Professional Documents
Culture Documents
Fundamentals of Criminal Investigation TextBook
Fundamentals of Criminal Investigation TextBook
VARGAS COLLEGE
College of Criminology
Tuguegarao City, Cagayan
FUNDAMENTALS OF
CRIMINAL
INVESTIGATION
THE AUTHOR
The author is a native Ilocano who hails from San Mateo, Isabela. He joined the
Philippine National Police in 2007. With his present rank of Police Officer 3, he is the
Admin PNCO of the Office of the Deputy Regional Director for Operation, PRO2,
Camp Adduru, Tuguegarao City, Cagayan.
INTRODUCTION
Crime is a major concern for many people. Indeed, for some it is the major
concern in their lives. Everyday people are forced to change their lives because they
were a victim of a crime or are fearful of becoming a victim. One means to make life
safer is to remove criminal offenders from the streets and place them in
confinement for some period of time. That is one of the major roles of the
investigators. These individuals used a wide variety of techniques to identify, arrest,
and subsequently assist in the prosecution of offender and to bring them (offender)
to the bar of justice.
Early 19th Century Criminologists saw the need to develop a scientific means
of identifying criminals because the criminological theories are useless unless we
send the right persons to jail or prisons. For instance, the classical theory of
deterrence and positivist theory of rehabilitation cannot be applied to an innocent
person since no amount of punishment or treatment can deter or treat an innocent
person.
Thus, Dr. Hans Gross, Edmund Locard and August Vollmer undertook to
establish the earliest crime laboratory in the world to advance the art and science of
investigation. Interestingly, a series of books published by Sir Arthur Conan Doyle
features a fictional character named Sherlock Holmes as a detective who used crude
scientific methods in investigating crimes long before the world has seen its first
crime laboratories. Contemporary authorities in criminal investigation agree that
this also helped in fast-tracking the evolution of criminal investigation.
Definition of Terms
8. Accused is a person who has been formally charged by the prosecutor with a
crime within the jurisdiction of the tribunal.
9. Serial killer is someone who murders 3 or more people with “cooling off
“periods in between.
10. Crime Scene is venue or place where crime has been committed.
12. Corpus Delicti is a latin word for the body of crime, used to describe the
physical or material evidence that a crime has been committed.
13. Sketch is a rough drawing or painting, often made to assist in making more
finished
20. Motive is a reason or cause why a person or group of persons will perpetrate
a crime.
23. Public records refer to information gathered from records and files of the
Police, other law enforcement agencies, Company records, Public Hospital
records and others.
24. Private records refer to information gathered from cultivated sources such
as paid informants, bartenders, taxi drivers, and vendors and from the internet
such as facebook, and others.
25. Modus Operandi file refers to information gathered from a CCTV camera,
witnesses, and arrested suspect/s, and from Police and other law enforcement
files.
32. Convoy - is the term applied to an associate of the subject who attempts to
detect surveillance
35. Live Drop - person who accepts information or material from an agent and
surrenders it to another
36. Cover - device or stratagem by which the selected investigator conceals his
identity and his relationship with the investigating agency
37. Undercover work - disguises and pretext cover and deception are used to
gain the confidence of criminal suspects
38. Arrest- the taking of a person into custody in order that he may be bound to
answer for the commission of an offense.
41. Warrant of Arrest- 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 arrest a person and bring him before the court.
42. A search warrant- 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.
48. Mala Prohibita/Malum Prohibitum- the act is wrong because there is a law
punishing it.
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page 6
[FUNDAMENTALS OF CRIMINAL INVESTIGATION] FL VARGAS COLLEGE
50. Secondary evidence - that which indicates the existence of a more original
source of information. Weak evidence, like photocopy (xerox).
51. Cumulative evidence - additional evidence of the same kind bearing on the
same point. Testimony repetitive of testimony given earlier.
52. Primary evidence - that which the law regards as affording the greatest
certainty. (also known as best evidence) Showing an original document against a
photocopy.
53. Police Blotter is an 18” x 12” logbook with hard-bound cover that contains
the daily register of all crime incident reports, official summary of arrests, and
other significant events reported in a police station.
54. Entrapment - ways and means are resorted for the purpose of trapping and
capturing the law breaker during the execution of a criminal act.
EARLY CONTRIBUTORS
Edmund Locard
Thomas Byrnes
Alphonse Bertillon
Jonathan Wild
Alan Pinkerton
August Vollmer
INVESTIGATION
The word “investigation” came from the latin word “vestigare”, which
means “to track or to trace”.
Criminal Investigation
involves a step-by-step process, it helps to know the different stages involved in the
development of a full blown criminal investigation, these are:
1. Detection – is the fact of discovery. It is the chance event which triggers the
operation of our criminal justice system. This occurs when a possible crime is
observed by the police or is reported to its attention.
CARDINALS OF INVESTIGATION
Anatomy of Crime
For any crime to happen, there are three elements or ingredients that must
be present at the same time and place. These are the Motive, the Instrumentality and
the Opportunity.
B. Deterrence to Others
C. Community Safety
The term “at large” is not synonymous to “fugitive from justice”, the
former not being a wanted person in the eyes of the law, and therefore cannot be
General Guidelines
a. All arrests should be made only on the basis of a valid Warrant of Arrest issued by
a competent authority, except in instances where the law allows warrantless arrest.
c. As a general rule, arrests can be made on any day of the week and at any time of
the day or night.
Warrant of Arrest
The Warrant of Arrest is the written authority of the arresting officer when making
an arrest or taking of a person into custody in order that he may be bound to answer
for the commission of an offense.
The head of the office to whom the warrant of arrest has been delivered for
implementation shall cause the warrant to be implemented within ten (10) days
from receipt. Within ten (10) days after the expiration of such period, the police
officer to whom it was assigned for implementation shall make a report to the judge
who issued the warrant and in case of his failure to implement the same, shall state
the reasons thereof.
After the arrest of the suspect, the police officer shall immediately inform him the
cause of arrest and apprise him the Miranda Rights:
You are now under arrest/custodial investigation for ______. You have the right to
remain silent and to have a competent and independent counsel of your own choice,
and if you cannot afford the services of the lawyer, one shall be provided for free by the
government. Any statement made by you during investigation may be used for or
against you in any Court of Law of the Philippines. (These rights cannot be waived
except in writing and in the presence of a counsel) Do you understand?
PROCEDURES
1. Verify the validity of the warrant and request for an authenticated copy
from the issuing court ;
2. In serving the warrant, the police officer should introduce himself and
show proper identification;
3. Make a manifestation of authority against the person to be arrested;
4. If refused entry, the police officer may break into any residence, office,
building, and other structure where the person to be arrested is in or is
reasonably believed to be in, after announcing his purpose;
5. The police officer need not have a copy of the warrant in his possession at
the time of the arrest. If the person arrested so requires, the warrant shall
be shown to the arrested person as soon as possible;
6. Secure the person to be arrested and use handcuffs for the protection of
the arresting officer, other individuals or the arrested person himself;
7. Conduct thorough search for weapons and other illegal materials on the
person arrested and surroundings within his immediate control;
8. Inform the person to be arrested of his rights under the law (i.e. Miranda
Warning and Anti-torture Warning);
9. No unnecessary force shall be used in making an arrest;
a. It shall be the duty of the police officer implementing the Warrant of Arrest
to deliver the arrested person without delay to the nearest Police Station or
jail to record the fact of the arrest;
b. At the time of the arrest, it shall be the duty of the arresting officer to inform
the person arrested of the cause of the arrest and the fact that a warrant had
been issued for his arrest. The arresting 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 possible;
c. When women or children are among the arrested suspect/s, the arresting
officer shall task the Women’s and Children’s Protection Desks (WCPD)
officer or a policewoman who is familiar with women and children
protection desk duties to conduct the pat-down search;
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page 18
[FUNDAMENTALS OF CRIMINAL INVESTIGATION] FL VARGAS COLLEGE
h. If the person arrested without a warrant waives his right under the
provisions of Art 125 of the Revised Penal Code, the arresting officer shall
ensure that the former signs a waiver of detention in the presence of his
counsel of choice; and
i. If the person arrested waives his right against self-incrimination and chooses
to give his statement, the arresting officer shall ensure that the waiver is
made in writing and signed by the person arrested in the presence of a
counsel of his own choice or a competent and independent counsel provided
by the government.
Before interrogation, the person arrested shall have the right to be informed
of his right to demand physical examination by an independent and competent
doctor of his own choice. If he cannot afford the services of a doctor of his own
choice, he shall be provided by the State with a competent and independent doctor
to conduct physical examination. If the person arrested is female, she shall be
attended to preferably by a female doctor.
b. Objects that are illegal per se, even if not particularly described in the search
warrant, may be seized under the plain view doctrine.
a. The warrant shall be valid for ten (10) days from date of issuance and may be
served at any day within the said period. Thereafter, it shall be void.
b. If, in the implementation of the search warrant, its object or purpose cannot
be accomplished in one day, the search can be continued the following day,
or days, until completed, provided it is still within the ten (10)- day validity
period of the search warrant.
Time of Search
The warrant should be served during daytime, unless there is a provision in the
warrant allowing service at any time of the day or night.
All applications for Search Warrant shall be approved for filing by the Chief of Office.
The application shall indicate the following data:
All approved applications shall be recorded in a log book, duly maintained for the
purpose, indicating the name of the applicant, name of the respondent, nature of the
offense, and date of the application.
In the conduct of search, if after giving notice of his purpose and authority, the
police officer is refused admittance to the place of search, he may break open any
outer or inner door or window or any part of a house or anything therein to
implement the warrant or liberate himself or any person lawfully aiding him when
unlawfully detained therein.
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page 21
[FUNDAMENTALS OF CRIMINAL INVESTIGATION] FL VARGAS COLLEGE
a. Houses, rooms, or other premises shall not be searched except in the presence of
the lawful occupant thereof or any member of his family or, in the absence of the
latter, in the presence of two (2) witnesses of sufficient age and discretion residing
in the same locality.
b. Lawful personal properties, papers, and other valuables not specifically indicated
or particularly described in the search warrant shall not be taken.
a. The police officer who confiscates property under the warrant shall issue a
detailed receipt of property seized to the lawful occupant of the premises, or
in the absence of such occupant, shall do so in the presence of at least two (2)
witnesses of sufficient age and discretion residing in the same locality;
b. The receipt shall likewise include items seized under the Plain View Doctrine.
c. The police officer must then leave a receipt in the place in which he found the
seized property and a duplicate copy thereof with any barangay official
having jurisdiction over the place searched.
d. The police officer must forthwith deliver the property seized to the judge
who issued the warrant, together with an inventory thereof, duly verified
under oath.
to a lawful arrest may extend beyond the person of the arrested to include the
premises or surroundings under his immediate control.
If the police officers who will conduct the search have reasonable or probable
cause to believe, before the search, that either the motorist is a law offender or they
will find the instrumentality or evidence pertaining to a crime in the vehicle to be
searched, the vehicle may be stopped and subjected to an extensive search.
Any object in the plain view is subject to seizure and may be introduced as evidence.
Requirements under the Plain View Doctrine are:
(1) The police officer must have prior justification for an intrusion or, otherwise,
must be in a position from which he can view a particular area;
(3) It is immediately apparent to the police officer that the item he observes may be
evidence of a crime, contraband, or is a valid subject of seizure.
To constitute a waiver of this constitutional right, it must appear, first, that the right
exists; second, that the person involved had knowledge, either actual or
constructive, of the existence of such right; that said person had an actual intention
to relinquish the right.
The police officer has the right to stop a citizen on the street, interrogate him, and
pat him for weapons whenever he observes unusual conduct which convinces him
that a criminal activity exists.
A search warrant could be validly dispensed with in cases of exigent and emergency
situation, and the police officers have reasonable grounds to believe that a crime is
being committed, and they have no opportunity to apply for a search warrant from
the courts because the latter were closed.
g. Tipped Information
If the police officers have reasonable grounds to believe that the subjects are engaged
in illegal activities, the tipped information is sufficient to provide probable cause to
effect a warrantless search and seizure.
PHASES OF INVESTIGATIONS
The main objective of a police investigator is to gather all facts in order to:
1. Confession, as defined in Section 29, Rule 130, Rules of Court, is: “The
declaration of an accused expressly acknowledging his guilt of the charged, may be
given in evidence against him.”
The handgun used in killing the victim is the best evidence in a case of
homicide or murder. In a case of robbery, the force upon things like forced entry to
the window shown by broken jealousy or the recovered stolen articles found in the
possession of the suspect are the best physical evidence.
C. Phase III - Gather and provide evidence to establish the guilt of the
accused.
In proving the guilt of the accused in court, the fact of the existence of the
crime must be established; the accused must be identified and associated with the
crime scene; competent and credible witnesses must be available; and physical
evidence must be appropriately identified. The investigator must know by heart the
elements of a specific crime.
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page 26
[FUNDAMENTALS OF CRIMINAL INVESTIGATION] FL VARGAS COLLEGE
TOOLS OF AN INVESTIGATOR
1. Public records
2. Private records
3. Modus Operandi file
INFORMATION
A. Persons
B. Places
C. Things
1. Victims – the direct recipients of the crime itself who suffered direct or
indirect loss/injury as a consequence thereof
2. Complainants – persons who informs the police of a crime and demands that
something be done about it.
3. Witnesses – third persons who have personal knowledge of relevant facts
surrounding a crime.
4. Informers/Informants – furnishes information relative to a crime either
voluntarily or for a consideration
5. Suspects – person who is accused as the author of the crime
Types of Informants
Types of Informers
Methods of Surveillance
Foot Surveillance
1. Primary Crime Scene – the place where the crime was committed.
2. Secondary Crime Scene – the place where the crime was continued.
For example: A shot B in Room 69 of Manila Hotel. Afterwards, A placed the body of B
inside the baggage compartment of a blue Toyota Vios and dumped the body in
Smokey Mountain where it was later found.
The Toyota Vios and the Smokey Mountain where the body was found are secondary
crime scenes.
What if instead of dumping B’s body in the Smokey Mountain, A made it appear as if B
committed suicide inside the car and falsified a suicide letter? That is called Pseudo
(False) Crime Scene.
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page 29
[FUNDAMENTALS OF CRIMINAL INVESTIGATION] FL VARGAS COLLEGE
Please take note that all crime scenes must be processed, whether primary,
secondary or pseudo. However, it must be stressed that importance must be given
to locating the primary crime scene.
C. Things – the last but certainly not the least source of information are things.
Things are any tangible objects found at the crime scene or in possession of the
suspect. These are objects of evidentiary value. The investigative classification
of evidence is more technical and is somewhat different from the classification of
evidence under the Rules of Court. Nevertheless, they are related to one
another. Things include the following:
1. Trace evidence – minute evidence found at the crime scene which places the
suspect on scene such as fingerprints, shoe imprints, cigarette butts,
spermatozoa (Criminal Investigation, Hess & Orthman). Trace evidence
may include evidence which indicates the whereabouts and movements of
the suspect, such as hotel guest lists, plane tickets, ATM withdrawals, and the
likes (Swanson, Chamelin & Territo)
2. Associative evidence – evidence found in the suspect which places him at the
crime scene, such as bite marks, tools, & bloodstained shirts. There are also
special types of associative evidence called:
a. Souvenir – part of the crime scene which the suspect intentionally took as a
remembrance, such as the underwear of a rape victim.
b. Trophy – part of the body of the victim which the suspect intentionally took
as a memento, such as the pubic hairs of the rape victim
INTERVIEW
offers information concerning a person being investigated in his own manners and
words.
7. The Questioning
a.) After the witness has told his story without interruption, the
investigator should review with him and request him to amplify certain
points.
b.) The interviewer should dominate the interview. Do not allow the
witness to be asking questions. Do not fumble. You must have reasons for
every question asked.
c.) The interviewer should go step by step in learning all the details
concerning the planning, commission and what happened after the crime was
committed. Do not move to the next topic until after you have exhausted each
of the topic.
d.) Avoid leading or misleading question. Wait for the answer to one
question before asking a second one. Important questions should be in a tone
of voice similar with that of unimportant ones.
As a rule, avoid trick or buffing e.) questions. If it is necessary to inquire into the
past history of the interviewee and touch upon something unpleasant, it is wise to
use introductory remarks.
8. Closing the Interview – The interview should analyze before closing the
interview if what he has learned has attained his objective. The interviewer should
always leave the door open for a re-interview.
A Philosophy of Interview:
1. What?
2. Where?
3. When?
4. Who?
5. Why?
6. How?
Thus, assuming that a homicide was reported and you are the
criminal investigator. On site you must establish the following facts:
If after the above preliminary inquiries you have gathered that the crime
involved death reportedly committed in Basak, Lapu lapu City, on Auguts 1, 2013 at
10:00 PM resulting to the death of one
Mr. Juan dela Cruz who bore a single gunshot wound in the head from a .45 pistol, a
bullet & a spent shell from .45 was recovered from the scene and sent to the
laboratory, at the time of the commission, it initially appears that no one saw the
actual shooting. You must frame your questions from the above KNOWN facts. Your
purpose in interviewing is to reveal UNKNOWN facts –facts that needs to be
developed further. Suppose you came across a tanod who responded to the scene
first, you may ask him the following questions based on the above known facts:
1. You were one of the first tanods who responded to the alarm first? Ans. Yes
2. What’s your name? Ans. Pedro dela Calzada
3. How did you come to know of the killing? Who reported it to you and where do
he lives? Ans. We received a phone call from Mario Ortiz regarding a shooting
incident which he saw happen in front of his house. He lives just across the
street where the body of the victim was found.
4. When you arrived, what was the situation on site? Ans. People were panicking
and pointed towards Marigondon where the suspect fled on board a Yellow
Honda XRM.
5. Did anybody saw the plate number of the motorcycle? Ans. No sir.
6. The victim Mr. Juan dela Cruz, is he known to you? Does he have known
enemies? Ans. Yes sir, I know the victim. He has no known enemy in our
barangay but he had an altercation with a certain Jack Tattoo from
Marigondon because of a woman.
7. Who is this woman? Ans. The girlfriend of the victim sir, her name is Angel
from Tacloban. Based on the following questions as framed by the investigator,
several unknown facts were revealed: first, there was an eyewitness named
Mario Ortiz; secondly, victim had an earlier altercation with a certain Jack
Tatoo from Marigondon because of possible love triangle with Angel from
Tacloban; third, the shooter rode a Yellow Honda XRM motorcycle; fourth, the
suspect fled towards Marigondon; and finally, what if ballistic test shows that
the .45 pistol used belonged to a certain Jack Tattoo? Would you consider this
coincidence important? You now have several leads (information that can
further advance the investigation). You must follow these leads until the
identity of the accused is established beyond reasonable doubt. Otherwise, you
will face a blankwall.
Note: Ideal investigators are naturally inquisitive and suspicious (without showing
it to the subject).As the he becomes more seasoned, framing questions that elicits
the most information from the source becomes almost automatic by experience.
That is why investigation is considered both a SCIENCE and an ART.
Not all police officers are fit for detective or investigative works. A good candidate
for investigative assignment must possess adequate Intellectual, Emotional and
Physical characteristics (Bennet & Hess, Criminal Investigation, 1995 Edition).
The investigator also has the initial responsibility to recommend what offense to
charge. He therefore must have a thorough understanding of the penal laws of the
land. He is also expected to be well-versed on the procedures for filing of complaint,
application for Search Warrant, testimony in court, making of affidavits, etc. In
addition, he must be able to identify the evidentiary value of materials and
information he comes across in the course of his investigation. All of these require
more than an average intellectual capability.
Investigator must try and apply it to their work. They must know the elements of
crime understand and be able to apply investigative techniques and be able to work
with many different types of people. Exceptional intelligence is not a requisite trait
of an effective investigator; objectively common sense is more important.
For instance: A complained that she was raped by B. Human nature naturally feels
sympathy for A, the complainant. But the investigator must not be swayed so easily.
He must be suspicious of the possibility that A is lying and was motivated
by revenge, hatred or spite against B. Thus, a good investigator must have the
diligence and professionalism to independently gather facts. This doctrine is strictly
followed by the NBI.
There are instances where the terrain of the crime scene is physically challenging
such as a ravine or a deep well where the investigator may have to climb up and
down. Most of the time, crime scenes are exposed to the elements, the sun, the rain,
chemicals and even infectious bacteria.
Effective investigators are physically fit and have a good vision and hearing. Good
health and high energy level are beneficial because the hours spent performing
investigative duties can be long and demanding. In addition to being physically fit,
investigators are aided by keen vision and hearing. If uncorrected, color blindness,
and farsightedness may impair investigative effectively. Hearing is especially
important when darkness limit vision. Keen hearing helps estimate the nearness of a
suspect, the movement of people, the direction of gunfire and detonations. In
addition, the investigators may have to listen to words to hear a weak voice from a
seriously wounded or dying person.
QUALIFICATION OF INVESTIGATOR
2. Forceful personality – the interviewer may induce trust and confidence by the
strength of his character.
STAGES OF INTERVIEW
TYPES OF INTERVIEWEES
3. Drunken Type - flattery will encourage the drunk to answer; not advisable to
take written statement.
6. Honest Witness - an ideal witness with little are and guidance needed.
7. Deceitful Witness - he is permitted to lie and record it and inform the witness
of perjury of his lies.
10. Refusal to Talk Witness – most difficult, persevere, neutral topics must be
first taken.
INTERROGATION
1. Interrogation defined:
2. Purpose of Interrogation:
3. Preliminary conduct
a) The interrogator should identify himself at the outset and state in general
the purpose of the investigation.
c) He must inform the suspect of his right to counsel and that state-
appointed counsel will be made available without cost to him if he so desires,
in any event, the interrogator may not question the suspect, unless the
suspect had definitely waived his right to be silent. Ordinarily, the
investigator should be alone with the suspect, and of course, his lawyer, if he
has requested counsel.
f) Muff and Jeff – Two (2) agents are employed. Muff, the relentless
investigator, who knows the subject is guilty and is not going to waste any
time. Jeff, on the other hand, obviously a kind hearted man.
Unlike in interview where the purpose is to reveal unknown facts, the purpose of
interrogation is to confront the suspect with the evidence already obtained from all
sources (PERSONS,PLACES &THINGS) in order to encourage the suspect to confess.
Here, the investigator already has a clear picture of what really happened. All that is
left is to confront the suspect about his findings. Before starting the interrogation,
however, he must remember the requirements of Miranda Rights and other
pertinent laws such as RA (Rights of a Person Arrested, Detained or Under Custodial
Interrogation) and RA 9745 (Anti-torture Act).
Facts of the case: A white woman reported to the Arizona police that she was raped.
The suspect was described by the victim as Mexican. The police rounded up several
suspects who fit the description and one of them was Ernesto Miranda, a truck driver
of Mexican descent who does not speak English and doesn’t know how to read or write
because he did not even finished grade school. When presented in a police-lineup, the
woman “positively identified” Miranda as the culprit.
During extensive interrogation, Miranda was made to sign a paper without the
assistance of counsel which turned out to be a confession written in fluent English. On
the basis of the signed confession, however, he was convicted by the trial court.
Ruling of the US Supreme Court: The conviction is erroneous and violates the Due
Process clause of the American Constitution. Every person accused of a crime has the
right to be informed his right to remain silent; that what he says or do may be used
against him in a court of law; he has the right to counsel, preferably of his own choice;
and if he cannot afford, one will be provided to him for free. An accused who is not
properly apprised of these rights can lawfully contest the validity of any signed
confession or statements, which, by virtue of the coercive pressure exerted by veteran
interrogators, he is too intimidated or powerless to resist.
On March 13, 1966, Ernesto Miranda was arrested for Kidnapping and Rape. At the
trial, the police officers admitted that Miranda was not advised of his rights to silence
and to counsel. The confession of Miranda was admitted into evidence over objection
of the defense counsel. Miranda was found guilty and sentenced from 20 to 30 years
imprisonment.
On appeal, the Supreme Court of Arizona held that Miranda’s constitutional rights
were not violated in obtaining the confession and affirmed the conviction. In reaching
its decision, the Arizona Supreme Court stressed the fact that Miranda had not
specifically requested counsel and therefore the doctrine in the Escobedo did not apply.
Miranda appealed to the U.S. Supreme Court and in a 5 - 4 decision, the Court reversed
the conviction and held that prior to interrogation the person must be informed in
clear and unequivocal terms that he has the right to remain silent and to counsel; that
should he choose to speak, any statement he makes may be used in evidence against
him; and that should he choose counsel, it should be provided him.
Before the adoption of the 1973 Constitution, our Supreme Court rejected the
application of the Escobedo and Miranda Rules in this jurisdiction thru the case People
versus Jose L 28232, February 6, 1971, 37 SCRA 451, which is popularly known as the
Maggie Dela Riva Rape Case. Both the 1973 and 1987 Constitution adding stricter
provisions as cited above.
The 1935 Constitution, Article III (Bill of Rights, Section 1, para. 17, provides: “In all
criminal prosecutions the accused shall x x x enjoy the right to be heard by himself and
counsel xxx”. However, the term criminal prosecution was interpreted by the court, in
U.S. versus Beeechman, 23 Phil 25 (1812) to mean proceedings before the trial court
from arraignment to rendition of judgment.
Consequently, during the custodial investigation the person under investigation does
not have the constitutional right to the services of counsel (Under the 1935
Constitution).
Techniques/Approaches in Interrogation
1. Bad cop/good cop technique – a.k.a. Mutt & Jeff, Hot & Cold. In this
approach, one cop plays tough and intimidating while the other plays soft
and accommodating. The objective of the bad cough is to lead the suspect
to cooperate with the good cop.
1. I am PO1 Devil from Cebu, are you Jack Tattoo? Ans. Yes I am. Why do
you ask?
3. Jack, I have information that on the night of August 1, 2013, you went to
Basak and shot Juan dela Cruz. I also had information that several days
before the shooting, you quarreled with the victim because of Angel
from Tacloban. The victim died from a .45 Cal. Pistol registered in your
name. Witnesses saw the culprit ride a yellow Honda XRM towards your
barangay in Marigondon. I conducted a background check at LTO and
found you owned a yellow Honda XRM motorcycle. If I were you, I would
voluntarily surrender and admit the crime so you can avail of
mitigating circumstances under the law. Even if you hire the best lawyer
you could find, I guarantee you will be convicted.
Interview Interrogation
Friendly and Cooperative Hostile and Confrontational
Purpose is to gather unknown Purpose is to obtain confession
facts and/or verify known facts
Does not require Miranda Miranda Doctrine is required if
Doctrine the subject is the accused. If
subject is hostile witness
(uncooperative), no Miranda
doctrine is required.
Applies to cooperative witnesses Applies to suspects and hostile
witnesses
B. Secure the crime scene - If the scene is not fully protected, ensure its
protection by using other policemen or other responsible persons to keep
witnesses, suspects and victim(s) who are present from disturbing the scene
4. Final report after the case is filed before the Prosecutor’s office or
court; &
5. Accomplishment Report.
a. The arresting officer, or the investigator, as the case may be, shall ensure
that a person arrested, detained or under custodial investigation shall, at all
times, be assisted by counsel, preferably of his own choice;
b. The arresting officer, or the investigator, as the case
may be, must inform the person arrested, detained or under custodial investigation
of the following rights under the Miranda Doctrine in a language or dialect known to
and understood by him:
c. If the person arrested, detained, or under custodial investigation has opted to give
a sworn statement, the arresting officer, or the investigator, as the case may be,
must reduce it in writing.
d. The arresting officer must ensure that, before the sworn statement is signed, or
thumb-marked if there is inability to read and to write, the document shall be read
and adequately explained to the person arrested, detained or under custodial
investigation by his counsel of choice, or by the assisting counsel provided to him, in
the language or dialect known to him;
e. The arresting officer, or the investigator, as the case may be, must ensure that any
extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be:
(1) In writing;
(2) Signed by such person in the presence of his counsel; or
(3) In the latter’s absence, upon a valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal
judge, district school supervisor, priest, imam or religious minister chosen by him.
Failure of the arresting officer, or the investigator, to observe the above mentioned
procedures shall render the extrajudicial confession inadmissible as evidence in any
proceeding;
f. The arresting officer, or the investigator, as the case may be, must, under
established regulations, allow the person arrested, detained, or under custodial
investigation visits by or conferences with any member of his immediate family, any
medical doctor, priest, imam or religious minister chosen by him or by any member
of his immediate family or by his counsel, or by any local Non-Governmental
Organization (NGO) duly accredited by the Commission on Human Rights (CHR) or
by any international NGO duly accredited by the Office of the President. His
“immediate family” shall include his spouse, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece, guardian or ward, and
fiancé or fiancée; and
g. After interrogation, the person under custodial investigation shall have the right
to be informed of his right to demand physical examination by an independent and
competent doctor of his own choice. If he cannot afford the services of a doctor of
his own choice, he shall be provided by the State with a competent and independent
doctor to conduct physical examination. If the person arrested is female, she shall be
attended to preferably by a female doctor.
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page 46
[FUNDAMENTALS OF CRIMINAL INVESTIGATION] FL VARGAS COLLEGE
These are:
1. Legal Medicine;
2. Forensic Chemistry & Toxicology;
3. Personal Identification;
4. Firearms Identification (Forensic Ballistics);
5. Questioned Documents & Handwriting Examinations;
6. Polygraph Examinations; and
7. Police Photography
For example, Forensic Odontology (study of dental or teeth structure) and Forensic
Entomology (study of carrion insects found in a decomposing body)
are just a branch of Legal Medicine. Likewise, Deoxyribonucleic Acid or DNA
examinations are part of Legal Medicine, Forensic Chemistry & Personal
Identification
CSI EFFECT
If all pieces of evidence are properly collected, handled and preserved then the
conduct of forensic examination will provide the much needed information that may
lead to the identification of the suspect/s in a criminal case.
Proper processing of evidence at the crime scene would lead to the conviction of the
perpetrator of the crime.
Preparation of Narrative
Description Blood stain
Hair strands
Rape Fiber
Pubic hair
Body Fluids/
Evaluation of Physical spermatozoa
Evidence Possibilities
Empty container
Crime Scene Search Ashes/debris
Arson Cloth sealed
w/ flammable
substance
in flammable
Flammable liquid
Collection of Physical Evidence substance
Preparation
3 Methods
1. Rough Sketch
2. Finished Sketch
Tree
Crime scene operatives must first conduct a thorough walk-through around the
outermost boundaries of the crime scene. He must make an initial determination of
the entry point, exit point and contact points, determine the size of the scene and
extent of evidence distribution, and plan the appropriate search pattern to use for
that particular crime scene.
Entry point is that part of the scene where the suspect gained access inside a room,
house or abuilding. Exit point, on the other hand, refers to that part of the scene
where he left, took flight or escaped. Contact points are those part of the crime scene
where the suspects’ body, clothing’s or tools have disturbed, touched, made contact
with, or stepped into. Contact points may contain the suspects DNA, fingerprints,
shoeprints, etc.
The investigator must be cautious in approaching crimes scene for the following
reasons:
1. Unidentified suspects who may be armed and dangerous may still be lurking
around and could present a serious threat or harm to policemen and bystanders;
2. Families of the victim whose emotions remain high may view the investigators
with contempt and hostility which could possibly result to violence and altercations;
3. Evidence found at the crime scene may be fragile and susceptible to destruction
or cross-contamination before they can be properly identified, photographed,
packed and recorded, resulting to needless destruction of vital evidence;
4. Crime scenes may contain chemicals, viruses, or bacterial pathogens that may be
harmful to humans, thus investigators must have access to protective clothings,
surgical masks, gloves, CBRN suits (or CBN) refers to chemical, biological,
radiological and nuclear , and the likes;
5. Un-exploded bombs or ordnance may be found in the crime scene which may be
triggered when inadvertently disturbed;
1. The crime committed and the type of evidence that can be found (explosives,
flammables, biohazards, or susceptible to rapid deterioration)
2. The nature of the terrain (is it indoor or outdoor? Is it plain field or
mountainous? Is it bare or thick with vegetation? Etc.)
3. The size of the area to be searched.
4. The number of personnel available.
5. The tools and equipment’s of the search teams
6. The weather conditions
Note: No two crime scenes are alike. Each crime scene is unique, thus different
crime scenes demands different search plans to be employed according to
the circumstances of each location
However, the basic search pattern’s remains the same. As the investigator becomes
seasoned by experience, selecting the most appropriate search pattern becomes
almost automatic by mere INTUITION or GUT-FEEL (kutob). That is another reason
why investigation is considered both a SCIENCE and an ART.
1. Photography
2. Video and voice recording (First allowed in the United States and other
foreign countries. With the advent of CCTV cameras, Philippine courts now
allow the introduction of videos as evidence. The voice recording mentioned
here refers to the voice recording made by the investigator in order to aid his
memory, in case writing is not possible)
3. Crime scene sketch showing the location of important items and
measurements of distance4.
Evidence log
Photographing the crime scene requires shots to be taken from the following
distances:
Sketches must describe the general floor plan of the room or the layout of the field, if
outdoor. The position of items found in the crime scene must be shown as
accurately as possible. Each evidence must be identified by letters “A to Z” and
described in a LEGEND appearing below the sketch. The bearings must also appear
on the sketch, indicating where is North, South, East or
West. The sketch must also contain measurements. Measurements may be made by:
Lastly, the sketch must bear the identity of itsmaker and signed by him. Otherwise, it
is considered hearsay.
d. Elevation sketch
ELEVATION SKETCH
(South Side Wall)
Type of Measurements
a. Triangulation Method
45
e. Grid Method
Notes taking
1. Team Leader
2. Crime Photographer
3. Crime Scene Sketcher
4. Recorder
5. Evidence Collector
6. Evidence Custodian
7. Medico-legal Officer
8. Fingerprint Examiner/Technician
1. Strip Search Method - the three (3) Searchers A, B, and C, proceed slowly at the
same pace along paths parallel to one side of the rectangle.
2. Double Strip Search Method- the double strip or grid method of search is a
modification of the Strip Search Method. The rectangle is traversed first parallel to
the base then parallel to a side.
3. Spiral Search Method -the three searchers follow each other along the path of a
spiral, beginning on the outside and spiraling in toward the center.
b. Strip method
d. Spiral method
e. Wheel method
e. Inventory of evidence.
• The team leader will effect the arrest of the suspect/s if he is still at
the crime scene
• Inform superior office or duty officer and request for reinforcement
• Negotiate for the suspect/s to surrender
• Upon arrest the suspect/s will be secured and separated from other
witnesses
• The team leader upon arrival at the crime scene will received briefing
from the first responder regarding the incident
• The team Leader shall immediately establish a command post ideally
located adjacent to the crime scene where the evidence custodian
stays and receives pieces of evidence turned over to him
• Initiation of preliminary survey, documentation of the crime scene
(photographs or use of video camera, crime scene sketches) and
conduct of final survey.
• Detailed search should be done in the proper collection of physical
evidences. Other evidence collector shall put their initial, location and
date of collection of the item and turn it over to the evidence
custodian for documentation and safekeeping
• In cases where the evidence encountered needs special processing
due to significant or sensational cases, the Scene of the Crime
SOCO FUNCTIONS
TEAM STRUCTURE
The team leader is responsible for the over function of the evidence team. The
team leader should assist in coordinating the other members of the team and
their job functions. Jobs may be delegated or changes, so long as the job is
completed properly and the appropriate people are notified.
Team Leader
The photographs allow a visual permanent record of the crime scene and items
of evidence collected from the crime scene. There are three positions or views that
the crime scene investigator needs to achieve with the photographs. Those views
consist of overall scene photographs showing the most view possible of the scene,
mid-range photographs showing the relationships of items and a close up of the
item of evidence.
A close up should be taken of items that have serial numbers, tags and vin's. All
stationary evidence where the photograph will be used to assist in the analytical
process should be taken using a tripod with the proper lighting techniques for
creating any needed shadows. A second photograph adding a measuring devise
should be taken of items where the photo will assist in the analytical process.
Sketch Preparer
Sketches are used along with the reports and photographs to document the
scene. A crime scene sketch is simply a drawing that accurately shows the
appearance of a crime scene.
The sketch is simply drawn to show items, the position and relationship of
items. It does not have to be an architectural drawing made to a scale, however
it must include exact measurements where needed. The advantage of a sketch is
that it can cover a large area and be drawn to leave Diagram immediate area of
scene and orient diagram with sketch.
After the evidence has been photographed and sketched, the evidence should be
collected. The number cards used on individual items of evidence should
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page 68
[FUNDAMENTALS OF CRIMINAL INVESTIGATION] FL VARGAS COLLEGE
Driver/Security
1. Coordinate with the supply PNCO to ensure that the vehicle is properly
maintained
2. Provide physical security to the SOCO elements and equipments
Evidence Processor/Collector
Forensic Specialists
Forensic Specialists refer to the PNP Crime Lab personnel who by academic
preparation, series of specialized trainings, and/or occupational exposure had
acquired the required technical expertise in any of the following PNP Crime
Laboratory’s core competencies:
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page 69
[FUNDAMENTALS OF CRIMINAL INVESTIGATION] FL VARGAS COLLEGE
SOCO PROCEDURES:
2. Release the scene with the notion that there is only one chance to
perform the job correctly and completely.
3. Release is accomplished only after completion of the final survey
and proper documentation
Final Survey:
The final survey is a review of all aspects of the search.
Discuss the search with all personnel.
Ensure all documentation is correct and complete. Photograph the scene
showing the final condition. Ensure all evidence is secured.
Ensure all equipment is retrieved.
Ensure hiding places or difficult access areas have not been overlooked.
Release
Bibliography
Books
SOCO Manual.
Internet
https://www.scribd.com/doc/79803758/Fundamentals-of-Criminal-
Investigation
https://www.scribd.com/doc/170878326/Fundamentals-of-Criminal-
Investigation-pdf