Professional Documents
Culture Documents
Criminal Investigation
Criminal Investigation
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PREFACE
As an instructor of this university who teaches law enforcement administration subjects,
including criminal investigation. We have been contemplating on why we prepared this module.
The answer lies on the fact that we wanted to motivate our class in a more effective learning
outcomes.
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INTRODUCTION
The success in the delivery of justice to the people lies on the efficiency of investigating
officers. Solving crime is the primary duties that must be owned by the law enforcement officer.
Police officers are agents of the law who are expected to prevent crime from occurring, and
when crime occurs as it always does – the police are obliged to solve it by all lawful means of
criminal investigation.
Crime investigation and intelligence is rigid discipline, it is a science that requires from
experienced instructors and well trained investigators with continuing education, especially in
the field of criminal justice education.
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Unit 1- Fundamentals of Investigation
Investigation is the act or process of investigating or the condition of being investigated. It also
refers to a search or injury for ascertaining facts; detailed or careful examination. Investigation
came from the Latin term Investigate, which means” to inquire or to discover” during the 5th
century.
Learning Outcomes
Pretest
Directions: Expound the following questions. (5pts each)
How will you considered that a certain act or action of an individual as a crime?
Are there instances that the definition of the term crime varies in every place?
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What do you think is the importance of law in the society?
Discussion
The act committed is wrong such that the act performed injures or otherwise deprive the
individual of either their lives (killing a person) or property (stealing something); or,
The act violates the standard norm meaning the society itself considered the act as a crime.
Considering that there are cases in which the country or the culture dictates as to whether
or not the act is a crime, then it suggest that territory governs primarily and the definition of the
term crime may vary in every places.
Example:
The act of selling marijuana is a crime in the Philippine but not in Netherlands and Spain. That
the culture is the dictating factor
The practice of other tribes in killing a person as an act of revenge is not a crime. Blood feuds
between two rival families or tribes. Blood feuds are the cycle of inflicting injury or killing a
person between two clashing clans or tribes as a retaliation of their previous act/s.
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Learning Activities
Activity 1. Research
On the other hand, crime in the legal framework is primarily base on the laws of the land.
Law is define as the system of rule embodied by different principles that binds the practice or
action concerning human conduct. In the Philippines, laws are made by those who are in
authority as set and provided by the 1987 Constitution which is deemed considered as the
highest and supreme law of the land. As a rule, no law should be pass in contrary to the
constitution. Meanwhile, under Philippine Jurisprudence, crime in legal perspective is define as
an act or omission in violation of the law. In the eyes of the law, crime can be committed either:
Through an act perform by the offender that is in contrary or violates the law; or,
Through omission by which the offender fails to perform a certain act as required by law.
Examples:
Through an act perform by the offender
Theft ( Art 308, RPC)
Robbery (Art 293, RPC)
Homicide (Art 249, RPC)
Murder (Art 248 RPC)
Illegal Possession of Firearm (Presidential Decree 1866 as amended by R.A 8294)
Human Trafficking (R.A 9208 as amended by R.A 10364)
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Crime by omission
Delaying release (Art. 126, RPC)
Other Cases of Evasion of Service of sentence (Art. 159, RPC)
Failure to make delivery of public funds or property ( Art. 221, RPC)
Refusal of assistance (Art. 233, RPC)
As a crime refers legally and generally to an act or omission that violates the law, some other
terms must be noted also as they might be confusing and interchange with the word crime such
as:
Felony- these groups of crimes that violates the Revised Penal Code (Act 3815)
Offense- these are acts which were define as crime as a result of the special law enacted by
legislatures.
Misdemeanor- these are minor violations or infractions not tantamount to serious injuries or
damages.
Revised Penal Code and Special Penal Code
Take note that Revised Penal Code (RPC) define those acts as crime which by nature are
wrong or evil ( mala ense ) as well as provide their nature, penalty and elements to determine
such crime which includes but not limited to murder, homicide, theft, and robbery. On the other
hand, Special laws are those laws which makes and act as a crime (mala prohibita) as a result of
enactment of law as crafted by the congress in the form of Republic Acts. It also include those
acts define as a crime other than those enumerated under Revise Penal Code.
Offender refers to any person suspected, accused or otherwise charge of a crime either
through an act or omission. In the course of investigation, all available means must be exhausted
to prove the allegation that will be brought before the trial court against the offender.
Investigation moreover refers to the systematic examination to crack and solve the allegation.
Allegation on the other hand refers to the contention that someone had committed wrong or
mistakes. It must be noted that it is the primary job of the investigator to gather evidence needed
to solve the case and the process of employing the different investigative technique will be
discuss in the next succeeding chapters.
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Activity 2. Research
Do you think there are instances that a person will be exempt from criminal liability? Support
your answer.
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What do you know about investigative police power?
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Post test. Remembering
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Unit 2. Criminal Responsibility and Investigative Police Power
Criminal Responsibility is the obligation of the person for the changes as a result of his
criminal act. Sine crime in its social context includes the culture of a certain group, investigator
must remember that each culture may vary and shift from one another. For better understanding,
culture in simple term refers to the characteristics of a certain group of people which commonly
include their ways of living, language, religion, social habit belief, attitude and other traits
Learning Outcome:
Pre-test. Application
Discussion:
Criminal Responsibility is affected by some other factor such as age or the soundness of the
mind of the presumed criminal. Specifically, these are minors and lunatic. Technically, the term
minor, child or children refers to someone who is not yet in their puberty stage. Puberty on the
other hand is the stage wherein the child is already capable of reproduction. Legally, child is
define as any person below the age 18 years (paragraph 5, section 4, RA 9344 as amended)
while children is legally define as refers to a person below eighteen (18)years of age or those
over but are unable to fully take care of themselves or protect themselves from abuse, neglect,
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cruelty, exploitation or discrimination because of a physical or mental disability or condition
(paragraph 1, section 3, RA 7610).
On the other hand, lunatics are those individual whose mind are in the state of sickness
or ill. These are those individual who cannot decide on their own and cannot take good care of
themselves even if they are already above the age of emancipation. Age of Emancipation simple
means as the life stage of the individual whereby parental authority over him ceases. In the
Philippines, the age of emancipation is 18 years of age.
Accordingly, Republic Act 9344 as amended provides that child/ children who is/ are 15
years old and below during the commission of crime shall automatically exempt the child from
criminal responsibility. Hence the latter cannot be prosecuted. However, investigators must be
alert as there could be someone using this defense to manipulate and control the child to commit
crime. Investigation therefore should focus now to those are manipulating these young being.
It is obvious that criminal investigation requires patience and effort as society is dynamic
and changing along with the law that provides the mandate of its enforcement.
Investigative Police Power
Furthermore, Law Enforcement Agencies primarily the Philippine National Police as the
primary police force in the country is vested with the power to effect investigation of cases as a
result of crime commission. Police Power is necessary as it is one of regulatory means of the
government to control, maintain, and ensure that the conduct of its people is within the bounds
of the law. Investigative Police Power however is define as the capacity of the police to initiate
investigation of cases which violates the law.
It is a mandatory obligation of the police to conduct investigation as it is one of their
primary functions. While the state provides the police with the power to conduct investigation of
cases, however, this also constraints their capability and lengthen the time to finish investigating
certain case as the state also recognizes and protects the fundamental rights of every person
subjected to investigation and maintain the principle of presumption of innocence. Presumption
of Innocence is founded on the principle that every person subjected to a criminal case is
deemed considered innocent unless proven to be guilty beyond reasonable doubt. Beyond
Reasonable Doubt is a principle which states that a person is guilty base on moral certainty.
Moral certainty in a sense that a person is proven guilty base on how the court appreciated the
evidence presented during trial which produces a conviction. Conviction on the other hand is a
judgment rendered by the trial court that the accused person is guilty of the crime charge against
him.
As law provides the objectives of criminal investigation, it is also the one that dictates
and control their conduct. Objective refers to the direction and end- purpose of criminal
investigation needed to solve the case.
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Activity 1. Bridging Questions
What are the things that you should remember before collecting pieces of evidence?
What will happen to the case if some are all evidence gathered will not be admitted in
court?
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Post Test. Remembering
___________________________ is the obligation of the person fir the charges as a result of his
criminal act.
___________________________ is a sense that a person is proven guilty base on how the court
appreciated the evidence presented during trial which produces conviction.
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Unit 3. Admissibility of Evidence
Learning Outcomes:
1. Recognize the relevance of evidence in criminal investigation
2. Justifies the admissibility of evidence; and,
3. Distinguish the general and other classification of evidence.
Pretest.
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Discussion
Evidence in any crime incident dictates the outcome of the case as a result of criminal
investigation as these are the primary source that will serve as the bases in prosecuting the
person who will held for trial. Evidence also plays a vital role in determination of guilt or
innocence of the accused who is referred to as the person brought before the court of law for
trial. In the process of its collection, those gathered properly will be admitted during court
presentation while rejecting those that are not.
In the Philippines, the Revised Rules of Court provides for the requirement as to how
individual evidence will be admitted such that:
Evidence must be relevant- evidence is relevant to the matter under investigation if it has a
logical connection to the fact in issue brought before the court(gun is relevant evidence in
shooting incident) ; and,
Evidence must be competent- evidence is competent when it does not violate any
procedural requirement during the gathering or collection of such evidence or that is not
excluded by the laws (shabu seized with a warrant is a competent evidence)
Under the law , these are three general classification of evidence that investigative must
remember such as:
Object Evidence- an evidence which by its nature can be brought before the court as
these are actual materials that are recovered from the crime scene. These are also evidence
which addresses to the senses of the court.
Testimonial Evidence- an evidence offered in the form of testimony either by an eye
witness in the commission of the crime or those who have knowledge regarding its commission.
Documentary Evidence- are those evidence in document form which includes some electronic
evidence such as text messages, chat messages, electronic mail and some other evidence which
are printable.
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Assessment
Crime
Criminal Responsibility
Evidence
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Exercises B. Teamwork- Do a research as to how the following crimes are committed.
Theft
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
Robbery
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
Homicide
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
Murder
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
Illegal Possession of Firearm
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
Human Trafficking
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
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Delaying release
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
Other cases of Evasion of Service of Sentence
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
Failure to make delivery of public funds or property
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
Refusal of assistance
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
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Unit 4. Criminal Investigation and its Phases
Learning Outcome:
1. Explain what is criminal investigation
2. Enumerate and Discuss the stages in criminal investigation
3. Criminal Investigation is define an art and science oriented towards identifying
perpetrator/s, launching operations to locate his/her whereabouts and gathering of
evidence to prove their guilt during criminal proceeding. Criminal investigation is
deemed considered as an art since involves the personal qualities of the investigator as to
how he will utilize different technique and devise his own investigative skills in order to
apprehend the perpetrator. Science in a sense that criminal investigation follows a logical
procedure, methods or process in order to arrive at a certain conclusion as to how the
crime was committed as well as to how he will provide evidence to prove the guilt of the
perpetrator during criminal proceeding.
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What are the stages in the conduct of investigation
Discussion
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Activity 1. Application (Limit your answers up to 30 words per question)
Homicide Investigation
What are the evidence that you need to consider for the conviction of the perpetrators?
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Robbery Investigation
What are the evidence that you need to consider for the conviction of the perpetrators?
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Activity 2. Bridging Questions
What are the things that you need to consider to improve the qualities of an effective
investigator.
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Unit 5. Role and Qualities of Investigator
Learning Objective:
Enumerate the qualities of an effective investigators; and, Identify the investigative
quality of investigation.
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Discussion.
The initiation of the investigative process primarily relies with the question “ is the act
performed constitutes a crime as define by law” or “ is the law been violated”? If the answer is
yes then investigator must exhaust all mean to uncover the facts surrounding the commission of
the crime. If investigators find that a crime was not committed or the act perform is not
tantamount to a crime, then obviously they don’t have any personally to interfere with the
matter.
Meanwhile, investigators play an important role in the success of criminal investigation.
As they are the primary individual who gathers and collects relevant information concerning the
crime and later on give testimonial
evidence in court. As such, they should possess the following qualities to become an effective
investigator.
Good communication- this refers to the capability of the investigator to interact both in written
and oral. This means that they can do effective interview either to the witness or suspect as well
as be able to write a written report when required to do so. Effective interview meaning a fruitful
interaction between the investigator and the people as he gather information without language
problem.
Active Listener- this refers to the ability to attentively hear the testimony given by a witness and
be able to identify hearsay statements or false statements. Hearsay are those statements made by
the person who does not witness the actual commission of the crime while false statements are
those statements which are purely fictitious and are invented only by the witness.
Critical Thinking- this refers to the analytical skills of the investigators while he formulate
judgment base on the testimonies given by the witness and evidence gathered in the course of
investigation.
Work under Pressure- this refers to the capacity of the investigator to go through the
investigation process despite of obstacles and hindrances that he may encounter such as but not
limited to lack of resources, inadequate investigative leads and clues and others. Investigative
leads refer to the information gather from people specially those who are within immediate areas
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where the crime took place while clues refers to the pieces of signs and traces which helps in
identifying perpetrators.
Innovativeness- this refers to the flexibility and resourcefulness of the investigator in trying to
uncover the identity and location of the perpetrator. This include finding all possible ideas that
he may take in the course of investigation.
Integrity- this refers to the honor and honesty of the investigator in solving the case and avoid
unethical issues that will discredit his image.
Knowledge about rules on evidenced – this refers to the knowledge of the investigator about the
evidence handling which includes but not limited to preservation, marking, tagging, packaging
and requirements as to how such evidence will be admitted in court during presentation.
Moreover, these qualities should not be possess only by an investigator but rather should be
enhance in response to the changing society. This could be possible through different seminars
and training in line with an effective investigation.
Seminars are more in line with discussions or meeting while trainings are more incline with
actual or practical exercises and demonstrations.
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Post-test.
Investigator A is very passionate about his work. He makes sure that he can utilize all
possible means in order to solve the case. He also ascertains that whatever circumstance may
arrive, he needs to push through and finish the case under investigation.
On the other hand, investigator B also ensure that the case should be finish no matter
what difficulty may arise. However, unlike investigator A, he is more skilled in dealing any
types of witness or even suspects that may come before him.
Questions:
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Unit 6. Approaches and Tools of Criminal Investigation
Learning Objectives:
1. Discuss the relevance of approaches in investigation; and,
2. Portray how tools in investigation are use.
Discussion
The manner how investigator starts learning facts about the crime is significant in
leading him as to the motive of the perpetrator base on he arrangement of physical evidence in
the crime at the time they were seen for collection. Motive is the moving power and cause that
induces in individual to perform an act which is define as a crime. This manner how investigator
start learning facts about the crime is referred as the approach in investigation.
Criminal Investigation can be on the following approaches considering the type of crime
and the manner how it was collected such that:
Inductive Approach- this approach in investigation follows a sequence from specific to general
such that investigator will look first at the pieces of evidence before concluding as to what crime
is committed.
Deductive Reasoning- this approach in investigation is contrary to the former as this
starts from the individual from general to specific such that investigator will start looking first at
the body of the crime(corpus delicti) before proceeding with the individual evidence as to how
the crime was committed.
For better understanding, corpus delicti refers to the body of the crime or the fact that the
crime was committed. The following example illustrates the corpus delicti of the crime:
Dead body in case of murder or homicide case;
The stolen property in theft or robbery case; or,
The deprivation of liberty of any person in case of kidnapping and serious illegal detention To
aid those approaches, investigators must remember the tools in criminal investigation which
includes the following:
Information- refers to the data needed in the course of investigation. This will allow
investigators to gather facts needed to solve the case as this is considered as the lifeblood as
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essence of investigation.
Interview and interrogation- both are similar in terms of their purpose- to acquire information.
However they differ in the manner as to how they gather and collect information such that
interview is done in a simple manner of questioning and mostly done among complainant,
victims or witness. Interrogation on the other hand is intrusive or antagonistic in its approach as
it questions commonly suspects, accused or hostile witness.
Instrumentation- refers to the process of employing scientific instrument in crime detection such
as bu not limited to bullet comparison microscope, fingerprint comparator, polygraph machine
and the like.
In addition, tools of investigation refers to the data or methodology use or employed from the
beginning up to the ending phase of the investigative processes.
Activity 1.
In a certain murder case, MR. A was stabbed by some unknown individual when he go
out in their house. It was noted that MR. A had quarrel with his business partner because of
come deficiencies which involves big amount of money. This lead police investigator to
establish that money could be the motive in killing Mr. A.
Questions:
What information will you gather to solve this case? Where should you find this information?
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Who are the possible person you will interview and interrogate?
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Activity. 2. Bridging questions
What are the questions that must be answer in the conduct of investigation?
What are the things that investigator must remember during the investigation process?
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Unit7. Role and Qualities of Investigator
Criminal Investigator refers to a person who performs an investigation. It is also known as
prober and is considered as the superstar in the process of investigation.
Learning Outcomes:
Discussion.
The initiation of the investigative process primarily relies with the question” is the act
performed constitutes a crime as define by law “or” is the law been violated”? If the answer is
yes then investigators must exhaust all means to uncover the facts surroundings the commission
of the crime. If investigators find that a crime was not committed or the act perform is not
tantamount to a crime, then obviously they don’t have any personality to interfere with the
matter.
Meanwhile, investigators play an important role in the success of criminal investigation.
As they are the primary individual who gathers and collects relevant information concerning the
crime and later on give testimonial evidence in court. As such, they should possess the
following qualities to become an effective investigators:
Good communication- this refers to the capability of the investigator to interact both written and
oral. This means that they can do effective interview either to the witness or suspect as well as
be able to write a written report when required to do so. Effective interview meaning a fruitful
interaction between the investigator and the people as he gather information without language
problem.
Active-Listener- this refers to the ability of the investigator to attentively hear the testimony
given by a witness and be able to identify hearsay statements or false statements. Hearsay are
those statements made by the person who does not witness the actual commission of the crime
while false statements are those statements which are purely fictitious and are invented only by
the witness.
Critical thinking- this refers to the analytical skills of the investigators’ while he formulate
judgment base on testimonies given by witnesses and evidence gathered in the course of
investigation.
Work under pressure- this refers to the capacity of the investigator to go through the
investigation process despite of obstacles and hindrances that he may encounter such as but not
limited to lack of resources, inadequate investigative leads and clues and others. Investigative
leads refer to the information gather from people specially those who are within the immediate
area where the crime took place while clues refers to the pieces of signs and traces which helps
in identifying perpetrators.
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Innovativeness- this refers to the flexibility and resourcefulness of the investigator in trying to
uncover the identity and location of the perpetrator. This include finding all possible ideas that
he may take in the course of investigation.
Integrity- this refers to the honor and honesty of the investigator in solving the case and avoid
unethical issues that will discredit his image.
Knowledge about rules on evidence- this refers to the knowledge of the investigator about
evidence handling which includes but not limited to preservation, marking, tagging, packaging
and the requirements as to how such evidence will be admitted in court during presentation.
Moreover, these qualities should not be possess only by an investigator but rather should be
enhance in response to the changing society. This could be possible through different seminars
and training in line with an effective investigation.
Seminars are more in line with discussion or meetings while training are more incline with
actual or practical exercises and demonstrations.
Investigator A is very passionate about his work. He makes sure that he can utilize all
possible means in order to solve the case. He also ascertain that whatever circumstance may
arrive, he needs to push through and finish the case under investigation.
On the other hand, Investigator B also ensure that the case should be finish no matter
what difficulty may arise. However, unlike investigator A, he is more skilled in dealing any
types of witness, victims or even suspects that may come before him.
Question:
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Unit. 8 Approaches and Tools in Criminal Investigation
Criminal Investigation as discussed in the preceding section is a process that involves a
several steps. To complete a criminal investigation, it must include its basic elements such as:
recognition, collection, preservation, evaluation and presentation in court.
Learning Outcome:
1. To discuss the relevance of approaches in investigation; and,
2. To portray how tools in investigation is use.
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The manner how investigator starts learning facts about the crime is significant in
leading him as to the motive of the perpetrator base on the arrangement of physical evidence in
the crime at the time they were seen for collection. Motive is the moving power and cause that
induces an individual to perform an act which is define as a crime. This manner how investigator
start learning facts about the crime is referred as the approach in investigation.
Criminal Investigation can be based on the following approaches considering the type of crime
and the manner how it was collected such that:
Inductive Reasoning- this approach in investigation is contrary to the former as this starts from
specific to general such that investigator will start looking first at the pieces of evidence before
concluding as to what crime is committed.
Deductive reasoning- this approach in investigation is contrary to the former as this starts from
general to specific such that investigator will start looking first at the body of the crime(corpus
delicti) before proceeding with the individual evidence as to how the crime was committed.
For better understanding, corpus delicti refers to the body of the crime or the fact that the crime
was committed. The following example illustrates the corpus delicti of the crime:
Dead body in case of murder or homicide case;
The stolen property in theft or robbery case;
The deprivation of liberty of any person in case of kidnapping and serious illegal detention.
To aid those approaches, investigator must remember the tools in criminal investigation which
includes the following:
Information- refers to the data needed in the course of investigation. This will allow
investigators to gather facts needed to solve the case as this is considered as the lifeblood and
essence of investigation.
Interview/ Interrogation- both similar in terms of their purpose- to acquire information. However
they differ in the manner as to how they gather and collect information such that interview is
done in simple manner of questioning and mostly done among complainant, victims or witness.
Interrogation on the other hand is intrusive or antagonistic in its approach as it questions
commonly suspects, accused or hostile witness.
In certain murder case, Mr. A was stabbed by some unknown individual when he go out in their
house. It was noted that Mr. A had quarrel with his business partner because of some
deficiencies which involve big amount of money. This lead police investigators to establish that
money could be the motive in killing the victim Mr. A.
36
Questions:
What information will you gather to solve this case? Where you should find this information?
Who are the possible person you will interview and interrogate?
37
Unit 9. Cardinal Points and Methods of Identification
Methods of identification, refers to the ways and means employed to uncover the
personality of the person who may be committed an act in which under the existing law is
regarded as crime.
Learning Outcome:
What are the things that investigator must remember during the investigation process?
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Series of questions and procedures should be set in order to produce a fruitful result. In the
conduct of investigation, investigator must note the cardinal points in criminal investigation
which addresses the following questions:
What act was performed in which the law define it as crime;
Who committed the act in which the law define it as crime;
Where this act as define by law as crime happened;
When this act as define by law as crime happened;
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transfer of evidence from on person who holds supervision or care of such evidence to another
from the time it was gathered at the crime scene up to the time it will be presented in court.
Methods of Identification
Successful criminal investigation is impossible without first establishing the identity of
the perpetrator. Hence, all efforts are futile if perpetrator cannot be brought for prosecution and
the feeling of injustice on the part of the victim is inevitable.
Moreover, the identity of the person suspected to have committed a crime can be
establish mainly through the following:
Identification by witness- the identity of the perpetrator is established through an eye- witness or
person who have seen the perpetrator in the actual commission of crime or his presence was
seen in the crime scene or immediate area/s where the crime took place.
Identification through Physical Evidence- the identity of the perpetrator is established through
collection of physical evidence that has a logical connection to the case which could either be
associative or tracing evidence. Physical Evidence (also known as object, autoptic, or real
evidence). These are physical objects used as evidence which are obtained through searches at
the scene of the crime. Articles and materials found in connection with investigation, which aid
in establishing the identity of the perpetrator are known as physical evidence. Legally, object
evidence refers to the evidence made know or addressed the senses of the court.
On investigator’s viewpoint, the following are the different types of physical evidence.
Corpus Delicti Evidence- this refers to objects or substances which may be part of the
body of the crime. The body of the victim, prohibited drugs recovered from a person, dagger
with blood stains or fingerprints of the suspect, stolen motor vehicle identified by plate number
and by body or engine serial number are examples of corpus delicti evidence.
Associative Evidence- these are those materials/ owned and can be link to the perpetrator
which by some instances was left at the crime scene. The offender may leave clues at the scene
as weapon, tools, garments, fingerprints or foot impression. Broken headlights glass found at the
crime scene in “hit and run” homicide may be associated with the car found in the repair shop .
Wearing apparel of the offender and other articles may be recovered where the crime of rape
was committed.
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Tracing Evidence- this are those material/s taken by the perpetrator at the crime scene and
mostly commonly found in theft or robbery cases. Aircraft ship manifest, physician clinic record
showing medical treatment of suspect for injuries sustained in an encounter, blood stains
recovered from the area traversed by the wounded suspect infer direction of the movement are
examples of tracing evidence.
Testimonial Evidence- This is the product of interview and interrogation from which
witness smell, hear, taste and touch are being described through oral and written testimony.
Testimonial evidence also includes the testimony of physician who may be commanded to
appear before a court as an ordinary witness and/ or as an expert witness.
Ordinary witness- any person who perceived the commission of a crime and testified before the
court is just considered as an ordinary witness. Also, a physician who testified in court on
matters he.she perceived from his/her patient in the course of physician-patient relationship
considered as an ordinary witness. Under Sec. 30, Rule 130, Rules of Court, a witness can
testify only to those facts which he/she knows of his/ her own perception, except as otherwise
provided on this rule.
Expert Witness – a person is deemed as an expert witness if his/her testimony concerning the
investigation of crime is based on his/her training and experience. For example a physician who
confirmed before the court the cause of death of the victim is considered as an expert witness
Documentary Evidence- refers to writings, including official records, or contents” could speak
for themselves” when read by the investigators and the court. They may be collected through
voluntary relinquishment or by a Subpoena Duces Tecum (court order) which compels the party
to bring the records to the court. The following are some samples of documentary evidence:
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Medical Expert Opinion
Deposition
A deposition is a written record of evidence given orally and transcribed in writing in the
form of questions by the investigator and the answer of the deponent and signed by the latter
(Garcia, 2004)
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Activity 1. Application
What kind of physical evidence is provided?
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Activity 2. Analysis
Broken?
Altered
Recorded
If no one had witness the crime, how will the following aids in the conduct of investigation:
Physical Evidence
_____________________________________________________________________________
_____________________________________________________________________________.
Forensic Science
_____________________________________________________________________________
_____________________________________________________________________________.
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Unit 10. Technical and Legal Aspect of Witness
Learning Outcome:
1. Enumerate the different types of witness;
2. Differentiate technical and legal classification of witness; and,
3. Elaborate the exemption of hearsay rule.
The term “witness” is use both in technical and legal perspective. Technically witness is define
as any person who have seen or knowledge regarding the commission of the crime. This could
be further classify as:
Prosecution witness- refers to any person brought before trial to offer testimony in favor the
prosecution and is use to add incriminatory evidence to the accused.
Defense witness- refers to any person who is brought before trial to strengthen the alibi of the
defense and to disprove the charge of the prosecution.
Character witness- refers to any person who offers a testimony in line with the character
reputation of some other person which will then serve at some point as to whether or not the
testimony of that person will be given credit or not.
Eye witness- refers to any person who have seen the actual commission of the crime either
whole or any part of its commission.
Child witness- refers to young individual who offers a testimony concerning a crime.
Dumb witness- these are those witness who by reason of some mental faculty are unable to
provide an accurate detail regarding the crime which is typically common among uneducated
individual.
Honest witness- these are those witness who cooperates and avoid exaggeration or falsehood in
providing testimonies concerning the crime.
Fearful witness- these are those person who are afraid of being involve in the prosecution of the
accused or simply shy to face the open court.
Egocentric witness- refers to a witness who is prone to exaggerate of the things he had observe
and may attempt to add facts which are not part of the real scenario.
Hostile witness- these are witness who are uncooperative and does not wish to provide
information necessary for the prosecution of the case.
Suspicious witness- are individual witness who are doubtful about the true intention of the
investigator or the police as whole.
In legal perspective, the law and the Revised Rules of Court define and qualify a witness as “
any person who can perceive, capable of perceiving and can make known his perception to
others’ can be a witness.
Under the Revised Rules of Court, the law further classify witness as either:
Ordinary witness- these are those witness who may be allowed to testify regarding the
following:
About the identity of the person whom he had knowledge;
Handwriting of the person of which he had familiarity; and,
Mental sanity of the person whom he had acquainted.
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Expert witness- are those witness who by reason of their knowledge, skills, training or
experience may be allowed by the court to give their opinion.
Activity 1. Distinguish
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Assessment. Memory Recall – Choose the letter of your choice.
1. Any person brought before trial to offer testimony in favor for the prosecution and is use to
add incriminatory evidence to the accused is called______________.
a. Prosecution witness c. child witness
b. Honest witness d. competent witness
2. These are those witness who cooperates and avoid exaggeration or falsehood in providing
testimonies concerning the crime.
a. Prosecution witness c. child witness
b. Honest witness d. competent witness
3. ___________________refers to the ways and mean employed to uncover the personality of
the person who may have committed an act in which under the existing law is regarded as crime.
a. Method of identity c. Method of individuality
b. Method of inversion d. Method of identification
4. This approach in investigation follows a sequence from specific to general such that
investigator will look at first at the pieces of evidence before concluding as to what crime is
committed.
a. Inductive approach c. Inductive Design
b. Deductive reasoning d. Deductive design
5. Is a term more incline with actual or practical exercises and demonstrations.
a. Seminar c. Workshop
b. Training d. Meeting
6. Refer to the information gather form people specially those who are within the immediate are
where the crime took place.
a. Crime scene c. approaches
b. Investigative leads d. clue
7. Refers to the capability of the investigator to interact both written and oral.
a. Creative c. good communication
b. Critical thinking d. writing skills
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8. The person suspected to have committed an act which is define by law as crime is referred as
______________.
a. Victim c. Convict
b. Complainant d. Perpetrator
9. Criminal investigation is considered as ____________since it involves the personal qualities
of the investigator as to how will utilize different technique and devise his own investigative
skills in order to apprehend the perpetrator.
a. Art c. skill
b. Science d. talent
10. Refer to those evidence which by its nature are false, altered or otherwise questionable in its
existence or production.
a. Questioned evidence c. relevant evidence
b. Tampered evidence d. competent evidence
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Unit 11. Procedure in Criminal Investigation
Learning Outcome:
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As first responder, what is the initial step that must be done to secure the crime scene?
As a general rule, all crime scene investigation must be done by the police station who has a
territorial jurisdiction of the crime incident unless otherwise specified by higher authorities to be
investigated bby some other unit or agencies and must be recorded in the official police blotter.
Territorial jurisdiction means that the crime incident happens within the area or place that
certain police stations holds or cover. Police station moreover refer office of the local police
that has a jurisdiction within the area and exercise control over the community and persons
movement by enforcing the laws necessary for the maintenance of peace and order. The same is
responsible in providing immediate response to the community as the need arise.
Also, crime incident differs from crime scene such that crime scene again refers to the place
where crime took place and where physical evidence can be found while crime incident refers to
the occurrence of a certain crime.
Illustration: A committed murder (Crime Incident) in the house (Crime Scene) of B. In the
process of investigation, crime scene must be preserve as it contains as it contains the essential
ingredients surrounding the commission of the crime. On the other hand, crime incident must be
establish as it will guide investigators in filing the proper charge. In what way that police
officers are notified in the event that a crime happens? In the event that a crime happen, it
reaches the attention of the police through: A concern citizen who witness the crime incident An
accident discovery of some citizen;or, The action itself of the police officer in patrol.
Those who are in patrol are commonly regarded as the first responder as they are those who are
employed in the community with the end purpose of crime prevention. As part of their duties,
first responder must do the following:
Proceed to crime scene and available information regarding crime incident;
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Record all relevant facts and the time of arrival at the crime scene;
Cordon the area- meaning isolate the place so that unauthorized persons cannot enter the scene
or the suspect cannot destroy the evidence;
Identify possible witness and do the preliminary interview if feasible;
Arrest suspect/s if they are around or recommend for the conduct of dragnet operation- an
operation conducted to seal off possible exits of the suspect/s.
Be ready to take dying declaration of injured person. A dying declaration is a statement made by
a person who is under the impending death in which such declaration is related to the facts in
which the person is competent to testify;
Evacuate wounded person and/ or account killed, wounded or arrested person;
Conduct initial investigation and briefing of investigator – on-case (IOC) upon his arrival at the
scene; and,
Conduct initial inventory of all possible evidence at the crime scene which must be signed by
him, the SOCO and by the investigator.
After such procedure, the investigating team will take full control of the crime scene which
includes the conduct of crime scene search, generating sketches as well as the taking of
photograph, lifting of fingerprints, marking and tagging as well as the collection of physical
evidence and the like. Investigating team refers to the group of police personnel charge with the
investigation and processing of the crime scene which includes but not limited to the search,
collection, marking, tagging, preservation and transfer of evidence.
Further, investigating team is composed of the following:
Team leader- the one who directs the processing of the crime scene
Assistant Team Leader- the one who implements or executes the order/s coming from superiors
Measurer- the one who makes all relevant measurements of the scene such as, the distance f the
body of the victim to the firearm used, in motor vehicle collision, the distance of the two vehicle
to the points of references
Photographer- the one who takes photograph of all the pieces of evidence that are relevant to the
commission of the crime.
Evidence Custodian- the one in charge in the collection, preservation, tagging of the articles of
evidence found at the crime scene.
Master note Take- the one who writes down in short hand all observations at the crime scene
such as: weather condition, time of dispatch and time of arrival at the crime scene and other
relevant data that should be noted.
Sketcher- the one who make sketches of the immediate background an inside the scene of the
crime.
Upon the take – over of the investigating team, they assure that the investigative procedures are
followed such as :
Record the date and time of arrival as well as all other important details in the crime scene.
Photograph and video of the crime scne;
Arrest of suspect/s if their identity is apparent; and,
Separate possible witness to get their individual accounts.
Further, whatever the situation in the crime scene might be, it must be noted that the paramount
concern of the investigating team should be the preservation of human life. Investigator or any
of the investigating team must be aware to know what task should be given priority in the
conduct of investigation.
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Activity 1. Case Analysis
In some certain place name Barangay X, Mr. Y was found dead while his wife was on
the stage of dying. Beside Mr. X is an open volt suspected to contain money. On top of that, his
wife was found naked. As first responder, what will be your first response to the following:
To Mr. X?
To his wife?
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Unit 12. Crime Scene Processing
Learning Outcome:
Discuss the methods of search
Explain the purpose the marking, tagging and collection of evidence;
Discuss the importance of photographing the crime scene;
Discuss the rules in sketching the crime scene
Illustrate the process of evaluating, preserving and releasing of evidence
Explain the proper custody and transmittal to crime laboratory
Illustrate the proper releasing of the crime scene.
It is true that the investigating team must give priority to the human life, nevertheless they must
exhaust whatever means to secure and preserve the crime scene for it contains all the necessary
ingredients for the prosecution of the case. As such, they must reconsider the necessary steps in
order to collect all available evidence and maintain the integrity of the crime scene by
remembering “MAC” rule which simply stand for:
Mutilate- meaning do not remove anything from the crime scene
Alter- do not change in the crime scene
Contaminate- do not add anything to the crime scene
Golden Rule in Criminal Investigation
“ Never touch, alter, or transfer any object at the crime scene unless it is properly
marked, measured, sketched and/ or photographed at the crime scene.
Also, the investigating team should also take into consideration those transient evidence
or fragile evidence. Transient Evidence are those evidence which when not collected at
appropriate time may diminish or lost its value such as urine,blood, semen etc.,on theother hand,
fragile evidence are those evidence which may be broken if collected inattentively.
Equipment in Crime Scene Responding
Responding to a crime scene requires the following equipment:
Searching Tools- like flashlight, magnifier, etc.
Sketching Instruments
Measuring Device- like compass,steel tape, ruler, etc.
Recording Material- like chalk, graphing paper, sketching pad, clipboard, paperboard, etc.
Collection of evidence- susch as cutting fibers, knife, screw driver, dropper, forceps,
fingerprinting equipment, etc.
Preserving Materials
Container- like bottles, envelops, test tubes, pins, thumbs tacks, etc.
Label and Seal (evidence tags)- like gummed labels, sealing wax, grease pencil, etc.
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Methods of Search
Crime is unique with respect to one another which means that the search for an
individual object should be based on the physical characteristics of the scene in order to collect
all possible evidence present in the area. Therefore, investigating team should be careful in
selecting the best method of search that will correspond to the present crime scene.
Method of Search is define as the systematic procedure employed by the investigating
team in order to recognize, collect and preserve the pieces or any objects/s found in the crime
scene that has a logical connection to the case.
In the conduct of crime scene search, the following methods may be employed base on
the physical characteristics of the place such as strip method, double strip method, spiral search
method, zone methods and wheel search methods.
Kinds of Search
Strip Method- is done through following straight path in an area. Upon reaching the end, the
searcher turn and follow again a straight path but parallel to the first path he take. This process
continues until the search of the entire area is done. See figure 1.
Wheel Method- is also applicable in circular areas similar with the spiral method. However, the
searcher starts in the center and is best applicable only when there are plenty of searchers. From
the center, they follow a straight path towards outside unlike in radial that they follow a circular
pattern.
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Figure 5. Zone Method
In taking of photograph, investigating team must consider the following angle/ views to
property appreciate the crime scene such as:
General view- these are taken outside of the crime scene purposely to show location, direction
and the place of crime incident;
Medium view- these shots are taken to show the different divisions of the crime scene as this
view will allow investigators to clearly see the nature of the crime committed;
Close-up view- these shots are done to individual evidence to show what constitutes the crime
and how it was committed.
Further, gradual shots of an individual evidence may be taken from a standard position in order
to show the relationship of one evidence t another or how individual evidence is close or far
from one another. Technically, this is referred t as progressively photography which include
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shots taken in long-range, mid-range and/ or close range distance.
The following guidelines also in line with taking photograph must be noted by the investigating
team such as;
Don’t forget to take overall photos of the scene which includes street signs, areas, street lights
location near the crime scene and any identifying objects
Pictures of every room must be taken though they are not apparently connected to the crime
scene
Photograph must be taken from at least 2 opposite corners but 4 corners is better
If possible, take photos from above ceiling to avoid the possibility of missing any evidence
Keep a photo log during crime scene processing
Sketching the Crime Scene
In line with sketch, the artist shoul be able to draw and portry the crime scene. The same must
remember the elements of the sketch which includes the following;
Title- refers to the crime committed or the incident happened such as vehicular accident,
homicide case, drowning, rape case and other.
Body- refers to the sketch proper to include the position of the victim and other items in the
crime scene. It includes proper measurements of distances of objects in the crime scene.
Compass direction- refers to the standard arrow to indicate the north direction. To find the north
without compass, determiner the east where the sun rises. Facing east, your left side is the north
direction.
Nature of the case- refers to the status of the case whether currently committed or days had
passed after its recovery.
Location of incident- refers to the place where the incident happened
Date/time Incident- refer to the exact time and date of the incident. This can be gathered through
interviews from eyewitness and other persons in the area.
Name of victim- is the part of the sketch where name of the victim is written.
Name of suspect- refers to the part of the sketch where the name of the suspect is written
Measurements- is an element of sketch with measurements showing accurate spaces and
distances or relevant objects to their point of reference.
Essential Items- all items in the scene must be included. Never decide outright that some items
are irrelevant. As you proceed in the investigation, these seemingly irrelevant items will become
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relevant or material in the investigation.
Scale of proportion-is the element of finished sketch. It is the essential of the finished sketch to
the actual size or measurements at the scene. The scale of 1:50 means that on inch in the sketch
measurement is 50 inches in the actual scene measurement.
Legend- is usually placed at the bottom of 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.
Sketcher’s Name and Signature- ie where the name of the sketcher and the team leader of the
officer in charge are written and signed.
Date and time- refers to the exact time the sketch was made.
General Kind of Sketch
The two general kind of sketch are the rough and finished sketches:
Rough Sketch- This is a sketch made by the investigator at the crime scene, which is full of
important details but without the scale of proportion. This is used as the basis for the finished
sketch.
Finished Sketch- this is a sketch with a scale of proportion. Drawn by a draftsman, it can be used
for court presentation. Rough and Finished Sketches if requested by the court shall be presented
by the draftsman to clear doubts of the jury.
Specific Kinds of Sketch
In particular, the following are the kinds of sketch:
Sketch of Locality- This deals with the vicinity of the crime scene in relation to the environs, to
include neighboring building, structures, or means of access leading to the scene. This kind of
sketch is applied in conflagrations, suspected to be arson, indicating the origin of the fire and
how is spread naturally or unnaturally against the wind.
Sketch of Grounds- This is the kind of sketch which illustrates the scene of the crime with the
nearest physical surroundings, such as the room adjacent or opposite the room of the crime
scene, the number of floors of a building or house, the yard and the other natural structures.
Sketch of Details- This include the positions and exact locations of the physical evidence in the
crime scene. It describes the immediate scene only like the room where the crime was
committed and the details of item in the room.
Cross Projection/ Exploded View- It also describes the immediate scene only, specifically
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inside a room as the scene of the crime. The room treated as the cardboard box where the side
and the cover are collapsed to the same plane as the bottom. The bottom serve as the floor, the
four sides representing the walls and the cover representing the ceiling.
Evaluation, preservation and releasing of evidence
Evaluation of evidence refers to the process of assessing the significance of individual
evidence that shoud be subjected for further examination such as transmittal of firearm to crime
laboratory for ballistic examination or transmittal of electronic devices such as cellphones or
laptops to Anti-cybercrime Group (ACG) for digital examination.
Preservation of evidence refers to the measure employed in order to maintain, protect
and safeguard the original state of physical evidence from the time it was collected up until the
time that it will be released r to appropriate personnel. It must be noted that it is the primary
responsibility of the investigator to preserve the evidence until it will be transferred to the hands
of the evidence custodian. Take note that evidence custodian is the person who takes charge the
responsibility and control in handling and disposal of evidence.
Releasing of evidence on the other hand refers to the discharge of individual evidence
upon the order of the court and/ or prosecutor.
Chain of Custody and Transmittal to Crime Laboratory
Chain of custody in every crime investigation should be maintain at all cost as any
inconsistencies in the handling of evidence may result to the incompetency of the same resulting
to its inadmissibility during court presentation. Chain of Custody again is define as the transfer
of evidence from one person who holds supervision or care of such evidence to another person
from time it was gathered at the crime scene up to the time it will be presented in court. In
includes the list of all personnel who handled the evidence from collection until court
presentation.
As part of the procedure, All physical and or seized evidence must be in the custody of
the investigator unless a laboratory examination is needed thereby he will transmit the evidence
to the evidence custodian only and must be placed in the evidence room for safekeeping.
Safekeeping simply refers to the security or protection of physical evidence.
In addition, the following should be noted in adherence to the standard procedures in
maintaining the chain of custody such as:
Proper recording of areas or location from which evidence was gathered;
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Proper marking of evidence for accurate identification; and,
Completing the evidence submission from for laboratory analysis.
For proper documentation, an evidence log should be maintained. Evidence log is any material
upon which the writing or note taking is done to keep and maintain the record and disposal of
evidence. This will guide investigators as to who are the person who handled and possess
whatever physical evidence are transmitted.
Release of the crime scene
Release of the crime scene is defined as the discharge of the crime scene fro the custody of
authorized law enforcement officer to the lawful occupant, owner or any person who is charge
with the responsibility and management of the place where the crime happened.
In releasing, the crime scene, the following should be observed, to wit:
All physical evidence must be properly marked, tagged and labeled
Ensure that proper inventory of all items is done
Error should not be entertained as there is only one chance to processed the crime scene; and
Release the crime scene only after final survey and proper documentation. Final survery refers to
the action taken by the investigating team to ensure that all items have been gathered which
includes the proper documentation of all circumstances under which the physical evidence was
collected.
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Activity 1. Application
What method of search is best applicable to the following areas? Explain briefly?
Bombing Incident
Small room
Faculty room
Conference room
Activity 2. Application
What is the importance of the following prior to collection of evidence? Explain briefly
Marking of Evidence
Tagging of Evidence
Preservation of Evidence
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Activity 3.Synthesis
Draw a mini sketch of a case involving shooting incident. Take not to consider and include the
elements of sketch.
Activity 4. Evaluation
How will you know that the evidence found in the crime scene must be preserve
How do you assess the process enumerated in maintaining the integrity of chain of custody? Are
you sure that all evidence will be preserve from the crime scene up to court presentation?
How do you simply assert and know that the person whom you will release the crime scene is a
lawful occupant or owner of the property?
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Unit 13. Reconstructing the Crime
Learning Outcome:
1. Discuss the purpose of reconstructing the crime
2. Explain how perpetrator commit crime
3. Discuss the ways establishing the identity of the suspect
What do you think are the ways in establishing the identity of the perpetrator?
Discussion
Crime scene reconstruction is one of the most difficult and tiring job of investigators as this
involves the process as to how perpetrator commits the crime. Crime scene reconstruction is
define as the scientific ability of investigators to make useful observations of physical
evidence in the crime scene through logical approach in theorizing as to how the crime was
committed. This also involves systematic methodology in incorporating all available
information gathered as well as the arrangement of physical evidence in the crime scene to
provide a rational, reasonable and acceptable explanation as to how the crime was
committed.
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Reconstruction
To properly reconstruct the crime, the following stages should be observe to arrive at a
more convincing explanation as t how the crime was committed, to wit:
1.Appreciation- is the purpose of recognizing a potential physical evidence that has or may
have evidential value and separate it from those items which are not significant in the
progress of investigation;
2. Comparison- is the process of comparing group of standards from one collected in the
crime scene to establish its identity;
3. Individualization- this involves the process of establishing the uniqueness of the physical
evidence taken from the crime scene;and,
4. Reconstruction- is the final stage undertaken in order to fully reconstruct the crime
considering all related factors such as crime scene evaluation, laboratory results,
individuality of physical evidence and other independent information from various sources
to provide better understanding and explanation as to how the crime was committed.
It must also noted however, that crime scene reconstruction is different from crime scene
reenactment and crime scene re-creation such that , crime scene- re-enactment is the process
of re-enacting and portraying the crime incident base on their previous knowledge regarding
the event by having a would- be offender, victims or witness to play a such role while crime
scene re-creation is the process of substituting all necessary items or actions at the crime
scene through the use of what is documented or with the aid of investigators log.
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In identifying suspect, rogues gallery can also be very help. Rogues Gallery refers to the
compilations of photograph of known criminals. If someone had witness or seen the
suspects face, cartographic sketch can be done. Cartographic sketch refers to the composite
drawing of a suspects face done by an artist to assist police investigators in establishing the
identity of the person who might have committed the crime.
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Activity 1. Analysis
How does rogues gallery aids in establishing the modus operandi of criminals and/ or criminal
syndicate?
How can an artist create an approximately accurate sketch of the suspects face?
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Activity 2. Demonstration
Instruction. Group yourselves into 7 members and perform crime scene simulation. Have
homicide investigation for uniformity. Perform the basic crime scene processing such as
photographing, sketching, searching, marking, tagging, and collection of evidence.
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Assessment. Memory Recall
Multiple Choices: Select the best answer; encircle the letter of you answer that corresponds to
the given question.
1. A statement made by a person who is under the impending death in which such declaration is
related to the facts in which the person is competent to testify is know as_______________.
a. Dying declaration c. true statement
b. Hearsay d. oral statement
2. Refers to the place where crime took place and where physical evidence can be found.
a. Pattern area c. crime scene
b. Crime pattern d. bed scene
3. These evidence may diminish or lost its value when not collected at appropriate time.
a. Cumulative evidence c. fragile evidence
b. Transient evidence d. corroborative evidence
4. What method of search is best applicable in crime scene covering a wider range?
a. Zone method c. spiral method
b. Wheel method d. strip method
5. Refers to actual gathering and lifting of evidence from the crime scene to the custody or
appropriate office.
a. Marking of evidence b. collation of evidence
b. Tagging of evidence c. collection of evidence
6. A sketch drawn by the artist for court presentation and is commonly done in the office is
know as_____________.
a. Rough sketch c. finished sketch
b Outline sketch d. sketch
7. The person who take charge the responsibility and control in handling and disposal of
evidence is called________________.
a. Chief custodian c. evidence collector
b. Evidence custody d. evidence custodian
8. The transfer of evidence from one person who holds supervision or care of such evidence to
another person from the time it was gathered at the crime scene up to the time it will be
presented in court is known as_____________.
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a. Chain of custody c. evidence custodian
b. Evidence custody d. chain of evidence
9. This is the process of comparing group of standards from the one collected in the crime scene
to establish its identity.
a. Appreciation c. comparison
b. Evaluation d. identification
10. Define as the psychological process of establishing the characteristics of the most likely
individual who might have committed the crime base on the evaluation of the crime scene and
the placement of physical evidence.
a. Profile c. comparison
b. Profiling d. identification
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Unit 14. Warrantless Arrest and Detention
Learning Outcome:
1. Discuss how the person is brought in the custody of law
2. Explain the purpose of warrant of arrest
3. Differentiate warrant of arrest and warrantless arrest
4. Discuss the rules in making arrest and how warrant of arrest is executed
Pre-test
How do you think arrest is made?
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Discussion.
The conduct of investigation is nothing without arresting the perpetrator of the crime.
Arrest is referred to as the taking of person suspected to have committed an act to which the law
define it as a crime into the custody of any law enforcement agencies who has the authority to
do so in order to answer the commission of crime.
Legally, the Rules of Court (Section 1, Rule 113) define arrest as the taking of person
into custody of law in order that he may bound to answer for the commission of crime.
Warrant of Arrest
In the course of investigation, of the identity of the person suspected to have committed a
crime was already established and the evidence of guilt pointing him/her as the perpetrator of the
crime is strong, then investigators should secure a warrant in order to arrest the person.
Warrant of Arrest is define as a document from court ordering and directing any law
enforcer to apprehend and detain any person whose name will appear in the warrant for him to
answer matters regarding the commission of a crime. Any person suspected to have committed a
crime can only be lawfully arrested after securing warrant.
However, a person can also be lawfully arrested by virtue of warrantless arrest.
Warrantless arrest is define as the arrest made by any law enforcer without the benefit of
warrant. Arrest without warrant is possible provided that either of the following circumstance is
present:
That the person to be arrested is about to commit, actually committing or have just committed an
act to which the law define it as a crime in the presence of the person who will make the arrest
or caught in the act-(Inflagrante Delicto)
That the person to be arrested have committed an act to which the law define it as a crime and
the person making the arrest have probable cause that the same person is probably guilty of a
crime. Probable cause simply means as a reasonable bases to established a well- founded belief
that the person may have committed an act to which the law define it as a crime. (Hot Pursuit)
That the person to be arrested is one who escape from penal confinement.
Furthermore, involving persons arrested without the benefit of a warrant to determine if the
person so arrested should remain under custody and be charge accordingly.
Rules in making the arrest
In making the arrest, the Rules of Court provides the following guidelines such that:
It should be made by actual restraint of a person t be arrested
By submission of the person to be arrested into the custody of any person making the arrest.
It must be noted that in the event of arresting the suspect allegedly to have committed a crime,
the person making the arrest should observe:
Not use unnecessary force
Use only the force necessary to arrest the person
Any form of violence is not allowed also since it may cause the physical evidence to be
incompetent and therefore, inadmissible as evidence during court presentation.
Execute of warrant
After warrant has been issued by the honorable court, any law enforcer directed to cause
its execution shall exhaust all the remedies to arrest the person whose name appears in the
warrant. Execution of warrant simply means as the carrying out the duty to find the person
whose name was written in the warrant can cause his arrest and detention.
In executing the warrant, the following should be observed:
Warrant can be executed either day or night;
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The person making the arrest shall inform the person to be arrested that a warrant has been
issued for his arrest
It must be executed within 10 days from the moment it was received
However, the person making the arrest shall proceed with the arrest of the person even without
informing him of the cause of arrest or that a warrant was issued for him to be arrested provided
that either of the following is present:
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Activity 1. Case Analysis
If the police officer accidentally finds the person so described in the warrant on the eleventh day,
can he legally hold the same person? Explain briefly.
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Unit 15. Custodial Investigation and Detention
Learning Outcome:
1. Enumerate the rights of the person under custodial investigation
2. Discuss the effects if these rights are violated
Any person arrested and brought before the custody of law are presumed innocent until
proven to be guilty. Thus, they have also the same right as those ordinary individual and in
order to protect the interest of ordinary individual as well as prevent any abuses from law
enforcer. These rights must be observe as any violations may result to the dismissal of the
case.
These rights provided by the state was originally founded in the case of Ernesto Miranda vs.
State of Arizona such that Court dropped his conviction for kidnapping and rape for failure
of police officers conducting the investigation to informed and recite his legal rights prior to
confession during custodial investigation.
In the Philippines, the right of the person arrested is originally define under the Bill of
Rights of the 1987 Constitution (Section 12, Article III) such that any person lawfully
arrested and under investigation for the commission of crime shall have the following rights:
Right to remain silent;
Right to have independent and competent counsel, preferably of his own choice
Right to know the nature and the cause of accusation against the person accused.
In addition to the above rights, the state enacted the statutory law Republic Act 7438 which
provides further the process of obtaining confession to any person detained or under
custodial such that:
The person detained or under custodial investigation shall be assisted by a counsel at all
times
The recital of his rights shall be in the dialect known and understood by the person detained
or under custodial investigation
The custodial investigation report shall be reduce in writing by the investigating officer and
must be explain to him by his counsel before being sign by the same.
In like manner, any extrajudicial confession made by the person arrested or detained shall be
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in writing and signed in the presence of his counsel. Take not, Extra-Judicial Confession is a
confession made by an arrested or detained person while under the custody of law and
outside the court.
Moreover, Custodial Investigation is the issuance of invitation to the person suspected to
have committed a crime who at the same time is brought before the custody of law in order
to answer matters regarding the commission of a crime without jeopardy to the liability of
the person for any violations he may commit.
Arbitrary Detention
Arbitrary Detention (Title II, Book 2, Act 3815) is a crime against the fundamental law of
the state, committed by any public officer or employee in any of the following:
Detention of an person without legal grounds (Article 124)
Delay in the delivery of detained person to the proper judicial authority (Article 125)
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Activity 1. Evaluation
Do you think it is right and proper that the person so detained be provided with individual right
as mandated by the constitution? Explain briefly
If the person was detained more than the prescribe number of hours, where and when can the
person file a complaint for arbitrary detention? How?
Assessment.
Exercise A. Understanding- Read the terms below and write on the relevant or not relevant area
of the diagram depending on your judgment with respect to the conduct of arrest.
Forensic science 10 days Arbitrary Detention Escapee
Crime Scene Custodial Investigation Evidence tagging Warrant
Miranda Doctrine Inquest Actual Restraint Daytime
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Exercise B. Conduct Interview.
Interview any police officer and ask them how they are doing the arrest. Ask how they establish
probable cause that made the judge issue warrant of arrest. List down below the things you have
learned and gathered.
Exercise C. Actual Demonstration- Group in to two and perform actual arresting of person and
list down here the procedure done to arrest the suspect.
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Unit 16. Interview and Interrogation
Learning Outcome:
1. Discuss the characteristics of a productive interview
2. Explain the rules in the conduct of interview
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Gathering information relevant to the case does not only include the skills and
competency of the investigator but as well as the proper and timely preparation in doing
interview. Keep in mind that interviewer’s should be versatile or flexible in handling different
types of personality as this will allow him to gather relevant facts in line with the commission of
the crime. Some of these important things that investigators must remember are as follows:
Case Review- investigators must review relevant facts about the case before proceeding with the
interview of the interviewee. This will allow him to capture all the necessary detail while doing
the interview as well as to prevent the loss of vital information to which the interviewee possess,
Build Rapport- this means that investigator needs t communicate properly and bring the
interviewee to attention in establishing a good communication in order to proceed with cognitive
interview. Rapport refers to the good relationship establish between interviewer and interviewee
as a result of their mutual understanding in solving the case . As an effect, investigators can do
cognitive interview wherein interviewee can provide all the relevant facts of the case under
investigation through narration of his accounts and upon the aid of effective interviewing
techniques;
Simple question- this means that investigator should not allow interviewee be confuse.
Confusing questions make it difficult for interviewee to understand to understand and provide
accurate answer
Avoid implied answer- this means that investigators must not allow a question answerable by
either “yes or no”. If it’s the case, this will limit the perspective of the interview and
investigators may omit some important facts of the case;
Avoid Leading Question- as much as possible, avoid leading questions as this will redirect
interviewees mind and will focus only to matters which investigators ask. However, this may be
useful in interviewing child witness
One question at a time
Good closure- investigator should be courteous and kind to the interviewee as further set of
interview is possible. Don’t allow interviewee to put grudge against you.
Moreover, in dealing with multiple suspects, investigators should remember to separate them
immediately as this will create the suspects to create a strong alibi. Alibi is define as a form of
explanatory statement made by the suspect in order to exclude him from being investigated or to
give justification to his presence or absence in a certain which has a logical connection to the
case.
Interrogation
Successful investigation of the case cannot be done without the suspect being
interrogated. Sincce interrogation of suspect is the usual and classic scenario done to obtain
strong information, however, investigators should be skilled enough as it is expected that
suspect will not speak anything which will implicate them to the crime they have committed.
Preliminary Preparation
Investigators should identify him before the conduct of interrogation and must allow the
subject to know the purpose of the same. The term subject refers to the person who is place for
interrogation.
As discuss in the previous chapter, the subject here must be appraise of his
constitutional rights as any confession made without such appraisal will be inadmissible as
evidence in court.
Interrogation Techniques
Interrogation techniques refers to the method employed by the interrogator in
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questioning and eliciting relevant facts necessary for the conviction of the suspect.
In addition, investigators must employ appropriate and suitable interrogation styles
depending on the type of suspect. Some of these techniques are:
Strong approach- interrogator projects a hostile personality towards the subject to create anxiety
and fear in order to confess.
Friendly approach- interrogator manifest a sign of friendliness and offer help towards the
subject.
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Activity 1. Evaluation
Do you think there are other qualities that the investigator must possess? What do you think are
these qualities? Enumerate and why.
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Unit 17. Confession and Admission
Learning outcome:
1. Differentiate confession from admission\
2. Explain the effect of confession in the criminal investigation
The main objective of interrogation is to obtain confession from the subject. Confession is
define as the direct acknowledgment of guilt of the suspect with respect to his participation
concerning the commission of a crime. As oppose to Admission, which is define as the
acknowledgment of fact of some elements of the crime and is not tantamount t confession.
In order, for a confession to become valid, the following requirements must confer such that:
The person making the confession was appraise of his constitutional rights as provided by
Miranda doctrine such that he has the right to remain silent and anything he will say can be used
against him, and be provided with an independent and competent counsel
If the person making the confession waive his right, it must be done upon a valid waiver with
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the assistance of a counsel. Waiver refers to a document sign by the person making the
confession renouncing all his rights as provided by the constitution.
There was no third degree use. Third degree simply means as the use of physical force ,
intimidation, threat or any other similar means done to obtain confession.
However, Miranda warning needs not to be applied in cases where the confession was done
voluntarily or made spontaneously such that:
The person was running to the police station and suddenly spoke out the he killed a person
The person who suspect for fingerprinting or be taken handwriting sample or doing line-up for
sobriety test
Field questioning or in the crime scene
Roadside questioning or any traffic stops
Any other minor violations.
Activity 1. Analysis
What do you think is the effect if confession is made without appraisal of the persons
constitutional rights?
Assessment.
Exercise A. Application. Choose the word that will fit the statement below. Write your answer
on a space provided.
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If information is data, then field inquiry is_______________.
Exercise B. Role Playing – Pick a partner and present a scenario of interrogation with the
suspect. List down the things that you need to consider before doing the actual interview.
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Unit 18. Introduction to Intelligence
Intelligence has been defined as the end product resulting from the collection, collation,
evaluation, analysis, integration, and the interpretation of all available information.Intelligence
is processed information.
Learning Outcome:
1. The student will be able to understand the concept of intelligence.
2. Understand the nature of intelligence.
3. Identify the different categories of intelligence.
Pretest.
1. Discuss the difference between Military and Police intelligence? 10 pts.
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4. What is the principle of intelligence operations? 5pts
Discussions:
Intelligence is said to be crucial to internal security because it provide us with advance warning
of insurgent activity. It can provide with detailed knowledge of the insurgent organization, its
personnel, plans, and tactics. It is essential to all operations because internal defense operations
directed against armed insurgents, their underground organization, and their support system
including its human and material resources. It is also said to be a responsibility of all
government agencies because much of the information required for intelligence purposes could
best be provided by civilian governmental agencies, which are primarily concerned with public
administrative activities. Military and Police intelligence activities must be integrated within the
overall intelligence program of the government in much the same manner that police operations,
civic action, and psychological operations must be integrated within overall governmental
program.
Intelligence of the government must be superior to that of the enemy because the struggle
between a subversive insurgent organization and the constituted government of a nation has
sometimes been called an intelligence war. The government must not only deny the insurgent
the intelligence he needs to succeed but it must also retain positive intelligence concerning the
insurgent organization and all factions within the population in order to identify and locate
subversive elements.
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DEFINITION OF TERMS
CATEGORIES OF INTELLIGENCE
Tactical Intelligence
Strategic Intelligence
Counterintelligence
1. Intelligence is continuous
- All intelligence activities follow a simple continuous intelligence cycle. At the same
time at any level of command. The term intelligence officer includes all the different levels of
classification when PS I&I and I, PPO S2 or PRO RIID and DI and emphasized techniques and
considerations which are primarily applicable to the I&I officer.
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Four (4) Axioms of Intelligence
Axioms are facts that require no proof because truth of these statements is obvious.
STRATEGIC INTELLIGENCE
- Deals with political , economic and military capabilities and vulnerabilities of all
nations.
TACTICAL INTELLIGENCE
- Concerned with the effects of the enemy, weather or terrain on enemy and friendly
operations. It deals with capabilities rather than intentions. It offers the tactical commander the
answer to questions concerning the enemy’s capabilities and conditions.
- Focuses directly to a specific operation.
BASIC PRINCIPLE OF INTELLIGENCE OPERATIONS
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4. Intelligence must be timely - Best intelligence is worthless if it does not reach the user in
time for appropriate consideration or action. Sometimes, sacrifice of completeness and accuracy
may have to be accepted because of situations require decisions to be made immediately before
intelligence can be produced. The user must be advised of the completeness and accuracy.
5. Intelligence operations must be flexible - Intelligence operations are based on reason and
sound judgment and procedures must adapt to given situations.
6. Intelligence operations require imagination and foresight - Policies and procedures with
limit imagination or initiative are avoided; acceptance and satisfaction with continuance of the
current situation can one lead to disaster.
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Learning Activities
Activity 1: Discuss the difference between the strategic and tactical intelligence in relation to
police intelligence operations. (Minimum of 100 words) 20pts.
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Activity 2. Identification: 2 pts. each
____________________ 1. It is an unprocessed information or raw data.
____________________ 2. It is inseparable from intelligence. It makes valuable contributions
to the overall production of intelligence.
____________________ 3. Intelligence operations and tactical operations are
_____________ - intelligence operation is an integral part of the operation of all units.
Success of the mission is dependent on the quality and effectiveness of intelligence.
____________________ 4. Facts that require no proof because truth of these statements is
obvious.
____________________ 5. one who gives information for a reward or price.
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Assessment: Essay
Instruction: Explain the following: (In your own idea minimum of 100 words per terms) 10 pts
each.
1.Tactical Intelligence -
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2.Strategic Intelligence
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3. Intelligence is timely-
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Unit 19. Intelligence Cycle and Management
Intelligence Cycle – cyclical steps followed from intelligence planning to the dissemination of
processed information. It is a repetitive process used to produce intelligence from information.
Learning Outcome:
At the end of this unit, you will be able to:
*Identify the phases of the intelligence cycle.
*Understand the relationship between intelligence cycle.
Pre-test. Identification
Identify the following intelligence cycle according to each functions.
1. those intelligence requirements for which a commander has an anticipated and
stated priority in his task of planning and decision-making. It is the highest Intelligence requirements
and are the basis for intelligence operations and are personally approved by the commander.
2. product of requirement analysis that are required of collection units or
agencies in the formal of orders or requests.
3.systematic exploitation of sources of information by collection agencies and
the delivery of the information obtained to the proper intelligence unit or agency.
4. generalized theoretical action that an enemy might be expected to take in
preparation for aggressive action that are things or events that transpired in the past or things or events
that are presently occurring.
5.systematic exploitation of sources of information by collection agencies and
the delivery of the information obtained to the proper intelligence unit or agency.
6.any person, object or record used by an investigator in conducting
investigation.
7. those that are obtained without resorting to special effort or
clandestine operation.
8. reduction of information to writing or some other form of graphical
representation and the arranging of information into groups of related items.
9.those that are not obtained openly as described above.
10.determination of the pertinence, reliability and accuracy of the information.
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Discussion
MISSION
Steps:
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Other Intelligence Requirements – those items of information regarding the enemy and his
environment which need to be collected and processed in order to meet the intelligence
requirements of the commander.
Specific Order Requests (SORs) – product of requirement analysis that are required of
collection units or agencies in the forma of orders or requests.
E. Determine the collection agencies together with the time and place the information is to be
reported/supervising the execution of orders and requests.
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Police Information Collection Activities
Kinds of Informer
a. Common or ordinary
b. Confidential
Kinds of Informant
a. Confidential
b. Voluntary
c. Involuntary
d. Special
e. Anonymous
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3. Processing of Information
Steps involved in the processing of information
A. Recording – reduction of information to writing or some other form of graphical
representation and the arranging of information into groups of related items.
Pertinence – determination of the area of operation and who needs it, if so by whom and
when.
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Reliability of Source:
A – Completely reliable D – Not usually reliable
B - Usually reliable E – Unreliable
C- Fairly reliable F – Reliability cannot be judge
Accuracy of Information:
1 – Confirmed by other sources 4 – Doubtfully true
2 – Probably true 5 – Improbable
3 – Possibly true 6 – Truth cannot be judged
Sources of Information:
T – Direct observation by the commander of a unit
U – Report by a penetration agent or resident agent
V – Report by an AFP trooper or PNP personnel in encounter or operation
W – Interrogation of a captured enemy agent or foreigner
X – Observation by a government or civilian employee or official
Y - Observation by a member of a populace
Z - Documentary
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Activities involved in Interpretation of Information
3. Deduction – designed to answer the question “what does this information means in
relation to the enemy situation, weather and area of operation.
Considerations:
a. Timeliness
b. Propriety
Methods of Dissemination
a. Personal Contact –conferences, briefings, person to person exchanges
b. Messages – couriers, secured electrical means
c. Intelligence Documents
1) Intelligence Reports
2) Intelligence Summaries
3) Imagery Interpretation Reports
4) Document Analysis Reports
5) Periodic Intelligence Reports
6) Tactical Interrogation Reports
7) Technical Intelligence Report
8) Technical Intelligence Bulletin
9) ORBAT Handbook
10) PACREP
11) Intelligence Annexes
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SUMMARY :
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Learning Activities
Activity 1. Bridging Questions:
What are the activities of police in relation to the means of information as far as
collection of information?
What are the methods of Dissemination as part of the phases of intelligence cycle?
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Assessment.
Exercise A. Application. Choose the word that will fit the statement below. Write your answer
on a space provided.
Activities, Pertinence, Truth, Conducting, Conferences,Situation
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