MODULE 5

Lessons objective:

1. Discuss the importance of proper evaluation, preservation and releasing of

evidences
2. Discuss the purpose of reconstructing the crime.
3. Explain the purpose of warrant of arrest.
4. Differentiate arrest with warrant and warrantless arrest

Evaluation, Preservation, and Releasing of Evidence

Evaluation of evidence – refers to the process of assessing the significance of individual

evidence that should be subjected for further examination such as transmittal of
firearm to crime laboratory for ballistic examination or transmittal or electronic
devices such as cellphones and laptops to Anti-Cyber Crime Group for digital
examination.

Preservation of evidence – refers to the measures employed in order to maintain,

protect, and safeguard the original state of physical evidence from the time it was
collected up until the time it will be released 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.

Evidence custodian – is the person who take charge with the responsibility and control
in handling and disposal of evidence.

Releasing of evidence – 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 – defined as 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. It includes the list of all
personnel who handled the evidence from collection until court presentation.

Safekeeping – refers to the security or protection of physical evidence.

The following should be noted in adherence to the standard procedures in maintaining

the chain of custody such as:

1. Proper recording r areas or location from which evidence was gathered.

2. Proper marking of evidence for accurate identification
3. Completing the evidence submission form for laboratory analysis.

Evidence log – any material upon which the writing or note taking is done to keep and
maintain the record and disposal of evidence. This will guide the investigator as to who
are the persons who handle and possess whatever physical evidence are transmitted.

Release of the Crime scene is defined as the discharge of the crime scene from 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:

1. All physical evidence must be properly marked, tagged, and labelled.

2. Ensure that proper inventory of all items is done
3. Error should not be entertained as there is only one chance to process the
crime scene
4. Release the crime scene only after the final survey and proper documentation.
Final survey 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.

Reconstructing the Crime

Crime scene reconstruction is defined as the scientific ability of investigators to make

useful observations of physical evidence in the crime scene through a 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.

To properly reconstruct the crime, the following stages should be observed to arrive at
a more convincing explanation as to how the crime was committed:

1. Appreciation – is the process of recognizing the potential evidences 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 groups of standards from the one
collected at 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
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 be noted that crime reconstruction is different from crime scene reenactment
and crime scene recreation.

Crime scene reenactment – is the process of reenacting and portraying the crime
incident based on their previous knowledge regarding the event by having the offender,
victim or witness to play such role.

Crime scene recreation – is the process of substituting necessary items or actions at

the crime scene through the use of what is documented or with the aid of investigators
log.

MODUS OPERANDI AND PROFILING OF SUSPECTS

Modus operandi – refers to the manner and methods employed or used as well as the
sequence of various actions taken by the perpetrator in committing the crime. It is
otherwise known as the method of operation.

Profiling – defined as the psychological process of establishing the characteristics of

the most likely individual who might have committed the crime based on the
evaluation of the crime scene and the placement of physical evidence.
Rouges gallery – refers to the compilations of photographs of known criminals.

Cartographic sketch – refers to the composite drawing of a suspect’s face done by an

artist to assist police investigators in establishing the identity of the person who might
have committed the crime.

WARRANTLESS ARREST AND DETENTION

Arrest – referred to as the taking of person suspected to have committed an act to

which the law defines it as a crime into the custody of any law enforcement agencies
who has the authority to do so in order to answer queries in line with matters
concerning the commission of the crime.

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 offense.

Warrant of arrest – defined as the 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 a
warrant.

Warrantless arrest – define as the arrest by any law enforcer without the benefit of a
warrant. Arrest without a warrant is possible provided that either of the following
circumstances is present:

1. In flagrante delicto –caught in the act, that the person to be arrested is about to
commit, actually committing, or have just committed an act to which the law
defines it as a crime in the presence of the person who will make the arrest.
2. Hot pursuit operation - That the person to be arrested have committed an act to
which the law defines it as a crime and the person making the arrest have
probable cause that the same person is probably guilty of a crime.
3. Escapee – that the person to be arrested is one who escape from penal
confinement.

Inquest proceeding will be done if the person was arrested without the benefit of a
warrant. This is conducted to ensure that the arrest made is legal and in accordance
with the law.

Inquest – defined as the informal and summary investigation conducted by public

prosecutor in a criminal case involving person arrested without the benefit of a
warrant to determine if the person so arrested should remain under custody and be
charged accordingly.

RULES IN MAKING ARREST

In making arrest, the Rule of Court provides the following guidelines such that:

1. It should be made by an actual restraint of a person to be arrested or,

2. By submission of the person to be arrested to 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:

1. Not to use any unnecessary force

2. 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.
Execution of warrant simply means as carrying out the duty to find the person whose
name was written in the warrant and cause his arrest and detention.

In executing the warrant, the following should be observed:

1. A warrant can be executed either during day and night

2. The person making the arrest shall inform the person to be arrested that a
warrant has been issued for his arrest
3. 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:

1. The person flees;

2. The person forcibly resisted
3. It will hamper successful arrest of the person.

Moreover, if the person whose name appeared in the warrant cannot be located or
traced within 10 working days upon its receipt, the law enforcer task to execute the
warrant shall make a report to the judge who issue the same, explaining the reason/s
for the failure to arrest the person within the time given by the court.

CUSTODIAL INVESTIGATION AND DETENTION

Any person arrested and brought before the custody of the law is presumed innocent
until proven to be guilty. The person has the same right as any ordinary individual in
order to protect the interest of an ordinary individual as well as prevent any abuses
from law enforcers. These rights must be observed as any violations may result to the
dismissal of the case.

In Philippines, the right of the person arrested is originally defined under the Bill of
Rights of the 1987 Philippine Constitution (Section 12, Article III) such that any
person lawfully arrested and under investigation for the commission of a crime shall
have the following rights:

1. Right to remain silent

2. Right to have independent and competent counsel, preferably of his own choice
3. Right to know the nature and the cause of accusation against the person

In addition to the above rights, the state enacted the statutory law of RA 7438 which
provides further the process of obtaining a confession to any person detained or under
custodial such that:

1. The person detained or under the custodial investigation shall be assisted by a

counsel at all times
2. The recital of his rights shall be in the dialect known and understood by the
person detained or under custodial investigation
3. The custodial investigation report shall be reduced into writing by the
investigating officer and explained to him by his counsel before it will be signed
by the same.

Extra judicial confession – confessions made by an arrested or detained person while

under the custody of law and is done outside the court.

Custodial investigation – 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.

Custodial investigation report – is the document prepared by the investigating officer

during the investigation process containing all necessary information about the
confession of the person brought before the custody of law.

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:

1. Detention of any person without legal grounds

2. Delay in the delivery of detained person to the proper judicial authority
3. Delaying release

In relation to arrest, any person arrested without the benefit of warrant (warrantless
arrest) shall be released subject to the gravity of the offense to have committed such
that:

1. 12 hours, if the person committed a light felony

2. 18 hours, id the person committed a less grave felony
3. 36 hours, if the person committed a grave felony.

MODULE 6
Lesson Objective:

1. Discuss the characteristics of a productive interview

2. Explain the rules in the conduct of interview
3. Discuss the relevance of interrogation
4. Differentiate interview from interrogation

INTERVIEW AND INTERROGATION

Investigative Interview

In order to attain a productive investigation, investigators must be knowledgeable and

skilled in gathering information. One way of gathering information is done through a
successful interview of witnesses, complainants or victims, and interrogation of
suspects or any person accused of a crime.

Information – any data gathered in the course of investigation which will serve as a
foundation in solving the case.

Field Inquiry – simply means as the general questioning of all people present in the
crime scene. This is done in order to give investigator an idea as to the extent of the
crime committed.

Interview – is a form of questioning style which involves the use of strong appeal or
aura in order to gather information among persons who may have direct involvement
of the crime.
 - Interview is commonly done among the witnesses, complainants and victims of
the crime.

Interrogation – is usually done among those persons suspected to have committed a

crime or those hostile witnesses.

Characteristics of Productive Interviewer

1. Self-reliance – this means that investigators must be confident in doing the

interview while at the same time conscious in listening to the interviewee.
Interviewee – is the person under interview
2. Adaptability – this means that investigators must be flexible in different
situations and be able to do the interview at the interviewee’s convenience.
3. Perseverance – this means that investigators must endure all obstacles that
may come before the process f interviewing the interviewee.
4. Optimistic – this means that investigators must be positive in dealing all
possible interviewee’s that may be called before him
5. Patience – this means that investigators must exert all possible effort to
maintain a good attitude in handling the interview as well as the ability to work
under pressure.

Rules in Interview

1. Case review – investigators must review the relevant facts about the case before
proceeding to the interview of the interviewee. This will allow him to capture all
unnecessary detail while doing the interview as well as prevent the loss of vital
information to which the interviewee possess.
2. Build rapport – this means that the investigator needs to communicate properly
and bring the interviewee the attention in establishing a good communication in
order to proceed with cognitive interview.
Rapport – refers to the good relationship between the interviewer and the
interviewee as a result of their mutual understanding in solving he case.
3. Simple question – this means that investigators should not allow the
interviewee to be confused. Confusing questions can make it difficult for the
interviewee to understand and provide accurate answers.
4. Avoid implied answer – this means that investigators must not allow a question
answerable by either “yes or no”. If that is the case, this will limit the
perspective of the interview and investigators may omit some of the important
facts of the case.
5. Avoid leading question – as much as possible, avoid leading questions as this
will redirect interviewee’s mind and will focus only to matters which
investigators ask. However, this may be useful in interviewing child witness.
6. Do not ramble – this simply means that investigators should ask one question
at a time.
7. Good closure – this means that investigators should be courteous and kind to
the interviewee as a further set of interview is possible. Do not allow interviewee
to put grudge against you.

Interrogation

Successful investigation of the case cannot be done without the suspect being
interrogated. Investigators must be skilled enough as it is expected that the suspect
will not speak anything which will implicate them to the crime they have committed.

Preliminary preparation

Investigators must introduce himself before the conduct of interrogation and must
allow the subject to know the purpose of the same.
Subject- refers to the person who is placed for interrogation.

Interrogation techniques – refers to the method employed by the interrogator in

questioning and eliciting relevant facts necessary for the conviction of the suspect.

1. Strong approach – interrogator projects a hostile personality toward the subject

to create anxiety and fear in order to confess.
2. Friendly approach – interrogator manifests a sign of friendliness and offer help
towards the subject.

Confession and Admission

Confession – defined as the direct acknowledgement of the suspect with respect to the
participation concerning the commission of a crime.

Admission – defined as the indirect acknowledgement only of some elements of the

crime and is not tantamount to confession.

In order for a confession to become valid, the following requirements must confer such
that:

1. The person making the confession must be appraised of his constitutional

rights as provided by the 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.
2. If the person making the confession wave his right, it must be done upon a
valid waiver with the assistance of counsel. Waiver refers to a document signed
by the person making the confession renouncing all his rights as provided by
the constitution.
3. There was no third degree use. Third degree simply means as the use of
physical form of intimidation, threat, or any other similar means done to obtain
confession.

Miranda warning need not to be applied in cases where the confession was done
voluntarily or made spontaneously such that:

1. The person was running to the police station and suddenly spoke out that he
killed a person
2. The person who subjected to firefighting or be taken handwriting sample or
doing a line up for sobriety test;
3. Field questioning or in the crime scene;
4. Roadside questioning or any traffic stops
5. Any other violations.

Information refers to the element of investigation necessary for gathering and

collection of data to include its progress as it moved forward in solving the case

In legal perspective, defined as accusation in writing, charging a person with an

offense, subscribed by the fiscal and filed in court.

In connection to intelligence, information is simply the raw data, this simply implies
that in the aspect of intelligence, information ae just pieces or its part. This pieces of
information are useless without being analyzed and evaluated so that they can be
disseminated and used by appropriate person.

INTELLIGENCE – refers to collated, analyzed, and evaluated information appropriately

acquired for a particular purpose.
Sources of information – is the network of data which can be linked or grouped in order
to obtain a concrete and reliable information based on the prevailing need or as the
need arises. Some of these common sources are:

1. People as source of information

a. Regular source – these are the information gathered through people who
have come directly to the attention of the police commonly the complainant,
witness or victim.
b. Cultivated source – these are information generally taken through the use of
informant or informer.
c. Grapevine source – these sources of information are gathered from those
who are in the underworld criminals or ex-convicts.
2. Record as source of information
a. Government records – these are sources taken from government agencies or
any of its instrumentality.
b. Private sources – these sources of information are usually taken from
different private entities and business organization, public utilities such as
water or electric bills, and all other private sectors.
c. Internet source – these modern source of information is done through
searching specific detail by typing the desired key r phrase in the different
search engine.

Types and motives of Informants

Informant – refers to any person who possess knowledge regarding crime, crime
syndicate, or ongoing criminal activity and provides information with the police with or
without consideration.

Informer – refers most specifically to those persons who are recruited or hired and
paid in regular basis just to provide information.

Below are the common types f informants:

1. Anonymous – these are unidentified or unknown informants and usually

provide information to the police through telephone or cellphones.
2. Double crosser – these are informants who provide information in order also to
gain information from the police. Worst, they acquire more information than
what they give.
3. False informant – an informant who provide false information or information
without bases.
4. Frightened informant – an informant who give information due to panic or
anxiety.
5. Mercenary – these are those informants who provide information in exchange
for a reward whether for money or any other consideration.
6. Self-aggrandizing – an informant who provides exaggerated information to the
police in order to gain advantage or attention.
7. Women – these are the most dangerous and difficult type of informants against
male subjects.

In addition, below are the common motives of the informant in providing information
such as:

1. Civic- mindedness – informant provides information as a sense of duty and

obligation to assist the police.
2. Fear – the person gives information due to oppression by enemies or other
impending danger.
3. Gratitude or gain – informant who provides information to obtain a privilege
toward the welfare of his family.
 4. Jealousy – the informant is pushed to provide information to the police due to
his resentment to the accomplishments or possessions of another.
5. Remuneration – a person informs the police for some pecuniary or other
material gain he is to receive.
6. Repentance – the informant provides information as a sign of regret for what he
has previously done.
7. Revenge – vengeance or retaliation is the sole purpose of the person in providing
information to the police.
8. Vanity – the person wants to gain favorable attention and importance from the
police.

Legal limitations in obtaining information

to protect the privacy of an individual citizen, the law prohibits certain police actions
such as the following:

1. Republic Act 4200 (Anti-wiretapping). Under this law, the following acts are
prohibited:
a. Tapping any wire or cable;
b. Using any other device or arrangement;
c. To secretly overhear, intercept, or record
d. Private communication/conversation or spoken word
e. Without the knowledge or consent of all the parties
2. Republic Act 10173 (Data Privacy Act). Under this law, the following are
prohibited:
a. Unauthorized processing of personal information
b. Accessing personal information due to negligence
c. Improper disposal of personal information
d. Processing of personal information for unauthorized purposes.
e. Unauthorized access or intentional breach
f. Malicious disclosure
g. Unauthorized disclosure