Specialized Crime

Investigation 1 with Legal

Medicine

Prepared by: Dr. Ada Marie T. Campos

 However, there are crimes categorized as
"special" because the complex nature of the
offense requires additional qualifications and
highly specialized training.
special crime investigation deals with the study
of major crimes based on the application of
special investigative technique in the
philippines setting, the following are
considered by the PNP as special crime
investigation:
• HOMICIDE
• R O B B E RY
• M URDE R
• RAPE
• KIDNAPPING
• CA R N A P P I N G
• T E R R O R I S T AC T I V I T I E S
INVESTIGATION
● Investigation came from the Latin term
INVESTIGAT/INVESTIGARE, which means "To
Inquire Or To Discover" during the 5th century

● Is the act or process of investigating or the

condition of being investigated. it also refer to a
searching inquiry for ascertaining facts; detailed or
careful examination.
 CRIMINAL INVESTIGATION
● Defined as the collection and analysis of
facts/truths about persons, things, places
that are subjects of a crime
●It is the collection of facts to accomplish the
threefold aims:
1. To identify the guilty party
2. To locate the guilty party; and
3. To provide evidence of his guilt.
Special Crime Investigation
●deals with the special study of
modern techniques in the
investigation of serious and
specific crimes including
murder, homicide, rape,
abortion, robbery, arson,
kidnapping, and criminal
negligence. The emphasis is on
physical evidence rather than an
extra judicial confession
CRIMINAL INVESTIGATION AS AN
ART - Criminal Investigation is
considered as an art because it is not
governed by rigid rules and
sometimes by chance.

ACCORDING TO DR. HANS GROSS it

is governed by:
95% -Perspiration
3% - inspiration
2%- luck
CRIMINAL INVESTIGATION AS A
SCIENCE

– Criminal Investigation is a science

because it involves the application of
knowledge of forensic sciences in the process
of identifying, locating, collecting,
processing, and/or evaluating physical
evidences.
 PRIMARY JOB OF THE
INVESTIGATOR:

• TO DISCOVER WHETHER AN
OFFENSE HAS BEEN COMMITTED
UNDER THE LAW.
• TO DISCOVER HOW IT WAS
COMMITTED
• WHO COMMITTED IT AND BY
WHOM IT WAS COMMITTED
• WHEN IT WAS COMMITTED
• UNDER WHAT CERTAIN
WHO IS CRIMINAL
INVESTIGATOR
Refers to a person who performs
an investigation. Criminal
Investigator is also known as the
prober and is considered as the
superstar in the process of
investigation.
The NATIONAL FORENSIC SCIENCE
TRAINING INSTITUTE is the institution
under Philippine Public Safety College
that trains uniformed personnel of the
Philippine National Police to become a
certified investigator
All investigators in any police unit must be
a graduate of prescribed investigation
course with a rank of at least PO2 (pre-
requisite to assignment).
Criminal investigators
are fact-finders since they focus their efforts
on facts that are related to criminal activities.
They could be detectives from the
government or form the private sector.
Some are even fictitious like Sherlock
Holmes. To know more about criminal
investigators, consider their role and desired
characteristics.
 “QUALITIES OF COMPETENT /
GOOD CRIMINAL
INVESTIGATORS
1. Perseverance
Refers to the steadfastness or persistence
and resolution to bring the desired result
in spite of obstacles connected with
criminal investigation.
2. Endurance
This is the ability to last physically and
mentally
3. Incorruptible Honesty and Integrity
● In the practice of his art, there is the ever
temptations of money, women and drinks
where these are present in every corner
laying tricks of temptations.

4. The Intelligence and Wisdom of Solomon

● This is very important in order that the
investigator could easily decipher falsehood
from truth and separate the gain from the
chaff.
5. Acting Activity
●It is the ability to go down to the level of the minor, the
prostitute or the slum dwellers, or the level of the other
professionals or the members of the elite.
6. Mastery of the Oral and Written Communication in
order that he will not suffer setback in getting the
accurate facts especially in the preparation of reports
and or transmittal of information.
7. The Keen Power of Observation and Description
●These are very important in crime scene investigation
and in interview and interrogation.
8. Courage
● It is the moral fortitude to tell the truth no matter who
will be hurt.
9. Working Knowledge of Criminal Law,
Evidence, Criminal Procedure, and Penal
Special Laws.
10. The Power to “Read between the Lines”
This is the ability of investigator to interpret the
words or phrases encountered in the process of
investigation in their deeper meaning in order
to arrive with concrete meaning of a certain
statement.
11. Working Knowledge of Martial Arts and
Firearms Proficiency Because He will find
himself in many occasions that he will be alone
in confronting, arresting, bringing to
headquarters and interrogating the offenders.
THREE TOOLS OF
INVESTIGATION
1. Information
2. Interview/interrogation
3. Instrumentation
Classes of Information
Regular Sources – records, files from
government and non-government agencies,
news items.

Cultivated Sources – information gathered

upon initiative of the investigator from
informants and informers.

Grapevine Sources – these are information

coming from the underworld characters such
as prisoners and ex-convicts.
WHAT IS CRIME?

● CRIME- is an act or the commission of

an act that is forbidden or the omission of
a duty that is commanded by a public
law.
● CRIME - is a violation of societal rules of
behavior as interpreted and expressed by
a criminal legal code created by people
holding social and political power (Atty
Gabao)
THREE TYPES OF CRIMES

● CRIME AGAINST THE PERSON

● CRIME AGAINST PROPERTY
● CRIME AGAINST SOCIETY
REVISED PENAL CODE OF
THE PHILIPPINES

● Act no. 3815 is considered as one of the

Philippines most enduring pieces of
legislation. It is the law that defines
criminal offenses and provides the
penalties for the commission of those
offenses.
WHAT IS SPECIAL PENAL
LAW?
● These Special Laws are legislative
provisions on how to deal with special
crimes that is not covered by the revised
penal code such as carnapping,
cybercrimes drug trafficking, gunrunning,
intellectual property theft, kidnapping for
ransom smuggling, trafficking in persons,
and money laundering, just to name a
few.
What is Crime?

● Acts or omissions punishable by

law
1. Felony
2. Offense
3. Misdemeanor
 ESSENTIALS OF CRIMINAL
INVESTIGATION
● The two most basic functions of police
work are: the Protection of life and
property and the Maintenance of Peace
and Order. When either or both of these
fundamental functions fail, the third basic
task, Investigation, must be undertaken.
 INFORMATION VERSUS
EVIDENCE
● Careful gathering information and the thorough
evaluation of this information are the two essential
processes in criminal investigation. These will lead to a
full understanding of the connection between the crime,
its victim and perpetrator, and the pieces of evidence.

● The investigative process must be thought of in terms

of gathering information, instead of gathering evidence.
Information is essential in order to understand the
relationship between the crime and the items of
evidence. There are two sources of information; People
and Things
INFORMATION FROM PEOPLE
● Information is derived from people and may not always
be admissible in a court of law. Information consisting of
rumor, tips, and hearsay can often place an investigator
on the right track to solve a crime, but will probably never
appear in the testimony. The collection of this information
requires the unique skill and ability to elicit the facts that
can be used to help uncover the truth, whether it comes
from the victim, an eyewitness or a suspect in the crime.

● A good investigator must be well-versed in

conversational skill and be able to successfully draw out
information that may not be readily forthcoming.
INFORMATION FROM THINGS

● Physical evidence consists of inanimate

objects that cannot lie or flee. The
investigator must develop a keen sense
of detail when concerning potential items
of evidence.
● Frequently, key items of evidence may
be microscopic in size, but monumental
in helping to prove a crime that has been
committed.
 RELATIVE WEIGHT OF
INFORMATION
● Courts throughout the world have consistently
given higher relative evidentiary value to
information obtained from things, as compared to
information obtained from persons.
● The reason for this is firmly established in the fact
that things cannot lie and are not affected by
emotion or motive. Direct testimony from persons
may be subject to any of these defects. Therefore,
courts have always given more weight to physical
evidence when trying a case.
BALANCING THE SCALE

● Verbal testimony must strike a balance

with physical evidence before a criminal
investigation is considered complete. A
case heavily weighted in one direction or
other exclusively can result in a
questionable outcome.
CHAPTER 2
● Unanswered Questions

● After obtaining all of the information and

evidence related to the case, the
investigator may still not be able to
answer all of the questions surrounding
the crime, cases are closed and
forwarded to the prosecutor for trial with
some unanswered questions.
 An investigator may fail to answer all of his questions for a
variety of reason. Some of these are as follows:

● 1. Incomplete information or confusion on the part of the victim due to

trauma or stress related to the offense.

● 2. Missing or destroyed evidence due to accidental actions or in purpose

on the part of the victim and / or suspect. The victim of a rape may feel
the need to wash before calling the police; thereby, innocently destroying
valuable evidence. A suspect may permanently dispose of a murder
weapon; thereby, eliminating it as a key piece of evidence.

● 3. The suspect may confess to the crime, but leave out pieces of key
information in an attempt to downplay his/ her premeditation or to lessen
the role they played in the crime, particularly if there are accomplices.

● 4. Eyewitnesses to the crime may provide inaccurate information due to

personal bias, confusion, or fear of retribution by the suspect[s].
● There are three interdependent factors in
which the six cardinal points of investigation
is rooted; the motive {the reason that
pushes the perpetrator to commit an act with
a definite result in mind}, the opportunity
{refers to the chance or the occasion to
commit the act} and the means {the
capability of the perpetrator to commit the act
using the available tools at hand}.
● These three factors are so interdependent,
that in the absence of one would not result
into a crime.
● The justification for making an arrest
usually requires a degree of proof than the
deliberate, meticulous process required to
convict and to commit a suspect to prison.

● In the United States, the standard for

conviction in a criminal case is “proof
beyond reasonable doubt.” Here in the
Philippines conviction is rooted on proving
an accused as a “guilty beyond
reasonable doubt”
THE OBJECTIVES OF CRIMINAL
INVESTIGATION
● Perpetrator can make mistake /s during
the crime and may leave some evidences
that will identify who they are; this may
be due to carelessness, emotional and
mental stress, underestimation of law
enforcer’s capabilities and influence of
illegal drugs or alcohol
Thus, the objectives of criminal investigation by
using information derived from these evidences
are:
● 1. To detect the crime.
● 2. To locate and identify suspects in
crimes.
● 3. To arrest suspects in crime.
● 4. To recover stolen property.
● 5. To prepare sound criminal cases for
prosecution.
A successful investigation is therefore one in which
{HESS, K., ORTHMANN, C.H., and CHO, H.L 2016}

● 1. A logical sequence is followed;

● 2. All physical evidence is legally
obtained;
● 3. All witnesses are effectively
interviewed;
● 4. All suspects are legally and effectively
interrogated;
● 5. All leads are thoroughly developed;
and
● 6. All details of the case are accurately
 THE INVESTIGATIVE
PROCESS
● This process consists of five simple steps that can
lend order and direction to the investigation of the
crime. The five steps of this process are

● 1. Identify and state the problem

● 2. Form a hypothesis- Apply reasoning
● 3. Test the hypothesis {Observe and Experiment
● 4. Interpret observations / Results of experiment
● 5. Draw a conclusion
 The reporting of Crime
● 1. By a Victim- the crime may be reported by the victim, such as robbery
or assault. By bringing the crime to the police, the victim has initiated the
first step in the investigation-notifying the police.

● 2. By an Eyewitness- An eyewitness or another person may have

knowledge of a crime that has been committed and notifies the police, or
someone else, who brings it to the attention of the authorities.

● 3. By an Accomplice- in a crime may confess his/her involvement in the

crime. For example, a person who is arrested for a minor offense may tell
the police information about the crime that has been committed by
someone else.

● 4. By an Anonymous Tip- tip may be provided by an unknown person

with the hope of having the police arrest the perpetrator, or simply enact
revenge on an enemy or competitor, such as a rival drug dealer.

● 5. By an Informant- may provide information relating to a crime in order to

 The Preliminary Investigation
● Once the crime is discovered, a preliminary
investigation is initiated. This investigation is usually
conducted by the police officer in the field who first
responds to the call for service, or discovers a
crime in progress. The preliminary investigation
helps establish that a crime has been committed
and attempts to identify the perpetrator(s). if an
arrest cannot be immediately, or the investigation
involves an in-depth effort on the part of the first
responding officer, the investigation and attempts to
solve the crime.
Protocols in Criminal
Investigation
● To ensure a successful prosecution of case
through criminal investigation a certain
guidelines must be followed. These are
comprised of standard operating procedures,
protocols, and legal requirements of the law that
must be observed in handling criminal cases.
The following are the PNP’s protocols which are
to be observed when conducting an
investigation.
1. Jurisdictional investigation of the territorial
unit concerned.
The police Station, which has territorial jurisdiction of the
area where the crime incident was committed, shall
immediately undertake the necessary investigation and
processing of the crime scene, unless otherwise directed
by higher authorities for a certain case to be investigated by
other units/agency.

2. Official Police Blotter

A police blotter is an 18’ x 12” logbook with hard-bound
cover that contains the daily register of all crime incident
events reported in a police station. All crime incidents must
be recorded in the official police blotter.
 However, a separate Police Blotter shall be maintained for offenses requiring
confidentiality like violence like violence against women and children and those cases
involving a child in conflict the law to protect their privacy.
3. Investigation team and equipment
All investigators in any police unit must be a graduate of prescribed investigation
course with a rank of at least PO2 requisite to assignment.

Composition of Investigation of Team

1. Team Leader
2. Investigator/recorder
3. Photographer;
4. Evidence Custodian and
1. Composite Illustrator/Artist

Equipment of the Investigator:

1. Police Line
2. Video Camera
3. Voice Recorder
4. Camera
5. Measuring Device
6. Gloves
7. Flashlight
8. Fingerprint Kit
9. Evidence Bag
10. Evidence Tag
11. Evidence Bottle/vials
 Duties of the first responder
FIRST RESPONDERS- are members of the police, military, fire, medical teams, and
other volunteer organizations who are expected to be the first to respond to calls for
assistance in cases of incidents involving explosive. These are their duties according to
the 2011 PNP Criminal Investigation Manual.

Proceed to the crime scene to validate the information received;

Record the exact time of arrival and all pertinent data regarding the incident in his issued pocket
notebook and notify the investigator on Case;
Cordon off the area and secure the crime scene with a police line or whatever available material
like ropes, straws or human as barricade to preserve its integrity:
Check whether the situation still poses imminent danger and call for back up if necessary.
Identify the possible witnesses and conduct preliminary interview and ensure their availability for
the incoming investigator-on-case;
Arrest the suspect/s if around or in instances wherein the suspects is fleeing, make appropriate
notification for dragnet operations;
Prepare to take the “Dying Declaration” of severely injured persons with the following
requisites;
Evacuate the wounded to the nearest hospital using emergency services;
Account for the killed, wounded and arrested persons for proper disposition;
Conduct initial investigation; and
Brief the investigator-on-case upon arrival and turn over the crime scene.
Conduct inventory on the evidence taken at the crime scene; inventory receipt should be
properly signed by the first responder, SOCO and the investigator.
5. Duties and responsibilities of the investigating team.
Take full control of the crime scene to include the conduct of crime scene
search; taking of photographs; making sketches; lifting of fingerprints;
markings of physical evidence; (Chain of custody) the transmittal of
evidence to crime laboratory; interview of witnesses; gatherings and
evaluation of evidence; follow-up of the case and the documentation and
filing of appropriate charges in court.

6. Investigation of Subjects
Subject or Suspects-individuals who is/are pointed to be by the victims and
witnesses to have had committed the crime in issue. Subject person is not
considered as a criminal unless otherwise his/her conviction is pronounced in
the court.

7.Taking of sworn documents of suspects

The execution of a suspect’s “WAIVER” as stipulated in Article 125vof the
RPC shall always be done in the presence of his chosen counsel or any
independent counsel.
8. Taking of sworn documents of the witnesses
Sworn statement of affidavit of complaint and witness/es
must be taken immediately by the investigator on-case.
Affidavit of arrest of arresting officer must be taken
immediately not later than 24 hours. In inquest cases, the
investigator-on-case and the arresting officer shall observe
Art 125.

9. Preparation of reports and filling of charges

The investigator shall submit the following
A. Spot report within 24 hours to Headquarters
B. Progress Report
C. After Operation Report
D. Final Report after the case is filed before the prosecutor’s
office/court and
E. Accomplishment Report
10. Procedure in the release of crime scene
Crime scene- a venue or place where the alleged crime/ incident event has
been committed. A crime scene may include a home, a vehicle, an open
space, a park, a playground, a remote location in the bushes and woods or
any private and public place or establishment. In order to remove the cordon
and release the crime scene these needs to be followed;
A. Ensure that appropriate inventory has been made
B. Release is accomplished only after completion of the final
survey and proper documentation of evidence, witness, victim
and suspect and
C. If the crime scene is within a private property, the same must
be released to the lawful owner witnessed by any barangay
official.

11. Follow up a case

12. Preparation of case investigation plan
13. Attendance to court duties
14. Uniform of the investigator
CRIME SCENE
INVESTIGATION
● the recognition, search, collection,
handling, preservation and
documentation of physical evidence to
include the identification and interview of
witnesses and the arrest of suspect/s at
the crime scene.
Crime Scene
● Crime scene is an area or vicinity of
occurrence of physical evidence.
● What Constitute a Crime Scene?
● The crime scene can be understood to include
all areas in which the criminal, any possible
victim, and any eyewitnesses moved during the
time the crime was committed.
● In some crimes, however, the crime scene may
actually comprise several different sites.
Illustrative case:
● One evening, a young girl was forcibly abducted from her
bedroom. She was then transported by car to a small hut in an
isolated place. Then and there, she was willfully, feloniously and
intentionally sexually assaulted.
● Subsequently, the abductor shot her to death and then the former
carried the body into the woods where he buried it in a shallow
grave.

● What are the locations in the given example that constitute

the crime scene?
➢ Bedroom
➢ Car
➢ Small hut
➢ Area around the grave
●
 THREE TYPES OF CRIME
SCENE
● OUTDOOR- Susceptible if not preserved well
● INDOOR- much less likely to be contaminated, but
still must be preserved.
● CONVEYANCE- involves the steps one takes in
carrying out the crime.

● Crime scene investigators might investigate the

PRIMARY CRIME SCENE- where the crime actually
took place, or a SECONDARY CRIME SCENE which
is related but is not the scene of the crime.
Crime Scene analysis or Crime
scene response
• much more than processing (searching) and documenting (notes,
photos, sketches), and certainly more than bagging (collecting)
and tagging (preserving evidence).

• Crime scene analysis is a slow, methodical, systematic, and

orderly process of collecting physical evidence based on proper
recognition and collection to be processed in the laboratory by
forensic examiner to uncover significant clues from them.

• Crime laboratories do not solve crimes; only a thorough and

competent investigation conducted by professional police officers
enhances chances for the successful outcome of a criminal
investigation. If the investigator cannot recognize or preserve
physical evidence, no sophisticated machine in the laboratory or
technical expertise can save the situation.
Physical Evidence
● Blood, semen and saliva (liquid or dried, animal or
human).
● Documents (written and typed) – paper, ink, indented
writings, obliterations and burned or charred
documents.
● Drugs
● Explosives (any object that contain an explosive
residue
● Hairs and Fibers
● Fingerprints (latent and visible)
● Firearms and Ammunition
● Glass – glass particles or fragments that may have
been transferred to person or object involved to a
crime.
TYPES OF PHYSICAL EVIDENCE
● A. Anonymous Letters (bank robbery notes, extortion, etc.)
● Retain all original documents, place in transparent letter
envelope. Do not handle with bare hands, advise
● if evidence should be treated for latent prints. Initial and date
each document.
● B. Bullets (not cartridges)
● Initial base, nose or mutilated area, pack the same as for
cartridges, label container.
● C. Clothing
● Mark directly on clothes, or use a tag, each article will be
individually wrapped and labeled, if wet hang to dry.
● D. Clothing/Fabric (stained)
● Use a tag to identify or mark directly on clothes. If wet, hang up
to dry, avoid exposing to direct sunlight.
● Note presence of obvious stain in description of item.
● E. Cartridges (live ammunition)
● Use pillbox, pack tightly in soft paper, label
container.
● F. Cartridge Cases (shells)
● Initial on inside rim of case near the bullet
end, pack the cases the same as for live
ammunition, label container.
● G. Charred or Burned Documents
● Pack in rigid container between loose la
● H. Fibers
● Submit the entire garment or cloth item in a
tightly sealed container, label outside of
container.
● I. Firearms
● Unload all weapons being careful to
preserve any prints (if necessary). Initial as
inconspicuously as possible, string tag the
gun, indicate in your notes where the gun
was marked.
● J. Hair
● 1. Knowns: At least 25 are needed from the head
and different parts of the body for a comparison.
● 2. Unknowns (questioned): The investigator should
collect what is available at the scene. The hairs,
which have been collected, will be placed in folder
paper with all edges and openings sealed with tape.
Label the container.
● M. Knives
● Initial on end of handle or near hilt of blade,
place in a box, preserve for fingerprints (if
necessary) and label the box.
● Plaster Casts
● Shoes and tires will be required for a
comparative examination. Casts must be
packed to prevent breakage,
● label casts with identifying data before they
harden. Such specimens should be handled
by the Evidence Collection Unit.
Cases Falling Under the SOCO
Category
● Murder
● Homicide
● Rape with Homicide
● Arson
● Robbery with Homicide
● Other heinous/sensational cases as directed
by higher headquarters and other cases where
SOCO assistance is necessary
 CASES SUBJECT OF SPECIAL CRIME
INVESTIGATION
• Homicide (Generic term which includes murder, parricide,
infanticide or death where the suicide is suspicious.)
• Sex Crimes
• Robbery (Theft and Carnapping)
• Arson
• Swindling or estafa cases
• Bank Frauds
• Kidnapping
• Bombing
• Falsification of Documents
• Narcotics Control Investigation
• Narcotics Death Investigation
• Hit and Run Accident Investigation
HOMICIDE INVESTIGATION

THE THREE BRIDGES IN HOMICIDE

INVESTIGATION WHICH SHALL NOT BE
CROSSED.
• The first bridge is that the dead body has
been moved.
• The second bridge is when the cadaver has
been embalmed.
• The third bridge is when the dead person is
burned or cremated.
● Homicide is another term for the killing of
one person by another.
A homicide investigation is the gathering
of evidence in order to determine the
perpetrator of the crime.
The investigation is conducted to find out
the motive of the killer, the circumstances
surrounding the murder as well as the
identity of the felon.
● Possible motives for homicides include
sex, financial need, crimes of passion,
blackmail and self-defense, and there
occasionally is no motive at all.
● Establishing the cause of death is
extremely important in
any homicide investigation, because it
usually provides the investigators with
valuable evidence.
● Often, a person will face more severe
penalties if the homicide victim was a
police officer or another type of public
servant. A homicide victim’s death may
also occur as the result of manslaughter.
Manslaughter occurs when a party takes
the life of another without meaning to and
without premeditation.
● AUTOPSY defined—It is the process
by which the pathologist or the medico-
legal officer conducts an examination
on the cadaver to determine the exact
cause of death. Autopsy should be
performed at once when there is the
slightest reason to suspect the
probability of homicide.
 AUTOPSY DISTINGUISHED FROM POST
MORTEM EXAMINATION
● Post Mortem examination is the cursory
examination of the dead body by the
medico-legal officer at the crime scene.
Autopsy is more detailed.
THE DEFINITION OF DEATH IN THE
MEDICAL SCIENCE
● When any of the three vital body
function is no longer performing:
● Respiratory system
● Cardiac activity
● Central nervous system
THE THREE SIGNS OF
PRESUMPTIVE DEATH
● Cessation of breathing or respiratory
movement
● Cessation of heart sounds
● Loss of flushing on nail beds when
pressure is released
● SUSPENDED ANIMATION defined—It
is a condition in which the cardiac
activity, breathing and functioning of the
nervous system may reach a low level
of activity that a homicide investigator
may be deceived into an assumption of
death.
 METHODS OF IDENTIFYING THE
DECEASED

• Fingerprint
• Skeletal studies by an anthropologist
• Visual Inspection
• Personal Effects
• Tattoo marks
• Dental evidence by the forensic Odontologists
• Clothing
• photograph
 COMMON FORMS OF EXTERNAL
VIOLENCE
• CONTUSION—an injury found in the substance of the skin discoloration of
the surface due to extravasations of blood caused by the application of a blunt
instrument. -
• ABRASION—injury characterized by removal of the specific epithelial layer
of the skin brought about by friction against a hard rough surface.
• HEMATOMA—Extravasations of blood in the newly formed cavity known as
blood tumor caused by blunt instrument.
• INCISED WOUND—produced by sharp-edged instrument like bob, knife,
broken glass, etc.
• STAB WOUND-—forcible application of a sharp- pointed with sharp edges.
• PUNCTURED WOUND—produced by sharp pointed instrument.
• LACERATED WOUND—tearing of the skin due to forcible contact with a
blunt instrument, which the edges are irregular.
• BULLET WOUNDS—caused by bullets, which are discharged from a firearm.
The two types of bullet wounds are:
● a. Entrance wound
● b. Exit wound
 TERMS CONNECTED WITH
HOMICIDE
• HOMICIDE - The killing of a human being by another human being
• SORORICIDE - The killing of one’s sister
• FRATRICIDE -_The killing of one’s brother
• MATRICIDE - The killing of a mother by her own child
• PATRICIDE - The killing of a father by his own child.
• PARRICIDE - The killing of a person to whom he is related such as parent,
grandparent, legal wife, or child or grandchild.
• INFANTICIDE - The killing of a child less than three days old
• SUICIDE - Taking one own life intentionally and voluntarily
• UXORICIDE - Act of one who murders his wife
• REGICIDE - The murder or killing of a king
• VATICIDE - The murder of a prophet
• ABORTICIDE - The killing of the fetus inside the womb which is also called
ABORTION
• EUTHANASIA - Mercy killing or painless death of a person suffering from
incurable disease to cut-short his suffering. This is murder with the qualifying
aggravating circumstance of treachery.
 ESTIMATES OF TIMES OF DEATH

A. ALGOR MORTIS (Body Cooling)

● (1) GENERAL RULE — 1.5 degrees F loss per hour
when room temperature is about 70 F. Dr. Simpson
estimates 2.5 degrees an hour for the first 6 hours,
an average of 1.5 to 2.0 degrees F over the first
twelve hours. Drs. Rhodes, Gandon and Turner- 1.5
degrees loss for the last 12 hours and 1 degree for
the next 12 to 18 hours.
● (2) FACTORS OF COOLING—Body temperature at
the time of death, body size (fat slower; child-faster)
clothing or covering environmental temperature (wind
and high humidity increase evaporation of water and
hasten cooling) emersion in water (good conductor).
• RIGOR MORTIS (Stiffening of muscle tissues) General
rates (average clothed adult, observable in the small
muscles first. Detected within 2-4 hours, completed
within 6-12 hours
• LIVOR MORTIS or POST MORTEM LIVIDITY—It is
the blood inside the cadaver which settles down on the
body part nearest the ground and clots due to the action
of gravity. It forms a deep brown or black discoloration on
the skin. If the dead body is resting on its back the livor
mortis or post mortem lividity will form at the back, so
with other parts of the body depending upon the position
at the time of death.
 CADAVERIC SPASM defined—The stiffening of the
tissues occurs immediately after death. This
happens when there is severe injury to the central
nervous system or when there is great tension at
the moment of death. The body becomes stiff and
the hand may be found clutching the weapon
tightly, thus the presumption of suicide.
● Ordinarily, the hand relaxes after death and the
weapon falls away. If the weapon is subsequently
placed in the hands of a dead person, it will be there
loosely.
SEX CRIMES
● CONCEPTS ABOUT SEX CRIMES
● It is triggered by emotion. A person who commits a sex
crimes has lost control of his emotions. It is not
something you can set out and analyze. It is a
compulsion coming deep within the offender.
● Gratification of the sex urge is often done in strange
and morbid methods. It involves an addiction. Sex is a
normal human need, hence, this must be considered in
the investigation of the sex crimes
● Most sex offenders have their peculiar way to commit
this crime.
● One of the most difficult crimes for law enforcement
personnel to investigate is sex crimes, which usually
involve rape, sexual assault or sexual exploitation of
some kind. Sex crimes occur far more often than the
public would like to believe, and most law enforcement
agencies have specific departments to deal with these
types of crimes. Following is an explanation for how
sex crimes are investigated.
● Examination of the Victim
● Sex crimes usually involve a living victim who has
been raped, assaulted or exploited in some way. How
the victim is examined will usually depend on where he
or she first comes into contact with police or medical
personnel. Some rape victims call the police from their
homes or the scene of the crime, while others will find
their way to the nearest hospital and will be interviewed
there. Occasionally, a sex crimes victim will go to a
police precinct; regardless, the victim will be
encouraged to seek medical care immediately.
● Collection of Evidence on the Victim
● Sex crimes are unique because much of the evidence is
usually found on his or her person, rather than at the scene of
the crime (though the crime scene will still be processed, if
applicable). The victim will be encouraged to have a rape kit
performed by an emergency room physician, who will collect
evidence and receipt it to the police to be analyzed by their
labs. Common evidence found in sex crimes include hairs,
fibers, seminal fluid, blood, DNA or blood under the fingernails
of the victim and spermicide (if the assailant used a condom).
● Evidence found on the victim is swabbed or collected in
evidence buttons and is taken to the police labs for processing.
● Processing of Evidence on the Victim
● Any evidence that includes DNA will be typed and then
run through several different law enforcement
databases against known sex offenders and other
criminals. Fibers will be analyzed to determine if their
origins can be decisively determined and spermicide
will be analyzed to determine whether or not it can be
traced to a specific type of condom.
● Interviewing the Victim
● This is one of the most difficult parts of the
investigation because victims of sex crimes are
often forced to go over their testimonies several
times to be sure that law enforcement personnel
have all of the information. They will be asked to
describe the attack in detail and will be prompted to
remember anything that might help to identify their
assailant. Since most sex crimes are perpetrated by
someone who knows the victim, he or she will be
encouraged to tell police the name of the assailant.
● Going to Court
● If an assailant is eventually identified either through
DNA or because of the victim's testimony, he or she
will be tried in court for the sex crimes he or she
committed. Unless a plea bargain is offered and
accepted or the assailant wishes to plead guilty to
the charges -- the victim will have to testify in court
against his or her assailant. This is one reason why
many perpetrators of sex crimes never see the
inside of a prison cell; it is extremely difficult for
victims to testify in open court.
THE CATEGORIES OF PECULIAR WAYS OF
SEX OFFENDERS

● FETISHISM—objects compulsively used in attaining sexual

gratification.
● SYMBOLISM—the representation of things by the use of
symbols especially in the art or literature such as systems of
symbols and symbolic meanings; and a group of symbolist as
in art or literature.
● RITUALISM—sex offenders of this category use the same
approach or pretext all the time. This will help in solving serial
rapes by analyzing the peculiar rituals used.
● SEX FANTASY OR DREAM WORLD—the sex fantasy
overcome the offender who puts his dreams to reality to see if
he will feel even better and its importance to him.
● SADISM—prior acts of cruelty before the sex encounter brings
climatic sexual satisfaction.
● MASOCHISM – sexual satisfaction is gained by being
humiliated, hurt or beaten before the sexual act.
● SADOMASOCHISM injury and at the same time enjoys having
injury inflected upon him preceding the sexual act.
● VOYEURISM_a sexual gratification by looking at nude person.
Peeping Toms are included in this category.
● SATYRISM—.-an abnormal over-sexual activity on the part of
the man. The abnormal sexual of fender is called satyr, which
was derived from the Greek Mythology of a half-man haligoat
animal who could impregnate fifty female goats a day.
● NYMPHOMANiA - the compulsive and uncontrollable feeling of
woman to over indulge in sexual activity. The woman is called
nymphomaniac.
● NECROMANIA OR NECROFHILIA – sexual gratification on a
dead person or love towards a dead person.
● PEDOPHILIA—sexual gratification where the victims are
children. The person afflicted with this sexual perversion is the
pedophile.
OTHER TERMS CONNECTED WITH SEX
CRIMES
● SODOMY—sexual intercourse thru the anus or anal sex.
● ORAL SEX—sexual perversion where gratification is
thru the mouth.
● BESTIALITY—sex gratification is thru sexual intercourse
with animals like pets such as dogs, cats, etc.
● IMPOTENCY—the failure to have erection of the male
organ.
● STERILITY—the failure to procreate or produce
offspring. A man may not be impotent but sterile and vice
versa. A woman is never called impotent but maybe
sterile.
● VIRGINITY—It is the condition of a woman where
the hymen of her vagina is still intact or
unruptured.
● It does not mean that when the hymen is intact, there is no
case of rape. The mere touching of the labia majora (major lips)
of the pudendum (vagina) by the male organ is considered as
consummated rape because there is a slight penetration.
Virginity is not an element in the crime of rape because even
the prostitute who is veteran of many foreign wars could be a
complainant.
● Virginity is not only lost thru sexual intercourse but by bicycle
riding or other strenuous physical exertion on the part of the
woman, or the insertion of an object while in the act of
masturbation.
RA 8353 (Anti- Rape Law of 1997)

● Rape now is classified as crime against persons.

Previously, it is a crime against chastity. Thus, there is
now an impossible crime of rape. Raping a dead person
believed to be alive by the offender is impossible crime of
rape.
● Rape could be committed on male person.
● Marital rape could also now be committed by the
husband.
● The insertion of the penis or objects into the mouth,
genitals or anal orifice of another person with carnal
knowledge is rape.
● STATUTORY RAPE—when the victim
of rape is twelve years of age and
below, it is statutory rape. The reason
for this is that even if the child
consented to the sexual intercourse,
her consent is not valid because by her
age, she could not give a valid consent.
EVIDENCE IN THE INVESTIGATION
OF RAPE
● panty or other clothing of the victim
● physical examination of the victim to determine
signs of force such as injuries or the presence
of seminal fluids inside her organ.
● detached pubic hairs of the victim and suspect
● physical examination of the suspect and the
examination of his clothing.
● relevant matters at the scene of the crime.
● testimonies of witnesses if there is any.
● written complaint of the victim.
 NARCOTICS DEATH INVESTIGATION

● THE THREE PHASES OF NARCOTICS

DEATH INVESTIGATION
• The scene of death investigation
• The medical examination
• The toxicological investigation
● DEATH DUE TO NARCOTICS—A
common occurrence in the use of
prohibited drugs is the death of the
user. The investigation should
determine the manner of death which is
either homicide, suicide or accidental. A
thorough investigation at the scene
helps the medical examiner in
determining the cause of death.
 THE PSYCHOLOGICAL SYMPTOMS or USE
OF DRUGS

● Codeine—nausea or vomiting, dizziness,

constipation and respiratory failure.
● Heroin and Morphine—sweating, loss of appetite,
nausea, constipation, itching, thirst, cyanosis
● Barbiturates—lower body temperature, cyanosis,
skin rashes, constipation, and cold extremities
● Cocaine—nausea, vomiting, chills, sweating, thirst,
convulsion, ) circulatory and respiratory failures.
● Amphetamine—diarrhea, constipation, nausea,
vomiting, cramps, chills, sweating, thirst, convulsion,
petechial hemorrhage.
What is Domestic Violence?

● also known as domestic abuse, spousal abuse, battering, family

violence, and intimate partner violence (IPV), is defined as a pattern of
abusive behaviors by one partner against another in an intimate
relationship such as marriage, dating, family, or cohabitation.[1]
● Domestic violence, so defined, has many forms, including physical
aggression or assault (hitting, kicking, biting, shoving, restraining,
slapping, throwing objects), or threats thereof; sexual abuse; emotional
abuse; controlling or domineering; intimidation; stalking; passive/covert
abuse (e.g., neglect); and economic deprivation.[1][2]
● Alcohol consumption[3] and mental illness[4] can be co-
morbid with abuse, and present additional challenges in eliminating
domestic violence. Awareness, perception, definition and documentation
of domestic violence differs widely from country to country, and from era
to era.
 BODY SIGNS
• Cyanosis—bluish discoloration of the face or finger nails due to
insufficient oxygen on the blood caused by increased carbon dioxide in
the body.
• Petechial hemorrhage—pin point spots of discoloration as a result of the
capillary ruptures due to pressure and generally observed in the eyes, eye
lids, behind the ears and internally.
• Formation of Froth—observed in mouth and nose, maybe white or pinkish
and caused by fluids entering the air passage.
• Hematoma—a localized swelling on any part of the body caused by
bleeding beneath the surface of the skin. This is caused by skin
“popping” rather than by vein injections.
• Needle Marks and Tracks—visual evidence of intravenous injections. The
tracks will follow the vein and results in a dark discoloration and eventual
collapse of the vein.
• Scar—skin marks caused by the victim in removing needle marks, scabs,
which adds to the tin- sanitary conditions of the victim.
• Rashes/Scratch Skin—external body signs due to the use of morphine or
heroin poisoning.
● SCENE OF DEATH—The investigator should care fully take
note of the following relevant items in his investigation;
● Paraphernalia—used in the administration of drugs
such as syringe, needle, tooter, tin foils, heaters,
tourniquet, spoon or bottle top, ‘cookies’, small balls
of cotton, capsules, envelops, matches, etc.
● Narcotics medication—Laudanum, paregoric,
codeine, cough syrup, all utilized as carry overs until
the next use in the drug.
● Maalox, or Milk of Magnesia—medication used to
relieved nausea, vomiting, constipation, cramps and
diarrhea.
● Absence of nutritional food—loss of appetite is a
symptom of poisoning. Presence of candy or soft
drinks indicates low insulin count.
● Body fluids—presence of urine, feces, or
vomitus at the scene maybe evidence of the body
at tempting to rid the poisoned organs.
● Clothing or bed linen—sweat stained, sod king of
from the victim having hot and cold flashes.
● Lack of ordinary cleanliness—drug dependent is
not concerned with health problems due to
neglect.
● Wet body—evidence of body being immersed in
bath tub or shower or having cracked ice placed
under clothes or private parts. This is an attempt to
relieve the overdose.
● Nylon stocking—stretched over a hanger used as
sieve or strainer.
● Playing cards—with the powder form of drugs
such as cocaine or morphine, it is used to scoop
the drug for sniffing.
● Merchandise—portable items easy to be disposed
off, which maybe stolen and easy to sell.
THEFT AND ROBBERY
INVESTIGATION

● TWO TYPES OF ROBBERY

● Force upon things as means of entry to
the house or building; and
● Intimidation or violence upon persons
● Definition of Robbery:
● Robbery is defined as taking the property of another,
with the intent to permanently deprive the person of
that property, by means of force or fear.
● The element of force differentiates robbery from
embezzlement, larceny, and other types of theft.
● Armed robbery involves the use of a weapon.
Aggravated robbery involves the use of a deadly
weapon or something that appears to be a deadly
weapon.
● Art. 293. Who are guilty of robbery. —
Any person who, with intent to gain, shall
take any personal property belonging to
another, by means of violence or
intimidation of any person, or using force
upon anything shall be guilty of robbery.
 FORCE UPON THINGS
• As means of entry, a locked door is broken or forced open. A closed
but unlocked door is not a locked door.
• Thru an opening which might be not locked but which is not
intended or designed for entry. If a robber enters a building thru the
open or locked window where he takes personal properties in side,
it is robbery;
• If the door is open or closed but not locked, and once inside breaks
open locked drawers, aparadors, wardrobes, safes where personal
properties are taken, it is robbery;
• If the door is open and used as entry and while inside, the robber
brings out receptables such as aparadors, drawers, wardrobes,
safes and other forms of receptacles and while outside breaks
open these receptables where personal properties are taken, it is
robbery;
• The use of picklocks to open locked doors or locked receptacles
inside and personal properties are taken, it is robbery. Genuine
keys stolen from the owner are considered picklocks.
• The mere possession of picklocks is punishable under the Revised
Penal Code. (Art. 304)
● THEFT—Personal properties are taken without the
consent or knowledge of the owner.
● Pickpockets, simple snatching and other forms are included
in this classification.
● Theft inside a house or a building where entry is thru an
open or closed door but unlocked, this is theft;
● Breaking the glass panes of a show window and extending
an arm to get the valuables inside is theft as the force upon
things is not used as means of entry. If the one who breaks
the glass pane bodily entered the show window, it would be
robbery with force upon things.
● Ordering someone to deposit or withdraw money from the
bank by giving the bank book and signed deposit or withdrawal
slips and that someone absconded the money, it is theft.
● Entrusting a piece of jewelry to be sold on commission basis
and the agent failed to remit the price or return the property
unsold, the case is not Theft but Estafa.
● In Theft, there is only material transfer to the property but in
Estafa, there is juridical transfer of the property. Juridical
transfer implies that the receiver of the property has the
authority to dispose the same. In Theft, there is no such
authority.
● In the investigation of theft and robbery cases, there is the
importance of the value of the property subject of the offense,
because the imposable penalty is based on the value.
Investigating Robbery
1. Approaching: Same as for violent crime, but be
inconspicuous and call for backup. Less need to observe
odors and weather conditions.
2. Preserving: Diagonal coverage usually. Avoid further
contamination. Determine modus operandi (type of building,
entry, loot, time, partners, trademarks).
3. Processing: Photograph exterior/interior, place of
entry/exit. Measure distances. Search the scene. Plant
markers. Photograph evidence. Diagram the scene. Take
notes. Bag & tag.
4. Interview the victim: Obtain whereabouts, acquaintances,
enemies, recent visitors, and list of stolen property. Check for
history of insurance claims. Walk victim with you through
crime scene. Determine if suspect did anything other than
steal.
● 5. Discover modus operandi: Determine this from
clues - prints, tool marks, footprints, fibers, entry
and exit points. Trace evidence with numerical
characteristics.
6. Conduct canvass of area: Cultivate or work an
informant. Interview and interrogate. Conduct
surveillance on appropriate receivers of stolen
property.
7. Notify and work: with surrounding departments
and private security; recover stolen property;
update modus operandi files.
● Physical evidence to look for include: footprints, fingerprints,
fiber traces, clothing and dust samples, tool marks, and of
course related property.
● A property criminal will usually have an extensive prior arrest
record and be in possession of numerous unusual items
such as burglar tools as well as the proceeds from many
crimes. Many of them specialize at taking certain kinds of
items.
● At the crime scene, some good places to look for fingerprints
are: the bottoms of dresser drawers, doors, windows, any
documents handled, toilet seats, items in the refrigerator, and
cans in the garbage. Property criminals often help
themselves to toilet and food items.
 ● The classic modus operandi of a property criminal consists
of the following:
1. Type of victim - they usually specialize in a type of prey
2. Type of dwelling - they usually have a turf or place for
preying
3. Means of entry - they usually use the same ploy or method
4. Type of loot - this tells if they are skilled or unskilled
5. Time of operation - this is how long the crime takes
6. Presence of partners - some work alone; others with
partners
7. Trademarks - some leave calling cards at the scene
CARNAPPING
● THE ANTI CARNAPPING LAW—RA 6539
● CARNAPPING defined—It is the
unlawful taking, with intent to gain, a
motor vehicle belonging to another
without the letter’s consent or by means
of violence against or intimidation of per
son or using force upon things.
ELEMENTS OF CARNAPPING
● Unlawful taking
● Interrogation
● Motor vehicle belonging to another
● Lack of owners consent
● By violence or intimidation against
persons or force upon things.
● People steal cars for four reasons: (1)
joyriding; (2) transportation need; (3)
commission of other crime; and (4)
profit (
● MACRO ETCHING—It is the chemical process of
determining the authenticity of the engine and
chassis numbers of a motor vehicle which is a
requirement before a clearance is used for
registration of newly transferred vehicle from the
dealers, owners or buyers.
● MICRO ETCHING—It is the chemical process of
restoring erased or tampered engine and chassis
numbers. The process is by continuous application of
strong acid on the suspected tampered or erased
numbers.
 HOW TO DETECT STOLEN
VEHICLES
• No license plate number
• Sporting improvised plates
• Sporting plates which are for specific vehicles like
yellow plate attached to the private vehicles
• Abandoned vehicles
• Fake license plates or stickers
• No sticker for the current year
• Haphazardly painted
• Plates do not correspond to the year or model of
the vehicle.
ARSON INVESTIGATION

● ELEMENTS OF ARSON
• Actual burning took place.
• Done with malicious intent.
• The burning is done by a person who is
criminally and civilly liable.
 CONSUMMATED ARSON
● The mere discoloration or scorching of a
wooden wall by fire is consummated arson.
● If the scorching is on the concrete wall where
there is remote possibility of the fire to
spread, it is attempted arson
● The act to set fire with the preparation of
inflammable material at the place to be
burned is at tempted arson.
● There is no frustrated arson
 THE NEED TO KNOW THE LAW

● The police is mandated to enforce the law and a

judicial writs specifically addressed to it. The police
must know the law that it should enforce because not
all laws could be enforced by the police. The police is
strictly confined to Criminal Laws and special
legislations which are penal in character. Civil Law is
not one among the laws that the police could enforce
thus there is the need it? Know the distinction
between Criminal Law and Civil Law. Many of our
law- enforcers had been remised in this knowledge
resulting to criminal and administrative charges filed
against them.
● In the enforcement of criminal law enforcers
are duty bound to be guided by our Revised
Criminal Procedure. So with the preparation of
cases to be brought before the Prosecutor or
the Court, our law enforcers are required to be
strictly guided by the Law of Evidence. Without
this adherence to these laws, the effort of the
police to protect society will be brought to
naught. Thus, the knowledge of our law
enforcers must be up-to-date specially the
recent decisions of the Supreme Court.
THE RIGHTS OF THE ACCUSED

● THE RIGHT OF THE ACCUSED

AGAINST SELF INCRIMINATION—which
is guaranteed by the Constitution is only on
TESTIMONIAL MATTERS either written or
oral. This is further emphasized by the
explicit right of the accused to remain silent
during the custodial investigation,
preliminary investigation, court trial, and
during administrative or quasi judicial
inquiries.
CAN THE RIHTS BE RIGHTS
COULD BE WAIVED?
● A written waiver subscribed by the
accused and his lawyer is a legal
requirement before a written confession
can be admissible. This is during the
custodial interrogation or investigation
conducted by the police investigator.
● During the Preliminary Investigation conducted by the Prosecutor
or the Judge, the admission or the confession of the accused is
admissible in evidence without the requirement under the
Custodial Investigation. The Preliminary Investigation is no longer
part of the custodial investigation where the Miranda Doctrine is
observed.
● c. During the Court Trial, once the accused takes the witness
stand to testify in his behalf, he has waived his right to remain
silent or against self- incrimination. He must answer all questions
in the direct and cross-examination. But his silence in any manner
does not prejudice him. He may invoke his right to remain silent if
the question tends to incriminate him in other crimes other than
the one he is prosecuted.
INSTANCES WHERE THE
MIRANDA DOCTRINE WILL
NOT APPLY
● Field inquiry does not re quire that all
those persons questioned about the
crime must be warned of their rights
under the Miranda Doctrine, otherwise no
one would come forward to testify.
VOLUNTARY SURRENDER COUPLED WITH
CONFESSION

● When a suspect voluntarily surrenders to any

peace officer either at the field or inside a
Police Headquarters and is accompanied by a
voluntary confession, this surrender and
confession must be entered in the police
blotter. When later on, during the custodial
interrogation, a lawyer for the accused arrives
and advices his client to invoke his right to
remain silent, the one who received the
surrender and confession must execute an
affidavit and that of his witnesses and the
confession must be introduced as evidence.
TIME TO GATHER EVIDENCE

● From the start of the police investigation up to

referral for inquest or filing the case with the
Prosecutor or Judge;
● During the Preliminary Investigation. Contrary
to the notions of some police investigator and
Chief of Investigation Units, the police could still
gather evidence. These officers are of the
opinion that once they have filed the case with
the Prosecutor’s Office, they have already lost
jurisdiction to gather evidence.
●
● During Trial—The police is not barred to gather evidence
relevant to the case at this stage. The rule is that the
application for search warrant must be filed only with the
Court trying the specific case. But if the evidence subject
of the search warrant is outside of the jurisdiction of the
trial Court, then the application for search warrant must
be filed with the proper Court having competent
jurisdiction of the place to be searched.
● After Conviction—There is no rule which bars the police
to receive or gather evidence if only to serve the ends of
justice. The evidence gathered should be forwarded to
the proper authority.
 MECHANICAL ACT distinguished from
MENTAL ACT
● MECHANICAL ACT—Are human actions which do not involve
the use of mental processes. Examples:
● (1) Physical examination of the suspect
● (2) The accused could be required to stand up in Court for
purposes of identification.
● (3) To appear at the scene of the crime.
● (4) To put on a blouse to see if it fits
● (5) To place a handkerchief over his face.
● (6) To stand up and remove his eyeglasses.
● (7) To remove his shirt and coat to permit the Court to see scars
on his body.
● (8) To exhibit his hands and arms to show tattoo marks thereof
which a previous witness has sworn they were there.
● (9) To discharge prohibited drugs from his mouth.
● MENTAL ACT—It is any human action which requires the use
or application of mental faculties or processes to make the
specific act. Examples:
● (1) Ordering a person to write in order to get his hand writing
specimen;
● (2) Ordering a person to speak and answer questions;
● (3) Submitting a person to lie detector examination test and to
answer questions;
● (4) In the re-enactment of the crime at the scene by ordering
the accused to demonstrate how he committed the crime
● (5) Taking the dictation for the purpose of detecting has
participation in a crime.
● EVIDENCE OBTAINED FROM MENTAL
ACTS— Not admissible in evidence if
obtained thru coercion or compulsion as it
violates his right against self incrimination.
● EVIDENCE OBTAINED FROM
MECHANICAL ACTS—They are admissible
in evidence as they do not violate the rights
of the accused against self incrimination. The
police could force accused to do the
mechanical acts without incurring liability.
 CRIMINAL PROCEDURE
● WARRANTLESS ARREST WHEN LAWFUL—A
peace officer or a private person, may without
warrant arrest a person on the following instances
● a. When in his presence, the person to be arrested is actually
committing, has committed or is at tempting to commit an
offense:
● b. When an offense is in fact just been committed and he has
probable cause to believe, based on personal knowledge of
facts and circumstances that the person to be arrested has
committed it:
● c. The person to be arrested is a prisoner who has escaped
from a penal establishment or a place where he is serving final
judgment or is temporarily confined while his case is pending or
has escaped while being transferred from one confinement to
another.
● SEARCH INCIDENTAL TO A LAWFUL ARREST
WITHOUT WARRANT—-The person making the
arrest can lawfully search the body of the suspect
and his personal effects or belongings and his
immediate vicinity for weapons or any evidence of
the commission of the crime without need of a
Search Warrant.
● The search of the immediate vicinity of
the person arrested must be governed by the
Plain View Doctrine. The person making the
search is not at liberty to search and seize
evidence not exposed to public view.
● EN FLAGRANTE DELICTO—It is commonly called that the
person is caught in the act of committing, at tempting to
commit or has committed an offense in the presence of the
person making the arrest.
● THE DOCTRINE OF HOT PURSUIT—The arresting person
can pursue the person to be arrested when the offense has
in fact just been committed and he has probable cause to
believe, based on personal knowledge of facts and
circumstances that the person to be arrested has committed
the crime.
● The pursuing officer or private person can
validly arrest the offender before six hours from the
time of the commission of the as stated in a ruling
laid down by the Supreme Court.
● CASES OF ARRESTED PERSON
WITHOUT WARRANT—Person arrested
without warrant shall be brought by the
police before the Inquest Officer within the
reglamentary period prescribed by law.
Failure to bring the arrested person within
the pre scribed period will ripen to Arbitrary
Detention.