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 have 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 Search and Seizure
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

Learning Outcomes
1. Fully understand the definitions of the key terms used in studying criminal investigation.
2. Discuss the fundamental principles that serve as foundations of crime detection and investigation.
3. Identify the legal sanctions and/or requirements that should be observed while investigating criminal
cases.
4. Recognize the elements, tools and phases of criminal investigation.
5. Apply the standard processes and techniques of identifying, tracing, locating and apprehending suspects
including the systematic methods of collecting and preserving evidence.
6. Apply scientific knowledge in detecting and investigating crimes.

Learning Resources/Textbooks

Florendo, Adelene M. Fundamentals of Criminal Investigation Wiseman’s Books Trading, Inc. Philippine Copyright, 2012.

Dr. Vicente Jesreel B., Dr. Eduardo, Jesster P., Dr. Catalino, Marcelo G., Fundamentals of Criminal Investigation.
Wiseman’s Books Trading, Inc. Philippine Copyright, 2016.

Almojuela, Feliciano Jr. R. & Guevara, Ricardo M., Special Crime Investigation. Wiseman’s Book Trading, Inc. 2014.

Sumad-on Donald T., Fundamentals of Criminal Investigation and Intelligence, First Edition

LEARNING INPUTS
Lesson 1- Search and Seizure

 Search Warrant

 Search Define

 The Basic Principle of Search Warrant;

 Procedure in Executing Search Warrant;

Lesson 2- Instances of Warrantless Searches

Lesson 3- Techniques of Searches of Person Arrested

 When applying handcuff, give the following orders to the subject and follow this procedure:

Lesson 4- Types of Searches:

 Fruit of Poisonous Tree Doctrine

 Mugshots and Fingerprints

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

MODULE 2

LESSON 1

Search and Seizure

Search Define

Search is an examination of an individual’s person, house, papers or effects, or other buildings and premises to
discover contraband or some evidence of guilt to be used in the prosecution of criminal action.

General Rule; any police officer cannot search unless there is a valid search warrant. To be valid, probable cause must
be established.

In People vs. Aruta , the Court explained the language of the constitution implies that searches and seizures are
normally unreasonable unless authorized by a validly issued search warrant or warrant of arrest.

Search Warrant – is an order in writing issued in the name of the People of the Philippines, singed by the judge and
directed to a peace officer commanding him to search for personal property and bring it before the court.

Below are the properties that are subject to seizure:

1. Subject of the offense;

2. Stolen or embezzled properties;

3. Proceeds or fruits of the offense; and

4. Property used or intended to be used as means for the commission of the crime.

The Basic Principle of Search Warrant;

1. It shall be issued by the judge directed to a peace officer commanding him to search for personal property and bring
it before the court.
2. It has a 10 day validity period upon receipt of the search warrant.
3. The issuing judge must be within the place where the crime committed, or the issuing judge must be within the place
where the property be seized.
4. In enforcing the search warrant, the officer must observe the two witness rule in the process of search.
5. As a general rule; it is only enforceable at day time, except as provided by the issuing judge to search during night
time.
6. The officer must follow what specified in the search warrant to include property to be seize and its location
7. The officer has the right to break door or window to effect search.
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 COLEGIO DE STA. ANA DE VICTORIAS, INC.
Osmeña Avenue, Victorias City, Negros Occidental, 6119

Note: there must be a Probable Cause either warrant of arrest or search warrant to be valid.

Procedure in Executing Search Warrant;

A search warrant must be served within ten days from its date (thereafter, it shall be void) [Section 9 Rule 126] in the
following manner:

a. The police officers concerned must go the place indicated in the search warrant and take the things described
therein, in the presence of at least competent witness who is a resident of the neighborhood. If he is refuse
admittance to the place of search after giving notice of his purpose and authority, he may force himself in to execute
the warrant; and if he is detained herein, he may force himself out to liberate himself.

b. The search must be made at daytime, unless otherwise stated.

c. The officer seizing the property must issue a detailed receipt of things seized to the person in whose possession it
was found, or in the absence of such person, he must, in the presence of at least one witness, leave such receipt in
the place where such things where seized.

d. As much as possible, during the opening of safes, drawers, cabinets, tables, etc., the lifting of the articles should be
done by the owner of the house or his authorized representative, or by immediate members of his family, to
preclude and suspicion of the theft or planting of evidence.

e. Thereafter, the officer must immediately deliver the things or property seized to the judge who issued the warrant,
together with an inventory duly verified under oath.

Scatter Shot Warrant

It is a warrant of arrest that is issued for more than one offense. It is void for the law requires that a warrant of
arrest should only be issued in connection with one specific offense.

LESSON 2

Instances of Warrantless Searches

1. Warrantless search incidental to a lawful arrest.

A search incidental to a lawful arrest requires that there must first be a law full arrest before a search is made.
Otherwise stated, a lawful arrest must precede the search; the process cannot be reversed. For there to be lawful
arrest, law enforcers must armed with a valid warrant. Nevertheless, an arrest may also be effected without a
warrant.

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

2. When prohibited articles are in plain view.

Under the plain view doctrine, police officers can seize articles or an object which inadvertently comes to their

view without exerting any effort and which objects is incriminatory to the accused. Based from decisions of trial

court, the doctrine includes the five senses on an individual to detect violations of law.

The doctrine requires that a police officer in order to validate the confiscation of an object in plain view must have
a right to be in that place and whatever become obvious or apparent without obstruction or impairment may be
subject to seizure.

3. Search of moving vehicles.

A checkpoint search is a variant of a search of a moving vehicle. Checkpoints per se are not invalid. They are
allowed in exceptional circumstances to protect the lives of individuals and ensure their safety.

The extent of routine inspections must be limited to a visual search. However, an extensive search may be

conducted on a vehicle at a checkpoint when law enforcers have probable cause to believe that the vehicle’s

passengers committed a crime or when the vehicle contains instruments of an offense.

4. A stop and frisk search is defined as the act of a police officer to stop a citizen on the street, interrogate him, and

pat him for weapon(s) or contraband. Thus the allowable scope of a stop and frisk search is limited to a protective

search of outer clothing for weapons.

5. Custom search

The search involves illegal entry of smuggled goods in our country that may affect the local businesses especially

the small tine businessmen. The search is usually conducted by the officers and agents of the Bureau of

Customs.

6. Consented warrantless search

7. If the person submitted himself voluntarily to be searched, it is good, as there is a search warrant because of the

consent of the person to be searched. The consent of the person must not have been because of intimidation,

threat of the person making the search.

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

LESSON 3

Techniques of Searches of Person Arrested

a. “Probe”, do not “pat”

(A woman operative should be used to search females)

b. The need to handcuff subject(s). Dangerous and violent criminals, as well as escapees from prisons and escape
artist, must be handcuffed.

As a component of the right to privacy, the fundamental right against unlawful searches and seizures is
guaranteed by no less than the Constitution, Article III, Section 2 of the Philippine Constitution provide:

1. 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

2. 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 complaint and the witness he may produce,
and

3. Particularly describing the place to be searched and persons or things to be seized.

When applying handcuff, give the following orders to the subject and follow this procedure:

1. First Order: take your right hand off the wall and place it in your back. Fasten the handcuff to this hand and firmly
hold the other handcuff.

2. Second Order: Move up and put your hand against the wall. Allow the subject to move closer to the wall, making
certain his feet remain back far enough to keep him off balance.

3. Third Order: Take your other hand off the wall and place it on the small of your back. Fasten the other handcuff and
double-lock both handcuffs.

4. Final Order: Stand up and face the wall. Help the subject in doing this.

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

LESSON 4

Types of Searches:

1. Wall search – the purpose is to place the subject in an off-balance position requiring the use of notch arms and legs
to keep him from falling to the ground. This is the safest type of search. It does not necessarily require a wall; any
object that can support the weight of the subject can be used. The procedures are:

a. Require subject to place both hands of the wall slightly higher than his waist. Spread hands as far as
possible. Palms should be placed against the wall, finger extended.

b. The subject’s feet must be extended back away from the wall as far as possible. Spread them far apart as
possible, toes pointed out. Buttocks should not be on an arched position. Buttocks should not on an
arched position.

c. The subject’s head should be down or bowed at all times.

d. Mechanics in executing the Wall Search.

2. Standing Search

a. Raise subjects hand over his head and spread his feet far apart as possible.
b. This is not recommended because the subject is in the on-balance position.

3. Kneeling search

a. Subjects kneel on the ground with the hands raised over his head.
b. This is also discouraged for the same reason as the standing search.

4. Prone Search

a. Subject lies on his stomach with arms and legs outstretched.

b. Subject has both arms and legs free and is at all times in an on-balance position.
c. Front part of clothing cannot be searched.
d. This can be extremely dangerous if the subject has knowledge of judo.

Fruit of Poisonous Tree Doctrine

A rule requires that evidence that is illegally obtained should be excluded from admission in criminal
proceedings. The purpose behind this doctrine is to deter police misconduct that is reckless, deliberately or
grossly negligent.

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

Mugshots and Fingerprints

Arresting units shall at all times take the mugshots and fingerprints of all arrested person. Copies thereof shall be
submitted to the PNP Crime Laboratory Service to serve as master file.

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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 is poisonous tree doctrine? Discuss in your own words by citing example,

2. Discuss the instances of Warrantless Searches.

3. If the warrant was executed even before the expiration of the 10-day period, can the peace officer use the
warrant again before it expires? (Yes/No), and give your legal basis.
Tip: You can make your own research.

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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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