Professional Documents
Culture Documents
Cdi Compilation Wish Niyo Ako NG HBD Sa 26 Maam D 2
Cdi Compilation Wish Niyo Ako NG HBD Sa 26 Maam D 2
OF CRIMINAL
INVESTIGATION AND
INTELLIGENCE
CDI 1
INVESTIGATION
➢ Investigation also meant literally as the act or process of careful inquiry or
research; and defined by Webster’s as the systematic examination of some
scientific detail or question whether by experiment or mathematical
treatment.
➢ Investigation encompasses as a patient, systematic (step-by-step) and
careful/thorough examination of something or someone.
Sources of Information:
➢ Regular Sources - acquired from open sources, records, files
➢ Cultivated Sources - furnished by informants/ informer
➢ Grapevine Sources - coming from underworld characters such as prisoners
or criminals
INTERROGATION
◻ is the skillful questioning of a hostile person suspecting of having
committed an offense or a person who is reluctant to make a full
disclosure of information in his possession which is pertinent to the
investigation.
Custodial Investigation
➢ any questioning initiated by law enforcement officers after the person has
been taken into custody or otherwise deprived of his freedom of action in
any significant way.
➢ The questioning of the suspect or person believed to have been
committed a crime after he was taken into custody.
REPUBLIC ACT NO. 7438 - Rights of the Person Arrested, Detained or under Custodial
Investigation:
➢ Right to remain silent
➢ The right to have a competent and independent counsel, preferably of
his own choice who shall at all time be allowed to confer privately with
the person arrested, detained, or under custodial investigation
➢ If such person cannot afford the service of his/her counsel, he must be
provided with a competent and independent counsel by the
investigating officer
➢ Shall be allowed visits by or conferences with any members of his
immediate family
Types of Confession:
➢ Judicial Confession
➢ Extra-Judicial Confession
SURVEILLANCE
A clandestine observation of persons, places or vehicles for purposes of
obtaining information.
Three General Kinds of Surveillance:
Tailing or Shadowing Casing or
Reconnaissance
Undercover Operation or Roping
PHASES OF INVESTIGATION:
Phase I: Identify the suspect/s through
(1)confession;
(2)eyewitnes testimony;
(3)circumstantial evidence; and
(4)associate evidence;
Phase II: Locate and apprehend the suspect/s
Phase III: Gather and provide evidence to establish the guilt of the accused. In
proving the guilt of the accused in court, the fact of the existence of the crime
must be established; the accused must be identified and associated with the
crime scene; competent and credible witnesses must be available; and the
physical evidence must be appropriately identified. The investigator must know
by heart the elements of a specific crime.
PHYSICAL EVIDENCE
➢ are articles and materials w/c are found in connection w/ the investigation
and w/c aid in establishing the identity of the perpetrator or the
circumstances under w/c the crime was committed
➢ It may be material left or taken from the scene of a crime by the suspect
or victim, or it might be an impression left in some material
Scene of the Crime Operation (SOCO) – a unit within the PNP w/c is responsible
in processing significant crime scene w/c are sensational in nature.
First Responders (FRs) - the very first person to arrive and respond at the crime
scene.
– Must be able to properly preserve the crime scene in order to get maximum
scientific information that will help in the successful prosecution of the
perpetrator of the crime.
Crime Scene Documentation: (1) Note Taking, (2) Photographing and (3) Sketching
ELEMENTS OF SKETCH
➢ Measurement
➢ Compass direction
➢ Essential items
➢ Scale and proportion
➢ Legend
➢ Title
TYPES OF MEASUREMENT
➢ Triangulation Method - An object is located by drawing two straight lines from
two fixed points creating a triangle; the object is in an angle formed by the
line. This sketching method requires measuring the distance of an object
along a straight line from two widely separated fixed reference points.
➢ Rectangular Method – This method uses two walls in a room as fixed points,
from which distances are measured at right angle to the object.
➢ Baseline or Coordinate Method - A sketching method that makes
measurements along from a single reference line called a baseline, which
can be established by using a length of string, chalk line, or some other
convenient means.
➢ Compass Point Method – A sketching method that requires a protractor or
some method of measuring angles between two lines. One point is selected
as the origin and a line extending from the origin becomes an axis from which
the angles can be measured.
➢ Cross Projection Method - A sketching method in which the ceiling appears
to open up like a lid of hinged box, with the four walls opening outward.
Measurements are then indicated from a point on the floor to the wall.
➢ Azimuth/Polar Coordinates – this method requires two people; one hold each
end of a tape measure. This is best suited for large pen areas where there
might not be any reference points by using a handheld GPS (global
positioning system).
A. Intelligence
▪ As an activity- The organized effort to collect information, to assess it little
by little, and piece it together until it forms larger and clear patterns.
▪ As a product- The end product resulting from the collection, evaluation,
analysis, integration, and interpretation of all available information which may
have immediate or potential significance to the development and execution
of plan, policies and programs of the user.
▪ As an organization- An institution composes of persons who pursue of
preparing plans or formulating policies.
Police Intelligence – The end product resulting from the collection, evaluation,
analysis, integration and interpretation of all available information regarding the
activities of criminals and other law violators for the purpose of affecting their arrest,
obtaining evidence, and forestalling plan to commit crimes.
A. Number 13:17-32, Old Testament (Holy Bible) - Moses sent twelve (12) scouts to the
land of Canaan where he detected directed them to spy the land, the people and
their location and the nature of their cities.
B. Sun Tzu- “Those who know themselves as well they know their enemies will
never suffer defeat". In his book "Art of War".
C. Delilah- A biblical personality who was able to gain information by using her
beauty and charm. She was responsible for the fall of Samson a known Israelite
leader who terrorized the Philistines.
D. Sir Arthur Wellesly- Duke of Wellington, who defeated Napoleon's at
Waterloo in 1815. Regarded as the "Greatest Military Spymaster at All Time". He
live by the motto; "All the business of war is to find out what you don’t know by
what you do." He always studied the enemy in depth, finding out not only
where the opposing army was and how strong it was, but the character of it's
commander, the spirit and training of its troops, their battle experience, and
how they were supplied with arms and rations. He also studied and mapped
the roads, rivers and topography of the war theatre.
E. Frederick the Great - "Father of Organized Military Espionage". He divided his
agents into four classes.
▪ Common Spies- recruited among poor folk, glad to earn a small sum or
to accommodate a military officer;
▪ Double Spies- the low informers and unreliable renegades of value chiefly in
spreading false information to the enemy;
▪ Spies of Consequences - courtier and noblemen, staff officers and kindred
conspirators always requiring a considerable bribe or bat
▪ Persons who are forced to undertake espionage against their will.
F. Alexander the Great- A renowned Greek conqueror had his share of
advance information when rumors of discontent circulated from among the
ranks of his men. He was able to identify those disloyal ones by ordering the
communication letters opened and was successful in curtailing the decline of
esprit de corps and morale of his men.
B. Intelligence is Continuous
1. Determination of Requirements
▪ Enemy capabilities, including time, place, strength, or other details
▪ Enemy vulnerabilities, including nature, extent, performance and other
details
▪ Enemy order of battle and factors
▪ Terrain, including natural and artificial obstacles
▪ Weather
▪ Information desired by higher, lower or adjacent headquarters
3. Establishment of Priorities
▪ Priorities reflect the criticality of the need for the particular information.
No formula exists which can automatically determine priorities. Such
determination is a matter of judgment.
B. Collection of Information
Reliability of Accuracy
▪ of Source of the Information
Information Informati
CODE: on
CUFNUR CODE: CPPDIT
A – Completely 1 – By Othe T – Direct Observation
Reliable Confirme r by a commander or Unit
d Sources
B – Usually Reliable 2 – Probably U – Report by a
True penetration or
resident agent
C - Fairly Reliable 3 – Possibly V – Report by an AFP trooper
True or PNP personnel in
operation
D – Not Usually 4 – Doubtfully W – Interrogation of a
Reliable True captured enemy or agent
E – Unreliable 5 – Improbable X – Observation by a
government or civilian
employee or official
F – Reliability 6 – Truth Cannot Be Y – Observation by a
Cannot Be Judged Judged member of
populace
Z - Documentary
D. Dissemination
V. Counter-Intelligence
A. Types of Counter-intelligence
1. Passive CI Measures – protection of classified and sensitive information to the
unauthorized through secrecy, communication security, and other various
safeguards.
2. Active CI Measures – are those measures, which seek actively to block the
enemies’ effort to gain information or engage in espionage, subversion, and
sabotage.
a. Political Intelligence – deals with Domestic and Foreign affairs and relation
of government operations;
▪ Basic Principles of the Government
▪ Government Structures
▪ Public Order and Safety
▪ Subversion
▪ Intelligence and Security Organization
A. Open Sources – 99% of the information collected are coming from open
sources or obtained from Overt Operation.
▪ Enemy Activities
▪ Captured Documents
▪ Map
▪ Weather Forecast, Studies, Reports
▪ Agencies
B. Close Sources – Only 1% of information are obtained from Covert
Operation Close/Covert Method/clandestine operation.
Methods of Surveillance
▪ Stationary Surveillance – also referred to as Fixed and Stakeout Surveillance –
is used when you know or suspect that a person is at or will come to a known
location when you suspect that stolen goods are to be dropped or when
informants have told you that a crime is going to be committed.
▪ Moving Surveillance or Shadowing or tailing – simply the act of following a
person.
▪ Technical Surveillance – by the use of communications and electronics
gadgets, system and equipment.
Forms:
▪ Loose tail – employed where a general impression of the subject’s habits and
associates is required.
• Rough Shadowing – employed without special precautions, the subject
maybe aware of the surveillance; employed also when the subject is a
material witness and must be protected from harm or other undesirable
influences.
▪ Close tail – extreme precautions are taken against losing the subject
is employed where constant surveillance is necessary.
Cover Story – A biographical data through fictional that will portray the
personality of the agent he assumed, a scenario to cover the operation.
Cover Support – An agent assigned in target areas with the primary mission of
supporting the cover story.
Types of Cover
▪ Artificial- altering the background that will correspond to the operation
▪ Multiple- Includes different cover
▪ Natural- Actual or True Background.
Hazards of Undercover Operations
▪ Reintegration back into normal duty- Agents work their own hours, they
are removed from direct supervisory monitoring and they can ignore the
dress and etiquette rules. So the resettling back into the normal police role
requires the coming off of old habits, language and dress. After working
such free lifestyles, agents may have discipline problems or exhibit
neurotic responses.
▪ Maintenance of identity- Living a double life in a new environment
presents many problems. Undercover work is one of the most stressful
jobs an agent can undertake. The largest cause of stress identified is the
separation of an agent from friends, family and their normal
environment. This simple isolation can lead to depression and anxiety.
A. Informants- Any person who hand over information to the agents which is
relevant to the subject. The informant may openly give the information
clandestinely and choose to remain anonymous.
Types of Informants
Motives of Informants
VIII. Cryptography
A. Cryptography- It is defined as an art and science of codes and ciphers. This is
done through the use of “Speech Inverter” whereby essential speech
frequencies are divide into several ranges by filters then inverted to produce it
scrambled speech when intercepted.
B. Crypto Analyst- Refers to those persons who break intercepted codes.
C. Cryptographer- It refers to a person who is highly skilled in converting
message from clear to unintelligible forms by use of codes and cipher.
D. Coding-It is the changing of message from plain clear text to unintelligible form
also known as “Encrypting”.
E. Decoding- Transforming of coded message into plain text also known as
“Decrypting”.
IX. Security Measures & Operations in Relation to Intelligence
A. Physical Security- The broadest type of security that is concerned with the
physical measures designed to safeguard personnel and prevent unauthorized
access to equipment, facilities, materials, documents, and to protect them from
espionage, sabotage, damage or theft
B. Communication Security- The protection resulting from the application of
various measures which prevent or delay the enemy or unauthorized person in
gaining information through communication. This includes transmission,
cryptographic and physical security.
C. Document Security- Protection of documents, classified matters and vital
records from loss, access to unauthorized persons, damage, theft and
compromise through proper storage and procedures.
TYPES OF PSI
▪ Local Agency Check- Refers to the investigation of the records and files of
agency in the area of principal residence of the individual being investigated.
CHAPTER 1
PRELIMINARY CONSIDERATIONS
Introduction
As crime continues to be a major problem to society, the criminal justice system
struggles to maintain its effectiveness. Special crime investigation, although but a partial
solution to the elimination of crime, is a highly important function. The other major
elements of the criminal justice system, namely, prosecutions, courts, corrections, and
community, are largely dependent upon successful investigations.
CHAPTER 2
LEGAL SAFEGUARDS OF PERSON UNDER CUSTODIAL INVESTIGATION
Classes of Rights
1. Natural Rights – those possessed by every citizen without being granted by the
State for they are given to man by God as a human being created to his image
that he may live a happy life.
2. Constitutional Rights – conferred and protected by the Constitution.
3. Statutory Rights – provided by law, promulgated by the law-making body and
consequently may be abolished by the same body.
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.
Search Warrant
- 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 search for a
certain personal property and bring it before the court.
Warrant of Arrest
- A written order to arrest a person designated to take him in custody in order that
he may be bound to answer for the commission of an offense.
Freedom of Speech, and Expression, and the Press – the rights to freely utter and
published whatever one pleases without previous restraint, and to be protected against any
responsibility for so doing as long as it does violate the law, or injure someone’s character,
reputation, or business.
Scope of Freedom of expression – the rights of assembly and petition, the right to form
associations or societies not contrary to the law, and the right to religious freedom.
Meaning of Religious Freedom - The right of a man to worship God, and to entertain such
religious views as appeal to his individual conscience, without dictation or interference by
any person or power, civil or ecclesiastical.
Meaning of Religion – all forms of belief in the existence of superior beings exercising
power over human beings and imposing rules of conduct with future state of rewards or
punishments.
Section 6. The liberty of abode and of changing the same within the limits prescribed
by law shall not be impaired except upon lawful order of the court. Neither shall the
right to travel be impaired except in the interest of national security, public safety, or
public health, as may be provided by law.
Meaning of Liberty of Abode and Travel – It is the right of a person to have his home in
whatever place chosen by him and thereafter to change it at will, and to go where he
pleases, without interference of any source.
Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used
as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall
not be abridged.
Section 9. Private property shall not be taken for public use without just
compensation.
Purpose of Guarantee
1. Undoubtedly, the purpose of the constitutional guarantee is to encourage the
formation of voluntary associations so that through the cooperative activities of
individuals, the welfare of the nation may be advance and the government may
there by receive assistance in its ever-increasing public service activities.
2. By enabling individuals to unite in the performance of tasks, which singly they
would be unable to accomplish, such associations relieve the government of a vast
burden.
Meaning of Eminent Domain - is the right or power of the State or of those to whom the
power has been lawfully delegated to take private property for public use upon paying to
the owner a just compensation to be ascertained according to law.
Meaning of “taking”
1. Actual physical seizure not essential.
2. The “taking” must be direct.
Meaning of Police Power - has been referred to as the power of the State to enact such
laws or regulations in relation to persons and property as my promote public health, public
morals, public safety, and the general welfare and convince of the people.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.
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.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall
be inadmissible in evidence against him.
(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.
Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas corpus
is suspended. Excessive bail shall not be required.
Meaning of Bail - is the security required by a court and given for the provisional or
temporary release of a person who is in the custody of the law conditioned upon his
appearance before any court as required under the conditions specified.
Section 14. (1) No person shall be held to answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is
unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public safety requires it.
Writ of Amparo
The writ of habeas corpus is not to be confused with the writ of Amparo. Now,
families of victims of extrajudicial killings and enforced disappearances (or any qualified
person or entity) can invoke the writ when the right to life, liberty, or security of a person is
violated or threatened with violation by an unlawful act or omission of a public official or
employee or of a private individual or entity.
Section 16. All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.
Right to speedy disposition of cases
(1) The above provision upholds the time-honored tradition of speedy justice for
as stated in the old dictum - "Justice delayed is justice denied." Its express
inclusion was in response to the common charge against the perennial delay
in the administration of justice which in the past has plagued our judicial
system.
(2) The right to a speedy disposition of cases can be invoked only after the
termination of the trial or hearing of case.
(3) Under the present Constitution, the Supreme Court, all lowers delegate
courts, and all other lower courts are required to decide or resolve cases
within a certain period of time.
(4) The provision contemplates the disposition of cases involving private
interests not only before judicial bodies, but also before quasi-judicial.
Scope of Guarantee
The right against self-incrimination applies in criminal cases as well as in civil,
administrative, and legislative proceeding where the fact asked for is a criminal one. It
protects one whether he is a party or a witness.
Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.
Exceptions of Prohibitions
1. When the involuntary servitude is imposed as a punishment for a crime.
2. When personal military or civil service is required of citizens.
3. To injunctions requiring striking laborers to return to work.
4. To exceptional service.
5. To exercise by parents of their authority.
6. When there is a proper exercise of the police power of the State.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides for it.
Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Meaning of Poll Taxes - is a tax of a fixed amount imposed on individuals residing within a
specified territory, whether citizens or not, without regard to their property or the
occupation in which they may be engaged.
Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.
Meaning of Rights Against Double Jeopardy - means that when a person is charged with
an offense and the case is terminated either by acquittal or conviction or in any other
manner without the express consent of the accused, the latter cannot again be charged
with the same or identical offense.
Meaning of Bill of Attainder - is a legislative act which inflicts punishment without judicial
trial.
Rights of the Arrested, Detained, and Person Under Custodial Investigation (R.A. 7438)
If an individual got himself into a situation that leads to his arrest, it is important for
persons of authority such as the public officers, to educate the arrested person about
his/her rights. The arrested person must be informed of the offense he/she committed.
There are cases when public officers violate the law. For an individual who does not have
any idea about his rights, unlawful arrest may seem normal. The Republic Act No. 7438 or
an "Act defining certain rights of person arrested, detained or under custodial investigation
as well as the duties of the arresting, detaining and investigating officers, and providing
penalties for violation thereof" provides a comprehensive explanation about the rights of an
arrested person and the penalties for public officers who violate the law.
(b) Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall inform the
latter, in a language known to and understood by him, of his rights to remain silent and to
have competent and independent counsel, preferably of his own choice, who shall at all
times be allowed to confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel, he must be
provided with a competent and independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the investigating
officer, provided that before such report is signed, or thumbmarked if the person arrested
or detained does not know how to read and write, it shall be read and adequately explained
to him by his counsel or by the assisting counsel provided by the investigating officer in the
language or dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or
in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise the waiver shall be null and void and of no
effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits
by or conferences with any member of his immediate family, or any medical doctor or priest
or religious minister chosen by him or by any member of his immediate family or by his
counsel, or by any national non-governmental organization duly accredited by the
Commission on Human Rights of by any international non-governmental organization duly
accredited by the Office of the President. The person's "immediate family" shall include his
or her spouse, fiance or fiancee, parent or child, brother or sister, grandparent or grandchild,
uncle or aunt, nephew or niece, and guardian or ward.
As used this Act, "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, without prejudice to the liability of the "inviting" officer for any violation of
law.
Sec. 3. 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 assisting counsel other than the government lawyers shall be entitled to the
following fees:
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable
with light felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable
with less grave of grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the
custodial investigation is conducted, provided that if the municipality of city cannot pay
such fee, the province comprising such municipality or city shall pay the fee: Provided, That
the Municipal of City Treasurer must certify that no funds are available to pay the fees of
assisting counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the
suspected person can only be detained by the investigating officer in accordance with the
provisions of Article 125 of the Revised Penal Code.
Sec. 4. Penalty Clause. - (a) Any arresting public officer of employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation of
his right to remain silent and to have competent and independent counsel preferably of his
own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of
imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The
penalty of perpetual absolute disqualification shall also be imposed upon the investigating
officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a officer or employee or anyone acting
upon orders of such investigating officer or in his place, who fails to provide a competent
and independent counsel to a person arrested, detained or under custodial investigation for
the commission of an offense if the latter cannot afford the services of his own counsel.
(b) Any person who obstruct, persons or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and conferring privately with him, of from
examining and treating him, or from ministering to his spiritual needs, at any hour of the
day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than
four (4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).
The provisions of the above Section notwithstanding, any security officer with
custodial responsibility over any detainee or prisoner may undertake such reasonable
measures as may be necessary to secure his safety and prevent his escape.
Miranda Warning
“You have the right to remain silent. Anything you say or do can be used against you
in a court of law. You have the right to an attorney. If you cannot afford an attorney one will
be appointed to you.”
These are Miranda rights guaranteed by the Constitution and afforded to those
taken into police custody in the U.S. Thanks to television shows, many people can recite
them from memory. But more than just knowing the words, it's important to understand
their significance and how to properly exercise these rights.
What are Miranda rights?
Miranda rights (collectively called the Miranda warning) are a practical adaptation of
the right against self-incrimination in the Fifth Amendment and the right to counsel in the
Sixth Amendment. In order to have a more fair system of justice, Miranda rights were
created so individuals without knowledge of the legal system could have a fair chance and
would not be improperly coerced by the police.
In the Supreme Court decision, Chief Justice Earl Warren wrote, “It is not sufficient to
do justice by obtaining a proper result by irregular or improper means.” Even if someone is
guilty of a crime, forcing them to speak to the police without knowledge of their basic
rights is wrong.
Today, if you are in police custody and the police interrogate you, they must read you
your Miranda rights first. If they do not, a judge could deem anything you say or do while in
police custody and during an interrogation to be excluded as evidence in a case against
you. (There are exceptions, including when public safety is at risk and there is an urgency in
questioning a suspect to protect the public.) Generally, police custody means being
formally under arrest. However, it also could apply to situations in which the average person
does “not feel free to leave,” like when they are handcuffed by police, or if the police have
weapons drawn on them. However, the term “not free to leave” is frequently the subject of
debate in courtrooms today. Interrogations do not include initial investigatory questions
asked by the police to assess the situation.
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. 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.
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.
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. 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."
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."
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.
Miranda v. Arizona, in creating the "Miranda Rights" we take for granted today,
reconciled the increasing police powers of the state with the basic rights of individuals.
Miranda remains good law today.
Brown v. Mississippi
Brown v. Illinois, 422 U.S. 590 (1975), was a case in which the Supreme Court of the
United States held that the Fourth Amendment's protection against the introduction of
evidence obtained in an illegal arrest is not attenuated by reading the defendant their
Miranda Rights.
On May 13, 1968, Richard Brown was arrested outside of his Chicago, IL. apartment by
two members of the Chicago Police. The two officers, William Nolan and William Lenz,
entered Mr. Brown's apartment without probable cause later testifying that they had
entered to question Brown concerning the death of Roger Corpus, who had been killed a
week prior.
Following his arrest, Mr. Brown was taken to a police station for interrogation; prior
to beginning his interrogation, Mr. Brown was read his Miranda Rights. During interrogation
Mr. Brown produced a two-page written document acknowledging his role in the killing of
Roger Corpus. Mr. Brown would later give another statement to the Assistant State's
Attorney assigned to the case again acknowledging his role in Mr. Corpus' death but also
containing a number of factual inaccuracies. Both statements would later be introduced at
trial, ultimately resulting in Mr. Brown's conviction for the murder of Roger Corpus.
On review, the Illinois Supreme Court held that by giving Mr. Brown Miranda
Warnings, the causal chain between the illegal arrest and statements obtained had been
broken, and the statements were thus the result of free will.
In the case syllabus, the Court sums up its holding in three parts:
1. "The Illinois courts erred in adopting a per se rule that Miranda warnings
in and of themselves broke the causal chain so that any subsequent
statement, even one induced by the continuing effects of
unconstitutional custody, was admissible so long as, in the traditional
sense, it was voluntary and not coerced in violation of the Fifth and
Fourteenth Amendments."
2. "The question whether a confession is voluntary under Wong Sun must
be answered on the facts of each case."
3. "The State failed to sustain its burden in this case of showing that
petitioner's statements were admissible under Wong Sun."
Writing for a unanimous court, Justice Blackmun held that reading a defendant
their Miranda Rights does not remove the taint of an illegal arrest. The Court acknowledges
that under Wong Sun statements and evidence obtained from an illegal search can be
admissible if the connection between the search and the evidence is so attenuated that the
taint is dissipated. However, the Supreme Court held that attenuation under Wong Sun
requires a showing on the facts of the individual case. Allowing Miranda Rights to
automatically attenuate an illegal search would dilute the exclusionary rule.
Escobedo v. Illinois
Escobedo v. Illinois, 378 U.S. 478 (1964), was a United States Supreme Court case
holding that criminal suspects have a right to counsel during police interrogations under
the Sixth Amendment. The case was decided a year after the court had held in Gideon v.
Wainwright that indigent criminal defendants had a right to be provided counsel at trial.
Danny Escobedo's brother-in-law, Manuel Valtierra, was shot and killed on the night
of January 19, 1960. Escobedo was arrested without a warrant early the next morning and
interrogated. However, Escobedo made no statement to the police and was released that
afternoon.
Escobedo appealed to the Illinois Supreme Court, which initially held the confession
inadmissible and reversed the conviction. Illinois petitioned for rehearing, and the court
then affirmed the conviction. Escobedo appealed to the US Supreme Court. The ACLU
argued before the Court as amicus curiae favoring Escobedo in a 5-4 decision.
This holding was later implicitly overruled by Miranda v. Arizona in 1966, and the
Supreme Court held that pre-indictment interrogations violate the Fifth
Terry Doctrine
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision of the Supreme Court of the
United States in which the Court ruled that the Fourth Amendment's prohibition on
unreasonable searches and seizures is not violated when a police officer stops a suspect on
the street and frisks him or her without probable cause to arrest, if the police officer has a
reasonable suspicion that the person has committed, is committing, or is about to commit
a crime and has a reasonable belief that the person "may be armed and presently
dangerous."
For their own protection, after a person has been stopped, police may perform a
quick surface search of the person's outer clothing for weapons if they have reasonable
suspicion that the person stopped is armed. This reasonable suspicion must be based on
"specific and articulable facts" and not merely upon an officer's hunch. These permitted
police action has subsequently been referred to in short as a "stop and frisk," or simply a
"Terry frisk". The Terry standard was later extended to temporary detentions of persons in
vehicles, known as traffic stops; see Terry stop for a summary of subsequent jurisprudence.
The rationale behind the Supreme Court decision revolves around the
understanding that, as the opinion notes, "the exclusionary rule has its limitations." The
meaning of the rule is to protect persons from unreasonable searches and seizures aimed
at gathering evidence, not searches and seizures for other purposes (like prevention of
crime or personal protection of police officers).
However, in the early 1960s, several major changes in American criminal law raised
the issue's importance. First, in 1961, the Supreme Court ruled in Mapp v. Ohio that the
Fourth Amendment's exclusionary rule applied to the U.S. states as well as the federal
government. Then, in 1966, the Supreme Court ruled in Miranda v. Arizona that the Fifth
Amendment requires courts to exclude confessions that law enforcement obtains without
first giving legal warnings. The "stop-and-frisk" practice became a popular topic in law
reviews, and a number of prominent articles were written on the subject. Several cases
forced state supreme courts to address the practice more directly, such as the Supreme
Court of California's 1963 decision in People v. Mickelson. Finally, in 1968, the U.S. Supreme
Court addressed the issue in Terry.
The Terry case involved an incident that occurred on October 31, 1963, in Cleveland,
Ohio. Policeman Martin
McFadden was on duty in downtown Cleveland and noticed two men standing on a
street corner. He watched one of the men, John W. Terry, walk down the street, stop in front
of a certain store, look through its window, then briefly continue on before turning around
and returning to the original street corner, stopping to look in the store window again on
his way back. The other man, Richard Chilton, then did the same route. McFadden watched
the pair repeat this routine about a dozen times, then a third man joined them and the
three walked up the street together toward the store. McFadden suspected that the men
were "casing" the store in preparation for robbing it, so he followed and confronted them.
He asked the men's names, then patted down Terry's and Chilton's exterior clothing and
discovered that they both had pistols in their jacket pockets.
After discovering the pistols, McFadden arrested Terry and Chilton, and they were
both charged with illegally carrying concealed weapons. At trial, Terry's lawyer made a
motion to suppress the evidence of the discovered pistol, arguing that the "frisk" by which
McFadden had discovered it was a violation of the Fourth
Amendment, and so per the exclusionary rule the pistol should be excluded from
evidence. The trial judge denied his motion on the basis that the "stop-and-frisk" was
generally presumed legal, and Terry was convicted. He appealed to the Ohio District Court
of Appeals, which affirmed his conviction, then appealed to the Supreme
Court of Ohio, which dismissed his appeal. He then appealed to the U.S. Supreme
Court, which agreed to hear his case and granted certiorari.
On June 10, 1968, the Supreme Court issued an 8–1 decision against Terry that
upheld the constitutionality of the "stop and-frisk" procedure as long as the police officer
performing it has a "reasonable suspicion" that the targeted person is about to commit a
crime, has committed a crime, or is committing a crime, and may be "armed and presently
dangerous". Suspicion in itself is not a crime.
Eight justices formed the majority and joined an opinion written by Chief Justice
Earl Warren. The Court began by stating that, contrary to Ohio's arguments, policeman
McFadden's stopping, questioning, and frisking of Terry and Chilton constituted actual
"searches" and "seizures" under the Fourth Amendment. However, in a major move, the
Court ruled that the Fourth Amendment "searches" and "seizures" that occurred during a
"stop-and-frisk" were so "limited" and "brief" that they did not require the police to have
probable cause beforehand.[9] Reasoning that police officers' need to protect themselves
outweighed the limited intrusions involved, the Court ruled that officers could "stop and
frisk" a person if they had "reasonable suspicion" that crime was afoot, and did not need the
higher level of "probable cause".[10] The Court defined this new, lesser standard of
"reasonable suspicion" as being less than
"probable cause" but more than just a hunch, stating that "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.
The Court stated that this "reasonable suspicion" standard must apply to both the
initial stop and the frisk. First, it stated that a police officer must have reasonable suspicion
to stop a suspect in the first place. Second, it held that an officer could then "frisk" a stopped
suspect if he or she had reasonable suspicion that the suspect was armed and dangerous,
or if, in the officer's experience, the suspected criminal activity was of a type that was
"likely" to involve weapons. The officer's "frisk" could only be for the sole purpose of
ensuring the suspect was not armed, and so had to be limited to a pat-down of the
suspect's outer clothing.
The Court then applied these legal principles to McFadden's actions with Terry and
found that they comported with the "reasonable suspicion" standard. McFadden had years
of experience as a policeman, and was able to articulate the observations that led him to
suspect that Terry and the other men were preparing to rob the store. Since McFadden
reasonably suspected that the men were preparing for armed robbery, he reasonably
suspected that Terry was armed, and so his frisk of Terry's clothing was permissible and did
not violate Terry's Fourth Amendment rights.
The Court ended its opinion by framing the issue very narrowly, saying the question
it was answering was "whether it is always unreasonable for a policeman to seize a person
and subject him to a limited search for weapons unless there is probable cause for an
arrest."[14] In answer to this limited question, the Court said it was not. It ruled that when an
American policeman observes "unusual conduct which leads him reasonably to conclude in
light of his experience that criminal activity may be afoot and that the persons with whom
he is dealing may be armed and presently dangerous", it is not a violation of the
Daubert Case
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), is a United States
Supreme Court case determining the standard for admitting expert testimony in federal
courts. The Daubert Court held that the enactment of the Federal Rules of Evidence
implicitly overturned the Frye standard; the standard that the Court articulated is referred
to as the Daubert standard.
Jason Daubert and Eric Schuller had been born with serious birth defects. They and
their parents sued Merrell Dow Pharmaceuticals Inc., a subsidiary of Dow Chemical
Company, in a California District Court, claiming that the drug Bendectin had caused the
birth defects. Merrell Dow moved the case to federal court, and then moved for summary
judgment because their expert submitted documents showing that no published scientific
study demonstrated a link between Bendectin and birth defects. Daubert and Schuller
submitted expert evidence of their own that suggested that Bendectin could cause birth
defects. Daubert and Schuller's evidence, however, was based on in vitro and in vivo animal
studies, pharmacological studies, and reanalysis of other published studies, and these
methodologies had not yet gained acceptance within the general scientific community.
The district court granted summary judgment for Merrell Dow, and Daubert and
Schuller appealed to the Ninth Circuit. The Ninth Circuit found the district court correctly
granted summary judgment because the plaintiffs' proffered evidence had not yet been
accepted as a reliable technique by scientists who had had an opportunity to scrutinize and
verify the methods used by those scientists. Furthermore, the Ninth Circuit was skeptical of
the fact that the plaintiffs' evidence appeared to be generated in preparation for litigation.
Without their proffered evidence, the Ninth Circuit doubted that the plaintiffs could prove
at a trial that the Bendectin had, in fact, caused the birth defects about which they were
complaining.
Frye Case
On November 25, 1920, almost a year after John Larson had joined the Berkeley
Police Department and a few months before he had read William Marston's article on lie
detection, a young black man named James Frye shot and killed a wealthy physician, also
black, in Washington, D.C. The victim, Dr. Robert W. Brown, was murdered in his office at
about 8:45 in the evening. Another physician was in the office and witnessed the shooting.
Frye ran out of the office with the eyewitness running after him. The chase ended abruptly
however when Frye took a couple of shots at his pursuer. Since the witness didn't know
Frye, the police had no idea who had committed the crime.
Seven months later, Frye committed an armed robbery which led to his arrest on
August 21, 1921. The police questioned him about the robbery and he confessed to it and to
the murder of Doctor Brown.
From this point on, the facts of the Frye Case, as evolved over the years, have
become more myth than reality. In 1981, a law professor at George Washington University
named James E. Starrs set the record straight when he presented a paper about the Frye
Case at the annual meeting of the American Academy of Forensic Sciences.2 According to
the Frye myth, and the popularly accepted version of the case, Frye confessed on the advice
of a friend who told him he would get part of the reward put up by the victim's family if he
took the blame for the killing. Frye later repudiated his confession, as the story goes, when
he learned that he had been duped. It was at this point his attorney brought William
Marston into the case to test his honesty.
Continuing with the popular version of the case, the results of Marston's lie detection
test indicated Frye had told the truth when he denied killing the doctor. But the trial court
refused to admit Marston's lie detection evidence, so Frye was convicted and sentenced to
life in prison. According to the myth, the friend who had talked Frye into confessing later
admitted killing the physician. As a result, Frye was freed after living three years behind
bars.
The above account not only makes a good story, it sheds favorable light on scientific
lie detection. If the trial judge had been more open minded, an innocent man would not
have been convicted.
According to Professor Starrs, however, the above version of the Frye Case is grossly
inaccurate. What really happened was that Frye took back his confession when his court
appointed attorney, Richard V. Mattingly, told him to. By the time the case went to trial,
Frye had come up with an alibi. He said he'd been visiting a woman named Essie Watson.
In his book, The Lie Detector Test, Marston states that he was called into the case by
Mattingly a few weeks before the trial because the attorney couldn't find any witnesses to
support Frye's alibi. Marston went to the jail on June 10, 1922 to give Frye his systolic blood
pressure test, a primitive method that involved nothing more than a standard medical
blood pressure cuff and a physician's stethoscope. After each question put to Frye, Marston
simply took his blood pressure. Compared to Larson's polygraph that at the time was a year
old, Marston's test was crude and unreliable.
After Marston had administered his test, he was convinced of Frye's innocence. He
wrote: “No one could have been more surprised than myself to find that Frye's final story of
innocence was entirely truthful! His confession to the Brown Murder was a lie from start to
finish.”3
The murder trial began on July 17, 1922 in a Washington, D.C. court before Judge
William McCoy. The defense was based upon Frye's alibi witnesses and Marston's lie
detection test. When the defense attorney tried to put Marston on the stand so he could
explain his lie detection test results, Judge McCoy objected. The judge also denied the
lawyer's request to allow Marston to give an open court demonstration.
The trial lasted four days, and without the lie detection evidence, Frye didn't have
much of a defense. According to Marston, someone had frightened off his alibi witnesses.
Frye therefore had no choice but to take the stand and testify on his own behalf.
Despite the fact Judge McCoy had made a decision that would become an
important and historical legal precedent, his ruling did not affect Frye as one would expect.
Since the argument over the admissibility of Marston's test was conducted in front of the
jury, the jurors knew that Marston's procedure had corroborated Frye's claim of innocence.
The jury deliberated three hours then returned with a verdict of guilty. But instead of
finding Frye guilty of first degree murder, a crime that called for the death penalty, they
found him guilty of murder in the second degree, an offense that brought a life sentence.
As Marston put it: “As far as James Frye was concerned, the test undoubtedly saved his life.
No jury could help being influenced by the knowledge that Frye’s story had been proved
truthful by the lie detector.”
The irony of the Frye Case can be summed up as follows: A guilty man's life was
saved by the erroneous results of a lie detector test that had been ruled inadmissible
because of its scientific unreliability.
The influence the lie detector had on the Frye jury was exactly the type of thing
Judge McCoy was trying to avoid. If lie detection results were offered by the prosecution as
evidence of an innocent man's guilt, the results could be disastrous.
Richard Mattingly appealed Fry's conviction on the grounds Judge McCoy had erred
in excluding Marston's test. Marston, himself a lawyer, followed the case closely. In a letter to
John Larson he mentioned that he had read in the newspaper that Larson had gotten the
polygraph evidence into court. “If this is so,” he wrote, “will you not give me details and
citation, if possible, to help us in the Frye Case? We are after a Supreme Court precedent in
that case, and are carrying it up, after conviction of second-degree murder, squarely on the
deception test exception, as you may have noted.”
Larson replied a few weeks later: “I wish to say that the papers were mistaken, for no
attempt has yet been made to introduce our deception records into court. I might add that
the chief reason has been that we have not been invited to do so.” Later in his letter, Larson
made a statement that must have unsettled Marston a bit: “Whenever I can find time to
write up the cases, I will send copies of the records of all types of cases and of individuals
who have lied without any appreciable change of blood pressure, as well as those who have
shown extreme changes.”6
In 1923, the Circuit Court of Appeals in the District of Columbia upheld Judge
McCoy's exclusion of Marston's lie detection results. Judge Van Orsdel wrote the appellate
court's opinion which established a test for the admission of expert testimony based upon
new scientific principles, a standard that is used by the courts today. The portion of the Frye
opinion most courts cite when denying the introduction of evidence, they don't like,
including polygraph evidence, is:
Just when a scientific principle or discovery crosses the line between the
experimental and demonstrative stages is difficult to define. Somewhere in this twilight
zone the evidential force of the principle must be reorganized, and while courts will go a
long way in admitting expert testimony deduced from a well-recognized scientific principle
or discovery, the thing from which the deduction is made must be sufficiently established
to have general acceptance in the particular field in which it belongs.
We think the systolic blood pressure deception test has not gained such standing
and scientific recognition among physiological and psychological authorities as would
justify the courts in admitting expert testimony deduced from the discovery, development,
and experiments thus far made.
Although Judge Van Orsdel set a general standard for the admission of new
scientific evidence, his opinion doesn't indicate exactly what he objected to in Marston's lie
detection procedure. It is not clear whether the judge questioned the principle that lying
causing changes in a person's blood pressure or if he objected to Marston's systolic blood
pressure test as a method of gathering and recording data for interpretation. He may have
rejected both the scientific principle behind Marston’s test and the technique itself.
If the Frye court's rejection primarily involved the lie detection technique rather than
the scientific principle behind it, then it was Marston's systolic blood pressure evidence, not
Larson's polygraph that was being ruled inadmissible in the Frye Case. If so, it could be
argued that the Frye decision has been inappropriately cited all of these years as precedent
for the exclusion of polygraph evidence.
It's interesting to speculate on what would have happened if Judge McCoy had been
confronted with the polygraph instead of Marston's procedure. In all probability the result
would have been the same. In Larson's case, however, the defense may not have pushed to
get the results into court since Larson's results probably would have shown that Frye was
lying.
At any rate, it is clear that Marston, in attempting to get his evidence into court, had
jumped the gun, and in so doing, had forced the court to reject scientific lie detection. As a
result, a legal precedent was established that has haunted the polygraph field for over sixty
years.
As for James Frye, he was paroled from the District of Columbia Prison at Lorton,
Virginia on June 17, 1939. He had served eighteen years in prison. Frye died in 1953 at the age
of fifty-eight. If it hadn't been for William Marston, he may have died a lot sooner.
CHAPTER 3
SCENE OF THE CRIME OPERATION
LESSON 1
SPECIAL CRIME INVESTIGATION DEFINED
Philippines justice system, particularly the court, relies more on physical evidence rather
than extra-judicial confessions and testimonies.
It generates tracing evidence that leads to the apprehension of dangerous criminals.
Oftentimes, potential valuable evidences are destroyed or rendered useless be careless
behavior and handling at the crime scene.
Book of Xi Yuan Lu - The first written account of using medicine and entomology to solve
criminal cases.
Carl Wilhelm Scheele - he devised in 1773 a method for detecting arsenous oxide, simple
arsenic, in corpses.
Henry Goddard - at Scotland Yard pioneered the use of bullet comparison in 1835.
Alphonse Bertillon - was the first to apply the anthropological technique of anthropometry
to law enforcement, thereby creating an identification system based on physical
measurements.
Sir William Herschel was one of the first to advocate the use of fingerprinting in the
identification of criminal suspects.
Azimuth - uses polar coordinates. This method requires two people; one to hold each end of
a tape measure. This type of measuring convention is best suited for large open areas
where there might not be any fixed reference points. A known starting point must be
established in your scene which might require pounding in a stake. That point is located by
using a handheld GPS (global positioning system). A large protractor or some other type of
board marked with a circle and degree increments is used. The zero location on the board is
oriented toward magnetic north.
Triangulation - is a method that can be used when the scene is irregularly shaped. Two
control points are used for this method.
Rectangular is a method of obtaining measurement to locate an object by making a
measurement at right angles from each of two walls. Works
well for indoor measurements.
LESSON 2
Key Terminologies in Special Crime Investigation
Criminal Profiling, also known as, Offender Profiling refers to a set of investigative
techniques used by the police to try to identify perpetrators of serious crime. It involves
working out the characteristics of an offender by examining the characteristics of the crime
scene and the crime itself.
Crime Scene Processing, this approach is not only common sense, but also vital. The steps
employed to adequately assess any crime scene are, quite basically, to interview, examine,
photograph, sketch and process a crime scene. Processing a crime scene requires great
attention to detail and nuance.
Physical Evidence (also called real evidence or material evidence) is any material
object that plays some role in the matter that gave rise to the litigation, introduced
as evidence in a judicial proceeding (such as a trial) to prove a fact in issue based on the
object's physical characteristics.
Corpus Delicti means “body of the crime” in Latin. It is also defined as the body or
substance of the crime and, in its primary sense, refers to the fact that a crime was actually
committed. A principle that a crime must be proved to have occurred before a person can
be convicted of committing that crime.
Parricide is the act of killing one's father (patricide), or less commonly one's mother
(matricide) or some other close relative.
Murder–suicide is an act in which an individual kills one or more people before (or while)
killing themselves.
Sketch is a rough drawing representing the chief features of an object or scene and often
made as a preliminary study. There are two types of sketches that must be prepared during
an investigation:
a. Rough Sketch is a sketch drawn at the crime scene that contains an accurate depiction
of the dimensions of the scene & shows the location of all objects having a bearing on the
case.
b. Finished sketch is a precise rendering of the crime scene, usually drawn to scale.
Prosecution is the act or process of holding a trial against a person who is accused of a
crime to see if that person is guilty.
Arrest is to seize someone by legal authority, or the legal taking of a person in custody.
Arrest Warrant is an order in writing issued in the name of the
Philippines commanding or directing a peace officer to arrest the person described therein
and brings it before the court. The warrant of arrest is to be served within a statutory period
of 10 days. The warrant of arrest validity continues unless:
1. Recalled by the issuing court;
2. The respondent has been arrested; and
3. Respondent voluntary submitted himself.
Conviction is a formal declaration that someone is guilty of a criminal offense, made by the
verdict of a jury or the decision of a judge in a court of law.
Appeal is to apply to a higher court for a reversal of the decision of a lower court.
Criminal Law is that branch or division of law which defines crime, treats of their nature,
and provides for their punishment. It binds all the people who lives or sojourn in the
Philippine territory.
In Flagrante Delicto or sometimes simply in flagrante is a legal term used to indicate that a
criminal has been caught in the act of committing an offence. The colloquial "caught red-
handed" and "caught rapid" are English equivalents.
Armed Robbery involves the use of weapons such as firearms, knives or other dangerous
weapons.
a. Animus Lucrandi is the intent to gain in a robbery.
b. Bienes Muebles means a personal property belonging to another, in Robbery.
Power-Reassurance Rapist is one who psychologically doubts his masculinity and seeks to
dispel this doubt by exercising power and
control over women.
Photography is the most reliable means of preserving the crime scene or evidence.
Contusion is an injury found in the substance if the skin, discoloration of the surface due to
the extravasations of blood. This is due to the application of blunt instrument.
Abrasion is an injury characterized by the removable of the superficial epithelial layer of the
skin brought about by the friction against a hard rough surface.
Hematoma is the extravasations of blood in the newly formed cavity.
Incised wounds are produced by forcible contact on the body by sharp edged instrument
like bolos, knives, axe, broken glass or sharp edge of oyster.
Stab wounds are produced by the application of a sharp instrument which is edge and
sharp pointed.
Punctured wounds are produced by sharp pointed instrument like ice picks, nails pins, etc.
Lacerated wounds are made by the tearing of the skin due to forcible contact a blunt
instrument.
Investigation was derived from the Latin word “Investigatus or Investigare” which means to
trace or track. Literally, investigation means the act or process of careful inquiry or research;
and /or the systematic examination of some scientific detail or question whether by
experiment or mathematical treatment. It may have been derived also from “vestigium,”
another Latin word which literally meant footprint.
It can also be understood as a patient, step by step (systematic) and careful (thorough)
examination of something or someone. It can be a legal or non-legal. With this premise,
investigation can be identified into six major types:
a. Formal Investigation refers to official inquiry conducted by a government agency in an
effort to uncover facts and determine the truth.
b. Inquest is an effort to search the basic cause of an incident such as the commission of a
crime. It is also used to describe a form of judicial inquiry.
c. Inquisition is a more historical description than a current usage to describe penetrating
investigation concerning a religious issue.
d. Probe is similar to formal investigation but is an extensive, searching inquiry conducted
by a government agency.
e. Research is most often employed to refer the careful, patient investigations done by
scientists or scholars in their efforts to identify original sources of data or causes of problem.
f. Investigative Reporting is a recent type of investigation conducted by the members of
the press on their own initiative.
The primary job of the investigator is to discover whether or not an offense has been
committed under the law, after determining what specific offense has been committed, he
must discover how it was committed, by whom, where it was committed, when and why it
was committed.
Criminal Investigation is an art which deals with the identity and location of the offender
and provides evidence of guilt through criminal proceedings. It may also be defined as may
be defined as the process of carefully examining or researching what transpired in a
criminal act. Modern-day criminal investigations commonly employ many modern scientific
techniques known collectively as forensic science.
In the course of investigating crime, criminal investigation takes the following stages to
ensure the success of the case being handled namely:
At the heart of criminal investigative process is the RULE OF LAW. As it applies to the duties
of the investigator, the rule of law dictates what officers can and cannot do while
performing their duties. The following are some legal doctrines in criminal law basically
used in criminal investigation:
1. Exclusionary Rule – in 1914, in Weeks vs. USA, the US Supreme court decided a rule that
federal courts may not accept evidence obtained by unreasonable search and seizure,
regardless of its relevance to a case.
2. Fruit of the Poisonous Tree Doctrine – provides that the evidence obtained as a result of
an illegal operation must be excluded from trial. (Mapp vs. Ohio)
3. Miranda Doctrine requires that suspects must be informed of their right to remain silent,
and to have an attorney present during questioning process. It also mandates that prior to
any questioning, the police must inform the suspect of his: right to remain silent; right to
consult with an attorney; and his rights cannot be waived except in writing and in the
presence of a counsel.
Due process is the legal requirement that the state must respect all legal rights that are
owed to a person. Due process balances the power of law of the land and protects the
individual person from it. When a government harms a person without following the exact
course of the law, this constitutes a due process violation, which offends the rule of law.
In the Philippines, due process is mentioned particularly in article III of the 1987 Philippine
Constitution where due process seeks to ensure the that no person is deprived of life,
liberty, or property without notice of changes, assistance from legal counsel, a hearing and
a chance to confront one’s accusers. In short, due process can be defined as “IT HEARS
BEFORE IT CONDEMNS.”
LESSON 3
THE GOLDEN RULE OF INTERVIEW
Cognitive Interview is a form or technique in the conduct of interview upon willing and
cooperative witnesses, where they are given the full opportunity to narrate their accounts
without intervention, interruption and inference from the interviewer.
Rapport is the development of intimacy between the interviewer and the interviewee. It is
winning the confidence of a person being interviewed in order that he will tell all the
information in his possession. The interviewer must be in respectable civilian attire because
many thinks that uniform is intimidating.
Forceful Personality pertains to the appearance of the interviewee and other qualities such
as skills of communication techniques and the force of his language are the mainstays of
the strength of his character.
Conversational Tone of Voice means that his tone of voice must be conversational, not
confrontational as in interrogation.
Common Interest shows that his preliminary probing questions should be aimed to
establish common interest between him and the subject.
Acting Qualities refers to the fact that the investigator must possess the qualities of an
actor, salesman, and psychologist and knows how to use the power of persuasion.
Humility states that he must be courteous, sympathetic and humble, ready to ask
apologies for the inconvenience of the interview.
LESSON 4
THE WITNESS
A witness is a person who sees an event, typically a crime or accident, take place.
2. The Daubert test is a standard for determining the reliability of scientific expert
testimony in court currently adopted by many jurisdictions. Five factors are utilized to
assess the scientific theory or technique testing of theory, use of standard and controls,
peer review, error rate, and acceptability in the relevant scientific community.
2. Great Inconvenience
The ordeal of testifying in court is an inconvenience on the part hands-to-mouth and to the
unemployed.
5. Avoidance of Publicity
These are witnesses who are shy and they shun publicity that will bring them discomfort to
their ordinary or obscure way of living.
6. Family Restriction
Some famous and respected families preserve their reputation by instilling to their
members the need of approval of their elders on matters affecting their families.
7. Bigotry
Religious, racial, tribal, or ethnic kind of indifference.
8. Cultist Indoctrination
Some cults or religious denomination exercise religious or moral influence on the decision
of witnesses to testify. It would be more apparent when the witness and the suspect belong
to the same cult.
2. Approach
The investigator must carefully select his kind of approach, which may be a single kind,
a combination of two, or the application of all techniques.
3. Warming Up
This is being done by preliminary or exploratory questions to clear the atmosphere,
promote a conducive ground for cordiality, respect, and trust.
4. Cognitive Interview
The subject is now asked to narrate his account without interruption, intervention or
inference.
Rules in Questioning
One Question at a Time
Avoid multiple, complex and legalistic question.
Avoid Implied Answers
The nod of the head or any other body language as a response to the question should be
avoided. The answer must be oral, clear, explicit and responsive to the questions.
Simplicity of Questions
A short, simple question at a time is required.
Saving Faces
Embarrassing questions on the subject on matters of exaggeration of honest errors about
the time, distance and description can be avoided if the investigator will cooperate with the
subject to “save his face.”
Yes and No Answers
Do not ask questions which could be answered by “Yes” or “No.” It will curtail the complete
flow of information and will lead to accuracy.
Disinterested Types are those who are uncooperative and indifferent subject. Their
difference should be demolished to arouse their interest or to be flattered.
The Drunken Types are the ones that the investigator must adapt to, especially on the
psychological part of the subject. When this type of subject is sobered, another interview
will be conducted, confronting him about his disclosures while in the state of drunkenness.
Written statement must be taken during his sobriety.
4. Suspicious Type is those who are suspicious about the motive and actions of the
investigator. The barrier of the suspicions may be removed by sincere explanations or
psychological pressure.
Talkative Types are those who are prone to exaggerate, adding irrelevant or new matters
to their narrations. The skillful investigator could prune the unnecessary matter from
relevant ones.
Honest Witnesses are truthful and cooperative witnesses where the investigator could rely
upon, with little or no problem in handling them.
Deceitful Witness is a liar. The investigator must let them lie in order for them to repeat
their narrations several times. They will be enmeshed in contradictions.
Timid Witness is the shy-type of witness. The approach must be friendly and they must be
reassured of the confidentiality of the information given.
Boasting, Egoistic or Egocentric Witnesses are good witnesses because of their ability to
express their accounts of the commission of the crime. They are susceptible to add color or
importance in their role as witnesses, probably under-rating the accounts of others.
Refusal-to-Talk Witness is the most difficult subjects to deal with. The causes may be
trauma, shock, fear, hatred, and others.
The IRONIC Format is a form of interview wherein the witness can be described by its
acronym ‘IRONIC’ which stands for Identity, Rapport, Opening Statement, Narration,
Inquiry, and Conclusion.
Identity
Prior to the commencement of an interview, the investigator should identify himself to the
subject by name, rank, and agency, except when there is no need to know the officer’s
identity.
Rapport
It is good to get the positive feeling of the subject towards the investigators, such friendly
atmosphere is a vital for both the subject and the investigator to have a better interaction.
Opening Statement
The investigator must have to indicate why the subject is being contracted.
Narration
The witness should be allowed to tell all he knows with little interruptions from the
investigator.
Inquiry
After all information have been given by the subject, that is the time for the investigator to
as question to clarify him about the case under investigation.
Conclusions
After the interview, it is but proper to close the interview with outmost courtesy and
thanking the subject for his cooperation.
Statement Analysis
All complaints and testimonies of witnesses are subjected to the crucible truth. Utmost care
must be exercised before concluding the culpability of the suspect.
LESSON 5
THE ART OF OBTAINING INFORMATION
Information is the knowledge or data, which an investigator acquired from other persons
or records.
Classes of Information
1. Regular Sources are records, files from the government and non-government
agencies, and new items.
2. Cultivated Sources are information gathered upon initiative of the investigator from
informants, vendors, taxicab drivers, and others.
Informant is a person who gives information to the police relevant to a criminal case about
the activities of criminals or syndicates.
Types of Informants:
Anonymous informant does not wish to be identified.
Motives of Informants
a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration
3. Grapevine Sources are information coming from the underworld characters such as
prisoners and ex-convicts.
MIDTERM COVERAGE
LESSON 1
POLICE IN THE MODERN WORLD
I. Concepts of Criminalistics
The first polygraph was created in 1921, when a California-based policeman and physiologist
John A. Larson devised an apparatus to simultaneously measure continuous changes in
blood pressure, heart rate and respiration rate in order to aid in the detection of deception.
The invention of the polygraph cannot be, however, attributed to a single individual. Seven
years prior, in 1914, Italian psychologist Vittorio Benussi had published his findings on the
respiratory symptoms of the lie detector, and it was American psychologist, lawyer and
author William M. Marston who invented the discontinuous systolic blood pressure test for
the detection of deception in 1915 which, when taken together, formed the basis for Larson’s
polygraph.
Larson’s early work benefited from the aid of his then-protégée Leonarde Keeler, who is
often credited with the creation of the first polygraph testing procedures, such as the
Relevant/Irrelevant Question Technique.
Keeler was responsible for making the polygraph apparatus portable and was the first to
add the galvanic skin response (GSR) channel to it in 1938, based on the work of Fordham
University Graduate School Psychologist Reverend Walter G. Summers. Keeler, however, did
not share Larson’s dedication to academia, but rather desired financial and commercial
success. Prior to his death in 1949, Keeler contributed greatly towards the popularity of the
polygraph, much like Marston did, but also became one of the first of many to focus purely
on the polygraph’s lucrative potential at the expense of any academic contribution.
Following Keeler’s death, the polygraph’s history continued unabated with John E. Reid,
who is known for the controversial ‘Reid Technique’ of interviewing/interrogation. Reid did
not only establish his own polygraph school, but developed the CQT, the polygraph testing
procedure that replaced Keeler’s Relevant/Irrelevant Question technique as the most widely
used technique, which it remains to date.
❖ Handling Denials
When the suspect asks for permission to speak in this stage (likely to deny the accusations),
the investigator should discourage allowing the suspect to do so.
❖ Overcoming Objections
When attempts at denial do not succeed, a guilty suspect often makes objections to
support a claim of innocence. The investigator should generally accept these objections as
if they were truthful, rather than arguing with the suspect, and use the objections to further
develop the theme.
Ex. “I would never do that because I love him.”
Any police photographs are considered forensic if they are recorded and sworn by the
police photographer as evidence authored under law. Also, surveillance photos of a suspect
or a security camera documenting a beer store robbery can be introduced as forensic when
sworn by the owner and then used as evidence.
3. Forensic Chemistry involves the use of the science of chemistry in the examination of
fibers, hairs, powder burns, blood, stain, paints, poisonous substances and other matters in
their relevance to the investigation.
Chemistry Division:
1. Analysis of contact traces
2. Comparison of materials
3. Proof of fraud or false pretense
4. Toxicology, isolation and identification of poisons
5. Examination and comparison of prohibited drugs
6. Identification of substances used in abortion
7. Determination of alcohol in body fluids from allegedly intoxicated motorists
8. Identification of explosives
9. Malicious damage with chemicals
10. Water pollution
11. Fire raising materials from debris taken from scenes of fire
4. Legal Medicine is used to determine the cause of death as one of the elements of corpus
delicti and it could also approximate the time of death and other pertinent and relevant
matters in the investigation.
A comparison microscope is used for the examination of fired bullets, bullet fragments and
cartridges/shot shell cases. According to the shot patterns of the crime scene, authorities
speculated whether this shooting was an accident or intent.
It deals with the preservation of fingerprints, bite marks, broken fingernails, bodily fluids,
shoe or tire markings, hair strands, fibers, paints, glass, blood/stains and dried blood stains.
Another notable amendment is the change of the term “Best Evidence Rule” to “Original
Document Rule.” This change was made to reflect the precept that the application of the
rule is limited to documentary evidence only.
Furthermore, the RRE expanded the definition of documentary evidence. Under Section 2
of Rule 130, documentary evidence includes writing, recording, photograph or other record.
Photographs, still pictures, drawings, stored images, X-ray films and motion pictures or
videos are expressly included in the definition of documentary evidence. Given that
photographs and recordings are considered documentary evidence, the “Original
Document Rule” likewise applies.
LESSON 2
INSTRUMENTATION
Hair Examination
The roots of the hair when examined under this new technology will determine the
presence of drugs taken by the person two years prior to the said examination.
LESSON 3
RELEVANT LAWS
No. 7 Opinion Rule, Sec. 48. General Rule. – The opinion of witness is not admissible,
except as indicated in the following sections.
Section 42. Part of Res Gestae. – Statements accompanying an equivocal act material to
the issue, and giving it a legal significance, may be received as part of the res gestae.
No. 7 Opinion Rule, Sec. 49. Opinion of Expert Witness. – The opinion of a witness on a
matter requiring special knowledge, skill, experience or training which he shown to possess,
may be received in evidence.
No. 7 Opinion Rule, Sec. 48. Opinion of Ordinary Witnesses. – The opinion of a witness for
which proper basis is given, may be received in evidence regarding:
The identity of a person about whom he has adequate knowledge;
A handwriting with which he has sufficient familiarity; and
The mental sanity of a person with whom he is sufficiently acquainted.
The witness may also testify on his impressions of the emotion, behavior, condition or
appearance of a person.
B. R.A. 9208
Sec. 1. Title. This Act shall be known as the “Anti-Trafficking in Persons Act of 200.”
Sec. 2. Declaration of Policy. – It is hereby declared that the State values the dignity of
every human person and guarantees the respect of individual rights. In pursuit of this
policy, the State shall give highest priority to the enactment of measures and development
of programs that will promote human dignity, protect the people from any threat of
violence and exploitation, eliminate trafficking in persons, and mitigate pressures for
involuntary migration and servitude of persons, not only to support trafficked persons but
more importantly, to ensure their recovery, rehabilitation and reintegration into the
mainstream of society.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as "trafficking in persons" even if it does not involve any
of the means set forth in the preceding paragraph.
(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen
(18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.
(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a
person by another, for sexual intercourse or lascivious conduct in exchange for money,
profit or any other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or
deception.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor
or those of a person under his/her control as security or payment for a debt, when the
length and nature of services is not clearly defined or when the value of the services as
reasonably assessed is not applied toward the liquidation of the debt.
(i) Council - shall mean the Inter-Agency Council against Trafficking created under Section
20 of this Act.
LESSON 4
CONCEPTS OF HUMAN RIGHTS INCLUDING THE RIGHTS OF A PERSON UNDER
CUSTODIAL INVESTIGATION
Custodial Investigation is any questioning by law enforcement after a person has been
taken into custody or otherwise deprived of his freedom of action in any significant way. It
refers to the investigation conducted by law enforcement immediately after arrest for the
commission of an offense. It begins when a person has been arrested and brought to the
custody of law enforcers in which suspicion is focused on him in particular and questions
are asked from him (the suspect) to elicit admissions or information on the commission of
an offense.
R.A. 7438, otherwise known as “AN ACT DEFINING CERTAIN RIGHTS OF A PERSON
ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES
OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING FOR
VIOLATIONS THEREOF,” was enacted into law.
D. Bill of Rights - Sec. 12, Article III of the 1987 Constitution states that:
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.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence.
Sec. 17 states that no person shall be compelled to be a witness against himself.
(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.
Applied to the criminal realm, a criminal investigation refers to the process of collecting
information (or evidence) about a crime in order to:
(1) Determine if a crime has been committed;
(2) Identify the perpetrator;
(3) Apprehend the perpetrator; and
(4) Provide evidence to support a conviction in court.
FINAL COVERAGE
LESSON 1 - FINALS
Confession is the direct acknowledgement of guilt arising from the commission of a crime.
Types of Confession
Extra-Judicial Confession is those made by the suspect during custodial
investigation.
Judicial Confession is those made by the accused in open court. The plea of guilt
may be during arraignment or in any stage of the proceedings where the accused
changes his plea of not guilty to guilty.
2. Physical Show-Up is only one person is shown to the witness usually at the scene of the
crime and made immediately after the arrest of the suspect.
LESSON 2 - FINALS
If you do a Google search on how to tell when someone is lying, you’ll find many articles
that give you lists with items such as nervousness, voice changes, fidgeting, or averting eye
contact. But if you have ever participated in an interview, these happen all the time! These
are perfectly normal reactions to a relatively stressful event such as an interview or
interrogation. Also, 23% of people admit lying during an interview.
2. Omission – leaving out relevant information. Easier and least risky. It doesn’t involve
inventing any stories. It is passive deception and less guilt is involved.
1. White lie
In this model, white lies are altruistic as we seek first to help others, even at some cost to
ourselves.
In practice, there are shades of white and what we tell ourselves are white lies are often
tending more towards gray than pure white. Even when we lose out significantly, there is
arguably always some benefit, for example in the way we feel good about our actions and
how others praise or thank us for our selflessness.
2. Gray lie
Most of the lies we tell are gray lies. They are partly to help others and partly to help
ourselves. They may vary in the shade of gray, depending on the balance of help and harm.
Gray lies are, almost by definition, hard to clarify. For example you can lie to help a friend
out of trouble but then gain the reciprocal benefit of them lying for you while those they
have harmed in some way lose out.
3. Black lie
Black lies are about simple and callous selfishness. We tell black lies when others gain
nothing and the sole purpose is either to get ourselves out of trouble (reducing harm
against ourselves) or to gain something we desire (increasing benefits for ourselves). The
worst black lies are very harmful for others. Perhaps the very worst gain us a little yet harm
others a great deal.
4. Red lie
Red lies are about spite and revenge. They are driven by the motive to harm others even at
the expense of harming oneself. They may even be carved in blood. When we are angry at
others, perhaps because of a long feud or where we feel they have wronged us in some
way, we feel a sense of betrayal and so seek retributive justice, which we may dispense
without thought of consequence.
The interrogator/interviewer seeks to understand lies and the motivation beneath them.
Then respond to the lies in ways that help people tell the truth or otherwise further his or
her aims.
When a person being questioned lies, they question their own motives. It is easy to think
they are telling white lies when actually they are a certain shade of gray. The
interrogator/interviewer must know how to read between the lines.
Interrogation Techniques are used to make someone admit or confess to the crimes that
they did.
1. Pretext Phone Call
The police will arrange for the alleged victim or someone related to the victim to call you
out of the blue, saying something like,
“If you apologize for what you did, we will not go to the police or press charges. We just
want to hear that you are sorry.”
Rationale:
If this person apologizes and the person who called recorded this phone call, it is most likely
to be admitted in court as your admission of guilt or even as your confession, depending on
the conversation. Also, this can happen even before the police interrogate this person who
was called. They may have already gotten your incriminating statements, admissions of
guilt, or confession through this pretext.
2. Isolation
The interrogation room is usually very small, no window, no paintings on the wall, posters or
even clocks, which means there is nothing for the person in custody to fix his or her eyes on
and the person will only have to look at and listen to the interrogator.
Factors:
a. Small and isolated interrogation room
b. No window
c. No distraction
Suspect is fixed while officer is mobile
d. Suspect is stewed for a period of time before questioning
Rationale: This makes the person who is going to be interrogated feel like he is being
isolated, alone and completely powerless.
3. Rapport Building
The interrogator asks friendly and non-case related questions in the beginning such as, “I
see you wearing a Chicago Bulls hat. Are you a fan of Michael Jordan?” and it also the
beginning of a small talk. They may also offer a drink and some interrogators also go the
extra mile and wear the similar clothes in order to emphasize similarity and to establish
rapport.
Rationale: They chat and interact with you in order to establish a behavioral baseline so that
later on they will be able to sense when you are tense.
4. Waiver of Rights
The interrogator will establish the fact that he or she wants to know the suspect’s side of
the story. With a calm tone, they will ask you nicely to fill out a form and very easily get you
to give up your right to remain silent and right to legal counsel.
“It seems like you want to talk to me. Seems like you are someone I can talk to openly and
honestly. I bet you are quite eager to tell me what happened.”
5. Sympathetic Appeal
The suspect may feel the need for sympathy or friendship when he is apparently in trouble.
Gestures of friendship may win his cooperation.
6. Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind
and friendly manner.
“I know you are not like this. So, what really did happen to make you do it?”
12. Jolting
May be applied to calm and nervous subjects by constantly observing the suspects, the
investigator chooses a propitious moment to shout a pertinent question and appear as
though he is beside himself with rage.
13. Accusation
The suspect will not have the chance to deny things. The interrogator will interrupt all of his
or her denials. Essentially, they will not allow these people to effectively verbalize any
coherent denials or defense.
“We know for a fact that you did it. I just want to understand why.”
CDI 4 - TRAFFIC
MANAGEMENT AND
ACCIDENT
INVESTIGATION WITH
DRIVING
CDI 4 TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION
TRANSPORTATION
- is an act or process of conveying from one place to another
- from the Latin word “Terans” meaning across or and move and “Portare” means
to carry
WHEEL
- was invented probably in Western Asia
- one of man’s great inventions
THE ROMANS
- were the major road builders in the ancient world
- Roman road networks reached a total of about 50,000 miles (80, 000 km)
CANALS
- a body of water used to be channel of sea transportation
- the first canal was constructed by Engr. James Brindley
RAILWAYS
- channel of transportation wherein a parallel line of irons were used as roads
- the first railroad is the Stockton and Darlington line (1925)
TRAFFIC
- it refers to the movement of persons, goods, or vehicles, either powered by
combustion system or animal drawn vehicle, from one place to another for the
purpose of safe travel
- originated from Greco-Roman word Trafico and Greek word Traffiga, origin of
which is not known
1. ENFORCEMENT
- the action taken by the police, such as arresting, issuing traffic citation ticket and
providing warning to the erring driver for the purpose of deterring and discouraging and
or preventing such violation
2. EDUCATION
- the process of giving training and practice in the actual application of traffic safety
knowledge
3. ENGINEERING
- the science of measuring traffic and travel, the study of basic laws relative to the traffic
law and generation; the application of these knowledge to the professional practice of
planning, deciding, and operating traffic system to achieve safe and efficient
transportation of persons and goods
5. TRAFFIC ECONOMY
- deals with the benefits and adverse effects of traffic to our economy
MANAGEMENT
- it is an executive function such as planning, organizing, Directing and supervising,
coordinating operating recording and budgeting traffic affairs
AGENCIES INVOLVED IN THE ENFORCEMENT OF TRAFFIC
Land Transportation Office
- tasked to enforce laws, rules and regulation governing the registration of motor vehicles,
operation of motor vehicle and traffic rules and regulation as provided by RA 4136 as
amended.
Land Transportation Franchising and Regulatory Board
- tasked to regulate transport route
- regulate franchising
- prescribe fare rates
- investigate traffic cases
- perform judicial function
- promulgate rules
- impose and collect fees
- formulate and enforce rules and regulation for transport operation for promotion of safety
and convenience of public
- coordinate with concerned agencies and enforce E.O. NO 125,124-A and
E.O. 202 dated June 19,1987
Judiciary
- the branch of government that interprets the law through adjudication of cases
Elementary
- tasked to educate children to obey traffic rules through their programmed curricula
Secondary
- tasked to educate students in obeying tha traffic rules by imposing school policies
intended for the welfare of the students
Higher Education
- they offer subjects on driving and traffic safety course or any allied subjects
TRAFFIC EDUCATION
- is priceless gem in the entire scale of social order of the road
- is the process of inculcating to an individual the knowledge, skill, responsibilities and values
to become a fully developed person
- the key to smooth traffic flow is discipline and to acquire discipline people must be educated
PURPOSE OF DRIVER EDUCATION
1) To Instill awareness of one's legal and moral responsibilities in traffic; and
2) To teach abilities required for one to be eligible for a driver’s license.
SAFETY CAMPAIGN
- the aim of this campaign is to make road users behave properly
- focuses on public information attitudes; this is characterized as road propaganda
BIORHYTHM
- the theory asserting that man exhibit constant variation of energy and mood states
LICENSING SYSTEM
- it is the system of issuing license to any person who is qualified to fulfill the
responsibilities required by the licens
- administered by the LTO
DRIVER’S LICENSE
- issued to the drivers as privilege granted by the government providing statutory
qualification
LICENSING PROCEDURE
RESTRICTION CODE
1. Restriction Code No 1 - limited to drive motor motorcycles
2. Restriction Code No 2 - limited to drive vehicle weighing not more than 4500 kg
3. Restriction Code No 3 - limited to drive vehicles weighing more than 4500 kg
4. Restriction Code No 4 - limited to drive weighing 4500 kg and with automatic
transmission only
5. Restriction Code No 5 - limited to drive vehicle with automatic clutch and weighing more
than 4500 kg
DRIVER
- Licensed operator of a vehicle
CONDUCTOR
- Licensed person allowing limited number of passengers, freight or cargo in public utility
truck or buses
Emergency Vehicles:
1. Vehicle with physician
2. Ambulance on emergency call
3. Vehicle with wounded or sick person
4. AFP/ PNP vehicle on official call
5. Vehicle in pursuit of criminals
6. A police or fire on call
1. Intersection- when two or more vehicle is entering an intersection the one on the left will
give way to the right vehicle.
2. Pedestrian- drivers should yield to pedestrian crossing except at intersection whereas
the movement of vehicles is regulated by a police officer.
3. Through highway/ railroad crossing- the driver shall bring to a full stop before traversing
to an intersection. If there is no hazard the driver may slowdown to 5mph.
4. Police /emergency vehicle- all drivers should yield to emergency to emergency vehicle
except as directed by traffic enforcer. Fire trucks are accepted to speed limit but they are
prohibited to have unnecessary speed.
5. From private road to highway- vehicle from private road must yield to that on a highway.
3. PROHIBITED PARKING
Places where parking is prohibited:
1. Near an intersection
2. Crosswalk/ pedestrian lane
3. Within 6 meters from drive way of any response installation, fire hydrant and private
roads
4. Double parking
5. Sidewalks, alleys, foot of the bridge
6. Places wherein official signs are posted
4. WHEN IN DOUBT, DO NOT OVERTAKE.
- overtaking lane is the lane to the left of overtaken vehicle going in the same direction,
overtaken vehicle is the privileged vehicle
CONSIDER THESE IF YOU OVERTAKE:
1. Signal the intention.
2. Make sure that the overtaking lane is clear and free of oncoming vehicle for sufficient
distance to facilitate proper overtake.
3. Maneuver at own risk, the vehicle being overtaken is the privileged vehicle. Drivers keep
his lane, maintain speed and yield to overtaking vehicle.
4. He shall increase his speed until the overtaken vehicle has cleared the way
5. In a two lanes, on a divided roadway, they may use either of the lanes.
6. In an expressway with fast and slow lanes, on a divided roadway, they may use either
of the lanes.
7. Overtaking is prohibited at crest of a grade curve, railway crossing, at the intersection
and between construction and caution.
9. ON PEDESTRIAN
- Keep off the roadway except when crossing on crosswalk. Wait embark and alight at bus
or jeepney stop.
VIOLATIONS
- those act and omissions against traffic laws
CLASSIFICATION OF VIOLATION
1. Hazardous traffic violations that cause danger to road users. Unsafe behavior and
unsafe conditions are the causes of these violations.
2. Non-hazardous violations that do not affect safety of the public but affect the use of
roads.
PURPOSES:
1. Prevent such violation from endangering the public and inconvenience
2. Prevent continued violation
3. Discourage future violation
TYPES OF WARNING
1. Visual warning - using gestures and signals.
2. Verbal warning - oral warning made when there is newly enacted law
3. Written warning - combination of two preceding types with written note of citation.
TRAFFIC PATROL
- part of traffic supervision by patrolling to ensure public obedience
OBJECTIVES:
1. Deterrence of violators
2. Detection and apprehension
3. Observation and reporting of traffic condition and road condition
4. Providing certain services to public
TYPES OF PATROL
1. Line patrol- it is assigned to a particular place
2. Area patrol- type of patrol assigned to an area of vicinity
TRAFFIC OBSERVATION
1. Stationary traffic observation - officer is assigned at specific place
2. Conspicuous traffic observation - officer attracts attention
3. Visible traffic observation - stationary observation that the observer is in full view
4. concealed traffic observation - observer is not visible to the public
POINTS TO REMEMBER
1. Violators are diversified
2. Conflicts arises in violators
3. You are professional officer, there is no professional violator
4. Be alert for an unexpected
POLICE WORKS
1. Accident investigation
2. Less serious offense
3. Serious traffic offense
SUPERVISED ROUTE
- A street or highway on which traffic is supervised to some considerable degree
MEANS OF DIRECTING
1. Signaling
2. Whistling
3. Gestures
HAND SIGNAL
1. Use hand signals
2. Use uniform signals
3. It must be clear
4. Don’t make verbal
5. Be alert, stand erect
6. Look to the person when signaling
7. Arm signal should be shoulder high
8. Supplement it with whistle
9. Hang your hand when not in use
10. Constant waving of hands causes confusion
11. Maintain 90 degrees turn of the body
12. When stopping point to a man you want to stop
13. Hand signal should be with arm and palm facing the person
WHISTLE SIGNAL
1. One long blast for STOP
2. Two short snappy blast for GO
3. Three blast to be used TO ASK FOR ASSISTANCE
A. COMMAND OF TRAFFIC
- Stand where you can be seen with firm and posture
B. GESTURE IN STOPPING
- Point the arm and index finger toward the vehicle to be stopped then show your palm
- Repeat the process at the opposite side
- Not lower your arm until traffic is ceased
F. TWO-OFFICER TRAFFIC
- The team leader shall initiate command followed by the members.
TRAFFIC JAM
- It is caused by such factors as vehicular accident, stalled vehicle, absence of traffic
enforcer and road construction.
PROCEDURES IN TRAFFIC JAM
1. Determine the cause
2. In case of accident conduct fast investigation
3. In case of engine trouble assist the motorist in pushing car to place
4. Establish oneself and conduct systematic flow of traffic
5. Observe the traffic flow if it smooth, if not repeat procedure no. 1
6. Implement traffic regulation to prevent jam
PEDESTRIAN CONTROL
DRUNKEN DRIVERS
- it is a driver who drives under the influence of alcohol with 10% of intoxicating level
CHEMICAL TEST
1. Blood test
2. Urine test
3. Perspiration test
4. Breath test
5. Skin test
TRAFFIC ENGINEERING
- defined as calculating manipulation or direction. It includes forecasting of future traffic
demands.
FUNCTIONS
1. Fact finding survey and recommendation of traffic laws
2. Supervision and maintenance of the application of traffic devices
3. Planning of traffic regulation
OBJECTIVES
1. Achieve free and efficient and rapid flow of traffic
2. Prevent traffic accident
3. Promotion of traffic engineering
4. Show that good police action and performance makes engineering plans effective
1. ELEMENTARY REQUISITES
- Compel attention
- convey simple meaning at a glance
- allowing time for response
- command respect
2. FUNDAMENTAL TRAITS
- design and outward aspect
- position and placement
- maintenance and condition, appearance and visibility
INTERNATIONAL SIGN
1. Round and red; regulatory movement
2. Round black yellow sign, warning sign
3. Equilateral triangle red sign, directing to yield the right of way
4. Octagon red and white, STOP
5. Red triangle and black sign, approaching danger zone
TRAFFIC LIGHTS
1. Red- stop
2. Amber- slowdown
3. Green- go
PAVEMENT MARKINGS
1. Arrows point to direction
2. Straight lines means no overtaking
3. Broken lines means overtaking is allowed
ROAD CLASSIFICATION
SIDEWALK
- it is the portion of the road that answers the safety of pedestrians
ACCIDENT
- that occurrence in a sequence of events which usually produces unintended injury, death
or property damage
TRAFFIC ACCIDENT
- an accident involving travel transportation on a traffic way
IN CASE OF INJURIES:
1. Stop arterial bleeding
2. Ask for help
3. Protect the wound for exposure
4. Cordon the place
In this rapidly changing world, the delivery of timely information through various
means of communication is undoubtedly important. The ability to communicate effectively
is advantageous in almost any field of police activity and it is an essential element in any
successful organization. While we had the spoken and the printed words as the two of our
basic tools in communication, police report writers nevertheless find difficulty in expressing
clear and concise thoughts.
Values of Report
1. Reports are filed because they are needed for the efficient operation of law
enforcement activities.
2. Reports are permanent records of all important facts of case. They are stockpile of
information to be drawn upon by all individuals on a law enforcement team. The efficiency of
the police department is directly related to the quality of reports and its reporting
procedures.
3. Reports are written and serve as raw material from which records systems are
made.
4. Reports are written to reveal as part of the component of the record system, the
direct relationship between the sufficiency of the department and the quality of its reports
and reporting procedure.
5. Reports are written to guide administrators for policy formulation and decision
making.
6. Reports are written to serve as gauge or yardstick for efficiency evaluation of
police officers.
7. Reports are written to guide prosecutors and courts in the trial of criminal cases
investigated by the police.
Below are expressions which are interchangeably used with one another.
1. Adapt (to make, to correspond, to adjust)
Ex. You have to adapt yourself to the climate.
- Adopt (to choose or take one’s self, as a child, as an opinion, or a course of action)
Ex. We must adopt your suggestions.
2. Advice (a noun meaning counsel or suggestion of information)
Ex. Our company welcomes your advice.
- Advise (a verb meaning to counsel)
Ex. He advises me one personal management.
4. Eminent (distinguished)
Ex. He is an eminent statistician
- Imminent (impending; about to happen)
Ex. It would have been an imminent danger had the soldiers not taken the rescue.
5. Price (the amount of money given or asked for something, costs, value,
worth)
Ex. The price of this percolator is commensurate to its durability.
- Prize (award, reward or honor given)
Ex. Prize will be given to the buyer of this percolator.
The report must be particular, definite, detailed. Use specific words that help you in
conveying your ideas most clearly to the reader. You must make a direct mental connection
with him. The reader should be able to picture in his mind what is in your mind.
Concretize abstract words. Instead of saying “weapon”, specify what kind of weapon
was used. Avoid using poor phrases in police report writing.
Expressions like “it was determined” or “it was learned” should be avoided. Take note
of the following paragraph:
“On June 30, 1990, Primo Dimapuno was arrested and held for investigation of robbery. It was
determined that he was around the vicinity when the complainant found out that his safe
containing jewelry was no longer on his bedside table.”
The following expressions are not specific: therefore, they should be substituted with better
ones, more concrete and treatment.
1. At an early date, in the near future, the earliest possible time you will notified at an early
date. Mention the particular date, this month? This year?
2. Compromise
I have a compromise to attend to.
Name the particular engagement.
3. Party (when referred to somebody as in the legal parlance)
The said party is guilty of murder.
Name the particular person or party.
4. Same
Your delivery man handed me the invoiced and I thanked him for some matter. Use the
pronoun “it”, “they”, or “them” depending on the antecedent.
V. It must be factual
Everything an investigator writes in his report must be based on facts; facts discover
during the course of his investigation. The best words, constructed short declarative sentence
– styling third persons is all that is needed.
The police officer, as we all know is a fact finder. Hence, all the contents of his report
must be factual. There should be no subtraction and addition of data gathered during the
conduct of investigation. If the investigators state in his report that the victim has wound in
her left breast that is a fact because it is based on sight. It is a statement based on facts – it
can be proven.
Any relevant and pertinent information must also be reflected in the report.
It is any written matter prepared by the police involving their interaction with the
community. It is also an exact narration of facts discovered during the course of crime
investigation which serves as a permanent written record for future reference. Finally, it can
be defined as a permanent record of police activities classified as informal and formal which
communicates important facts concerning people involved in criminal activities.
B. SENTENCE CONSTRUCTION
Sentences should be short, simple and direct because the longer the sentence is,
the more difficult is for the reader to follow it, and that lends confusion to your report ,
whereas, short sentences lend emphasis, clarity and communication, which is what any good
report writer strives for, which is what this text is all about, and as example, this entire
paragraph is one sentence with no periods, and at this point, you should feel as though you
are smothering in words and wish there would be a period so you could take a breath.
On the other hand, short sentences are easy to read. They allow for much needed
breathing spaces. Short sentences also provide a refreshing directness seldom found in
longer sentences.
RULE:
1. Correctness in a sentence Crimes are investigated after it is committed, and reports should
be written after the investigation, therefore, a report should be written in the PAST TENSE.
2. Three Essential Elements of a Narrative:
A. Setting – When? Where?
B. Characters – Who? – Victims, Suspects, Witnesses
C. Action – What? Why? How?
Evaluation of Report:
Evaluation of report is done by:
Editing (Edit) – is to check on the contents of the report, the facts presented and
other data included in report.
Proofreading (Proofread) – is scrutinizing the form of the report with respect to its
mechanics – the paragraph, spelling, capitalization and use of punctuations.
WHAT IS FIRE?
Fire is the manifestation of rapid chemical reaction occurring between fuel and an
oxidizer- typically the oxygen in the air. Such rapid chemical reaction releases energy in the
form of heat and light.
Fire is heat and light resulting from the rapid combination of oxygen, or in some cases
gaseous chlorine, with other materials. The light is in the form of a flame, which is composed
of glowing particles of the burning material and certain gaseous products that are luminous
at the temperature of the burning material.
All matters exist of one of the three states – solid, liquid and gas (vapor). The atoms
or molecules of a solid are packed closely together, and that of a liquid is packed loosely, the
molecules of a vapor are not packed together at all, they are free to move about. In order for
a substance to oxidize, its molecules must be pretty well surrounded by oxygen molecules.
The molecules of solids or liquids are too tightly packed to be surrounded. Thus, only vapors
can burn.
However, when a solid or a liquid is heated, its molecules move about rapidly. If
enough heat is applied, some molecules break away from the surface to form a vapor just
above the substance. This vapor can now mixed with oxygen. If there is enough heat to raise
the vapor to its ignition temperature (temperature needed to burn), and if there is enough
oxygen present, the vapor will oxidize rapidly – it will start to burn.
The start of burning is the start of a Chain Reaction (the burning process). Vapor
from heated fuel rises, mixes with air and burns. It produces enough heat to release more
vapor and to draw in air to burn that vapor. As more vapor burns, flame production increases.
More heat is produced, more vapor released, more air drawn into the flames and more vapor
burns, the chain reaction keeps increasing – the size of the fire increases until fuel is
consumed.
CHEMISTRY OF FIRE
Obviously, three things are required for combustion or fire: FUEL (Combustible
materials to vaporize and burn), OXYGEN (Oxygen in air is the common oxidizing agent, to
combine with fuel vapor, air contains 28% O, 78 N, 1% inert gas), and HEAT (to raise the
temperature of the fuel vapor to its ignition temperature). The combinations of these three
elements form the so-called Fire Triangle
Oxygen Heat
Fuel
Figure 1
Figure 1 will show that if any side of the fire triangle is missing, a fire can not start or if any
side of the fire triangle is removed, the fire will go off.
With the presence of the elements of fire, combustion may take place. Before a fuel will burn,
it must be changed to its vapor state. In a fire situation, this change usually results from the
initial application of heat. The process is known as PYROLYSIS. Pyrolysis (also known as
thermal decomposition) is defined as the “chemical decomposition of matter through the
action of heat”. In this case, the decomposition causes a change from a solid state to vapor
state. If the vapor mixes sufficiently with air and heated to high temperature, combustion
results.
The combustion process is better represented by the fire tetrahedron.
Oxygen Heat
Figure 2
The fire tetrahedron is useful in illustrating and remembering the combustion process
because it has room for the chain reaction and because each face touches the other three
faces.
The basic difference between the fire triangle and the fire tetrahedron is that: The
tetrahedron illustrates how flaming combustion is supported and sustained through the
chain reaction. In this sense, the chain reaction face keeps the other three faces from falling
apart.
The fire tetrahedron also explains the flaming mode of combustion. The modes of
combustion are either Flaming mode or Surface mode (Glowing– represented by the fire
triangle).
PROPERTIES OF FIRE
A. The Physical properties
1. Specific Gravity – the ratio of the weight of a solid or liquid substance to the
weight of an equal volume of water.
2. Vapor density – the weight of a volume of pure gas composed to the volume
of dry air at the same temperature and pressure.
3. Vapor Pressure – the force exerted by the molecules on the surface of a liquid.
4. Temperature – the measure of the degree of thermal agitation of molecules.
5. Boiling Point – the constant temperature at which the vapor pressure of the
liquid is equal to the atmospheric pressure.
6. Ignition/Kindling temperature – the minimum temperature at which the
substance must be heated in order to initiate combustion.
7. Fire point – the lowest temperature of a liquid in an open container at which
vapors are evolved fast enough to support combustion.
8. Flash point – the temperature at which a flammable liquid forms a vapor-air
mixture that ignites (mixture with in the explosive range).
To burn a fuel (combustible material), its temperature must be raised until ignition point is
reached. Thus, before a fuel start to burn or before it can be ignited, it has to be exposed to a
certain degree of temperature. When the temperature of a certain substance is very high, it
releases highly combustible vapors known as FREE RADICALS (combustible vapors such as
hydrogen gas, carbon monoxide, carbon dioxide, and nitrogen).
During the process of pyrolysis, the following are involved:
• the fuel is heated until its temperature reaches its fire point,
• decomposition takes place – moisture in the fuel is converted to vapor,
• decomposition produces combustible vapors that rise to the surface of the fuel (free
radicals)
free radicals undergo combustion.
B. The Chemical Properties
1. Endothermic Reactions – changes whereby energy (heat) is absorbed or is
added before the reaction takes place.
2. Exothermic Reactions – those that release or give off energy (heat) thus they
produce substances with less energy than the reactants.
3. Oxidation – a chemical change that is exothermic, a change in which
combustible material (fuel) and an oxidizing agent (air), react. Example of
oxidation is combustion which is the same as actual burning (rapid oxidation)
4. Flames – flames are incandescent (very bright/glowing with intense heat)
gases. It is a combustion product and a manifestation of fire when it is in its
gas-phased combustion.
Types of Flames
a. Based on Color and Completeness of Combustibility of Fuel
1. Luminous Flame – is orange-red, deposit soot at the bottom of a vessel
being heated due to incomplete combustion and has a low
temperature.
2. Non-Luminous Flame – is blue, there is complete combustion of fuel
and has relatively high temperature.
b. Based on Fuel and Air Mixture
1. Premixed Flame – is exemplified by a Bunsen-type laboratory burner
where hydrocarbon (any substance containing primarily carbon and
hydrogen) is thoroughly mixed with air before reaching the flame zone.
2. Diffusion Flame – is observed when gas (fuel) alone is forced through a
nozzle into the atmosphere which diffuses in the surrounding
atmosphere in order to form a flammable mixture. The candle flame is
an example of diffusion flame governed purely by molecular diffusion,
and the flame of the oxyacetylene torch. (diffused – dispersed, widely
spread)
c. Based on Smoothness
1. Laminar Flame – when a particle follows a smooth path through a
gaseous flame.
2. Turbulent Flame – are those having unsteady, irregular flows. As
physical size, gas density or velocity is increased, all laminar gas flows
tend to become turbulent
FIRE ELEMENTS
As mentioned in part one, fire has been described as having three components: fuel,
heat, and oxygen. This triad was illustrated by the fire triangle, which symbolized, in the most
basic terms, a chemical relationship. The additional component needed to explain flaming
combustion is a chemical chain reaction shown in the fire tetrahedron.
FUEL
FUELS (Combustible Materials)– fuel is matter and matter exist in three physical states: solid,
liquid and gas. Solids melt to become liquids, and these may vaporize and become gases.
The basic rule is that at high enough temperature all fuels can be converted to gases. And
each of the physical states exhibits different physical and chemical properties that directly
affect a fuel’s combustibility. For example, gasoline as a liquid does not burn, it is the vapors
rising from the liquid that burn. Likewise, wood, the most common solid fuel, is not
flammable, but gives of flammable vapors (free radicals).
FUEL is also a material that provides useful energy. Fuels are used to heat and cook food,
power engines, and produce electricity. Some fuels occur naturally and others are artificially
created. Such natural fuels are coals, petroleum, and natural gases obtained from
underground deposits that were formed million years ago from the remains of plants and
animals. They are called fossil fuels, which account for about 90% of the energy people use
today.
Synthetic fuels can be made from fossil fuels, certain types of rock and sand, and biomass.
Most fuels release energy by burning with oxygen in the air. But some – especially chemical
fuels used in rockets – need special oxidizers in order to burn. Nuclear fuels do not burn but
release energy through the fission (splitting) of fusion (joining together) of atoms.
Latent heat is the quantity of heat absorbed by a substance from a solid to a liquid
and from a liquid to gas. Conversely, heat is released during conversion of a gas to liquid or
liquid to a solid.
Classification of Gases:
1. Based on Source
a. Natural Gas – the gas used to heat buildings, cook food, and provides energy
for industries. It consists chiefly of methane, a colorless and odorless gas.
Natural gas is usually mixed with compounds of foul-smelling elements like
sulfur so gas leaks can be detected. Butane and propane, which make up a
small proportion of natural gas, become liquids when placed under large
amount of pressure. When pressure is released, they change back to gas. Such
fuels, often called Liquefied Petroleum Gas (LPG) or liquefied Natural Gas
(LNG), are easily stored and shipped as liquid.
b. Manufactured Gas – this gas like synthetic liquid fuels is used chiefly where
certain fuels are abundant and others are scarce. Coal, petroleum, and biomass
can all be converted to gas through heating and various chemical procedures.
2. According to Physical Properties
a. Compressed Gas – gas in which at all normal temperature inside its container;
exist solely in the gaseous state under pressure. The pressure depends on the
pressure to which the container is originally charged and how much gas
remains in the container. However, temperature affects the volume and
pressure of the gas.
b. Liquefied Gas – gas, which, at normal temperature inside its container, exist
partly in the liquid state and partly in gaseous state and under pressure as long
as any liquid remains in the container. The pressure basically depends on the
temperature of the liquid although the amount of liquid also affects the
pressure under some condition. A liquefied gas exhibits a more complicated
behavior as the result of heating.
c. Cryogenic Gas – a liquefied gas which exists in its container at temperature far
below normal atmospheric temperature, usually slightly above its boiling
point and correspondingly low to moderate pressure. Examples of this gas are
air, carbon monoxide, ethylene, fluorine, helium, hydrogen, methane, nitrogen,
and oxygen.
3. According to Usage
a. Fuel Gases – flammable gases usually used for burning with air to produce
heat, utilize as power, light, comfort, and process. Most commonly used gases
are natural gas and the LPG (butane and propane).
b. Industrial Gases - This group includes a large number of gases used for
industrial processes as those in welding and cutting (oxygen, acetylene);
refrigeration (freon, ammonia, sulfur dioxide); chemical processing (hydrogen,
nitrogen, ammonia, chlorine); water treatment (chlorine, fluorine).
c. Medical Gases – those used for treatment such as anesthesia (chloroform,
nitrous oxide); respiratory therapy (oxygen).
Burning of Gaseous Fuels
Gaseous fuels are already in the required Vapor State. Only the proper intermixed with
oxygen and sufficient heat is needed for ignition. Gases like flammable liquids, always
produce a visible flame, they do not smolder.
Chemical Fuels
Chemical fuels, which are produced in solid and liquid form, create great amounts of heat
and power. They are used chiefly in rocket engines. Chemical rocket propellants consist of
both a fuel and an oxidizer. A common rocket fuel is the chemical hydrazine. The oxidizer is a
substance, such as nitrogen tetroxide, that contains oxygen. When the propellant is ignited,
the oxidizer provides the oxygen the fuel needs to burn. Chemical fuels are also used in some
racing cars.
Nuclear Fuels
Nuclear fuels provide energy through the fission or fusion of their atoms. Uranium
is the most commonly used nuclear fuel, though plutonium also provides nuclear energy.
When the atoms of these elements undergo fission, they release tremendous amounts of
heat. Nuclear fuels are used mainly to generate electricity. They also power some submarines
and ships. Nuclear energy can also be produced through the fusion of hydrogen atoms.
• Nuclear Fission – split of the nucleus of atoms
• Nuclear Fusion – combination of two light nuclei of atom
THE HEAT ELEMENT
HEAT – It is the energy possessed by a material or substance due to molecular
activity.
In physics, heat is the transfer of energy from one part of a substance to another or
from one body to another by virtue of a difference in temperature. Heat is energy in transit;
it always flows from substance at a higher temperature to the substance at a lower
temperature, raising the temperature of the latter and lowering that of the former substance,
provided the volume of the bodies remains constant. Heat does not flow from lower to a
higher temperature unless another form of energy transfer work is always present.
The study of energy is rooted in the subject of thermodynamics, a very logical
science that carefully defines energy, heat, temperature and other properties.
Heat is thermal energy in motion that travels from a hot to a cold region. Thermal
energy is a property of matter directly associated with the concept of temperature.
Heat and Temperature
Heat should not be confused with temperature, which is the measurement of the
relative amount of heat energy contained with in a given substance. Temperature is an
intensity measurement, with units in degrees on the Celsius (centigrade), Fahrenheit, or
Kelvin scales. Heat is the measurement of quantity and is given in British thermal units (Btu).
Temperature is the measurement of the degree of thermal agitation of molecules;
the hotness or coldness of something. Thermometer is the instrument used to measure
temperature and commonly expressed in C, F, and K.
Although it is very easy to compare the relative temperatures of two substances by
the sense of touch, it is impossible to evaluate the absolute magnitude of the temperature
by subjective reactions. Adding heat to a substance, however, not only raises its temperature,
causing it to impart a more acute sensation of warmth, but also produces alterations in
several physical properties, which may be measured with precision.
Specific Heat
The heat capacity or the measure of the amount of heat required raising the temperature of
a unit mass of a substance one-degree. If the heating process occurs while the substance is
maintained at a constant volume or is subjected to a constant pressure the measure is
referred to as a specific heat at constant volume.
Latent Heat
A number of physical changes are associated with the change of temperature of a
substance. Almost all substances expand in volume when heated and contract when cooled.
The behavior of water between 0 and 4 C (32 and 39 F) constitutes an important
exemption to this rule. The phase of a substance refers to its occurrence as a solid, liquid, or
gas, and phase changes in pure substances occur at definite temperatures and pressures.
The process of changing from solid to gas is referred to as SUBLIMATION, from solid to liquid
as MELTING and from liquid to vapor as VAPORIZATION. If the pressure is constant, the
process occurs at constant temperature. The amount of heat to produce a change of phase
is called LATENT HEAT, and hence, latent heats of sublimation, melting and vaporization
exist. If water is boiled in an open vessel at a pressure of 1 atm, the temperature does not rise
above 100 C (212 F), no matter how much heat is added. For example, the heat that is
absorbed without changing the temperature of the water is the latent heat, it is not lost but
expended in changing the water to steam and is then stored as energy in the steam, it is
again released when the steam is condensed to form water (CONDENSATION). Similarly, if
the mixture of water and ice in a glass is heated, its temperature will not change until all the
ice is melted. The latent heat absorbed is used up in overcoming the forces holding the
particles of ice together and is stored as energy in the water.
CLASSIFICATION OF FIRES
Based on Cause
1. Natural causes – such as
1. Class A Fire – Ordinary fires; they are the types of fire resulting from the burning
wood, paper, textiles, rubber and other carbonaceous materials. In short, this is the
type of fire caused by ordinary combustible materials.
2. Class B Fire – Liquid fires; they are caused by flammable and or combustible liquids
such as kerosene, gasoline, benzene, oil products, alcohol and other hydrocarbon
deviations.
3. Class C Fire – Electrical fires; they are fires that starts in live electrical wires,
equipment, motors, electrical appliances and telephone switchboards.
4. Class D Fire – Metallic fires; fires that result from the combustion of certain metals
in finely divided forms. These combustible metals include magnesium, potassium,
powdered calcium, zinc, sodium, and titanium.
5. Class K/E – Fires involve in the kitchen.
Republic Act # 6975, the DILG Act of 1990 (Chapter 4, Section 53-59) created the
Bureau of Fire Protection (BFP) to be responsible for the prevention and suppression of all
destructive fires and to enforce the laws on fire.
Fire Protection is the descriptive term referring to the various methods used by the bureau
to stop, extinguish and control destructive fire for eventual prevention of loss of life and
property. It has the following objectives:
1. To prevent destructive fire from starting
2. To extinguish (stop or put out) on going destructive fire
3. To confine a destructive fire at the place where it began
4. To prevent loss of life and property when fire starts
Fire Prevention and Suppression refers to the various safety measures utilized to
stop harmful or destructive fires from starting.
The laws related with the fire prevention and fire protection in the Philippine setting includes
PD # 1185, Fire Code of the Philippine (26 August 1977), PD # 1096, Building Code of the
Philippine (19 February 1977)
The Bureau of Fire Protection is composed of well-trained fire fighters. In fighting
fires, they bring with them ladders and pumps. Additional specialist vehicles can provide
turntable ladders, hydraulic platforms, extra water, foam, and specialist appliances for
hazardous incidents.
In some countries, such as the United States, fire-fighting units are divided into engine
companies and ladder companies. Engine companies operate trucks called engines, which
carry a pump and hoses for spraying water on a fire. Ladder companies use ladder trucks,
which carry ladders of various lengths. Ladder trucks also have a hydraulically extended
ladder or elevating platform to rescue people through windows or to spray water from a
raised position.
Fire fighters in the Philippines handle many types of fires. Each type requires a
different plan of action to put it out. For example, the methods used to fight a building fire
differ greatly from those used to fight a forest or grassland fire.
Factor Affecting Fire Protection and Control
Fire protection and control is affected by the accumulation of fire hazards in a
building or area.
Fire Hazard is any condition or act that increases or may cause increase in the
probability that fire will occur or which may obstruct, delay, hinder or interfere with fire
fighting operations and the safeguarding of life and property
Conditions of Fire Hazards
6. EXPOSURE – also called cover exposure, this is the activity of securing other buildings
near the burning structure in order to prevent the fire from the extending to
another building.
7. CONFINEMENT – This is the activity of restricting the fire at the place (room) where it
started : the process of preventing fire from extending from another section or form
one section to another section of the involved building.
8. VENTILATION – This the operation purposely conducted to displace toxic gases. It
includes the process of displacing the heated atmosphere within the involved
building with normal air from outside atmosphere.
9. SALVAGE – The activity of protecting the properties from preventable damage other
than the fire. The steps are a) remove the material outside the burning area, and b)
protecting or cover the materials by using tarpaulins (cotton canvass treated with
water proofing).
10. EXTINGUISHMENT – This is the process of putting out the main body of fire by using
the 4 general methods of fire extinguishments.
11. OVERHAUL – This is the complete and detailed check of the structure and all materials
therein to eliminate conditions that may cause re-flash; involves complete
extinguishments of sparks or smouldering (glowing) substances (embers) to prevent
possibilities of re-ignition or rekindling.
12. FIRE SCENE INVESTIGATION - This is the final stage of fire suppression activities. It is
an inquiry conducted to know or determine the origin and cause of fire.
1. CLASS A FIRES – by quenching and cooling: water is the best agent in cooling the
burning solid materials; water has a quenching effect that can reduce the
temperature of a burning material below its ignition temperature; (Fire extinguishers
which have water, sand, acid, foam and special solution containing alkali methyl dust,
as found in the loaded stream extinguisher, should be used for this type of fire.)
2. CLASS B FIRES – by smothering or blanketing (oxygen exclusion). This type of fire is
put or controlled by foam, loaded stream, carbon dioxide, dry chemical and vaporizing
liquid.
3. CLASS C FIRES – controlled by a non-conducting extinguishing agent: the safest
procedure is to always de-energize the electrical circuit. Extinguishers that should be
used to put out these type of fires are Carbon Dioxide Extinguishers, Dry Chemical,
Vaporizing liquids.
4. CLASS D FIRES – by using special extinguishing agents marked specifically for metals.
GE type, meth LX, Lith X, Meth L, Kyl, dry sand and dry talc can put out class D fires
5. CLASS E FIRES – only combination of the above methods.
Fire Extinguishers
P - Pull the pin at the top of the extinguisher that keeps the handle from being
pressed. Press the plastic or thin wire inspection band.
A– Aim the nozzle or outlet towards the fire. Some hose assemblies are dipped to the
extinguisher body. Released it and then point at the base of the fire.
S – Squeeze the handle above carrying handle to discharge the extinguishing agent
inside. The handle can be released to stop the discharge at any time.
S – Sweep the nozzle sideways at the base of the flame to disperse the extinguishing
agent.
After the fire is out, probe for remaining smouldering hot spots or possible re-flash of
flammable liquids. Make sure the fire is out before leaving the burned area.
1. Communication Systems
They are necessary to alert fire fighters to the outbreak of a fire. Most fire alarms are
telephoned to the fire department. Many countries have introduced a simple, 3-digit number
as the telephone number to call in emergencies. This number can be dialed from almost any
telephone and from most pay phones without a coin. Dialing this number is free. In the
Philippines, the emergency line is 166.
2. Fire Vehicles
Fire fighters have several types of fire vehicles. The main types are (1) engines, (2)
ladder appliances, and (3) rescue vehicles.
Engines, also called water tenders, have a large pump that takes water from a fire
hydrant or other source. The pump boosts the pressure of the water and forces it through
hoses. Engines carry several sizes of hoses and nozzles. Many also have a small-diameter
hose called a booster line, which is wound on a reel. The booster line is used chiefly to put
out small outdoor fires.
Ladder appliances - There are two kinds of ladder appliances--turntable ladders and
hydraulic platforms.
A turntable ladder appliance has a metal extension ladder mounted on a turntable.
The ladder can be raised as high as 30 meters, or about eight storeys.
A hydraulic platform truck has a cage-like platform that can hold several people. The
platform is attached to a lifting device that is mounted on a turntable. The lifting device
consists of either a hinged boom (long metal arm) or an extendable boom made of several
sections that fit inside each other. The boom on the largest vehicles can extend 46 meters.
A built-in hose runs the length of the boom and is used to direct water on a fire. In most
cases, a pump in a nearby engine generates the pressure needed to spray the water.
Fire Fighting Vehicles - are equipped with portable ladders of various types and sizes.
They also carry forcible entry tools, which fire fighters use to gain entry into a building and to
ventilate it to let out smoke. Common forcible entry tools include axes, power saws, and
sledge hammers.
Rescue Vehicles are enclosed vehicles equipped with many of the same kinds of
forcible entry tools that ladder appliances carry. But rescue vehicles also carry additional
equipment for unusual rescues. They have such tools as oxyacetylene torches, for cutting
through metal, and hydraulic jacks, for lifting heavy objects. They may also carry other
hydraulic tools. With a hydraulic rescue tool, fire fighters can apply a large amount of
pressure to two objects to squeeze them together or prise them apart. The tool is often used
to free people trapped in cars and other vehicles after an accident. Many rescue vehicles also
carry small hand tools, such as crowbars and saws, and ropes and harnesses for rescuing
people from water or high places. In addition, they carry medical supplies and equipment.
Special Fire Vehicles include airport crash tenders and hazardous materials units.
Airport crash tenders are engines that spray foam or dry chemicals on burning aircraft. Water
is ineffective against many aircraft fires, such as those that involve jet fuel or certain metals.
In addition to the above fire fighting equipment, fire fighters are also required to use
protective clothing.
Protective Clothing - clothing for protection against flames, falling objects, and other
hazards. They wear coats and trousers made of fire-resistant material. Other clothing
includes special boots, gloves, and helmets. Fire fighters also use a breathing apparatus to
avoid inhaling smoke and toxic gases.
Fire Prevention and Public Safety
As mentioned earlier, Fire Prevention is a term for the many safety measures used to
keep harmful fires from starting. Fires not only cause extensive damage to valuable property,
but also responsible for large numbers of deaths.
What are the methods of Fire Prevention?
Individuals, groups, and communities use three main methods to prevent fires:
1. Laws and Regulations - Many countries have codes and standards that require
certain types of fire retardant materials and electric wiring to be used in buildings.
2. Inspection of buildings and other property - Fire brigades and other public
agencies inspect public buildings for fire hazards and recommend corrective
action. In some communities, homeowners may agree to have their homes
inspected for fire hazards.
3. Public education about fire safety and prevention - Education is a vital part of fire
prevention programmes because people cause to prevent--almost all fires. Fire
brigades, community groups, and schools teach children and adults about fire
hazards and work to reduce fires throughout the community.
FIRE INVESTIGATION
In the Philippines, the Bureau of fire Protection is the main government agency
responsible for the prevention and suppression of all destructive fires on buildings, houses
and other structures, forest, land transportation vehicles and equipments, ships or vessels
docked at piers or major seaports, petroleum industry installation, plane crashes and other
similar incidents, as well as the enforcement of the Fire Code and other related laws. It has
the major power to investigate all causes of fires and necessary, file the proper complaints
with the proper authority that has jurisdiction over the case (R.A. no. 6975, sec. 54).
If the consequence of the commission of any of the acts penalized under this Article, death
results, the mandatory penalty of death shall be imposed (sec. 10, RA 7659).
Other forms of arson refer to those enumerated under Article 321 of the Revised
Penal Code, as amended like the following:
Suggested Readings:
1. U.S vs. Evangelista, 39 Phil. 825
2. People vs. Tamba, 10 SCRA 296
3. People vs. Paterno, 47 O.G 4600
4. People vs. Villarosa, 54 O.G 3482
5. People vs. Macalma, 44 Phil. 170
Burning of any uninhabited hut, storehouse, barn, shed, or any other property,
under circumstances clearly excluding all danger of the fire spreading, value of the property
not exceed 25.00 pesos.
Suggested Readings:
1. People vs. Alvarez, 52 Phil. 65
2. People vs. Herrera, (C.A) GR no. 5782-R, May 15, 1951
3. People vs. Camporedondo
Crimes Involving Destruction (Art 324, RPC)
The offender causes destruction by any of the following means:
1. explosion
2. discharge of electric current
3. inundation, sinking or stranding of a vessel
4. taking up the rails from a railway track
5. malicious changing of railway signals for the safety of moving trains
6. destroying telegraph wires and telegraph post or those any other
communication system
7. by using any other agency or means of destruction as effective as the above
Burning one’s own property as a means to commit arson (Read Case of U.S vs.
Budiao, 4 Phil. 502) (Article 325, RPC)
Article 326, RPC – Setting Fire to Property Exclusively Owned By the Offender
This act is punished if the purpose of the offender is to:
1. Defraud or cause damage to another or
2. damaged is actually caused upon another’s property even if such purpose is absent
or
3. thing burned is a building in an inhabited place.
Presidential Decree No. 1613 – Amending the Law on Arson
Special Aggravating Circumstance in Arson
1. If the fire started simultaneously in more than one part of the building or
establishment
2. If substantial amounts of flammable substance or materials are stored within the
building not necessary in the business of the offender or for house hold use.
3. If gasoline, kerosene, petroleum, or other flammable or combustible substances or
materials soaked therewith or containers thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed to start a fire, a fire, or ashes or traces
of any of the foregoing are found in the ruins or premises of the burned building
or property.
4. If the building or property is insured for substantially more than its actual value at
the time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy more than two fires
have occurred in the same or other premises owned or under the control of the
offender and / or insured.
6. If shortly before the fire, a substantial portion of the effects insured and stored in a
building or property had been withdrawn from the premises except in the
ordinary course of business.
7. If a demand for money or other valuable consideration was made before the fire in
exchange for the desistance of the offender or the safety of the person or property
of the victim.
What Constitutes Arson?
1. Burning – to constitute burning, pyrolysis must takes place. In other words, there
must be burning or changing, i.e. the fibber of the wood must be destroyed, its
identity changed.
2. Wilfulness – means intentional, and implies that the act was done purposely and
intentionally.
3. Malice – it denotes hatred or a desire for revenge.
4. Motive – is the moving cause that induces the commission of the crime.
5. Intent – is the purpose or design with which the act is done and involves the will.
Physical evidences in arson are often destroyed. To prove arson was committed, Corpus
Delicti must be shown and identify of the arsonist must be established. Corpus Delicti (body
of the crime) is the fact of that crime was committed. The following must show it:
1. Burning – that there was fire that may be shown by direct testimony of complaint,
firemen responding to the crime, other eyewitnesses. Burned parts of the building
may also indicate location.
2. Criminal Design – must show that it was wilfully and intentionally done. The
presence of incendiary devices, flammables such as gasoline and kerosene may
indicate that the fire is not accidental.
3. Evidence of Intent – When valuables were removed from the building before the
fire, ill-feeling between the accused and the occupants of the building burned,
absence of effort to put off fire and such other indications.
What are basic lines of inquiry in Arson Investigation?
The arson investigator must have to inquire on the following a) point of origin of fire
b) motives of arsonist c) prime suspects d) the telltale signs of arson.
8. Color of flame – The color of the flame is a good indication of the intensity of the fire,
an important factor in determining incendiarism.
9. Amount of Heat – A reddish glow indicates heat of 5000 degrees centigrade, a real
bright read about 100 degrees centigrade. Red flames indicate of petroleum. Blue
flame indicates use of alcohol as accelerant.
10. Smoke Marks – An experience investigation will determine the volume of smoke
involved at a fire and the character as residue deposited on walls or elsewhere.
Smoke in marks have often been of assistance in determining the possibility of a
fire having more than one place of origin.
11. Size of Fire – This is important when correlated with the type of alarm, the time
received and the time of arrival of the first fire apparatus. Fires make what might
be termed a normal progress. Such progress can be estimated after an
examination of the material burned the building and the normal ventilation
offered of the fire. The time element and the degree of headway by the flames
become important factors to determine factors to determine possible
incendiarism.
12. Direction of Travel – While it is admitted that no two fires burn in identical fashion,
yet it can be shown that fire makes normal progress through various types of
building materials, combustibility of contents, channel of ventilation and
circumstances surrounding the sending of alarm, an experienced investigator can
determine whether a fire spread abnormally fast.
13. Intensity – The degree of heat given off by a fire and the color of its flame
oftentimes indicate that some accelerant has been added to the material
normally present in a building and the investigator must look for further evidence
pointing to use of such accelerant. Difficulty in extinguishing the fire is often a lead
to suspect presence of such fluid as gasoline and kerosene.
14. Odor – The odor of gasoline, alcohol, kerosene and other inflammable liquids
which are often used as accelerant is characteristics and oftentimes arsonist are
trapped because of this telltale sign. Most of fire – setters are inclined to use
substance which will make the blaze certain and at the same time burn up any
evidence of their crime.
15. Condition of Content – Persons tending to set their house on fire frequently
remove objects of value either materially or sentimentally. Store and other
business establishments oftentimes remove a major portion of their content or
replace valuable merchandise without of style articles.
the Fire ORIGIN
One of the first things to look for is the origin of the fire. Usually, accidental fires have
only one origin; sometimes an arson fire will have several origins. That is, there will be two or
more fires. Normally, a fire burns outward laterally in all directions, the heat generated moves
up, and fires seldom burns down. Ventilation will also affects the burning pattern; but without
unusual ventilation, fires burn equally in all directions except down. It may be necessary to
go to several spots and point back to the most damaged areas; where the lines crosses
probably will be the origin of the fire.
Explosions also feed in all directions; the heat effect is usually intense. The point of
explosion is usually easier to determine than the point of origin of other accelerants. Unless
the investigator has ad special training in this type investigation, it probably would be to his
advantage to call in a specialist.
Alligator Pattern - The alligator pattern (checking of charred wood giving it the
appearance of alligator skin) caused by the fire often can be used to trace the fire to its origin.
The pattern at the point of origin is smaller and deeper than the rest of the areas. The pattern
is also smaller and deeper at points where flammable liquids were used.
Information from people - Many investigators have found that information from
people help them know what to look for the fire scene. The good investigator knows how to
how to interview people to get information that can help determine the origin of the fire, the
cause of fire and even incendiary origin of the fire. The owner, the family of the owner, person
calling in the alarm, neighbors, witnesses, or any person who might help in any way should
be interviewed. If an investigator ever needed to be a skilled interviewer, it is in arson
investigation cases. Most people just do not like to talk about arson fire. In general, they must
be questioned as to the following.
a. His identity
b. His business in the arson of the fire.
c. What attracted his attention to it?
d. Time of observation and exact location of the blaze.
e. His position in relation to the fire at time of observation.
f. Size of intensity, rapidity of spread, and direct travel of flame.
g. Color of flame, and odor if he is in a position to observe these.
Other pertinent information
The usual methods involve examination of the fire scene. Although some of the
most common methods used are burn indicators, which are the effect on materials of
heating or partial burning and may be used to determine the point or points of origin of a
fire. Fire accelerates the development of fire and to increase the amount of devastation. If
either multiple point of origin or traces of fire accelerants are found arson is indicated.
Occasionally, detection of arson during a fire is done through a team of arson
investigators in the form of surveillance of the fire scene: suspicious behavior of spectators,
an overzealous offer of assistance by a spectator, or someone constantly driving over fire
hoses are grounds for suspecting arson. Behavior of owners, occupants, and other persons
present as to their actions, excitements, dresses, and other pertinent information are
observed, which might be helpful later.
Observing people and vehicles as they approach and leave the scene. In a U.S. forest
fire scenerio, the detection of arson is aided by the practice of U.S. Forest Service firemen
enroute to configurations to take notice of the license numbers of vehicles departing from
the scene, possible incendiary fire. In at least one case, this procedure has led to the arrest of
an arson suspect.
Gasoline was, by far, the most frequently found fire accelerant, possibly because it is
readily available. Its characteristic and familiar odor makes it easier to detect than most other
flammable liquids. To camouflaged the odor, incendiaries ordinarily used ammonia which
has a pungent odor easily recognized by firemen. Ammonia is also used to keep out firemen
from the burning structure. Other accelerants often used like kerosene, alcohol, firemen can
easily distinguish rubber. Films have pungent odors similar to camphor.
The size of fire, rapidity of spread and direction from the time of discovery to the
arrival of the firemen may indicate that certain flammable substance have been used to
accelerate spread of fire. Arsonist may also bore holes on walls and floors as a means for the
fire to spread more rapidly.
Intensity of heat maybe an indication that flammable liquids or compounds could have been
used to spread the fire more rapidly. The firemen may experience sometimes that when a
stream of water are directed on such fire, instead of going out as might be ordinarily expected
the fire will burn with added intensity, and with a different color of flame such as red, blue,
yellow or orange.
The color of the smoke, location, and size are all-valuables in determining the use of
accelerant. Although, some fires burns with little or no smoke, these are exceptions. The
observation must be made at the start of the fire, once the fire as assumed a major
proportion; the value of the smoke is lost because the smoke will not indicate the materials
burning or used by the arsonist.
If white smoke appears before the water from the fire hose comes in contact with
the fire, it indicates humid materials burning, such as hay, vegetables, phosphorus (with
garlic odor). Black smoke indicates lack of air, but if accompanied by large flames it indicates
petroleum and rubber.
If biting smoke is encountered causing irritation of the nose and throat, lacrimation,
and coughings, presence of chlorine is indicated. Reddish-brown smoke might indicate
nitrocellulose.
Arson is often used to conceal another crime. Documents and records that found
purposely exposed during a fire should be given particular attention, including doors,
windows, and ventilators that are open and provide cross-drafts. Locked and obstructed
entrances or passageways to impede the speedy transit of firemen and equipments.
GATHERING, PRESERVING, AND ANALYZING EVIDENCES
The arsonist expects the fire to destroy all of the evidence, and sometimes it does
destroy most of it. However, the investigator who digs hard enough many times comes up
with evidence where seemingly none exist. The cause of the fire should be investigated
shortly after the fire is extinguished, otherwise, very little can be done afterwards be-map-up
and salvage operation. This is a crucial stage in the detection and investigation of arson
because cases rely on evidence that is recognized and preserved at this point.
Finding and Preserving Evidence
As in all other investigations, only one person should pick up, mark and package all
evidence, and special care should be taken to maintain the chain of custody.
There are some special problems in arson investigation due to the types of
accelerants that may have been used. Accelerants used often are those of petroleum
products such as gasoline, kerosene, mineral spirits, or anything containing volatile
flammable liquid. Hydrocarbons of these products may be found under the debris of the fire,
at or near the point of the origin. These fluids, when originally spread, flow outward and
downward, hence evidence of these may be found in cracks in the floor or in dirt under the
fire. Just because the fire damage is extensive or there is no odor present does not mean
these types of accelerants were not used.
The crime lab in most cases would be needed to prove which type of accelerant was
used. Wood flooring and rugs are the most common substrates, followed by furniture and
upholstery. These materials are where the crime lab separates accelerant residues. Sections
of the floors, the debris or some dirt under the fire must be stored in glass or metal containers
and sealed, to be of value to the crime lab. Fumed from the accelerants or hydrocarbons
would escape from plastic or open containers.
The predominant type of container used to preserve physical evidence from arson.
Scenes are the unused metal paint can. These containers are vapor-tight and unbreakable.
Plastic bags, while convenient and inexpensive, are easily punctured, are chemically attacked
by some types of evidence, and allow the loss of some volatile evidence by diffusing through
the bag.
Time Delay Devices
Delayed action is achieved in setting incendiary fires by the used of certain
mechanical, electrical or chemical devices. They usually involve matches, candles, electric
heating elements, batteries and clock mechanisms coupled with flammable liquids, or
chemicals that will spontaneously ignite after a short delay. If none of these devices are found,
the evidence, which should be the various containers for them. The arsonist uses this delayed
type of devices to establish an alibi.
Condition of Doors, Windows, Furniture
In cases where a building has burned to the ground, the hardware of doors and
window remain. They will fall straight down, unless moved by the water stream of the
firemen. This may tell whether a door or windows was opened or closed.
Metal parts of furniture may tell whether or not furniture has been moved from the
building before the fire. Ashes ay give the crime lb something to work with. For example, if
extensive furniture has bee moved from the house prior to the fire and inexpensive furniture
move in, the crime lab can tell from the ashes. Evidence of fraud fires should be carefully
examined. This is tremendous problem and should remain uppermost in the mind of the
investigator.
Burn Indicator
Burn indicators are the effects on materials of heating or partial burning, which are
used to indicate various aspects of fire such as flammable liquids, and points of origin.
Interpretation of burn indicators is a principal means of determining the cause of the fire.
Although burn indicators are widely used to establish the causes of fires, they have received
little scientific testing. Some of the burn indicators used are the following:
Alligatoring effect: checking of charred wood, giving it the appearance of the
alligator skin. Large, rolling blisters indicates rapid, intense heat, while small, flat alligatoring
indicates long, low heat,
Crazing of glass: formation of irregular cracks in glass due to rapid, intense heat,
while small, possible fire accelerant.
Depth of char: depth of burning wood – used to determine length of burn and
thereby locate the point of origin of the fire.
Line of demarcation: boundary between charred and uncharred material.On floors
or rugs, a puddle shaped line of demarcation is believed to indicate a liquid fire accelerant. In
the cross section of wood, a sharp, distinct line of demarcation indicates a rapid, intense fire.
Sagged furniture springs: because of the heat required for furniture springs to
collapse from their own weight (1150 F) and because of the insulating effect of the upholstery,
sagged springs are believed to be possible only in either afire originating inside the cushions
(as from a cigarette) rolling between the cushions) or an extrnal fire intensified by a fire
accelerant.
Spalling: breaking off of pieces of the surface of concrete, brick or cement due to
intense heat. Brown stains around the spall indicate the use of fire accelerant.
Freezing of leaves: drying of leaves in a forest fire into their position at the time of
the fire. Since the leaves turn during the day. “Some persons regard this evidence as
unreliable because of insufficient clinical and research conformation and the influence of the
fire wind.”
One of the authority, P.L.Kirk, cautions that puddle-shaped lines of demarcation
may be due to many causes which have nothing to do with flammable liquids. He also points
out that depths of char is strongly affected by factors other than burning time (such as
temperature and species of wood) and that much greater care must be taken in its
interpretations than is frequently the case.
Olfactory Detection
Gasoline is a complex mixture of chemical compounds, the proportion of which vary
with the source of the crude oil and the type of process used in its manufacture. The
sensitivity of the human nose to gasoline vapor appears to be on the order of one part per
ten million. So that, the nose is not sensitive.
Another problem, called olfactory fatigue, is the tendency of the nose to lose its
sensitivity to an odor after a prolonged or intense exposure to it. Further, the odor of fire
accelerants may be masked by other strong odor such as that of burnt debris or ammonia.
In fact, in one case an arsonist attempted to camouflage the presence of gasoline by mixing
vanilla with it to mask the odor. Finally, it may be inconvenient or impossible to search for
accelerant odor with nose along with certain types of detector equipment.
While the use of opium for dulling pain was well known by physicians worldwide, the real
problem began with the isolation of morphine from opium in 1804. Introduced
commercially in 1827, morphine quickly became the drug of choice, particularly after the
advent of the hypodermic syringe in 1853. With few effective controls on its production and
sale, it rapidly reached epidemic levels in the United States thanks to the American Civil
War. Around 45,000 soldiers came home from this war unable to function without
morphine, according to Time's The Civil War: An Illustrated History. A similar effect was
observed in the Franco-Prussian wars between France and Germany.
In the late half of the 19th century, drug abuse was so widespread that Britain went to war
twice with China to keep opium trade routes open, and these naturally became known as
the Opium Wars. Cocaine was isolated in 1884 and quickly became yet another widespread
drug of abuse. Heroin and other opiates were synthesized and marketed as none-
addictive alternatives to morphine. Of course, heroin did turn out to be very addictive,
causing more people to abuse the drug.
Thanks to increased chemical and drug development in the 20th century, more drugs with
abuse potential became available. LSD, methamphetamine and synthetic opiates are all
relatively recent drugs. To counter the growing tide of addiction, drug laws became stricter,
and drug addiction started to carry a serious social stigma.
• 5000 B.C. The Sumerians use opium, suggested by the fact that they have an
ideogram for it which has been translated as HUL, meaning “joy” or “rejoicing.”
• 2500 B.C. Earliest historical evidence of the eating of poppy seeds among the Lake
Dwellers on Switzerland.
• 300 B.C. Theophrastus (371-287 B.C.), Greek naturalist and philosopher, records what
has remained as the earliest undisputed reference to the use of poppy juice.
• 1680 Thomas Syndenham (1625-80): “Among the remedies which it has pleased the
Almighty God to give to man to relieve his sufferings, none is so universal and
efficacious as opium.”
• 1762. Thomas Dover, and English physician, introduces his prescription for a
diaphoretic powder,” which he recommends mainly for the treatment of gout. Soon
named “Dover’s powder,” this compound becomes the most widely used opium
preparation during the next 150 years.
• 1792 The first prohibitory laws against opium in China are promulgated. The
punishment decreed for keepers of opium shops is strangulation.
• 1805 Friedrich Wilhelm Adam Serturner, a German chemist, isolates and describes
morphine.
• 1839-42 The first Opium War. The British force upon China the trade in opium, a trade
the Chinese had declared illegal.
• 1841 Dr. Jacques Joseph Moreau uses hashish in treatment of mental patients at the
Bicetre.
• 1856 The Second Opium War. The British, with help from the French, extend their
powers to distribute opium in China.
• 1868 Dr. George Wood, a professor of the theory and practice of medicine at the
University of Pennsylvania, president of the American Philosophical Society, and the
author of a leading American test, *Treatise on Therapeutics*, describes the
pharmacological effects of opium.
• 1883 Dr. Theodor Aschenbrandt, a German army physician, secures a supply of pure
cocaine from the pharmaceutical firm of Merck, issues it to Bavarian soldiers during
their maneuvers, and reports on the beneficial effects of the drug in increasing the
soldiers’ ability to endure fatigue.
• 1884 Sigmund Freud treats his depression with cocaine, and reports feeling
“exhilaration and lasting euphoria, which is in no way differs from the normal euphoria
of the healthy person. . . You perceive an increase in self-control and possess more
vitality and capacity for work. . . . In other words, you are simply more normal, and it is
soon hard to believe that you are under the influence of a drug.”
• 1885 The Report of the Royal Commission on Opium concludes that opium is more
like the Westerner’s liquor than a substance to be feared and abhorred.
• 1889 The John Hopkins Hospital, in Baltimore, Maryland, is opened. One of its world-
famous founders, Dr. William Stewart Halsted, is a morphine addict. He continues to
use morphine in large doses throughout his phenomenally successful surgical career
lasting until his death in 1922.
• 1894 The Report of the Indian Hemp Drug Comission, running to over three thousand
pages in seven volumes, is published. This inquiry, commissioned by the British
government, concluded: “There is no evidence of any weight regarding the mental
and moral injuries from the moderate use of these drugs.
• 1900 James R. L. Daly, writing in the *Boston Medical and Surgical Journal*, declares:
“It [heroin] possesses many advantages over morphine. . . . It is not hypnotic; and there
is no danger of acquiring the habit.
• 1901 The Senate adopts a resolution, introduced by Henry Cabot Lodge, to forbid the
sale by American traders of opium and alcohol “to aboriginal tribes and uncivilized
races.”
• 1904 Charles Lyman, president of the International Reform Bureau, petitions the
President of the United States “to induce Great Britain to release China from the
enforced opium traffic. We need not recall in detail that China prohibited the sale of
opium except as a medicine, until the sale was forced upon that country by Great
Britian in the opium war of 1840.
• 1906 The first Pure Food and Drug Act becomes law; until its enactment, it was
possible to buy, in stores or by mail order medicines containing morphine, cocaine, or
heroin, and without their being so labeled.
• 1906 *Squibb’s Materia Medical* lists heroin as “a remedy of much value . . . is also used
as a mild anodyne and as a substitute for morphine in combatting the morphine
habit.
• 1912 The first international Opium Convention meets at the Hague, and recommends
various measures for the international control of the trade in opium. Subsequent
Opium Conventions are held in 1913 and 1914.
• 1914 Dr. Edward H Williams cites Dr. Christopher Kochs “Most of the attack upon white
women of the South are the direct result of the cocaine crazed Negro brain.” Dr.
Williams concluded that” Negro cocaine fiends are now a known Southern menace.”
• 1941 Generalissimo Chiang Kai-shek orders the complete suppression of the poppy;
laws are enacted providing the death penalty for anyone guilty of cultivating the
poppy, manufacturing opium, or offering it for sale.
• 1943 Colonel J.M. Phalen, editor of the *Military Surgeon*, declares in an editorial
entitled “The Marijuana Bugaboo”: “The smoking of the leaves, flowers, and seeds of
Cannibis sativa is no more harmful than the smoking of tobacco.
• 1946 According to some estimates there are 40,000,000 opium smokers in China.
• 1949 Ludwig von Mises, leading modern free-market economist and social
philosopher: “Opium and morphine are certainly dangerous, habit-forming drugs. But
once the principle is admitted that is the duty of government to protect the individual
against his own foolishness, no serious objections can be advanced against further
encroachments.
• 1951 According to United Nations estimates, there are approximately 200 million
marijuana users in the world, the major places being India, Egypt, North Africa,
Mexico, and the United States.
• 1951 Twenty thousand pound of opium, three hundred pounds of heroin, and various
opium-smoking devices are publicly burned in Canton China. Thirty-seven opium
addicts are executed in the southwest of China.
• 1955 The Prasidium des Deutschen Arztetages declares: “Treatment of the drug
addict should be effected in the closed sector of a psychiatric institution. Ambulatory
treatment is useless and in conflict, moreover, with principles of medical ethics.” The
view is quoted approvingly, as representative of the opinion of “most of the authors
recommending commitment to an institution,” by the World Health Organization in
1962
• 1955 The Shah of Iran prohibits the cultivation and use of opium, used in the country
for thousands of years; the prohibition creates a flourishing illicit market in opium. In
1969 the prohibition is lifted, opium growing is resumed under state inspection, and
more than 110,000 persons receive opium from physicians and pharmacies as
“registered addicts.” [Henry Kamm, they shoot opium smugglers in Iran.
• 1956 The Narcotics Control Act in enacted; it provides the death penalty, if
recommended by the jury, for the sale of heroin to a person under eighteen by one
over eighteen.
• 1984 U.S. busts 10,000 pounds of marijuana on farms in Mexico. The seizures, made on
five farms in an isolated section of Chihuahua state, suggest a 70 percent increase in
estimates that total U.S. consumption was 13,000 to 14,000 tons in 1982. Furthermore,
the seizures add up to nearly eight times the 1300 tons that official had calculated
Mexico produced in 1983. [the San Francisco Chronicle, Saturday, November 24, 1984]
Medicinal Drugs
➢ A substance which when taken into the human body cures illness and/or relieves
signs/symptoms of disease.
Prescripted Drugs
➢ These drugs required written authorization from a doctor to allow a purchase.
DRUG ABUSE
➢ Any non-medical use of drugs that cause physical, psychological, legal, economic, or
social damage to the user or to people affected by the user’s behavior.
➢ Abuse usually refers to illegal drugs but may also be applicable to drugs that are
available legally, such as prescribed medications and certain over the counter
medications.
Drug Habituation
➢ It is a condition resulting from the repeated consumption of a drug.
Drug Dependence?
➢ It is a state of psychic or physical dependence or both on a drug arising in a person
following administration of drug on a periodic or continuous basis.
Psychological Dependence
➢ It refers to a state in which individual has a compulsion to take a drug, but one in
which there may not be a physical dependence.
Physical Dependence
➢ It is a result when a drug has been used for a long period of time. It is only identified
when a characteristic of withdrawal or abstinence syndrome occurs after its use is
discontinued.
Emotional stress can develop due to a number of reasons. It can be the result of a loss such
as a job, a death, a divorce, or finances. Even health issues and medical conditions can cause
severe emotional damage. Physically, many people use drugs to boost their endurance,
improve their focus, or enhance their appearance in some capacity. Finally, drug use is also
the result of psychological factors such as mental illness, mental trauma, or even just general
attitude and beliefs.
Regardless of the triggers for drug use, it’s important to learn how to cope in healthy and
productive ways. Unfortunately, many people turn to substances as an easy or perceived
helpful way to cope.
Here are some of the most common causes of drug abuse and why substance use occurs in
different people:
1. Grieving: The death of a loved one, such as a close friend or family member, or even a
mentor who positively influenced a person, is emotionally devastating for people.
Different people handle grief in different ways. Some people are able to seek
counseling or work through grief on their own in healthy ways. Other people really
struggle with emotional or physical loss, so they use drugs as a way of coping with
grief in the short-term. However, this short-term coping mechanism may transition
into a long-term dependence for some people.
2. End of a Relationship: The end of a relationship is one of the most emotionally
destructive events in a person’s life. When a relationship ends through a breakup or
divorce, it can negatively impact self-confidence. This goes on to affect other areas of
life including career, friendships, families, and even one’s ability to find a purpose. If
the person doesn’t have appropriate emotional support available to them, they may
use drugs as a way of grieving the loss of their relationship.
3. Mental Illness: A complex trigger of substance abuse is mental illness. There are
several varieties of mental illness that manifest themselves in different ways. Some
people who face mental health challenges are vulnerable to using drugs as a way of
rationalizing or making sense of their illness. Others who face depression or anxiety
disorders may use drugs to help lift them out of these low mental states.
4. Environmental Influences: The environment that a person has been exposed to can
influence and trigger drug use. Growing up in poverty or in households with drug
addiction, abuse, crime or other negative factors can create a high risk for substance
abuse in those exposed to these conditions. They may perceive drug use as normal or
acceptable. Or, they may psychologically believe this to be a pattern they can fall into.
5. Relaxation: The average adult faces typical life obligations such as bills, family, and
work. Because of this, many people look for outlets to help relax and find a balance
between responsibilities and having fun. Unfortunately, some people may use drugs
as an outlet to help relax and unwind on evenings and weekends. If left unaddressed,
this pattern can develop into a dependence or addiction.
6. Self-Medication: When people face physical or emotional pain, they may use drugs
to self-medicate. This means they use drugs that aren’t prescribed to them by a
doctor. Instead, they use drugs such as painkillers to administer pain relief to
themselves. Certain painkillers have highly addictive properties, which often leads to
developing an addiction to them.
7. Financial Stress: The burden of financial stress can be intolerable for many people.
Money pressures can cause people to feel trapped, desperate, and out of control.
These feelings lead to emotional and psychological conditions that trigger drug use.
Drugs can often help people to forget about their financial responsibilities or avoid
dealing with them altogether.
8. Career Pressures: It is common in today’s society to have your identity tied to your
career. For many people, their career places a lot of pressure on them to perform,
which is often reflected in their idea of their own self-worth. This type of pressure can
cause emotional and psychological stress. To help perform better or alleviate work
stress, it’s possible to turn to drugs to help cope, forget failures, or boost performance.
9. School Pressures: Similar to career pressures, school pressure is another one of the
common reasons people abuse drugs. Many people face large workloads with classes
and homework, financial stress from student loans, balancing family and work while
going to school and the pressure to perform academically. These stressful conditions
make it easy for some people to be more susceptible to drug use as a way of coping.
Additionally, professional educational programs such as medical or law school have even
greater standards of academic achievement, coupled with higher financial costs. It is not
uncommon for students in graduate programs to use stimulants and other drugs as a means
of boosting their cognitive performance.
10. Family Demands: Typical family demands include balancing work with raising kids,
as well as financial obligations towards family members. But, when those demands
become overwhelming, it can be difficult to manage. This may be especially true for
young mothers who can face feelings of isolation, loneliness, and anxiety. Drug use,
especially through prescription pills, can become an easy way for parents to help cope
with family demands.
11. Peer and Social Pressure: One of the most well-known ways for people — especially
teens and young adults — to start using drugs is through external pressures from
other people. Commonly known as peer pressure, people may begin using drugs
because of the influence of their peers. For them, it becomes something they all share
in common, and so they feel pressured to continue to use drugs even if they
understand the dire consequences.
Additionally, younger people may experience social pressure to use drugs from television,
social media, and other celebrity influences. It’s possible that people see drug use being
glorified in the media, and so they feel pressured to participate as well.
12. Trauma and Abuse: Past or current traumas such as abuse, accidents, emergencies and
other events can negatively impact people psychologically. Traumatic events can imprint in
memory, making it difficult to move past them. Even traumas that occurred during
childhood can resurface in adult years, bringing up new thoughts and feelings. Instead of
seeking professional help to address trauma in a healthy way, people may use drugs as a
means to help them forget these memories.
Present traumas, such as living in an abusive environment, can also trigger substance use as
a means of forgetting the pain and suffering. Often, abuse is faced on a regular or even daily
basis, and so drug use can quickly turn into an addiction in this case.
13. Enjoyment of Getting High: Many people try drugs once as an experiment and end
up finding euphoric sensations from these substances. The chemical reactions
between the drug and the brain cause a release of dopamine, which is pleasurable to
many people. When this happens, people will continue to chase that same euphoria
and release because they like how it makes them feel. It may make them feel more
relaxed, self-confident, in control, or any number of other outcomes.
14. Boredom: Teens and young adults often face feelings of boredom or monotony, as
many of them don’t yet have adult responsibilities such as careers, bills, higher
education, families, and more. Drug use may seem like a convenient or entertaining
way to pass the time. While this may not always lead to a full addiction, it can often
become a go-to way of alleviating boredom instead of choosing other positive
activities.
15. Wanting to Fit In: Because human beings are social creatures, it’s important for us to
feel like we belong or fit in. This can affect people of any age but is most influential
during teenage and early adult years. If others around them are using drugs, they may
fear feeling left out, or that they won’t fit in. As a result, they place pressure on
themselves to use drugs as well.
16. Curiosity and Experimentation: For those who are around drugs, but haven’t yet
used them, they may hear positive feedback about certain drugs. They may become
intrigued or interested in their friends’ experiences, and so they try certain drugs as
well. This isn’t necessarily the result of the pressure of fear of not fitting in, but rather
genuine curiosity and a desire to try something new.
17. Rebellion: Certain personalities are more prone to rebellion or going against the
grain. This occurs in teens and even in adults. Because drug use is illicit or not socially
acceptable, it actually drives certain people to want to use them in order to rebel,
stand out or be different. For some people, this may simply be a phase of rebellion
and experimentation, or it may develop into an addiction.
18. Being in Control: When stressful periods of time occur with relationships, job loss,
health scares, or other tragedies, many people lose a sense of being in control of their
own lives. Drug use provides a false sense of being in control of health, emotions or
behaviors that many people find appealing. They may feel as though when everything
else around them is falling apart, they can rely on their substance use to give them
stability.
19. Enhance Performance: Certain drugs may help to temporarily enhance cognitive
function, memory, and focus. They may also help to alleviate fatigue and lethargy.
These are usually stimulants and other prescription drugs. For students or busy
professionals, these types of drugs can seem like a viable solution.
Other drugs, such as anabolic steroids, human growth hormones or stimulants, are used to
improve physical performance in athletes or those who are extremely physically active.
People often choose to use these types of drugs in order to compete or look a certain way.
20. Prescription Medications: Prescription drug abuse is becoming an increasingly
concerning issue that affects many people. Doctors may prescribe opioid painkillers
to patients who are recovering from surgery and facing injuries or other medical
situations. Left unmonitored, some people are susceptible to abusing these
prescription medications because of the high they provide. They may end up getting
hooked unintentionally and begin finding ways to keep obtaining their prescription
pills.
21. Isolation: Despite being more connected than ever, many people suffer from feelings
of isolation. If they feel as though they can’t relate to others or that they aren’t
understood by their peers, they may feel out of place. These feelings can lead to low
self-esteem or even depression over time. This only further exacerbates a state of
isolation. In order to numb this loneliness or emptiness, they use drugs to feel alive
and forget about feeling isolated. Using drugs may also give them a sense of
satisfaction and purpose.
22. Misinformation or Ignorance: Drug use and dependence have a number of
consequences. Physical, emotional, social, financial, and psychological repercussions
stop many people from continuing to use drugs or from using drugs in the first place.
Unfortunately, despite the amount of awareness surround the risks of drug use, there
is still a lot of misinformation about it. This misinformation may especially impact
young or undereducated people who don’t have the life experience or ability to
understand the dangers of drug use. Additionally, many people may see others use
drugs and not face any health or other concerns, and so they think that it won’t hurt
them either.
23. Instant Gratification: Many individuals have personality types that desire instant
gratification. This means they look for ways to be satisfied immediately and in the
short-term, as opposed to being satisfied by delayed gratification. This may be
especially true in young people who are conditioned today to expect that things
happen on-demand. Drug use delivers instant gratification in terms of physical,
psychological, and emotional sensations. It’s also often a social act, which further
enhances feelings of gratification.
24. Availability of Drugs: With the increased convenience of the internet and modern
communications, it’s relatively easy for people to obtain drugs today. When it comes
to prescription medications specifically, these drugs are now being distributed as
street drugs. They can also easily be obtained from friends, family members, and
colleagues who have prescriptions of their own. Prescription drugs are also fairly easy
to obtain with a prescription from a doctor, provided there are no clear signs of a risk
for abuse and dependence.
ABUSIVE DOSE – THE AMOUNT NEEDED TO PRODUCE THE SIDE EFFECTS AND ACTION
DESIRED BY AN INDIVIDUAL WHO IMPROPERLY USES IT.
ADDICTION - SEVERE CRAVING FOR THE DRUG EVEN TO THE POINT OF INTERFERING WITH
THE PERSON’S ABILITY TO FUNCTION NORMALLY.
ADMINISTER – ANY ACT OF INTRODUCING ANY DANGEROUS DRUG INTO THE BODY OF
ANY PERSON, WITH OR WITHOUT HIS/HER KNOWLEDGE, BY INJECTION, INHALATION,
INGESTION OR OTHER MEANS, OR OF COMMITTING ANY ACT OF INDISPENSABLE
ASSISTANCE TO A PERSON IN ADMINISTERING A DANGEROUS DRUG TO HIM/HER UNLESS
ADMINISTERED BY A DULY LICENSED PRACTITIONER FOR PURPOSES OF MEDICATION.
ALCOHOL - THE KING OF ALL DRUGS WITH POTENTIAL FOR ABUSE. MOST WIDELY USED,
SOCIALLY ACCEPTED AND MOST EXTENSIVELY LEGALIZED DRUG THROUGHOUT THE
WORLD.
CALL GIRLS - THESE ARE THE PART-TIME PROSTITUTES. THEY HAVE THEIR OWN
LEGITIMATE WORK OR PROFESSION BUT WORKS AS A PROSTITUTES TO SUPPLEMENT
THEIR INCOME. SOMETIMES THEY ARE TELLERS, SALES-LADIES OF DEPARTMENT STORES,
WAITRESSES, BEAUTICIANS, OR ENGAGE IN SIMILAR JOBS THAT THEY USE TO MAKE
CONTACTS WITH CUSTOMERS.
CALL HOUSES -THIS IS WHERE THE CUSTOMERS CALL AND THE MADAM MAKES THE
ARRANGEMENT AND SENDS THE GIRLS BY A TRANSPORTER WHO IS A MAN OR WOMAN
TO THE PLACE ARRANGEMENT.
CHINA - THE TRANSIT ROUTE FOR HEROIN FROM THE “GOLDEN TRIANGLE” TO HONG
KONG. IT IS ALSO THE COUNTRY WHERE THE “EPHEDRA” PLANT IS CULTIVATED- SOURCE
OF THE DRUG EPHEDRINE- THE PRINCIPAL CHEMICAL FOR PRODUCING THE DRUG
SHABU.
CHRONIC ALCOHOLICS – PERSON WHO, FROM THE PROLONGED AND EXCESSIVE USE
ALCOHOLIC BEVERAGES, FINALLY DEVELOPS PHYSICAL AND PSYCHO-CHANGES AND
DEPENDENCE TO ALCOHOL. THE PERSON CONSCIOUSLY OR UNCONSCIOUSLY BEGINS TO
DEMAND ON ALCOHOL’S NARCOTIC EFFECTS FOR A “PICK-UP”, TO SLEEP AT NIGHT, TO
FEEL “GOOD”, TO COPE WITH BUSINESS OR DOMESTIC PROBLEMS, TO ENJOY SOCIAL
GATHERINGS, TO GET AWAY FROM ONESELF, TO REPRESS INNER URGES OR REBELLION
OR RESENTMENT, AND TO RELIEVE DISTRESSING RESTLESSNESS.
COCAINE - THE DRUG TAKEN FROM THE COCA BUSH PLANT ERTYROXYLON COCA
UNDERSTABLY CALLED “SNOW” IN THE JUNKIE JARGON. IT IS ONE OF THE STRONGEST
SHORT ACTING STIMULANTS. TAKEN ORALLY, INJECTED OR SNIFFED AS TO ACHIEVE
EUPHORIA OR AN INTENSE FEELING OF “HIGHNESS”. STREET NAME: COKE, CRACK, DUST,
HEAVEN’S DUST, STARDUST, WHITE GIRL, SPEED BALLS
CONTROLLED SUBSTANCE SCHEDULE 1 - ALMOST ALL THE DRUGS IN THIS SCHEDULE ARE
ILLEGAL. ALL HAVE A HIGH POTENTIAL FOR DEPENDENCE AND ABUSE, AND IT IS ILLEGAL
TO HAVE THEM IN YOUR POSSESSION. EX. HEROIN, LSD, MJ
DEN, DIVE OR RESORT– A PLACE WHERE ANY DANGEROUS DRUG AND/OR CONTROLLED
PRECURSOR AND ESSENTIAL CHEMICAL IS ADMINISTERED, DELIVERED, STORED FOR
ILLEGAL PURPOSES, DISTRIBUTED, SOLD OR USED IN ANY FORM.
DRUG ABUSE - DELIBERATE USE OF MEDICALLY USEFUL DRUGS WHICH HAVE THE
CAPACITY TO ALTER MOOD AND BEHAVIOR WITHOUT THE BENEFIT OF A PRESCRIPTION.
IT REFERS TO THE USE OF A MEDICALLY USEFUL MOOD-ALTERING DRUG FOR A PURPOSE
DIFFERENT FROM THE ONE FOR WHICH THE DRUG HAS BEEN INDICATED. IT REFERS TO
THE USE OF A DRUG WITH SUCH FREQUENCY THAT IT CAUSES PHYSICAL OR MENTAL
HARM TO THE USER OR IMPAIRS SOCIAL FUNCTIONING.
DRUG DEPENDENCE (DRUG ADDICTION) - THE USERS CONTINUE TO TAKE A DRUG OVER
AN EXTENDED PERIOD OF TIME. THE USERS FIND IT DIFFICULT TO STOP USING THE DRUG.
DRUG DOSAGE - A DOSE OF A DRUG IS THE AMOUNT TAKEN AT ONE TIME. THE DOSES
TAKEN BECOME AN EXTREMELY IMPORTANT PART OF DRUG ABUSE.
DRUG SYNDICATE– ANY ORGANIZED GROUP OF TWO (2) OR MORE PERSONS FORMING
OR JOINING TOGETHER WITH THE INTENTION OF COMMITTING ANY OFFENSE
PRESCRIBED UNDER THIS ACT.
FINANCIER – ANY PERSON WHO PAYS FOR, RAISES OR SUPPLIES MONEY FOR, OR
UNDERWRITES ANY OF THE ILLEGAL ACTIVITIES PRESCRIBED UNDER THIS ACT
HABITUAL INTOXICATION – WHEN THE PERSON FINDS THAT DRINKING HAS A CONSTANT
NECESSARY AND THE VICE ULTIMATELY TAKES HOLD OF HIM.
HARD CORE ADDICTS - THOSE, WHOSE ACTIVITIES REVOLVE ALMOST ENTIRELY AROUND
THE DRUG EXPERIENCE AND SECURING SUPPLIES. THEY SHOW STRONG PSYCHOLOGICAL
DEPENDENCE ON THE DRUG.
HIPPIES - THOSE WHO ARE ADDICTED TO DRUGS BELIEVING THAT DRUG IS AN INTEGRAL
PART OF LIFE.
ILLEGAL NUMBERS GAME ANY FORM OF ILLEGAL GAMBLING ACTIVITY WHICH USES
NUMBERS OR COMBINATION AS FACTORS IN GIVING OUT JACKPOTS.
INDIA - THE CENTER OF THE WORLD’S DRUG MAP, LEADING TO RAPID ADDICTION AMONG
ITS PEOPLE.
INHALATION - DRUG IN GASEOUS FORM ENTER THE LUNGS AND ARE QUICKLY ABSORBED
BY THE RICH CAPILLARY SYSTEM, IT IS PROBABLY THE SECOND MOST COMMONLY USED
ROUTE OF DRUG ADMINISTRATION.
INJECTION - THE DRUG CAN BE ADMINISTERED INTO THE BODY BY THE USE OF SYRINGE
AND HYPODERMIC NEEDLE IN THE FOLLOWING WAYS.
JAPAN - THE MAJOR CONSUMER OF COCAINE AND SHABU FROM THE UNITED STATES
AND EUROPE.
LAST TWO ILLEGAL NUMBERS GAME WHERE THE WINNING COMBINATION IS DERIVED
FROM THE LAST TWO NUMBERS OF THE FIRST PRIZE OF THE WINNING SWEEPSTAKES
TICKET.
MAXIMAL DOSE – THE LARGEST AMOUNT OF A DRUG THAT WILL PRODUCE A DESIRED
THERAPEUTIC EFFECT WITHOUT ANY ACCOMPANYING SYMPTOMS OF TOXICITY.
MESCALINE - AKA STP WHICH STANDS FOR SERENITY- TRANQUILITY- PEACE- A DRUG
DERIVED FROM THE DRIED TOPS OF THE PEYOTE CACTUS, A SMALL CACTUS NATIVE TO
MEXICO. STREET NAME: CACTUS, BUTTONS, BEAN
MINIMAL DOSE – THE AMOUNT NEEDED TO TREAT OR HEAL, THAT IS, THE SMALLEST
AMOUNT OF DRUG THAT WILL PRODUCE A THERAPEUTIC EFFECT.
OPIUM - IT IS DERIVED FROM THE ORIENTAL POPPY PLANT PAPAVER SOMNIFERUM. RAW
OPIUM IS DARK BROWN IN COLOR AND IS BITTER IN TASTE. STREET NAME: “GUM”,
“GAMOT”, “KALAMAY” OR “PANOCHA”.
OPLAN THUNDERBOLT III – OPERATIONS FOR THE NEUTRALIZATION OF BIG TIME DRUG
PUSHERS, DRUG DEALERS AND DRUG LORDS.
OPLAN BANAT – THE NEWEST OPERATIONAL PLAN AGAINST DRUG ABUSE FOCUSED IN
THE BARANGAY LEVEL IN COOPERATION WITH BARANGAY OFFICIALS.
ORAL INGESTION - THE DRUGS IS TAKEN BY THE MOUTH AND MUST PASS THROUGH THE
STOMACH BEFORE BEING ABSORBED INTO THE BLOODSTREAM, THE ONE OF THE MOST
COMMON WAYS TAKING A DRUG.
POVERTY - THIS IS THE MOST PREVALENT FACTOR THAT PROMPT PUSHERS AND ABUSERS
ALIKE TO INDULGE IN DANGEROUS DRUGS. PUSHERS WERE FORCED BY THE
CIRCUMSTANCES TO THE RETAILING OF PROHIBITED DRUGS AS A MEANT OR SOURCE OF
LIVELIHOOD. MANY ABUSERS USE DANGEROUS DRUGS AS A VEHICLE TO ESCAPE THE
REALITIES OF POVERTY AND ITS RELATED PROBLEMS.
PSYCHOTHERAPY METHOD - THIS CURE DEPENDS UPON SHOWING THAT THE REAL
PROBLEM OF THE ALCOHOLIC IS NOT THE ALCOHOL ITSELF BUT THE EMOTIONAL
PROBLEM THAT LED THE ALCOHOLICS TO DRINK.
SELL – ANY ACT OF GIVING AWAY ANY DANGEROUS DRUG AND/OR CONTROLLED
PRECURSOR AND ESSENTIAL CHEMICAL WHETHER FOR MONEY OR ANY OTHER
CONSIDERATION.
SITUATIONAL USERS - THOSE WHO USE DRUGS TO KEEP THEM AWAKE OR FOR
ADDITIONAL ENERGY TO PERFORM AN IMPORTANT WORK. INDIVIDUAL MAY OR MAY NOT
EXHIBIT PSYCHOLOGICAL DEPENDENCE.
SOUTH AMERICA - COLUMBIA, PERU, URUGUAY, AND CHILE ARE THE PRINCIPAL SOURCES
OF ALL COCAINE SUPPLY IN THE WORLD DUE TO THE ROBUST PRODUCTION OF THE COCA
PLANTS SOURCES OF THE COCAINE DRUG. COLUMBIA: COCA/COCAINE
SPREE USERS - SCHOOL AGE USERS WHO TAKE DRUGS FOR “KICKS’, AN ADVENTUROUS
DARING EXPERIENCE, OR AS A MEANS OF FUN. THERE MAY BE SOME DEGREE OF
PSYCHOLOGICAL DEPENDENCE BUT LITTLE PHYSICAL DEPENDENCE DUE TO THE MIXED
PATTERN OF USE.
TRANQUILIZERS - ARE DRUGS THAT CALM AND RELAX AND DIMINISH ANXIETY. THEY ARE
USED IN THE TREATMENT OF NERVOUS STATES AND SOME MENTAL DISORDERS WITHOUT
PRODUCING SLEEP.
USA – MARKETING
DEFINITION OF TERMS
• Report is an objective statement of the findings of the investigator, an official
record of the information that is relevant to an investigation.
• Clarity refers to the clearness of thought, style, or expression of the writer. An
effective writer must use correct English, and must point directly to the written
communication to save readers from reading unnecessary words.
• Accuracy is the conformity to facts and representation of truth with precision
and exactness. In writing a report, all facts and information whether favorable
or unfavorable to the concerned subject should be included, and these facts are
verified by statement of witnesses, and by reference to official records or
reliable sources. An accurate report is a true reflection and representation of the
facts to the best of the writer’s knowledge. A accurate report is also a specific
report.
• Completeness refers to having all the necessary normal part, components, and
style of writing in its entirety. In writing a complete report the elements of the
crime should established and the additional facts should prove those elements.
Documentation of the report should base from important statement and
letters, findings of other agencies, and laboratory reports. This should also
answer the 5w’s and 1H questions.
• Brevity has something to do with the quality or state of being brief and concise,
with the quality or terseness, and lack or wordiness. Brevity is achieved by
omitting materials or information that is useless, irrelevant and redundant.
• Fairness in writing is having or exhibiting a disposition that is free of favoritism,
bias, impartiality, self-interest, or preference in judgment. A fair writer should
always base his report on facts, and if there are theories should be verified first
and be consistent with facts.
• Specificity is the quality of writing pertaining to being explicitly define and
specific rather than general. A good writer must be precise and specific in
writing his or her report, and should avoid ideas that mislead the readers.
• Perspective refers to the point of view from which the investigator presents the
findings of his report based from gathered evidences. For maintaining the
objectivity of the report, the third person point of view should be used; the
writer should refer himself or herself as the ‘investigator” or “the police officer”.
• Selection of information relates to the gathered data in connection with how
the writer presents these in his report. Selectivity is vital since this will affect the
investigator’s decision on the facts and information that he will include. He
should discard irrelevant details to arrive at a coherent report, and should only
report information that are composed of physical evidence, statement, and
complete investigation. An effective writer should be able to make a distinction
between facts and opinions.
• Organization is the process of how a report is put together after the specific
details of facts have been gathered. Organization of the report should follow
after the investigator had conducted and gathered the evidences necessary in
the investigation. The chronological order of narrating events should be used
in writing the report. Basing from a specific and detailed outline, the report shall
follow the rules of writing the stylistics.
• Standard Operating Procedures (SOP)- the standard procedures for all police
stations and all offices of the National Operational Support Units.
• Police Blotter- a logbook that contains the daily registry of all crime incident
reports, official summaries of arrests, and other significant events reported in a
police station. (PNP Manual revised 2010)
Parts of Memorandum
a. Heading- this contains the date, subject, thru channels and addressee.
b. Letterhead –every police unit or police office has its own letterhead where
it is usually printed in the first page.
c. Addressee- the words “MEMORANDUM FOR” is used if sends to a superior
office or “MEMORANDUM TO” if sends to a subordinate.
e. Subject- this is written two spaces below the sender and two spaces to the
right colon. It contains no more than ten words.
f. Date- this is placed below the subject indicating when the memorandum
is written.
• Office Orders- these are administrative instructions that are regularly and
mandatory. This order is mainly for the regulation of administrative matters in
the National Headquarters, Regional, Provincial, and District Offices. These
orders usually deal with suspects like personal conduct requiring compliance.
• Special Orders- these are directives signed by the Chief Directorial Staff for the
appointment, transfer, promotion, reduction, relief from duty, separation and
leave of absence of personnel.
1. The Nature of Report Writing, a report is an objective statement of the findings of the
investigator; this is an official record of the information that is relevant to an
investigation. Therefore, a good report plays an important role in the success of any
investigations. But the fact remains that there are many reports that are haphazardly
written, and it results in jeopardizing the whole investigation process. There is a great
demand for every report writer to fully develop his writing skills so that the best written
outputs will be achieved.
1.a Reports are helpful and may influence the career of the investigator, or any law enforcer.
Recognition and promotion are mostly based on the quality of reports. The personality of an
effective report writer is also reflected in the kind of reports he write. Well written reports
show a favorable impression not only on the competence of the writer but also on his
credibility. In contrast, erroneous reports can damage the writer’s career, as it may also
destroy the image of the agency of the organization he is connected with.
2. Points to consider in Writing Reports, well written reports do not happen in a snap of
a finger, but rather they are products of series of writing activities that are perfected over
constant practice. Good report writers are those who painstakingly take the effort of
writing and revising their work to achieve the best output. They follow certain points of
considerations and rules in writing reports like: using the best language, avoiding the
errors form, and avoiding errors of substance.
2.a The best language in report writing is one that could be easily understood by the target
reader, because not all reader has the time to read twice and decipher ambiguous reports.
A report that contains the best language that includes the following characteristics: concise,
clear, organized, thorough, accurate, and adequate.
2.b Faulty report is awkward and ambiguous; and those with grammatical errors are an
additional headache to the reader, because it may present meaning aside from what it
intends to convey.
2.c Report writers are greatly expected to be well-versed in grammar and all its governing
rules to avoid errors in spelling, typological forms, file number, and report format. The
substance of the report is the most important aspect in writing; this has something to do
with the exact content of the report with the completeness of the 5W’s and 1h.
2.d The accurate content of the report is seriously considered because it can seriously affect
the lives of people like a criminal being set free, or an innocent person being convicted. In
addition, the credibility of the writer will also be tarnished, along with the reputation of the
whole company or agency he is representing. To avoid this error, the writer must not delay in
investigating and reporting, he must include essential facts, must cover obvious leads, and
must conduct adequate interviews.
3. Strategies in Writing Good report, writing is a process that requires strategies. Good
written outputs are the products of carefully crafted writing activity. A writer can expect
a favorable outcome in his report if the written activity has been developed from a
specific goal, and follows from a time-tested strategy. The following are suggested
strategies that a writer must adhere in writing a report:
a. Check and re-check first whether notes on gathered facts are already
complete and organized.
b. If notes on gathered facts are insufficient, go back into the process of
gathering more facts related to the situation.
c. Make an outline of the report basing from the completely gathered facts.
d. Use the chronological order of writing in presenting facts and ideas in the
written report.
e. The outline of the report should basically answer the complete 5 W’s and 1H.
f. Prepare a report that could either be simple, brief, complex, or in
memorandum form, depending on its required format.
Clear: The pump boat capsized because it was overloaded. Rescuers confirmed that
the pump boat can only hold five people. Witnesses said that there were ten people when it
capsized.
Examples:
Inaccurate: The child was hit by a speeding motorcycle.
Accurate : The child was hit by a blue Honda Wave motorcycle, which is
approximately travelling an estimated speed of 50 kph.
Examples:
Incomplete: The missing boy was found.
Complete: The 5- year old boy from Lapu-lapu City who was missing for seven days
was found wandering in A.C. Cortes Avenue by a couple from Mandaue City.
d. Brevity has something to do with the quality or state of being brief and
concise.
Examples:
Wordy: The victim telephonically contacted the police station right after the
incident happened.
Concise: The victim called the police station after the incident.
e. Fairness refers to exhibiting a disposition that is free of favoritism, bias,
impartiality, self-interest , or preference in judgement.
Examples:
Biased: If a fireman couldn’t fireproof his own home how can he save another man’s house?
Unbiased: If a firefighter couldn’t fireproof his or her home, how can he or she save other
people’s house?
Examples:
Specific: She died of five stab wounds in her chest, and another five stab wounds in her upper
right rib cage.
6. The Basic Requirements of Police Report Writing, In police report writing the WHO,
WHAT, WHERE, WHEN, WHY, and HOW are the most import questions that an
investigator must take into consideration. These questions basically cover the essentials
of the whole process of police report writing.
WHO?- this question answers all about the persons involve in the investigation, their
complete and correct names, and their exact addresses and contact numbers.
WHAT? – this question answers about what offenses are committed, what kind of evidence
was retrieved, what properties are stolen or burglarized, and what are the possible motives
of the crime.
WHERE? – this question answers about the geographical location of the crime scene, the
property, or the evidence that are related to the incident.
WHEN? – this question answers about the exact time and date when the offense was
committed, the properties found, and the suspects apprehended.
WHY? – this question answers about the objects or desire which motivated the offense or the
crime. For crime against persons, the possible object of the attack might be: revenge, ransom,
sexual pleasure, or hatred. For crime against property, the possible object of the attack might
be: to obtain money to sustain vices, or simply to acquire property.
HOW?- this question answers the general manner in which the crime was committed.
1. Classes of Reports
a. Technical Reports- these are written reports dealing with technical and specialized
subjects.
b. Problem Determining Reports- these are written reports identifying the existence and
causes of certain problems. Examples of these are case reports on Causes of Juvenile
Delinquency, Causes of Drug Addiction, and causes of Human Trafficking.
c. Problem Solution Reports- These are written reports identifying the processes and
solution of certain problems. Examples of these are case studies on preventive measures
against juvenile Delinquency, Drug Addiction and Human Trafficking.
d. Fact-Finding Reports- These are written reports on the methods of logical gathering and
presentation of data. Examples of these reports about facts and figures of terrorism, Drug
trafficking, Human Trafficking, etc.
e. Performance Reports- these are written reports referring to information on the status of
the activity or operation within a unit or organization.
a. The crime incident report recorded in the IRF, after the transaction with the
reporting person has concluded, shall be transcribed and entered into the police
blotter by the desk officer of the police station. For those police stations equipped
with the crime incident reporting system, popularly known as the e-blotter, the
designated crime registrar will likewise enter the record into the system.
b.Blotter entry reports serve as a permanent record of incidents, events, problems,
and so forth. There are many types of reports, each of which serves different
functions. A police blotter is used to keep people informed of activities within the
police jurisdiction. It is also used to compile statistical information, identify
problems in the community, or identify police training needs. These reports are
needed to facilitate investigations, prepare court case or defend case in court.
c. The narrative written in the IRF shall basically be record that shall be transcribed in
the Police blotter. While it is narrative form, it is prudent, however, to list down
some necessary information in the Police Blotter in itemized or outline form. This
shall answer the necessary requirements of the five W’s and one H.
d.The following questions should be answered as a guide to writing the report:
1. Who was involved?
2. When did it take place?
3. Where did it take place?
4. What happened?
5. Why did it happened?
6. How did it happen?
e. As soon as the incident is transcribed in the police blotter, the desk officer and the
reporting person shall sign the police blotter. It should be indicated under the
name and signature of the reporting person his address, home telephone
number, mobile phone number, and identification card presented. In the event
that the reporting person indicates that he does not want his contact details to be
recorded in a public record as the police blotter, by reason of privacy, the same
should not be recorded, as a matter of respect to the said person’s rights, but
indicated in IRF.
f. Any violation of this SOP shall be dealt with administratively as may be warranted
by evidence. All Unit commanders shall be included in the investigation under the
principle of command responsibility. If evidence further warrants, criminal
complaints shall also be filed against those who may have committed acts or
omissions contrary to the revised penal code or any special penal statutes.
For the past years, generating statistical crime date on various crimes committed in the
regions/provinces has been growing concern of the Philippine National Police (PNP). To
address this issue, two (2) mechanisms were in place such as: The National Crime Reporting
System (NCRS), which is concerned more with the details of the crime, to wit; victim’s data,
offender’s data, among others, while crime statistics gathered through the Police Regional
office Periodic Report (PROPER) is mainly concerned simply with WHAT HAPPENED,
WHERE, TO WHOM, WGY and the results of investigation.
The PNP, as the premier law enforcement agency, needs an accurate statistical
crime data for both administrative and operational decisions. The data gathered from the
regions/provinces play an important role to the PNP’s overall assessment of crime trends and
for determining the pattern of crime activity in the country. If the problem on
gathering/generating the crime situation is not properly addressed, the PNP cannot present
an accurate situation of the country.
The following procedures shall prescribe the guidelines in the conduct of Crime
Reporting for purposes of obtaining an accurate data for interpretation.
1. The adoption of consistent and accurate crime recording standard shall require the
unconditional commitment of the Chiefs of Police, Provincial/District/City and the
Regional Directors. The IDM Officers shall continuously ensure that the crime
recording is clearly articulated of such system are understood.
2. All line units should seek to gather, collate and record all crime-related incidents so as
to establish an accurate and timely picture of what is happening locally.
3. The police blotter shall serve as the main source of crime data fro submission and shall
be the basis for preparing and accomplishing the Unit Periodic Report and NCRS
Form 1.
4. Crime date from other stakeholders and law enforcement agencies shall be recorded
into the police blotter.
5. It is envisioned that all future incidents and crime recording systems should be fully
integrated or at least linked to facilitate tracking and audit between the systems.
6. The Chief of Police must ensure that crime data are gathered from sources such as:
Barangay, NBI, PDEA, BFAR, DENR, DSWD, BUCUS, BI and other agencies with law
enforcement functions in the locality.
7. Unit commanders shall appoint a crime register who shall be responsible
consolidating and maintaining crime data files of each unit to ensure consistency and
continuity.
8. The Chief of Police is primarily responsible for the maintenance of accurate crime
data. Accuracy and integrity of crime recording process must be ensured by the chief
of Investigation Section and Crime registrar.
Procedures
1. Recording
a. Incident Reports
As a general rule, all crime incidents, whether reported by the victims, witnesses or third
parties must be recorded in the police blotter, even under the following circumstances:
a.1 when the offender is ill and is unlikely to recover or is too senile or too mentally disturbed
for proceedings to take place.
a.2 When the complainant or an essential witness is dead and the proceedings cannot be
pursued.
a.3 When the victim or an essential witness refuses, or is permanently unable to stand as a
witness; and
a.4 The victim or complaint or witness are minor
2. Counting Mechanism
The following rules shall apply in the counting of crime incidents:
a. Murder cases (Art. 248, RPC) shall include those that were consummated only.
Infanticide (Art. 255, RPC) and Parricide (Art. 246, PRC) cases shall be counted as
murder case. Killings perpetrated by insurgents and/or terrorists must be included.
Attempted and Frustrated cases of murder, infanticide and parricide are counted as
physical injury cases if indeed the victim(s) was injured. Otherwise, these cases shall
be counted as non-index crimes.
b. Homicide- (Art. 249, RPC). Similarly, only consummated homicide cases are to be
counted. Attempted and Frustrated homicide cases which result to injuries to the
victim(s) are counted as physical injury cases. Otherwise, these cases shall be
counted as non-index crimes.
c. Serious and Less Serious Physical Injuries- (Art. 263, 264 and 265, RPC). In addition to
actual physical injury cases, incidents perpetrated by/or involving
insurgents/terrorists which resulted to the wounding of the victim(s) must also be
counted.
d. Robbery- (Art. 293, RPC). Only consummated robbery cases and robbery in band are
to be counted.
e. Carnapping- (RA 6539) – Only consummated carnapping cases are to be recorded.
f. Cattle Rustling (PD 533)- Only consummated cases shall be recorded.
g. Theft (Art 308, RPC)- Only consummated theft cases are to be counted.
h. Rape (Art. 335, RPC and RA 8353). Only consummated and statutory rapes shall be
included.
i. Suicide shall not be counted as crime.
j. For compound and complex crimes, only the most serious offense should be
counted. (Principal crime rule)
k. The reported incident shall be counted as a crime after validation by the investigation
officer that there is such an incident constituting a crime.
l. Infractions involving violations of provincial/city/municipal and barangay ordinances
shall not be counted.
m. Violations of the Revised Penal Code and Special Laws which are to be settled at the
Barangay (Under PD 1508 as amended by local government code of 1991 and
Supreme Court administrative circular no. 14-93) shall be recorded separately.
n. Crime incident/s under RA 9344 or the Juvenile Justice Act where absolute
confidentially of the parties and the documents are provided shall be recorded. Data
from local DSWD office shall be collated.
o. For purposes of generating separate statistics of all offenses arising from violations
of traffic rules and regulations, the traffic investigation section/division shall assume
responsibility in recording all traffic offenses and submit the same to the crime
registrar for data integration in the crime statistics.