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Warrant of Arrest

An order in writing issued to an 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 the commission of an offense.
Warrant Officer is any authorized member from the law enforcement agency usually from the Philippine National
Police (PNP) or National Bureau of Investigation (NBI) who holds a warrant for execution within 10 days from receipt
subject to renewal in case of failure to execute the same
Search Warrant is another order in writing issued in the name of the People of the Philippines, signed by the judge
and directed to a peace officer commanding him to search for personal property and bring it before the court.
Richard Doe/ John (Jane) Doe Warrant is a warrant containing no specific person to be arrested but only descriptions
based from the testimonies of the victim/s or the witnesses/es.
Arrest is the actual taking of a person or persons into custody by an authority in order that he/they may be bound to
answer for the commission of an offense.
Search is the act of examining documents, papers and effects.
Complaint is a sworn written statement charging a person or a group 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 is an accusation in writing charging a person or a group of persons of an offense that is subscribed by the
prosecutor or fiscal. It is substantiated on oath and includes the name of the party, the offense committed, facts of the
offense and other factors relevant.
INSTANCES OF WARRANTLESS ARREST
-When, in his (peace officer) presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense.
-When an offense has just been committed and he (peace officer) has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it.
-When the person to be arrested is an escapee from jail.
-When the right is validly waived. This is when the person arrested consented to the arrest, despite of no warrant
showed, the person is willing to be taken into custody.

INSTANCES OF WARRANTLESS SEARCHES

-WHEN SEARCH IS INCIDENTAL TO A LAWFUL ARREST.

-SEARCH IN VIOLATION OF TARIFF AND CUSTOM LAWS.

-WHEN PROHIBITED ARTICLES ARE IN PLAIN VIEW.

-SEARCH OF MOVING VEHICLES

-INSPECTION OF BUILDINGS FOR FIRE AND SANITARY REGULATIONS

-WHEN THE RIGHT IS VALIDLY WAIVED


Wall Search = The purpose is to place the subject in an “off-balance” position requiring the use of both
arms and legs to keep him from falling to the ground. This is the safest type of search. It does not
necessarily require a wall, any object that can support the weight of the subject (such as a car) can be
used.

Standing Search

a. Raise subject’s hand over his head and spread his feet far apart as possible.
b. This is not recommended because the subject is in the “on-balance” position.

. Kneeling Search

a. Subject kneels on the ground with hands raise over his head.
b. This is also discouraged for the same reason as the standing search.

Prone Search

a. Subject lies on his stomach with arms and legs outstretched.


b. Subject has both arms and legs free and is at all times in an “on-balance” position
c. Front part of clothing cannot be searched.
d. This can be extremely dangerous if the subject has knowledge of judo.

RAID = A surprise invasion of a building or area. It is small-scale attack of a limited territory.

CRIME SCENE: the place to search for evidence

Chain of custody of evidence must be maintained. Account for evidence from the time it is collected
until it is produced in court. Any break in this chain of custody may make the material inadmissible as
evidence.

PROCEDURE AT THE CRIME SCENE

Upon arrival at the crime scene

a. Record time/date of arrival at the crime scene, location of the scene, condition of the weather,
condition and type of lighting, direction of wind and visibility.
b. Secure the scene by installing the crime scene tape or rope (police line).
c. Before touching or moving any object at the crime scene, determine first the state of the victim,
whether he is still alive or already dead. If the victim is alive, the investigator should exert effort
to gather information from the victim himself regarding the circumstances of the crime; while a
member of the team or someone must call an ambulance from the nearest hospital. After the
victim is removed and brought to the hospital for immediate attention, measure, sketch, and
photograph. Only a coronal or a medical examiner shall remove the dead body unless unusual
circumstance justifies its immediate removal.
d. Designate a member of the team or summon other policemen or responsible person to stand
watch and secure the scene, and permit only this authorize person to enter the same.
e. Identify and retain for questioning the person who first notified the police, and other possible
witnesses.
f. Determine the assailant through inquiry or observed him if his identity is immediately apparent.
Arrest him if he is still in the vicinity.
g. Separate the witness in order to get independent statements.

STRIP SEARCH METHOD = In this method, the area is blocked out in the form of a rectangle. The three
(3) searchers, A,B, and C proceed slowly at the same pace along, paths parallel to one side of the
rectangle.

THE DOUBLE STRIP OR GRID METHOD OF SEARCH = a modification of the strip search method. Here,
the rectangle is traversed first parallel to the base then parallel to the side

SPIRAL SEARCH METHOD = In this method, the three searcher follow each other along the path of a
spiral, beginning on the outside and spiraling toward the center.

ZONE SEARCH METHOD = In this method, one searcher is assigned to each subdivision of a quadrant,
then each quadrant is cut into another set of quadrants.

WHELL SEARCH METHOD = In this method of search, the area is considered to be approximately
circular. The searcher, gathers at the center and proceed outward along radii or spokes. The procedure
should be repeated several times depending on the size of the circle and the number of searchers.

COLLECTING EVIDENCE = This is accomplished after the search is completed, the rough sketch finished
and photographs taken.

PRESERVATION OF EVIDENCE = It is the investigator’s responsibility to ensure that every precaution is


exercised to preserve the physical evidence in the state in which it was recovered/obtained until it is
released to the evidence custodian.

Photographing = serves as a permanent record of the object in the event subsequent handling alters or
destroys it

Identification of evidence= In order to have evidence admitted in court, the officer who originally
discovered the evidence must identify the items as the same object found at the scene.

Marking of evidence= The investigator generally writes or scratch the following on each item of
evidence collected

EVALUATION OF EVIDENCE = Each item of ev

CHAIN OF CUSTODY OF EVIDENCE = a process used to maintain and document the chronological history
of the evidence. Documents should include name or initials of the individual collecting the evidence,
each person or entity subsequently having custody of it, dates the items collected or transferred, agency
and case number, victim’s or suspect’s name, and a brief description of the item.

SKETCHING THE SCENE

Rectangular coordinates = measurements at right angles from each of two walls.

Coordinates constructed on transecting base line. Chose relatively fixed points

For your base line.


Triangulation = Measurements made from each of two fixed objects to the point you want to plot or
locate so as to form an imaginary triangle. Sketch will show as many imaginary triangles as there are
objects plotted.

SPECIFIC KINDS OF SKETCHES

SKETCH OF LOCALITY =This gives picture of the scene, the crime and its environs, including such items
such as neighboring buildings, roads leading to the location or house. In arson cases, it aids in
determining whether the fire was cause by nearby inflammable property.

SKETCH OF GROUNDS = The sketch of grounds pictures the scene of the crime with its nearest physical
surroundings (e.g. house with a garden).

SKETCH OF DETAILS = The sketch of details describes immediate scene only. For instance, the room in
which the crime was committed and the details thereof. Cross projection method are details of the
room wherein walls and ceiling are pictures as if they are on the same place as the floor. This gives a
clear impression of the scene in cases where bloodstains or bullet holes are found in the walls or on the
ceiling.

RELEASING THE SCENE = The scene is not released until all processing has been completed. The release
should be effected at the earliest practicable time, particularly when an activity has been closed or its
operations curtailed.

COMPOSITION OF SOCO TEAM

1. Team leader
2. Assistant team leader
3. Photographer and photographic log recorder
4. Evidence and evidence recorder
5. Evidence recorder
6. Evidence recovery personnel
7. Driver/security

CRIMINAL RPOFILING = The application of psychological theory to the analysis and reconstruction of the
forensic evidence that relates to an offender’s crime scenes, victim’s behavior. It tends to answer the
question “why” or questions regarding the offender’s motive and intent.

TYPES OF RECONSTRUCTION

PHYSICAL RECONSTRUCTION = The physical appearance of the crime scene is reconstructed from the
description of witnesses and the indication of the physical evidence

MENTAL RECONSTRUCTION = From the physical reconstruction, some conclusions can be made
concerning the consistency of the accounts of various witnesses. No assumption should be made
concerning actions which are not supported by evidence. The final theory developed by the investigator
should provide a line of investigative action.
Pre-Test: Identify the word or group of words being referred to by the statements1.

CRIME SCENE - physical location where a suspect either commits an illegal act or leaves physical
evidence of such act

2. PRESERVATION May be defined as the recognition, identification, comparison and evaluation of


physical evidence by application of the natural sciences.

3. STRIP SEARCH METHOD In this method, the area is blocked out in the form of a rectangle. The
three (3) searchers, A,B, and C proceed slowly at the same pace along, paths parallel to one side of the
rectangle.

4. ZONE SEARCH METHOD In this method, one searcher is assigned to each subdivision of a
quadrant, then each quadrant is cut into another set of quadrants.

5. EVIDENCE Is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the
truth respecting a matter of fact?

CHAIN OF CUSTODY OF EVIDENCE The methodology involving the systematic searching, handling,
distribution, and accountability of all evidence found at the crime scene.

7. SKETCH OF LOCALITY This gives picture of the scene, the crime and its environs, including such
items such as neighboring buildings, roads leading to the location or house. In arson cases, it aids in
determining whether the fire was cause by nearby inflammable property.

8. PHYSICAL RECONSTRUCTION The use of scientific methods, physical evidence, deductive


reasoning and their interrelationships to gain explicit knowledge of the series of events that surround
the commission of a crime.

9. TEAM LEADER Person that Assume control of the crime scene. Ensure the safety of personnel as
well as the victim and offenders caught in the scene and secure the crime scene from kibitzers.

10. RECTANGULAR COORDINATES Measurements at right angles from each of two wall

SEARCH Is an examination of a person’s house or other buildings or premises or of the person for the
purpose of discovering contraband or illicit or stolen property or some evidence of guilt to be used in
prosecuting a criminal action

EXCLUTIONARY RULE What is the rule established that courts may not accept evidence that was
obtained by unreasonable search and seizure, regardless of its relevance to the case.

STRIP SEARCH METHOD this method, the area is blocked out in the form of a rectangle. The three (3)
searchers, A,B, and C proceed slowly at the same pace along, paths parallel to one side of the rectangle.

ZONE SEARCH METHOD this method, one searcher is assigned to each subdivision of a quadrant, then
each quadrant is cut into another set of quadrants

EVIDENDCE Is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact?
PHYSICAL EVIDENCE Objects or materials searched, identified and collected at the crime scene
significant and relevant to a particular incident or event. It is anything real or material – it has substance
– that helps to establish the facts of the case

PHYSICAL EVIDENCE Evidence, which links the crime scene with the criminal/perpetrator of the crime.
These are items unconsciously left behind by the suspect such as: fingerprints, footprints, personal
properties, etc..

PHYSICAL RECONSTRUCTION The use of scientific methods, physical evidence, deductive reasoning, and
their interrelationships to gain explicit knowledge of the series of events that surround the commission
of a crime.

TEAM LEADER Person that Assume control of the crime scene. Ensure the safety of personnel as well as
the victim and offenders caught in the scene and secure the crime scene from kibitzers.

EXCLUTIONARY RULE Established that evidence obtained as a result of an earlier illegality must be
excluded from trial.

* purpose of interrogation

-Obtain confession

- induced admission

-discover pertinent detain

*Good description of interrogation room.

-There must be privacy

-It must be simple

-No obstruction

*Miranda warning is translated in the Philippine as…Constitutional rights

*An Early group of English Criminal Investigators who operated from court located in London is Bow
Street Runners

*Using machine to record conversation within room without the consent of those involved is
wiretapping

*A judgement based on reasoning is… inference

*The cardinals of investigators are… Application of instrument in order to extract particular result

*In police operation, a surprise occupation of a certain territory is called raid

*Disinterment of a body from the grave is… Exhumation

*The father of Criminalistics, now forensic science is Dr. Hans Gross

Investigation
The term investigation comes from the Latin word “vestigare” which means:

a. To track or trace or probe


b. To observe or study closed
c. To inquire into something systematically
d. To search for truthful information

Criminal investigation seeks all facts associated with a crime to determine the truth

The CODE OF HAMMURABI was then implemented to detect those who refused to obey the law.

LEX TALIONES principle where punishment of an offender is equal to what he did. It is known to be the
principle of “An eye for an eye and a tooth for a tooth.”

Rome created the first specialized investigative unit. It was named as


QUESTORS/TRACKERS/MURDERERS.

Unpaid magistrates (judges), were appointed by the citizens to make decisions for the cases presented
to them.

England’s king, Alfred the Great established a system of “mutual pledge” (social Control), which
organized for the security of the country into several levels

TEN TITHING – One hundred persons are grouped into one under the charge of a High Constable.

TITHING – Ten persons are grouped together to protect one another and to assume responsibility for
the acts of the group’s members. The one who heads this group is called Tithing Man.

SHIRES – The divisions of a specific geographic area. It is being controlled by the king and governed by a
Shire-reeve, or Sheriff.

STATUTE OF WINCHESTER was enacted establishing a rudimentary criminal justice system in which most
of the responsibility for law enforcement remained with the people themselves.

PRAETORIAN GUARD – This was considered the first police officers; their job is to protect the palace and
the emperor.

PRAEFECTUS URBI – Their function is to protect the city. They have both executive and judicial power.

VIGILES OF ROME – The vigiles began as fire fighters, they were eventually also given law enforcement
responsibilities and they patrolled Rome’s streets day and night. The vigiles could be considered the civil
police force designed to protect citizens.

JONATHAN WILD – a master criminal who became the London’s most effective criminal investigator.

HENRY FIELDING –He was the creator and a magistrate of the Bow Street Runners; he formed a group of
police officers attached to the Bow Street Court, not in uniform performing criminal investigative
functions.
JOHN FIELDING – The “blind” younger brother of Henry Fielding who took over the control of Bow Street
Court in 1753. He also introduced the practice of developing informants, printing wanted notices,
employing criminal raids, and bearing firearms and handcuffs.

PATRICK COLQUHOUN – A prominent London President who proposed the unique idea of creating
sizeable uniformed force to police the city of London in order to remedy the public outcry concerning
the increase of criminality during the early 1800s.

EUGENE “FRANCOIS” VIDOCQ – established a squad of ex-convicts to aid the Paris Police in investigating
crimes. He worked under the theory of “Set a thief to catch a thief.” He is credited, as the founder of La
Surete, France’s National Detective Organization

ROBERT PEELS – The founder and chief organizer of London Metropolitan Police. He introduced the
techniques in detecting crimes such as detectives concealing themselves, and secretly photographing
and recording conversations.

TEXAS RANGERS was organized as the first law enforcement agency with statewide investigative
authority. This is the forerunner of the Federal Bureau of Investigation (FBI).

WILLIAM HENRY FOX TALBOT explained a photographic process he had invented to the Royal Society of
London.

JACQUES MANDE DAGUERRE gave a public demonstration in Paris of his discovery on the Photographic
process he developed in collaboration with Nicephore Niepce.

Dr. HANS GROSS – The earliest advocate of criminal investigation as a science. Gross was a native of
Austria, born in Graz. Educated in law, he became interested in investigation while serving as an
examining magistrate. He became a professor of Criminology at the University of Vienna.

CHARLES DICKENS is a great novelist in which through his story entitled bleak house, he introduced the
term detective to the English language.Famous novelist that popularized the SCOTLAND YARD

ALLAN PINKERTON. This individual truly deserves the title of “America’s Founder of Criminal
Investigation.”

ACT NO. 70, otherwise known as the CHARTER OF MANILA.

JOHN EDGAR HOOVER – He became the head of the Federal Bureau of Investigation, which was
established by the attorney general from 1909 to 1924.

THOMAS BYRNES = He is an unusually keen-minded individual who trained his detectives in recognizing
individual criminal techniques. He founded the criminal “modus operandi,” or method/mode of
operation.

ALPHONSE BERTILLON =A French Police Clerk who introduced and established the first systematic
identification system based on the Anthropological Signalment (Anthropometry).

He is considered as the founder of Criminal Investigation in France.

PAUL KIRK – The best-known Criminalist who headed the Department of Criminalistics at the University
of California, USA.
MIRANDA vs ARIZONA – The US Supreme Court established procedural guidelines for taking criminal
confessions. The case is the origin of the present Miranda rights of every accused under the custody of
police.

ACT No. 175 = The law that establishes the Insular Police Force which was entitled “An Act Providing For
The Organization And Government of an Insular Constabulary.”

ACT No. 225 = This is the law which established the Philippine Constabulary.

PD No. 765 = Stipulated that the office of the National Police Commission was under the office of the
Ministry of the National Defense (now Department of National Defense).

RA No. 6975 = the Department of Interior and Local Government (DILG) Act of 1990. This is the law that
created the PNP and subsequently dissolving the PC whose officers and rank and file were given the
privilege either to join the AFP or the PNP within the period as provided therein.

RA No. 8551 = The PNP Reform and Reorganization Act of 1998 which is now the operational law that
governs over the PNP.

RA No. 7438 = An act defining certain rights of person arrested, detained or under custodial
investigation as well as the duties of the arresting, detaining, and investigation officers and providing
penalties for violation thereof.

HOWARD VINCENT = head of the Scotland Yard organized investigators known as the CRIMINAL
INVESTIGATION DEPARTMENT. He is a London lawyer without field police experience, who had observed
operations of the Paris police. The Department contained several hundred detectives.

MAPP vs. OHIO (376 vs. 584)The Supreme Court ruled that illegally obtained evidence is inadmissible in
state criminal prosecutions. This case established the “Doctrine of Poisonous Tree.”

FUNCTIONS OF CRIMINAL INVESTIGATION

1. Recognition/identification
2. Collection
3. Preservation
4. Evaluation
5. Presentation

FELONY = acts in violation of the provisions of the Revised Penal Code.

OFFENSE = acts in violation of Special Laws.

MISDEMEANOR = acts in violation of city/municipal ordinances.

CRIME = an act or omission punishable by law forbidding or commanding it.

CRIMINAL INVESTIGATION AS AN ART = It deals with the identity and location of the offender and then
proving his guilt through a criminal proceeding. It is an art because it is governed by intuition, felicity of
inspiration, and to a minor extent, by chance.
CRIMINAL INVSTIGATION AS A SCIENCE = A systematic method of inquiry that preliminary apply
scientific knowledge, principles, and methodologies in order to discover, identify, collect, and process
facts and evidence to promote justice. However, the use of scientific method must be supplemented by
the investigator’s initiative and resourcefulness in finding solution of cases under investigation. The
sequence of investigation must follow scientific operating framework that requires imagination,
improvisation, and creativeness on the part of the investigator.

CRIMINAL INVESTIGATION AS A PROCESS = it involves systematic process of identifying, collecting,


preserving, and evaluating data or raw facts to produce valuable information for the purpose of bringing
a criminal offender to justice. As a process, it is based on systematic plan.

TYPES OF INFORMATION

SENSORY FORM= the outward manifestations of a criminal event that can be perceived by out five
senses – eyes, ears, nose, tongue and hands.

WRITTEN FORM = A criminal act may also provide information is a written form like receipts from the
motel, food and drinks in the pocket of the suspect.

PHYSICAL FORM = The information may actually be in a real form – meaning the failure to retrieve it or
receive it at the right time will be useless. e.g Fingerprints on bottle of beer and interview.

TYPES OF EVIDENCE

TESTIMONIAL EVIDENCE = The most common form of evidence, and it is obtained through interview and
interrogation – events which witness see, smell, taste, and touch are described to the investigator
through oral and written testimony.

DOCUMENTARY EVIDENCE = This includes writings, including official records. One which is supplied by
written instruments, or derived from symbols which ideas are represented on material substances, like
letters, wills, deed or contract.

PHYSICAL EVIDENCE = Evidence addressed to the senses of the court, as when objects are exhibited for
the personal observation of the judge. It is also called real evidence – any kind of object associated with
the investigation, but it must be a tangible item.

CRIMINAL IDENTIFICATION= Identification of suspects and the actual culprits of the crime is one of the
primary task in criminal identification.

METHODS / TECHNIQUES OF CRIMINAL IDENTIFICATION

1. FINGERPRINTS (Dactyloscopy) = The latent print lifted from the crime scene is compared with the
actual print of the suspect. If the two are the same, the latent prints belong to the suspect.

2. ROGUES GALLERY = Use of photographic files/mug files wherein the witness is invited to the police
station and then requested to examine the photographic files of known criminals.

3. GENERAL PHOTOGRAPH METHOD = The investigator shows to a witness/victim a variety of faces that
may not necessarily/directly represent the face of the criminal. The photographs shown to the witness
only represent different features of faces. The image in the picture maybe similar and thus include the
various features such as:
a. degree of baldness

b. length and shape of nose

c. size of the ears

d. formation of the chin, jaw, and cheekbones

e. others

4. CARTORAPHY = The witness and the investigator develop a picture of the criminal with the help of a
skilled cartographer. Based on the description of the witness, the artist draws a composite face that
approximates the criminal’s facial appearance.

5. POLICE LINE-UP OR SHOW-UP = this involves a process of letting/allowing a witness to select the
primary suspect from a group of chosen persons (suspect and innocent person). This method is more
convenient than the other methods since the “element of suggestion” is avoided or minimized in the
identification process.

ROPING OR UNDERCOVER WORK = It is a form of investigation in which the investigator assumes a


different and unofficial identity ( a cover story) in order to obtain information. The general objective of
an undercover investigation is to obtain more information.

SUREVEILLANCE = The discreet observation of places, persons, and vehicles for the purpose of obtaining
information concerning the identities or activities of subsubject

METHODS OF OBTAINING interrogation

1. OVERT = The visible way of obtaining information like conducting interview, patrol, crime scene
search, regular performance of police activities and custodial interrogation.

2. COVERT = The secret way of obtaining

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