Fundamentals of Criminal Investigation and Intelligence Operation

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Fundamentals of

Criminal Investigation
and Intelligence
Operation
Presented by: Shairah Q. Dublin
Learning
At the end of the lesson, the
students should be able to:

Objectives 1. Define what is an investigation.


2. Know the concepts and
principles of criminal
investigation.
3. Know the tools of an
investigator in gathering facts
and the art of obtaining it.
Investigation

● “Investigare” or “Investigatus” which means to trace or track.

● “Vestigium” means footprint.

● Started in England in 1720’s during the time of JONATHAN WILD- A buckle

maker then a brothel operator; a master criminal became London's most

effective criminal Investigator. He was the most famous Thief-Catcher in

1720’s.
Investigation
● Investigation is an act or process of careful inquiry of research.

● Examination, a study, a survey, a research of facts and/or circumstances,

situations, incidents, and scenarios, either related or not, for the purpose of

rendering a conclusion.

● Encompasses as a patient, systematic and thorough examination of

something or someone.
Criminal Investigation

● Art or science of identity and location of the offender, and gathering or

providing evidence of his guilt in criminal proceedings.

● It is more an art than science for it is not governed by rigid rules.

● Involves the systematic process of identifying, collecting, preserving, and

evaluating information for purposes of bringing a criminal offender to justice.


Criminal Investigator

● A public safety officer tasked to conduct the investigation of all criminal

cases.

● A well trained, disciplined, and experienced professional in the field of

criminal investigation duties and responsibilities.


Three-Fold Aims

I dentify
ocate
L rovide
P
Investigator Training

● The National Forensic Science Training Institute (NFSTI) is an institution that

trains uniformed personnel of the PNP to become a certified investigator.

● All investigators in any police unit must be a graduate of prescribed

investigation course (CRIDEC) with a rank of at least Police Corporal (PCpl.)


Qualities of a Good Investigator

● Perseverance

● Intelligence

● Honest, Incorruptible & with personal Integrity

● Understanding of the people and Environment

● Keen power of Observation


Primary Job of an Investigator

To discover whether or not an offense has been committed under the law. After

determining the specific offense, he must discover how it was committed, by

whom, where it was committed, when and why it was committed.


Cardinal Points of Investigation

● What - specific offense has been committed?

● Where - was the crime committed?

● When - was the crime committed?

● Who - committed the crime?

● Why - was the crime committed?

● How - was the crime committed?


Tools of Investigation

● Information - is the knowledge or data gathered by the investigator from

records and persons.

● Interview/Interrogation - the art of questioning to gather vital information.

● Instrumentation - scientific examination of real evidence, and the application

of instruments and methods of physical sciences in detecting crime.


Sources of Information

● Regular Sources - acquired from open sources, records, and files

● Cultivated Sources - furnished by informants/informer

● Grapevine Sources - coming from underworld characters such as prisoners or

criminals
Informer Distinguished from Informant

Informer is one who furnished information to the investigator mainly for purposes
of reward while informant provides information to the prober voluntarily without
any consideration.
Types of Informants
● Anonymous Informant - one who provides information to law enforcement
while refusing to identify him or herself.
● Rival-Elimination Informant - gives information to eliminate the irval person
or gang due to competition or other motives such as revenge.
● False Informant - reveals information of no value; appears to be on the side of
the law and throwing out the suspicion from himself or from his gang or
associates.
● Frightened Informant - he maybe one of the lesser gang members who runs
to the police when his gang mates are about to be involved in dangerous
situation or when the gang he belongs to is hot on the police trail. They are
considered as the weakest link in the composition of the criminal chain.
Types of Informants
● Self-Aggrandizing Informant - this kind of informant moves around the center
of criminals, group or syndicate and delight in surprising the police about bits
of information.
● Mercenary Informant - sells information. He/she could be one of the
members of the syndicate.
● Double-Crosser Informant - confess information as an excuse to talk to the
police in order to get more information from them more than he gives.
● Women Informant - she could be an associate of the syndicate. She uses her
body, charm, & beauty to obtain more information.
Types of Informants
● Incidental Informant - individuals who furnish information with no intention of
repeating his services of furnishing information on continuing basis.
● Casual Informant - individuals who by social or professional position,
possesses or has access to information to the investigation unit, either in
response to a specific request or on his own initiative.
● Automatic Informants - those by virtue of their official positions are expected
or obligated to furnish information openly to the investigation unit in normal
course of their duty.
● Recruited Informants - individuals that are selected, trained, and utilized as
continues and covert sources of information concerning specific
counterintelligence targents.
Motives of Informants
● Vanity - a source of self-satisfaction
● Civic-mindedness - concern to the general welfare
● Fear - self protection
● Repentance - an act or penance for sins committed
● Avoidance of Punishment - turning as state witness or to be excused from
the crime
● Competition - rival with other informants
● Revenge - to give justice to oneself o to relatives
● Jealousy - out of inferiority or insecurity
● Remuneration - to be paid of compensated
The Art of Obtaining Information

Interview Interrogation
Simple Questioning Skillful, rigid or forceful questioning

For victims/cooperative witness For suspects/hostile witness

Interview - is a simple inquiry or conversation-type elicitation of information from


a willing victims or witnesses relevant to the crime.

Interrogation - is the skillful questioning of a hostile person suspected of having


committed the offense or a person who is reluctant to make a full disclosure of
information.
The IRONIC Format of Interview

● Identity - the investigator should identify himself to the subject by name, rank,
and agency. Except when there is no need to know the officer’s identity.

● Rapport - get the positive feeling of the subject towards the investigators.

● Opening Statement - the investigator must indicate why the subject is being
contracted.
The IRONIC Format of Interview

● Narration - The witness should be allowed to tell all he knows with little
interruptions from the investigator.

● Inquiry - after all information have been given by the subject, that is the time
for the investigator to ask questions to clarify him about the case under
investigation.

● Conclusion - after the interview, it is but proper to close the interview with
utmost courtesy and thanking the subject for his cooperation.
The Golden Rule of Interview

Never conduct or let anyone conduct an interview if the interviewer hasn’t been
to the crime scene. The questioning will lead wayward for the interviewer who had
not seen personally the crime scene and he will not be in a position to distinguish
half-truths, exaggerations for falsehood from the answer of the person being
interviewed.
Rules to follow in Interview

● One question at a time


● Avoid implied answer
● Simplicity of the questions
● Saving faces
● Avoid close ended questions (yes or no)
● Positive attitude
Purposes/Objectives of Interrogation

● Obtain valuable facts


● Eliminate the innocent
● Identify the guilty party
● Obtain confession
Modern Techniques of Interrogation

● Emotional Appeal - place the subject in the proper frame of mind. The
investigator should provide emotional stimuli that will prompt the subject to
unburden himself by confiding. Analyze the subject’s personality and decide
what motivation would prompt him to tell the truth, and then provide those
motives through appropriate emotional appeals.
● Sympathetic Appeal - the suspect may feel the need for sympathy or
friendship when he is apparently in trouble. Gestures of friendship may win
his cooperation.
● Kindness - the simplest technique is to assume that the suspect will confess
if he is treated in a kind and friendly manner.
Modern Techniques of Interrogation

● Shifting the Blame - the interrogator makes clear his belief that the subject is
obviously not the sort of person who usually gets mixed up in a crime like
this. The interrogator could tell from the start that he was not dealing with a
fellow who is a criminal by nature and choice.
● Bluff on a Split Pair - this is applicable when there are more than one
suspects. The suspects are separated and one is informed that other has
talked.
● Mutt and Jeff - two (2) agents are employed. Mutt, the relentless investigator,
who is not going to waste any time because he knows the subject is guilty,
while Jeff, on the other hand, is obviously a kind-hearted man.
Modern Techniques of Interrogation

● Pretense of Physical Evidence - the investigator may pretend that certain


physical evidence has found by laboratory experts against him.
● Jolting - may be applied to calm and nervous subjects. By constantly
observing the suspects, the investigator chooses a propitious moment to
shout a pertinent question and appear as though he is beside himself with
rage. The subject may be unnerved to the extent of confessing.
● Extenuation - the investigator indicates he does not consider his subject’s
indiscretion a grave offense.
Golden Rule of Interrogation

Make him admit something, no matter how small or trivial

Usually, the first admission will lead to another. Securing the first admission is the
biggest stumbling block in dealing with tough suspects.
Attitude of Interrogator

● Dominate the interrogation


● Avoid distracting mannerism
● Language
● Dress Code
● Preliminary conduct
● Presence of other persons
● Place (interrogation room)
Legal Requirements of Interrogation

The statement of the subject must be obtained voluntarily and trustworthy and
not by means or use of threat, fear, coercion, duress or any improper tactics
which will vitiate the free will of the subject

1987 Philippine Constitution Sec. 12 Art. III


○ Any person under investigation for the commission of an offense shall
have the right to be informed of his Miranda Rights.
○ No torture, force, violence, threat, intimidation, or any other means which
will vitiate the free will should be used against him. Secret detention is
also prohibited.
○ Any confession or admission obtained in violation of this rule shall be
inadmissible in evidence against him.
Miranda Rights
Any person under investigation should be informed of their Miranda Rights.
○ You have the right to remain silent.
○ Anything you say can and will be used for or against you in a court of law.
○ You have the right to have a competent counsel of your choice.
○ If you cannot afford the services of a counsel, the Government will provide
one for you.
Custodial Investigation

Any questioning initiated by law enforcement officers after the person has
been taken into custody or otherwise deprived of his freedom of action in any
significant way.

The questioning of the suspect or person believed to have been committed a


crime after he was taken into custody.
Confession and Admission

Confession - it is the direct acknowledgement of guilt arising from the


commission of a crime. A statement of the suspect directly acknowledging his
guilt. (Statement of Guilt)

Admission - A self-incriminatory statement by the subject falling short of an


acknowledging guilt. It may be a direct acknowledgement of the truth of the guilty
fact as charge or of some essential part of the commission of the criminal act
itself. (Statement of Facts)
Effects and Types of Confession
Effects of Confession:
● May be given in evidence against him in the investigation or trial of the
offense with which he is charged.
● May be given to prove the guilt of his companions but it will pass a lot of
organization and debate.

Types of Confession:
● Judicial Confession - made by the suspect/accused in open court.
● Extra-Judicial Confession - made by the suspect during custodial
investigation or outside of the court proceeding. This should follow certain
criteria for admissibility and to be sufficient for conviction it must be
corroborated by “corpus delicti”.
Effects and Types of Confession

Note: an extra-judicial confession & admission must be (in order to be admissible):


● It was voluntarily given
● It was given during the assistance of a counsel
● In writing, in a language known to the confessant
● Signed by the confessant or thumb marked
Surveillance
A clandestine observation of persons, places or vehicles for purposes of
obtaining information.

Three General Kinds of Surveillance Subject

Tailing or Shadowing Person

Casing or Reconnaissance Building or Establishment

Undercover Operation or Roping Activities


Surveillance
Tailing or Shadowing - is the act of following a person, it depends on the number of
surveillant available, volume of pedestrian traffic and importance of concealing the
surveillance.

Things to be avoided during shadowing:


● Don’t meet the eye of the subject
● Don’t adopt a slinking, sleuthing, creeping manner
● Don’t wear story book disguises
● Don’t carry noticeable items
● Don’t greet fellow agents
● Don’t make notations ostensibly
How to Detect Foot Surveillance
A subject who is suspicious of being under surveillance may resort to trickery
in order to verify his suspicion. When a subject resort to such trickery, it is good
policy to change agents, for the suspect may have spotted or one or more of his
surveillants.
● Stopping abruptly and looking back
● Casually looking around
● Reversing course/retracing steps
● Boarding bus and getting off just before it starts to go
● Riding short distance on bus
● Circling the block on taxi
How to Detect Foot Surveillance
● Entering a building and leaving immediately via another exit
● Stopping abruptly after turning a corner
● Using convoys
● Watching reflection in shop windows
● Walking slowly and rapidly at alternate intervals
● Dropping a piece of paper to see if anyone retrieves it
● Stopping to tie a shoe string, meanwhile looking around for surveillants
● Arranging with a friend in a shop, stores or other places to watch for
surveillants
How to Elude Foot Surveillance
Common methods to elude foot surveillance and which surveillants must be
prepared and guard against are the following:
● Jumping off a bus or train just as the doors are about to close
● Leaving a building through the rear or side exits
● Losing one self in crowds
● Entering theaters and leaving immediately through an exit
● Pointing out one surveillant to a police to require the agent to explain his
actions
● Using decoys
● Taking the last taxi at a stand
● Changing clothes
Methods of Shadowing
● One-Man Shadow - extremely difficult and should be avoided, if unavoidable,
keep subject in view at all times.
● Two-Man Shadow - two agents are employed to follow the subject.
● Three-Man Surveillance or ABC Method - the use of three officers reduces the
risk of losing the subject and affords greater security against detection or risk.
● Leapfrog or Progressive Method - this is used in attempting to locate the
hideout of a subject from a vantage point without moving after the subject.
The following day of the shadower/agent takes up a watch from the point at
which the subject was last seen.
● Combine Foot-Auto Surveillance - employment of surveillants on foot and
agents in an automobile.
Phases of Investigation
The main objectives of a police investigator is to gather all facts in order to:
● Phase I: Identify the suspect/s through
○ Confession
○ Eyewitness testimony
○ Circumstantial evidence
○ Associate evidence
● Phase II: Locate and apprehend the suspect/s
● Phase III: Gather and provide evidence to establish the guilt of the accused. In
proving the guilt of the accused in court, the fact of the existence of the crime
must be established; the accused must be identified and associated with the
crime scene; competent and credible witnesses must be available; and the
physical evidence must be appropriately identified. The investigator must
know by heart the elements of a specific crime.
Kinds of Criminals Identified by Witnesses

● Known Criminals (fugitive) - these are criminals whose pictures are available
from police files and records.

● Unknown Criminals - these are criminals whose identification are furnished by


eyewitnesses only.
Procedures of Identification by Eyewitness

● Physical/Police Line-up - means of selecting a suspect mixed with a group of


innocent persons usually composed of 7-10 individuals. The purpose of line-up
is to eliminate the power of suggestion.

● Physical Show-up - only one person is shown to the witness usually at the
scene of the crime and made immediately after the arrest of the suspect.
Methods of Identification by Witness (PRAG)

● Portrait Parle (Verbal Description) - french word of “speaking likeness”


depends on the ability of the witness to observe, describe, and compare.
● Rogues Gallery - the use of photographic files, successful if there is an
existing photograph of the suspect on police files.
● Artist/Cartographic Sketch - the witness and prober develop a picture of the
criminal with the help of skilled cartographer. (Composite Criminal Illustration)
● General Photograph - variety of facial types showing different features of the
face is presented to the witness by the investigator.
General Principles of Crime Scene Investigation

Crime Scene - a venue or place where the alleged crime/incident/event has been
committed and the most valuable physical evidence can be found.

● Primary Scene - where original or first criminal act occurred; where the dead
body was found.
● Secondary Scene - any places associated with but other than primary crime
scene.
General Principles of Crime Scene Investigation

What Constitutes a Crime Scene?


● All areas in which the criminal, any possible victim, and any eyewitness move
during the time the crime was committed.
● The boundaries must be established so that the entire crime scene can be
effectively preserved.
● However, in some crimes, the crime scene may actually comprise several
different sites.
General Principles of Crime Scene Investigation

Locard’s Exchange Principle:


● When two objects come into contact, there is always a transfer of material
from one to the another.
● It states that whenever someone enters or exits an environment, something
physical is added to and removed from the scene.
Physical Evidence
Physical Evidence are articles and materials which are found in connection
with the investigation and which aid in establishing the identity of the perpetrator or
the circumstances under which the crime was committed.

It may be material left or taken from the scene of the crime by the suspect or
victim, or it might be an impression left on some material.
Physical Evidence to Identify Criminals

● Corpus Delicti - is the body of the crime or fact of specific loss or injury
sustained. It constitutes the essential parts or elements in the commission of
the crime.
● Associative Evidence - these are the pieces of evidence that will link the
suspect to the crime scene. The suspect may leave some clues at the scene
such as weapons, tools, garments, etc.
● Tracing Evidence - articles which assist the investigator in locating the
criminal. (ex: items containing the identity of the suspect)
Crime Scene Investigation
Is a comprehensive inquiry of a crime by conducting systematic procedure of
various investigative methodologies which involves recovery of physical and
testimonial evidence for the purpose of identifying the witnesses, and arrest of
perpetrator(s) for prosecution.
When does Crime Scene Investigation Commence?
CSI shall technically commence upon the arrival of the first responders and
conclude with the lifting of the security cordon and release of the crime scene by
the OIC.
Scene of the Crime Operation
SOCO is a unit within the PNP which is responsible in processing significant
crime scene which are sensational in nature.
CSI vs SOCO
CSI SOCO
● Includes identification and interview ● Only limited to processing of the
of witnesses crime scene (soco assistance) and
● Arrest of the suspect Laboratory examination (field
● Scientific processing of crime scene laboratory works)

Crime Scene - is any place where physical Scene of the Crime - is the very place
evidence can be found. It may be extended where the crime is committed.
miles or kilometers away from the scene of
the crime.
Desk Officer
The Desk Officer shall record the date and time when the report/complaint
was made, the identity of the person who made the report, place of the incident
and a synopsis of the incident. Inform his superior officer or the duty officer
regarding the report.
● Team Leader
● Evidence Collectors
● City or Municipal Health Officer
● Crime Photographer
● Sketcher/Measurer
● Evidence Custodian/Security Officer
First Responders
First Responders are the very first person to arrive and respond at the crime
scene. First Responders must be able to properly preserve the crime scene in order
to get maximum scientific information that will help in the successful prosecution
of the perpetrator of the crime.

The (4) four priorities of the FRs upon arrival at the scene:
● To give first aid; or try to save life, if possible
● To apprehend the suspected offender
● To protect and if necessary collect and preserve evidence
● To cordon off and protect the area; investigate
First Responders
First Responders shall:
● Cordon off the scene with whatever available materials like ropes, straws,
human barricade, police line.
● Evacuate injured persons to the nearest hospital.
● Prepare to take “dying declaration” of severely injured person with the
following requisite:
○ That death is imminent and the declarant is conscious of the fact.
○ That the declaration refers to the cause and surrounding circumstances
of such death.
○ That the declaration relates to facts which the victim is competent to
testify to.
First Responders
First Responders shall:
○ That the declaration is offered in a case wherein the declarant’s death is
the subject of inquiry. (Section 37, Rule 130 of Rules of Court)
● Prevent entry or exit of persons within the cordoned area.
● Prepare to brief the Crime Scene Investigation Team Leader of the situation
upon their arrival.
Golden Rule at Crime Scene Investigation

Never touch, move, or alter any object at the


crime scene unless it has been photographed,
measured, and sketched from any conceivable
angle.
Crime Scene Documentation
● Note Taking

● Photographing

● Sketching
Crime Scene Photography
It is conducted to create an accurate, objective, visual and permanent record
of the crime scene before any item is moved or removed as possible physical
evidence. It is recommended to take as many photographs as you can be giving
emphasis to possible physical evidence.
Crime Scene Photography
Guidelines for taking photographs of a Crime Scene:

● Photograph should be taken as soon as possible, before note taking,


sketching, or a search for evidence begins.
● It must show the original, uncontaminated condition of the crime scene.
● Photograph of the crime scene only should be taken without spectators or
police personnel.
● It must form an organized sequence and show all relevant locations and
objects.
● It must be taken from general to specific.
Crime Scene Photography
Three (3) Major Types of Pictorial Views:
● General View or Long Range - photograph of the overall scene. It will depict
the location of the crime.
○ Distance: From the doorway to the room and other corners of the room.
● Mid Range Photograph - shows the nature of the crime.
○ Distance: 8 to 10 ft from the victim.
● Close-up Photograph - shows the details of the crime.
○ Distance: 5 ft or less from the subject or object.
Crime Scene Reconstruction
● Physical Reconstruction - physical appearance of the crime scene
reconstructed from the description of he witness and the indication of the
physical evidence.

● Mental Reconstruction - after physical reconstruction, conclusions are made


by the consistency of the accounts of the various witnesses.
Crime Scene Sketch
It is the graphic representation of the scene of the crime with complete
measurements of the relative distances of relevant object and conditions obtaining
therein.
General Kinds of Sketch:
● Rough Sketch - it is made by the investigator at the crime scene which is full
of important details but without scale of proportion.
○ Basis for the finished sketch
○ It is the first pencil-drawn outline of the scene and the location of objects
and evidence within its outline.
● Finished Sketch - is often drawn by a draftsman to show proper relationships
and scales. The finished sketch is more presentable for court presentations.
Crime Scene Sketch
Elements of Sketch:
● Measurement
● Compass Direction
● Essential Items
● Scale and Proportion
● Legend
● Title
Crime Scene Sketch
Specific Kinds of Sketches:
● Sketch of Locality or Neighborhood Sketch - gives picture of the scene, the
crime, and its environment, including neighboring buildings, roads, etc.
● Sketch of the Ground/Floor Plan/Overview - picture of the scene of the crime
with its nearest physical surrounding.
● Sketch in Details - the immediate scene only.
● Exploded/Cross Projection - gives the clear impression of the scene in cases
where blood stains or bullet holes are found.
Types of Measurement
● Triangulation Method - an object is located by drawing two straight lines from
two fixed points creating a triangle; the object is in an angle formed by the line.
This sketching method requires measuring the distance of an object along a
straight line from two widely separated fixed reference points.
● Rectangular Method - this method uses two walls in a room as fixed points,
from which distances are measured at right angle to the object.
● Baseline or Coordinate Method - a sketching method that makes
measurements along a single reference line called a baseline, which can be
established using a length of string, chalk line, or some other convenient
means.
Types of Measurement
● Compass Point Method - a sketching method that requires a protractor or
some method of measuring angles between two lines. One point is selected as
the origin and a line extending from the origin becomes an axis from which the
angles can be measured.
● Cross Projection Method - a sketching method in which the ceiling appears to
open up like a lid of hinged box, with the four walls opening outward.
Measurements are then indicated from a point on the floor to the wall.
● Azimuth/Polar Coordinates - this method requires two people; one hold each
end of a tape measure. This is best suited for large pen areas where there
might not be any reference points by using a handheld GPS (global positioning
system).
Methods of Crime Scene Search
● Strip Search Method
● Double Strip Search Method
● Spiral Search Method
● Zone Search Method/Quadrant or
Sector
● Wheel Search Method, Pie, Radial, or
Spoke
● Point-to-Point
Collection, Marking, Tagging, and Preservation of
Evidence

● Collection of Evidence
● Marking of Evidence
● Exhibit Case Number
● Initials and Signature of the Collecting Officer
● Time & Date of Collection
Collection, Marking, Tagging, and Preservation of
Evidence

● Tagging of Evidence - it is done through movable object/s wherein marking on


any of its surface is not possible. Tag must contain the markings and other
information about the specimen.
● Preservation of Evidence - it is the investigator’s responsibility to ensure that
every precaution is exercised to preserve physical evidence in the state in
which it was obtained or recovered until it is released to the evidence
custodian.
The Chain of Custody/Possession
It is the number of person who handled and possessed the pieces of evidence
the moment they were collected, marked, and tagged, up to the time of the final
disposition of the case. As a rule, all seized evidence must be in the custody of the
evidence custodian and deposited in the evidence room.
Procedures needed for the care of physical evidence:
● The article must be properly identified
● Chain of custody must be proved
● The evidence must be material and relevant
Final Steps of CSI
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.
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. He must bear in mind that upon the
formal release of the crime scene to the proper authority, the warrant is already
required for his re-entry to the crime scene.
Thank you for listening!

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