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FUNDAMENTALS OF CRIMINAL INVESTIGATION PSSg Roy E Estillero, JD, RCrim Former Criminal Investigator, PS-8, QCPD Crimial Investigation Course Class 193-2013 Police Detective Course Class 06-2019 CRIMINAL INVESTIGATION? It is derived from the Latin word “INVESTIGATUS”, which means to trace or to track...
FUNDAMENTALS OF CRIMINAL INVESTIGATION PSSg Roy E Estillero, JD, RCrim Former Criminal Investigator, PS-8, QCPD Crimial Investigation Course Class 193-2013 Police Detective Course Class 06-2019 CRIMINAL INVESTIGATION? It is derived from the Latin word “INVESTIGATUS”, which means to trace or to track. Literally means the act/process of careful inquiry or research; and/or the systematic examination of some scientific detail or question whether by experiment or mathematical treatment. INVESTIGARE – a Latin word, which means to track or look into for traces. • to try to find out the facts about (such as a crime or an accident) VESTIGIUM – which means footprints • a trace or vestige Criminal Investigation– is an art which deals with the identity and location of the offender and provides evidence of his guilt in criminal proceedings. Criminal Investigator – is the person who is charged with the duty of carrying the objectives of investigation such as: identify the criminal locate the offender; and provide evidence for the offender’s guilt. With CIDDC, CIC, CRIDEC and PDC Five Functions of Criminal Investigators • Identification of Evidence • Collection of Evidences • Preservation of Evidences • Evaluation/Processing of Evidences(SOCO - CrimLab) • Presentation of evidences and the Criminal case Court Modes of Criminal Investigation 1. Reactive Response - acting in response to a situation rather than creating or controlling it. 2. Proactive Response - creating or controlling a situation by causing something to happen rather than responding to it after it has happened. 3. Preventive Response - keep something undesirable such as illness, harm, or accidents from occurring. WHO CONDUCTS INVESTIGATION? 1. FICTITIOUS INVESTIGATORS – not real or true, being imaginary or having been fabricated. 2. GOVERNMENT INVESTIGATORS – Examples of this category of investigators are the police investigators (CIDG Officers, NBI Agent) and BIR Inspectors. 3. PRIVATE DETECTIVES – These are hired private people who conduct investigations either directly or indirectly, those employed by private attorneys to called information or evidence. 6TYPES OF INVESTIGATION 1. Formal Investigation – it is usually done by the police to discover facts concerning a civil or criminal case. 2. 2Inquest – it is used to describe a form of judicial inquiry. It is conducted by Public prosecutors to determined of legal grounds exist in filling a criminal complainant against a person. 3. Inquisition – it simply refers to any penetrating investigation concerning a religious issue. 4. Probe – it is an extensive, searching inquiry conducted by the government. However, it is often associated with committees, usually in the form of legislative inquiries. Examples are the investigation conducted by the Senate Blue Ribbon Committee. prober – investigator sleuth - detective 5. Research – it refers to careful, patient, investigation done by scientists or scholars in their efforts to identify original sources of data or causes of problem. 6. Investigative Reporting – a recent practice pursued by the members of the press on their own initiative. It is designed to serve a dual purpose: – to attract readers/viewers, and – to get to the roots or a problem. 1 TRICHOTOMY OF CRIMINAL INVESTIGATION. 1. TRAINING - Being a critical factors in developing good and competent investigator, is the key to freedom from bondage of ignorance. It's a dynamic process it never ends. The action of teaching a person or animal a particular skills. 2. TOOLS (Information, Interview, Interrogation, Instrumentation) - The key tool in criminal investigation is the information. It is the most powerful weapon of investigators, more powerful than gun or money. (BGen. Macasiano 1991). As an investigative aid, it is the means by which queries can be answered. The significance of information can be understood by what Rudyard Kipling has said: I keep six honest men They thought me all I know; Their names are what and why and when And how and where and who. Napoleon bonaparte - one spy in a right place is worth a thousand soldier who introduce 5w's and 1 h? rudyard kipling 6 CARDINAL POINTS OF INVESTIGATION 1. What specific offense has been committed (e.g Murder, Homicide, Theft, Robbery) 2. When the offense was committed? (time/date) 3. Where it was committed? (place of opponent) 4. Who committed the offense? (suspect/s) 5. Why was it committed? (motives) (e.g Violent Crime, Political Crime, Family-related Crime) 6. How was it committed? (manner/uri) (Shooting Incident, Stabbing, Suicide) 3) TECHNIQUE- Is the essence of the many facts of tactical strategy in investigation. HISTORICAL BACKGROUND • Jonathan Wild- became London’s most effective criminal investigator for pioneering the logic of EMPLOYING A THIEF TO CATCH A THIEF. • Henry Fielding- wrote the novel “Tom Jones” appointed as magistrate/judge for Westminster and Middlesex in London. BOW STREET RUNNERS • Sir John Fielding- younger brother of Henry Fielding, took over the control of the Bow Street Court in 1753. • Sir Robert Peel- founded Metropolitan Police or THE SCOTLANDYARD. • TEXAS RANGERS- organized as first law enforcement agency with statewide investigative authority, the forerunner of the FBI. • Charles Dickens- author of “The Bleak House’, introduced the term “detective” to the English Language. • Allan Pinkerton- Became the America’s most famous private investigator. Founder of American criminal Investigation System. • Kate Wayne- was the first woman detective hired by Pinkerton. • Jesse James Gang made the first bank hold-up which marked the beginning of the gang’s 15-year hold-up and robbery spree. • Alphonse Bertillion- A French police clerk introduced the first systematic identification system based on Anthropometry or ANTHOPOMETRICAL SIGNAMENT. Recognized as the founder of Criminal Identification. • Dr. Arthur Conan Doyle- popularized scientific criminal investigation by creating the fictional detectives SHERLOCK HOLMES and his friend Dr. Watson Holmes. Anthropometry (from Greek anthropos, “human” and metron, “measure”) refers to the measurement of the human individual. An early tool of physical anthropology, it has been used for identification for the purposes of understanding human physical variation. • 1961, U.S.A.- Mapp vs. Ohio (376 vs. 584) - this criminal case, the Supreme Court ruled that illegally obtained evidence is inadmissible in state criminal prosecutions. This case established the DOCTRINE OF THE POISONOUS TREE. • 1811- Eugene Francois Vidocq established a squad of ex-convicts to aid the Paris Police in investigating crimes and he worked under the theory of SET A THIEF TO CATCH A THIEF. He was credited as the Father of LA SURETE, France National Detective Organization. • Surete - the French police department of criminal investigation. • 1833- In England, London’s Metropolitan Police Force employed the first undercover officer. 2 Undercover - is an investigative technique in which the investigator conceals his true identity and status and adopts an assumed role in order to obtain access to information or evidence which would not be available through other investigative means. Types of Undercover Assignments a. Dwelling Assignment - A dwelling assignment is one in which the undercover investigator establishes residence in or near the dwelling which houses the subject in order to maintain constant contact with the home life of the subject. b. Work Assignment - A work assignment places the investigator in a type of employment where he can observe the activities of the subject at his place of work. c. Social Assignment - A social assignment requires the investigator to frequent places of entertainment and amusement known to be habitually trusted by target personalities and their associates. d. Personal Contact Assignment - A personal contact assignment is a special undercover assignment in which the undercover investigator is required to develop the friendship and trust of a target personalities for the purpose of obtaining information and evidence. e. Multiple Assignment - In a multiple assignment, a single undercover investigator is given the task of covering two or more of the above specific assignments simultaneously. This type of assignment produce extensive information with minimum expenditure of personnel, but the danger of compromise is more prevalent. 1851- Multi-suspect identification line-up was used for the first time in Boston. 1859- Photographs became admissible as evidence when relevant and properly verified America Appellate Courts. THOMAS BYRNES- New York Investigator. He introduced the MODUS OPERANDI FILE. in CRIMINAL INVESTIGATION. May start in three ways: • A report/information received about a criminal incident. • The criminal complaint of the offended party; • Spontaneous action or self-initiation by the police or any law enforcement agency. What are the 3 I’s of investigation? 1. Information - is the knowledge which the investigator gathered and acquired from other persons. POWER OF SENSES A. Seeing – 85% B. Hearing - 13% C. Other three senses - 2% What are the classifications of information? a. Information from regular sources such as records and files of the police, company records, civic spirited citizens; and b. Information from cultivated sources such as paid informants, bartenders, cab drivers SOURCES OF INFORMATION- Refer to whom, where or when information are derived or developed. General Types of Information: a) Open Sources - refers to something people can modify and share b) Closed Sources - that is not made available to the general public by its creators 2. Interview - Simple questioning of a person who is cooperating with the investigator. Three Stages of Interview 1. Preliminary Interview - very first interviews 2. Follow – up Interview - second interviews 3. Final Interview - The last questioning that may be to the act of offering a witness to testify during trial. METHODS OF REPRODUCING AN INTERVIEW 1. Mental note - advantage of permitting an uninterrupted flow of information; disadvantage untrained memory leads to inaccuracy. 2. Written note - sketchy; only significant details; if accompanied by oral confession, requires more exact reproduction. 3 3. Stenographic note - deter hesitant subject 4. Sound recording - simplest and most practical means of reproducing 5. Sound and motion pictures - most ideal because it can show all the physical appearance of the subject General Types of Recording A. Overt transcript - recording is known by the subject B. Surreptitious/Secretively transcript - without the knowledge of the subject INTERROGATION - The vigorous/strong questioning of a person who is a reluctant/unwilling to divulge/reveal information. THE INTERROGATION ROOM Privacy: 1. Restricted Entrance 2. absence of window or view. 3. sound proofing. 4. telephone without bell Simplicity: 1. Medium Sized Room. 2. Bare Walls. 3. No Glaring Lights 4. Minimum Furniture. Technical Aids: A. TWO WAY MIRROR B. RECORDING DEVICE C. RECORDER Seating Arrangement. The Subject and the investigator should be seated with no large furniture between them. a. Chair. Armless, straight back chair for the suspect. b. Table or Desk. The investigator requires a flat surface on which to place papers and articles of evidence. c. Suspects. Seating the suspect with his back to the door further deprives him of any hope of interruptions or distraction. APPROACH AND PROBE • Approach - the process of setting people to start talking. • Probe - the process to keep the person/subject talking incessantly.--> NOT STOPPING Controlling the Investigation or Interrogation A. Initial phase - suspect may be permitted to tell his story without interruption B. Questioning - planned to unmask the suspect C. Emotional control - if subject is uncooperative, exert all effort to be calm D. Strategic interruption - pause once in while if needed. TECHNIQUES OF INTERROGATION A. Emotional Appeal – combining the character of an actor and a practical psychologists B. Sympathetic – listening to the subject’s story of his troubles, plight and unfortunate situation then offer an act of friendship and acts of kindness C. Friendliness - being friendly may induce the subject to confess D. Stern Method - strict judicious act. TYPES OF FRIENDLINESS TECHNIQUE 1. Helpful advisor – offer an advise 2. Sympathetic brother – subject is seeking peace of mind thus square things with his own conscience. 3. Extenuation – the action of lessening the seriousness of guilt or an offense. the investigator could present the affair in its true light if the suspect is given the chance to give the details of the unfortunate incident. 4. Shifting the blame – show that the incident may happen to anyone, a full narration may convince the judge or the complainant to change her mind 5. Mutt and Jeff – one is enemy while the other a friend 6. Creating or Increasing the Feeling of Anxiety – further misrepresentations the picture. INCREASING THE FEELING OF ANXIETY a. Exaggerating fear – persistently point out that he “cannot win”, no perfect crime, “his silence may affect his loved ones.” 4 b. Greater or lesser guilt – certain criminal act may constitute different kinds of offenses, interrogator may show to be interested only with the minor ones. c. The line-up – witnesses/complainant, previously coached confidentially points out the subject as the guilty party in the line-up. d. The reverse Line-up – suspect is identified by fictitious witnesses or victims who will associate him with different offenses. Once desperate, the suspect confess to the offense under investigation. e. Bluff on a split-pair – suspects are separate and the interrogator pretends that the other has already confessed. STERN METHOD AS TECHNIQUE a. Pretense of a physical evidence b. Jolting – for a calm and nervous subject by choosing propitious moment to shout a pertinent question c. Indifference – Two investigators will be discussing the case whether they can obtain a conviction for a greater crime or whether they can obtain the maximum sentence. d. Questioning as a formality – a thing that is done simply to comply with requirements of etiquette, regulations e. Affording and opportunity to lie – interrogator tries to detect weak points, inconsistencies, improbabilities, and gaps. SUGGESTED BEHAVIOR OF INTERROGATOR 1. Retain a pleasant mood 2. Control your temper 3. Radiate confidence 4. Never reveal the case 5. Avoid a clash/conflict of personalities 6. Suspect every answer 7. Never be little the subject TECHNIQUES 1. Direct approach – no effort to conceal the purpose of the interrogation. 2. File and Dossier/Written Record – the interrogator prepares a dossier containing all available info about the source’s and his organization. 3. “We know all” – this technique may be employed in simultaneousness with the file and dossier or by itself. The interrogator must first become thoroughly familiar with the available data concerning the source. 4. Futility technique – The interrogator convinces the source the futility or uselessness of resistance or the attempt to prevent something by action. Factual information is presented by the interrogator in a convincing manner. 5. Rapid fire technique – this technique involves a psychological ploy based on principles that: a. Everyone likes to be heard when he speaks. b. It is confusing to be interrupted in mid-sentence with an unrelated question. This technique maybe used by an individual interrogator, or simultaneously by two or more interrogators asks a series of questions that the source does not have time to answer a question completely before the next question is asked. 6. Incentive technique – this is based on the application of indirect physical discomfort upon a hostile source but lacks will power. The source may display fondness for certain luxury items: e.g. food, fruit, cigarette etc. This fondness provides the interrogator with a positive means of rewarding the source for cooperation and truthfulness. 7. Repetition Technique – used to introduce cooperation from a hostile force. In one variation, interrogators listen carefully and then repeat both the question and the answer several times. 8. Mutt and Jeff technique – psychological ploy that takes advantage of natural uncertainty and guilt of source. This technique necessitates employment of two seasoned interrogators who are convincing actors that basically display opposing personalities and attitudes towards the source. 9. Pride and ego technique – the strategy of this technique is to trick the source into revealing desired information by goading or flattering him. This is effective with sources that displayed weaknesses or feeling of inferiority. 10. Silent technique – this is employed against nervous or confident source by the interrogator by saying nothing and looking squarely in the eyes with a slight smile. It is important not to look away from the source, but force him to break the eye contact first.e.g greed, love, revenge, hate or one of many other human emotions. 11. Change of scene – the idea in using this approach is to get the source away from the atmosphere of an interrogation room or setting, and may be well effective for those who are apprehensive or frightened types. In some circumstances, the interrogator may be able to invite the source to a nearby 5 coffeehouse for coffee and pleasant conversation. During the conversation, the interrogator steers the conversation to the topic of interest. This somewhat of an indirect method or of elicitation. DEFINITION: ELICITATION- is a subtle or distinction form of interrogation in which an apparently casual conversation is directed in such a manner as to obtain information without the subject aware of a deliberate attempt to gain significant information from him. COMMON APPROACHES WHICH DERIVE FROM FLATTERY ARE: 1. The Teacher Pupil Approach 2. The Kindred/Kin Soul Approach 3. The Good Samaritan Approach 4. Partial Disagreement/Difference Approach 5. Negative Approach 6. Provocative/Strong Reaction Approach The Teaser Bait Approach Teaser - a person who provokes others in a playful or unkind way. Bait - trap The Man from Missouri Approach - juvenile justice emphasizes moving beyond symptoms to the root causes of juvenile delinquency The Joe Blow Approach - an average or ordinary man The National Pride Approach - factor and the players admit to feeling they have let their countries down if they do not play well. 3. Instrumentation - the application of instruments and methods of physical sciences in the detection of crime. PHASES OF CRIMINAL INVESTIGATION 1. Identification of the offender 2. Tracing and locating the offender 3. Gathering of evidence to prove the guilt of the accused. What are the methods of identifying the criminals? 1. Confession, or 2. Admission 3. Identification based on circumstantial evidence 4. Identification based on Associative evidence 5. Identification by the Method of Operation (Modus Operandi) Confession – is a direct acknowledgment by the accused in a criminal case of the truth of his guilt as to the crime charged or of some parts of the commission of the criminal act itself. Admission – is the statement of facts by the accused in a criminal case which does not directly involve the acknowledgment of guilt in the commission of crimes for which he is charged. Additional requirements for confession to prove the guilt of the accused. a. It must be supported by other corroborative/give support evidence. b. Corpus delicti (body of the crime) must be established separately. c. The confession must be voluntary and freely given. 6 Corroborative evidence - refers to the kind of evidence that is required to support the existing evidence. thus taking an example a child says that X kills Y, thus since the child cannot 100% be trusted then there must be aneed of another evidence to support such evidence. What are the methods of identification of witness? 1. Verbal description 2. Photographic files 3. General photograph 4. Artist’s assistance 5. The “Police Line-up” Police line-up is the customary means of identification of a suspect. when conducted properly, it is considered more accurate than the other methods. A lineup is a police identification procedure in which the suspect of a crime is exhibited with a number of other participants so that a witness can identify him. Lineup is used as a means of selecting a suspect from a group of similar-looking persons. The purpose of the lineup is the elimination of the power of suggestion as a factor in identification. Appearance. The person participating in the lineup should have the same general appearance as the suspect with the respect to race, sex, height, hair and clothing. Person known to the witness should not be used in lineup LOCATION. Lineup should be held in a room away from the public view so that there is little opportunity for disturbance. The room must at least be large enough to accommodate six lineup participant side by side while still leaving room for their freedom of movement. POSITION. The suspect should be permitted to select his own position in lineup. This can be done after the investigator has left the room to bring in the witness. WITNESS CONDUCT. The witness should be instructed before entering the lineup room that the suspect may or not be among the persons in the group and that he should simply enter the room and study the group without pointing, shaking his head or otherwise indicating a decisions. The witness is given a form on which he can indicate his selection. The form consist of numbered boxes to represent the positions of each member of the lineup and an additional box to indicate no selection while the lineup participants are in view, the witness marks the appropriate box. He should not state whether he has recognized the suspect until he left the room. WITNESS’S CONDUCT (cont). The suspect should not be made aware of any decision on the part of the witness, since this knowledge may interfere with techniques that the investigator is using. Where, however, the witness positively identified the suspect, the investigator may wish to confront the suspect with the witness in order to induce a confession Conduct of Members of lineup. The lineup members should not talk while in the room unless voice identification is required. CONDUCT OF MEMBERS OF LINEUP (Cont). Before bringing in the witness, the investigator should determine whether it will be necessary to the lineup members wear hats, walk, show certain physical areas, sit down, or otherwise demonstrate any characteristics. If during the lineup the witness desire the lineup members to perform certain actions, he should communicate this information in a quite aside to the investigator. PROCEDURE To conduct a lineup, a group of six including the suspect should be assembled. The procedure is designed to provide for an accurate and reliable identification. 7 In here, the suspect is identified by fictitious witnesses or victims who will associate him with different offenses. Once desperate, the suspect confess to the offense under investigation. REVERSE LINEUP Identification based on circumstantial evidence to produce a conviction of the accused Circumstantial evidence may be sufficient to produce conviction if the following circumstances are present: a. When there are more than one circumstances present, b. When the facts from which the inferences are derived are proven; c. When the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. By the Identification based on Associative evidence These are physical evidence which may identify the criminal by means of clues, personal properties, or the characteristic pattern of procedure deduced from the arrangement of objects at the crime scene. Identification by the Method of Operation (Modus Operandi) The modus operandi file enables the investigators to recognize a pattern of criminal behavior exhibited by the suspect. The investigator can also detect thru the files that a series of crimes committed were done by a single criminal and therefore, he can predict and approximate the next target of the criminal in the future. HOW TO TRACE AND LOCATE CRIMINALS? A. Tracing and locating the criminals through the use of informants Informer - a person who gives information in to the investigator in exhange of a price or reward. Informant – a person who gives information to the investigator. Confidential informant – is a person who provides an investigator information concerning a past or projected crime and does not wish to be known as the source of information. Types of Informants: 1. Anonymous informant – this is an anonymous telephone caller or letter writer who give information about the suspect. 2. Rival – elimination informant – usually anonymous. His purpose in informing is to eliminate rivals or competition. 3. False informant – reveals information usually of no consequence or stuff concocted out of thin air. Purpose is to appear to be on the side of the law and for the purpose of throwing suspicion of the police from himself, to his gang, or associates. 4. Frightened informant – is a person who is compelled by fear or self-interest. This type is the weakest link in the criminal chain of the gang. 5. Mercenary informant – this is the paid informant and always has something to sell to the police. He may be a valuable source of information. Sometimes his motive is revenge since he fells that he has been double-crosses or given a “dirty deal” and therefore seeks profit in telling the information to the police for fee. 6. Double-crosser informant – uses his seemingly desire to give information as an excuse to talk to the police in order to get more information from them than he gives. 7. Woman informant – female associate of any criminal. She gives information because she has been jilted by her criminal lover or just being jealous. 8. Legitimate informant – operator of license premises who does not want his/her place of business to become the hangout of criminals. CRIME SCENE SKETCHES • Sketches are prepared to indicate exact location of objects and its relationship to each other and other objects at the crime scene. It is 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. Things to consider in preparing a crime scene rough sketch 1. Must present the exact measurement and information about the placement of objects. 2. Must be oriented to the north or show the direction of the north. 3. Must indicate an accurate measurement of objects and location of physical evidence. 4. Must use the one of the commonly known type of measurement either English or American. 8 5. Must always use fixed point or object as reference point. 6. Must indicate the tag or evidence designated number on the sketch. 7. Must contains the 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. 8. The finish sketch will be prepared at the office for court presentation. 9. Use the universally recommended symbols. Note: While preparing the sketch, the sketcher should stay in one place. Main Type of Crime Scene Sketch Rough Sketch (See Figure 4) • 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. Smooth/ Finish Sketch (See Figure 5) • A smooth or finish sketch is one that is finished and is frequently drawn to scale from the information provided in the rough sketch. If a sketch is drawn to scale, the numbers concerning the distances can be eliminated. However, if the sketch is not drawn to scale, the distances need to be shown. TYPES OF SKETCHES 1. Floor Plan/Over View/Bird’s Eye view - Is the simplest and most common one used in diagramming crime scenes. It may be used in nearly all crime scene situation where the items of interest are located in one plane. It is also the easiest for lay people such jury members/judges to comprehend. 2. Ground Sketch 4. Neighborhood Sketch - 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. 5. Exploded View/Cross Projection - 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 6. Elevation Sketch - 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 the 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. 7. Perspective Drawing Computer-Aided Crime Scene Sketching Sophisticated software makes it possible for investigators to generate professional crime scene drawings as well as reconstructions of motor vehicles accidents. Drawings can be easily manipulated and updated and used in other programs to produce a finished report. 9 Some programs can rescale drawing to enlarge them for courtroom presentation. Type of Measurements 1. Triangulation - 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. The triangulation method is useful in an outdoor situation where there are no easily identified edges of roads or field to use as reference points. Measurement follows the shape of a triangle 2. Rectangular - This method uses two walls in a room as fixed points, from which distances are measured at right angle to the object. 3. Baseline/Coordinate Method - 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. In outdoor scenes, 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 to the point at right angle to the object. 4. Polar Coordinate - One permanent object is chosen and with the use of a compass, the direction of the object to be measured is determined. 5. Compass Point -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. 6. Grid - 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. The kind of specific sketches that pictures the scene of the crime with its physical environment is called: Sketch of the ground The element of sketching which explains the symbols used in the sketch is called: Legend What is the most common and popular method of searching a crime scene? Link In spiral search method, the searchers follow each other in the path of a spiral beginning Inside and slowly move outward in the form of a spiral When police should search a large outdoor crime scene to look for possible pieces of physical evidence, the method to be applied is grid CRIME SCENE SEARCH The search for physical evidence is done using the accepted methods of search depending upon the actual location to be searched A crime scene search could only be started after it has been photographed and sketched OBJECTIVES OF A CRIME SCENE SEARCH To systematically look for physical evidence that may prove useful in establishing that a crime has been committed. To determine what method of operation the perpetrator may have used. DIFFERENT METHOD OF SEARCH A. Strip or Line Search - In this method, the area is blocked out in the form of a rectangle. The searcher proceeds slowly at the same pace along path parallel to one side of the rectangle. It is typically used in outdoor scenes to cover large areas in which detailed examination is necessary. It is frequently used by archaeologists when they search a particular area. It uses a series of lanes across the crime scene. It can be used by one person or a group of searchers. o Each lane contains a searcher that walks down the lane parallel to the other searcher. o Once the searchers get to the end of the lane they reverse their direction and walk back adjacent to the lane they just searched. o This process is continued until the entire crime scene area has been searched. o If one of the searchers find evidence, all searchers should stop until the evidence is properly processed and they received additional information. 10 B. Grid or Double Strip Search - The grid or double strip method of search is a modification of strip search method. Here, the rectangle is traversed first parallel to the base then parallel to the side. It is a combination of the strip search and is useful for large crime scenes, particularly outdoor scenes. After completing the strip search, the searchers are doubled back, perpendicularly across the area they just searched. It is very time consuming, but causes a very methodical and thorough examination of the area. It also has the advantage of allowing searchers to view and search the crime scene from two different viewpoints, thereby increasing the possibility of uncovering evidence not previously noticed. Spiral Search - In this method, the searchers follow each other along the path of a spiral, beginning on the outside and spiraling in towards the center. o The searching officer starting at the focal point of the crime scene or the centre of the area, working outward by circling in a clockwise or counter-clockwise direction to the outside edges of the crime scene. o It is a good pattern for a confined area. o It works well in a small room. In addition to using the spiral pattern in a room, it is also helpful to apply this pattern in layers. This can be done as follows: Visually search the top third of the room, as well as the ceiling. Search the middle third of the room including drawers and cabinets. Search the lower third, using the spiral technique. C. Quadrant/Zone/Sector Search - In this method, one searcher is assigned to a quadrant, then each quadrant is cut into another set of quadrants. D. Wheel/Pie Search - In this method of search, the area is considered to be approximately circular. The searchers gather at the center and proceed outward along radii or spokes. It is based on the establishment of a circle surrounding the crime scene. The circle is then divided into six quadrants in a pie-like fashion. CONDUCT OF FINAL SURVEY The Team leader should make a final review of 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. ARREST, SEARCHES AND SEIZURES Arrest –is the actual restraint of the person to be arrested or by his submission to the custody of the person making the arrest. Warrant of ArrestSearch warrant Arrest can be made in the following cases: 1. arrest by actual restraint, and 2. by voluntary submission Warrantless Arrest (Rule 113, sec 5) Rule 126 (searches and seizures) SEARCH AND SEIZURES Search warrant – is an order in writing issued in the name of the People of the Philippines, signed by a judge, and directed by a peace officer, commanding him to search for any property described therein and bring it before the court. 11 12
