COLEGIO DE STA. ANA DE VICTORIAS, INC.

Osmeña Avenue, Victorias City, Negros Occidental, 6119

LEARNING MODULE
in

CDIN 121
Fundamentals of Criminal Investigation and Intelligence

INTRODUCTION
A criminal investigation is usually conducted by law enforcement officers who has the responsibility to identify,
collect, and gather pieces of evidence at the crime scene for a specific purpose. A criminal investigator looks for clues and
evidence to determine whether a crime has been taken place. If a crime has been committed, the investigators shall
establish the three-fold aim of investigation; to identify the guilty party, to locate the guilty party: and provide evidence of his
guilt.
Methods of investigation are dictated by the nature of the crime and the procedures permitted by the
rules of law. Most investigations begin with careful, objective observations that are then assembled, collated, and matched
against applicable laws. If there is any reason to assume that a crime has indeed been committed, further investigation is
undertaken using more scientific methods and techniques. Technological advances have been incorporated into criminal
investigation as well for example, analyzing trace clues such as dust, paint, glass and other microscopic evidence is now
possible for the solution of crimes.
It is fashionable today to talk public safety in society and of professional policing among police 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 officers are demanded to solve it by means of an efficient system of criminal investigation.
Crime investigation is a rigid discipline, without which professional policing becomes an exercise in uniformed
futility. It is a science that requires from the investigator a lot of training, retraining, and continuing education.
It is expected, that at the end of this semester, you will be able to discuss, illustrate and apply the following
coverage of this modules as:

Module 1 Introduction to Criminal Investigation

Module 2
Module 3
Module 4
Module 5
Module 6

Examination Period:
The periodical examination for offline learners are given on the exact schedule of the examination. The tests are
given online, hence, students must look for an internet connection where he can log in Google account and join
the group in taking the test. The finance office will post names of students who have permits, so, no permit, no
exam policy will be strictly followed.

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 COLEGIO DE STA. ANA DE VICTORIAS, INC.
Osmeña Avenue, Victorias City, Negros Occidental, 6119
MODULE 1

LESSON 1

Introduction to Criminal Investigation

The Etymology of Criminal Investigation

The word Investigation came from the old French investigacion which means “a searching into” and from the latin
word “investigationem’ which means “a searching for”. Investigation therefore refers to searching into either individual of
properties.

The Criminal Investigation

Criminal Investigation refers to the collection of facts to accomplish the threefold aims: to identify the guilty party,
to locate the guilty party: and to provide evidence of his guilt through criminal proceedings.

Criminal Investigators is a law enforcement officer who are trained, disciplined and experienced to conduct
criminal investigations and the one who can carry the objectives of criminal investigation. The investigator is sometimes
called the superstars in the process of investigation in which in all instances investigator use his discretion – the wise
use of judgement.

When to investigate? The police officer initially conducts investigation when one of the following occurs;

1. Complaint filed
2. Crime committed of rime is in progress
3. Drug related offense
4. Traffic accident
5. Operation or organized crime
6. Suspect is under arrest and detention
7. Suspect is at large and or fugitive from justice

“At Large” means the suspect is not under arrest or detention not being a wanted person in the eyes of the law, and
therefore cannot be lawfully arrested without a warrant.

“Fugitive from the Justice” this obtain when an individual who, after having committed a criminal offense, leaves
the jurisdiction of the court where such crime has taken place or hides within such jurisdiction to escape prosecution.

Is necessary an escape from detention or an escape prisoner while serving sentence by virtue of a final
judgement rendered by a court of competent jurisdiction who can be legally arrested without the necessary of a warrant
of arrest.

Law in the society are controlling factors in man’s damaging behavior. It curtails the full force of man’s free will
thus, compelling his to obey the rule and laws of the society. Remember that it is the law that define certain acts as
crime, therefore without the law, there would be no crime; and there is no crime, then, there will be no criminal at all.

As a general rule; in all criminal investigation or proceedings probable cause, police cannot arrest a person nor
avail the insurance of warrant of arrest or search warrant.

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 COLEGIO DE STA. ANA DE VICTORIAS, INC.
Osmeña Avenue, Victorias City, Negros Occidental, 6119

Probable Cause means the facts and circumstances that would endanger a well-grounded belief that a crime has
been committed and the person to be arrested committed it.

Phases of Criminal Investigation

1. The identification of criminal.

2. The criminal is traced,
3. The pieces of evidence to prove the guilt of the accused are gathered.
4. Pieces of evidence are presented in court.

Goals of criminal investigation

1. To determine whether a crime has been committed.

2. To legally obtain information or evidence.
3. To identify persons involved (suspects/victims/witnesses)
4. To arrest suspects.
5. To recover stolen properties.
6. To present the best possible case to the prosecutor.

Importance of Criminal Investigation

1. It provides the facts of the crime and provides with solutions.

2. It helps the five pillars of the Criminal Justice System in recognizing and identifying criminal and provide
justice to the offended party, offender, and in promoting social justice.
3. An aid in enforcing the laws and the protection of lives and properties.

Characteristics of an Investigator:

1. Knowledgeable, this refers to the investigator who exhibit understanding about crime, evidence, law, to
include the suspect and the victim.
2. Perseverance refers to the steadfastness persistence and resolution to bring the desired conclusion in spite
of obstacles connected with criminal investigation.
3. Endurance, this refers to the ability of the investigator to withstand hardship in the conduct of investigation
to include the ability to last physically and mentally.
4. Honesty and integrity, the investigator must always observe the moral conviction of doing the right thing in
all circumstances.
5. The Intelligence and Wisdom of Solomon, this is very important in order that the investigator could easily
decipher falsehood from truth and separate the gain from the chaff as king Solomon did when he settled
disputes of child’s ownership between the two mother.
6. Acting ability, it is the ability to go down to the level of the subject (minor, the prostitute or the slum
dwellers, or the level of the other professionals or the member or the member of the elite)
7. Good in oral and written communication, this is the ability of the investigator as he mingle with the
community to include in making a concise report.
8. The keen power of observation and description, these are very important in crime scene investigation and
in interview and interrogation.
9. Courage, it is the moral fortitude to tell the truth no matter who will hurt.

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 COLEGIO DE STA. ANA DE VICTORIAS, INC.
Osmeña Avenue, Victorias City, Negros Occidental, 6119

10. The power to ‘read between the line”, this is the ability of the investigator to interpret the words or phrases
encountered in the process of investigation in their deeper meaning in order to arrive with an accurate
meaning of a certain statement.
11. Knowledge of martial arts and firearms proficiency, this will help the investigator in defending himself when
confronting, arresting, and interrogating the suspect.

LESSON 2

Historical Background of Criminal Investigation

Time of Alfred the Great

In the later part of the 19th Century, England’s king Alfred the Great established a system of “mutual pledge” (social
control), which organized for the security of the country into several levels:
1. Ten Tithing – one hundred persons are grouped into one under the charge of a High Constable.
2. Tithing – ten persons are grouped together to protect one another and to assume responsibility for the acts
of the group’s members. The one who heads this group is called “Tithing Man”.

Time of Emperor Augustus

At about the time of Christ, Rome: The Roman Emperor Augustus picked out special, highly qualified members of
the military to form the following:

1. Praetorian Guard - this was considered the first police officers, their job is to protect the palace and the
emperor.

2. Praefectus Urbi – their function is to protect the city. They have both executive and judicial power.

3. Vigles of Rome – the vigiles began as fire fighters, they were eventually also given law enforcement
responsibilities and they patrolled Rome’s streets day and night. The vigiles could be considered the civil
police force designated to protect citizens
It is from them that the word “Vigilante” came from.

Time of Winchester
1285 A.D., England: The Statute of Winchester was enacted establishing a rudimentary criminal justice system in
which most of the responsibility for law enforcement remained with the people themselves.
These statutes or laws were promulgated by Winchester.

1. The Watch and Ward Act

2. Hue and Cry System
3. Parish Constable
4. Keeping weapon at home for family security

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 COLEGIO DE STA. ANA DE VICTORIAS, INC.
Osmeña Avenue, Victorias City, Negros Occidental, 6119

❖ 1720’s England: Jonathan Wild – a master criminal who became the London’s most effective criminal
investigator.
- He was the most famous Thief-Catcher in 1720s. He conceived the idea of charging a fee for locating
and returning stolen property to its rightful owners.
❖ 1750s, England: John Fielding – the blind younger brother of Henry Fielding who took over the control of
Bow Street Court in 1753. He also introduced the practice of developing informants, printing wanted
notices, employing criminal raids, and bearing firearms and handcuffs.
❖ 1800, London: Patrick Colquhoun – a prominent London President who proposed the unique idea of
creating sizeable uniformed force to police the city of London in order to remedy the public outcry
concerning the increase of criminality during the early 1800s.
❖ 1829, London: Robert Peel – the founder and chief organizer of London Metropolitan Police. He
introduced the techniques in detecting crimes such as detectives concealing themselves, and secretly
photographing and recording conversations.
❖ 1852, U.S.A. Allan Pinkerton. This individual truly deserves the title of America’s Founder of Criminal
Investigation.
- Among methods pioneered by Pinkerton were; shadowing, roping, and undercover.
- They work with the motto “We never sleep”.
❖ 1866, U.S.A Thomas Byrnes – he usually keen-minded individual who trained his detectives in
recognizing individual criminal techniques. He founded the criminal “modus operandi,” or method/mode of
operation.
❖ 1882. France: A French Police Clerk who introduced and established the first systematic identification
system based on the Anthropological Signalment (Anthropometry).
- He is considered aas the founder of Criminal Investigation in France.

LESSON 3

Arrest, Search and Seizure

The term arrest came from the Latin word “arrestare" which means “cause to stop” and “restare” which means
“stay behind”. These terms were used as early as during the 14th century.

On the other hand, the word search was derived from the Anglo-Norman word “searcher”, Old French cerchier
which means “to explore”, Latin word “circare” which means “go around in circles”.

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 COLEGIO DE STA. ANA DE VICTORIAS, INC.
Osmeña Avenue, Victorias City, Negros Occidental, 6119

Complaint and Information

Complaint is a sworn written statement charging a person or group of persons of an offense that is subscribed by
the offended party such as the victim/s of the offense committed, or any other peace officer charge with enforcement of
the law violated.

Information is an accusation in writing charging a person or group of persons of an offense that is subscribed by
the prosecutor or fiscal. It is substantiated on oath and includes the name of the party, the offense committed, facts of
the offense and other factors relevant.

Arrest Defined
Arrest is an actual taking of person or persons into custody by an authority in order that he/they may ne bvound to
answer for the commission of an offense.
General rule; no one can arrest a person unless with a valid warrant of arrest.
Warrant of Arrest – is an order in writing issued in the name of the People of the Philippines; signed by a judge and
directed to a peace officer, commanding him to arrest the person designated and take him into custody of the law
in order that he may be bound to answer for the commission of an offense

Richard Doe/ John (Jane) Doe Warrant – is a warrant containing no specific person to be arrested but only descriptions
based from the testimonies of the victim/s or the witnesses/es. It contains the physical description of the accused
as well as other factors to be considered for the identification of the accused.

Warrant Officers – is any authorized member from the law enforcement agency usually from the Philippine National
Police or National Bureau of Investigation who holds a warrant for execution within ten days from receipt subject
to renewal in case of failure to execute the same.

Alias Warrant - refers to the warrant of arrest issued by a judge to the peace officer after returning the original warrant of
arrest after the lapse of the ten days validity period.

When a warrant of arrest not necessary;

1. When accused is already in detention

2. When the accused was arrested by virtue of a lawful arrest without warrant
3. When the penalty is of fine only
4. Those covered by a summary procedure

Procedure when arrest is made;

1. Secure the person arrested (handcuff at the back)

a. Conduct through search for weapons and other illegal materials
b. Informed the arrested person of his right

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 COLEGIO DE STA. ANA DE VICTORIAS, INC.
Osmeña Avenue, Victorias City, Negros Occidental, 6119

2. Use reasonable force in making arrest

a. Confiscated evidence shall be properly documented

b. Bring the arrested person to the nearest accredited hospital for medical examination
c. Bring the arrested person to the police station for documentation.

Medical Examination of Arrested Person/Suspect.

Immediately after the arrest of a person ordered arrested by the court, or of a suspect under investigation, he
should be subjected to a medical examination. Prior to his release or any change of custody, the suspect should
also be medically examined by a medico-legal officer or, in the absence of such medico-legal officer, by any
government physician in the area.

The Basic Principe of Warrant of Arrest

1. Issued by the judge to a peace officer and commanding him to arrest a person stated therein.
2. It is enforceable within the Philippine territory at any time of the day or night.
3. Arresting officer must inform the person to be arrested of the cause of the arrest.
4. Arrest is made by actual restraint of the person to be arrested or by his submission to the custody of the person
making the arrest.
5. No specific expiration, but within ten days of its s receipt the officers shall a progress report to the missing judge.
6. Warrant of arrest is still valid if the suspect is not yet arrested unless the court denounce its validity.

Duties of arresting officer;

1. It shall be the duty of the officer executing the warrant without necessary delay to arrest the accused and deliver
him to the nearest police station.
2. During arrest, with or without warrant, it shall be the duty of the arresting officer to inform the person to be
arrested of the cause of the arrest or his constitutional rights in dialect or language known to the subject except
when he flees or forcibly resist.
3. The officer must present the warrant to the person arrested, incase that he did not bring with him at the time of
arrest, he shall be shown to him as soon as practicable.
4. No torture, force or violence or any other means which vitiate the free will of the arrested person.

Summoning Assistance for the Arrest

Any officers making a lawful arrest may verbally summon as many persons as he may deems necessary to aid in
making the arrest. Every person so summoned shall aid him in the making of such arrest, when he can render such aid
without detriment to himself.

Right of Attorney or Relative to Visit Person Arrested

Any member of the bar shall, at the request of the person arrested or of another on his behalf, have the right to
visit and confer privately with such person, in jail or any other place of the custody at any hour of the day or, in urgent
cases, of the night. This right shall be exercised by any relative of the person arrested subject to reasonable regulation.

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 COLEGIO DE STA. ANA DE VICTORIAS, INC.
Osmeña Avenue, Victorias City, Negros Occidental, 6119

LESSON 4

Custodial Investigation

It is the term to denote the investigation conducted by the investigator on the suspect who is under police custody.
This is the stage of the investigation where there is strict observance of the Miranda Doctrine.

The Rights of the Accused During Custodial Investigation

a. Right to remain silent.

b. Right to counsel of his own choice and if he has none, the government must provide one for him:
c. Right to be informed of the nature of the accusation.

These rights could be validly waived in writing and the assistance of counseling order that the ensuing confession
be admissible in evidence. The confession must be also in writing, signed and sworn to by the accused.

The invalidity of an arrest leads to several consequences among which are:

a. The failure to require jurisdiction over the person of an accused;

b. Criminal liability of law enforcers for illegal arrest;
c. Any search incident to the arrest becomes invalid thus rendering the evidence acquired as constitutionally
inadmissible.

Instances of Warrantless Arrest, this is known as citizen’s arrest

1. When, in his presence the person to be arrest has committed, is actually committing, or is attempting to
commit an offense.
2. When an offense has just been committed and he has the probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it.
3. When the person to be arrested in an escapee from jail.
4. When the right is validly waived. This is when the person arrested consented to the arrest, despite of no
warrant showed, the person is willing to be taken into custody.

The Inquest

Inquest is an informal and summary investigation conducted by a public prosecutor in criminal cases involving
persons arrested and detained without the benefit of the warrant of arrest issued by the court for the purpose of
determining whether or not said persons should remain under custody and correspondingly be charge in court.

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 COLEGIO DE STA. ANA DE VICTORIAS, INC.
Osmeña Avenue, Victorias City, Negros Occidental, 6119

Exercise No. 1

Instruction: Answer the following question

1. What are the requisites of warrantless arrest?

2. What are the constitutional rights of the accused under custodial investigation?

3. Discuss the difference between complaint and information. (In your own words)

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 COLEGIO DE STA. ANA DE VICTORIAS, INC.
Osmeña Avenue, Victorias City, Negros Occidental, 6119
LEARNING MATERIALS
➢ Module
➢ Internet
➢ Laptop/Smart Phone
➢ Rubric

LEARNING ACTIVITIES
➢ Diagnostic Drills

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