CDI 1 Notes

Fundamentals of
Criminal Investigation
UNIT 1
INTRODUCTION TO CRIMINAL INVESTIGATION
The field of criminal investigation is as broad and varied as the criminal with the ingenuity of
those who constantly devise new patterns of crime. However, there are time proven principles and
techniques that the investigator applies, in different ways to the endless assortment of situation that
confronts the criminal investigator. The reality of criminal investigation is far cry from the glamorized
accounts of detective fiction in which the neatly packed investigation is considered complete when the
culprit has been plausibly implicated or confessed. The tedious labor of interview, tracing,
identification, interrogation, assembling of proof, and presentation of testimony are the essence of
effective investigation.
Methods of investigation are dictated by the nature of the crime and the procedures permitted
by the rules of laws. Most investigations begin with careful objective observations that are the
assembled, collated, and matched against applicable laws. If there is reason to assume that a crime
has indeed been committed, further investigation is undertaken using more scientific methods and
techniques. Technological advances have been incorporated into criminal investigation as well.
A. Concept of Criminal Investigation
Criminal investigation is a branch of jurisprudence that uses scientific theories and principles,
including time-tested philosophical analysis. To uncover, collect and process facts develop
information that can lead the mind of any sensible person to see the truth.
It involves a legal search for people and things that can be used to reconstruct a crime and
the mental state of the offender. The objective is to determine the truth as far as it can be discovered
in any “post-factum inquiry”. This is done by gathering facts that can be used to elucidate questions
relating to a crime or involving a criminal case (Weston and Wells 1999)
B. Definition of Investigate
Etymology: Latin investigates, past participle of investigare to track, investigate, from in + vestigium
footprint, track
C. Different Definition of Criminal Investigation

 It is a legal inquiry, by virtue of a complaint to follow-up, examine, trace and search, step by
step, by patient, and meticulous observation, the fact of the commission of a crime, the
identity of the actors and the circumstances to the end that violators of the law be brought to
the bar of justice, and the innocent be relieved therefrom.
 It is the collection and analysis of facts about persons, things and places, subject of the crime
to identify the guilty party, locate the whereabouts of the guilty party, and to provide
admissible evidence to establish the guilty party involve in a crime.
 Is a lawful search for people and things useful in reconstructing the circumstances of a crime
and the mental aspect accompanying it (Weston).
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 Legally defined as a branch of jurisprudence that applies the theories, principles and time-
tested practices of philosophical analysis, arts and sciences in judicial and extra-judicial
proceedings.
D. Criminal Investigation as a Science and as an Art

a. As an ART
It is an art that deals with identification and location of criminal offenders and then
providing their guilt through criminal proceeding. Some authors stressed that criminal
investigation I more than an art rather than a science because it is not governed by rigid rules
or principles. Most often than not, it is governed by intuition, felicity/inspiration and to minor
extent by change. This idea is based on the tradition made popular by the adventures of
Sherlock Homes, a fictional detective created by Sir Arthur Conan Doyle
b. As a SCIENCE
It is a systematic method of inquiry that is more like a science than an art. Criminal
investigators primarily apply scientific knowledge, principles and methodologies in order to
discover, identify collect and process facts and evidence to promote justice. However, use of
scientific methods must be supplemented by the investigator’s initiative and resourcefulness
in finding solution to criminal cases. The sequence of investigation must follow a scientific
operating framework that requires imagination, innovation and creativeness on the part of the
investigator.
While good fortune occasionally plays a key in successful investigation, it should not
be relied upon. A competent investigator does not rely on luck but trusts his knowledge and
skills developed from experience, intuition and common sense. Thus, he must possess
adequate professional capabilities or set positive qualities.
c. As a PROCESS
It involves the systematic process of identifying, collecting, preserving, evaluating
data or raw facts to produce valuable information to prosecute a criminal offender that
eventually leads to proper administration of justice.
E. Contributors to Criminal Investigation (assignment)

1. Jonathan Wild
2. Eugene Vidocq
3. Henry Fielding
4. Sir Robert Peel
5. Inspector Thomas Byrnes
6. Allan Pinkerton
7. Juan Vucetich
8. Alphonse Bertillon
9. Francis Galton
10. Sir Richard Edward Henry
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11. Arthur Conan Doyle

12. Calvin H. Goddard
13. Hans Gross
14. Robert Heindl
15. Edmond Locard
16. Rudolph Reis
17. Harry Soderman
18. August Volmer
UNIT II
THE CRIMINAL INVESTIGATOR AND CRIMINAL INVESTIGATION
A. The Investigator
 Groups:
o Fictitious Investigators
o Government investigators-
o Private Detectives
B. Goal of Criminal Investigation
The goal of criminal investigation would seem to solve cases, to discover ‘whodunit’. In reality,
the goals of criminal investigation are not quite so simple. To hold offenders to account for their act,
criminal investigation has several important goals.
The goals of criminal investigation are to:
a. Determine whether a crime has been committed.
b. Legally obtain information and evidence to identify the responsible person.
c. Arrest the suspect
d. Recover the stolen property
e. Present the best possible case to the prosecutor
C. Five Functions of Criminal Investigation
Criminal Investigation as a process, involving the following:
1. Identification of evidence
2. Collection of evidence
3. Preservation of evidence
4. Evaluation/processing of evidence
5. Presentation of evidence in the Criminal Case
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D. Basic Function of Investigators

According to Prof. Basilio G. Cael & Atty. Juan L. Agas (2000), the numerous functions among
others performed by investigators include:
1. Providing emergency assistance
2. Securing the crime scene
3. Photographing, videotaping and sketching
4. Taking notes and writing reports
5. Searching, obtaining and processing physical evidences
6. Obtaining information from witnesses and suspect
7. Identifying suspects
8. Conducting surveillances, stake out and undercover assignment, and
9. Testifying in court
E. Criminal Investigation. May start in three ways:
1. A report/information received about a criminal incident
2. The criminal complaint of the offended party; or
3. Spontaneous action or self-initiation by the police or any law enforcement agency
Based on the PNP’s Standard Operating Procedure, the police station desk officer must do two
things once he receives a criminal complaint or report.
1. Record the time the report/complaint was made, the identity of the person who made the
report, place of the incident and s synopsis of the incident.
2. Inform his superior officer or the duty officer regarding the report
F. Phases of Criminal Investigation
Investigation concerning a criminal case generally progress in three stages, usually described as:
 Preliminary investigation-
 Follow-up investigation-
 Concluding investigation-
1. Preliminary Investigation
The first officer who responds is in charge until relieved by another officer. The same
basic procedures are followed regardless of whether the first officer at the scene is a patrol
officer, an investigator or the chief of police.
The initial response is usually by a patrol officer assigned to the area where a crime has
occurred.
The response is crucial to the success of an investigation. Although it is popularly
believed that cases are won or lost in court, more cases actually are lost during the first hour
of an investigation-the initial response period-than in court.
It is important to arrive at a crime scene rapidly because
 The suspect may still be at or near the scene
 Injured persons may need emergency care
 Witnesses may still be at the scene
 A dying person may have a confession or other pertinent information to give
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 Weather conditions may change or destroy evidence

 Someone may attempt to alter the crime scene
The responding officers proceed to the scene as quickly as safety allows. Officers who injure
themselves or someone else on the way to a call may create more serious problems that exist
at the crime scene.
a. Conducting the Preliminary Investigation
After all emergency matters have been handled and the crime scene has been
secured, the actual preliminary investigation can begin. This includes several steps whose
order depends on the specific crime and the types of evidence and witnesses available.
b. Responsibilities during the Preliminary Investigation include
 Questioning victims, witnesses and suspects
 Conducting a neighborhood canvass
 Measuring, photographing, videotaping and sketching the scene.
 Searching for evidence
 Identifying, collecting, examining and processing physical evidence
 Recording all statements and observations in notes.
2. Continuing/Follow-up Investigation
Preliminary investigations that satisfy all the investigative criteria do not necessarily yield
enough information to prosecute a case. Despite a thorough preliminary investigation, many
cases require a follow-up investigation. A need for a follow-up investigation does not
necessarily reflect poorly on those who conducted the preliminary investigation. Often, factors
exist that are beyond the officer’s control.
Weather can destroy evidence before officers arrive at a scene, witnesses can be
uncooperative and evidence may be weak or nonexistent, even after a very thorough
preliminary investigation.
The follow-up phase builds on what was learned during the preliminary investigation. This
phase can be conducted by the officers, who responded to the original call or, most often, by
detectives or investigators. If investigators take over a case begun by patrol officers,
coordination is essential.
Investigation leads that may need to be pursued include:
 Checking the victim’s background
 Talking to informants
 Determining who would benefit from the crime and who had sufficient knowledge
to plan the crime.
 Tracing weapons and stolen property
 Searching MO, mug shot and fingerprint files.
3. Concluding Investigation
The direct outgrowth of the previous two stages
 case suspended
 case successfully concluded and prepared for prosecution
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G. Elements of Criminal Investigation as a Process

The elements of criminal investigation are composed of five functions namely:
1. Recognition/identification
This activity involves the effort of identifying data, including physical things that may
provide relevant information regarding the criminal case being investigated. The earlier the
significant facts are identified, the sooner the case will be solved. Significant thing that must
be recognized maybe in the form of bloodstain at the crime scene, neighbors who accidentally
saw a burglary in process, or bank records for drugs dealers.
2. Collection
This is the act of gathering those identified data or facts or physical things that are
significant to the case under investigation. Collection maybe done by scraping the bloodstain
found at the crime scene, interviewing the neighbors who saw the burglary or examination of
drug’s bankbook.
3. Preservation
This is a function that is continuously performed during the collection stage. It
includes acts of keeping the collected pieces of evidence in their true and original form.
Preventing contamination or destruction of its substantive value. Preservation does not only
involve the process of packing physical evidences in order that they can be safety transmitted
to the evidence custodian or to the crime laboratory. It covers the process of maintaining the
objectivity of facts or information that has been gathered from the testimony of witnesses,
victim or other persons involved in the criminal case.
4. Evaluation
This is the process of determining the probative value of collected pieces of evidence.
Probative value refers to the evidence or its worth in successfully establishing a proof that a
crime has in fact been committed and that the suspects/accused is the one who is
responsible for it.
5. Presentation
This function I primarily manifested inside the court. The investigator, with the help of
the prosecutor, must be able to present facts and other parties involved in the criminal case
about the validity and the truthfulness of the pieces of evidence they are trying to prove or
establish and that a crime was really committed.
H. Kinds of Criminal Investigation
Generally speaking, there are only two kinds of criminal investigation namely:
1. Investigation while suspect is under arrest and detention
2. Investigation while the suspect is “at-large” meaning not under arrest and detention as
distinguished from punitive from justice.
Criminal investigation is the action taken by the law enforcer after the arrest of the offender or
upon the written complaint of the offended party so that the perpetrator maybe held accountable
for the crime he has committed before the bar of justice.
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Type of Investigation
1. Formal investigation- official inquiry conducted by the government agency in an effort to
uncover fact for truth
2. Inquest- to search the basic cause of an incident
3. Inquisition- a more historical description than the current usage to describe penetrating
investigation concerning religious issue.
4. Probe- similar to formal investigation but it is extensive searching inquiry conducted by a
government agency.
5. Research- most often employed to refer the careful, patient investigators, done by
scientist/scholars in their efforts to identify original source of data or cause of problem
6. Investigative reporting- a recent type of investigation conducted by the members of the
press on their own initiative
I. Modes of Criminal Investigation

Criminal investigation are conducted through the use of three different responses, namely;
reactive response, proactive response and preventive response
1. Reactive response
 Addresses crimes that have already occurred. In this case, the investigators typically
respond to a crime, collect evidence, locate and interview witnesses, and identify and
arrest a suspected perpetrator.
2. Proactive response
 Anticipates criminal activity. Proactive response differs from reactive investigations in
two major points:
o The investigation is conducted before the crime is committed
o The suspect is identified before he/she commits the crime
3. Preventive response
 Prevention through deterrence is sometimes achieved by arresting the criminal and
by aggressive prosecution
J. The Six (6) Cardinal points of Criminal Investigation
In the performance of his duties, the investigator must seek to establish the six cardinal points
of investigation, namely: what, when, where, why, who and how.
1. Its importance are the following:
a. Assist the investigator and the desk officer in making brief statements of the fact
in the logbook and in reports.
b. Aid the investigator in searching the crime scene or other places which maybe
serve as source of evidence
c. Guide the investigator in formulating questions in interviewing complainant,
witness and other interested parties or in the process of interrogating a suspect.
d. Help the investigator in preparing the Modus Operandi report.
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e. Assist the investigator in furnishing a brief and concise criminal investigation

report.
2. Remember to get the specifics
a. Who
i. Observed the crime
ii. Saw the suspects
iii. Committed the crime
iv. Had the motive to commit the crime
v. Accompanied the suspect
vi. Called the police
vii. Is/was the victim
b. What
i. Crime was committed
ii. Was stolen, damaged etc.
iii. Evidence has been located
iv. Statements were made
v. Additional information is needed
c. When
i. Was the crime occur
ii. Did the crime occur
iii. Was the police notified
iv. Was evidence located
d. Where
i. Did the crime occur
ii. Was the evidence located
iii. Do the suspects live
iv. Do the witnesses live
e. Why
i. Was the crime committed
ii. Was the victim chosen
iii. Was the location chosen
iv. Was that specific property taken
f. How
i. Did the suspect get in
ii. Was the crime committed
iii. Was evidence discovered
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TOOLS OF CRIMINAL INVESTIGATION
Four I’s of Criminal Investigation
There are indispensable tools that can be used by criminal investigators to successfully solve
criminal cases. These are as follows:
a. Information
b. Interview
c. Interrogation
d. Instrumentation
Depending on the necessity to establish the guilt of the accused during trial, the uses of these
tools vary based on actual situation.
INFORMATION
It is composed of sets of raw data or raw facts that were collected and then put together to
form a significant idea of something.
It is the general term referring to the knowledge acquired by criminal investigators from
various sources, which could be in the form of persons, places, or things.
Significance of Information in Criminal Investigation
a. Informations provide answers for the 5W’s and 1H

b. Information is vital in planning the operations of investigators
Objectives of Information
a. Develop leads
b. Establishes prima facie evidence
c. Establishes corpus delicti
d. Establishes identification of persons
Techniques of Gathering Information
Skillful gathering and systematic development of information can be done in the following
manner:
a. By observing tact or diplomacy in performing investigative tasks and duties. “Tact” involves
the skill of knowing how to use diplomatic words thus avoiding offensive language for the
purpose of winning goodwill and confidence of other people.
b. Being friendly and diplomatic with other peace officer or law enforcers.
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c. By not totally relying on memory-making the habit of jotting down notes for every
circumstances or incidents encountered during the investigation proceedings.
d. By keeping records or maintaining a file of potential criminals, suspected criminals, actual
offenders and informants/informers.
e. By being meticulous-learning not to overlook or disregard chance memoranda or
haphazard notices.
f. By becoming acquainted with many kinds of people from all walks of life.
Traces of Information
a. Any written or documented statement of person who possesses relevant knowledge

concerning a crime.
b. It covers any object of recorded data that can be used by investigators in their inquiry
concerning a criminal incident.
General Types of Informations

a. Open sources
b. Closed sources
Three General Categories of Sources of Information
Place
The crime scene is usually the focus of criminal investigation in its initial stage since it
contains most, if not all the vital information needed to solves criminal cases. At the crime scene,
evidences composing the corpus delicti can be recovered. It is the place where they base their
reconstruction on how the crime was consummated.
Things
This source of information is usually in the form of records/files or and bank records. Police
stations have files on fingerprints, modus operandi, blood and Deoxyribonucleic Acid types, including
photographic files. This records and files are extensively used as means of identifying and tracing
criminals.
Official records that serve as vital sources of information include the following:
a. Criminal records-
b. Court records
c. Bureau of Internal Revenue (BIR) records
d. Prison files
e. Hospital records
f. Land Transportation Office (LTO) records
g. Bank Records
h. School Records
i. Tele-Communication Files
Persons
Human sources maybe the offended party (the victims or his kin), witnesses (bystanders or
friends of victims or suspects), suspects, criminal, informants, and informers.
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Information is usually obtained by interviewing the offended party or eyewitness of the crime.
Classical Systems of Gathering Information
There are two classical practices of gathering information that is basically the roots of what
the investigators are using today.
a. French System-this involves the practice of or obtaining information that relies heavily in
buying information. Hence, it advocates the extensive use of informers.
b. English System- this is the practice of gathering information that has little
regard/consideration on paid information. It is the system that relies more on the
information provided voluntarily or willingly by patriots or civic minded informants.
Informants and Informers
1. Informants- one who voluntarily or willingly provides information to the criminal investigators
and even offers to be a witness. There are times, however, when the informants gives
information secretly or surreptitiously and request anonymity.
2. Informer-
a. Informer is informant by profession, usually a recruited or paid asset of the
investigator.
b. Informer is distinct from informant as the former gathers information of criminal
interest while the later provides information of non-criminal nature.
c. The informer uses information as means of livelihood since it is his job to collect
criminal facts then reveals/discloses them to law enforcement authorities in
consideration of something. If he provides information, heal ways ex expects
something in return.
General Types of Informants
1. Anonymous Informants include those anonymous telephone callers or letter writers who give
information about suspects or fugitives of justice.
2. Rival Elimination Information is usually anonymous as his purpose in providing information is to
remove person or gang due to competition or other motives such as revenge, etc.
3. False Informant reveals information usually of no consequence, value or stuff concocted with thin
air. His purpose is to appear to be on the side of the law and for the purpose of throwing out the
suspicion from himself or from his gang or associates.
4. Frightened Informant is prodded by fear or self-interest in giving information to the police. He
maybe one of the lesser gang member who runs to the police when his gang mates are about to
be involved in dangerous situation or when the gang he belongs is hot on the police trail.
Motivated by anxiety and self-preservation of his well-being. The weakest link in the composition
of the criminal chain.
5. Self-aggrandizing Informant moves around the centers of criminals, group or syndicate and
delights in surprising the police about bits of information. His information may be of value by way
of authentication in intelligence operation.
6. Mercenary Informant has information for sale. He may have been victimized in a double-cross or
little share in the loot or given a dirty deal and seeks revenge as well as profit in his disclosure.
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7. Double-crosser Informant uses his seeming desire to divulge informations an excuse to talk to the
police in order to get more information from them more than he gives. To counter this kind of
information, the police apply the deception method by giving him false information that will lead to
his capture.
8. Women Informant is usually a female associate of criminals. She gives information because her
criminal lover has jilted her. Her motives are either revenge or jealousy. She may be able to give
to give info but the investigator must be careful because the female specie is more deadly than
the male.
9. Legitimate Informant includes operators of license premises who do not want their place of
business to become the hangout of dangerous criminals.
10. Incidental informant or automatic informant
11. Confidential informant is a person who provides the police with confidential information
concerning a past or a projected and planned crime. He does not want to be identified as the
source of the information. under the law, these informants are protected and their identity could
not be revealed by the police even under of the court unless on exceptional case where there is a
claim by the defense that the informant framed the accused.
Types of Informers
1. Recruited informer
2. Dual or multiple informer
3. Paid asset
4. Double-crosser
5. Intelligence Broker
Common Motives in Informants and Informers
1. Vanity- the motive is for self-aggrandizement by gaining favorable attention and importance
from the police
2. Patriotism or Civic Mindedness- this is the motive of civic-minded person with good reputation
in the community who are interested in seeing that justice is done.
3. Repentance- those lesser criminals such as accomplices or accessories who will have a
change in heart to unburden their conscience.
4. Fear- it is engendered illusion of oppression from enemies of from impending danger.
5. Avoidance of punishment
6. Showing gratitude for gaining something.
7. Competition
8. Revenge
9. Jealousy
10. Remuneration
Methods of Obtaining Information
Information can be obtained or developed by conducting overt or covert operations
Overt operations of gathering info include the following:
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1. Interview
2. Patrol and reconnaissance
3. Crime scene search
4. Regular performance of policing activities
5. Custodial interrogation
Information can also be acquired through covert operations. Clandestine operations employed to
obtain info include the following:
1. Surveillance
2. Undercover assignment
3. Entrapment
4. Tactical interrogation
Surveillance is one of the most important clandestine methods of gathering information. Surveillance
serves several purposes, such as:
1. Obtaining evidence
2. Supplying information as basis of issuing arrest or search warrant
3. Determining the activities and contacts of suspended criminals
4. Catching criminals in flagrante delicto
INTERVIEW
a. It is the simple and friendly questioning of people who have the information officially needed
by investigators
b. In interview, the person being questioned is usually ready, willing and able to talk freely thus,
providing his testimony on how the criminal incident took place, offering information in his own
manner and wordings.
Types of Interview used in Criminal Cases
a. Background Interview- this kind of interview that is focused only in obtaining data regarding
the personal background of the subject, the simplest type of interview used in criminal case.
The background date that must be indicated:
a. Date and time of interview
b. Setting/place of interview
c. Full mane of the subject
d. Address of the subject-past and present place of residence
e. Educational background
f. Names and whereabouts of relatives
g. Personality traits, habits and hobbies
h. Marital status and numbers of children
i. Profession or vocation
j. Type and tenure of employment or contract
k. Name or employer, superiors, and /or associates in his job
l. Membership in any organization
m. Honesty, discretion and loyalty to his job and his organization
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n. References for evaluation of the subject.

b. Subjective interview
This is the type of interview wherein the questions are phrased in a manner such that
he subject’s answers are based on his personal opinions or views.
Questions are designed to deal with the subjective aspect of the case.
c. Objective interview
In this type of interview, questions are designed to acquire the basic and specific data
or facts regarding the criminal case.
This is the type that complies with the 6 cardinal points of criminal investigation.
Steps in Conducting an Interview
1. Preparation
2. Approach
3. Warming-up
4. Recounting
5. Questioning for clarification
6. Ending the interview
The Interview Format
1. Identity
2. Rapport
3. Opening statement
4. Narration
5. Inquiry
6. Conclusion
Rules to be observed in Questioning
1. One question at a time
2. Avoid implied answer
3. Simplicity of questions
4. Saving faces
5. Should not be answerable by yes or no
6. Positive attitude
Types of Witness according to their Attitude
1. Know-nothing type
2. Disinterested type
3. Drunken type
4. Suspicious type
5. Talkative
6. Honest
7. Deceitful
8. Timid
9. Boasting, egoistic or egocentric
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10. Refusal talk
INTERROGATION
It is the vigorous or aggressive questioning of a person suspected of having committed an
offense or of a person who is reluctant or unwilling to make a full disclosure of information in his
possession, which is pertinent tot eh investigation of a criminal case.
It is the vigorous and confrontational questioning of a suspect about his participation in a
crime. It is confrontational in the sense that the investigator places the guilt to the accused. This
process is also applied to uncooperative witness/es.
It is an art employed in the questioning of suspects for the purpose of eliciting or obtaining
facts that usually result to his admission and/ or confession about the commission of a felony or
offense.
It is a formal questioning whereby aggressive and accusatory questions can be asked to the
subject. It refers to the questioning of suspects, culprits, offenders, or perpetrators of a crime. In
practice, it is sometimes used in questioning hostile witnesses.
Purposes of Conducting Interrogation
a. On the part of the suspect, it is to extract a confession or admission.
b. On the part of the uncooperative or unwilling witness, it is to extract information he
possesses.
Requirements of the Interrogation Room
a. Private
b. Simple
c. Devoid from ornaments
d. Technical Aids
Characteristics of an Effective Interviewer/Interrogator
Many of the emotional and intellectual traits of an investigator are especially valuable in
communicating with others. Presenting a favorable appearance and personality and establishing
rapport are more important than physical attributes. Sometimes, however, it is an advantage to be of
the same race or gender as the person being questioned. Under some circumstances, it is better not
to wear a uniform. Sometimes a suit or jeans are more appropriate.
a. Adaptable and Culturally Adroit- your cultural and educational background and experience
affect your ability to understand people from all walks of life, to meet them on their own level
on varied subjects and to adapt to their personalities; backgrounds and lifestyle.
b. Self-controlled and patient- use self-control and patience to motivate people to talk. Be
understanding ye detached, waiting for responses while patiently leading the conversation
and probing for facts. Remain professional, recognizing that some people you interview may
feel hostile toward you.
c. Confident and optimistic- do not assume that because the person you are questioning is a
hardened criminal, has an attorney, is belligerent or is better educated that you that no
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opportunity exists to obtain information. show that you are in command, that you know. If the
conversation shifts away from the subjects, steer the discussion back to the topic.
d. Objective-maintain your perspective on what is sought, avoiding preconceived ideas about
the case. Be aware of any personal prejudices that can interfere with your questioning.
e. Sensitive to individual rights-maintain a balance between the rights of others and those of
society. Naturally, suspects do not want to give information that conflicts with their self-
interest with their self-interest or threatens their freedom. Moreover, many citizens want to
stay out other people business. Use reason and patience to overcome this resistance to
becoming involved.
f. Knowledge of the elements of the crime- Know what information you need to prove the
elements of the crime you are investigating. Phrase questions to elicit information related to
these elements.
Interrogation Techniques
a. The open technique- here, the interrogator is open and direct in his approach and makes no
attempt to conceal the purpose of the interrogation. This is best employed when the subject is
cooperative.
b. The ‘common interest’ the interrogator must exert effort to impress the interrogee of their
common interest. The officer must look or point out the real advantages the interrogee may
get if she/he cooperates.
c. Record file (we know all technique) -the interrogator prepares a file about the subjects/source
listing all known information (record should be padded to make it appear to be very
extensive).
The information must contain the life history of the subject like his activities and
known associates. The “we know all” is used in conjunction with the record file. During the
approach, the interrogator may ask the interrogee about a subject. If he refuses to cooperate,
the interrogator may provide the answer in order to impress him that the interrogator knows
him very well (all is supposedly known)
d. Opposite personality techniques- also known as “Mutt and Jeff”; “Threat and rescue”; “Bad
Guy-Good Guy”; “Sweet and Sour”; Sugar –Vinegar”; “Devil-Angel”.
e. Silent Technique- this is employed against nervous or the confident type of interrogee.
How it is done?
a. Look at the interrogee squarely in the eye with sarcastic smile (force him to break eye
contact first).
b. The interrogee/subject may ask question but the interrogator must not answer.
c. Patience is needed.
d. When the interrogator is ready to break silence, he may do so with a quiet and non-
challenging question that the interrogee is sure of being a part of the subject.
f. Question Barrage Technique (Rapid Fire Questioning)- this is intended to confuse the
interrogee and put him into a defensive position. The interrogee becomes frustrated and
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confused. Then, he will likely reveal more then he intended. Thus, creating opening for further
questioning.
g. Emotional Appeal- this is a technique where the investigator, combining his skills of an actor
and a psychologist, addresses the suspect with an emotional appeal to confess. This is
applicable to first time offenders or those who are of the emotional type of characteristics
displayed by nervousness or emotional disturbances. Devotees of a religion may belong to
this type.
h. Sympathetic Approach- the investigator, in his preliminary or probing questions must dig deep
into the past troubles, plight and unfortunate events in the life of the suspect. An offer to help,
kindness, friendliness, may win his cooperation.
i. Tricks and Bluffs
a. The pretense of solid evidence
b. The weakest link
c. Drama
d. Feigning contact with family members
e. The line up
f. Reverse line up
j. Stern Method-
a. Pretense of a physical evidence
b. Jolting
c. Indifference
d. Affording an opportunity to lie
k. Rationalization- it is the use of reasons which is acceptable to the subject that led to the
commission of the crime. Thus, it may be said that sometimes, killing is a necessity rather
than by purpose or design. Robbery may be a necessity to feed a starving family. The
application of this technique depends upon the nature of the crime.
l. Projection- it is the process of putting the blame to other persons, not alone to the suspect.
The murderer may blame the mastermind for corrupting him with big sums of money, or the
mastermind blaming the greediness of the victim or the husband blaming his wife for her
infidelity. Or that it is necessary evil as the victim in planning to kill the suspect.
m. Minimization- it is the act of minimizing the culpability of the suspect. The investigator
convinces the suspect that a confession will reduce the offense and the penalty. Thus, it could
be studied by the investigator if there is a way to downgrade murder to homicide of the
introduction of mitigating circumstances with the result of the penalty being within the range of
probation.
Approach and Probe
1. Approach- the process of setting people to start talking
2. Probe- the process to keep the person talk incessantly
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Fundamentals of
The interrogation Session

a. Interrogation session offers the suspects opportunity to clear him or to spill everything and
hope for the best.
b. Investigator conducting an interrogation must be:
i. Prepared
ii. Up to date on the reconstruction of the crime
iii. Cognizant to the facts secured in parallel inquiries into motive and opportunity
iv. Know as much as possible about the suspects and the facts connecting him with the
crime.
v. Know the finding of the criminalist who examined any physical evidence that has been
collected.
vi. Certain that the suspect is not in an emotional state that might impair his or her capacity
for rational judgment.
c. The interrogation is similar in structure to interview proceeding in the sense that it has a
beginning, a main body and a conclusion.
Stages of the Interrogation Session
a. Initial Stage- (introductory Part)
Introduction of material necessary to establish the integrity of the interrogation
Clearly state the reason for the suspects’ presence, and establish the crime about
which he or she is to be questioned the name of the victim and the time and place of crime.
Level with the suspect by indicating of explaining that the interrogation is not an
attempt to deceive but an inquiry being conducted because evidence has indicated his
knowledge of or participation in the crime under investigation.
b. Focusing Stage (Main Body)
Questioning are concerned with the activity and where about of the suspect during
the time of the crime.
Questions are concerning whether the suspect had even been at the scene or in
contact with the victim and under what circumstances.
c. Concluding Phase (Closing Part)
In case of confession, take a formal statement of the subject.
Ask the classic concluding question such as ‘Is there anything else you wish to talk
about or any correction you wish to make in your story at this time?’
Two Main Questioning Techniques
1to elicit fats from suspects, the following techniques may be used:
a. Chronological Questioning
a. The easiest technique
b. The interrogator is almost sure of getting all the necessary information.
c. Start at very beginning of the crime by asking the ff.
i. The planning
ii. The commission
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Fundamentals of
iii. What happened after the crime was committed.

b. Going Backward- Flash Back technique
Start questioning on the last known act, then backwards to the idea of committing the
crime.
Ask questions that elicit an acknowledgement of guilt and work back towards the
planning stage of the crime.
This is advantageous when suspect acknowledge his guilt at the early stage. Once a
suspect has committed himself, he is fearless likely to talk at continuing with the details.
This technique is somewhat harder than the first since most people tend to think in
terms of what happened first, the second then the last.
Methods of Reproducing an Interview/Interrogation

a. Mental notes
b. Written notes
c. Stenographic notes
d. Audio recording
e. Sound and motion recording
General Types of Recording

a. Overt transcript
b. Surreptitious transcript
INSTRUMENTATION
This is defined as the application of instruments and methods or physical science to detect
and investigate crimes, the sum total of the application of all sciences in crime detection and it is not
only confined in the crime laboratory.
Criminalistics
This refers to the profession and scientific discipline directed to the recognition, identification,
individualization and evaluation of physical evidence by application of the natural sciences in matters
of law and science.
Why does Instrumentation cover Criminalistics?
Instrumentation covers criminalistics because criminalistics is a broad field that exclusively
uses scientific knowledge in examining and evaluating the legal value of forensic evidences. On the
other hand, the setting of examination or analysis of evidences in instrumentation is not only confined
in the crime laboratory but most often than not outside the crime laboratory.
Criminalistics is unusable in the investigation of Criminal Cases
When there are no physical evidence recovered or found at the crime scene or from any other
place or persons that the crime laboratory technicians can work onto help the investigators to solve a
case.
Criminalistics provide Ways of Solving Criminal Cases by:
a. Supplying one or more missing links in a chain of evidences
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Fundamentals of
b. Strengthening a weak links or links in the chain of evidences

c. Checking the accuracy of the statements made by suspects and material witnesses, and
d. Providing knowledge to the investigator that assist/guide him in rapid clearing.
Forensic Science as applied to Criminal Investigation
The term forensic science and criminalistics are often used interchangeably. Forensic
Science is that part of science applied to answering legal questions. It is the examination, evaluation,
and explanation of physical evidence in law. It encompasses the following:
a. Pathology
b. Toxicology
c. Physical anthropology
d. Odontology
e. Psychiatry
f. Questioned documents
g. Forensic ballistics
h. Tool mark comparison
i. Serology
Specifically, criminalistics can be considered a branch or forensic science that deals with the
study of physical evidence related to a crime.
IDENTIFYING THE CRIMINAL

What is the scope of Criminal Identification?
a. Suspect identification
b. Identification of actual perpetrator
c. Identification of dead body and other victims
Two kinds of criminal identification by the witnesses
a. Known fugitives
b. Unknown criminals
Two kinds of suspect identification
a. Positive identification- uses information that identifies an individual beyond question and is
legally acceptable as pertaining to and originating from particular individuals (semen, F.P.,
DNA results, blood analysis)
b. Tracing Identification- involves the use of all other information that maybe indicative of the
personal identity of an individual such as: description of witness, personal belongings present
at the crime scene
Identification of criminal by confession or admission
a. Confession- the direct declaration of an accused expressly acknowledging his guilt of the
offense charged
b. Admission- an acknowledgement of a fact or circumstance from which guilt may be inferred. It
implicates but does not directly incriminate.
Identification of criminals (suspects) by eyewitnesses’ testimony
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Fundamentals of
a. Portrait Parle (verbal Description) method becomes successful depending on the ability of a
witness to describe the person he saw committing the crime.
b. Rogues Gallery (uses of photographic files) method is successful if there is an existing
photograph of the perpetrator in the file/gallery of the police law or law enforcement agencies
c. General Photograph Method includes the investigator showing variety of facial types that
may not be necessarily/directly represent the face of the criminal
d. Cartography (Artist’s Assistance) is when the witness and investigator develop a picture of the
criminal with the help of a skilled cartographer
e. Police Line-Up (Show-Ups) involves a process of letting/allowing a witness to select the
primary suspect from a group of chosen persons (suspects and innocent persons)
Criminal’s bad luck are unconscious or sublime act aiming at self-betrayal, a.k.a.
“VEBRECHERPECH” clue which may result to perpetrators:
a. Faulty accts
b. Carelessness
c. Negligence
d. Vanity- believe on their own cleverness or excessive pride
Modus operandi (MO) File
Modus Operandi came from the Latin, term for mode or method of operation. It is summary of
habits, techniques and peculiarities, methods, tools used in obtaining the crime and physical
conditions at the crime scene.
Factors influencing MO
a. Opportunity
b. Knowledge
c. Experience
d. Conditions
Identification of Criminals by Circumstantial Evidence
a. Motive
Identification of criminal by associative and/or tracing evidences
Identification of persons in general
a. Ordinary method
b. Scientific method
UNIT IV
STANDARD OPERATIONS IN CRIMINAL INVESTIGATION
CRIME SCENE
It is a place or location where the crime was alleged to have been committed or it pertains to
the specific location of the commission of the crime. As with almost any crime in which there is known
crime scene, both the first officer and the investigators should consider the scene itself as evidence.
This is because much valuable information is learned from items left on the scene provided that it has
not been tampered with or altered in any way.
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Fundamentals of
CRIME SCENE INVESTIGATION
This is the conduct of processes, more particularly the recognition, search, collection,
handling, preservation and documentation of physical evidence at the crime scene. It covers the
process of identifying and interviewing witnesses and/or victims at the CS, including on-the-spot arrest
of suspects
2 primary objectives of CSI
 To establish what happened

 To identify the responsible persons
Basic Nature of CSI
CSI is a difficult and time-consuming job. There is no substitute for this careful and thoughtful
approach. Before, one or two investigators usually perform CSI but today, this task is given to a
special team of investigators particularly in cases of serious and premeditated crimes.
In the Philippine setting, CSI is better known as SOCO (Scene of the Crime Operation) if
investigation is done by a group of trained PNP Personnel called SOCO TEAM. In cases where the
evidence encountered needs special processing due to significant or sensational cases, the SOCO
specialist of Crime Laboratory should be requested. The idea of enhancing SOCO was conceived in
the last quarter of 1995 by the PNP.
The SOCO Team
1. SOCO Team Leader

2. Specialist/Technicians
a. Forensic chemist
b. Fingerprint technician/expert
c. Forensic photographer
d. Medico-legal Officer
e. Firearm examiner/expert
f. Measurer/Sketcher
3. Driver/Evidence Custodian
STAGES OF CRIME SCENE INVESTIGATION
Based on the FBI Crime Scene Administration Procedures, he 11 stages involved in the
investigation of the crime scene are as follows:
1. Preparation and approach

2. Secure and protect the scene
3. Preliminary survey (or walk-through to determine CS boundary)
4. Evaluate physical evidence possibilities
5. Prepare narrative description
6. Depict scene photographically
7. Prepare narrative description
8. Conduct detailed search
9. Record and collect physical evidence
10. Conduct final survey
11. Release crime scene
22
Fundamentals of
Conduct of Crime Scene Investigation

(Rule 22, 2013 PNP Operational Procedures Manual)
The Crime Scene Investigation (CSI) starts from the arrival of the PNP First Responders
(FRs) to the arrival of the Duty Investigator/ IOC and the SOCO Team until the lifting of the security
cordon and release of the crime scene.
Specific Functions, Responsibilities and Procedures of the First Responder, Investigation-On-

Case (IOC) and SOCO
The following are the functions and responsibilities of the investigators during the crime scene
investigation, as well as the procedures to be observed:
a. First Responder (FR)
(1) The first Police Officers to arrive at the crime scene are the FRs who were
dispatched by the local police station/unit concerned after receipt of incident/flash/alarm
report;
(2) Immediately, the FR shall conduct a preliminary evaluation of the crime scene.
This evaluation should include the scope of the incident, emergency services required, scene
safety concerns, administration of life-saving measures, and establishment of security and
control of the scene;
(3) The FR is mandated to save and preserve life by giving the necessary first-aid
measures to the injured and their medical evacuation as necessary. The FR shall likewise
secure and preserve the crime scene by cordoning off the area to prevent unauthorized entry
of persons;
(4) The FR shall take the dying declaration of severely injured person/s, if any.
Requisites of a “Dying Declaration” are:
(a) That death is imminent and the declarant is conscious of that fact;
(b) That the declaration refers to the cause and surrounding circumstances of
such death;
(c) That the declaration relates to facts which the victim is competent to
testify to; and PNPM-DO-DS-3-2-13
(d) That the declaration is offered in a case where in the declarant’s death is
the subject of the inquiry.
(5) The FR shall make the initial assessment on whether a crime has actually been
committed and shall conduct the preliminary interview of witnesses to determine what and
how the crime was committed;
(6) If and when there is a suspect present in the area, the first responder shall arrest,
detain and remove the suspect from the area;
(7) The FR, upon the arrival of the IOC, shall turnover the crime scene to the duty
investigator/IOC after the former has briefed the investigator of the situation. The FR shall
prepare and submit the CSI Form “1” - First Responders Report to the IOC and be prepared
to assist the IOC in the investigation; and
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Fundamentals of
(8) The FR shall stay in the crime scene to assist the IOC in the maintenance of
security, crowd control, preservation of evidence and custody of witness/suspect until such
time the investigation is completed and temporarily turned over to the local Chief of Police
(COP) for the continuance of crime scene security.
b. Investigator-on-Case (IOC) /Duty Investigator
(1) Upon arrival at the crime scene, the IOC shall request for a briefing from the FR
and make a quick assessment of the crime;
(2) At this stage, the IOC shall assume full responsibility over the crime scene and
shall conduct a thorough assessment of the scene and inquiry into the incident. If necessary
the IOC may conduct crime scene search outside the area where the incident happened,
employing any of the various search methods;
(3) Based on the assessment, if the IOC determines that a SOCO team is required,
he shall report the matter to his COP and request for a SOCO, otherwise, the IOC shall
proceed with the CSI without the SOCO team and shall utilize CSI Form “4”
(4) The IOC may by himself if the situation so demands, conduct CSI if, there is no
Provincial Crime Laboratory Office/Regional Crime Laboratory Office in the province. The IOC
must, however, ensure that the correct procedures in the collection of evidence are observed
to ensure the admissibility of the evidence;
(5) The Police Station Operation Center, upon directive of the COP, shall make the
request for the SOCO team through the Provincial/City Operations Center;
(6) It shall be the responsibility of the Provincial/City Operations Center to facilitate

the request for the SOCO Team;
(7) Upon the arrival of the SOCO Team, the IOC shall accomplish CSI Form “2” and
submit the same to the SOCO Team Leader. The SOCO team shall not enter the crime scene
unless the IOC makes the official written request wherein he assures the SOCO team of his
presence and support; and
(8) The IOC shall brief the SOCO Team upon their arrival at the crime scene and
shall jointly conduct the preliminary crime scene survey.
c. SOCO Team
(1) The SOCO Team shall not join any operations conducted by the local police or
accompany the FRs or the IOC in going to the crime scene. They will only respond upon
request through the Operations Center and after the IOC has already made the proper
assessment of the crime scene
(2) Upon receipt of the Request for Conduct of SOCO, the SOCO Team shall then
conduct the scene of the crime operations which include among others the narrative
description of the crime scene, photography, videography, crime scene search, crime scene
sketch, crime scene location sketch, physical evidence recording and collection, and other
procedures necessary;
(3) In case the SOCO Team needs to temporarily suspend the processing, the Chief
of Police shall be primarily responsible and accountable for securing the crime scene and
ensuring its integrity until there turn of SOCO Team and the conclusion of the CSI;
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Fundamentals of
(4) After the termination of the SOCO, the SOCO Team Leader shall brief the IOC on
the initial results and thereafter conduct the final crime scene survey together with the IOC;
and
(5) The SOCO Team shall accomplish the CSI Form “4” - SOCO Report Forms and
furnish the IOC of copies of the same before leaving the crime scene
Release of the Crime Scene
a. The IOC shall decide on the lifting of the security cordon and the release of the crime
scene upon consultation with the SOCO Team Leader and he shall be responsible in ensuring that all
pieces of potential evidence have been collected by the SOCO Team as any re-entry into the crime
scene after its release to the owner will require a Search Warrant issued by the Court;
b. The IOC shall accomplish the CSI Form “6” before the cordon shall be lifted;
c. The IOC shall ensure that the appropriate inventory has been provided by the SOCO Team
and shall only lift the security cordon and release the crime scene only after completion of the
documentation process;
d. The IOC or the COP shall turn-over the crime scene to the owner of the property or where
the crime scene is a public place, to any local person in authority using CSI Form “5”;
e. The IOC shall accomplish and submit the Investigator’s Report with all the required
attachments to the COP within two (2) working days from the date of incidence; and
f. The CSI Report shall be the first entry in the Case Folder for the investigation of the
incident.
Crime Scene Investigation flowchart
Special SOCO Procedures
In cases where the evidence gathered needs special processing due to significant or
sensational cases, the specialists from the Crime Laboratory shall be requested.
a. In bombing cases, the EOD personnel should first clear the area and declare it “secured”
prior to entry of the SOCO. The former, before entering the crime scene must submit to the latter for
swabbing. All evidence collected must be pre-cleared by the EOD prior to documentation.
b. In suspected or reported chemical, biological, radiological or nuclear (CBRN) situations, the

SOCO shall directly coordinate with the Special Rescue Team of the Bureau of Fire and Protection
before the conduct of the crime scene investigation.
c. In mass victim situation, the Regional/District SOCO who has jurisdiction over the area, in
addition to their function, shall act as the FR to the Interim Disaster Victim Identification Task Group
(IDVI TG) of the PNP Crime Laboratory. The IDVI TG shall immediately assess the forensic
specialists needed to be deployed at the crime scene and relay the requirements to the PNP Crime
Laboratory Headquarters.
d. The SOCO has motu proprio authority to direct all operating units involved in the police operation to
submit their respective personnel for forensic examination; their service fi rearms for ballistic tests;
and other pieces of evidence involved to expedite the investigation of the case.
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Fundamentals of
CRIME SCENE SEARCH
A basic function of investigators is to conduct a thorough, legal search at the scene of the
crime. Even though not initially visible, evidence in some form is present at most crime scenes. The
goal of any search during investigation, at the crime scene or elsewhere, it to discover evidence that
happens to:
 Establish that a crime was committed and what the specific crime was
 Establish when the crime was committed
 Identify who committed the crime
 Explain how the crime was committed
 Suggest why the crime was committed
Preliminary Considerations
Before treating the crime scene itself, it is profitable to consider the actions and duties of the
investigator by first arriving at the crime scene. The following measures or steps are ordinary found
necessary.
a. Identify and if possible, retain for questioning the person who first notified the police
b. Determine the perpetrator by direct inquiry or observation if his identity is immediately
apparent
c. Detain all persons present at the crime scene
d. Summon assistance, if necessary
e. Safeguard the area by issuing appropriate orders, and physically isolating it by
establishing the ‘police lines’
f. Subsequently permit only authorized persons to enter the area
g. Separate the witness so as to obtain independent statements
h. Do not touch or move any object
i. Definitely assign the duties of the search if assistants statements
Search Patterns
All search patterns have a common denominator. They are designed to locate systematically
any evidence at a crime scene or any other area where evidence might be found. Most patterns
involve partitioning search areas into workable sizes. The search pattern should be adaptable to the
area involved, the personnel available, the time limits imposed by weather and light conditions and the
circumstances of the individual crime scene. Search patterns ensure thoroughness.
a. Lane-search pattern
The lane-search pattern partitions the area into lanes, or narrow strips, using stakes and
strings. An officer is assigned to each lane. Therefore, the number of lanes depends on the number of
officers available to search.
These lanes can be imaginary. Officers; search widths vary from arm’s length to shoulder-to-
shoulder, either on foot or their knees. Such searches use no string or cord to mark the lanes.
If only one officer is available for the search, the lane pattern can be adapted to what is
commonly called strips-search pattern
For an extensive search, the lane pattern is often modified to form a grid and the area is
crisscrossed.
26
Fundamentals of
b. Zone or Sector search pattern
In the zone or sector-search, an area is divided into equal squares on a map of the area and
each square is numbered. Search personnel are assigned to specific squares.
c. Spiral method
The three searchers follow each other along the path of a spiral, beginning from the outside
and spiraling in towards the center.
d. Wheel method
In this method, the area is considered as being approximately circular. The searchers gather
at the center and proceed outwards along the radii or spokes. The procedure should be repeated
several times, depending on the size of the circle and the number of searchers. One shortcoming of
this method is the vast extent of the relative area to be observed as the searchers depart from the
center.
CRIME SCENE DOCUMENTATION
Documenting is vital throughout an investigation. Most people who go into law enforcement
are amazed at the amount of paperwork and writing that is required-as much as 70% of an
investigator’s job is consumed by these functions. In addition, photography plays an important role in
documenting evidence and presenting cases in court.
Field notes: The basics
Note taking is not unique to the police profession. Notes are brief records of what is seen or
heard.
Investigative notes are permanent written records of the facts of a case to be used in further
investigation, in writing reports and in prosecuting the case.
Detailed notes can make or break a case. For example, when a defense attorney challenges
in court the reliability or validity of various breaths or blood measurement of alcohol content, the case
often hinges on the thoroughness of an officer’s written report
Investigative Photography
A picture is, indeed, worth a thousand words, and investigative photographs and videotapes
are essential to proper crime scene documentation. The basic purpose of crime scene photography is
to record the scene permanently. The time that elapses between the commission of the crime and
when a suspect in that crime is brought to trial can stretch into months or years, with the condition of
the crime scene and physical evidence deteriorating along the way.
Advantages:
a. It can be taken immediately, an important factor in bad condition or when many people
are present.
b. Accurately represent the crime scene in court. Photographs are highly effective visual
aids that corroborate the facts presented.
Disadvantages:
a. Not selective and do not show actual distances

b. May be distorted and damage by mechanical errors in shooting or processing
27
Fundamentals of
Crime scene sketch
Elements of Sketching
a. Measurements
b. Compass direction
c. Essential items
d. Scale and proportion
e. Legend
f. Title
An investigator’s scene sketch can be more descriptive than hundreds of words and is often
an extremely important investigative aid. The crime scene sketch:
 Accurately portrays the physical facts

 Relates to the sequence of events at the scene
 Establishes the precise location and relationship of objects and evidence at the crime scene
 Helps create a mental picture of the scene for those not present
 Is a permanent record of the scene
 Is usually admissible in court
Methods of Sketch
1. Rectangular-Coordinate Method
It is a common way to locate objects and evidence in a room. It uses adjacent walls as
fixed points from which distances are measured at right angles. Locate objects by measuring from
one wall at right angles and then from the adjacent wall at right angles. This method is restricted
to square or rectangular areas.
2. Baseline Method
Another way to measure by coordinates is to run a baseline from one fixed point to
another, from which measurements are taken at right angles. Take measurements along either
side of the baseline to a point at right angles to the object to be located.
3. Triangular Method
It is commonly used in outdoor scenes but can also be used indoors. Triangulation uses
straight-line measures from one fixed objects to the evidence in the angle formed by two straight
lines. The degree of the angle formed at the location of the object or evidence can then be
measured with a protractor.
Always select the best fixed point possible, with emphasis on their permanence.
4. Compass-Point Method
The compass-point method uses a protractor to measure the angle formed by two lines.
5. Cross-Projection Method
For some interior crime scenes, it is useful to show the relationship between evidence on
the doors and the walls. This can be done by sketching the room as though the viewer is straight
above it, looking down. In effect, the room is flattened out much like a box cut down at the four
corners, and opened out flat. A cross-projection sketch presents the floor and walls as though
28
Fundamentals of
they were one surface. Objects or evidence on both the floor and walls can be measured to show
their relationship on a single plane.
General Kinds of Sketch
1. Rough Sketch- made by the investigator at the crime scene. Scale and proportion is ignored,
and everything is approximated. It is to be used as a basis of a finished sketch.
2. Finished Sketch- made primarily for court room presentation scale and proportion is
observed.
Specific Kinds of Sketches
1. Sketch of Locality- gives a picture of the scene, the crime and its environs, such items as
neighboring buildings, roads leading to the location or house, etc.
2. Sketch of Grounds- picture of the scene of the crime with its nearest physical surroundings,
i.e., house with a garden, floor of the house
3. Sketch of Details- describes immediate scene only. Ex. Room in which the crime was
committed and the details thereof.
CRIME RECONSTRUCTION
This refers to the process of reconstructing or re-enacting how the crime occurred basing on a
rational theory.
This is necessary in establishing the modus operandi of the criminal
Approaches in Crime Reconstruction
1. Deductive Approach- this approach entails immediate assumption of a theory then later
supports it by collecting corroborative information.
2. Inductive approach- this technique requires the collection of information first. Analysis and
evaluation of information followed by developing a theory.
Two Kinds of Crime Reconstruction
1. Physical reconstruction- based on the description of the witnesses and the indication of the
pieces of evidence recovered or observed.
2. Mental reconstruction- from physical reconstruction, some conclusions can be made
concerning the consistency of the accounts of various witnesses. Assumptions should be
supported by pieces of evidence.
PHYSICAL EVIDENCE
It is any solid, semi-solid, or liquid materials that may aid in determining the truth during the
investigation. Physical evidence assists the investigator by supporting or conforming the facts which a
reasonable and strong suspicion is based.
Kinds of Physical Evidence
1. Corpus Delicti- objects or substances which are essential parts of the body of the crime
2. Associative Evidence- evidence which links the suspects to the crime scene or offence, e.g.
fingerprints and footprints
3. Tracing Evidence- articles which assist the investigator in locating the suspect.
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Fundamentals of
Ultimate Purpose of Recovering Physical Evidence
The ultimate purpose of recovering physical evidence is to aid the solution of the offense by:
 Establishing tracing or identifying the suspects

 Establishing the suspects MO, or indicating similar MOs
 Proving or disproving alibi
 Connecting or eliminating suspects
 Identifying stolen property, contraband, and other illegal property
 Identifying victims, if identity is unknown
 Providing investigative leads
 Proving the statutory elements of an offense.
Two general Categories of Physical Evidence
1. Movable evidence- can be picked up at the crime scene or any other location and
transported.
2. Fixed or immovable evidence- cannot be readily removed from the crime scene because of its
size, shape or make-up.
Sources of Physical Evidence
In general, physical evidence will be obtained from the three main source:
1. The scene of the crime

2. The victim, if any
3. The suspect and his/her environments
CRIME SCENE INTEGRITY AND CONTAMINATION OF EVIDENCE
The value of evidence is directly affected by what happens to it immediately following the
crime. Evidence in an unprotected crime scene will degrade, diminish or disappear over time unless
collected and preserved. Recalling Locard’s principle of Exchange, the very act of collecting evidence,
no matter how carefully done, will result to a post-crime transfer of material-contamination.
Make sure that evidence does not lose its value-its integrity- because of a contaminated crime
scene. Integrity of evidence refers to the requirement that any item introduced in court must be in the
same condition as when it was found at the crime scene. This is documented by the chain of
evidence, also called chain of custody; documentation of what has happened to the evidence from the
time it was discovered until it is needed in court, including every person who has custody of the
evidence and why.
Guideline to be followed in the Chain of Custody:
a. The number of persons handling the evidence from the time that it is safely stored is
limited.
b. If the evidence leaves the possession of an officer, he or she should record in the notes
to whom the evidence was given, the date, the date and time and the reason it was
turned over.
c. Officers should affix his/her name and badge number to the package containing the
evidence
d. The investigator should sign a receipt or log when the items is returned
e. The investigator should check his/her identification mark on it to ensure that it is the same
item.
f. Check to determine if it is the same condition
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Fundamentals of
g. Any changes in the physical appearance of the evidence should be called to the attention
of the court.
Processing Evidence: Maintaining the Chain of Custody for Discovery to Disposal
Simply collecting physical evidence is not enough. To be of value, the evidence must be
legally seized and properly and legally processed. Processing physical evidence includes discovering
or recognizing it, collecting, recording and identifying it, packaging, conveying and storing it,
examining it, exhibiting it in court, and disposing of it when the case is closed.
Discovering or Recognizing Evidence
During a crime scene search, it is often difficult to determine immediately what is or might be
evidence. Numerous objects are present, and not all are evidence.
To determine what is an evidence, first consider the apparent crime. Then, look for any
objects unrelated or foreign to the scene, unusual in location or number or damages or broken or
whose relation to other objects suggests a pattern that fits the crime.
Collecting, Marking and Identifying Evidence
Once evidence is discovered, photograph and sketch it before collecting it. The, collect and
identify all objects that are or may be an evidence, leaving the final decision regarding the relevance
to the prosecutor.
Collecting evidence requires judgment and care. Put liquids in bottles. Protect cartridges and
spent bullets with cotton, and put them in small containers. Put other items in appropriate containers,
to preserve them for later packaging and transporting.
Take extreme care to avoid cross-contamination, that is, allowing items of evidence to touch
one another and thus exchange matter. When using the same tool for several tasks, be certain it is
thoroughly cleaned after each use to prevent the transfer of material from one piece to another.
Make your marking easily recognizable and as small as possible to reduce the possibility of
destroying part of the evidence. Mark all evidence as it is collected or received. Do not alter, change
or destroy evidence or reduce its value by the identification marking. Where and how to mark depends
of the item. A pen is suitable for some objects. A stylus is used for those that require a more
permanent mark that cannot be done with the pen, such as metal boxes, motor parts and furniture.
Other objects can he tagged, labeled or placed in containers that are then marked and sealed.
Mark or identify each item of evidence in a way that can be recognized later. Indicate the date
and case number as well as your personal identifying marks or initials.
Two Major Purposes why Evidence must be protected
1. To avoid/prevent destruction, mutilation, contamination and or alteration of physical evidence

2. To preserve and present physical evidence in similar condition when they were found
Rules to be observed in protecting the physical evidence
1. All unauthorized persons should be excluded from the crime scene

2. Numbers of persons permitted to enter the crime scene should be kept to minimum
3. Immediate action should be taken to avoid exposure of fragile evidence.
31
Fundamentals of
UNIT V
LEGAL ASPECT OF CRIMINAL INVESTIGATION
Investigators do not operate in a vacuum but must relate to constitutional safeguards. They
must also understand case law determining the parameters within which they perform the
investigative process, how these constitutional safeguards and case law specifically affect
investigations.
The Apprehension Process
If there is a crime, there is perpetrator. Apprehension process is part of the criminal

investigation. Sometimes, apprehension process is equivocated as the criminal investigation itself.
The apprehension process is summarized as follows:
1. A crime is reported, discovered or detected

2. The police responds
3. A search for the perpetrator is conducted. The search may either be:
a. Hot search- actual search of the crime scene immediately after the commission of
the crime
b. Warm search- search of the general vicinity of the crime scene
c. Cold search- investigative search
4. Suspects are identified and checked out
5. Pieces of evidence are collected to support a charge
6. The primary suspects are finally arrested
Doctrines in Criminal Jurisprudence
1. Exclusionary Rule
It is a rule of evidence which excludes evidence obtained in violation of a person’s

constitutional rights or secured through illegal means
2. Doctrine of Fruit of the Poisonous Tree
Under the exclusionary rule known as the ‘fruit of the poisonous tree’, once the
primary source (the tree) is shown to have been unlawfully obtained, any secondary or
derivative evidence (the fruit) derived from it is also inadmissible. (People vs. Alicando, 251
SCRA 293; People vs. Sequino, 264 SCRA 79)
3. Miranda Doctrine
The Miranda rights are: The right to remain silent; the right to have competent and
independent counsel preferably of his own choice; and the right to be informed of these rights.
(People vs. Logrino, 214 SCRA 519; People vs. Duero, 104 SCRA 379)
Legal Requirements of Custodial Investigation
1. Art. III Section 12 (1) of the 1987 Philippine Constitution

2. RA 7438
a. Rights of an accused during custodial investigation (People vs. Mahinay Feb 1, 1999)
b. When custodial investigation deemed to have started (People vs. Pariquit 341 SCRA
600)
3. Correct procedure that peace officers must follow when effecting (1) an arrest and in
conducting (2) custodial investigation (People vs. Galit 135 SCRA 465)
32
Fundamentals of
Search and Seizure
Search
As generally applied in criminal investigation, refers to the examination of an individual

person. Those person’ houses, papers or effects or other building and premises to discover
contraband or some evidence or guilt to be used in the prosecution of criminal case. as a general
rule, no search be conducted without a valid search warrant
Seizure
As usually applied in relation to search, seizure refers to the confiscation of a property by an

officer with legal authority to do in criminal investigation, seizure is the logical consequence of
search.
Search Warrant
A search warrant 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 personal
property described therein and to bring before the court (Sec 1 Rule 126 of Rules of Court)
RULE 14 SEARCH AND SEIZURE (2013 PNP Operational Procedures Manual)
Requisites for the Issuance of Search Warrant

A search warrant shall be issued only upon probable cause in connection with one specific
offense to be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses presented. The search warrant shall particularly describe the place to
be searched and the things to be seized which may be anywhere in the Philippines.
a. The following properties may be the objects of a search warrant:

(1) Properties which are the subject of the offense;
(2) Stolen, embezzled proceeds, or fruits of the offense; and
(3) Objects including weapons, equipment, and other items used or intended to be
used as the means of committing an offense.
b. Objects that are illegal per se, even if not particularly described in the search warrant, may
be seized under the plain view doctrine.
Validity of Search Warrant

a. The warrant shall be valid for ten (10) days from date of issuance and may be served at any
day within the said period. Thereafter, it shall be void.
b. If, in the implementation of the search warrant, its object or purpose cannot be accomplished
in one day, the search can be continued the following day, or days, until completed, provided
it is still within the ten (10)- day validity period of the search warrant.
c. If the object or purpose of the search warrant cannot be accomplished within the ten (10)-day
validity period, the responsible police officer conducting the search must fi le, before the
issuing court, an application for the extension of the validity period of said search warrant.
Time of Search
The warrant should be served during daytime, unless there is a provision in the warrant
allowing service at any time of the day or night.
Applications for Search Warrant
33
Fundamentals of
All applications for Search Warrant shall be approved for fi ling by the Chief of Office. The
application shall indicate the following data:
a. Office applying for the Search Warrant;
b. Name of officer-applicant;
c. Name of the subject, if known;
d. Address/place(s) to be searched;
e. Specific statement of things/articles to be seized; and
f. Sketch of the place to be searched.
All approved applications shall be recorded in a log book, duly maintained for the purpose,
indicating the name of the applicant, name of the respondent, nature of the offense, and date of the
application.
Authority of Police Officers when Conducting Search

In the conduct of search, if after giving notice of his purpose and authority, the police officer is
refused admittance to the place of search, he may break open any outer or inner door or window or
any part of a house or anything therein to implement the warrant or liberate himself or any person
lawfully aiding him when unlawfully detained therein.
Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant

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, in 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 indicated or
particularly described in the search warrant shall not be taken.
Inventory and Delivery of Property Seized

a. The police officer who confiscates property under the warrant shall issue a detailed receipt of
property seized to the lawful occupant of the premises, or in the absence of such occupant,
shall do so in the presence of at least two (2) witnesses of sufficient age and discretion
residing in the same locality;
b. The receipt shall likewise include items seized under the Plain View Doctrine;
c. The police officer must then leave a receipt in the place in which he found the seized property
and a duplicate copy thereof with any barangay official having jurisdiction over the place
searched; and
d. The police officer must forthwith deliver the property seized to the judge who issued the
warrant, together with an inventory thereof, duly verified under oath.
Valid Search and Seizures without Search Warrant

a. Search made incidental to a valid arrest
A person lawfully arrested may be searched for dangerous weapons or anything which
may be used or which may constitute proof in the commission of an offense, without a search
warrant. The warrantless search and seizure as an incident to a lawful arrest may extend beyond
the person of the arrested to include the premises or surroundings under his immediate control.
b. Search of moving vehicles

If the police officers who will conduct the search have reasonable or probable cause to
believe, before the search, that either the motorist is a law offender or they will find the
instrumentality or evidence pertaining to a crime in the vehicle to be searched, the vehicle may be
stopped and subjected to an extensive search.
c. Seizure of evidence in plain view
34
Fundamentals of
Any object in the plain view is subject to seizure and may be introduced as evidence.
Requirements under the Plain View Doctrine are:
 The police officer must have prior justification for an intrusion or, otherwise, must be
in a position from which he can view a particular area;
 The discovery of the evidence in plain view is unintentional; or
 It is immediately apparent to the police officer that the item he observes may be
evidence of a crime, contraband, or is a valid subject of seizure.
d. When there is waiver of the right or there is consented search

To constitute a waiver of this constitutional right, it must appear, first, that the right exists;
second, that the person involved had knowledge, either actual or constructive, of the existence of
such right; that said person had an actual intention to relinquish the right.
e. Searches Under Stop and Frisk Rule

The police officer has the right to stop a citizen on the street, interrogate him, and pat him
for weapons whenever he observes unusual conduct which convinces him that a criminal activity
exists.
f. Emergency and Exigent Circumstances

A search warrant could be validly dispensed with in cases of exigent and emergency
situation, and the police officers have reasonable grounds to believe that a crime is being
committed, and they have no opportunity to apply for a search warrant from the courts because
the latter were closed.
g. Tipped Information
If the police officers have reasonable grounds to believe that the subjects are engaged in
illegal activities, the tipped information is sufficient to provide probable cause to effect a
warrantless search and seizure.
35

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Fundamentals of

C. Different Definition of Criminal Investigation

D. Criminal Investigation as a Science and as an Art

E. Contributors to Criminal Investigation (assignment)

11. Arthur Conan Doyle

D. Basic Function of Investigators

 Weather conditions may change or destroy evidence

G. Elements of Criminal Investigation as a Process

I. Modes of Criminal Investigation

e. Assist the investigator in furnishing a brief and concise criminal investigation

TOOLS OF CRIMINAL INVESTIGATION

Four I’s of Criminal Investigation

Significance of Information in Criminal Investigation

a. Informations provide answers for the 5W’s and 1H

Techniques of Gathering Information

a. Any written or documented statement of person who possesses relevant knowledge

General Types of Informations

n. References for evaluation of the subject.

10. Refusal talk

The interrogation Session

iii. What happened after the crime was committed.

Methods of Reproducing an Interview/Interrogation

General Types of Recording

b. Strengthening a weak links or links in the chain of evidences

IDENTIFYING THE CRIMINAL

STANDARD OPERATIONS IN CRIMINAL INVESTIGATION

CRIME SCENE INVESTIGATION

2 primary objectives of CSI

 To establish what happened

Basic Nature of CSI

The SOCO Team

1. SOCO Team Leader

STAGES OF CRIME SCENE INVESTIGATION

1. Preparation and approach

Conduct of Crime Scene Investigation

Specific Functions, Responsibilities and Procedures of the First Responder, Investigation-On-

a. First Responder (FR)

b. Investigator-on-Case (IOC) /Duty Investigator

(6) It shall be the responsibility of the Provincial/City Operations Center to facilitate

Release of the Crime Scene

Crime Scene Investigation flowchart

Special SOCO Procedures

b. In suspected or reported chemical, biological, radiological or nuclear (CBRN) situations, the

CRIME SCENE SEARCH

b. Zone or Sector search pattern

CRIME SCENE DOCUMENTATION

Field notes: The basics

a. Not selective and do not show actual distances

Crime scene sketch

 Accurately portrays the physical facts

General Kinds of Sketch

Specific Kinds of Sketches

This is necessary in establishing the modus operandi of the criminal

Approaches in Crime Reconstruction

Two Kinds of Crime Reconstruction

Kinds of Physical Evidence

Ultimate Purpose of Recovering Physical Evidence

 Establishing tracing or identifying the suspects

Two general Categories of Physical Evidence

Sources of Physical Evidence

1. The scene of the crime

CRIME SCENE INTEGRITY AND CONTAMINATION OF EVIDENCE

Guideline to be followed in the Chain of Custody: