Special Crime Investigation

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SPECIAL CRIME

INVESTIGATION

Presented by:
Mr. V-jay S. Eusebio, RC, CCS
“The Quantum of Evidence required for
conviction in Criminal case is
Proof beyond reasonable doubt”.
NOT GUILTY GUILTY

Prosecution

Investigators
Crime
Laboratory
Investigators
Crime
scene
WHAT IS CRIMINAL
INVESTIGATION?
the art which deals with the –
ILP
 identification
 location of the criminal offender and
eventually apprehension of a suspected
offender and
 the gathering and providing evidence to
prove his guilt in a criminal proceedings.
The term investigation comes from the Latin word
“vestigare” which means:

 to track or trace or probe


 to observe or study closely
 to inquire into something systematically
 to search for truthful information
WHO IS A CRIMINAL
INVESTIGATOR?

 a skilled person who is


charged with the duty of
conducting criminal
investigation when a crime is
committed.
DESIRABLE
QUALITIES
1. Perseverance
2. Endurance
3. Incorruptible honesty and integrity
4. The Intelligence and Wisdom of Solomon
5. The knowledge of psychology and other natural sciences
6. Acting Ability
7. Mastery of the Oral and Written Communication
8. The keen power of observation and description
9. Courage Sense of justice and Fair Play
10. knowledge of martial arts and firearms proficiency
11. knowledge of Criminal Law
WHAT IS CRIMINAL
INVESTIGATION ?
1.  Criminal investigation is a branch of criminal
jurisprudence that uses scientific theories and principles,
including time-tested philosophical analysis, to uncover, collect
and process facts then develop information that can lead the
mind of any sensible person to see the truth.

2. Criminal investigation involves a legal search for people


and things that can be used to reconstruct a crime and the
mental state of the offender.
3. Criminal investigation is as sophisticated as
the illicit activities of criminals.

4. Criminal investigation in reality is very


different from sensationalized detective stories.

5. Criminal investigation is still basically an art.


It is not absolutely considered as science since it
is not totally governed by rigid rules or fixed
procedures.
6. In contemporary point of view, the basic nature of
criminal investigation involves the systematic process
of:

A. Identifying facts/information
(investigative leads);
B. Gathering, sorting then processing facts and
information;
C. Preserving evidences;
D. Evaluation of evidences; and
E. presenting evidences.
WHAT IS THE ROLE OF A CRIMINAL
INVESTIGATOR?

• 3-fold aim
 
to identify the guilty party;
to apprehend the guilty party; and
to provide evidences of his
criminal guilt.
THE THREE TOOLS OR I’S OF
INVESTIGATION

1. INFORMATION
2. INTERVIEW AND INTERROGATION
3. INSTRUMENTATION
WHAT IS INFORMATION?
knowledge of facts gathered or acquired from persons or
documents

relevant concerning the commission of a crime or criminal


activities.
SOURCES OF INFORMATION

Regular sources – records, files from


government or non-government
agencies, news items.
Cultivated Sources – furnished by
informants or informers.
 Grapevines Sources – coming from
the underworld characters such us
prisoners or ex convicts.
TECHNIQUES OF GATHERING INFORMATION

• 1. By observing tact or diplomacy in performing


investigative tasks and duties.

• 2. Being friendly and diplomatic with other peace


officers or law enforcers.

• 3. By not totally relying on memory – making the


habit of jotting down notes of every circumstance or
incident encountered during the investigation
proceedings.
• 4. By keeping records or maintaining a file of
potential criminals, suspected criminals, actual
offenders, and informers/informants.

• 5. BY being meticulous – learning not to overlook or


disregard chance memoranda or haphazard notices.

• 6. By becoming acquainted with many kinds of people


from all walks of life.
• THE SIX CARDINAL POINTS OF
INVESTIGATION

• WHAT specific crime was committed?


• WHO did the crime?
• WHEN did it happen?
• WHERE was the crime committed?
• WHY was it committed?
• HOW was the crime committed?
WHAT IS INTERVIEW AND INTERROGATION?

INTERVIEW
 simple questioning of a person who cooperates
with the investigator.

INTERROGATION
 process of obtaining an admission or confession
from those suspects.

• Field inquiry may be included


WHAT IS
INSTRUMENTATION?
process of applying instruments or tools criminal
investigation
use of the police laboratory in the examination of
physical evidence, such as Forensic Ballistics and
other sciences.
sometimes called CRIMINALISTICS
RESPONDING TO THE CRIME SCENE

1. THE MEANS OF THE REPORT – either personal


appearance, or by any other means.
2. THE TIME OF REPORT – exact time of the report to
include minutes shall be recorded.
3. THE RECIEVER OF THE REPORT – identity of the
one who received the report must also be recorded.
4. THE TIME OF DISPATCH – time and means of
transportation must also be recorded.
DIFFERENT METHODS/TECHNIQUES
OF SEARCH
It is important to have the search process conducted in
an organized and systematic manner.

1. Strip or Line Search


2. Grid or Double Strip Search
3. Spiral Search
4. Quadrant/Zone/Sector Search
5. Wheel/Pie Search
STRIP OR LINE SEARCH
In this method, there are three(3) searchers A, B and C. They
proceed slowly at the same phase along the path parallel to
one side of the rectangle (area).

A
B
C
STRIP OR LINE SEARCH
Typically used in outdoor scenes
Uses a series of lanes across the crime
scene.
Can be used by one person or a group of
searchers.
Grid or Double Strip Search
More detailed modification of strip search method.

The rectangle is traverse first parallel to the base then


parallel to the side.
Quadrant/Zone/Sector Search

In this method, at least four(4)


searchers are assigned to a
quadrant, (each quadrant can be
further cut into another set of
quadrants)
Quadrant/Zone/Sector Search
1st Zone/grid search

2nd Zone

4th Zone 3rd Zone


Quadrant/Zone/Sector Search
Quadrant/Zone/Sector Search
Spiral Search
This can be done as follows:

Visually search the top third of the


room, as well as the ceiling.
Search the middle third of the room
including drawers and cabinets.
Search the lower third, using the
spiral technique.
Visually search the top third of the
Spiral Search room, as well as the ceiling.
Search the middle third of the room
including drawers and cabinets.

EXIT
Based on the establishment of a circle

Wheel/Pie Search surrounding the crime scene.

The circle is then divided into six


quadrants in a pie-like fashion.
Vehicle Search
Split Vehicle into Zones
 Driver’s seat, Front passenger seat, Right rear passenger seat, Left rear
passenger seat, Trunk
CONDUCT OF DETAILED SEARCH
Four basic premises:
1. The best search options are typically the most
difficult and time-consuming
2. You cannot over-document the physical evidence
3. There is only one chance to perform the job
properly. Consider second search via rotation of
personnel
4. There are two basic search approaches, in this
order:
1. “Cautious” search of visible areas, taking steps to avoid evidence
loss or contamination
2. After the “cautious” search, a vigorous search for
hidden/concealed areas
WHAT HAPPENS AFTER SEARCH?
1.Mark/
Label

4. 2.
Collect Photograph

3.
Sketch
SOCO 290-04, Makati City
SOCO 290-04, Makati City
SOCO 290-04, Makati City
SOCO 290-04, Makati City
PHOTOGRAPHING THE CRIME SCENE

1. GENERAL VIEW – photographed in different


angles, showing the specific location of every
physical evidence discovered during the search.
2. CLOSE- UP VIEW – photographed in a close-
up view different angles. Must be enlarged in
court presentation.
3. COLOR PHOTOGRAPHY – It is advisable to
use color photograph to enhance their effects on
the sense of the Court.
Long Range
GUIDES IN PHOTOGRAPHING CRIME SCENE

1. Series of photographs of the crime scene


2. The depicted object in the photograph should not be
immaterial or irrelevant.

THE KINDS OF PHOTOGRAPHS TO BE TAKEN AT THE


SCENE
3. The deceased showing its relationship with the surroundings,
especially the physical evidence.
4. Evidence showing forcible entry, destroyed padlocks, broken
doors and windows and other relevant signs of disturbances.
SOCO 290-04, Makati City
SOCO 290-04, Makati City
SOCO 290-04, Makati City
SOCO 290-04, Makati City
SOCO 290-04, Makati City
SOCO 290-04, Makati City
SOCO 290-04, Makati City
SOCO 290-04, Makati City
SOCO 290-04, Makati City
SOCO 290-04, Makati City
WHAT IS SKETCH?
the graphic representation of
the scene of the crime with
complete measurements of
the relative distances of
relevant object and
conditions
CRIME SCENE SKETCHES

• useful in questioning the suspects and witnesses as


well as in writing the investigative reports.
• offer accurate information about the placement of
objects and they show relationship and distances
between things.
THE GENERAL KINDS OF SKETCH

1. Rough Sketch. – It is made by the investigator at


the crime scene which is full of important details.
But without the scale of proportion. This is used
as the basis for the finished sketch.
2. Finished Sketch. – This is a sketch with a scale of
proportion and drawn by a draftsman. The rough
sketch and the finished sketch are for courtroom
presentation.
TYPES OF SKETCHES
1. FLOOR PLAN
FLOOR
PLAN
GROUND
SKETCH
The Overview, Ground or Birds Eye View

To
Makati

B A

Santolan
Ave

To San
MV V

Juan
1

C 2
3
EDS
A

SOCO NR: LEGEND/S:


Nature of Case V- victim
Victim: MV – Motor Vehicle
Suspect: A – KM Post
TDPO: B & C – Electric Poles
Requesting Party: 1 – Fired Cartridge Case
To Investigator: 2 – Fired Cartridge Case
Monumento T/D Completed: 3 – Fired Bullet
Sketched by:
TRIANGULATION METHOD
RECTANGULAR METHOD
NOTES TAKING AND REPORTS
investigative notes are permanent written record of the facts of
a case to be used in further investigation, in writing reports and
in prosecuting the case. Record all information that helps to
answer the questions: Who? What? Where? When? How? And
Why?

Write notes – briefly but complete, legibly, accurately,


specifically, factual, clear and abbreviated notes that are
understandable to others.

Original notes are legally advisable in court, and officers may


use them to refresh their memories. Officers should take to
court only those notes that pertain to the particular case.
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.
COLLECTION OF PHYSICAL
EVIDENCE

During the collection of physical evidence


at the crime scene, the evidence collector
shall immediately indicate his identifying
mark, location where the item was located,
date and time of collection on the evidence
collected.
PHYSICAL EVIDENCE
1. Blood, semen and saliva (liquid or dried, animal or human).
2. Documents (written and typed) – paper, ink, indented writings,
obliterations and burned or charred documents.
3. Drugs
4. Explosives (any object that contain an explosive residue
5. Hairs and Fibers
6. Fingerprints (latent and visible)
7. Firearms and Ammunition
8. Glass – glass particles or fragments that may have been transferred
to person or object involved to a crime.
9. Impressions (shoe prints, depressions in soils and other tracks, glove
and fabric impression, and bitemark
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
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.
Markings on Evidence during the collection

Markings on the specimen must at least contain the


following:

A. Exhibits number or SOCO Case # (for SOCO personnel)

B. Initials and or signature of the collecting officer.

C. Time and date of collection.

***It is also important to note the place or location where the


evidence was collected.
Questioned blood
stain

a. Exhibits

b. Initials and or signature of c. Time and date of collection.


the collecting officer.
Always place your
Markings away from
the stain
. Note: ENCIRCLING THE STAIN
WITH A MARKER OR INK
MUST BE DONE ONLY
WHEN:

a. To indicate a particular stain to be


examined.

b. There is a suspicion for a


possibility that the stain will
further fade through time.

c. The stain is not prominent or


hardly visible to the naked eye.
*** Also note the ideal distance of the markings from the stain.
In rape cases, bed
sheets, blankets, pillows,
couch covers, etc.. Are
just some sample of
materials where seminal
stains are commonly
found.
This type of stains are
unstable and fade
through time.
ENCIRCLING THE
STAIN IS
RECOMMENDED.
The same pillow
case that was tested
positive for the
presence of seminal
stain.
Markings such as
description,
initials of
collecting officer,
date of collection
and as well as
encircling of the
stain were
observed.
Labeling through Tagging

Tagging could be applied to movable objects such as this


knife where placing markings on any of its surfaces is not
possible.
Location of recovery

The tag must contain the markings and other


information about the specimen.
It is advisable to place same
markings such as exhibit and
initials on a secured portion of the
specimen for the following
reasons:

a. The possibility for the tag to be


dislodged or removed due to loose
tagging or incautious transport of the
specimen;

b. To further intensify identification


of the specimen if ever the need
arises (e.g. court of law/proceedings)

THE KNIFE’S HANDLE(end portion)


SEAL
To maintain integrity of the specimen; to
further prove that no tampering took placed.
Integrity seal

Initial/Signature of
the Collecting
Officer/who did
the packaging
Turned-over by:
Received by:
Improvised manner of
Packaging
Integrity seal
(Scotch tape)

Initial/Signature of
the Collecting
Officer/who did the
packaging
Exhibit/Case Nr.

Date of Collection

Description of
specimen
enclosed
Other
information
Integrity Seal (Masking tape)

Markings (other information)


Front Side
Integrity Seal (Scotch tape)

Initial/Signature of
the Collecting
Officer/who did the
packaging

Back Side
Markings by the
use of tag and
inscription.
RELEASE OF THE CRIME SCENE

The release of the crime scene is done if the


investigator is satisfied that all pieces of evidence
have been recovered.
Thus, the investigator must evaluate the items
recovered from the results of interrogation of the
suspect/s and the interview of the witnesses.
INVESTIGATION OF
SPECIAL CRIMES RELATED
TO PERSONS
PART2 - INVESTIGATION OF SPECIAL CRIMES RELATED TO PERSONS

 identify special crimes related to persons requiring special


investigation;
 explain the procedures and methods of identifying deceased
persons;
 explain the forensic objective of conducting autopsy;
 discuss the basic guidelines and procedures in investigating sex
crimes, child abuse and other domestic violence;
 determine the common modus operandi of Kidnap for Ransom
gangs;
 recognize the importance of the various techniques of
criminalistics in identifying the people involved in a criminal
case;
CASES SUBJECT OF SPECIAL CRIME INVESTIGATION

1. Homicide (Generic term which includes murder, parricide, infanticide


or death where the suicide is suspicious.)
2. Sex Crimes
3. Robbery (Theft and Carnapping)
4. Arson
5. Swindling or estafa cases
6. Bank Frauds
7. Kidnapping
8. Bombing
9. Falsification of Documents
10. Narcotics Death Investigation
11. 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.
• 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 because it
provides the investigators with valuable evidence.
HOW IS THE CAUSE OF
DEATH DETERMINE?
• AUTOPSY
• Autopsy 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 VS. 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.
AUTOPSY PROCESSING

• a. Arrange through the medical examiner the transportation of the victim


to morgue.
• b. Medical Examiner investigator or police officer should be present
during the autopsy
• c. If possible before autopsy take finger and palm prints of deceased. If
not then once the autopsy is completed get the prints.
• d. Pick up any evidence that was obtained during the autopsy (blood
samples, hair samples, fingernail scrapings, bullets)
• NOTE: Place each item in a separate container. Paper bags are best. Each
container should be marked, dated and initialed.
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
INVESTIGATIVE
CHECKLIST

1. Obtain summary of situation from officer at scene.


2. Check scene security and take steps necessary to correct and errors or
omissions, if any.
3. Review all actions of officers on the scene
4. Initiate Investigation from the beginning
5. Determine identity of deceased
a. Identification on person of deceased
b. Relatives
c. Witnesses
d. Fingerprints
INVESTIGATIVE
CHECKLIST
6.  Attempt to reconstruct events at crime scene by use of the
following:
a. Position of body
b. Number, location of wounds
c. Trajectory of bullets
d. Bloodstains, substances
e. Other signs of violence
f. Other physical evidence at scene
OTHER CHECK LIST
Establish movements of deceased prior to death to determine:
a. Time last seen alive
b. Who with
c. What doing
d. Location
INVESTIGATIVE
CHECKLIST
Examine deceased’s background, including the following:
a. relatives
b. Friends
c. Employment
d. Possible criminal record or activities
e. Finances
f. Possible romantic involvements
g. Possible use of narcotics
h. Gang involvement
INVESTIGATIVE
CHECKLIST
Motive
A. Consider deceased’s background
B. View scene information for evidence indicating motives such
as:
a. Sex
b. Theft of money or property
c. Narcotics
d. Mental Derangement
Establish the case book to include the following:

1. Index of contents
2. Initial reports
3. Follow up reports
4. Evidence reports
5. Medical reports
6. Witness statements
7. Defendants statements
8. Background on defendant
9. Background on deceased
10.Evidence Log Book
11.Books of photographs
COMMON FORMS OF EXTERNAL
VIOLENCE

1. 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. -
2. ABRASION—injury characterized by removal of the specific epithelial layer of the skin
brought about by friction against a hard rough surface.
3. HEMATOMA—Extravasations of blood in the newly formed cavity known as blood tumor
caused by blunt instrument.
4. INCISED WOUND—produced by sharp-edged instrument like bob, knife, broken glass, etc.
5. STAB WOUND-—forcible application of a sharp- pointed with sharp edges.
6. PUNCTURED WOUND—produced by sharp pointed instrument.
7. LACERATED WOUND—tearing of the skin due to forcible contact with a blunt instrument,
which the edges are irregular.
8. 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

1. HOMICIDE - The killing of a human being by another human being


2. SORORICIDE - The killing of one’s sister
3. FRATRICIDE -_The killing of one’s brother
4. MATRICIDE - The killing of a mother by her own child
5. PATRICIDE - The killing of a father by his own child.
6. PARRICIDE - The killing of a person to whom he is related such as parent, grandparent, legal
wife, or child or grandchild.
7. INFANTICIDE - The killing of a child less than three days old
8. SUICIDE - Taking one own life intentionally and voluntarily
9. UXORICIDE - Act of one who murders his wife
10. REGICIDE - The murder or killing of a king
11. VATICIDE - The murder of a prophet
12. ABORTICIDE - The killing of the fetus inside the womb which is also called ABORTION
13. 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.
SEX CRIMES
• 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.
SEX CRIME INVESTIGATION
• Examination of the Victim
• Sex crimes usually involve a living victim who has been
raped, assaulted or exploited in some way.
• Arrange for medical care immediately.
SEX CRIME INVESTIGATION
• Collection of Evidence on the Victim
• (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.
SEX CRIME
INVESTIGATION
• 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.
SEX CRIME
INVESTIGATION
• 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.
• 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.
SEX CRIME
INVESTIGATION
• 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.
• 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.
WHAT IS 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.
WHAT IS STATUTORY RAPE?
• the victim of rape is twelve years of age and below, it is
statutory rape.
• 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
1. The scene of death investigation
2. The medical examination
3. The toxicological investigation
DEATH DUE TO NARCOTICS

• prohibited drugs is the cause of 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.
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
WHAT IS 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 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.
WHO ARE GUILTY OF
ROBBERY?
• Art. 293 RPC — 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. 
WHAT IS MEAN BY 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)
WHAT IS THEFT?
• Art. 308.- any person who, with intent to gain but without
violence against or intimidation of persons nor force upon
things, shall take personal property of another without the
latter's consent.

• 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 AS A SPECIAL CRIME

• WHAT IS CARNAPPING?
• 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 person or using force upon things.
• THE ANTI CARNAPPING LAW—RA 6539
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.
SOME REASONS OF
CARNAPPERS
1. joyriding;
2. transportation need;
3. commission of other crime; and
4. profit
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.
MACROETCHING VS.
MICROETCHING
• 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.
PENALTY FOR
CARNAPPING.
• Any person who is found guilty of carnapping,irrespective of the value of
motor vehicle taken, be punished by imprisonment for not less than
fourteen years and eight months and not more than seventeen years and
four months,
• when the carnapping is committed without violence or intimidation of
persons, or force upon things; and by imprisonment for not less than
seventeen years and four months and not more than thirty years,
• when the carnapping is committed by means of violence against or
intimidation of any person, or force upon things; and the penalty of life
imprisonment to death shall be imposed when the owner, driver or
occupant of the carnapped motor vehicle is killed in the commission of
the carnapping.
ARSON INVESTIGATION

• WHAT IS ARSON?
• Intentional burning of property belonging to another.
• PD1613 (March 7, 1979) AMENDED THE LAW ON
ARSON
ELEMENTS OF ARSON

 Actual burning took place.


 Done with malicious intent.
 The burning is done by a person who is criminally and civilly
liable.
• Destructive Arson. The penalty of Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the property burned is any of the
following:
• 1. Any ammunition factory and other establishment where explosives,
inflammable or combustible materials are stored.
• 2. Any archive, museum, whether public or private, or any edifice devoted to
culture, education or social services.
• 3. Any church or place of worship or other building where people usually
assemble.
• 4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for
transportation of persons or property
• 4. Any building where evidence is kept for use in any legislative, judicial,
administrative or other official proceedings.
• 5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping
center, public or private market, theater or movie house or any similar place or
building.
• 6. Any building, whether used as a dwelling or not, situated in a populated or
congested area.
• Where Death Results from Arson. If by reason of or on the
occasion of the arson death results, the penalty of Reclusion
Perpetua to death shall be imposed
PRIMA FACIE EVIDENCE OF
ARSON.
1. If the fire started simultaneously in more than one part of the building or establishment.
2. If substantial amount of flammable substances or materials are stored within the building note
necessary in the business of the offender nor for household us.
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, 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 for the safety of the person or property of the victim.
PART 3 -THE NEED TO KNOW THE
LAW

• The police is mandated to enforce the law. 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 to Know the distinction
between Criminal Law and Civil Law.
• 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.
CONSTITUTIONAL
RIGHTS
• 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.cralaw
• (4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to the rehabilitation of victims of torture or
similar practices, and their families.
• REPUBLIC ACT NO. 7438
April 27, 1992  
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 VIOLATIONS THEREOF.  
• Sec. 2. Rights of Persons Arrested, Detained or under Custodial
Investigation; Duties of Public Officers. - (a) Any person arrested
detained or under custodial investigation shall at all times be assisted
by counsel.
 
(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.
• 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.
• 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.
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.
• 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 require 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.
WHEN IS THE 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.

WHEN IS THE TIME 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.
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.
• WHAT IS EN FLAGRANTE DELICTO?
• It is commonly called that the person is caught in the act of
committing, attempting to commit or has committed an offense in
the presence of the person making the arrest.

• WHAT IS 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
prescribed period will ripen to Arbitrary Detention.

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