. Measuring device; 6. Gloves; 7. Flashlight; 8. Fingerprint kit; 9. Evidence bag; 10. Evidence tag; 11. Evidence bottles/vials; and 12. Investigator’s tickler (contains the following): a) Investigator’s checklist b) Anatomical diagram form c) Evidence checklist d) Turn-over receipt Protocol 4: Duties of the First Responder Proceed to the crime scene to validate the information received. Record the exact time of arrival and all pertinent data regarding the incident in his issued pocket notebook and notify the TOC. Cordon off the area and secure the crime scene with a police line or whatever available material like ropes, straws or human as barricade to preserve its integrity. Check whether the situation still poses imminent danger and call for back up if necessary. Identify possible witnesses and conduct preliminary interview and ensure their availability for the incoming investigator-on-case; Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing, make appropriate notification for dragnet operations; Prepare to take the “Dying Declaration” of severely injured persons with the following requisites: 1. That death is imminent and the declarant is conscious of that fact; 2. That the declaration refers to the cause and surrounding circumstances of such death; 3. That the declaration relates to facts which the victim is competent to testify to; and 4. That the declaration is offered in a case wherein the declarant’s death is the subject of the inquiry. (Section 37, Rule 130 of the Rules of Court). Evacuate the wounded to the nearest hospital using emergency services; Account for the killed, wounded and arrested persons for proper disposition; Conduct  9 initial investigation; and brief the investigator-on-case upon arrival and turn over the crime scene. Protocol 5: Duties and responsibilities of the Investigating Team a. Take full control of the crime scene to include the conduct of crime scene search; a. taking of photographs; b. making sketches; c. lifting of fingerprints; d. markings of physical evidence; e. (Chain of custody) the transmittal of evidence to crime laboratory; f. interview of witnesses; g. gathering and evaluation of evidence; h. follow-up of the case and the documentation and filing of appropriate charges in court. b. Establish a command post in the immediate vicinity of the crime scene; c. Designate a holding area in the immediate vicinity of the crime scene (for the media, VIP‟s and other personalities present); d. Conduct case conference with the first responder, SOCO, other law enforcers and rescue personnel; e. Note any secondary crime scene (if situation requires); and f. Release the crime scene after investigation. Protocol 6: Investigation of Suspects a. Procedures when arrest is made 1. Secure the person arrested (handcuff at the back); 2. Inform the arrested person on the cause of his arrest and his rights as provided for in the Constitution; 3. Conduct thorough search for weapons and other illegal materials against the suspect/s; 4. Use reasonable force in making arrest; 5. Confiscated evidence shall be properly documented and marked; 6. Bring the arrested person to the Police Station for investigation.  10 b. Booking procedures of the Arrested Person/Suspect 1. The arrested suspect shall be fingerprinted, photographed and subjected to medical examination to include liquor and drug tests. 2. Conduct record check. Protocol 7: Taking of Sworn Statements of Suspects The execution of a suspect’s “WAIVER” as stipulated in Art 125 of the RPC shall always be done in the presence of his chosen counsel or any independent counsel. Protocol 8: Taking of Sworn Statement/s of the Witnesses a. Sworn Statement or Affidavit of complainant/s and witness/es must be taken immediately by the investigator-on-case. b. Affidavit of Arrest of arresting officers must be taken immediately not later than 24 hours. c. In Inquest cases, the investigator-on-case and the arresting officer/s shall observe Art. 125 of the RPC. This part is further shown in the succeeding part Protocol 9: Preparation of Reports and Filing of Charges The Investigator-On-Case shall submit the following: a. Spot Report within 24 hrs to HHQ; b. Progress Report; c. After Operation Report; d. Final Report after the case is filed before the prosecutor’s office/court; and e. Accomplishment Report. Protocol 10: Procedure in the Release of Crime Scene a. Ensure that appropriate inventory has been made; b. Release is accomplished only after completion of the final survey and proper documentation of evidence, witness/es, victim/s and suspect/s; and c. If the crime scene is within a private property, the same must be released to the lawful owner witnessed by any barangay official. In case of government facility, it should be released to the administrator. Protocol 11: Follow-up of Case  11 The investigator shall conduct police operation to identify and apprehend suspect/s based on the results of the initial investigation conducted. Protocol 12: Preparation of Case Investigation Plan (CIPLAN) The conduct of police operation involving sensational cases, high profile and heinous crimes must be covered by Case Investigation Plan. Protocol 13: Attendance to Court Duties The investigator-on-case and arresting officers shall endeavor to ensure their attendance during court hearings while COPs/Heads of Units shall supervise and ensure the attendance of witness/es. Protocol 14: Uniform of the Investigator Prescribed uniform should be worn by investigators when conducting investigation so as to identify them as PNP personnel. Tools of an Investigation (Three I’s of Investigation) a. Information It is the knowledge/data which an investigator acquired from records and persons. Regular source is acquired from open sources, records, files, Cultivated source are information furnished by informants/informers, Grapevine source are information given by the underworld characters such as prisoners or criminals. Information taken from informants and informer is discussed further in the succeeding chapters of this book. Information gathered by an investigator from other persons including the victim himself and from: 1. Public records; 2. Private records; and 3. Modus Operandi file 4. Surveillance/undercover work b. Interview Skillful questioning of a person believed to possess knowledge that is in official interest to the investigator usually witnesses/victims. Included in this process is interrogation of suspects.  12 It may also be defined as 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. 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. What are the purposes of Interrogation? a. To obtain confession to the crime b. To induce the suspect to make admission c. To learn the facts of the crime d. To learn the identity of the accomplice e. To develop information which will lead to the recovery of the fruits of the crime f. To discover the details of other crimes participated by the suspect 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. RA 7438 – RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION Violations under RA 7438: a. Any arresting public officer or employee or any investigating officer, who fails to inform any person arrested, detained or under custodial investigation of his rights to remain and to have competent and independent counsel preferably of his own choice; and b. Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister or by his counsel, from visiting and conferring privately chosen by him or by any member of his immediate family with him, or from examining and treating him or from ministering to his spiritual needs. 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. Miranda Warning: You are arrested for the crime of _________ You have the right to remain silent.  13 Any statement you make may be used against you in a court of law in the Philippines. You have the right to have a competent and independent counsel preferably of you own choice. If you cannot afford the services of a counsel, the government will provide you one. Do you understand these rights? (States the Miranda Warning) You have the right to demand physical examination by an independent and competent doctor of your choice. If you cannot afford the services of a doctor, the state shall provide one for you (states the Anti-Torture Warning) Relevant matters pertaining to interview and interrogation is elaborated in the proceeding chapter to better elucidate the topic. As well as the format in preparing Sworn Statements. c. 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. In short, scientific examination of real evidence and application of instrument in solving crime. Again, this topic is completely explained in the following chapters. Phase of Investigations In conducting a criminal investigation, a stage is observe and traditionally it follows three steps as stated herein. Phases/Stages of Criminal Investigation The main objective of a police investigator is to gather all facts pertaining to the: 1. Identification of criminals 2. Tracing and locating the criminal 3. Gathering of evidence to prove the guilt of the criminal Phase 1 - Identification of Criminals The 1st phase in CI is to know the identity of the suspect or criminal offender so they can be held to answer for the law violated. Several methods are enumerated herewith on the proper ways of identifying our criminal or criminals. Methods of Identifying Criminals a. By confession or admission of the criminal himself  14 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) Discussed on the next paragraphs are the details on the methods of criminal identification. a. Confession or Admission of the Criminal CONFESSION– is the direct acknowledgement of guilt arising from the commission of a crime. Types of Confession Extra-Judicial Confession – those made by the suspect during custodial investigation. 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 b. Identification of Suspect by Eyewitness Identification of the suspect by a witness could be another way knowing the offender. Several methods are lined below in order that a suspect is fully identify. Kinds of Criminals identified by witnesses a. Known criminals b. Unknown criminals  15 Methods of Identification by witness a. Verbal description b. Photographic files (Rogues Gallery) c. General Photograph d. Artist sketch (Composite Criminal Illustration) The value of identification by eyewitness depends on: a. The ability to observe and remember distinct appearance of suspect; b. Prevailing condition of visibility; c. The lapse of time. Procedures of identification by eyewitness a. Physical line-up – is a means of selecting a suspect from a group of innocent persons usually composed of seven to ten persons. The purpose of line-up is to eliminate the power of suggestion. b. Physical show-up – only one person is shown to the witness usually at the scene of the crime and made immediately after the arrest of the suspect. c. Identification by Circumstantial Evidence Facts or circumstances from which, either alone or in connection with other facts, the identity of the person can be inferred. The gathered evidences are also included in the methods of identifying criminal may it be a single or multiple pieces of evidence is of great importance in an investigation. 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. d. Physical Evidence to Identify Criminals d. Identification by associative evidence  16 The direct evidence that could link the crime to the criminal offender are among the most important information that can convict criminal or incinerate a person. However, not all is available so other means to link the suspect to the crime. Here are the following evidences: 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. e. Modus Operandi (MO) Time and again has proved that MO has helped solved the commission of the crime. A novice investigator should not overlook this method. Usually, a criminal repeat the process or procedure in a committing a crime, especially if it is always successful in this method. So as he progress in his nefarious activities, he create a signature move in his criminal activities. MO 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. After identifying criminal in an offense, the next step in the criminal investigation is to look for the offender. He or she might have fled the scene, the neighborhood and even the country. This a daunting task against the investigator to locate the whereabouts of the criminal perpetrator. Phase 2 – Locate/Tracing and apprehend suspect/s In locating a suspect, there are several step, one is getting the information from informant and the other from police operations. INFORMANT – is a person who gives information to the police relevant to a criminal case about the activities of criminals or syndicates. Further topics in informants is discussed in the succeeding chapter. If no information is available regarding the suspect. The another way of getting to locate the suspect is by police operation like surveillance and undercover. Surveillance will be discussed in detail in the succeeding chapter as well as the undercover.  17 SURVEILLANCE – is the secret observation of persons, places, and vehicles for the purpose of obtaining information concerning the identities or activities of the subject. a. Surveillance of Place (fixed/ stake-out) b. Shadowing c. Roping SURVEILLANT – is the person who maintains the surveillance or performs the observation. SUBJECT – the person or place being watched or surveyed. UNDERCOVER INVESTIGATION – is a form of investigation in which the investigator assumes a different and unofficial identity in order to obtain information. It is another method of looking for the culprit. After the suspect is put behind bars, the next step is gathering of evidences to prove his/her guilt. Phase 3 - Gather and provide evidence to establish the guilt of the accused. In proving the guilt of the accused in court, the fact of the existence of the crime must be established; the accused must be identified and associated with the crime scene; competent and credible witnesses must be available; and the physical evidence must be appropriately identified. The investigator must know by heart the elements of a specific crime. STANDARD METHODS OF RECORDING INVESTIGATIVE DATA a. Photographs; b. Sketching crime scenes; c. Written notes (what you have seen or observed); d. Developing and lifting fingerprints found at the crime scene; e. Gathering physical evidence; f. Plaster cast; g. Tape recording of sounds; h. Video tape recording of objects; and i. Written statements of subject(s) and witnesses. How to prove a crime has been committed The Investigator must procure testimony and physical evidence that will be admissible in court proceedings. Meaning of Testimony and Physical Evidences  18 Testimonial evidence consists of statement made by an individual claiming that a certain things is true or false. Physical Evidence – are inanimate objects which can be seen, touched felt and examined. The difference of the two evidences Physical evidence carries the greatest weight in court. Because it is examined in laboratories by technicians with extensive training in their various fields of specialization. Unlike, Testimonial Evidence – individuals may not tell the truth or they may perceived what they hear and see inaccurately. Opinions of expert witnesses does not completely concluded the truth. Crime Scene Investigation It is the conduct of processes, more particularly, the recognition, handling, preservation and documentation of physical evidence to include the identification and interview of witnesses and the arrest of suspect/s at the crime scene. Constitution of a Crime Scene A. The crime scene can be understood to include all areas in which the criminal, any possible victim, and any eyewitness move during the time the crime was committed. B. The boundaries must be established so that the entire crime scene can be effectively preserved. C. In some crimes, however, the crime scene may actually comprise several different sites. Primary or secondary crime scene as the case may be. Primary Crime Scene – it is the location of original or first criminal act. Secondary Crime Scene – location of subsequent criminal act. Crime Scene Processing 1. Processing and Securing a Crime Scene – Processing a crime scene includes the application of diligent and careful methods by an investigator/policemen to recognize, identify, preserve and collect fact and items of evidentiary value that may assist in reconstructing that which actually occurred. The crime scene is the area surrounding the place where the crime occurred. The processing of the area at the scene includes all direct traces of the crime. And this is determined by the type of crime committed and the place where the act occurred.  19 2. Protecting the Crime Scene and the Evidence – Successful crimes scene processing depends upon the policeman’s or investigator’s skill in recognizing and collecting facts and items of value as evidence, and upon his ability to protect, preserve, and later, to present these in a logical manner. This requires making careful and detailed notes and sketches; written statements and transcribing verbal statements of witnesses, suspects and marking and preservation of collected physical objects of evidentiary nature. 3. Laboratory examination of objects and substances located usually at the crime scene. Objects and substances needing examination in some cases are carried, intentionally or unintentionally, by suspects from the crime scene. Procedure at the Crime Scene I. Steps to be followed upon arrival at any Crime Scene a) Record the date, Arrival time, Weather condition b) If an injured person is on the scene, arrange for medical attention, identification and removal. The scene should be disturbed only to the extent necessary to have medical aid rendered to the injured or to have a doctor examine a deceased victim. Each alteration should be accurately recorded. c) If the offender is at the scene, apprehend him, d) If the scene is not fully protected, ensure its protection by using other policemen or other responsible persons to keep witnesses, suspects, and victim(s) who are present from disturbing the scene. It may be necessary to re-route traffic to prohibit employees from entering their place of employment, or to take other action to prevent any disturbance of the scene until a complete examination is made. The body of a deceased victim (if there is any) should not covered until thoroughly processed for evidence. Early action is taken to protect items of possible evidentiary value that may be destroyed by rain, fire or other causes before collection can be erected. For example, a raincoat or piece of canvass may be used to cover compression on the ground that are exposed to rain. Items that will melt should be shielded from the sun or other heat sources. Objects such as food and blood should be covered to protect them from contamination. e) Determine and record the names of those person at the scene who may witnesses and separate them. These persons should be removed from the immediate area of the scene as soon as practicable.  20 f) Conduct preliminary questioning of witnesses, suspects and victim(s) to determine in general the extent of the incident or crime. g) Note the names of all persons officially present. Those present within the immediate area of the scene should be only the minimum number needed to assist the investigator. It may be necessary to request other policemen or officials present to refrain from examining or disturbing objects or aspects of the scene. II. Recording The investigator begins the process of recording pertinent facts and details of the investigation the moment he arrives at the crime scene. (Of course, he records the time when he was initially notified prior to his arrival). He writes down the identification of persons involved and what he initially sees. He also draws a basic sketch of the crime scene and takes the initials photographs (if a photographer is available). This is to ensure that an image of the crime scene is recorded before any occurrence that disturbs the scene. As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been processed through notes, sketches and photographs, with proper measurements (The golden rule in investigation). III. Searching for Evidence. a) Each crime scene is different, according to the physical nature of the scene and the crime or offense involved. Consequently, the scene is processed in accordance with the prevailing physical characteristics of the scene and with the need to develop essential evidentiary facts peculiar to the offense. A general survey of the scene is always made, however, to note the location of obvious traces of action, the probable entry and exit points used by the offender(s) and the size and shape of the area involved. b) In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated. (in the interest of uniformity, it is recommended that the clockwise movement be used.) The investigator examines each items encountered on the floor, walls and ceiling to locate anything that may be of evidentiary value.  21 Elevation Zone Search: This type of search is used with indoor crime scene where evidence may be on the walls or in the ceiling (example: bullet holes, blood splatters etc.) It is practically suggested to conduct floor search first before conducting the elevation zone search to prevent contamination of the crime scene. Only one elevation zone should be checked at a time. You should: 1) Give particular attention to fragile evidence that may be destroyed or contaminated if it is not collected when discovered. 2) If any doubt exists as to the value of an item, treat it as evidence until proven otherwise. 3) Ensure that the item or area where latent fingerprints may be present is closely examined and that action is taken to develop the prints. 4) Carefully protect any impression of evidentiary value in surface conducive to making casts or molds. If possible, photographs the impression and made a cast or mold. 5) Note stains, spots and pools of liquid within the scene and treat them as evidence. 6) Note any peculiar odor emitting from the scene. 7) Treat as evidence all other items, such as hairs, fibers, and earth particles, foreign to the area in which they are found –for example, matter found under the victim’s fingernails. 8) Proceed systematically and uninterruptedly to the conclusion of the processing of the scene. The search for evidence is initially completed when, after a thorough examination of the scene, the rough sketch, necessary photograph and investigative notes have been completed and the investigator  22 has returned to the point from which the search began. Further search may be necessary after the evidence and the statements obtained have been evaluated. c. In large outdoors areas, it is advisable to divide the area into strips about four (4) feet wide. The policeman may first search the strip on his left as he faces the scene and then adjoining strips. d. It may be advisable to make a search beyond the area considered to be the immediate scene of the incident or crime. For example, evidence may indicate that a weapon or tool used in the crime was discarded or hidden by the offender somewhere within a square-mile area near the scene. e. After completing the search of the scene, the investigator examines the object or person actually attacked by the offender, For example, a ripped safe, a desk drawer that has been pried open or a room from which items have been stolen, would be processed after the remainder of the scene has been examined for traces of the offender. In a homicide case, the position of the victim should be outlined with a chalk or any other suitable material before the body is removed from the scene. If the victim has been pronounced dead by a doctor or is obviously dead. It is usually advisable to examine the body, the clothing and the area under the body after the remainder of the scene has been searched. This is to enable the policeman/investigator to evaluate all objects of special interest in the light of all other evidence found at the scene. Crime Scene Search Methods of Crime Scene Search /Bomb Search 1) Strip Search Method  23 and tagged and the search proceeds In this method, the area is at a given signal. At the end of the blocked out in the form of a rectangle. rectangle, the searchers turn and The three (3) searches A, B, and C, proceed along new lands as shown in proceed slowly at the same pace the above illustration. along paths 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. A photographer is called, if necessary, the evidence is collected 2) Double Strip Search method The double strip or grid method of search is a modification of the Strip Search Method. Hence, the rectangle is traversed first parallel to the base then parallel to a side. 3) Spiral Search Method In this method, the three searches follow each other along the path of a spiral, beginning on the outside and spiraling in toward the center. 4) Zone Search Method In this method, one searcher is assigned to each subdivision of a quadrant, then each quadrant is cut into another set of quadrants. 5) Wheel Search Method In this method of search, the area should be repeated several times is considered to be approximately depending on the size of the circle circular. The searches gather at the and the number of searches. One center and proceed outward along shortcoming of this method is the radii or spokes. The procedure great increase in the area to be  24 observed as the searcher departs from the center. Processing of Crime Scene Collecting Evidence This is accomplished after the search is completed, the rough sketch finished and photographs taken. Fragile evidence should be collected as they are found. All firearms (FAs) found to have tampered serial numbers (SNs) shall be automatically subjected to macro etching at the Philippine National Police Crime Laboratory (PNP- CL). A corresponding request to the Firearms and Explosive Office (FEO) must be made for verification purposes. Markings of Evidence Any physical evidence obtained must be marked or tagged before its submission to the evidence custodian. These are information to ensure that the items can be identified by the collector at any time in the future. This precaution will help immeasurably to establish the credibility of the collector‟s report or testimony and will effectively avoid any suggestions that the item has been misidentified. Markings on the specimen must at least contain the following: 1. Exhibit Case Number 2. Initials and or signature of the collecting officer. 3. Time and date of collection. NOTE: It is also important to note the place or location where the evidence was collected. Removal of Evidence a) The investigator places his initials, the date and time of discovery on each item of evidence for proper identification. b) Items that could not be marked should be placed in a suitable container and sealed. Transmittal of Evidence to Crime Laboratory Proper handling of physical evidence is necessary to obtain the maximum possible information upon which scientific examination shall be based, and to prevent exclusion as evidence in court. Specimens which truly represent the material found at the scene, unaltered, unspoiled or otherwise unchanged in handling will provide more and better information upon examination. Legal requirements make it necessary to  25 account for all physical pieces of evidence from the time it is collected until it is presented in court. With these in mind, the following principles should be observed in handling all types of evidence: 1. The evidence should reach the laboratory in same condition as when it was found, as much as possible. 2. The quantity of specimen should be adequate. Even with the best equipment available, good results cannot be obtained from insufficient specimens. 3. Submit a known or standard specimen for comparison purposes. 4. Keep each specimen separate from others so there will be no intermingling or mixing of known and unknown material. Wrap and seal in individual packages when necessary. 5. Mark or label each of evidence for positive identification as the evidence taken from a particular location in connection with the crime under investigation. 6. The chain of custody of evidence must be maintained. Account for evidence from the time it is collected until it is produced in court. Any break in this chain of custody may make the material inadmissible as evidence in court. Tagging of evidence. Any physical evidence obtained must be tagged before its submission to the evidence custodian. Evaluation of Evidence. Each item of evidence must be evaluated in relation to all the evidence, individually and collectively. If necessary, these pieces of evidence must be subjected to crime laboratory examination. Example: firearms for ballistic examination, hair strands etc. Preservation of Evidence It is the investigator’s responsibility to ensure that every precaution is exercised to preserve physical evidence in the state in which it was recovered/obtained until it is released to the evidence custodian. Releasing Evidence Evidence in the investigator’s possession is released only to the evidence custodian or another person designated by the investigator’s supervisor. Releasing the Scene.  26 The scene is not released until all processing has been completed. The release should be effected at the earliest practicable time, particularly when an activity has been closed or its operations curtailed. In releasing of Crime Scene ensure that appropriate inventory has been provided. a. Release the scene with the notion that there is only one chance to perform job correctly and completely. b. Release is accomplished only after completion of the final survey and proper documentation. Sketching the Crime Scenes Sketches are used along with the reports and photographs to document the scene. A crime scene sketch is simply a drawing that accurately shows the appearance of a crime scene. The sketch is simply drawn to show items, the position and relationship of items. It does not have to be an architectural drawing made to a scale, however it must include exact measurements where needed. The advantage of a sketch is that it can cover a large area and be drawn to scale. Make a diagram of the immediate area of scene and orient diagram with sketch. Main Type of Crime Scene Sketch 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.  27 Final/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. Pointers to consider: a. To establish admissibility, the investigator must have had personal observation of the data in question. In other words, the sketch must be sponsored or verified. b. Reminder: sketches are not a substitute for notes or photos; they are but a supplement to them. c. Write down all measurements and present the exact measurement & info about the placement of objects. d. Fill in all the details on your rough sketch at the scene. (Final sketch may be prepared at the office) e. Keep the rough sketch even when you have completed the final sketch. f. Indicate the North direction with an arrow. g. Draw the final sketch to scale. h. Indicate the place in the sketch as well as the person who draw it. Use the Key capital letter of the alphabet for listing down more or less normal parts or accessories of the place, and numbers for items of evidence. Indicate the position, location and relationship of objects; i. Critical measurement, such as skid marks, should be checked by two (2) investigators. j. Measurements should be in harmony; or in centimeters, inches, yards, meters in one sketch. Use the commonly known type of measurement either English or Metric System. k. Use standard symbols in the sketch or universally recommended symbols. l. Show which way doors swing  28 m. Show with arrow the direction of stairways. n. Recheck the sketch for clarity, accuracy, scale, title, key o. Use a point of reference. p. Set forth major items of evidence on sketch. q. Designate and label areas to be searched and advise team leader and all other search members of nomenclature for designated areas. r. Obtain appropriate assistance for taking measurements and double check measurements. s. Ensure necessary administrative information, such as scale disclaimer (not drawn to scale), is recorded on sketch. t. Must indicate the tag or evidence designated number on the sketch. u. Must contains the legend and title block with following information; case number, crime committed, time and date it was prepared, location of the crime scene, rank and name of investigator, name of victim, rank, name and signature of sketcher, name and signature of witnesses. Types of Crime Scene Sketch 1) Location or Neighborhood sketch 2) Floor plan or “birds-eye view” 3) Elevation drawing; and 4) Exploded View; 1. Location or Neighborhood sketch It a sketch of locality that gives the picture of the scene, the crime and its environs, including neighboring buildings, roads, etc. It is used to document important items within a large scene involving a large tract of land and/or many buildings. The sketch can show the location of evidence and its relationship to the overall scene, the relationship of each building to one another, the location of major vegetation, fences street signs, path of egress used by the suspects, the location of witnesses in relation to the scene. Its up to the discretion of investigator what should be included or excluded in the sketch.  29 2. Floor plan or bird’s eye view sketch It is the simplest and most common one used in diagramming crime scenes. It may be used in nearly all crime scene situations where the items of interest are located in one plane. It is also the easiest for lay people such jury members/judges to comprehend. 3. Elevation drawing The elevation sketch depicts a side, front, or rear of the exterior of a structure or one of the interior walls in a room used when the vertical, rather than horizontal plane is of interest. Thus, if bloodstains were present on a wall of the house, the elevation drawing of the wall would be used to depict this scene.  30 ELEVATION SKETCH (South Side Wall) 4. Exploded View or Cross Projection Sketch It is the sketch that uses the combination of the floor plan and the four elevation views (the walls) of a room. The walls and ceiling are drawn as if they are folded out with the ceiling placed on one of the walls. The purpose of this type of sketch is to show points of interest on the walls, ceiling and floor. Methods or systems of locating points (objects) on sketch. Type of Measurements Triangulation Method Measurement made from each of two fixed objects to the point you want to plot or locate so as to form an imaginary triangle. Sketch will show as many imaginary  31 triangles as there are objects plotted. Ideal in outdoor crime scene where no walls that can be uses as reference point. Coordinate/ Angular method This method uses two walls in a room as fixed points, from which distances are measured at right angles. The baseline could be a wall, or drawn as a mathematical center of a room. 5 ft 4 ft Base line method A straight line is established from one fixed point to another fixed point. Using one end of the line as a starting point, an object can be located by measuring along either side of the baseline at a right angle to the object.  32 4’9” 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.  33 SOCO Assistance In cases where the crime scene needs special processing due to its significance or because of its sensational nature, the Scene of the Crime Operation (SOCO), PNP specialists of the Crime Laboratory shall be requested. A sample of letter request for SOCO is shown below: Republic of the Philippines Department of the Interior and Local Government NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE ______(Unit)_______ MEMORANDUM FOR : Director, PNP Crime Laboratory FROM : SUBJECT : Request for SOCO DATE : 1. Request for the presence of SOCO Team to process the crime scene located at _______________________. a) NATURE OF CASE : b) VICTIM :  34 c) SUSPECT : d) T D P O : 2. Further request that this Office be furnished a copy of examination result for our reference. 3. For consideration. ___________________________ (CHIEF OF OFFICE) If the situation involves a clandestine drug laboratory, biological weapons, radiological or chemical threats, the appropriate agency should be contacted prior to entering the scene. 1. Significant Cases: a) Bombing Incident b) Initiated terrorist activities c) Raids, ambuscade, liquidation d) KFR case e) Armed Robbery of Banks and other f) Financial institution g) Calamity/Disaster h) Massacre i) Heinous crimes (as defined by law) j) Murder, Homicide, Arson, Rape with Homicide Sensational Cases: a) Elected Public Officials (Brgy Captain up to President of the RP) b) Appointed public officials with the rank of commissioner, secretary and undersecretary c) Foreign diplomat d) Any foreigner e) PNP/AFP personnel f) Former high-ranking government officials g) Other prominent figures such as movie stars, sports stars, tri-media practitioners, prominent businessmen, professionals, and prominent leaders of religious organizations. Investigative Tools  35 Tweezers Directional compass glass tubing Crime scene Drawing Template spatula Drawing Compass marking chalk Measuring Tape Crime Scene Marking tools  36 Evidence marking tape Plastic container marking pencil Evidence Tag glass tubing Chain of Custody Report Card Scissors  37 magnifying glass Crime Scene Drafting Kit Crime Scene/Police Line Tape Flashlight Crime Scene Investigation and Evidence Collection In criminal investigation the goal to recognize, document and collect evidence at a crime scene. In forensic science, one principle that is being followed that the perpetrator of a crime will bring something into the crime scene and leave with something from it, and both can be used as forensic evidence. This principle was pioneered by Edmund Locard and now known as Principle of Exchange or Locard Principle. Principle of Exchange Part 1: when a person comes into contact with an object or another person, a cross transfer of physical evidence can occur. Part 2: the intensity, duration and nature of materials in contact determine the extent of transfer. Leading to trace evidence on the individuals and objects and cross exchange bears as a silent witness. This can identify an attacker based on trace evidence underneath victim’s fingernail.  38 Collection of Physical Evidence The competence to recognize and properly collect physical evidence is critical to both solving and prosecuting crimes.  39 The team leader is always informed of significant evidence located. The evidence collectors shall put his initial, location and date of collection on the item and turn it over to the evidence custodian for documentation and safekeeping Physical Evidence – these are the articles and materials which re found in connection with the investigation and aid in establishing the identity of the suspect. Procedures needed for the care of physical evidence are necessary in evidence collection. In order to introduce physical evidence in court, three important factors must be considered: a. The article must be properly identified b. Chain of custody must be proved c. The evidence must be material and relevant Class Evidence: model or make of weapon, type of tools, categories of fiber, etc. Individual evidence: single person, DNA, fingerprint, combination of unique traits Some materials that can be part of trace evidence: Pet hair on clothes or rugs Hair on brush Fingerprints on glass Soil tracked inside on shoes Drop of blood on t shirt A used facial tissue Paint chips Broken glass Fiber from clothing Proper Handling, Collection and Preservation of Evidence Biological Evidence for DNA Analysis DNA examination of recovered pieces of evidence will surely lead to the conviction of the perpetrator of a crime of violence if the following critical points are strictly observed: 1. Documentation of Physical Evidence at the Crime Scene- if the recovered pieces of physical evidence are not properly documented, its origin can be questioned. No physical evidence shall be moved until its original condition and position have been recorded by note, photograph, videotape and sketching. 2. Proper Collection of Evidence for Examination- evidence that could be subjected for DNA analysis is generally limited to substances that are biological nature. It should be remembered that not all biological materials submitted to the DNA Forensic laboratory will provide sufficient DNA for analysis. Likewise, the biological activity of the evidence will be lost if not properly collected.  40 3. Preservation- biological specimens which, are not properly preserved will decomposed and deteriorate. This will seriously affect the outcome of the DNA typing. 4. Marking of Evidence – for purpose of identification. 5. Individual Packaging and Sealing- improper packaging will possibly cause cross contamination. Substitution or switching of evidence is also possible. 6. Proper Chain of Custody- the different persons responsible for the custody of the evidence from the time of collection up to the time the evidence reaches the court on critical in a successful prosecution of a criminal case. The capability of a Forensic DNA laboratory to provide maximum scientific information will highly depend on the condition of the biological evidence submitted for analysis. A. Blood Evidence Liquid Blood Samples 1. Blood extraction from a person should be done by a qualified medical practitioner 2. Five (5) ml of blood should be collected of each of the two (2) vacutainers with EDTA as an anti- coagulant and kept in the refrigerator prior to submission to the DNA laboratory. 3. Blood clot could be transferred with a spatula to a test tube counting saliva or to a cotton cloth and then air- dried or gauze. 4. Liquid blood should be collected with a sterilized syringe or pipette and transferred to a sterile test tube with EDTA as preservative. Liquid Blood Sample could likewise be absorbed by a cotton cloth and thoroughly air- dried. 5. Collected liquid Blood Samples from the Crime Scene must be refrigerated only and submitted to the forensic DNA laboratory as soon as possible. 6. Blood mixed with water could be collected into a plastic container using a syringe and frozen prior to submission to the DNA laboratory. 7. Label the specimen with the case number, time and date of collection, location as well as the initials of the evidence collector. Blood Stains 1. Wet bloodstains on movable objects should first be air- dried before they are sent to the DNA laboratory for analysis. 2. When thoroughly dried, each item should be placed in separate paper bags, properly labeled and sealed.  41 3. Wet blood stains on immovable large object should be rubbed or wipe it with clean cotton cloth or gauze and allowed to air dry before putting it inside a paper bag. 4. Small movable objects with dried blood stains should be separately collected, labeled, packaged and sealed prior to its submission to the DNA laboratory. 5. Dried bloodstains on big movable objects like carpets, upholstery and the like can be collected by cutting a bloodstained portion with a sharp instrument. 6. Each cutting should be labeled accordingly and individually packed and sealed. 7. Collect an unstained portion of the item to serve as control. 8. Dried blood spatters on immovable surface can be lifted from its surface using a fingerprint tape. Each tape should be packaged and labeled properly. 9. Dried bloodstains on large immovable objects should be scrapped off and placed in a clean paper packet. 10. The packet is then placed in a paper envelope, which is sealed and properly labeled prior to the immediate submission to the laboratory. 11. Dried bloodstains are removed from painted surfaces of motor vehicles by scraping them off using a sharp instrument. Collect control samples. B. Semen and Seminal Stains 1. Collect liquid seminal fluid from victims using cotton swabs and refrigerate 2. Liquid semen sample can be collected using a clean disposable syringe or pipette and placed into a sterile test tube. Keep it refrigerated and submit it at once to the laboratory for analysis. 3. It can likewise be absorbed by a clean cotton cloth or gauze and then allowed to air dry. When thoroughly dried, it can already be packaged, sealed and properly labeled. 4. Under wears and other articles with wet seminal stains must be allowed to air dry thoroughly prior to the collection of the item. 5. Dried seminal stains on big movable objects such as carpets, upholstery, and other can be collected by cutting a seminal stained portion with a pair of scissors. 6. Place each cutting in separate paper packets. Seal the container and properly label prior to submission to the DNA laboratory. Collect control samples. DONTs 1. DNA test is very sensitive and vulnerable to contamination by other DNA services. Avoid contamination with other human DNA. 2. Do not handle with bare hands. 3. Avoid long- term storage of tissues 4. No ice is required and dry ice should never be use to cool the tube of blood. 5. Do not mouth pipette any body fluid regardless of the source. 6. Avoid drying of wet stained garments under direct sunlight or exposing it to an electric fan. 7. Do not collect a wet garment or garment with a wet blood stains in a sealed air- tight container.  42 Do not use plastic bag in the collection of blood specimen. Some investigators follow a certain template or methods in crime scene investigation. An acronym of 7 S’s of CSI is labeled by modern investigators. These are the following: 1. Securing the Scene 2. Separating the Witnesses 3. Scanning the Scene 4. Seeing the Scene 5. Sketching the Scene 6. Searching for Evidence 7. Securing and Collecting the Evidence a. Securing the Scene This is the first job of the responding officer’s. Safety of all individuals involved in the crime. Then preserve the evidence/s by protecting the area, limit exchange and request other teams to secure the area. b. Separating the Witnesses In this method, is to separate witnesses trying to prevent collusion. Immediately, as the following questions: When did the crime occur? Who called in the crime? Who is the victim? Can the perpetrator be identified? What did you see happen? Where were you when you observed the crime scene? c. Scan the scene to determine what photos are needed. Subsequently, after all the priorities scan the area so as to have a general idea of what really happen in the crime scene and probably know where to start the investigation. d. Seeing the Scene In seeing, photos of overall area is made, then close up photos with and without rulers. Triangulation of stationary objects should be included in the photos as reference point. View needs to be taken from several different angles and distances. Several close up photos of evidence and bodies. e. Searching for Evidence  43 The search is dependent on number of investigators. Initially, walk the scene marking location of evidence, photo, sketch. If a single investigator is only available: use grid, linear or spiral. In group search use linear, zone or quadrant pattern. Patterns are systematic to ensure no area is left unsearched. Utilize additional light for hair / fibers. Vacuum cleaner can also be a tool in searching. Flashlight and forceps are use to reduce picking up extraneous. f. Securing and Collecting the Evidence In collecting, it must be properly packaged, sealed and labeled. Specific procedures must be followed for collection and storage. Liquids and arson remains should be airtight in unbreakable container. Biological evidence should be placed in breathable containers to reduce mold. Evidence log and Chain of Custody document in attached to the evidence container. This has the following data: – Case number – Item inventory number – Description of the evidence – Name of the suspect – Name of the victim – Date and Time of recovery – Signature of person recovering evidence – Signature of any witnesses present during collection Chain of custody It is the number of persons who handle the evidence between the time of the commission of the offense and the ultimate disposition of the case and should be kept to minimum. If the chain of custody is broken, the evidence may be withheld as part of the evidence and can change the outcome of the case. CHAIN OF CUSTODY - Must be maintained to secure evidence. Some of the procedures are herein enumerated: 1. Collector finds evidence and bags it in paper or plastic 2. The final container is the collection bag labeled with pertinent info 3. Seal and collector’s signature written across sealed edge 4. Taken to a lab and signed over to technician 5. Technician opens bag (tears) somewhere not the sealed edge 6. Technician handles evidence then repackages evidence in original packaging and then seals in new packaging 7. Sign chain of custody log 8. Ensures responsible handling from crime scene to courtroom Conduct of Final Survey  44 The team leader makes a final review on the crime scene to determine whether or not the processing has been completed. Release of the Crime Scene The release of the crime scene is done if the investigator is satisfied that all pieces of evidence have been recovered. Thus, the investigator must evaluate the items recovered from the results of the interrogations of the suspect/s and the interview of the witnesses. He must bear in mind that upon the formal release of the crime scene to the proper authority, the warrant is already required for his re- entry to the crime scene. Analyze Evidence Each evidence found in the crime scene should be thoroughly analyzed to maximize its potential use in convicting criminal or freeing an innocent. Forensics lab helps in accomplishing this mission of bringing the truth. It process all evidence to determine facts of the case. It is better if there is a single technician specialize in examining evidence. Lab results sent to lead detective. The test results also lead to crime scene reconstruction. Investigators take this evidence and tries fit into scenario. Analysis can link a suspect to scene or victim or lead to acquittal. Direct evidence is more compelling than circumstantial. Crime Scene Reconstruction It is the hypothetical sequence of events in the commission of the crime. Examination of evidence and comparison to the witness accounts lead to determine reliability of evidence.. Evidence does not lie but it can be staged. Staged Crime Scenes Unique problem wherein evidence does not match testimony. Common situations are the following: Arson: stage fire to cover robbery, murder Suicide/murder: death may be alcohol or overdose Burglary: staged to collect money Things to consider when determining staging occurred Initially treat all death investigations as homicide Do the type(s) of wounds found on the victim match the weapon employed? Could the wounds be easily self inflicted? Establish a profile of the victim through interviews with friends and family Evaluate the behavior ( mood and actions) of the victim before the event Evaluate the behavior ( mood and actions) of any suspects before the event Corroborate statements with evidential facts Reconstruct the event Conduct all forensic examinations to determine the facts of the case  45 Arrest and Search Warrant Arrest refers to taking of the person into custody in order that he be made to answer for the commission of the crime. (Rule 113,Sec. 1, Rules in Criminal Procedure). Probable cause with respect to arrest is such a fact and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. Search warrant is an order in writing issued in the name of the people of the Philippines signed by the judge and directed to the peace officer, commanding him to search for personal property and bring it before the court. (Philippine Constitution) Importance of Arrest in the CJS Arrest is important in CJS because if the accused is not arrested, the court will not acquire jurisdiction over his person unless the person voluntarily surrenders himself to the authorities. Under the law, the court cannot proceed with the trial of the person without his presence or in absentia. The only exemption when the accused presence in court may not anymore be required is when he has been identified by the witness and when the accused has already been arraigned. Duties of the arresting officer executing an arrest with or without a warrant To arrest the accused without necessary delay and to deliver him to the nearest police station or jail. The officer shall inform the person to be arrested and of the fact that a warrant has been issued for his arrest. (with exception). To inform the person arrested about his rights under the Constitution and for the police to observe the mandate of RA 7438. Exception in informing the person to be arrested that a warrant is issued against him When he flees or forcibly resists before the officer has the opportunity to so inform him. When the giving of such information will imperil the arrest. The officer  46 need not have the warrant in his possession at the time of the arrest but after the arrest. If the person arrested so requires, the warrant shall be shown to him as soon as possible. The general rule in effecting an arrest is simply to make an arrest when there is a warrant. The reason is for the protection of the person making the arrest in order not to be charged criminally for violation of Article 124 of the Revised Penal Code, and other related penal laws; and also for any civil and administrative charges. The exception to the general rule is provided by the Revise Rules on Criminal Procedures (Rule 113, Section 5) Arrest without warrant is lawful, when a peace officer or a private person may, without a warrant, arrest a person in the following circumstances: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) When an offense has just been committed and he has probable cause to belief based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. Just like arrest, the general rule in effecting a search and seizure is only by virtue of a validly issued search and warrant. The Reason is for the protection of the searcher not to be charged of a crime of theft, robbery and the like and for any civil and administrative liabilities. 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 witnesses he may produce, and particularly describing the place to be searched and the things to be seized which may be any wherein the Philippine.  47 Personal property to be seized A search warrant may be issued for the search and seizure of personal property: Subject of the offense; Stolen or embezzled and other proceeds, or fruits of the offense, or Used or intended to be used as the means of committing an offense. Exception on the Search Warrant The following are the exception to the rule of Search Warrant: Warrantless search incidental to a lawful arrest. (Rule 126, Rules of Court); Seizure of evidence in plain view Search of a moving vehicle Consented warrantless search Custom Search Stop and Frisk search Exigent and emergency circumstances Evidence obtained in violation of the rule on arrest and seizure is not admissible as evidence against the accused. The evidence obtained is not admissible against the accused in any proceedings. The rule not admitting any unlawfully obtained evidence against the accused is referred to “the exclusionary rule” because the same is said to be “the fruit of the poisonous tree”.  48 Intelligence Nature and History of Intelligence Definition of Intelligence from Three Point Of View It is the end product resulting from recording evaluation, analysis, integration and interpretation of all available information, and which is used as a guide in the formulation of plans, policies and programs It may also refer to the activity involve in the production of the end product which include the collection and processing of pertinent data, and the determination and the use of that end product. It may also refer to the organization and individual actively involved in the production of the end product. Objective of Intelligence The fundamental objective of intelligence is to ensure rational and timely decision- making Principles of Intelligence: 1. Objectivity - intelligence must be based on the decision-maker’s own plans and intentions. There should be unity between knowledge and action. 2. Interdependence - intelligence is artificially divided into component elements which on its own has its purpose and importance but each component must remain an essential part of a unity.  49 3. Continuity - intelligence must be continuous; each subsequent event has been consequent of events preceding. The events of the present are products or results of the events of the past. 4. Communication - intelligence must be communicated to all the decision-makers in a manner that they will understand so that intelligence is utilized by those who need it. 5. Selection - intelligence should be essential and pertinent to the purpose at hand. Only relevant and significant information should form part of intelligence. 6. Timeliness - intelligence must be communicated to the decision-maker at the appropriate time to permit its most effective use. 7. Security - security is achieved by measures which intelligence takes to protect and preserve the integrity of its organization, personnel, methods, sources, information and results of its activities Four Axioms of intelligence Axioms are facts that require no proof because truth of these statement is obvious 1. Intelligence is crucial to internal security 2. Intelligence is essential to all types of operations 3. Intelligence is the responsibility of all intelligence agencies 4. Intelligence of the government must be superior to that of the enemy. History of Intelligence and Different Intelligence Agencies of other Nations: Intelligence activity is as old as war. Although, during early period it is not yet called intelligence. Intelligence was not only known during the 19th and 20th Century. Its emphasis may vary from time to time. But, its objective remains the same – to collect advance information about the enemy and use it to advantage. The desire from advance information was sought by our past leaders and personalities during the past. These were recorded in history before the modern era. Among them are discussed in the proceeding paragraphs: MOSES One of the first recorded Among the earliest records of formalized intelligence efforts with intelligence activity is the Biblical format, can also be found in the Holy account of Moses sending 12 observers Bible, Numbers 13:17. to go to the land of Canaan to see what the promise land looks like.  50 RAHAB The Harlot of Jericho (Joshua 2:1-21) who covered and concealed the agents of Israel, made an agreement with the agents and duped their pursuers. She was not only an impromptu confederate of immense value for the Jewish leader but also established a scheme which is still of utmost interest to motion picture producers. DELILAH The Philistines used her when she allowed Philistine spies to hide in her house (Judges 16) and used her sex to gain intelligence from a powerful enemy. She achieved what amounted to be a complete intelligence triumph, locating the largest effective force out of action. ALEXANDER THE GREAT When he was marching into Asia, there came to him hints and rumors of dissatisfaction among his allies and mercenaries, he sought the truth and got it by devising the first letter sorting and opening to obtain information. SUN-TZU - author of the art of war. In 400 B.C., the East was ahead of the West in the raft for intelligence rejecting the oracles and the seers. Sun-Tzu, a Chinese philosopher took a practical view to, what he said foreknowledge cannot be elicited from spirits, nor from gods nor from analogy with past events nor from men who knew the enemy situation. Among his view emphasized on the significance of terrain study and accurate information on the weaknesses and rivalries of Europe. Sun-Tzu’s book entitled the Art of War is the favorite readings of the late MAO TSE TUNG and is a required material for the Chinese Communist Tacticians. He further wrote the saying in which most people in the Intelligence community believe became a parlance in the world of intelligence. “If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know neither yourself but not the enemy, for every victory, you  51 will suffer a defeat. If you know neither yourself nor your enemy, you are a fool who will meet defeat in every battle.” AKBAR He was known to be an astute master of Hindustan. He employed more than 4,000 agents for the sole purpose of bringing him the truth that his throne might rest upon it. GENGHIS KHAN He was known as the Great Mongol, who used intelligence to conquer China. He instructed his generals to send out spies and used prisoners as sources of information. The leaders usually disguised as Merchants of the so-called Mongol Conquerors – made use of effective propaganda machine by spreading rumors of Mongol Terror, they collected information on weaknesses and rivalries of Europe. NAPOLEON BONAPARTE He once said – One spy in the right place is worth 20,000 men in the field. He formed two Bureaus of Interest: Bureau of Intelligence which consolidated all incoming information regarding the enemy for presentation to the emperor and to obtain information as desired and Topographic Bureau which maintains a large map that covers the latest information regarding both enemy and friendly forces. He maintained Military Intelligence and Secret Political Intelligence Service all over Europe. His main arm was the “Spy against Spy” idea. KARL SCHULMEISTER He is known as Napoleon's Eye, he was credited for establishing counter- intelligence against spies. He is a master of deceit who used black mail to obtain vital information to identify the enemies of Napoleon. FREDERICK THE GREAT He was known as the Father of Organized Military Espionage. He had been quoted as when in the field, he has one cook and hundred agents. He divided his agents into four classes: a. Common spies-recruited among poor folks, glad to earn a small sum or to accommodate a military officer; b. Double spies-are the lowly informers and unreliable renegades of value chiefly in spreading false information to the enemy; c. Spies of Consequences couriers and noblemen, staff officers and kindred conspirators, invariably requiring a substantial bribe or bait; and d. Persons who were forced to undertake espionage against their own will..  52 HANNIBAL He was considered one of the brilliant military strategists in the history of military intelligence. He had developed an excellent intelligence system for 15 years in Rome. He usually roam around the city often disguise as a Beggar to gather first hand information. JULIUS CAESAR In his time, the staff of each legion includes ten speculators who served as an information collecting agency. The Speculators were the first intelligence personnel to appear in a military organization. Military success of the Romans was aided by the communication system. Made use of pigeons as carrier which made intelligence transmittal very fast. GEORGE WASHINGTON Conspirators under oath abound in the history of every nation. He was Grandmaster in intelligence. He mobilized the Freemasons of the colonies at the outbreak of the American war of independence. Walshingham – protector of queen Elizabeth. Schulmoister – Napoleon's secret military agent. Wilhelm Von Stieber – a CIA intelligence officer who spied for soviet union from 1985 – 1994, he had perpetrated the costliest breach of security in the agency's history. FEDERAL BUREAU OF INVESTIGATION First established in 1908 as an investigative arm of the US Department of Justice and became the FBI with JOHN EDGAR HOOVER as its first Director in 1924. In 1939 by a presidential directive, it came to its responsibility the task of a domestic intelligence. CENTRAL INTELLIGENCE AGENCY (CIA) The agency was created under the US National Security Act of 1947. It was the central intelligence group established during the time of President HARRY TRUMAN in January 1946. Russia – the intelligence agency known as the KGB-Komitet Gosudarstvennoy Bezopasnosti (Committee for State Security)  53 British Secret Service – Great Britain, Scotland Yard, London Metropolitan Police Force – it was established by Sir ROBERT PEEL in 1829 which signaled the beginning of a colorful legendary police force and considered one of the most efficient in the world then. BND – Germany KCIA – Korean Central Intelligence Agency FSD - Federal Security Service of the Russian Federation, is the main domestic security agency of the Russian Federation, and the main successor of the Cheka, NKVD and the KGB. General Directorate For External Security - France external intelligence agency, operating under the direction of the French Ministry of Defense. MI6 - Secret Intelligence Service, supplies the British government of foreign intelligence. MSS - Ministry of State Security, is the security agency of the Peoples Republic of China. Mossad - Institute for Intelligence and Special Operations, is responsible for the intelligence collection and covert operation of the Israel government, Its Director reports directly to the Israel Prime Minister. It is one of the entities of the Israeli intelligence community along with AMAN (Military Intelligence) and SHIN BET (Internal Security) NICA - National Intelligence Coordinating Agency, the primary intelligence gathering arm of the Philippines. Its motto is Knowledge is Safety. It is headed by a Director General and is assisted by a Deputy Director General. The Director General reports directly to the President of the Philippines. EO 492 issued on February 1, 2006, ordered the NICA to activate the National Maritime Aerial Reconnaissance and Surveillance Center or NMARSC. The NMARSC shall serve as the primary intel provider for the Philippine intelligence community. Under the supervision and oversight of the National Security Adviser, the NICA-NMARSC will operate unmanned aerial vehicles or UAV's to cater to the imagery intelligence demands of various government agencies. During World War I, the need for Intelligence become apparent and  54 assumed an international scope. There British Intelligence developed were already: rapidly from a small unit into the most efficient organization which had Aerial Reconnaissance with the accurate information. introduction of aircraft Soviet Intelligence has always been adept in spying and in counter- Code and ciphers assumed espionage. significant role It was a war of spies and agents Information were concentrated on enemy’s military forces and their capabilities; The myth of German Intelligence as offensively effective was shattered due to lack of preparation, neglect of duties and lack of foresight; advantage of its collaboration with the While in World War II, modern Allied Powers. methods of warfare imposed greater demands on intelligence which had to cover not only the enemy forces but also such factors as technological, industrial capabilities, transportation facilities, internal political situations and the will of the people to resist. German intelligence remained effective. British Intelligence proved its resiliency. During the period between World The US expanded its intelligence War I and World War II, political organization. developments in each country shaped The soviet Intelligence also the growth of intelligence organizations. expanded its activities while taking There was a neglect of intelligence is the US. Britain developed the most efficient organization due to its discipline, imagination and improvisation. German Intelligence expanded employing all means at its command. French intelligence declined due to internal corruption. Japanese Intelligence developed rapidly in support of her bid for conquest of the Asian region. After the war, two contrary concepts of world relationships became clearly defined in the opposing policies of the US and the USSR. With the exposure of an  55 intricate system of Soviet covert agents is the US and other western countries, the US made some readjustments in its intelligence efforts. Introduction to Intelligence Definitions of Intelligence It is an end product or knowledge resulting from the evaluation, analysis, investigation and interpretation of information which is immediately or potentially significant to the development of plans, policies and programs of the users. It is used to determine domestic and foreign policies both in peace and in war. The product resulting from the collection, evaluation, analysis, integration and interpretation of all available information, and which is used as a guide in the formulation of plans, policies and programs. The network of systems for the collection, collation, interpretation, evaluation, processing and dissemination of information. The collection, processing, collation, interpretation, evaluation and dissemination of information, with reference to national security. A meaningful statement derived from information which has been selected, interpreted and finally expressed so that its significance to a current policy problem is clear. It is defined as the ability to and adapt to the environment. Intelligent people can understand better what goes on around them so that they can respond to it effectively  56 and are also good at learning various kinds of information, which they can use to their advantage or to the advantage of others. Raw data that have undergone the process of the intelligence cycle. Intelligence is produced. Formula in Intelligence: “Data + analysis = Inte