Criminal Investigation Techniques (PDF)

**PRELIM REVIEWER** **INTERROGATION** is one of the most difficult but most interesting phases of criminal investigation and detection. It is the confrontational battle of wits between the investigator and the suspect. It is a mental combat where the weapon is intelligence and the use of the art....

**PRELIM REVIEWER** **INTERROGATION** is one of the most difficult but most interesting phases of criminal investigation and detection. It is the confrontational battle of wits between the investigator and the suspect. It is a mental combat where the weapon is intelligence and the use of the art. Victory depends upon proper and effective use of the art. **INTERROGATION** defined - is the skillful questioning of a hostile person suspecting of having committed an offense or of a person who is reluctant to make a full disclosure of information in his possession which is pertinent to the investigation. **CUSTODIAL INTERROGATION**  -- it denotes the investigation conducted by the investigator on the suspect who is under his custody.   **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 suspects." **1)Purposes of Interrogation:** a. On the part of the suspect, it is to extract confession or admission. b. On the part of the uncooperative or unwilling witness, it is to extract the information he possesses. **2)Confession Distinguished from Admission** a\. Confession defined -- it is the direct acknowledgement of guilt arising from the commission of a crime. Also defined as an acknowledgment by a suspect that he/she has committed a crime. It includes an acknowledgment of the commission of all the elements of the crime and the person's involvement in the commission. **b. Admission** defined -- it is an acknowledgement of a fact or circumstance without accepting the guilt. Also defined as an acknowledgment by the suspect of certain facts that tend to incriminate him/her with respect to a particular crime, but which are not sufficiently complete to constitute a confession. **3)Kinds of Confessions** **a. Extra-Judicial Confession**  -- those made by the suspect during custodial investigation. **b. Judicial Confession**  -- those made by the accused in an open Court. The plea of guilt during arraignment or any stage of the proceedings where the accused changes his plea of not guilty to guilty. **4)Rights of the Accused During Custodial Investigation** a. Right to remain silent. b. Right to counsel of his own choice and if he has none, the government must provide one for him. c. Right to be informed of the nature of the charges against him and whatever he says maybe used for or against him. These rights could be validly waived in writing and with the assistance of Counsel in order that the ensuing confession be admissible in evidence. The confession must also be inwriting, signed and sworn to by the accused. **The Techniques of Interrogation:** **Emotional Appeal**- this is a technique where the investigator, combining his skills in of an actor and a psychologist, addresses the suspect with an emotional appeal to confess. This is applicable to first time offenders or those who, are of the emotional type of characteristics displayed by nervousness or emotional disturbances. Devotees of areligious may belong to this type.  **Sympathetic Approach** -- the investigator, in his preliminary or probing questions mustdig deep into the past troubles, plight and unfortunate events in the life of the suspect. An offer of help, kindness, friendliness, may win his cooperation. **Friendliness**  -- a friendly approach coupled with posture of sincerity may induce the suspect to confess. **Tricks and Bluffs:** 1\. **The Pretense of Solid Evidence against the Accused** -- the investigator bluffs the suspects that even if he will not confess, there is enough evidence to send him to jail. If he will confess, the investigator will see to it that his prison term will be within the range of probation. 2\. **The Weakest Link** -- among the suspects, there must be a careful selection as to who among them is the weakest link where the interrogation will begin. By tricks and bluffs, this weakest link will be told that his companions had already confessed. That this weakest link had dealt the fatal blow or that he received the lion share of the loot in order to intrigued him. 3. **Drama**-- the weakest link used to fake pain and the agony by ordering him to shout, accompanied by banging a chair on the wall to make it appear that a commotion is going on. The other suspect in separate rooms must hear the DRAMA before telling them that their partner had confessed. 4\. **Feigning Contact with Family Members** -- the suspect could be tricked that the investigator had gone to the residence and the family members had supplied facts against the suspect. The suspect's family will be dragged in to the investigation if the suspect will not confess. - **More Tricks and Bluffs** -- depending upon the imagination of the investigator in each particular situation. 6\. **The Line-up** -- the complainant, witness or victim is requested to point positively thesuspect who is among persons in the police line-up. The witnesses, vcitims or complainant are previously coached about the identity of the suspect. 7\. **Reverse Line-up** -- the suspect is placed among other persons in a line up and he is identified by several complainant and witnesses who will associate the suspect in other several crimes. This will cause the suspect to become desperate and confess only to the case under investigation, to avoid from being charged on false accusations. **Stern Approach** -- the investigator displays a stern personality towards the suspect by using the following method: 1\. **Pretense of Physical Evidence**-- it is the pretense of laboratory or scientific findings pointing to the suspect. 2\. **Jolting** -- in the questioning process, the investigator selects the right moment to shout a pertinent question in an apparent righteous outrage. The suspect's nerves will break to a confession. 3\. **Indifference** -- the presence of the suspect, the investigator will discuss and debate about the string evidence of the case that will result to conviction of maximum penalty. Their aim is to induce the suspect to confess by conditioning his mind that he is finally cornered with no other recourse but to confess. 4\. **Feigning Protection and Consideration** -- the investigator asks series of questions appearing to be formalities with the impression that he knows the answers. That thesequestions are asked as matters of considerations of the rights, protection andadvantage of the suspect. 5\. Opportunity to Lie - the suspect is given all the opportunities to lie. The suspect is questioned about his personal life and family and friends and his knowledge about the commission of the crime. This is repeated many times. 6\. **The Mutt and Jeff or Sweet and Sour Method**-- the first set of investigators must appear to be rough, mean and dangerous. When they had finished the interrogation, the second investigator intervenes by stopping the first set of investigators. By being sympathetic and understanding, he begins his interrogation. If the suspect still refuses to cooperate, then the process is repeated until there is confession. 7\. **Removing the Ethnic or Cultural Barrier**-- If the suspect is an Ilocano, he should be interrogated by an Ilocano investigator and the same with other ethnic or cultural groups. 8\. **Searching for the Soft Spot** -- in every man's heart, there is always that softest spot. That spots maybe the youngest child, the wife, the mother, the brother who acted as his father, the grandparents or the best friend. Once discovered, there must be a face to face meeting with that person and that heart of steel will melt to pieces. **RULE 113** **Arrest** **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: 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: However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. (n) **Section 3.** *Personal property to be seized*. --- A search warrant may be issued for the search and seizure of personal property: **Section 4.** *Requisites for issuing search warrant*. --- A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. (3a) **Section 5.** *Examination of complainant*; *record*. --- The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements, together with the affidavits submitted. (4a) **Section 6.** *Issuance and form of search warrant*. --- If the judge is satisfied of the existence of facts upon which the application is based or that there is probable cause to believe that they exist, he shall issue the warrant, which must be substantially in the form prescribed by these Rules. (5a) **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. (9a) **Section 11.** *Receipt for the property seized*. --- The officer seizing property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property. (10a) **Section 12.** *Delivery of property and inventory thereof to court*;* return and proceedings thereon*. --- (a) The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath. *A violation of this section shall constitute contempt of court.(11a)* **Section 13.** *Search incident to lawful arrest*. --- A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant. (12a) **Section 14.** *Motion to quash a search warrant or to suppress evidence*;* where to file*. --- A motion to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by the court where the action has been instituted. If no criminal action has been instituted, the motion may be filed in and resolved by the court that issued the search warrant. However, if such court failed to resolve the motion and a criminal case is subsequent filed in another court, the motion shall be resolved by the latter court. (n) **Chain of custody** means the duly recorded, authorized movements, and custody of the seized drugs at each state, from the moment of confiscation to the receipt in the forensic laboratory for examination until it is presented to the court.^35^ Under Sec. 21 of R.A. No. 9165: \(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof.^36^ **RA 10973**