Fundamentals of Criminal Investigation and Intelligence PDF

MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 24 General Principles of Criminal MODULE 2 Investigation...

MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 24 General Principles of Criminal MODULE 2 Investigation Lesson 1 Criminal Investigation  Criminal Investigation, is defined as: — Is a legal inquiry caused by a complaint and it is conducted to follow-up, examine, trace, track and search the facts concerning the commission of a crime through patient, step-by-step and meticulous observation (Sadili and Peña 1998). — It involves legal search for people and things that can be used to reconstruct a crime and the mental state of the offender. The objective is to determine the truth as far as the truth can be discovered in any post-factum inquiry. — Is an art which deals with the identity and location of the offender and provides evidence of his guilt through criminal proceedings. Since it is not a science, it is not governed by rigid rules or laws but of intuition, felicity of inspiration, and to a certain extent, by chance. — It involves investigating and collecting all facts associated with a crime to determine the truth: what happened and who is responsible for a criminal incident. — It also involves analysis of investigated and gathered facts about persons, things, places, and subject of a crime to identify the guilty party, locate the whereabouts of the guilty party, and provide admissible evidence to establish the guilt of parties involved in a crime.  Criminal Investigation Based on the PNP Manual: According to the PNP manual, criminal investigation refers to the collection of facts to accomplish the threefold aims: a. To identify the guilty party; b. To locate the guilty party; and c. To provide evidence of his guilt.  Criminal Investigation as a Legal Inquiry: — It covers the identification of the suspect and the circumstances of the crime by careful evaluation of all available pieces of evidence until the perpetrator is brought to the bar of justice, and the innocent relived from any false accusation. (Sadili and Peña, 1998) “It is better to scot free a criminal than to convict an innocent one”  Nature of Criminal Investigation 1. As a Science 2. As an Art 3. As a Process Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 25  Criminal Investigation is a Science — It is a systematic method of inquiry that preliminary apply scientific knowledge, principles, and methodologies to discover, identify, collect, and process facts and evidence to promote justice. However, the use of scientific methods must be supplemented by the investigator's initiative and resourcefulness in finding solutions to cases being investigated. The sequence of investigation must follow a scientific operating framework that requires the investigator's imagination, improvisation, and creativity. — Modern-day criminal investigators often apply scientific knowledge, based on fixed principles. (Rigid ules)  Example of rigid rules: 1. Dactyloscopy (fingerprinting) — It is often used by investigators. What is the underlying principle behind this science that serves as an example of a fixed rule? No two (2) persons have exactly the same fingerprints in their individual characteristics. (PRINCIPLĖ OF INDIVIDUALITY) 2. Forensic Chemistry — Every contact leaves a trace. what is the main theory applied (which is another example of a fixed principle)? (EXCHANGE PRINCIPLE, PRINCIPLE OF CONTACT) Example: In searching physical evidence, including latent fingerprints, item left on the premises by the robbers or tool marks on the doors. Without physical evidence, there is little chance of charging anyone. It is especially important to search for prints (fingerprints/shoe prints) at the scene and to obtain elimination prints of those with normal access to it. (for purposes of process of elimination) a. Criminal Investigators usually apply scientific knowledge, principles, and methodologies in order to discover, identify, collect and process facts/information for purposes of promoting justice. b. However, use of scientific method must be supplemented by initiative and resourcefulness. c. The sequence of investigation must follow a scientific operating framework that requires imagination, innovation, and creativeness of the investigator.  Criminal Investigation as an Art as well as a Science — Because activities performed by investigators are not always governed by fixed rules for scientific purposes. — Criminal investigation is the art of using various techniques to identify and locate perpetrator and then prove their guilt thru criminal proceeding.  Criminal Investigation as an Art — It deals with the identity and location of the offender and then proving his or her guilt in a criminal proceeding. It is considered an art because it is governed by intuition, inspiration, and chance. Some authors say that criminal investigation is more than an art rather than science because it is not governed by rigid rules or principles. If criminal investigation is considered an art, then investigative activities are often governed by three things and these are: intuition, felicity (inspiration), chance (or luck to a minor extent). Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 26 According to Hans Gross, criminal investigation is 95% perspiration, 3% inspiration and 2% luck. Investigators should not only depend on inspiration or luck or else they will fail 95% in their investigation. 100% effort must be exerted because inspiration or luck may never come in his way. (Garcia, 2004)  Criminal investigation is a Process — It involves a systematic process of identifying, collecting, preserving, and evaluating data or raw facts to produce valuavle information for the purpose of bringing a criminal offender to justice. As a process, it is based on a systematic plan. — Since it requires a patient, step-by-step (systematic) and meticulous (careful and thorough) examination of something or somebody in relation to a criminal incident.  Goals of Criminal Investigation Generally, the goals of criminal investigation are based on the following premise: 1. To determine whether a crime has been committed; 2. To legally obtain information or evidence; 3. To identify persons involved in the crime; 4. To arrest suspects; 5. To recover stolen properties; and 6. To present the best possible case to the prosecutor.  The Five Functions of Criminal Investigation 1. Recognition/Identification — It involves identifying data, including physical things, that may provide relevant information on the criminal case being investigated. a. Investigative leads b. Physical evidence c. Other forms of evidence d. The people involved in the case ✓ Suspect/s including the guilty party. ✓ Witness/es especially the eyewitness ✓ Victim/s the offended party 2. Collection — The act of gathering identified data, facts, or physical things that are significant to the case being investigated. 3. Preservation — It includes keeping or preserving the collected evidence in its true and original form to prevent contamination or destruction of its substantive value. 4. Evaluation — The process of determining the probative value of the evidence. — Examination of gathered /collected pieces of evidence. 5. Presentation — The function primarily manifested in the courtroom. — Introduction of pieces of evidence in the prosecution office and then to the court: Present strong evidence then present weak evidence later as corroborative evidence. Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 27  Starting Points of Criminal Investigation 1. State the problem — The problem is focused on identifying, locating, and arresting the perpetrator of the crime. It also includes attempting to recover stolen property using a thorough legal manner to ensure the greatest probability of justice. 2. Form hypotheses — It is the construction of an explanation of an occurrence, which includes: a. The motive which causes a person to act in a certain manner. b. The knowledge by the suspect to commit a crime. c. The means or things used to commit a crime. 3. Observe and experiment — As applied to the given explanation, this process checks for the inaccuracy in the hypothesis. The investigator evaluates the information obtained by applying the theory to various sources. 4. Interpret data — The investigator should be as objective as possible in the interpretation of data and evidence. It is important to verify the accuracy and veracity of the information, For second opinion and verification purposes, the data may be reviewed by another investigator. The officer may conclude, at this point, that the result is true or not. 5. Draw conclusions — In drawing conclusions to the investigation conducted, the following questions should be answered: a. Was the stated problem answered? b. Does the evidence support the hypothesis? c. Was each stage of the investigative method conducted in a totally legal fashion? d. Does data interpretation support a recommendation for prosecution?  Characteristics of Criminal Investigation: a. Criminal Investigations are usually reactive in nature, which means that they proceed with the case immediately after a crime has been committed. b. Criminal investigators generally work using deductive logic. This is done by logical progression through a sequence of events from general to specific. An example would be: collecting evidence from the crime scene, interviewing witnesses, checking suspect's criminal records among others. c. Investigation case files are considered open files. They contain information developed for the purpose of eventually making an arrest and gaining conviction in court. Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 28 Lesson 2 Tools of Investigation/Investigator  The Three Tools of Investigation 1. Information — Information is the greatest tool for use by police investigators in the performance of their duties. Police operatives would have to determine the peace and order situation identify the criminal offenders and subversive elements, locate them, and determine their theater of operations in order to curtail their movements and activities. — Information is data gathered by an investigator from other persons including the victim and from the following: a. Public records; b. Private records; and c. Modus operandi files — Information may consist of organized or unorganized data, which may be positive or negative pieces of facts. Information may come from persons, objects, and places. It is a communicated knowledge obtained through studies, observations, research & analyses. — One who supplies linguistic data in response to interrogation is called an informant or informer (asset). In the intelligence community. The informant or informer is sometimes denominated as an asset. But whether informant or asset, they are both sources of information.  How to Acquire and Secure Information Information is the knowledge which investigator acquire from records and person. The ability to secure information is a major asset of an investigator. This ability is attained and developed in the following ways: 1. By using tact in the performance of duty. 2. By becoming acquainted with many kinds of people 3. By getting and being friendly with other peace officers in the area. 4. By making a habit of jotting down and keeping permanent records of potential and actual offenders and informers as to their aliases, places of residence, handouts, habits, police records etc.  Information may likewise be obtained through: a. Surveillance b. Stake outs c. Undercover operation d. Technical surveillance such as electronic eaves dropping. 2. Interview and Interrogation Interview and interrogation are one and the same creatures in investigation. Both are by oral medium and therefore unwritten. Both are preliminary inquiries that may ripen to written interrogation. Both have a common thrust and purpose to determine whether the witness is credible or incompetent, or whether one is a purveyor of truth or peddler of lies. It serves as a filtering phase to separate the gold from the baser metal. Now it can be said with certitude that an interview is a misnomer. Perhaps, now is the time to correct this distorted enculturation that interview and verbal interrogation Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 29 are two distinct creatures in investigation, when both are the same and inherent pedigree of written interrogation. Well-settled is the rule "that custom and tradition do not make a wrong a ring". Written interrogation is but a salutary effect of verbal interrogation. It would be a fatal error to make a written interrogation without preliminary verbal interrogation. For verbal interrogation, as a tool of the interrogator, is merely laying the predicate before written interrogation. These two are integral parts of what is commonly denominated as interrogation. Any contrary claim is repugnant to logic and reason. Probably the most demanding phase of investigation is the Interview and interrogation. It is also one of the most critical, for the effectiveness of an investigator is largely proportional to his skills in eliciting information from the witness, informants, informers, complainants, victims, and even the suspects. Although circumstantial and physical evidence alone may be sufficient to convict the accused, more often the testimony of a witness is required. If the investigator cannot get all the material facts from these persons at the outset of the investigation, it can mean the difference between solution and frustration. And if he can persuade the suspect to admit his culpability and plead guilty, considerable time and expenses are saved. Interview and Interrogation have to do with questioning people. A friendly or sympathetic questioning is called an interview. If the questioning is hostile, the preferred term is interrogation. Why do we need interview and interrogation? An investigator wants to get the facts, and one of the ways to do this is to question people. A. Interview — refers to simple questioning of a person who cooperates willingly to the investigator. They are usually informants and witnesses. — The method of obtaining information from another person who is aware that he is giving wanted information, although he may be ignorant of the true connection and purpose of the interview. — An interview is the questioning of a person believed to possess knowledge that is of official interest to the investigation. — Interviewing involves talking to people, questioning them, obtaining information, and reading between the lines. — The main sources of information at a crime scene are the complainant, victim, and witnesses. Note: a. Separate the witnesses and obtain a complete account of the incident from each other. b. Ask witnesses not to speak to one another or to compare stories until they have written down in their own words what happened. c. If there are many witnesses, discuss the incident briefly with each other. Then establish a priority for obtaining statements based on the witnesses' availability and the importance of their information. d. In most cases, interview the complainant or the victim first because they can often provide enough information to determine whether a crime has been committed and if so what type of crime. e. If department policy requires it, have the complainant read and initial sign the information you record during the interview. f. Anyone who saw what happened, how it happened, where it happened or who made it happened is interviewed next. Such witnesses may be in state of panic, frustration or anger. In the presence of such emotions, remain calm, and detached, yet show empathy and understanding- a difficult feat. g. After interviewing the witnesses, interview people who can furnish facts about what happened or immediately thereafter, or who have information about the suspect or the victim. h. Many interviews, at least initial ones, are conducted in the field and allow no time for planning. If Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 30 time permits, plan carefully for interview. i. Review reports about the case before questioning people. Learn as much as possible about the person you are going to question before you begin the interview. j. Sometimes there is no time to decide when and where to conduct an interview. k. Arriving at the scene, you may be confronted with a victim or witnesses who immediately begins to supply pertinent information relatively. Recall that these res gestae statements are extremely valuable, therefore, record them all. l. Determine who the victim and witnesses are, and whether the suspect has been apprehended. m.Moreover, witnesses can be separated so they will have no opportunity to compare information. Witnesses are usually best able to recall details immediately after the incident. They are also less likely to embellish or exaggerate their stories because others present can be asked to check the information. n. How an interview is started is extremely important. At this point, the interviewee and the interviewer size each other up. Mistakes in beginning the interview can establish insurmountable barriers. Make your initial contact friendly be professional. o. Begin by identifying yourself and showing your credentials, then ask a general question about the person's knowledge of the crime. p. Rapport is the most critical factor in any interview. Rapport is an understanding between individuals created by genuine interest and concern. It requires empathy.  Empathy means accurately perceiving and responding to another person’s thoughts and feelings. q. People who are approached civilly may volunteer useful information. Most people do not condone criminal behavior: and may assist you in solving the crime you are investigating.  Importance of the Interview Interview in crime investigation is very important as the person interviewed usually gives his account of an incident under investigation or offers information concerning a person being investigated in his own manner and words.  Basic Assumption Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not want to. Therefore, people will have to be persuaded, always within legal and ethical limits, to talk to law enforcers. This makes interviewing an art. GOLDEN RULE IN INTERVIEW: Never allow the interviewer to conduct nor let anyone to conduct an interview without a prior visit to the scene of the crime"  The Person Interviewed Considerations: a. His ability to observe b. His ability to remember c. His ability to narrate d. His mental weakness because of stupidity or infancy e. His moral weakness because of drunkenness, drug addiction, his being a pathological liar or similar Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 31 factors f. Emotional weakness springing from such source as family problems, hatred, revenge, and love.  The Interviewer's Personal Traits a. He must be a practical psychologist who understands human psych and behaviour b. He has a sincere interest in people. People who are reclusive generally are not good interviewers. c. He is calm, has self-discipline, and keeps his temper. d. He is courteous, decent, and sensitive. e. He is self-assured and professional. He is tactful, i.e. he knows what to say and how to say it. f. He is cordial and agreeable, and never officious. But he should avoid over-familiarity. g. He is purposeful, persistent, and patient. Some people just cannot be rushed. h. He is analytical. i. He is flexible and cautious. He is a good actor and conceals his own emotions. j. He avoids third-degree tactics and never deviates the fundamental principle that a person must be treated according to humanitarian and legal precepts. k. He keeps the rules of evidence in mind.  Planning an Interview In planning an interview, the investigator should, as a general rule, select a place which will provide him with a psychological advantage. He should conduct the questioning as sOon as possible after the occurrence. In planning the interview, the interviewer should consider: a. The facts of the case which have been established so far. b. The information needed to complete the picture. c. The sources of information that may be consulted such as files and records. d. The possibility of confronting the suspect with physical evidence e. The time available for the interview. f. The time allowed by law.  Preparation of the Interview Before interviewing a witness, the law enforcer should mentally review the case and consider what information the witness can contribute. If the case requires it, he should acquaint himself with the background of the witness.  Cognitive Interview — this is done by allowing the subject to narrate his account without interruption, intervention, or interference. It is only after the completion of the uninterrupted narration that the investigator begins his direct and cross-examinations (Garcia 2004).  Time, Place, and Surrounding Circumstances a. It is not always possible to fix the time and place of an interview, but sincere memory in short, it is basic that an interview with the witness and suspect(s) should take place as soon as possible after the commission of the crime. b. Interview of arrested persons should be made as soon as possible after the arrest. c. Conduct interviews whenever possible in your own turf, i.e., your office d. Have an interview room where there will be privacy. It should be a plain room but not bleak. There should be few furniture, and no distracting pictures, calendars, or similar items. Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 32 e. Arrange it so that there will be no interruption during the interview. f. Suspects should be interviewed separately and out of sight and earshot of each other. g. If there are two interviewers, let one man be the prime interviewer. h. Arrange chairs so that the window light falls on the interviewee and not on the interviewer. i. The interviewer should adapt his speech to the style best understood by the subject. In dealing with an uneducated subject, the interviewer should use simple words and sentences. j. Straight-back chairs should be used for both the subject and interviewer. Other types of chairs induce slouching or leaning back, and such positions are not conducive to proper interviews. k. The interviewer should remain seated and refrain from pacing about the room.  Opening the Interview a. The interviewer should identify himself and the agency to which he belongs. b. He should try to size up the interviewee and reach a tentative conclusion about his type, then use the best interview approach. c. He should keep in mind the provisions of law regarding the rights of people under custodial investigation.  The Body of the Interview a. The interviewee should be allowed to tell his own story in his own words without interruption. ✓ This allows for continuity and clearness ✓ Range of interview is broadened ✓ It helps the interviewee recall and relate events in the proper order b. Interviewer should keep to the point at issue and should not wander too far from it. c. Interviewer should be alert for hearsay information so he can question the interviewee on the matter later. d. Do not interrupt a trend of ideas by abruptly asking a question.  Questioning a. Dominate the interview. Be careful not to allow the interviewee to be the one asking the questions. b. Do not ramble. Have a reason for every question asked. c. Follow the order of time and bring out the facts in that order. This technique is called "chronological questioning” and is considered the easiest as people tend to think in terms of what happened first, then second, then third. The interviewer should go step by step in learning all the details concerning the planning and commission of the crime and what happened after it was committed. d. Exhaust each topic before moving on to the next. e. Determine the basis for each material statement. f. Keep your questions simple and understandable. Avoid double-edged or forked questions. g. The dangers of leading and misleading questions be borne in mind. ✓ Leading question — A question that suggests to the witness the answer which the interviewer desires is a. ✓ Misleading questions — Questions that assume material facts that have not been proven. h. Wait for the answer to one question before asking a second one. i. Ask important questions in the same tone of voice as the unimportant ones. j. As a rule, avoid trick or bluffing questions. k. Where it is necessary to inquire into the past history of the interviewee involving something unpleasant, Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 33 it is wise to use introductory remarks deploring the need for the question and saying that it is one of the unpleasant but necessary duties of an officer.  Closing a. Before closing the interview, the investigator should make a mental check of the purpose of the interview and should analyze what he has learned, then decide whether he has attained his objective. He should be guided in this respect by the 5 W’s and 1H- what, where, when, who, why and how. b. The interviewer should always leave the door open for a re-interview. B. Interrogation — refers to the vigorous and forceful questioning of a person who is reluctant or unwilling to reveal and divulge information. — It is usually administered to suspects and their relatives and known associates. — It is the rigid and skillful questioning of a person suspected of having committed an offense or of a person who is reluctant to make a full disclosure of information in his possession which pertinent to a crime/incident under investigation.  Purpose of Interrogation: 1. To obtain information concerning the innocence or guilt of a suspect. 2. To obtain a confession to the crime from a guilty suspect. 3. To induce the suspect to make admissions. 4. To know the surrounding circumstances of a crime. 5. To learn of the existence and location of physical evidence such as documents or weapons. 6. To learn the identity of accomplices/accessories. 7. To develop information leading to the fruits of the crime. 8. To develop additional of any other crime in which the suspect participated.  Preliminary Conduct At the outset, the investigator should first introduce himself and state in general the purpose of the investigation. He must advise the suspect of his rights against self-incrimination and inform him that he does not have to answer questions and that, if he does answer, these answers can be used as evidence against him. He must inform the suspect of his right to counsel and that a state-appointed counsel will be made available without cost to him if he so desires. The interrogator may not question the suspect unless the latter has definitely waived his right to be silent. Ordinarily, the investigator should be alone with the suspect and, of course, the latter's lawyer, if he has requested counsel.  The Interrogation Room The room should provide freedom from distractions. It should be designed simply to enhance the concentration of both the interrogator and the subject on the matter under questioning.  Tactical Interrogation — The art of questioning and examining a source to obtain usable information in the shortest possible time. The goal of interrogation is to obtain useful and reliable information in a lawful manner and in a minimum amount of time and meeting the intelligence requirements of any echelon of command, a good interrogator produces needed information that is timely, completely, clear, and accurate. — It involves the interaction of two (2) personalities - the source and the interrogator. Each contact differs to some degree due to the individual characteristics and capabilities of participants, the circumstances of each contact, and the physical environment area variable. Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 34 — Additionally, interview, debriefing, and elicitation are examples of types and forms of interrogation.  Principles of Interrogation 1. Objective Each interrogation must be conducted for a definite purpose. The interrogator must keep this objective in mind as he proceeds to obtain the maximum amount of usable information to satisfy and the requirement thus, contribute to the accomplishment of the mission. He must have the objective as a basis for planning and conducting the session. He should attempt to prevent the source from becoming aware of the true objective of the interrogation. He should not concentrate on the objective to the extent that he overlooks or fails to recognize and exploit other valuable information extracted from the source. 2. Initiative The initiative must rest with the interrogator throughout the entire session. The interrogator has the authority over the source and the latter realizes this fact and in some cases believes that his future might well depend upon his association with the interrogator. The latter knows the purpose of the interrogation and the former does not, though he may assume but he cannot be certain. This gives the interrogator a distinct advantage. Having gained the initial advantage, the interrogator must maintain the initiative by applying appropriate techniques through the exercise of self-control by taking advantage of the source's weakness as they become apparent, and by continuously displaying an attitude of confidence and self-assurance. He must, however, never take advantage of such weaknesses to the extent of threatening, insulting, torturing, or exposing to unpleasant or inhuman treatment the source. It is possible for the interrogator to lose the initiative during interrogation. If this should occur, postponement of the session and reassessment of the situation are advisable. If the interrogation is reassumed, it might be advantageous to introduce different interrogator. Following are examples of lost of initiative: a. The interrogator becomes angry and completely loses composure and self-control due to arrogance of the source. As a result, hę loses sight of the objectives and concentrates his effort on humbling the source. b. The interrogator fails to note significant discrepancies in the source's story and he gains confidence from his success and resorts to further deception, leading to the interrogator away from the objective. c. The interrogator becomes over-friendly with the source and allows him to neglect several significant items that could be obtained, as the interrogator maintains the initiative. 3. Accuracy Interrogator must make every effort to obtain accurate information from the source. He must be certain that he understand the source correctly by repeating questions at varying intervals. However, he is not the final analyst and should not reject or degrade- information just because it conflicts with the previous information. His primary mission is to collect not evaluate information. Conversely, he should not accept all information as the truth; he must view all information with skepticism and to the extent that this capability and time permit should attempt to confirm or deny the information received. He must check his notes against the finished report to ensure that they contain and identify appropriately the information as heard, seen, or assumed by the source. 4. Security The interrogator by virtue of his position possesses much classified information. He must Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 35 be constantly aware that his job is to obtain information, not impart it to the source. The necessity of safeguarding information is an ever-important requirement. He must be alert to detect any attempt to elicit information from him. 5. Prohibition Against the Use of Force The use of force, mental torture, threats, insult, or exposure to the unpleasant and inhumane treatment of any kind is prohibited by law and not authorized or condoned by the PNP. However, the use of force is not to be confused with psychological ploys, verbal trickery, or other non-violent and non-coercive ruses/tricks in the interrogation of hesitant and uncooperative sources.  Interrogator's Personal Qualities 1. Motivation — he should look forward to start the interrogation and must be content that the source will cooperate. He must have the will to do a good job. Such an attitude will be felt by the source and will increase the chances of cooperation. 2. Alertness — he must be aware of the shifting attitude that normally characterizes a source's reaction to interrogation. He must note the source's every gesture, word, and voice inflection. He must attempt to determine why the source is in a certain mood or why his mood suddenly changed. With these, the interrogator can best determine how to proceed with the session. He must watch for any indication that the source is withholding additional information and he must also watch for a tendency to resist further questioning. 3. Patience and Tact — This quality assists in creating and maintaining a favorable atmosphere between him and the source thereby enhancing the success of the interrogation. A display of impatience may cause the source to lose respect for the investigator, thereby reducing his effectiveness. if he displays patience and tact, he will be able to terminate the session and re-institute further interrogation without arousing apprehension and resentment. 4. Credibility — failure to produce material rewards when promised may affect future interrogations, the interrogator must maintain credibility with the source. 5. Objectivity — he must have the ability to maintain a dispassionate mental attitude regardless of emotional reactions he may actually experience or which he may simulate during interrogation. 6. Self-control — he must have an exceptional degree of self-control to avoid displays of genuine anger, irritation, sympathy, or weariness. This quality is important when employing techniques that require the display of simulated emotions or attitudes. 7. Adaptability — he must be able to adapt himself to many varied personalities, which he will, where he can smoothly shift his techniques and approaches. He must be able to adapt to the operational environment since he will, in certain cases be required to function under a variety of unfavorable physical conditions. Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 36 8. Perseverance — a tenacity of purpose will make the difference between a good and superior interrogator. An interrogator who becomes easily discouraged by opposition, non-cooperation, and other difficulties will either aggressively pursue the objective to a successful conclusion or seek leads to other valuable information. 9. Appearance or demeanor — a neat, organized, and professional appearance will favorably influence the source. A firm, deliberate, and businesslike manner of speech and attitude will create a proper environment for the conduct of successful interrogation. If his personal manner reflects fairness, strength, and efficiency, the source may prove cooperative and receptive to questioning.  Interrogator's Special Knowledge 1. Mission, organization, and operations of his establishment and the source's enemy order of battle watch list- strength, composition, disposition, logistics, modus operandi, and other miscellaneous data. 2. Organization of the group enemy 3. Materiel 4. Personalities 5. Area familiarity- social, political, economic, culture, geography, or even history of AOR.  Sources 1. Internees 2. prisoner of war 3. defectors 4. refugees 5. agents 6. suspected agent 7. criminals 8. witnesses 9. and other  Categories Of Source 1. Cooperative and Friendly — offers little resistance and speaks freely on almost any topic broached, other than on that will tend to incriminate or degrade him personally. To secure maximum value for this type of source, the interrogator must take care to establish and preserve a friendly and cooperative atmosphere by not inquiring into the private affairs of the source falling beyond the scope of the interrogation. 2. Neutral and Non-partisan — cooperative to a limited degree, answers questions asked directly, but seldom volunteers information. In some cases, he may be afraid to answer for fear of reprisals. With this kind of, the interrogator may have to ask many specific questions to obtain the information required. 3. Hostile and antagonistic — refuse to talk and offer real challenges to the interrogator. Exercise of self-control, patience tact are particularly important when dealing with him. As a rule, it is considered unprofitable to expand excessive time and effort in interrogating this kind of source. When time is available and the source is an excellent target for explanation, he should be isolated and repeatedly Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 37 interrogated to obtain his cooperation.  Types of Interrogation 1. Direct — The source is aware that he is being interrogated, but may not learn the true objective of the interrogator, likened to a cross-examination in court. — This type is less time-consuming and, thus frequently used. An example is an interview. 2. Indirect — obtaining information through deception extracting usable information from a source without realizing he is under interrogation. This requires careful planning, extreme discretion, and skillful application. — This method is most frequently employed at the higher echelon with selected sources that are thought to possess valuable information.  Interrogation Techniques The following are some of the techniques practiced by experienced investigators: 1. Direct approach — no effort to conceal the purpose of interrogation. 2. File and dossier — the interrogator prepares a dossier containing all available information about the source organization. Careful arrangement of the material within the file may give the illusion that contains voluminous data that is actually there. 3. Futility technique — the interrogator convinces the source of the futility of resistance. Factual information is presented by the interrogator in a persuasive manner. When employing this technique, the interrogator must not only be fortified with factual information, but he should also be aware of, and be able to exploit the source's psychological and moral weaknesses. 4. "We know all" — this technique may be employed in conjunction with the file of the dossier or by itself. The interrogator must first become thoroughly familiar with the available data concerning the source. The interrogator begins the session by asking questions based on these data and when the source refuses to answer, hesitates, or provides an incomplete/incorrect reply, the interrogator provides the detailed answer. Questions that are already known are also asked to test the source and to maintain the deception that all information is already known. 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 may be used by individual interrogators, or simultaneously by two or more interrogators asking a series of questions that the source does not have time to answer a question completely before the next question is asked. Confusing the source and is apt to contradict himself as he has little time to prepare his answers. The interrogator confronts the source with the inconsistencies, causing further contradictions. In many instances the source will begin to talk freely in an attempt to explain his answers, the source is likely to reveal more than he intends, thus creating additional leads for further interrogation. Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 38 6. Incentive technique — this technique is based on the application of direct physical discomfort upon a hostile source but lacks willpower. The source may display a fondness for certain luxury items: e.g. candy, fruit, tobacco, etc. this fondness provides the interrogator with a positive means of rewarding the source for cooperation and truthfulness, as he may give or withhold such items at his discretion. Caution must be used in employing this because, any pressure in this manner must not under any circumstances amount to a denial of basic human needs: and the source might be tempted to provide false information to gain a luxury item he desires or to stop the interrogation. 7. Repetition technique — used to introduce cooperation to a hostile force. In one variation, the interrogator listens carefully and then repeats both the question and the answer several times. He does this with each succeeding question. Until the resource becomes bored that he answers fully and candidly. To satisfy the interrogator and to gain relief from the monotony of this method of questioning. 8. Mutt and Jeff technique — psychological ploy that takes advantage of the natural uncertainty of the source. This technique necessitates the 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 goading or flattering him. This is effective with sources that displayed weaknesses or feelings of inferiority. 10. Silent technique — this is employed against a 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. The source will become nervous, begin to shift around in his chair, cross and re-cross his legs and look away. He may ask questions but the interrogator should not answer until he is ready to break the silence. The interrogator must be patient when employing this technique. It may appear for a while that this is not working, but, usually, it will when given a chance. 11. Change of scene — the idea in using this approach is to get the source away from the atmosphere of an interrogation setting and maybe well effective for those who are apprehensive or frightened types. In some circumstances, the interrogator maybe able to invite the source to a nearby coffeehouse for coffee and pleasant conversation (it must be a setting the investigator can control). During the conversation, the interrogator steers the conversation to the topic of interest. This is somewhat of an indirect or elicitation. 12. Established your identity — The interrogator insists that the source was positively identified and wanted by higher authorities on very serious charges. In an effort to clear this allegation, the source will make a genuine and detailed effort to establish or substantiate his true identity. In so doing, he may provide the interrogator with information and leads for further development. Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 39 13. Emotional technique — through observation, the interrogator identifies the dominant emotions that can motivate the source, like greed, love, revenge, hate, or one of the many other human emotions. 14. Emotional Appeals — Place the subject in the proper frame of mind. The investigator should provide emotional stimuli that will prompt the subject to unburden himself by confiding. Analyze the subject's personality and decide what motivation would prompt him to tell the truth, and then provide those motives through appropriate emotional appeals. 15. Sympathetic Approach — The suspects may feel the need for sympathy or friendship. He is apparently in trouble. Gestures of friendship may win his cooperation. 16. Kindness — The simplest technique is to assume that the suspect will confess if he is treated in a kind and friendly manner. 17. Extenuation — The investigator indicates he does not consider his subject's indiscretion a grave offense. 18. Shifting the Blame — The interrogator makes clear his belief that the subject is obviously not the sort of person who usually gets mixed up in a crime like this. The interrogator could tell from the start that he was not dealing with a fellow who was a criminal by nature and choice. The trouble with the suspect lies in his little weakness - he likes liquor, perhaps, or he is excessively ford of girls, or he has had a bad run of luck in gambling.  Among the most Common Approaches which Derive from Flattery are: 1. The Teacher - Pupil Approach — in this approach, we defer to the opinions of the subject. We treat him as an authority. We request him to enlighten us. We elicit his viewpoints and opinions. We are willing to Paul sitting at the feet of Gamaliel (a Jewish rabbi, doctor of the Law) if he will enlighten us on what we want to know. 2. The Kinder- soul I approach — the person who is to conduct the solicitation is introduced to the subject as a kindred soul. Some area of mutual interest is mentioned during the introduction that sets the two parts. This approach essentially on at least two counts- you have set the subject on a pedestal as having some specialized quality and you flatter him by showing enough concern for his welfare to pay special attention to him and to provide for his enjoyment. 3. The Good-Samaritan approach — sincere and valid officers of help assistance are made to the subject. You may first offer some innocuous service such as the loạn of a car and work around to the offer of a book or, periodical. The very little of which will indicate and point of interest. 4. Partial disagreement Approach — this approach seeks to prod the subject into talking of words; I'm not sure if full 5. Negative approach — this approach seeks to make the subject talk by words: No one here could possibly know. Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 40 6. Provocative approach — this covers a wide range of conversational gambits. This may vary from the outright insulting, from downright boorishness to seemingly innocuous. This approach is designed to include the subject to defend a position, to state a creed, or to attempt to correct a wrong impression. — Some of varieties are: a. The teaser of Bait Approach — The elicitor accumulates a source of knowledge about a particular subject. He inserts into a conversation items that he knows to be true and gives the impression that he knows a lot more than he actually does. The subject may become less reticent if he thinks that you know more than you actually do. One danger to this approach is the same as the danger of leading question questions: the subject may confirm what you have thrown out as bait to give you the impression. b. The man from Missouri Approach — the elicitor adopts an unbelieving attitude about anything and everything. He questions all statements and prepositions. Either alone or through the help of a confederate, a sensitive topic is introduced. The subject maybe induced into answering questions either out of irritation or from a desire to expound the correct view. This approach can often be effectively combined with teacher-pupil method. c. The Joe Blow Approach — I-know-the-answer-to- everything approach is the direct opposite of the man from Missouri. The elicitor adopts the attitude of being an expert of any and all fields. The more important he can act, the better. The subject can often be goaded into indiscretions in a commendable effort to set this straight. d. The National Pride Approach — the natural propensity of all defend their country and its policies (particularly) if that country is dedicated to the proposition that it is never wrong and that it has invented everything maybe used as a pro to cox thesubject into that which he should not be talking about.  Criminal Interrogation Types of offenders and approaches to be used in dealing with them: 1. Emotional offenders — have a greater sense of morality. They easily feel remorse over what they have done. The best approach in interrogating this type of offender is the sympathetic approach. 2. Non-Emotional Offenders — normally do not feel any guilt, so the best way to interrogate them is through the factual analysis approach, that is, by reasoning with the subject and letting him know that his guilt has already been, or will soon be, established.  Interrogation of suspect whose guilt is declined or reasonably certain: 1. Maintain an attitude which shows that you are sure of yourself when you conclude that the subject is indeed guilty. a. Don't be very friendly with the subject and do not offer a handshake. b. At the outset, accuse the subject of lying. If he reacts with your angers, this usually indicates innocence. But if he remains calm, you can generally conclude that your suspicion of guilt is confirmed. Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 41 c. Interruption of questioning by the subject may indicate innocence. Silence is equated with guilt. d. Do not allow the subject to repeatedly deny his guilt. e. Assume that the subject is guilty and proceed to ask why he committed the act, instead of wasting time who did it. f. When interrogating a “big shot", it may be useful to lower his status by addressing him by his first name instead of using a title of respect. g. Remember that one who is trained in criminal interrogation is easier to question than an ordinary criminal since he has less confidence in himself as a liar. 2. The subject should be made aware of the fact that the interrogator knows information indicating his guilt and that the interrogator is not merely "fishing" for evidence. a. Pulsation of the carotid (neck) artery. b. Excessive activity of Adam's apple. c. Avoiding the eyes of the interrogator, swinging one leg over the other, foot-wiggling, wringing of the hand. tapping of fingers, picking fingernails, etc. d. Dryness of the mouth. e. Swearing to the truthfulness of assertions. This is frequently used by guilty subjects to strengthen their assertions of innocence. f. Spotless Past Record - Religious Man", These are asserted to support the statement that the subject knows and realizes the interrogator knows, to be false. g. A "Not t that I remember” or "as far as I know" expression should be treated as a veiled admission or half-truth. 3. Sympathize with the subject by telling him that anyone else under similar conditions or circumstances might have done the same thing. 4. Reduce the subject's guilt feeling by minimizing the moral seriousness of his offense. 5. To secure the initial admission of guilt, the interrogator should suggest possible reasons, motives, or excuses to the subject. 6. Sympathize with the subject by: a. Condemning his victim. During the questioning, the interrogator should develop the notion that the initial blame, or at least some of the blame, for the crime, rests upon the victim. b. Condemning the suspect's accomplice. But the interrogator must be cautious so that his comments are not misinterpreted by the subject as leniency or exculpation from liability c. Condemning anyone else upon whom some degree of moral responsibility might be placed for the commission of the crime. 7. In encouraging the subject to tell the truth, display some understanding and sympathy. a. Show sympathy through a pat on the shoulder (usually reserved for men who are either younger than or of the same age as the interrogator, or emotional offenders), or gripping the subject's hand. Care must be taken with female offenders, who might consider any physical contact with the interrogator as a sexual advance. b. Tell the subject that even if he was your own brother (or any other close relative), you would still advise him to speak the truth. c. Convince the subject to tell the truth for his own moral or mental well-being. d. The "friendly-unfriendly" act. This is much like the Mutt & Jeff system discussed earlier. The only difference is that this act seems more effective if done by asking the interrogator to play Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 42 both roles. 8. Point out the possibility of exaggeration, have the subject situated himself at the scene of the crime or in some sort of contact with the victim or the occurrence. 9. Seek an admission of lying about incidental aspects of the occurrence. By achieving this, the subject loses a great deal of ground, bringing him nearer to the confession stage, because he can always be reminded by the interrogator that he has not been telling the truth. 10. Appeal to the subject's pride by well-selected flattery or by a challenge to his honor. Flattery is especially effective on women subjects. 11. Point out the uselessness of lying. 12. Point out to the subject the grave consequences and futility of a continuation of his criminal behavior. 13. Rather than seek a general admission of guilt, first ask the subject a question regarding some detail of the offense, or inquire as to the reason for its commission. 14. When co-offenders are being interrogated and the previously described techniques have been ineffective, play one against the other. This is effective because when two or more persons have collaborated in the commission of a criminal offense and are later apprehended for questioning, there is usually a constant fear on the part of each participant that one of them will talk", in exchange for some leniency or clemency.  Topical Sequences in Interrogation 1. Source's Duties — normally, the first topic for questioning should be concerned with determining the current duties/ activities being performed by the source. This information will give the interrogator an important clue to the general knowledge the source is likely possessed and will provide the bridge to the next question. 2. Source's mission or MO — clues obtained from this will help the interrogator to determine their activities prior to the information. This will also aid in the determining missions or modus operandi (MO) of his group and other related subgroups or personalities. 3. Immediate area information — the source will be most familiar with the activities, locations, or disposition of members of their groups or of those he infiltrated in. He is best qualified to speak about the activities in which he is personally engaged in or had observed. 4. Supporting information — Everything the source contributes to the overall situation should be reported. This includes location, deployment of members or troops, activities of supporting units, and information regarding capabilities of strength. It also includes names of all members and other persons known to the source. 5. Hearsay information — rumors and hearsay, may provide valuable information, however, they must be labelled as such in the report. 6. Conclusions — as a final step to the interrogation, the interrogator should obtain additional conclusions, statements, observations or evaluations from an especially qualified source. When interrogator receives information he must further obtain the facts upon which the source based his Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 43 conclusion or evaluations.  Termination of Interrogation 1. If the source is sick, elderly, or wounded, the interrogator may be forced to terminate the session or discontinue it until a later time. 2. The amount of information possessed by the source may be great that several sessions will be necessary to obtain all the desired information. 3. The attitude of the source may indicate termination or postponement. He may become bored or refuse to cooperate. 4. All questions were answered and requirements were satisfied. 5. The interrogator loses initiative and decides to postpone the session.  Interrogation of Suspect Whose Guilt is Uncertain 1. Ask the subject if he knows why he is being questioned 2. Ask the subject to relate all he knows about the crime, the victim, and possible suspects. 3. Obtain from the subject detailed information about his activities before, during, and after the occurrence under investigation. This is a good method of testing the validity, of the subject's alibi. 4. Where certain facts suggestive of the subject's guilt are known, ask him about them rather casually and as though the real facts were not already known, to give the subject an opportunity to lie. His answer will furnísh good indication of his possible guilt or innocence, and if he is guilty, his position becomes very vulnerable when confronted with the facts possessed by the interrogator. 5. At various intervals, ask the subject certain pertinent questions in a manner that implies that the correct answers are already known. 6. Refer to some non-existing incriminating evidence to determine whether the subject will attempt to explain it; if he does, that is an indication of guilt. 7. Ask the subject whether he ever thought of committing the offense or one similar to it. If the subject admits he had thought about committing it, this fact is suggestive of his guilt. 8. In theft cases, if the suspect offers to make restitution, that fact is indicative of guilt. 9. Ask the subject whether he is willing to take a lie detector test. The innocent person will almost always immediately agree to take practically any test to prove his innocence. whereas the guilty person is more prone to refuse to take the test to find excuses for not taking it, or for backing out of his commitment to take it.  Safeguard When Questioning a Hostile Witness: A hostile witness or suspect should not be questioned in his own house or in surroundings familiar to him where he feels secure and is more apt to take a defiant attitude. There is also the possibility that recording devices may be hidden on these premises. General suggestion regarding the interrogation of criminal suspects. 1. Interview the victim, the accuser, or the discoverer of the crime before interrogating the suspect. 2. Be patient and persistent. Never conclude an interrogation at a time when you feel discouraged and ready to give up; continue for a little while longer. 3. Make no promises when asked, "What will happen to me if I tell the truth?" A promise of leniency or immunity may induce an innocent man to confess. 4. View with skepticism the so-called conscience-stricken confession. 5. When a subject has made repeated denials of guilt to previous investigators, first question him, whenever circumstances permit, about some other, unrelated offense of a similar nature of which Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 44 he is also considered to be guilty. 6. An unintelligent, uneducated criminal suspect, with law cultural background, should be interrogated on a psychological level comparable to being guilty. Interrogation of witness and other prospective informants: 1. Give the witness or prospective informant an assurance that the offender will not harm him or any member of his family, and that there is a witness protection program specially designed to meet the contingency when it becomes necessary. 2. If such witness or prospective informant refuses to cooperate with the police, try to sever any bond between him and the offender, and proceed to interrogate the witness or informant as if he were the suspect. THE GOLDEN RULE OF INTERROGATION Make him admit something, no matter how small or trivial. Usually, the first admission will lead to another. In securing the first admission is the biggest stumbling block in dealing with tough suspect.  Legal Requirements for Interrogation: 1. Voluntariness, unlike in the interview of a witness, the statement of the person being interrogated must have been made voluntarily and must not be the product of threat, fear, fraud, coercion, and other improper tactics. 2. The voluntariness requirements stemmed from the 1987 Constitution, Art 3, section 12 (Miranda warning, and RA 7438) rights of the accused under Custodial Investigation. 3. Jurisprudence dictates the correct procedures to be followed by police investigators in making arrests and conducting custodial investigations. At the time of the person arrested, it shall be the duty of the arresting officer to: a. Identify himself b. Inform him of the reason for his arrest at it must be show the warrant for his arrest if any and; c. He shall be informed of the constitutional rights  Key Principles on Custodial Investigation (Interrogation) 1. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have a competent and independent counsel preferably of his own choice. If the person cannot afford the services of a counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of a counsel. 2. No torture, force, violence, threat, intimidation or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. 3. Any confession or admission obtained in violation of this or section 17 hereof shall be inadmissible in evidence against him. 4. The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families. (Sec. 12, Art. 3 of Bill of Rights, 1987 Phil. Constitution) Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 45 Note: Although the words *interview" and interrogation" have similar meanings, there are those who prefer to use "interview" when questioning witnesses or informants, and interrogation" when questioning suspects. 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. 3. Instrumentation — refers to the application of methods and applied sciences such as ballistics, dactyloscopy, forensic medicine, forensic chemistry, questioned documents, and photography in the detection of crimes and establishing the link between the suspects and the crime and placing them in the crime scene. — is defined as the scientific examination of real evidence; application of instruments and other scientific aids of methods of physical science in detecting crimes. — This is the application of instruments and methods of physical sciences in the investigation of crimes. It is the application of physics microscopy, photography, chemistry, pathology, and electronics, in crime detection. — It is the sum total of the application of sciences in investigation otherwise, known as criminalistics. Although instrumentation means more than criminalistics because it includes also all the technical methods by which the suspect may be traced and examined.  Criminalistics Criminalistics as a scientific discipline, is now the best legal arsenal for investigators to cushion the impact brought about by article 3, section 12. para l of the Constitution. Criminalistics has now become the alternative recourse of the investigator in establishing the guilt or innocence of the accused. Science has, therefore, provided leverage to the investigator's myriad of legal problems resulting from the stringent provision of law. Thus, the criminalist has emerged as the inseparable partner of the investigator in the dispensation of justice. Both are primarily concerned with finding a conclusive linkage of the suspect to the commission of the crime. Ultimately, both will also render their testimonies in court; the investigator, on the facts of the case, and the criminalist on his laboratory findings.  Role of Criminalist a. The biological examination of the body fluids, such as blood, semen, saliva, urine, perspiration and vomits. b. Physical examination of soil, firearms, documents, fingerprints, footprints, tool marks, and debris from fire or explosion. c. Chemical examination of narcotics and other dangerous drugs, toxic substances, gunpowder residues, tampered motor vehicle number, barrel residue of discharge firearm, fake wines, and other beverages. Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 46 d. Pathological examination of living things such as; humans, animals or plants, tissues, nails, and hairs of dead persons or diseased tissues. e. Electronics and other instrumentation analysis such as; polygraphy, photography, ultraviolet or exposures, spectrography, spectrophotometry, and gas/ liquid chromatography.  Transmittal of Evidence to Crime Laboratory Proper handling of physical evidence is necessary to obtain the maximum possible information upon which scientific examination shall be based and to prevent exclusion as evidence in court. Evidence that truly represents the material found at the crime scene, unaltered, unspoiled, or otherwise unchanged in handling will provide more and better information upon examination. Lega requirements make it necessary to account for all pieces of physical evidence from the time it is collected until it is presented in court. With this in mind, the following principles should be observed in handling all types of evidence: 1. The evidence should reach the laboratory as much as possible in the same condition as when it was found. 2. The quantity of specimens should be adequate. Even with the best equipment available, good results cannot be obtained from insufficient specimens. Submit a known or standard specimen for comparison purposes. 3. Keep each specimen separate from others so there will be no intermingling or mixing of known and unknown materials. Wrap and seal in individual packages when necessary. 4. Mark or label each piece of evidence for positive identification as the evidence taken from a particular location in connection with the crime under investigation. 5. The chain of custody of evidence must be maintained. Account for evidence from the time it is collected until it is produced. Any break in the chain of custody may make the material inadmissible as evidence in court. Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 24 General Principles of Criminal MODULE 2 Investigation Lesson 1 Criminal Investigation  Criminal Investigation, is defined as: — Is a legal inquiry caused by a complaint and it is conducted to follow-up, examine, trace, track and search the facts concerning the commission of a crime through patient, step-by-step and meticulous observation (Sadili and Peña 1998). — It involves legal search for people and things that can be used to reconstruct a crime and the mental state of the offender. The objective is to determine the truth as far as the truth can be discovered in any post-factum inquiry. — Is an art which deals with the identity and location of the offender and provides evidence of his guilt through criminal proceedings. Since it is not a science, it is not governed by rigid rules or laws but of intuition, felicity of inspiration, and to a certain extent, by chance. — It involves investigating and collecting all facts associated with a crime to determine the truth: what happened and who is responsible for a criminal incident. — It also involves analysis of investigated and gathered facts about persons, things, places, and subject of a crime to identify the guilty party, locate the whereabouts of the guilty party, and provide admissible evidence to establish the guilt of parties involved in a crime.  Criminal Investigation Based on the PNP Manual: According to the PNP manual, criminal investigation refers to the collection of facts to accomplish the threefold aims: a. To identify the guilty party; b. To locate the guilty party; and c. To provide evidence of his guilt.  Criminal Investigation as a Legal Inquiry: — It covers the identification of the suspect and the circumstances of the crime by careful evaluation of all available pieces of evidence until the perpetrator is brought to the bar of justice, and the innocent relived from any false accusation. (Sadili and Peña, 1998) “It is better to scot free a criminal than to convict an innocent one”  Nature of Criminal Investigation 1. As a Science 2. As an Art 3. As a Process Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 25  Criminal Investigation is a Science — It is a systematic method of inquiry that preliminary apply scientific knowledge, principles, and methodologies to discover, identify, collect, and process facts and evidence to promote justice. However, the use of scientific methods must be supplemented by the investigator's initiative and resourcefulness in finding solutions to cases being investigated. The sequence of investigation must follow a scientific operating framework that requires the investigator's imagination, improvisation, and creativity. — Modern-day criminal investigators often apply scientific knowledge, based on fixed principles. (Rigid ules)  Example of rigid rules: 1. Dactyloscopy (fingerprinting) — It is often used by investigators. What is the underlying principle behind this science that serves as an example of a fixed rule? No two (2) persons have exactly the same fingerprints in their individual characteristics. (PRINCIPLĖ OF INDIVIDUALITY) 2. Forensic Chemistry — Every contact leaves a trace. what is the main theory applied (which is another example of a fixed principle)? (EXCHANGE PRINCIPLE, PRINCIPLE OF CONTACT) Example: In searching physical evidence, including latent fingerprints, item left on the premises by the robbers or tool marks on the doors. Without physical evidence, there is little chance of charging anyone. It is especially important to search for prints (fingerprints/shoe prints) at the scene and to obtain elimination prints of those with normal access to it. (for purposes of process of elimination) a. Criminal Investigators usually apply scientific knowledge, principles, and methodologies in order to discover, identify, collect and process facts/information for purposes of promoting justice. b. However, use of scientific method must be supplemented by initiative and resourcefulness. c. The sequence of investigation must follow a scientific operating framework that requires imagination, innovation, and creativeness of the investigator.  Criminal Investigation as an Art as well as a Science — Because activities performed by investigators are not always governed by fixed rules for scientific purposes. — Criminal investigation is the art of using various techniques to identify and locate perpetrator and then prove their guilt thru criminal proceeding.  Criminal Investigation as an Art — It deals with the identity and location of the offender and then proving his or her guilt in a criminal proceeding. It is considered an art because it is governed by intuition, inspiration, and chance. Some authors say that criminal investigation is more than an art rather than science because it is not governed by rigid rules or principles. If criminal investigation is considered an art, then investigative activities are often governed by three things and these are: intuition, felicity (inspiration), chance (or luck to a minor extent). Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 26 According to Hans Gross, criminal investigation is 95% perspiration, 3% inspiration and 2% luck. Investigators should not only depend on inspiration or luck or else they will fail 95% in their investigation. 100% effort must be exerted because inspiration or luck may never come in his way. (Garcia, 2004)  Criminal investigation is a Process — It involves a systematic process of identifying, collecting, preserving, and evaluating data or raw facts to produce valuavle information for the purpose of bringing a criminal offender to justice. As a process, it is based on a systematic plan. — Since it requires a patient, step-by-step (systematic) and meticulous (careful and thorough) examination of something or somebody in relation to a criminal incident.  Goals of Criminal Investigation Generally, the goals of criminal investigation are based on the following premise: 1. To determine whether a crime has been committed; 2. To legally obtain information or evidence; 3. To identify persons involved in the crime; 4. To arrest suspects; 5. To recover stolen properties; and 6. To present the best possible case to the prosecutor.  The Five Functions of Criminal Investigation 1. Recognition/Identification — It involves identifying data, including physical things, that may provide relevant information on the criminal case being investigated. a. Investigative leads b. Physical evidence c. Other forms of evidence d. The people involved in the case ✓ Suspect/s including the guilty party. ✓ Witness/es especially the eyewitness ✓ Victim/s the offended party 2. Collection — The act of gathering identified data, facts, or physical things that are significant to the case being investigated. 3. Preservation — It includes keeping or preserving the collected evidence in its true and original form to prevent contamination or destruction of its substantive value. 4. Evaluation — The process of determining the probative value of the evidence. — Examination of gathered /collected pieces of evidence. 5. Presentation — The function primarily manifested in the courtroom. — Introduction of pieces of evidence in the prosecution office and then to the court: Present strong evidence then present weak evidence later as corroborative evidence. Instructional Material in CDINV 1 Fundamentals of Criminal Investigation and Intelligence Compiled by: MRS. MILEOUDA C. FORTOS, MSCrim & MRS. MYSTHY RHOSE Y. FEBRERO, MSCrim MODULE ǀ Fundamentals of Criminal Investigation and Intelligence P a g e | 27  Starting Points of Criminal Investigation 1. State the problem — The problem is focused on identifying, locating, and arresting the perpetrator of the crime. It also includes attempting to recover stolen property using a thorough legal manner to ensure