Fundamentals Of Criminal Investigation And Intelligence PDF

FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE LYEN CAREL T. GARCIA TOP 1 CLE JUNE 2022  CRIMINAL May be defined in three different views: CRIMINOLOGICAL SENSE A person may be considered as a criminal from the time he or sh...

FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE LYEN CAREL T. GARCIA TOP 1 CLE JUNE 2022  CRIMINAL May be defined in three different views: CRIMINOLOGICAL SENSE A person may be considered as a criminal from the time he or she committed the crime regardless whether or not it has been reported to the police for investigation. CRIMINAL JUSTICE SENSE A criminal may be defined as one who has undergone the process and went through all the pillars of the Criminal Justice System LEGAL SENSE A person may be considered a criminal only upon undergoing in the Judicial process and upon determination by the court that he or she is guilty beyond reasonable doubt.  INVESTIGATION Literally means the act or process of careful inquiry or research; and defined by Webster’s as the systematic examination of some scientific detail or question whether by experiment or mathematical treatment. Origin of the word: Latin word: “Investigare/Vestigare or Investigatus” which means to trace or track. “Vestigium” which means footprint “Investigationem” which means searching for Old French: “Investigacion” which means a searching into  CRIMINAL INVESTIGATION It is an art or science (as well) which deals with the identity and location of the offender and provides evidence of guilt through criminal proceedings. It is more an art than a science for it is not governed by rigid rules, but more often rule by intuition, felicity of inspiration, and to a minor extent, by chance or luck. ART According to Hans Gross, Criminal investigation is 95% PERSPIRATION, 3%INSPIRATION, 2% LUCK SCIENCE Criminal Investigation is a SCIENCE because it is based on adequate preparation and abundance of certain qualities.  Involves the systematic process of identifying, collecting, preserving, and evaluating information for purposes of bringing a criminal offender to justice. It is the collection of facts in order to accomplish the three- fold aims: Identify the guilty party; Locate the guilty party; and Provide evidence of his guilt.  ANCIENT ROOTS OF INVESTIGATION 1720’s – History of investigation started in England. It was during the time of JONATHAN WILD - a buckle maker then a brothel operator; a master criminal who became London’s most effective criminal investigator. He was the most famous Thief Catcher in 1720’s for pioneering the logic of “employing a thief to catch a thief”. Two Classes of Early Thief Catchers: 1. Hirelings – whose motivations were mercenary in nature; 2. Social Climbers – who would implicate their accomplices in order to move up the social ladder. 1749, England – HENRY FIELDING a magistrate for Westminster and Middlesex in London, who founded a group of non-uniformed thief catchers attached to the Bow Street Court whose function was to detect and watch criminals. SIR JOHN FIELDING – the blind younger brother of Henry Fielding who took over the control of the Bow Street Court in 1753. This time he called it as the “Bow Street Runner” which was considered as the first privately paid group to follow-up investigation of crime. He initiated the practice of developing paid informants, printing wanted notices, employing criminal raids, and bearing firearms and handcuffs. 1811, France – EUGENE “FRANCOIS” VIDOCQ – a former convict who became a Paris Investigator who introduced the trade protection policy which became the forerunner of the credit card system. 1829, London – SIR ROBERT PEEL (the Father of Modern Policing System), founded the London Metropolitan Police – the SCOTLAND YARD Bobbies. He presented the art and techniques of surveillance such as detectives concealing themselves while discreetly taking photograph and recording conversation. 1835, USA – TEXAS RANGERS was organized as first law enforcement agency with statewide investigative authority, the forerunner of the Federal Bureau of Investigation (FBI) 1852, USA – ALLAN PINKERTON became America’s most famous private investigator who was considered as the founder of American Criminal Investigation System. Spearheaded the use of the telegraph, the railroads and photography He can also be credited with establishing the practice of handwriting examination in U.S. courts Credited for perfecting the techniques of Undercover Investigation. 1856, USA -MRS. KATE WARNE – was the first woman detective hired by Pinkerton agency. 1877, England – HOWARD VINCENT -a civilian lawyer who became the head of the Criminal Investigation Department hired by Sir Robert Peel. 1882, France -ALPHONSE BERTILLON – a French Police Clerk who was recognized as the founder of Criminal Identification for introducing the first systematic identification system based on Anthropometry. 1887, England – DR. ARTHUR CONAN DOYLE – was a British writer and physician, most noted for creating the fictional detective Sherlock Holmes and writing stories about him which led to the public consciousness for forensic science. 1891 – DR. HANS GROSS, was an Australian Criminal Jurist who published the book “Criminal Investigation” introducing the first comprehensive description of physical evidence in solving problems. Credited in coining the word “CRIMINALISTICS” Father of Criminalistics/Criminal Investigation 1954, USA – DR. PAUL KIRK, one of the best known American Criminalist, headed the Department of Criminalistics at the University of California, USA. 1961, MAPP VS. OHIO - US Supreme Court ruled that “illegally obtained evidence is inadmissible”. The case that established the “Doctrine of the Fruit of the Poisonous Tree”. 1966, MIRANDA VS. ARIZONA - established the rights of a person under custodial investigation.  CONCEPT AND PRINCIPLES OF CRIMINAL INVESTIGATION CRIMINAL INVESTIGATOR -He is the skilled person who is charged with the duty of conducting criminal investigation when a crime is committed.  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.  SIX CARDINAL POINTS OF INVESTIGATION WHAT specific offense has Nature of crime been committed? WHERE crime was committed? Place or location WHEN it was committed? Time and date WHOM it was committed? Persons/s involved WHY it was committed? Reason or motive of Committing the crime HOW it was committed? Manner, method or modus operandi  QUALITIES OF INVESTIGATOR a. PERSEVERANCE – steadfastness, persistence and resolution to bring the desired conclusion inspite of obstacles connected with criminal investigation. b. ENDURANCE – The ability to last physically and mentally hence, he must have the extra ordinary physical and mental energy, enduring sleepless nights and tiresome days. c. INCORRUPTIBLE HONESTY AND INTEGRITY – In the practice of this art, there is the ever temptations of money, women and drinks, where these are present in every corner playing tricks and temptations d. THE INTELLIGENCE AND WISDOM OF SOLOMON – This is very important in order that the investigator could easily decipher falsehood from truth and separate the grain from the chaff. e. THE KNOWLEDGE OF PSYCHOLOGY AND OTHER NATURAL SCIENCES – He must know the different patterns of human behavior, the prevailing situations in a specific environment and the laws of nature. This is an armor to detect deceptions, and lies when dealing with witnesses, and informers and suspects. f. ACTING ABILITY – It is the ability to go down to the level of the minor, the prostitute or slum dwellers or the level of the other professionals or the members of the elite. g. MASTERY OF THE ORAL AND WRITTEN COMMUNICATIONS – in order that he will not suffer setbacks in getting accurate facts. h. THE KEEN POWER OF OBSERVATION AND DESCRIPTION – these are very important in crime scene investigation and in interview and interrogation. i. COURAGE – it is the moral fortitude to tell the truth no matter who will be hurt. j. WORKING KNOWLEDGE OF CRIMINAL LAW, EVIDENCE, CRIMINAL PROCEDURE, AND PENAL SPECIAL LAWS. k. SENSE OF JUSTICE AND FAIR PLAY l. THE POWER TO READ BETWEEN THE LINES m. WORKING KNOWLEDGE OF MARTIAL ARTS AND FIREARMS PROFICIENCY – He will find himself in many occasions that he will be alone in confronting, arresting, bringing to headquarters and interrogating the suspect. THREE TOOLS OF INVESTIGATION (3 I’s of Investigation) INFORMATION INTERVIEW AND INTERROGATION INSTRUMENTATION  INFORMATION It is the knowledge of facts which the investigator had gathered from persons or documents, which are pertinent relevant concerning the commission of criminal activities. TWO GENERAL CLASSIFICATIONS OF SOURCES OF INFORMATION: 1. OPEN SOURCES – 99% (OVERT) 2. CLOSE SOURCES – 1% (COVERT) INFORMATION CLASSIFIED AS TO SOURCES: 1. REGULAR SOURCES -records, files from government and non-government agencies, news items. - The bulk of information of this nature is news items. 2. CULTIVATED SOURCES - information furnished by INFORMANTS OR INFORMERS - information gathered upon initiative of the investigator from informants, vendors, taxicab driver, GRO, and others. 3. GRAPEVINE SOURCES - these are information coming from the underworld characters such as prisoners and ex-convicts.  FORMS OF INFORMATION 1. SENSORY FORM– 5 senses 2. WRITTEN FORM – Affidavits 3. PHYSICAL FORM – Physical Evidence  PERSONS AS SOURCES OF INFORMATION INFORMANT NET – It is a controlled group of people who worked through the direction of the agent handler. INFORMANTS (ASSET) – people selected as sources of information, which could be voluntary, or in consideration of a price. INFORMANT Is any person who furnishes the police information relevant to a criminal case about the activities of criminals or syndicates. They provide information to the prober voluntarily without any consideration. INFORMER The person who provides information to the police on a regular basis mainly for purposes of rewards or remuneration. They are either paid regularly or on a case-to-case basis, or none at all  TYPES OF INFORMANTS Anonymous Informant – one who provides information to law enforcement while refusing to identify himself or herself. Rival-Elimination Informant – gives information to eliminate the rival person or gang due to competition or other motives such as revenge. False Informant – reveals information of no consequence or no value. Frightened Informant – motivated by anxiety; he may be one of the lesser gang members who runs to the police when his gang mates are about to be involved in dangerous situation or when the gang he belongs is hot on the police trail. They are considered as the weakest link in the composition of the criminal chain. Self-Aggrandizing Informant – this kind of informant moves around the center of criminals, group or syndicate and delight in surprising the police about bits of information. Mercenary Informant – Sells information. He/she could be one of the members of the syndicate. Double-Crosser Informant – confesses information as an excuse to talk to the police in order to get more information from them more than he gives. Woman Informant – she could be an associate of the syndicate. She uses her body, charm & beauty to obtain more information. Incidental Informant – individuals who furnish information with no intention of repeating his services of furnishing information on continuing basis. Casual Informant – individuals who by social or professional position, possesses or has access to information to the investigation unit, either in response to a specific request or on his own initiative. Automatic Informants – those by virtue of their official positions are expected or obligated to furnish information openly to the investigation unit in normal course of their duty. Recruited Informant – individuals that are selected, trained and utilized as continues and covert sources of information concerning specific counterintelligence targets. Legitimate Informant - operators of legitimate business establishments.  MOTIVES OF INFORMANTS a. Vanity b. Civic-mindedness c. Fear d. Repentance e. Avoidance of punishment f. Competition g. Revenge h. Jealousy i. Remuneration  BASIC TO INFORMANT RECRUITMENT 1. SELECTION – to be able to identify and recruit an informant who has access to many criminals in-group or subversive organization. WIDE ACCESS is probably the single most important feature in consideration of recruiting the potential informant. 2.INVESTIGATION – the investigation of the potential informants that has tentatively identified as a “probable” must be as thorough as possible. It must establish possible existing motives as to this person might assist the police Intel community. Failure to do so will deny this office who must perform the approach and persuasion phase with little more that a guess. If necessary, conduct complete background investigation (CBI) 3. APPROACH – approach must be done in a setting from which might include pleasant surroundings, perhaps a confidential apartment, completely free form any probability of compromise, preferably in an adjacent city or a remote area foreign to the informants living pattern. 4. TESTING – the testing program should begin, of course, with the limited assignment, with a gradual integration into the more important areas. The occasional testing of an informant should continue through the entire affiliation. INTERVIEW AND INTERROGATION A Philosophy of Interview and Interrogation: The RIGHT officer asking the RIGHT questions in the RIGHT manner at the RIGHT time and in the RIGHT place will get the RIGHT answers.  INTERVIEW It is the simple questioning of a person who cooperates with the investigator. These are witnesses who voluntarily give their accounts about the commission of the crime. Is a conversation with a purpose, motivated by a desire to obtain certain information from the person being interviewed as to what was done, seen, felt, heard, tasted, smell or known. This is the questioning of a person believed to possess knowledge that is in official interest to the investigator.  INTERROGATION Is the skillful questioning of a hostile person suspecting of having committed an offense or a person who is reluctant to make a full disclosure of information in his possession which is pertinent to the investigation. Purposes/Objectives of Interrogation a. To obtain valuable facts. b. Eliminate the innocent. c. Identify the guilty party; and d. Obtain confession/admission  INTRUMENTATION Scientific examination of real evidence, application of instruments and methods of physical sciences in detecting crime. It is the sum total of the application of all sciences in investigation known as “Criminalistics”. 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.  THE POLICE SCIENCES INVOLVED The police sciences involved: Polygraphy Police Photography Forensic Medicine Forensic Chemistry-Toxicology Forensic Ballistics Dactyloscopy Questioned Document Examination Odontology Forensic Psychology Forensic Computer Technology  PHASES OF CRIMINAL INVESTIGATION PHASE I IDENTIFY THE SUSPECT PHASE II LOCATE AND APPREHEND THE SUSPECT/S PHASE III GATHER AND PROVIDE EVIDENCE TO ESTABLISH THE GUILT OF THE ACCUSED.  PHASE I: IDENTIFY THE SUSPECT THE FOUR METHODS OF INDENTIFYING THE CRIMINALS 1. BY CONFESSION OR ADMISSION 2. BY ACCOUNTS OR TESTIMONIES OF WITNESSES (EYE WITNESS) 3. BY CIRCUMSTANTIAL EVIDENCE 4. BY ASSOCIATIVE EVIDENCE  CONFESSION AND ADMISSION CONFESSION – It is the direct acknowledgement of guilt arising from the commission of a crime. A statement of the suspect directly acknowledging his guilt. ADMISSION – A self-incriminatory statement by the subject falling short of an acknowledgment of guilt. It is the acknowledgement of fact or circumstance without accepting guilt.  TYPES OF CONFESSION 1. Judicial Confession – made by the suspect/accused in open court. Sec. 2, Rule 129, Rules of Court states that "Judicial Admission is made by the party in the pleadings, or in the course of the trial or other proceedings do not require proof and cannot be contradicted unless previously shown to have been made through palpable mistake." 2. Extra-Judicial Confession – made by the suspect during custodial investigation this must be supported by evidence of “Corpus Delicti”  KINDS OF EXTRA-JUDICIAL CONFESSION VOLUNTARY EXTRA-JUDICIAL CONFESSION - The confession is voluntary when the accused speaks of his free will and accord, without inducement of any kind, with a full and complete knowledge of the nature and the consequence of the confession. RULES TO BE OBSERVED Must be taken preferably in writing and under oath It must be written in the language known and understood by the accused, if not it must be clearly translated It must be freely and voluntary given by the accused Under the New Constitution, it must be taken in the presence of competent and independent counsel chosen by the accused Signed by the confessant or thumb marked  INVOLUNTARY EXTRA-JUDICIAL CONFESSION - Confessions obtained through force, threat, intimidation, duress or anything influencing the voluntary act of the confessor IMPORTANT NOTE: Confessions obtained from the defendant by means of force or intimidation/violence is NULL AND VOID, and cannot be used against him/her in the trial. A confession made under the influence of spiritual advice or exhortation is not admissible. The same through as confession made under the influence of paternal sentiment is not admissible as evidence.  ACCOUNTS OR TESTIMONIES OF WITNESSES (EYE WITNESS) Kinds of Criminals Identified by Witnesses: a. Known Criminals (Fugitive) These are criminals whose pictures are available from police files and records. b. Unknown Criminals (Fugitive) These are criminals whose identification are furnished by eyewitness only. Methods of Identification by witness a. Portrait Parle (Verbal description) - French word of “speaking likeness”, depends on the ability of the witness to observe, describe and compare. b. Rogues Gallery - the use of photographic files, successful if there is an existing photograph of the suspect on police files. c. General Photograph - variety of facial types showing different features of the face is presented to the witness by the investigator. d. Artist/Cartographic sketch- the witness and prober develop a picture of the criminal with the help of skilled cartographer. (Composite Criminal Illustration)  PROCEDURES OF IDENTIFICATION BY EYEWITNESSES: A. PHYSICAL LINE-UP/POLICE LINE-UP Is a means of selecting a suspect mixed with 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.  CIRCUMSTANTIAL EVIDENCE Facts or circumstances from which, either alone or in connection with other facts, the identity of the person can be inferred. What must be inferred to prove identity by circumstantial evidence? Motive – is what induces the criminal to act Intent –is the result or accomplishment of the act Opportunity –is the physical possibility that the suspect could have committed the crime.  ASSOCIATIVE EVIDENCE Physical evidence which may identify the criminal by means of clues, personal properties, or characteristics patterns of procedure deduced from the arrangement of objects at the crime scene. The offender may leave some clues at the scene, such as weapons, tools, garments, fingerprints, foot impressions etc. Crimes of violence may leave evidence of physical struggle.  MODUS OPERANDI Is the method of operation by a specific criminal or criminal syndicate. It is a distinct pattern of how a crime is committed and is established by a series of crimes under one classification. The modus operandi of one criminal is distinct and different from the other. It is a criminal trademark, logo or brand name. INSP. THOMAS BYRNES American founder of criminal “Modus Operandi” (“MO”) IMPORTANCE OF MODUS OPERANDI A. It is one of the most useful means of identifying unknown fugitives. Thus every investigation unit should maintain a modus operandi file. B. For use of Security Education Programs of the citizenry over the radio or television programs or in seminars about safety education.  PHASE II – LOCATE THE SUSPECT SURVEILLANCE Is the secret/discreet/clandestine observation of persons, places, and vehicles for the purpose of obtaining information concerning the identities or activities of the subject. TYPES OF SURVEILLANCE 1. TAILING/SHADOWING 2. CASING/RECONNAISSANCE 3. UNDERCOVER OPERATION/ROPING SURVEILLANT – is the person who maintains the surveillance or performs the observation. SUBJECT – the person or place being watched or surveyed.  CONSIDERATIONS IN SURVEILLANCE PLANNING Pre-Surveillance Conference – a conference held among the team members, the police intelligence unit before surveillance is conducted. Surveillance Plan – a plan established as required according to type of personnel, and the general and specific instructions for surveillance. Area Target Study – refers to the area of operation of surveillance activities. Surveillant – a person who conducts surveillance with includes only observations. Stakeout or Plant – is the observation of places or areas from a fixed point. Tailing or Shadowing – it is the observation of a person’s movement. Undercover Man – it refers to a person trained to observe and penetrate certain organization suspected of illegal activities and later reports the observation and information’s that proper operational action can be made Liason Program – the assignment of trained intelligence personnel to other agencies in order to obtain information of police intelligence value. (Agencies like the press, credit agencies, labor unions, telephone companies) Safehouse – is a place, building, enclosed mobile, or an apartment, where police undercover men meet for debriefing or reporting purposes. Drop – any person in a convenient, secure and unsuspecting place where police undercover men meet his action agent for debriefing or reporting purposes. Convoy – an accomplice or associate of the subject used to avoid or elude surveillant. – a cover supporting the surveillant who can become a convoy whenever surveillant is burned. Contact – any persons whom the subject picks or deals with while he is under observation and identifies the observer. Made – when subject under surveillance becomes aware that he is under observation and identifies the observer. Lost – when the surveillant does not know the whereabouts of his subject or the subject had eluded the surveillance  TAILING OR SHADOWING - Observation of person and movement LOOSE TAIL- this is used when the shadower would like to know the general impression of the subject’s habit and associates ROUGH TAIL- this could be done even without special precaution since the subject is aware that he is being followed. CLOSED TAIL- this is done with so much precaution from loosing the subject where constant observation is necessary.  METHODS OF SHADOWING a. ONE-MAN SHADOW –extremely difficult and should be avoided, if unavoidable keep subject in view at all times. b. TWO-MAN SHADOW – two agents are employed to follow the subject. c. THREE-MAN SURVEILLANCE OR ABC METHOD – reduces the risk of losing the subject, affords greater security agents detection. d. PROGRESSIVE/LEAPFROG METHOD – This is used in attempting to locate the hideout of a subject from a vantage-point without moving after the subject. The following day the shadower/agent takes up a watch from the point at which the subject was last seen. Poor chances of obtaining good results, agents are stations at a fixed point assuming that subject followed the same general route each day. e. COMBINED FOOT-AUTO SURVEILLANCE – employment of surveillants on foot and agents in an automobile.  CASING OR RECONNAISSANCE Is the surveillance of building, place or area to determine its suitability and vulnerability in operations. Casing- police term Reconnaissance-military term  METHOD OF CASING 1.Personal Reconnaissance – the most effective method and will produced the most info since you know just what you’re looking for. 2.Map Reconnaissance – it may not sufficient but it can produce a certain amount of usable information 3.Research - much info can be acquired through research 4.Prior Information – your unit and of the unit will have file report that they may provide you with info 5.Hearsay –info usually gain by the person operating in the area and performing casing job  OBSERVATION AND DESCRIPTION (ODEX) OBSERVATION – a complete and accurate observation by individuals of his surroundings and encompasses the use of all the major sense to register and recognize its operational or intel significance. DESCRIPTION – the actual and factual reporting of one’s observation of the reported sensory experience recounted by another. PSYCHOLOGIST ESTIMATE THAT APPROXIMATELY 85% of our knowledge is gathered through sight 13% through hearing 2% through other three senses  ACCORDING TO INTENSITY AND SENSITIVITY A. Discreet – subject is unaware that he/she is under observation B. Close – subject is aware that he/she is under observation. C. Loose – applied frequently or infrequently. Period of observation may vary on each occasion. ACCORDING TO METHODS A. Stationary – observation of place on a fixed point position. Stakeout Surveillance - is used when you know or suspect that a person is at or will come to a known location when you suspect that stolen goods are to be dropped or when informants have told you that a crime is going to be committed. B. Moving – subject is followed from place to place. C. Technical – uses communication and electronic hardware, gadgets, systems and equipment.  UNDERCOVER OPERATION/ROPING Is a form of investigation in which the investigator assumes a different and unofficial identity in order to obtain information COVER – the means by which an individual group of organization conceals the true nature of its acts and or existence from the observer. COVER STORY – a biographical data through fictional; that will portray personality of the agent he assumed, a scenario to cover up the operation. COVER SUPPORT – an agent assigned in target areas with the primary mission of supporting the cover story.  TYPES OF COVER 1. NATURAL COVER – using actual or true background 2. ARTIFICIAL COVER – using biographical data adopted for the purpose 3. COVER WITH A COVER – justification of existence 4. MULTIPLE COVER – any cover you wish  SELECTING ACTION AGENTS 1. Placement – location of prospective agent with respect to the target 2. Access – it is the capability of a prospective agent to obtain the desired info for the Intel organization or to perform to Intel collection mission in the area. Primary Access – it is the access to the desired info Secondary Access – it is the access to the desired info through a principal source where the latter has the direct access Outside Access – the agent is employed outside the target and merely monitor info from a third person who is monitoring info of the area  CONTROL Authority to direct the agent to carryout task or requirement on behalf of the clandestine organization in an acceptable manner and security TWO CATEGORIES OF CONTROL 1. Positive Control – is characterized by professionalism and rapport like: a. Agent motivation b. Psychological control 2. Negative Control – characterized by threat and it include the following: a. Disciplinary Action – includes verbal reprimand for poor performance or insecure actions withholding certain material rewards, reduction of agents salary or in extreme situation the threat of terminating professional relationship b. Escrow Account – control of an agent by putting his salary in a bank to be withdrawn only after a fulfillment of a condition c. Blackmail  PROCUREMENT Is the aggressive effort to acquire certain specific information that may not be readily available. PROCURING AGENT 1. AGENT IN PLACE – has been recruited by an intelligence service within highly sensitive target 2. DOUBLE AGENT – an enemy agent, who has been captured, turned around and sent back where he came from as an agent of his captors. 3. EXPENDABLE AGENT – an agent through whom false information is leaked in the enemy 4. PENETRATION AGENT – an agent who has reached the enemy gets information and would manage to get back alive 5. AGENT OF INFLUENCE – an agent who uses influence to gain information 6. AGENT PROVOCATION PHASE III - GATHER AND PROVIDE EVIDENCE TO ESTABLISH THE GUILT OF THE ACCUSED Physical Evidence Any object found at the CS Testimonial Evidence Testimony from victim or witness Documentary Evidence Records  PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS 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. ASSOCIATIVE EVIDENCE – these are the pieces of evidence that will link the suspect to the crime scene. Such as fingerprints, foot or shoe impressions are examples. TRACING EVIDENCE – articles which assist the investigator in locating the criminal. Three important factors to be considered before a PHYSICAL EVIDENCE may be introduced to court: 1. The article must be properly identified 2. Continuity or chain of custody must be proved 3. Competency must be proved, that the evidence is MATERIAL AND RELEVANT (Rules on admissibility)  INTELLIGENCE It is the product resulting from the collection, evaluation, analysis, integration and interpretation of all available information which should be known in advance to initiate a particular course of action.  BROAD CATEGORIES OF INTELLIGENCE NATIONAL INTELLIGENCE Knowledge formed from the integration of the intelligence developed by all government departments, which provide the valuable inputs or the formulation of national policy and the promotion and enhancement of national security. DEPARTMENTAL INTELLIGENCE Knowledge required by an agency or department of the government in order to execute its mission. MILITARY INTELLIGENCE It is the intelligence used in the preparation of military policies, plans and programs. POLICE INTELLIGENCE It is the product resulting from the collection, evaluation, analysis, integration, and interpretation of all available information which concerns one or more aspect of the criminal environment which is immediately or potentially significant to police planning.  GENERAL ACTIVITIES IN POLICE INTELLIGENCE 1. Strategic Intelligence – it is an intelligence activity which is primarily long range in nature with little practical immediate operation value. 2. Line Intelligence – it is an intelligence activity that has the immediate nature and value necessary for more effective police planning and operation. 3. National Intelligence - it is the integrated product of intelligence developed by all the governmental branches, departments concerning the broad aspect of national security and policy. It is concerned to more than one department or agency and it is not produced by single entity. It is used to coordinate all the activities of the government in developing and executing integrated and national policies and plans. 4. Counter-Intelligence – phase of intelligence covering the activity devoted in destroying the effectiveness of hostile foreign activities and to the protection of info against espionage, subversion and sabotage. 5. Undercover Work – is an investigative process in which disguises and pretext cover and deception are used to gain the confidence of criminal suspects for the purpose of determining the nature and extent of any criminal activities that maybe contemplating or perpetuating.  FUNCTIONAL CLASSIFICATIONS OF POLICE INTELLIGENCE ▪ Criminal Intelligence(CRIMINT) – essential to the prevention of crimes, investigation, arrest and prosecution of criminal. ▪ Internal Security Intelligence(INSIT) – essential to the maintenance of peace and order. ▪ Public Safety Intelligence(PUSINT) – ensuring the protection of lives and properties.  THE INTELLIGENCE CYCLE The single most important part of intelligence activity is the understanding the intelligence cycle because MISSION, which is the core of the cycle, serves as the foundation of all intelligence operations. Every operative must therefore place into mind the following phases of the cycle:  PHASE 1 - Planning the Collection Effort This phase of the cycle involve the determination of the requirements of intelligence. It is concerned with identifying the so called Priority Intelligence Requirement (PIR) or formerly Essential Element of Information (EEI) - an item of intelligence or information of the characteristics of the area of operations and the enemy, which the commander feels he needs before he can reasonably arrive at a decision.  PHASE 2 - Collection of information This phase of the cycle is concerned with identification of the collecting agency, the formulation of procedures on the manner of collecting the information in conjunction with the plans as achieved in phase one.  PHASE 3 - Processing the Collected Information This phase of the cycle is concerned with the examination and collation of all collected information. Steps in Processing Raw Information 1.Collection – organization of raw data and information into usable form; grouping similar items of information so that they will be readily accessible. 2.Recording – is the reduction of info into writing or some other form of graphical representation and the arranging or this info into writing or some form of graphical representation and the arranging of this into groups of related items. 3. Evaluation – examination of raw information to determine intelligence value, pertinence of the information, reliability of the source and agency, and its credibility or truth of information. Evaluation is the determination of the pertinence of the info to the operation, reliability of the source of or agency and the accuracy of the info. Evaluation determines the following: ▪ Pertinence ▪ Reliability ▪ Credibility  THE EVALUATION GUIDE ACCURACY OF RELIABILITY OF SOURCE OF INFORMATION INFORMATION INFORMATION DRRIOD CPROPODIT CUFNUR 1- CONFIRMED by other A- COMPLETE RELIABLE T- Direct Observation by sources Comdr/Chf of Unit 2- PROBABLY TRUE B- USUALLY RELIABLE U- Report by DPA or Resident Agent 3- POSSIBLY TRUE C- FAIRLY RELIABLE V- Report by PNP/AFP Troops 4- DOUBTFULLY TRUE D- NOT USUALLY W- Interrogation of Captured RELIABLE Enemy 5- IMPROBABLE E- UNRELIABLE X- Observation of gov’t/civilian employee 6- TRUTH can not be F- REALIBILITY cannot be Y/Z- Documentary judged judged  4. Interpretation – it is establishing the meaning and significance of the information. It involves the following activities: ▪ Analysis – shifting and isolating those elements that have significance in light of the mission or national objective. ▪ Integration – combining the elements isolated in analysis and known information to form a logical picture or theory. ▪ Deduction – the formulation of conclusions from the theory developed, tested and considered valid – determination of effort and meaning of the information.  PHASE 4 - Dissemination and Use of Information This phase of the cycle refers to the activities of transferring the processed information to the proper users, most particularly the authority that requires the activity. Processed information can be disseminated through annexes, estimates, briefing, message, reports, overlays, and or summaries.  ASPECTS OF SECURITY 1.Physical Security 2.Personnel Security 3. Document and Information Security 1. PERSONNEL SECURITY – Safeguarding by physical means 2. PESONNEL SECURITY Personnel Security includes all the security measures designed to prevent unsuitable individuals or persons of doubtful loyalty to the government, from gaining access to classified matter or to any security facility, and to prevent appointment, or retention as employees of such individuals, The Security “Chain”: Personnel Security is the “weakest link” in the security “chain”. What is Personnel Security Investigation (PSI)? It is an inquiry into the character, reputation, discretion and loyalty of individual in order to determine a person’s suitability to be given security clearance.  TYPES OF PERSONNEL SECURITY INVESTIGATION (PSI) National Agency Check (NAC) Local Agency Check (LAC) Background Investigation (BI) This is more comprehensive investigation than the NAC or the NAC and LAC. A through and complete investigation of all or some of the circumstances or aspects of a person’s life is conducted. This type of personnel Security Investigation may either be a complete (CBI) or a partial Background Investigation (PBI). 1.Complete Background Investigation – Consist of the investigation of the background of a person, particularly all the circumstances of his personal life. 2.Partial Background Investigation – Consist of the investigation of the background of an individual but limited only to some of the circumstances of his personal life which are deemed pertinent to the investigation. Normally, the request for the investigation will indicate the specific personal circumstances to be covered. This type of BI is also used to further develop questionable information contained in another investigation report. 3. DOCUMENT AND INFORMATION SECURITY CLASSIFICATION OF DOCUMENTS -Memorandum Circular No. 196, dated 07/19/1968 (Security of Classified Matter in government offices.) 1. TOP SECRET – any information and material, the unauthorized disclosure of which would cause exceptionally grave damage to the nation, politically, economically or militarily; 2. SECRET- any information and material, the unauthorized disclosure of which would endanger national security, cause serious injury to the interest or prestige of the nation or any governmental activity. 3. CONFIDENTIAL – any information and materials, the unauthorized disclosure of which would be prejudicial to the interest or prestige of the nation or governmental activity or would cause administrative embarrassment or unwarranted injury. 4. RESTRICTED – any information and material which requires special protection other than those determined to be Confidential, Secret, and Top Secret matters.  CRYPTOGRAPHY It is an art or science of making, devising, inventing, or protecting codes and ciphers. It came from the Greek word “ kryptos” which means secret and “graphos” means writing. Steganography – deals with hidden or secret writing, relies on different ways to hide or disguise. Codes – a set of letters, numbers, symbols and etc., that is used secretly to send messages. Used more for economy than for secrecy. Ciphers – a way of changing a message to keep it secret. Encryption – is the process of translating plain text data into something that appears to be random and meaningless. Decryption – process of converting ciphertext back to plaintext. Plaintext (clear text) – original communication to be scrambled or enciphered. Cryptogram (cipher text) – product of the enciphering process. Cryptanalysis – it refers to the science of breaking codes and ciphers  CRIME SCENE INVESTIGATION Is a comprehensive inquiry of a crime by conducting systematic procedure of various investigative methodologies which involves recovery of physical and testimonial evidence for the purpose of identifying the witnesses, and arrest of perpetrator(s) for prosecution. When does CSI commence? CSI shall technically commence upon the arrival of the FRs and conclude with the lifting of the security cordon and release of the crime scene by the OIC; Scene of the Crime Operation (SOCO) - a unit within the PNP which is responsible in processing significant crime scene which are sensational in nature.  CSI vs. SOCO CSI SOCO Includes identification Only limited to and interview of processing of the crime witnesses evidence Arrest of the suspect Scientific processing of crime scene  PERSONS INVOLVED IN CSI 1. DESK OFFICER 2. FIRST RESPONDER 3. INVESTIGATOR ON CASE 4. CHIEF OF POLICE 5. SCENE OF THE CRIME OPERATION TEAM  CRIME SCENE INVESTIGATION PROPER A. RECEIPT OF BRIEFING AND DESIGNATION OF COMMAND POST Command Post – an area which, is ideally located adjacent to the Crime Scene where the CSI Evidence Custodian stays and receives the pieces of evidence turned over to him for safekeeping by the other evidence collectors. B. INITIATION OF PRELIMINARY SURVEY (TEAM LEADER OF CSI OR SOCO) Makes a general assessment of the scene; Takes a cautious walk- through of the crime scene; Takes down extensive note to document important factors; Establishes the evidence most likely to be encountered; Defines the extent of the search area; Determines the personnel and equipment needed and makes specific assignments; and From his assessments, he develops a general theory of the crime scene. C. PREPARATION OF NARRATIVE REPORT The Team leader uses the systematic approach in making a narrative report. D. CRIME SCENE DOCUMENTATION GOLDEN RULE AT CRIME SCENE INVESTIGATION Never touch, move, or alter any object at the crime scene unless it has been photographed, measured, and sketched from any conceivable angle. MAC RULE Do not: M= Move or Mutilate A=Alter C= Change or Contaminate the crime scene. Crime Scene Documentation 1.PHOTOGRAPHING 2. SKETCHING 3. NOTE-TAKING  CRIME SCENE PHOTOGRAPHY: It is conducted to create an accurate, objective, visual and permanent record of the crime scene before any item is moved or removed as possible physical evidence. It is recommended to take as many photographs as you can be giving emphasis to possible physical evidence. Guidelines for taking photographs of a Crime Scene: Photograph should be taken as soon as possible, before note taking, sketching or a search for evidence begins. It must show the original, uncontaminated condition of the crime scene. Photograph of the crime scene only should be taken without spectators or police personnel It must form an organized sequence and show all relevant location & object. It must be taken from general to specific.  THREE MAJOR TYPES OF PICTORIAL VIEWS 1. General View or Long-Range – photograph of the over- all scene. It will depict the location of the crime. Distance: From the doorway to the room and other corners of the room 2. Mid-Range View – shows the nature of the crime. Distance: 8 or 10 ft. from the victim 3. Close-up View – shows the details of the crime. Distance: 5 ft. or less from the subject/object  CRIME SCENE SKETCH It is the graphic representation of the scene of the crime with complete measurements of the relative distances of relevant object and conditions obtaining therein. ELEMENTS OF SKETCH a. Measurement b. Compass direction c. Essential items d. Scale and proportion e. Legend f. Title GENERAL KINDS OF SKETCH: 1. Rough Sketch It is made by the investigator at the crime scene which is full of important details but without scale of proportion. Basis for the finished sketch It is the first pencil-drawn outline of the scene and the location of objects and evidence within its outline. 2. Finished Sketch Is often drawn by a draftsman to show proper relationships and scales. The finished sketch is more presentable for court room presentations. SPECIFIC KINDS OF SKETCHES: 1. Sketch of Locality/Neighborhood Sketch- give picture of the scene, the crime and its environs, including neighboring buildings, roads, etc. 2. Sketch of the Ground/Floor Plan/Overview- picture of the scene of the crime with its nearest physical surrounding. 3. Sketch in Details – the immediate scene only. 4. Exploded/Cross Projection – gives the clear impression of the scene in cases where blood stains or bullet holes are found.  TYPES OF MEASUREMENT 1. Rectangular Method – this method uses two walls in a room as fixed points, from which distances are measured at right angle to the object. 2. Triangulation Method – an object is located by drawing two straight lines from two fixed points creating a triangle; the object is in an angle formed by the line. This sketching method requires measuring the distance of an object along a straight line from two widely separated fixed reference points. 3. Baseline Method– a sketching method that makes measurements along from a single reference line, called a baseline, which can be established by using a length of string, chalk line, or some other convenient means. 4. Compass Point Method– a sketching method that requires a protractor or some method of measuring angles between two lines. One point is selected as the origin and a line extending from the origin becomes an axis from which the angles can be measured. 5. Cross projection method – a sketching method in which the ceiling appears to open up like a lid of a hinged box, with the four walls opening outward. Measurements are then indicated from a point on the floor to the wall. 6. Azimuth/Polar Coordinates – this method requires two people; one hold each end of a tape measure. This is best suited for large pen areas where there might not be any reference points by using a handheld GPS (Global Positioning System)  METHODS OF SEARCH a. Strip or Line Search Method – the searchers will proceed at the same pace along the path parallel to one side of the rectangle. b. Double Strip or Grid Method – is a combination of the strip search and is useful for large crime scene. c. Spiral or Circular Method – the searchers will follow each other in the path of a spiral, beginning in the outside and spiraling towards the center or vice versa in a clockwise or counter clock-wise direction. d. Quadrant of Zone Method – the area to be searched is divided into four quadrants and each searcher is assigned to one quadrant. e. Wheel, Radial or Spoke Method – is applicable for area which is considered to be approximately circular or oval. The area is then divided into six quadrants in a pie-like fashion. E. NOTES TAKING Note taking must be a constant activity throughout the processing of the crime scene. Notes must include: Detailed written description of the Crime Scene with locations of recovered physical evidence; The time when the physical evidence was discovered; The person who discovered and collected the physical evidence; The time when evidence was packaged and marked; and The disposition of the item when it was collected.  F. COLLECTION OF PHYSICAL EVIDENCE The competence to recognize and properly collect physical evidence is critical to both solving and prosecuting crimes. 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. What are the procedures needed for the care of physical evidence? In order to introduce physical evidence in court, three important factors must be considered: 1. The article must be properly identified 2. Chain of custody must be proved 3. The evidence must be material and relevant  CHAIN OF CUSTODY It is the number of persons who handled and possessed the pieces of evidence the moment they were collected, marked and tagged, up to the time of the final disposition of the case.  G. CONDUCT OF FINAL SURVEY The team leader makes a final review on the crime scene to determine whether or not the processing has been completed. H. 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.  ARREST (RULE 113) Section 1. Definition of arrest. — Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. (1) Section 2. Arrest; how made. — An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. (2a) Section 3. Duty of arresting officer. — It shall be the duty of the officer executing the warrant to arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay. (3a) Section 4. Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reasons therefor. (4a) Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a person: (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 believe 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. In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. (5a) Section 6. Time of making arrest. — An arrest may be made on any day and at any time of the day or night. (6) Section 7. Method of arrest by officer by virtue of warrant. — When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest. The officer 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 practicable. (7a) Section 8. Method of arrest by officer without warrant. — When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. (8a) Section 9. Method of arrest by private person. — When making an arrest, a private person shall inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists before the person making the arrest has opportunity to so inform him, or when the giving of such information will imperil the arrest. (9a) Section 10. Officer may summon assistance. — An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an officer shall assist him in effecting the arrest when he can render such assistance without detriment to himself. (10a) Section 11. Right of officer to break into building or enclosure. — An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose. (11a) Section 12. Right to break out from building or enclosure. — Whenever an officer has entered the building or enclosure in accordance with the preceding section, he may break out therefrom when necessary to liberate himself. (12a) Section 13. Arrest after escape or rescue. — If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines. (13) Section 14. Right of attorney or relative to visit person arrested. — Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in the jail or any other place of custody at any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested can also exercise the same right. (14a)  RULE 126 Search and Seizure Section 1.Search warrant defined. — A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. (1) Section 2. Court where application for search warrant shall be filed. — An application for search warrant shall be filed with the following: a. Any court whose territorial jurisdiction a crime was committed. b. For compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of the commission of the crime is known, or any court within the judicial region where the warrant shall be enforced. However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. Section 3. Personal property to be seized. — A search warrant may be issued for the search and seizure of personal property: (a) Subject of the offense; (b) Stolen or embezzled and other proceeds, or fruits of the offense; or (c) Used or intended to be used as the means of committing an offense. (2a) Section 7. Right to break door or window to effect search. — The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. (6) Section 8. Search of house, room, or premise to be made in presence of two witnesses. — No search of a house, room, or any other premise shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality. (7a) Section 9. Time of making search. — The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night. (8) Section 10. Validity of search warrant. — A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be void. SEARCH AND SEIZURE WHEN VALID WITHOUT A WARRANT WARRANTLESS SEARCH INCIDENTAL TO LAWFUL ARREST This is recognized under Section 12, Rule 126 of the Rules of Court, and by prevailing jurisprudence. In searches incident to a lawful arrest, the arrest must precede the search; generally, the process cannot be reversed. Nevertheless, a search substantially contemporaneous with an arrest can precede the arrest if the police have probable cause to make the arrest at the outset of the search. SEIZURE OF EVIDENCE IN “PLAIN VIEW” Under the plain view doctrine, objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be presented as evidence. The plain view doctrine applies when the following requisites concur: (1) law enforcement officers in search of evidence have a prior justification for an intrusion or are in a position from which they can view a particular area; (2) the discovery of the evidence in plain view is inadvertent; and (3) it is immediately apparent to the officers that the item they observed may be evidence of a crime, a contraband or is otherwise subject to seizure. SEARCH OF A MOVING VEHICLE a warrantless search of a moving vehicle is justified on the ground that it is not practicable to secure a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant is sought. CONSENTED WARRANTLESS SEARCH It is fundamental that to constitute a waiver, it must first appear that (1) the right exists; (2) the person involved had knowledge, either actual or constructive, of the existence of this right; and (3) that person had an actual intention to relinquish the right. CUSTOMS SEARCH It has been traditionally understood that persons exercising police authority under the customs law may effect search and seizure without a search warrant in the enforcement of customs laws. STOP AND FRISK A “stop and frisk” situation, also known as the Terry search, refers to a case in which a police officer approaches a person who is acting suspiciously for the purpose of investigating possible criminal behavior, in line with the general interest of effective crime prevention and detection.  -END- THANK YOU FOR LISTENING FUTURE REGISTERED CRIMINOLOGIST!!!