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Fundamental of Criminal Investigation and Intelligence
Fundamental of Criminal Investigation and Intelligence
Fundamental of Criminal Investigation and Intelligence
Criminal Investigation
and Intelligence
(CDI 1)
LESSON PROPER
NAME:
SECTION:
Module 1: Criminal investigation
Criminal Investigation
Is a legal inquiry caused by complaint and it is conducted to follow-up, examine, trace, track and search
the facts concerning the commission of a crime through patient, stepby-step and meticulous observation
(Sadili and Pena 1998).
INVESTIGATE (Merriam–Webster Dictionary) “The word investigate is derived from the Latin word
“vestigare” meaning to track or trace, a derivation easily related to police investigation.”
CRIMINAL INVESTIGATION AS A LEGAL INQUIRY covers the identification of suspect and the
circumstances of the crime by careful evaluation of all variable pieces of evidence until the perpetrator is
brought to bar of justice, and the innocent relieved from any false accusation.
SCIENCE
Modern day criminal investigators often apply scientific knowledge, based on fixed
principles. (Rigid rules)
ART
According to Hans Gross, criminal investigation is 95% perspiration, 3% inspiration and
2% luck. Investigators should not only depend on inspiration or luck or else they will fail
95% in their investigation. 100% effort must be exerted because inspiration or luck may
never come in his way.
PROCESS
Since it requires patient, step-by-step (systematic) and meticulous (careful and thorough)
examination of something or somebody in relation to a criminal incident.
Sympathetic Appeal
The suspect may feel the need for sympathy or friendship.
Kindness
The suspect will confess if he is treated in a kind and friendly manner.
Extenuation
The investigator does not consider his subject’s discretion a grave of offense
Collection
Collection of facts, information, information, evidence etc
Preservation
Preservation of Forensic value (legal integrity
Evaluation
Evaluation of collected evidence and the case
Presentation
Mode
Method
Reactive Mode
- Upon filing of the criminal complaint
- Address the crime that has already been committed
Proactive Mode
- Self-initiation by concerned or directly involved police personnel
Preventive Mode/Response
- Once the police have become aware of a crime in progress.
- Prompt arrest; aggressive prosecution; immediate justice
ANATOMY OF CRIME
Motive
refers to the reasons or causes why a person or group of persons perpetrate a crime.
Instrumentality
It is the means or implement used in the commission of the crime.
Opportunity
Consists of the acts of omission and/or commission by a person (the victim) which
unable other person or group (the criminals/s) to perpetrate the crime.
Module 2: Three Tools of Crime Investigation
Information
- Is the data gathered by the investigator from other person including the victim himself/herself, witness,
suspect and from public record, private records, and modus operandi files. (Mode or style of committing a
crime)
- One who supplies linguistics data in response to interrogation is called INFORMANT or INFORMER
(ASSET)
DISTINCTION BETWEEN THE INFORMANT AND INFORMER INFORMANT
Informant
o is any person who furnishes the police and information relevant to a criminal case about
the activities of a criminal or a Syndicates. The informant did not receive any reward.
Informer
o Is any person who gives or furnishes the information to the police with a reward.
Confidential Informant
o Is any person who does not want to be identified and provide the police with confidential
information concerning a past crime or a planned crime.
Secondary Sources
o Refers to the informant whose declaration is within the domain of the hearsay rule, hence,
inadmissible as evidence in court.
Note!
Anybody can be an informant but not all informants are competent or their declaration is relevant
and material to the case being investigated.
Can a mere suspicion be a basis of an arrest?
Dictionary define suspicion as being the imagination of existence of something without proof, or upon
very slight evidence or upon no evidence at all.
- Those intelligence requirements for which a commander has anticipated and stated priority in
his task of planning and decision making.
- Those items of information regarding the enemy in his environment which needs to be
collected and processed in order to meet the intelligence requirements of the commander.
Specific Order Request (OIRs)
- Product of requirement analysis that required collection units or agencies in the form of orders
and request.
E. Determine the collection agencies together with the time and place the information is to
be reported/supervising the execution of orders and request.
Collection of Information
Systematic exploitation of sources of information by collection agencies and delivery of the
information obtained to the proper intelligence unit or agency.
A. Routing Patrol
B. Surveillance
C. Criminal Investigation
D. Search and Seizures
E. Check points
F. Interrogations
G. Interviews and Elicitation
a. OPEN SOURCE – those that are obtain without r resorting special effort or clandestine
operation.
b. NON-OPEN SOURCE – those that are obtained openly as above.
Kinds of informer
a) Common or Ordinary
b) Confidential
Kinds of informant
a) Confidential d) Special
b) Voluntary e) Anonymous
c) Involuntary
Use of Informant
a. Maximum Benefit – the use of informant should benefit the entire organization, not only by one
officer/investigator.
b. A designated executive should aware of the identity of the informer (asset), at least two (2)
individuals in the law enforcement agency should know the identity of the confidential informant.
c. Consider a program within your respective commands for the development of informants.
Processing of Information
Steps involving in the processing of information:
A. RECORDING – writing of graphical representation and arranging of information into groups or
related items.
Means of Recording information:
a. Intelligence Journal – chronological log of activities covering 24 hours
b. Intelligence Workbook – aid in sorting, evaluating and interpreting an information
c. Enemy Situation Map –graphic representation of the current enemy situation
d. Order of Battle Records/ Watch List
e. Coordinate Register
f. Identification Files – files of personalities in crimes, location of illegal and suspected activities.
B. EVALUATION– determination of the pertinence, reliability and accuracy of the information.
Pertinence – determination of the area of the operation and who needs it, if so by whom and when.
Reliability – determination of the sources of information by which it was collected and evaluated.
Accuracy – Probable truth of the information
DATE OF REPORT
• Date of report is written.
DATE OF INFORMATION RECEIVED
• Date of information was received.
LOCATION AND SUBJECT
• Place where the information is about and conveys what information is about.
EVALUATION AND SOURCE
• This is not the so the different incidents that transpired in the area.
C. INFORMATION TRANSMITTAL SHEET – a report containing a summary of information
transmitted to specific user of information
D. PRIORITY INFORMATION REQUIREMENT– information needed to address priority
requirements that will serve as the basis for action.
E. SPECIFIC REQUESTS/ORDER– a set of request/ orders given to intelligence units in order to
identify information gaps and answer specific information inquiries.
RECORDING
A. GENERAL
1. The recording means used must be adequate to handle and to serve the needs of those who must have
access to it.
2. Commonly aids currently used in recording are the following:
a. Intelligence Journal
b. Intelligence Map
c. Intelligence Workbook
d. Intelligence Files
e. Coordinate Register
B. JOURNAL
- The journal is a permanent chronological record of reports and messages that have been received and
transmitted of important events that have occurred, and of actions taken in response, covering a stated
period usually 24 hours.
C. SITUATION MAP
- The purpose of intelligence situation map is to contribute sound decisions.
D. THE INTELLIGENCE WORKBOOK
- The purpose of intelligence situation map is to contribute sound decisions.
E. INTELLIGENCE FILES
- These files are ready to access to look for the available information
F. COORDINATE REGISTER
- This is a recording device primarily designed to provide the intelligence files and workbook maintained
at a higher echelon
Order of Battle Intelligence
• Order of Battle (ORBAT) is the identification, strength, command structure and disposition of
personnel, unit and equipment of any threat force.
• In general, ORBAT intelligence specialist is responsible of all information concerning threat forces.
RELATIONSHIP OF ORBAT TO OTHER INTELLIGENCE
A. Intelligence id developed in many fields outside the scope of ORBAT, but all intelligence is ultimately
related to it.
B. Enemy intelligence organizations are primary interest to counter intelligence, but as a part of military
organization, they are also interest to ORBAT Battle analyst, SIGINIT contribute to the development of
ORBAT and other information.
ORBAT ELEMENTS OF FACTORS
1. Composition
• It is the identification and organization of unit.
2. Disposition
• Refers to geographical area or position occupied by a unit.
3. Strength
• Describes a unit of force in terms of men, weapons and equipment.
4. Tactics
• In ORBAT includes tactical doctrines as well as the tactics employed by a unit
5. Training
6. Logistics
7. Combat Effectiveness
8. Personalities
9. Electronic Technical Data
10. Miscellaneous Data
Dissemination and Use of Intelligence and Information
I. DISSEMINATION – is defined as the timely conveyance of information and/or intelligence in
appropriate form and by suitable means to those who need it. The primary purpose of timely
dissemination of intelligence is to enable the commander to make decision with confidence;
secondary purpose is to provide knowledge in the light of which new information may be
processed. Intelligence used in the same manner at all echelons
Dissemination of intelligence information usually made by the following:
- Personal Contact
- Oral reports
- Briefing
- Written reports
II. SPOT REPORTS – are one-time reports used by all echelon to transmit intelligence or information
of immediate value.
III.INTELLIGENCE REPORT (INTREP) – is a standardized intelligence report which based upon its
important and disseminated without regard to a specific schedule.
IV. SUPPLEMENTARY INTELLIGENCE REPORT (SUPINTREP) – is a comprehensive review
concerning information on one or several specific intelligence targets
V. INTELLIGENCE SUMMARY (INTSUM) – contains a brief summary of information of
intelligence interest covering a period of time designated by commander.
VI. PERIODIC INTELLIGENCE REPORT (PERINTREP) – is a summary of intelligence situation
for specified period, normally 24 hours in a tactical situation. The PERINTREP is a means of
disseminating detailed information and intelligence.
VII. INTELLIGENCE INTERROGATION AND TRANSLATION– it reports a summarize results of
the interrogation of POW’s civilian detainees or refugees, and translation or summaries of captures
enemy documents.
Interview and Interrogation
INTERVIEW AND INTERROGATION are one and the same creatures in interrogation. Both are by
oral and therefore unwritten. Both are preliminary inquiries that may ripen to written interrogation. Both
have common thrust and purpose to determine whether the witness is credible or incompetent, or whether
one is purveyor or truth or peddler of lies.
INTERROGATION
- The rigid and skillful questioning of a person suspected of having committed an offense . A friendly and
sympathetic questioning is called INTERVIEW. If the questioning is hostile, the preferred term is
INTERROGATION.
Requirements for a Good Interview and Interrogation
1. Know all the available facts of the case.
2. Know all the applicable law (and court decisions interpreting that law.)
3. Go to the crime scene and have the first-hand knowledge to check, among others, on the veracity of an
alleged eyewitness.
4. For complicated cases, prepare a checklist of questions to be asked.
5. Schedule your interview and interrogation on a date and hour when it will not conflict with your other
activities.
6. Be sure you have enough sleep and are relaxed at the time of the interview or interrogation.
7. Select the right place. The best place is your own turf (your office).
8. Observe proper sequence and timing.
9. Observed privacy. Keep out unnecessary persons.
10. Resort to tested methods of making one talk.
A preliminary interrogation where you point out lies or inconsistencies after every false answer of a
suspect is a softening processes to breakdown his resistance. It gives him an impression that you know
already the facts and that the only purpose of questioning him is to see if he will tell the truth.
Field Inquiry – it is the general questioning of all persons who were present at the scene of the crime.
There is no need to warn the person being interviewed about RA 7438 (Custodial Investigation)
considering the fact that is not part of custodial processes.
PURPOSE OF INTERROGATION
To obtain information concerning the innocence or guilt of a suspect
To obtain a confession to the crime from a guilty suspect
To induce the suspect to make admissions
To know the surrounding circumstances of a crime
To learn the existence of location of physical evidence such as documents or weapons.
To learn the identity of the accomplices/accessories
To develop information leading to the fruits of the crime
To develop additional of any other crime in which the suspect participated.
Module 4: Tactical Interrogation
TACTICAL INTERROGATION
The art of questioning and examining a source to obtain usable information in the shortest possible time.
It involves the interaction of two (2) personalities – the source and the interrogator.
PRINCIPLES OF INTERROGATION
A. OBJECTIVE
- Each interrogation must be conducted for a definite purpose. Interrogator must keep his objective in his
kind as he proceeds to obtain the maximum amount of usable information to satisfy the requirements thus,
contribute to the accomplishment of the mission.
B. INITIATIVE
- Initiative must rest with the interrogator throughout the entire session.
C. ACCURACY
- Interrogator must make every effort to obtain accurate information from the source. He must be certain
that he understands the source correctly by repeating questions at a varying intervals.
D. SECURITY
- The interrogator by virtue of his position possesses much classified information. He must be constantly
aware that his job is to obtain information, not impart to the source.
E. PROHOBITION AGAINST THE USE OF FORCE
- The use of force, mental torture, threats, insults or exposure to unpleasant and inhumane treatment of
any kind prohibited by the law and no authorized or condoned by the PNP.
INTERROGATOR’S PERSONAL QUALITIES
1. MOTIVATION – he should look forward to start the interrogation and must be content with the source
will cooperate. He must have the will to do his job.
2. ALERTNESS – he must aware of the shifting attitude that normally characterize a source’s reaction to
interrogation. He must note the source’s every gesture, word and voice inflection.
3. PATIENCE AND TACT – this quality assist in creating and maintaining favorable atmosphere
between him and the source thereby enhancing the success of the interrogation.
4. CREDIBILITY – failure to produce material rewards when promise may affect future interrogations,
thus the interrogator must maintain credibility with the source.
5. OBJECTIVITY – he must have the ability to maintain a dispassionate attitude regardless of emotional
reactions he may actually experience or which he may stimulate during the interrogation.
6. SELF- CONTROL – he must have the exceptional degree of self-control to avoid display genuine
anger, irritation, sympathy or weariness.
7. ADAPTABILITY – he must be able to adapt himself to many varied personalities, which he will,
where he can smoothly shift his techniques and approaches. He must be able to adapt operational
environment since he will, in certain cases be required to function under a variety of unfavorable physical
condition.
8. PERSEVERANCE – a tenacity of purpose will make the difference between good and superior
interrogator.
9. APPEARANCE AND DEMEANOR – a neat, organized and professional appearance will favorably
influence the source. A firm, deliberate and businesslike manner of speech and attitude will create a
proper environment for the conduct of a successful interrogation.
SOURCES
CATEGORIES OF SOURCES
Module 5: Types of Interrogation
Types of Interrogation
DIRECT – source is aware that he is being interrogated but may not learn the true objective of the
interrogator, likened to cross-examination in court. This type of is less time consuming, thus frequently
used. Example: Interview
INDIRECT – obtaining information through deception extracting usable information from a source
without realizing he is under interrogation. This requires careful planning, extreme discretion and skillful
application. This method is frequently employed at the higher echelons with selected sources that are
thought to possess valuable information.
Interrogation Techniques
Direct Approached
No effort to conceal the purpose of interrogation
Futility Technique
The interrogator convinces the source the futility of resistance. Interrogator must be aware of the source’s
psychological and moral weaknesses.
Incentive Technique
This technique is based on the application on direct physical discomfort upon a hostile source but lacks
will power. The source may display fondness of luxury items as he may give or withhold such items at his
discretion.
Repetition Technique
Used to introduce to cooperation to a hostile force. In one variation, interrogator listen carefully and then
repeat both question and answer several times.
Silent technique
This is employed against nervous or confident source by interrogator by saying nothing and looking
squarely in the eyes with a slight smile.
Change of scene
The idea in using this approach is to get the source away from the atmosphere of interrogation setting, and
maybe well effective to those who are apprehensive or frightened types.
Emotional technique
Through observation, interrogator identify the dominant emotions that can motivate the source like greed,
love, revenge, hate or one of the many human emotions.
Emotional Appeals
Place the subject in a proper frame of mind. The investigator should provide emotional stimuli that will
prompt the subject to unburden himself by confiding
Sympathetic Approach
The suspect may feel the need for sympathy or friendship. He is apparently in trouble. Gestures of
friendship may win his cooperation.
Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind and friendly
manner.
Extenuation
The investigator indicates he does not consider his subject’s indiscretion in a grave offense.
“Make him admit something, no matter how small or trivial. Usually the first admission will lead to
another. In securing the first admission is the biggest stumbling block in dealing with tough suspect.”