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Specialized Crime Investigation 1 With Legal Medicine
Specialized Crime Investigation 1 With Legal Medicine
INVESTIGATION 1 WITH
LEGAL MEDICINE
COMPILED BY:
M.C.P
SPECIAL CRIME INVESTIGATION
• Is a special study of modern techniques in
the investigation of serious and specific
crimes including murder, homicide, rape,
abortion, robbery, arson kidnapping,
blackmail, car napping and criminal
negligence
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SPECIAL CRIME INVESTIGATION
• The emphasis is on physical evidence rather than
an extra-judicial confession.
• Special crime investigation focuses on specific
crimes which by their nature are difficult and
complex to investigate
M.C PABLO FILES 2018-LSPU SINILOAN CAMPUS
CENTER OF FORENSIC SCIENCE, 2010 ANNUAL
REPORT IN THE PHILIPPINES
• The Types Of Services In Relation To The Solution Of Crimes Were
Approximately Were As Follows;
1.Biological Evidence (32%)
2.Toxicology (20%)
3.Chemistry (14%)
4.Fire Arms And Tool Marks (8%)
5.Documents And Photo Analysis ( 4%)
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6.Electronics (3%)
LEGAL SAFEGUARDS OF PERSON UNDER
CUSTODIAL INVESTIGATION
ARTICLE 3 BILL OF RIGHTS UNDER 1987 PHILIPPINE
CONSTITUTION
• Section 2. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and
the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
CONT..
• Section 12. (1) any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel.
CONT..
• (4) the law shall provide for penal and civil sanctions for violations of
this section as well as compensation to and rehabilitation of victims of
torture or similar practices, and their families.
R.A 7438
Is the law that defines the rights of persons
arrested, detained or under custodial investigation.
•R.A. 857 – is the old law that provides for the
rights of every person arrested. This was
amended by RA 7438.
CONT…
• Custodial investigation - shall include the practice of issuing an "invitation" to
a person who is investigated in connection with an offense he is suspected to
have committed.
• Assisting counsel. - Assisting counsel is any lawyer, except those directly
affected by the case, those charged with conducting preliminary investigation
or those charged with the prosecution of crimes. The fees to be paid for the
assisting counsel are the following:
• P150.00 = light felonies;
• P250.00 = less grave felonies;
• P350.00 = capital offense.
PROVISIONS OF RA 7438:
• A. Voluntary extra-judicial
• A confession made by the accused of his free will and accord, without
inducement of any kind, with a full and complete knowledge of the nature
and the consequence of the confession.
• B. Involuntary extra-judicial
• confessions obtained through force, threat, intimidation, duress or
anything influencing the voluntary act of the confessor.
THE EVOLUTION OF CUSTODIAL RIGHTS
MIRANDA VS. TEXAS ARIZONA
• In Miranda v. Arizona (1966), the supreme court ruled that detained
criminal suspects, prior to police questioning, must be informed of their
constitutional right to an attorney and against self-incrimination. The
case began with the 1963 arrest of phoenix resident Ernesto Miranda,
who was charged with rape, kidnapping, and robbery. Miranda was
not informed of his rights prior to the police interrogation.
CONT….
• During the two-hour interrogation, miranda allegedly confessed to committing the
crimes, which the police apparently recorded. Miranda, who had not finished ninth
grade and had a history of mental instability, had no counsel present. At trial, the
prosecution's case consisted solely of his confession. Miranda was convicted of both
rape and kidnapping and sentenced to 20 to 30 years in prison. He appealed to
the arizona supreme court, claiming that the police had unconstitutionally obtained
his confession. The court disagreed, however, and upheld the conviction. Miranda
appealed to the U.S. Supreme court, which reviewed the case in 1966.
CONT…
• The supreme court, in a 5-4 decision written by chief justice earl warren, ruled
that the prosecution could not introduce miranda's confession as evidence in a
criminal trial because the police had failed to first inform miranda of his right
to an attorney and against self-incrimination. The police duty to give these
warnings is compelled by the constitution's fifth amendment, which gives a
criminal suspect the right to refuse "to be a witness against himself," and sixth
amendment, which guarantees criminal defendants the right to an attorney.
CONT…
• The court maintained that the defendant's right against self-incrimination has long
been part of anglo-american law as a means to equalize the vulnerability
inherent in being detained. Such a position, unchecked, can often lead to
government abuse. For example, the court cited the continued high incidence of
police violence designed to compel confessions from a suspect.
CONT…
• This and other forms of intimidation, maintained the court, deprive
criminal suspects of their basic liberties and can lead to false
confessions. The defendant's right to an attorney is an equally
fundamental right, because the presence of an attorney in
interrogations, according to chief justice warren, enables "the
defendant under otherwise compelling circumstances to tell his story
without fear, effectively, and in a way that eliminates the evils in the
interrogations process."
CONT….
• Without these two fundamental rights, both of which, the court ruled,
"dispel the compulsion inherent in custodial surroundings," "no
statement obtained from the defendant can truly be the product of his
free choice."
CONT…
• THUS, TO PROTECT THESE RIGHTS IN THE FACE OF WIDESPREAD IGNORANCE
OF THE LAW, THE COURT DEVISED STATEMENTS THAT THE POLICE ARE
REQUIRED TO TELL A DEFENDANT WHO IS BEING DETAINED AND
INTERROGATED. THESE MANDATORY "MIRANDA RIGHTS" BEGIN WITH "THE
RIGHT TO REMAIN SILENT," AND CONTINUE WITH THE STATEMENT THAT
"ANYTHING SAID CAN AND WILL BE USED AGAINST [THE DEFENDANT] IN A
COURT OF LAW."
• The police are further compelled to inform the suspect of his or her right to
an attorney and allow for (or, if necessary, provide for) a defendant's
attorney who can accompany him during interrogations. Because none of
these rights was afforded to ernesto miranda and his "confession" was thus
unconstitutionally admitted at trial, his conviction was reversed. Miranda was
later retried and convicted without the admission of his confession.
CONT…
• Rule:
• A complaint that a conviction was obtained by confessions procured
through the use of torture is not of the commission of mere error,
but of a wrong so fundamental that it made the whole proceeding
a mere pretense of a trial and renders the conviction and sentence
wholly void.
FACTS OF THE CASE
• Defendants brown and others were indicted for the murder of one
Raymond Stewart, whose death occurred on march 30, 1934. They were
indicted on April 4, 1934, and were then arraigned and pleaded not guilty.
Counsel were appointed by the court to defend them. Trial was begun the
next morning and was concluded on the following day. At trial, aside from the
confessions, there was no evidence sufficient to warrant the submission of the
case to the jury. After a preliminary inquiry, testimony as to the confessions
was received over the objection of defense counsel.
CONT….
• Defendants then testified that the confessions were false and had been
procured by physical torture. The case went to the jury with instructions, upon
the request of defense counsel, that if the jury had reasonable doubt as to the
confessions having resulted from coercion, and that they were not true, they
were not to be considered as evidence. Defendants were found guilty and
sentenced to death. On their appeal to the supreme court of mississippi,
defendants assigned as error the inadmissibility of the confessions. The judgment
was affirmed.
CONT….
• Defendants filed a motion in the state supreme court to arrest the judgment and
for a new trial on the ground that all the evidence against them was obtained by
coercion and brutality known to the court and to the district attorney, and that
defendants had been denied the benefit of counsel or opportunity to confer with
counsel in a reasonable manner. The motion was supported by affidavits.
CONT…
• At about the same time, defendants filed in the state supreme court a
"suggestion of error" explicitly challenging the proceedings of the trial, in the
use of the confessions and with respect to the alleged denial of representation
by counsel, as violating the due process clause of the fourteenth amendment of
the constitution of the united states. The state supreme court entertained the
suggestion of error, considered the federal question, and decided it against
defendants' contentions. Defendants were granted a writ of certiorari.
ISSUE:
YES
CONCLUSION:
• The supreme court of the united states reversed the judgment convicting defendants.
The state's freedom to regulate the procedure of its courts was limited by the
requirements of due process and did not include the freedom to obtain convictions that
rested solely upon confessions obtained by violence. The use of defendants' confessions
at trial was a clear denial of due process, rendering the convictions and sentences void.
The failure of defendants' counsel to move to exclude the confessions did not prevent a
reversal because the trial court was fully advised of the coerced nature of the
confessions. The proceedings were vitiated by the lack of the essential elements of due
process and could be challenged in any appropriate manner
ESCOBEDO VS ILLINOIS
• Justice Stewart dissented on the grounds that the right to assistance of counsel should not
attach until the formal institution of proceedings by indictment, information, or arraignment,
and that the majority's holding would have an unfortunate impact on the fair administration
of criminal justice.
• Justice white, joined by Clark and Stewart, dissented on the grounds that the majority's
decision will be applicable whenever the accused becomes a suspect, rendering admissions
to the police inadmissible unless the accused waives his right to counsel and rendering the
task of law enforcement more difficult
THE TERRY DOCTRINE, PART 1: WARRANTLESS FRISKS &
SEIZURES
• This is also known as a “terry stop.” Furthermore, an officer may frisk the outer clothing if
reasonable suspicion exists to believe that the individual is armed and dangerous (also known as a
“terry frisk”). The scope and duration of a terry stop and frisk based on reasonable suspicion is
limited, so let’s take a look at what a police officer can and cannot do during a terry stop to
ensure that your civil rights are not violated if you ever have to experience one.
CONT..
• Part 1-- not all encounters between the police and citizens are “seizures” within the meaning
of the fourth amendment. Only when an officer, by means of physical force or a show of
authority has in some way restrained the liberty of a citizen, is there a seizure.[2] to
determine whether a terry stop and a terry frisk was reasonable, courts usually ask two
questions: 1) whether the officer’s actions were justified at the time of the stop; and 2)
whether the stop and/or frisk was reasonably related in scope to the circumstances which
justified the interference in the first place.
CONT….
• For the first inquiry, we must ask whether there were adequate
grounds for the stop at the time the police officer seized the person.
For example, did the police officer have reasonable suspicion to
believe the person was armed and dangerous before stopping and
frisking the individual? If the answer is no, then that stop and frisk
would likely be an unreasonable search and seizure.
CONT…
• For the second inquiry, we must ask whether the scope of the stop went
beyond what was permissible based only on reasonable suspicion. The
police officer must be able to point to specific and articulable facts, which
taken together with rational inferences from those facts, reasonably
warrant the intrusion on the individual’s rights. In the simplest terms, the
officer must have reasonable grounds to suspect that the individual has
committed or is committing a crime prior to stopping that individual. Finally,
reasonable suspicion alone does not allow a person to be detained
indefinitely
SCENE OF THE CRIME OPERATION
(SOCO)
SCENE OF THE CRIME OPERATION (SOCO)
3. CYBER CRIMES
4. CORPORATE CRIMES
5. VOICE ANALYSIS
6. COURT BASES
HOW CRIMINALISTICS /FORENSIC SCIENCE IS SIGNIFICANNT IN
THE CJS
1. JOINTS A MISSING LINK IN A SERIES OF EVENTS;
2. IT STRENGTHENS A WEAK CIRCUMSTANCE IN THE CHAIN OF INVESTIGATION;
3. HELPING THE COURT TO A CONCLUSION REGARDING THE CRIMINALS AND
THEIR PUNISHMENTS;
4. ABLE TO TEST BIOLOGICAL EVIDENCE, POISONOUS CHEMICALS AND
SUBSTANCES AND OTHER PIECES OF EVIDENCE TO A CRIME INCIDENT;
5. BELIE, DENY OR CONFIRM TESTIMONIES (VERBAL OR ORAL);
6. PROVE OR DISPROVE SUSPECTS FROM ITS ASSOCIATION TO A PARTICULAR
CRIME OR CRIME OR CRIMINAL INCIDENT.
7. EXAMINATIONS IDENTIFY, QUALIFY OR QUANTIFY PIECES OF EVIDENCE; AND
8. UNLIKE OTHER RESEARCH AND ANALYTICAL MATERIALS, FORENSIC SCIENTISTS
ARE REQUIRED TO WORK WITH LIMITED QUANTITY AND AMOUNT OF MATERIALS
GENERALLY LEFT BEHIND OR CARRIED AWAY BY CRIMINALS.
FORENSIC SCIENCE TODAY EASE DIFFICULTIES
IN THE FIELDS OF CRIMINAL INVESTIGATION?
HEINOUS MURDER
CRIME
SOCO
CASES
ARSON ROBBERY
HOMICIDE
RAPE
HOMICIDE
Team Leader
Driver / Sketcher
Custodian
F/print Recorder
Technician
Evidence
Collector
ACCOUNT FOR THE EVIDENCE FROM
THE TIME IT IS COLLECTED UNTIL
IT IS PRODUCED IN COURT. ANY
BREAK IN THIS CHAIN OF CUSTODY
MAY MAKE THE MATERIAL
INADMISSIBLE AS EVIDENCE IN
COURT.
Prosecution
Investigators
Crime
Laboratory
Investigators
Crime
scene
COURT
PROSECUTOR
EVIDENCE CUSTODIAN
FORENSIC EXAMINER
EVIDENCE COLLECTOR
CRIME SCENE
PHYSICAL
EVIDENCE
CONCLUSION
IN OUR QUEST FOR TRUTH AND JUSTICE,
CRIMELAB REMAINS ONE OF THE MOST
PROFESSIONAL AND CREDIBLE PNP UNITS
IN THE EYES OF THE COURT. OUR VITAL
CONTRIBUTION TO THE PROSECUTION
PILLAR OF THE CRIMINAL JUSTICE SYSTEM
MADE US INDISPENSABLE IN THE FIELD OF
SCIENTIFIC INVESTIGATION
✓ Evaluate the scene
✓ Save and preserve life and provide
INCIDENT
emergency first aid for those injured at
REPORT the scene
✓ Prepare to take Dying Declaration of
severely injured person if any
✓ Arrest, detain, or remove any suspect
present. If more than one (1), isolate
✓ Cordon the area to secure and preserve
the crime scene
✓ Prevent entry of person into the
cordoned area
FIRST RESPONDERS ✓ Conduct preliminary evaluation at the
PROCEED TO THE CRIME crime scene and interview witnesses
and determine what and how crime was
SCENE
committed and write down details
M.C PABLO FILES 2018-LSPU SINILOAN CAMPUS ✓ Turn-over the crime scene to the
investigator
✓ Assume responsibility over the crime scene
✓ Conduct assessment of the crime scene
✓ Conduct interviews
✓ Conduct Crime Scene Investigation
✓ Request Technical Assistance from the CL
SOCO in processing the crime scene and
ensure the following:
INVESTIGATOR-ON-CASE 1. Evaluation of the pieces of evidence from
the crime scene
ARRIVED AT THE CRIME 2. Documentation (Photography/Sketching
SCENE Note Taking/Videography)
3. Collection and Handling of Evidence
4. Custody and Transport of pieces of
evidence
5. Request Laboratory Examination of
recovered physical evidence from the PNP
Crime Laboratory
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INITIAL RESPONSE
TO THE CRIME
SCENE
(“THE GOLDEN HOUR”)
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FOUR MAIN TASK OF THE
FIRST OFFICER ON THE
CRIME SCENE
AREA
FIRST OFFICER ON THE
CRIME SCENE
F. IF SHOTS HAVE BEEN FIRED, SECURE ANY EVIDENCE OF PRIMER PARTICLES
(GUNPOWDER RESIDUE) ON THE HANDS.
G. POLICE OFFICER IS SENT TO THE HOSPITAL TO TAKE THE NECESSARY MEASURES.
H. CORDON OFF A SUFFICIENTLY LARGE AREA
I. PROTECT THE CRIME SCENE FROM ALTERATION
J. MAKE A NOTE OF THE TIMES OF IMPORTANT EVENTS AND OBSERVATIONS.
POLITICAL FIGURES
GOVERNMENT /LOCAL I
p OFFICIALS N
o N
E
MEDIA PEOPLE
l R
i FAMILY P
c E
R
CROWD
e I
CRIME M
E
SCENE T
E
AREA R
IOC, Soco, EMT, Funeral VEHICLES
Personnel, etc.
ANIMALS
• WHAT IS THE PURPOSE OF CORDONS?
• GUARDED CORDONS ARE ALWAYS THE
BEST
Is to make sure that
• MAKE SURE THAT THEunauthorized
CORDONED OFF
persons do
notLARGE.
AREA IS SUFFICIENTLY enter the crime scene
(IT IS
BETTER IF THE AREA IS SUFFICIENTLY
LARGE).
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EVIDENCE COLLECTION,
HANDLING AND
TRANSPORTATION
a. Exhibits
Initial/Signature of
the Collecting
Officer/who did
the packaging
Initial/Signature of the
Collecting Officer/who
did the packaging
Date of Collection
Description of
specimen enclosed
Other
information
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Integrity Seal (Masking tape)
Initial/Signature of the
Collecting Officer/who
did the packaging
Back Side
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Markings by the use
of tag and
inscription.
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HOW TO MARK CARTRIDGE
CASE AND SLUG
Slide, and
(example:
engraved
Frame or receiver marked
(example: engraved “ABC” 10-
14-08
marked “ABC 10-14-08”
Marking a revolver
Lower receiver,
(example: engraved
marked “ABC” “10-25-
04” Bolt, (example: engraved
marked “ABC” ”10-25-
04”
TRANSMITTAL OF THE RECOVERED EVIDENCE TO CRIME LAB:
➢SEXUAL ASSAULT
➢PHYSICAL ASSAULT
SEXUAL ASSAULT
• IN WHICH TRANSFER OF BIOLOGICAL MATERIAL SUCH AS
SEMEN, BLOOD, SALIVA, HAIR ETC. THAT OCCURS FROM:
➢ASSAILANT TO VICTIM
➢VICTIM TO ASSAILANT
➢FROM ASSAILANT & VICTIM BOTH TO THE SCENE OF CRIME
PHYSICAL EVIDENCE
➢ Non biological material such as materials used in the
commission of crime or the foreign object found at the
crime scene
LOCUS
ASSAILANT VICTIM
CLASSIFICATION
• THESE COMPRISES OF
• 1. ITEMS OF PERSONAL USE
• 2. OTHER MATERIALS FOUND IN THE ENVIRONMENT
(FOREIGN BODIES)
The study of trace evidence FOR THE PURPOSE OF
UNDERSTANDING is divided into:
1. Pre-laboratory work
2. Laboratory work
• Pre-laboratory Work Is Further Divided Into
A) General Instructions
B) Special Instructions
PHYSICAL EVIDENCE
◼IT WOULD BE IMPOSSIBLE TO LIST ALL THE OBJECTS
THAT COULD CONCEIVABLY BE OF IMPORTANCE TO
A CRIME.
147
PHYSICAL EVIDENCE
◼THE PURPOSE OF RECOGNIZING PHYSICAL EVIDENCE IS
SO THAT IT CAN BE COLLECTED AND ANALYZED.
148
I. USE OF PHYSICAL EVIDENCE
150
THE ROLE OF PHYSICAL EVIDENCE
◼INFORMATION OBTAINED FROM PHYSICAL EVIDENCE
CAN ALSO GENERATE LEADS AND CONFIRM THE
RECONSTRUCTION OF A CRIME TO A JURY.
151
COMMON TYPES OF PHYSICAL EVIDENCE
◼IDENTIFICATION ◼COMPARISON
◼A COMPARISON ANALYSIS
◼TO DETERMINE THE PHYSICAL SUBJECTS A SUSPECT
OR CHEMICAL IDENTIFY OF A SPECIMEN AND A CONTROL
SUBSTANCE – WHAT IS THIS? SPECIMEN TO THE SAME TESTS
AND EXAMINATIONS FOR THE
◼EXAMPLES: WHITE POWDER, ULTIMATE PURPOSE OF
RESIDUES FROM DEBRIS OF DETERMINING WHETHER OR
NOT THEY HAVE A COMMON
FIRE, HAIR ETC. ORIGIN.
SIGNIFICANCE OF PHYSICAL EVIDENCE
http://www.exposay.com/celebrity-photos/crime-scene-4th- http://www.srpublications.com/criminology/item/D/ima
shooting-in-hacney-within-2-weeks-1uvxtj.jpg ges_D/crime_scene_reconstruction.jpg
III. DEFINING A CRIME SCENE (CONT.)
Finished Sketches
PERSONNEL DUTIES AND RESPONSIBILITIES
◼ SKETCH PREPARER
PERSONNEL DUTIES AND RESPONSIBILITIES
◼EVIDENCE RECORDER/EVIDENCE RECOVERY PERSONNEL
The first Police Officers to arrive at the crime scene are the FR’s
who were dispatched by the local Police station/unit concerned
after receipt of incident/flash alarm report;
The FR shall make the initial assessment on whether a crime has actually been committed and
shall conduct the preliminary interview of witnesses to determine what and how the crime was
committed;
If and when there is a suspect present in the area, the FR shall arrest, detain and remove the
suspect from the area; .
The FR, upon the arrival of the IOC, shall turn-over the crime scene to the duty
investigator/IOC after the former has briefed the Investigator of the situation. The FR shall
prepare and submit the CSI Form “1” – First Responders Report to the IOC in the investigation
(Responder’s Form- see appendices); and
The FR shall stay in the crime scene to assist the Investigator-on-Case (IOC) in the
maintenance of security, crowd control, preservation of evidence and custody of
witness/suspects until such time the investigation is completed and temporarily turned over to
the local Chief of Police (COP) for the continuance of crime scene security.
B. Investigator-on-Case (IOC)/Duty Investigator
Upon arrival at the crime scene, the IOC shall request for a
briefing from the FR and make a quick assessment of the
crime;
At this stage, the IOC shall assume full responsibility over the
crime scene and shall conduct a thorough assessment of the
scene and inquiry into the incident. If necessary the IC many
conduct crime scene search outside the area where the
incident happened, employing any of the various methods;
The IOC may by himself if the situation so demands conduct CSI if, there is no Provincial Crime
Laboratory Office/Regional Crime Laboratory Office in the Province. The IOC must, however,
ensure that the correct procedures in the collection of evidence;
The Police Station Operation Center, upon directive of the COP, shall make the request for the
SOCO team through Provincial/City Operations Center;
It shall be the responsibility of the Provincial/City Operations Center to facilitate the request for
the SOCO Team;
Upon the arrival of the SOCO Team, the IOC shall accomplish CSI Form “2” and submit the
same to the SOCO Team Leader. The SOCO Team shall not enter the crime scene unless the
IOC makes the official written request wherein he assures the SOCO team of his presence and
support (Request Form – see Appendices); and
The IOC shall brief the SOCO Team upon their arrival at the crime scene and shall jointly
conduct the preliminary crime scene survey
C. SOCO Team
The SOCO Team shall not join any operations conducted by the local police or accompany the
FRs or the IOC in going to the crime scene. They will only respond upon request through the
Operations Center and after the IOC has already made the proper assessment of the crime
scene;
Upon receipt of the Request for Conduct of SOCO, the SOCO Team shall then conduct the
scene of the crime operations which include among others the narrative description of the crime
scene, photography, videography, crime scene search, crime scene sketch, crime scene location
sketch, physical evidence recording and collection, and other procedures necessary;
In case the SOCO Team needs to temporarily suspend the processing, the Chief of Police shall
be primarily responsible and accountable for securing the crime scene and ensuring its integrity
until the return of SOCO Team and the conclusion of the CSI;
After the termination of the SOCO, the SOCO Team Leader shall brief the IOC on the initial
results and thereafter conduct the final crime scene survey together with the IOC; and
The SOCO Team shall accomplish Form “4” – SOCO Report Forms and furnish the IOC of
copies of the same before leaving the crime scene.
NATIONAL BUREAU OF
INVESTIGATION
HISTORY