Republic of the Philippines

Province of Cotabato
Municipality of Makilala
MAKILALA INSTITUTE OF SCIENCE AND TECHNOLOGY
Makilala, Cotabato

CRIMINOLOGY DEPARTMENT
__________________________________________________________________________________________________
SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE
Course Number : CDI 2 Instructor: Kythrene Faith M. Camarillo, RCRIM
Course Title : Specialized Crime Investigation with Legal Medicine Mobile No. 09090054794
Credit Units : 3 Units (3 hours lecture) Email Address: kythrenefaithcamarillorcrim@gmail.com
Module No : 1
Duration : 3 weeks

I. LEARNING OUTCOMES:
After reading this module, you are expected to:
1. evaluate the accuracy of the given statements based on the concepts discussed and revise
erroneous statements;
2. familiarize the crime scene investigation;
3. determine what concept on the crime scene investigation, first responder and the intervention
methods by investigators on a case (arrest, search and seizures) being asked;
4. enumerate the kinds of valid warrantless searches and seizures; and
5. examine a case and discuss the roles of the investigator.

II. TOPICS:
 The Investigator
 Crime Scene Investigation

 First Responder
 Intervention Methods by Investigators on Case (Arrest, Search and Seizures)

III.REFERENCES:
Camara, RT. (2019). Special Crime investigation 2 with simulation in Interview and Interrogation.
BIBLIOGRAPHY Guevara, R. M., & Almojuela Jr., F. R. (2014). Special Crime Invetigation. Caloocan City:
Wiseman's Books Trading, Inc.

IV. COURSE CONTENT

 THE INVESTIGATOR

 In the field of special crime investigation, an
investigator is the person who is tasked with the duty
of carrying out the objectives of investigation.
 The job of the investigator: To carry out the many
responsibilities assigned to an investigator, deductive
logic is utilized. In this aspect the logical progression
points to the sequence of events from generic to
specific.
 The job of the investigator involves the task of
identifying the criminal offender, protecting the
crime scene, collection of evidence from the crime scene, interviewing witnesses,
reconstructing the crime scene, tracing and locating the suspect, vigorous questioning of
the suspect in custody and in observance of due process, serves as a witness in favor of the
aggrieved or offended party.
 In homicide cases, if the investigator should happen to be the first responder officer, his
primary task is the verification of death of the victim.
 The homicide unit manned by the best and well-trained investigators who are on call 24 hours
a day, 7 A week, and have unlimited access to the office support staff.

 REPUBLIC ACT NO. 7438 APRIL 27, 1992 AN992 AN ACT DEFINING CERTAIN RIGHTS OF
PERSON ARRESSTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION WELL AS THE
 DUTIES OF THE ARRESTING, DETAINING AS AND INVESTIGATING OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF.

Right of person Under Investigation

Any person under criminal investigation for the commission of an offense shall have the right:
1. to be informed of his right to remain silent
2. to have competent and independent counsel preferably of his choice or to be provided
with one
3. against the use of torture, force, violence, threat, intimidation, or any other means which
vitiates the free will and
4. against being held in secret, solitary, incommunicado, or other similar forms of detention.

 Crime scene investigation

 It is the conduct of processes, more particularly 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.

 Upon receipt of a report/complaint of a crime incident, the Desk officer shall:

A. Record the time the report/complaint was made, the identity of the person who made the
report, Place of the incident and a synopsis of the incident.
B. Inform his superior officer or the duty officer regarding the report.

 First responder - any police officer who first arrives at the Crime scene and shall endeavor to protect
and secure the

Same as follows:
1. C- ordon off the crime scene with whatever Available
materials like ropes, straws, human Barricade, police
line, if available, etc.;
2. E- vacuate injured persons to the nearest hospital.
3. P- repare to take the "dying declaration" of severely
Injured person, if any; the
4. P- revent entry/exit of persons within the Cordoned area
and;
5. P - repare to brief the investigators of the situation upon their arrival.

 Crime scene investigation proper

1. Receipt of briefing and designation of command Post. The team leader upon arrival at
the crime Scene receives the briefing from the first responder and shall immediately
designate a command post which is ideally located adjacent to the scene where the
evidence custodian stays and receives the Pieces of evidence turned over to him for safe-
Keeping by the other evidence collectors.

2. Initiation of preliminary survey. The team leader Makes a general assessment of the
scene, takes as Cautious walk-through of the crime scene, takes down extensive notes to
document important Factors, and establishes the evidence most likely to be encountered.
He then defines the extent of the Search area, and determines personnel and Equipment
needed, and makes specific Assignments. From his assessments, he develops a General
theory of the crime scene.

3. Preparation of narrative report. The team leader uses the systematic approach in making
a narrative Report. No item is too insignificant to record if it catches one's attention.

4. Documentation of the crime scene. The Photographer begins taking photographs as soon
as Possible. The evidence collectors do not touch or Move any evidence once it is located
until it has Been Identified, measured, recorded and photographed. Sketches supplement
the Photographs. The best tool in documenting the Crime scene is the use of video camera.

5. Crime scene sketches. A rough sketch is prepared indicating the actual measurement of
Things with scale and proportion observed and oriented to the North Pole. All necessary
Information is placed in the sketch.
 6. Detailed search. The search for physical evidence is done using the accepted methods of
search depending upon the actual location to be searched.

7. Collection of physical evidence. The team leader Is always informed of significant evidence
located. The evidence collector shall put his initial, location and date of collection on the
item and turn it over to the evidence custodian for documentation and safekeeping. In
cases where the evidence encountered needs special processing due to significant or
sensational cases, the scene of the Crime operation (SOCO) specialists of the crime
Laboratory shall be requested.

8. Conduct of final survey. The team leader makes a final review of the crime scene to
determine Whether or not the processing has been completed.

9. Release of the crime scene. The release of the Crime scene shall be done if the investigator
is satisfied that all pieces of evidence have been Investigator is recovered. Thus, the
investigator must evaluate the items recovered from the results of interrogation of the
suspect/s and the interview of the witnesses He must bear in mind that upon the formal
release of the crime scene to the proper authority, Warrant is already required for his re-
entry to n Proper authority, a Crime scene.

 The Conduct of interview - while the crime scene is being processed, the team leader shall
designate other members to look for witnesses and immediately conduct interview. The
assigned investigators shall jot down important facts for the future reference.

 Arrest of suspect/s - upon arrival at the crime scene, the Team leader shall endeavor to arrest
the suspect/s if he is still at the crime scene or the first responder did not arrest The
suspect/s. The suspect/s shall be secured and shall be separated from the other witnesses.

 Rights of the person arrested or under investigation:

 You have the right to remain silent, anything that you say can and will be used for or
against you in any Court of law. You have the right to counsel of your own Choice and if
you cannot afford, one shall be provided to assist you."

 Intervention methods by investigators on Case (arrest, search and seizures)

Basic requirements of police intervention operations: Generally, all police
intervention operations (arrest, raid, Search and seizure, checkpoint, etc.) shall
be conducted.
A with a marked police vehicle;
B. Preferably led by a commissioned officer;
C. With personnel in proper police uniform

 Arrest: all arrest should be made only on the basis of a valid warrant of arrest issued by a competent
Authority, except in cases specified under the doctrine of Citizen's arrest (sec. 5, rule 113. Rules on
criminal Procedures).
 Arrest is the actual restraint of the person to be arrested or by his submission to the
custody of the person making the arrest. No violence or unnecessary force shall be used in
making an arrest, and the person to be arrested shall not be subjected to any greater
restraint than is necessary for his detention.
 Time of arrest -as a general rule, arrest may be made on any day at any time of the
day or night.
 Modes of arrest - an arrest may be made by virtue of a Warrant of arrest, or without a
warrant as hereinafter provided.
 Execution of warrant - the head of the office to whom the warrant of arrest is delivered for
execution and shall cause the warrant to be executed within ten (10) days from receipt.
Within ten (10) days after the expiration of such period, the officer to whom it was assigned
for execution shall make a report to the judge who issued the warrant and in case of his
failure to execute the same shall state the reasons therefore.
 Arrests by virtue of a warrant of arrest -
o It shall be the duty of the officer executing Delay and deliver him to the nearest
police station Arrest the accused without unnecessary Warrant to arrest g the Or
jail.
 When is a warrant of arrest not necessary?
(1) when the accused is already under detention Pursuant to a warrant issued by the MTC
judge in Rule 112, sec. 6 (b);
 (2) when the complaint or information was filed Pursuant to rule 112, sec. 7, i.e. A valid
warrantless arrest;
(3) when the offense is penalized by fine Only. (rule 112, sec. 6 (c)
(4) when the accused lawfully arrested escapes or Is rescued (rule 113, sec. 13)

 Arrest without a warrant; when lawful - a peace officer or A private person may, without a warrant,
arrest a person:

a. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;

b. When an offense has just been committed and he has probable cause to believe, based on
personal Knowledge of facts or circumstances, that the Person to be arrested has committed it;
and
c. When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while being transferred from
one Confinement area to another.

 Duties of arresting officer in case of arrest without a Warrant:

A. The arresting officer shall inform the subject or Suspect, in the dialect or language known to
him, Why he is being arrested, and of his right to remain Silent and to have a counsel of
his own choice, to be Informed of his authority and the cause of arrest, Unless the person
to be arrested is then engaged in The commission of an offense or is pursued Immediately
after its commission or after and Escapes; or flees or forcibly resists before the officer Has
opportunity to so inform him, or when the Giving of such information will imperil the
arrest.

B. The arrested person shall be delivered to the Proper authorities without unnecessary delay
and Within the time prescribed in article 125 of the Revised penal code, as amended (12,
18, or 36 Hours, as the case may be).

C. The person arrested without a warrant shall be delivered to the nearest police station or jail,
and shall be subject of inquest proceedings under Section 7, rule 112 of the 2000 rules of
criminal Procedure.

D. If the person arrested without a warrant waves His right to remain silent under the
provisions of Art 125 of the revised penal code and opts to give a Statement and present
evidence for his defense, the Arresting officer shall ensure that the waiver made by the
person arrested shall be in writing and in the Presence of his counsel of choice.

 Physical examination of arrested person/suspect –

 Immediately after the arrest of a person arrested by the Court, or of a person ordered arrested
by the court, or of a Suspect under investigation, he should be subjected to a Physical
examination by a medico-legal officer or, in the Physician in the area.

 Prior to his release or any change of Absence of such medico-legal officer by any government
Custody, the suspect shall also be physically examined.

 Prohibitions - No torture, force, violence, Intimidation, or any other means which violates the
free Will violence, threat, will shall be used against the suspect. Secret detention Places solitary
confinement (incommunicado) or other similar forms of detention shall be prohibited.

 Record check - the officer shall make a record check for the possibility that the arrested
person is wanted for Crimes other than that for which the same was arrested.

 Search and seizures: search warrant defined - it is an order in writing issued in the name of
the people of the Philippines, signed by a judge and directed to a peace Officer, commanding
him to search for any property Described therein and bring it before the court.

 Constitutional basis: art. III, sec. 2, 1987 Constitution:

"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

 Applications for search warrant - all application for Search warrant shall be approved by a
duly designated Officer. The application shall be recorded in a logbook.
 Prohibited acts in the conduct of search

A. Houses, rooms, or other premises shall not be Searched except in the presence of the lawful
Occupant thereof or any member of his family or in the absence of the latter, the presence of
two (2) Witnesses of sufficient age and discretion residing in the same locality.

B. Lawful personal properties, papers, and Other Valuables not specifically indicate or
particularly Described in the search warrant shall not be taken

 Validity of search warrant - the searched shall be valid for ten (10) days from date of
issuance. Thereafter, it shall be void.

 Receipt for the property seized - the officer seizing Property by virtue of the warrant shall
give a detailed Receipt for the same to the lawful occupant of the premises in whose presence

the search and seizure was made, or in The absence of such occupant, shall, in the presence of
at Least two (2) witnesses of sufficient age and discretion and Residing in the same locality;
leave a receipt in the place in Discretion Which he found the seized property in the absence of
the Lawful owner.

 Valid warrantless searches and seizures -

A. Search incidental to lawful arrest.
B. Search of moving vehicles.
C. Seizure of goods concealed to avoid duties.
D. Plain view search and seizure.
E. Consented search.
F. Stop and frisk
G. Administrative searches
H. Private searches
I. Border searches
J. Checkpoints

 Procedures
Admittance to the place of directed search:
 The officer, upon reaching the place of directed Search, must give notice of his purpose and
authority to conduct the search to the lawful occupant of the place. If the officer is refused
admittance, he may break Open any outer or inner door or window of a house or any Part of a
house or anything therein to execute the warrant or liberate himself or any person lawfully
aiding him when unlawfully detained therein. (rule 126, sec. 7)

 Conduct of search
 Upon admittance, the officer must conduct the Search in
the presence of the lawful occupant of the Premises or any
member of his family, or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the
same locality. (rule 126, sec. 8) failure to Comply with this
requirement invalidates the Search. (people v. Gesmundo)

 Seizure of property and issuance of receipt for the Property

seized

 Once the property described in the warrant has been found and seized, the officer must give a
detailed Receipt for such property to the lawful occupant of the Premises. In the absence of
such occupant, the officer must leave a receipt in the place in which he found the Seized
property in the presence of at least two witnesses of sufficient age and discretion residing in the
same Locality. (rule 126, sec. 11)
 Delivery of property and inventory to the court
 The officer must then make a return on the warrant and deliver forthwith the property seized to
the judge who issued the warrant, together with a true inventory thereof duly verified under
oath. The judge shall ascertain whether the Seizing officer complied with rule 126, sec. 11 (as
regards Issuance of the detailed receipt).

 The return on the search warrant shall be filed and Kept by the custodian of the log book on
search warrant s Who shall enter therein the date of the return, the result, And other actions of
the judge. (Rule 126, sec. 12)

 A violation of these requirements shall constitute Contempt of court. (rule 126, sec. 12) Search
incident to a lawful arrest: as a general rule, as an Incident of an arrest, the place of premises
where the Arrest was made can also be searched without a search Warrant. (nolasco v. Cruz-
pano)

 Permissible area of search:

(1) Person of the accused;
(2) Premises or surroundings within the accused's Immediate control

 Purpose:
(1) a weapon held by the arrested person may be Turned against his captor; and
(2) the accused may destroy the proof of the crime If the arrested officer has to first apply for a
search Warrant.

 You arrested a person without a warrant in the first floor of his house. Can you
search the second floor without a Search warrant?

 No. The Nolasco v. Pano | 139 SCRA 152] ruling was Reconsidered in Nolasco v,
Pano [147 SCRA 50. Which Held that a warrantless search made as an incident
to a Lawful arrest is to be strictly applied an absolutely applied and limited only
to a search of the person and of place where the arrest was made.

 Consensual / consented searches

The requisites for a valid waiver or consented search are
As follows:
(1) the constitutional right exists;
(2) the person involved had either constructive knowledge of such right; and actual or
(3) there was an actual intention to relinquish the Right.

 Plainview: requisites for a valid warrantless search under the plain view doctrine:

(1) prior valid intrusion based on the valid warrantless Arrest in which the police are legally
present in Pursuit of their official duties;
(2) the evidence was inadvertently discovered by the Police who have the right to be where they
are;
(3) the evidence must be immediately apparent;
(4) plain view justified the seizure of the evidence Without any further search;
(5) the thing itself is illegal or prohibited.

 The plain view doctrine is not applicable in cases wherein the subject items are not
illegal, e.g. Boy Scout uniforms that are suspected to be counterfeit items.

 Checkpoints and roadblocks: in the case of Valmonte

v. De villa (178 scra 211; 1989), it was held that a
Warrantless search at a checkpoint or roadblock is
valid for as long as the vehicle is subjected to a mere
visual Search, and the occupants are not subjected to a
body Search.

 Private searches: in the case of people v. Marti (193 SCRA 57; 1991), it was held that if a search is
made at the Behest or initiative of the proprietor of a private establishment for its own and private
purposes and without the intervention of Police authorities, the right against unreasonable searches
and seizures cannot be invoked.