ARREST- L.W arrestare- “cause to stop” ;and restare- “stay behind”.

Used as early as 14th century

Search- Anglo-Norman word “searcher”; old French cerchier- “to explore”; LW circare- “go around in circles”

WARRANT OF ARREST-order in writing issued in the name of the People of the Philippines, signed by a judge directed to a peace
officer commanding him to arrest the person designated and take him into custody of the law in order that he may be bound to
answer for commission of an offense.
*10 days executory period, attempts of arrest may be done so long as within the 10 day pd., lifetime validity

ALIAS WARRANT- issued after returning the original warrant of arrest after the lapse of the 10 day executory pd.

SEARCH WARRANT-issued in the name of the Philippines commanding the peace officer to search for personal property and
bring it before the court.
*10 days executor pd., once executed, successful or not, it shall be considered served.
JOHN DOE WARRANT (RICHARD DOE/ JANE DOE) - contains no specific name of person to be arrested but only descriptions
based from the testimonies of the victim/witness. Contains physical description of the accused as well as other factors to be
considered for the identification of the accused (Sadili & Pena, 1998)
ARREST- actual taking of a person into custody by an authority in order that he may bound to answer for the commission of an
offense.
COMPLAINT- a sworn written statement charging a person/ grp. Of persons of an offense that is subscribed by the offended
party such as the victim/s of the offense committed, or any other peace officer charged with the enforcement of the law
violated.
INFORMATION- accusation in writing charging a person of an offense that is subscribed by the prosecutor/fiscal. Substantiated
in oath and includes in the name of the part, the offense committed, facts of the offense and other factors relevant (Curton,
1989)
PROPERTIES SUBJECT TO SEIZURE:
1. Subject of the offense
2. Stolen/embezzled properties
3. Proceeds/fruits of the offense
4. Property used/ intended to be used for the commission of a crime
INSTANCES OF WARRANTLESS ARREST
1. When, in his (peace officer) presence, the person to be arrested has committed, actually committing or is attempting to
commit an offense.
2. When an offense has just been committed and he has probable cause to believe based on personal knowledge or facts
or circumstances that the person to be arrested has committed a crime.
3. When the person to be arrested is an escape. May be arrested even without warrant.
4. CONSENTED ARREST- when the person arrested consented to the arrest, despite of no warrant showed; the person is
willing to be taken into custody. This happens when the rights of the suspect are validly waived.
5. When a person is suffering from a contagious diseases.
6. When the person to be arrested is mentally a challenged and violent.
INSTANCES OF WARRANTLES SEARCHES
1. Consented search- the person submitted himself voluntarily to be searched, it is good as there is a search warrant
because of the consent of the person to be searched. The consent of the person must not have been because of
intimidation, threat of the person making the search. Thus the SC held that in cases of:
In people Vs. Ramos, the SC said that the evidence for the prosecution clearly disclosed that Ramos voluntarily allowed
himself to be frisked and that he gave the gun voluntarily to the police, thus there was a valid waiver.
People vs. Barrios, “silence of the accused” during the warrantless search was not considered as consent.
2. SEARCH IS INCIDENTAL TO A LAWFUL ARREST. Provided that the search is contemporaneous to the arrest and within
the permissible area. A person lawfully arrested may be searched for dangerous weapons or anything, which may be
used as proof of the commission of an offense, without search warrant. The purpose of the search is for protection of
the arresting officer and to discover other evidence. The warrantless search and seizure, as an incident to a lawful arrest,
may extend beyond the person of the one arrested to include the premises/ surroundings under his immediate control.
 3. SEARCH IN VIOLATION OF TARRIF AND CUSTOM LAWS. Involves illegal entry of smuggled goods in our country that may
affect the local businesses. It is usually conducted by the officers and agents of the Bureau of customs.
4. PLAIN VIEW DOCTRINE. Police officers can search and seize articles/ objects which inadvertently come to their view
without exerting any effort and which object is incriminatory to the accused. Based on the decisions of the trial court,
the doctrine includes the 5 senses of an individual to detect violations of law. The doctrine requires that a police officer
in order to validate the confiscation of an object in plain view must have a right to be in that place and whatever objects
become obvious or apparent without obstruction or impairment may be subject to seizure.
5. SEARCH OF MOVING VEHICLES- Check point. It must be done during “abnormal times” when the public welfare is at
stake thus every vehicle that passes the certain checkpoint can be searched without search warrant.
6. INSPECTION OF BUILDINGS FOR FIRE AND SANITARY REGULATIONS- Inspectors of a certain bldg.. For the purpose of
maintaining sanitation, fire and building regulations are required to enter every bldg. as well as every room necessary to
be inspected without arming themselves with a search warrant.

BASIC STEPS IN CRIME SCENE INVESTIGATION

1. RECOGNITION/IDENTIFICATION. 1st step that involves the efforts of identifying data, including physical things that may
provide relevant information regarding the criminal case being investigated.
2. COLLECTION- the act of gathering those identified data or facts or physical things that are significant to the case under
investigation. Collection may be done by scraping the bloodstains found in the crime scene, interviewing the neighbor
who saw the burglary or examination of the drug dealer’s bankbook
3. PRESERVATION –almost simultaneously performed during the collection stage. It includes act of keeping the collected
evidence in their true and original for preventing contamination/ destruction of its substantive value.
4. EVALUATION- process of determining the probative value of the evidence. PROBATIVE VALUE refers to the strength of
the evidence or its worth/weight in successfully establishing a proof that a crime has been committed and that
suspect/accused is the one responsible for it.

FUNDAMENTAL PRINCIPLES OF CRIMINAL INVESTIGATION

A. WHO QUESTIONS: used to inquire on the identity of the victim/ offended party, name of suspect, accomplices,
accessories and witnesses to the crime.
B. WHAT QUESTIONS: to find out what happened or what took place before, during and immediately after the commission
of the offense.
C. WHERE QUESTIONS: questions that localize the place of the incident- the city or town, the district or barangay, the
street or road, the number of the house or building. Necessary in specifically pinpointing the particular location of the
crime scene.
D. WHEN: need to determine and fix the time, day, month and year when the crime was committed. When questions
should be specified and as accurate as possible.
E. WHY: Questions that endeavor to ascertain the motives, causes, antecedents, previous, incidents, related facts,
background occurrences that might help explain the commission of the offense.
F. HOW QUESTIONS: designed to help the investigator determine how the crime was committed, the means/ tools
employed, the crime was discovered and culprit enters the bldg../room. They are very significant in preparing the modus
operandi file/report.

THE GOLDEN RULE IN CRIMINAL INVESTIGATION- TAMT;MMSP

DO NOT TOUCH, ALTER, MOVE OR TRANSFER OBJECT AT THE CRIME SCENE UNLESS IT IS PROPERLY MARKED, MEASURED,
SKETCHED AND OR PHOTOGRAPHED. – to avoid mutilation, alteration and contamination (MAC) of the physical evidences .

THREE I’S OF CRIMINAL INVESTIGATION

1. INFORMATION- knowledge/ facts which the investigator had gathered from persons/documents, which are relevant
concerning the commission of the crime.
SOURCES OF INFORMATION:
A. REGULAR SOURCES- records, files from the government or non-government agencies, news items. The bulk of
application of this nature is news items. Included also is news or TV broadcast, intercepted radio, telephone
messages and stored computer area.
 B. CULTIVATED SOURCES. Information furnished by informants/ informers
C. GRAPEVINE SOURCES. When the information is disclosed by the underworld characters such as prisoners/ ex-
convicts.
2. INTERVIEW AND INTERROGATION. Similar with each other in the sense that they are both ways of obtaining
information from a certain suspect/person that has knowledge on a crime.
INTERVIEW- simple questioning of a person who cooperates with the investigator. In account of the interviewer, the
witnesses voluntarily give their accounts about the commission of a crime.
INTEROGATION- process of obtaining an admission/ confession from those suspects who committed the crime. It is
confrontational in nature, which means that the suspect is confronted about his participation in the commission of an
offense.
SUSPECT- person whose guilt is considered on reasonable ground to be a practical possibility.
WITNESS- person other than the suspect who is requested to give information concerning the incident. He may be a
victim, complainant, an accuser, a source of information, and an observer of the occurrence, a scientific specialist who
has examines physical evidence or a custodian of official document. In its legal meaning- person who is capable of
perceiving and can perceive his idea to others.
3. INSTRUMENTATION (sometimes called CRIMINALISTICS/FORENSIC SCIENCE)- process of applying instruments or tools
of the police sciences in criminal investigation and detection. This is the use of laboratory in the examination of
physical evidence.

CRIME SCENE- said to be the “treasure island “when it comes to criminal investigation because pieces of evidence are mostly
found in the crime scene which are very relevant for the solution of the crime.

CRIME- any act/omission punishable by law forbidding/commanding it.

INITIAL STEPS IN CRIME SCENE PROCESSING

1. TAKING NOTES- the master note taker shall take note of: date, time of approval and weather conditions.
2. CORDON THE CRIME SCENE- includes the use of police line to prohibit the entry of unauthorized persons inside the
crime scene. Rope can also be used in protecting the scene of the crime. Deputizing responsible persons by the
investigators can be done also when necessary to protect the scene.
3. PRELIMINARY SURVEY- team leader will conduct this to ensure safety of team members. Also to determine priority
steps to be done by the responding team.
4. ESTABLISH COMMAND POST- command post shall be established nearby/ adjacent to the scene. It shall serve as
briefing and debriefing area and also where the media can be entertained.
5. CONDUCT BRIEFING- the team leader after the preliminary survey will conduct briefing among the responding team
members.
6. PHOTOGRAPHER(1ST ENTRY)- Takes picture of all pcs of evidence using overall, medium close-up, and extreme close up
without numbers, letters and SOCO case indicator.
7. SEARCHERS- may enter the crime scene to find for pcs of evidence and identifying them with flag let, chalk or other
marking tool/device.
8. PHOTOGRAPHER ENTERS AGAIN- photographer enters the scene again to photograph the identified pcs of evidence.
Now with the numbers, letters and SOCO case indicator.
9. MEASURE- the measurer enters the CS to measure distances of the pcs of evidence.
10. COLLECTION OF EVIDENCE- pcs of evidence shall now be collected, marked(with initials date and time and case if
possible) and preserved with available containers.
11. SUBMIT PCS OF EVIDENCE- Pcs of evidence shall be submitted to the command post for inventory.
12. FINGERPRINT DUSTING- may now be done to suspected areas.
13. FINAL SURVEY- The team leader shall make the final survey of the CS.
14. DEBRIEFING- and proper accounting of the pcs of evidence shall be made.

OTHER STEPS TO BE DONE IN THE CRIME SCENE INVESTIGATION- IDDSSS

1. Identify and retain the person who first notified the police for questioning.

2. Determine the suspect by direct inquiry or observation.

3. Detain all people present at the CS.

4. Safeguard the area by issuing appropriate orders.

5. Separate the witness in order to obtain independent statement.

6. Summon assistance from responsible persons if necessary.

ASSIGNMENT OF DUTIES OF THE RESPONDING OFFICERS

1. TEAM LEADER-Directs the processing of the CS.

2. ASSISTANT TEAM LEADER-Implements or executes the orders coming from his superior.
3. PHOTOGRAPHER-takes photographs of all pieces of evidences pertinent to the crime committed.
4. SKETCHER-Makes sketches of the immediate, background and inside the CS.
5. MASTER NOTE TAKER-Writes down in short hand all observations of the CS such as weather conditions, time of dispatch
and time of arrival at the CS and other relevant data that should be taken down note.
6. EVIDENCE CUSTODIAN-in charge in the collection, presaervation, tagging of the articles of evidence at the CS.
7. MEASURER-Makes all relevant measurements of the scene such as :distance of the body of the victim to the firearm
used; in motor vehicle collision, distances of the two vehicles to the points of references
8. SECURITY PERSONNEL-In charge of guarding logistics of the team.
9. DRIVER

SOME MATERIALS NEEDED IN RESPONDING TO A CRIME

1. SERACHING MATERIALS- flashlight, magnifier

2. SKETCHING MATERIALS- chalk, graphing paper, sketching pad, clipboard, paperboard, pencil/ballpeen etc.
3. MEASURING MATERIALS- compass, tape measure, ruler
4. RECORDING MATERIALS- tape recorder, video recorder
5. COLLECTING MATERIALS- cutting filers, knife, screw device, dropper, forceps, fingerprinting equipment
6. PRESERVING MATERIALS- bottles, envelopes, test tubes, evidence tags/labels

DIFFERENT METHODS OF SEARCHING CS

1. STRIP OR LINE METHOD- the searchers proceed slowly at the same place along the path parallel to one side of the
rectangle. At the end of the rectangle, the searchers turn and proceed back along new lanes but parallel to the 1st
movement.
2. DOUBLE STRIP OFR GRID METHOD- similar to strip method, the rectangle is traversed 1st parallel to the bas and then
parallel to the side.
3. SPIRAL METHOD- two types of method depending on where the searchers will begin the search, either from outside/
center of the scene. The searchers follow each other while searching pcs of evidence from the CS.
4. WHEEL/SPOKE METHOD- applicable to areas which are circular in size/are. The searchers shall assemble at the center of
the CS, then simultaneously searching the CS outward.
5. ZONE/SECTOR/QUADRANT METHOD- the area to be searched is divided into areas and each searcher or a group of
searchers is/are assigned to those areas.

MEANING OF SKETCH & SKETCHING

SKETCH- graphic representation of the scene of the crime with complete measurements of the relative distances of the
items/objects. Includes scales with important dimensions at the scene being shown to a good degree of accuracy.

SKETCHING- process of recording information with respect to its location, position, measurement and orientation and details of
findings in a sketch pad through symbols, arts and figures.

GENEREAL KINDS OF SKETCH

1. ROUGH SKETCH- made by the investigator at the CS which is full of important details but without the scale of proportion.
Used as basis for the finished sketch.
2. FINISHED SKETCH- sketch with a scale proportion and drawn by a draftsman which can be used for court presentation.
PARTS OF SKETCH

1. TITLE- refers to the crime committed/ incident happened

2. BODY- the sketch proper to include the position of the victim and other items in the crime scene. Includes proper
measurement of distances of objects in the CS
3. COMPASS DIRECTION (ORIENTATION)- standard arrow to indicate the north direction. To find the north w/of compass,
determine the east where the sun rises. Facing east, your left side is the north
4. NATURE OF CASE- status of the case whether currently committed or days have passed after of discovery.
5. LOCATION OF INCIDENT- the place where the incident happened
6. DATE/TIME OF INCIDENT-
7. NAME OF VICTIM
8. NAME OF SUSPECT- part of the sketch where the name of the suspect is written
9. LEGEND- placed at the bottom of the sketch outside the sketch of the scene. Numbers represent the objects in the crime
or letters in order not to unnecessarily crowd the graphic presentation. Their descriptions are found in the legend.
10. SIGNATORY- name of the sketcher and team leader or the officer in charge are written and signed.
11. DATE AND TIME- exact time when the sketch was made

SOME ESSENTIAL ELEMENTS OF THE SKETCH

1. MEASUREMENTS- where measurements are shown to show accurate spaces and distances of relevant objects to their
pt. of reference
2. ESSENTIAL ITEMS- all items in the scene must be included. Never decide outright that some items are irrelevant.
3. SCALE OF PROPORTION- element of the finished sketch. It is the essential of the finished sketch to the actual size/
measurements at the scene. Scale of 1:50 means that 1” in the sketch measurement is 50” in the actual scene
measurement.
4. VICTIM AND SUSPECT IDENTIFICATION- includes name of victim. Other identification data may be included if available
such as bday/ b.place
5. TIME AND DATE- exact time of the preparation of the sketch but most importantly the time and date of the occurrence
of the crime should be recorder

SPECIFIC KINDS OF SKETCHES

1. SKETCH OF LOCALITY- DEALS WITH THE VICINITY OF THE IN RELATION TO THE ENVIRONMENT, TO include neighboring
bldgs.,structures or means of access leading to the scene. It is applied in configurations, suspected to be arson,
indicating the origin of the fire and how it spread naturally or unnaturally against the wind.
2. SKETCH OF GROUNDS- illustrates the CS with the nearest physical surroundings
3. SKETCH OF DETAILS- includes the position and exact locations of physical evidence in the CS. IT DESCRIBES THE
IMMIDIATE SCENE ONLY like the room which the crime was committed and details of items in the room
4. CROSS PROJECTION (sometimes called as EXPLODED VIEW/ BIRD’S EYE VIEW) – describes the immediate scene only,
specifically inside a room as the scene of the crime. The room is treated the cardboard box where the side and the cover
collapsed to the same plane as the bottom. Bottom serves as the floor, the 4 sides representing the walls and the cover
representing the ceiling.