:•: ckets, photographs, and amount of money.

The investigator must not

■IT -or will suggest his true identity.

e -.“est gator should memoiize all details in connection with his assumed role
DC-: - 3* nis biography. Tested by prolonged questioning and surprise inquiries.

*e r - The investigator should be instructed not to disclose his identity or he

sr . - ::e-cover if arrested by civilian authorities. A plan or act should also be laid out
e x ~ - gency of accidental disclosure of identity.
:
- V = STATION - The scientific examination of real evidence; application of instrument
— _ • ocs r :-e physical sciences in detecting crime.

_____ - ~*e sum of these sciences insofar as they are applied to crime detection is called
_ S ~CS. In other words, the work performed in a crime laboratory is called
* * -LJSTtCS.

- CRIMINALISTICS may be defined as the recognition, identification, comparison and

- r c-iysical evidence by application of the natural sciences. INSTRUMENTATION,
er < :a<en here to mean more than criminalistics. Thus, fingerprint systems, modus
--------- ---- e e detector, and other investigative tools are contained within the scope of
the
5UMENTATION.
SCENE: the place to search for evidence

H
Te physical location where a suspect either commits an illegal act or leaves physical
^ such act.

- ~ne location at which a suspected criminal offense has occurred.

TTAL OF EVIDENCE TO CRIME LABORATORY
- --oper handling of physical evidence is necessary to obtain the maximum possible
upon which scientific examination shall be based , and to prevent exclusion as
- court. Specimens which truly represents the material found at the scene, unaltered,
Dr otherwise unchanged in handling will provide more and better information upon

.ES TO BE OBSERVED IN HANDLING ALL TYPES OF EVIDENCE

-
'T ^. dence should reach the laboratory as much as possible in same condition as when it

-e r.antity of specimen should be adequate. Even with the best equipment available, good
Dannot be obtained from insufficient specimens.
S-o—t a known or standard specimen for comparison purposes.

each specimen separate from others so there will be no intermingling or mixing of

and unknown material. Wrap and seal in individual packages when necessary.

Dean AMBROSIO P. DETRAN, Ph.D. Crim.

5 Mark and label each piece of evidence for positive identification as the evidence taken from a
particular location in connection with the crime under investigation.

5. The chain of custody of evidence must be maintained. Account for evidence from the time it is
collected until it is produced in court. Any break in this chain of custody may make the material
nadmissible as evidence.

PROCEDURE AT THE CRIME SCENE

1. Upon arrival at the crime scene

a. Record time/date of arrival at the crime scene, location of the scene, condition of the
•veather, condition and type of lighting, direction of wind and visibility.
b. Secure the scene by installing the crime scene tape or rope (police line).
c. Before touching or moving any object at the crime scene, determine first the state of
the victim, whether he is still alive or already dead. If the victim is alive, the investigator should
sxert effort to gather information from the victim himself regarding the circumstances of the
crime; while a member of the team or someone must call an ambulance from the nearest
-ospital. After the victim is removed and brought to the hospital for immediate attention,
measure, sketch, and photograph. Only a coronal or a medical examiner shall remove the dead
:ody unless unusual circumstances justifies its immediate removal.
d. Designate a member of the team or summon other policemen or responsible person
:o stand watch and secure the scene, and permit only this authorize person to enter the same.
e. Identify and retain for questioning the person who first notified the police, and other
:ossibie witnesses.
f. Determine the assailant through inquiry or observed him if his identity is immediately
apparent. Arrest him if he is still in the vicinity.
g. Separate the witness in order to get independent statements.

The initial responding officer should:

' Establish boundaries of the scene, starting at the focal point and extending outward to
rtclude:
a. Where the crime occurred.
b. Potential points and paths of exit and entry of suspects and witnesses.
c. Places where the victim/evidence may have been moved.
2. Set up barriers (e.g. ropes, cones, crime scene barrier tape, available vehicles, personnel,
pther equipment) or use existing boundaries (e.g. doors, walls, gates).
3. Document entry/exit of all people entering and leaving the scene, once boundaries have
:een established.
- Control the flow of personnel and animals entering and leaving the scene to maintain
ntegrity of the scene.
5. Effect measures to preserve/protect evidence that may be lost or compromised (e.g. protect
•'om the elements like rain, snow or wind and from footsteps, tire tracks, sprinklers).
3. Document the original location of the victim or objects that you observe being moved.
~. Consider search and seizure issues to determine the necessity of obtaining consent to search
and/or obtaining a search warrant. Establish boundaries as a critical aspect in controlling the
ntegrity of evidentiary material.

Dean AMBROSIO P. DETRAN, Ph.D. Crim.

27
—ARCHING FOR EVIDENCE

Each crime scene is different according to the physical nature of the scene and the crime or
r^ense involved. Consequently, the scene is processed in accordance with the prevailing
: - ysical characteristics of the scene and with the need to develop essential evidentiary facts
oeculiar to the offense. A general survey of the scene is always made, however, to note the
xation of the obvious traces, the probable entry and exit points used by the offenders and the
sze and shape of the area involved.
I n rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated. (In
_
s interest of uniformity, it is recommended that the clockwise movement be used). The
- .estigator examines each item encountered of the floor, walls, and ceiling to locate anything
-
at maybe of evidentiary value. You should:
a. Give particular attention to fragile evidence that may be destroyed or contaminated if it
3 not collected when discovered.
b. If any doubt exists as to the value of an item, treat it as evidence until proven
r.'erwise.
c. Ensure that the item or area where latent fingerprints may be present is closely
s * amined and that action is taken to develop the print.
d. Carefully protect any impression of evidentiary value in surfaces conducive to making
:asts or molds. If possible, photograph the impression and make a cast or mold.
e. Note stains, spots and pools of liquid within the scene and treat them as evidence.
f. Treat as evidence all other items, such as hairs, fibers, and earth particles, foreign to
re area in which they are found e.g. matter found under the victim’s fingerprints.
g. Proceed systematically and uninterruptedly to the conclusion of the processing of the
s:ene. The search for evidence is initially completed when, after a thorough examination of the
scene, the rough sketch, necessary photograph and investigative notes have been completed
and the investigator has returned to the point from which the search began. Further search may
:e necessary after the evidence and the statements obtained have been evaluated.
2. In large outdoor areas, it is advisable to divide the are into strips about four (4) feet wide. The
roliceman may first search the strip on his left as he faces the scene and then the adjoining
nips.
It may be advisable to make a search beyond the area considered to be the immediate scene
:f the incident or crime, e.g., evidence may indicate that a weapon or tool used in the crime was
: scarded or hidden by the offender somewhere within a square-mile near the scene.
5 After completing the search of the scene, the investigator examines the object or person
actually attacked by the offender, e.g. a ripped safe, a desk drawer that has been pried or a
•com from which items have been stolen, would be processed after the remainder of the scene
*as been examined for traces of the offender, in a homicide case, the position of the victim
should be outlined with a chalk or any other suitable material before the body is removed from
ne scene. If the victim has been pronounced dead by a doctor or is obviously dead, it is usually
advisable to examine the body, the clothing and the area under the body after the remainder of
Tie scene has been searched. This is to enable the policeman/investigator toe valuate all
:bjects of special interest in the light of all other evidence found at the scene.

A A m D A C T A D TYEJTT> A XT T>U
METHODS OF SEARCH

' STRIP SEARCH METHOD - In this method, the area is blocked out in the form of a
•ectangie. The three (3) searchers, A,B, and C proceed slowly at the same pace along, paths
oarallei to one side of the rectangle. When a piece of evidence is found, the finder announces
' s discovery and the search must stop until the evidence has been cared for. A photographer
s called, if necessary. The evidence is collected and tagged and the search proceeds at a given
;;gnal. At the end of the rectangle, the searchers turn and proceed along new lanes.
: THE DOUBLE STRIP OR GRID METHOD OF SEARCH - a modification of the strip search
-ethod. Here, the rectangle is traversed first parallel to the base then parallel to the side.
; SPIRAL SEARCH METHOD - In this method, the three searcher follow each other along the
:ath of a spiral, beginning on the outside and spiraling toward the center.
ZONE SEARCH METHOD - In this method, one searcher is assigned to each subdivision of
a quadrant, then each quadrant is cut into another set of quadrants.
i. WHEEL SEARCH METHOD - In this method of search, the area is considered to be
aoproximately circular. The searcher gather at the center and proceed outward along radii or
3 cokes. 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 great increase in the area
c be observed as the searchers depart from the center.
COLLECTING EVIDENCE - This is accomplished after the search is completed, the rough
sketch finished and photographs taken. Fragile evidence should be collected as they are found.
- firearms found to have tampered serial numbers (SNs) shall be automatically subjected to
nacro etching at the PNP Crime Laboratory (PNP-CL). A corresponding report to the Firearms
and Explosive Office (FEO) must be made for verification purposes. In the collection, the
-vestigator should touch the evidence only when necessary.
REMOVAL OF EVIDENCE

' The investigator places his initials, the date and time of discovery on each item of evidence
and the time of discovery one ach item evidence for proper identification.
*. Items that could not be marked should be placed in a suitable container and sealed.
RESERVATION OF EVIDENCE = It is the investigator’s responsibility to ensure that every
r'ecaution is exercised to preserve the physical evidence in the state in which it was
ecovered/obtained until it is released to the evidence custodian.
1. MAINTAINING PHYSICAL INTEGRITY OF EVIDENCE

a. Photographing - As evidence is discovered at the scene, it should be photographed

before being touched.
Purposes:
1. It serves as a permanent record of the object in the event subsequent handling
alters or destroys it
2. it gives opportunity for the judge to examine evidence which is too dangerous,
burdensome or impractical to produce in court.
3. It gives an opportunity for the investigator to review physical evidence in the case
without handling the actual objects.
 b. Packaging = Physical evidence should be packed in order to prevent loss,
tampering, breakage or deterioration. Clean bottles, envelops, bags and other
containers properly sealed will accomplish this purpose.

F.lDENCE/iTEM DESIRED CONTAINER

* -aper Envelope
1 3'ass Peg (foam)
: Prearm Box or board of exact size
- -air Wrap it first with filter paper before placing
it in an envelope
Dirt = same=
lit III

Cloth Box - Do not fold the area where there is

stain. Encircle the location of the stain
using a chalk for easy identification.
Seminal stain If moist, drop distilled water using a dropper
and use the same to collect it, then place it
in a test tube
i Blood Use an sterilized eye dropper to collect the
blood and place it in a test tube and add
saline solution.

Use saline solution to prevent coagulation

1 MAINTAINING LEGAL INTEGRITY OF EVIDENCE

a. Identification of evidence - In order to have evidence admitted in court, the officer

who originally discovered the evidence must identify the items as the same object
found at the scene.
b. Marking of evidence - The investigator generally writes or scratch the following on
each item of evidence collected:
1. Name or initial of the individual collecting the evidence
2. Dates of item was collected and transferred
3. Case number, and type of crime
4. Victim's or suspect’s name
5. Brief description of the item
c. Tagging of evidence - Objects that are not suitable for marking might be tagged. A
paper tag firmly affixed to the item of evidence can serve as a basis for alter
identification.
- Any physical evidence obtained must be tagged before its submission to the
evidence custodian.
d. Sealing of evidence - Placing articles of evidence in a paper or plastic container
and sealing it with a tape ensures the object is not improperly handled and preserves
both the legal and physical integrity of evidence. A slip of paper with the appropriate
identifying information is either enclosed in the package or affixed outside.
F»ALUATION OF EVIDENCE - Each item of evidence must be evaluated in relation to all the
: eces of evidence, individually and collectively.
I -iAIN OF CUSTODY OF EVIDENCE - A process used to maintain and document the
"onological history of the evidence. Documents should include name or initials of the

Dean AMBROSIO P. DETRAK Ph.D. Crim.

 ual collecting the evidence, each person or entity subsequently having custody of it, dates
terns collected or transferred, agency and case number, victim’s or suspect’s name, and a
r
' description of the item.
= The methodology involving the systematic searching, handling, distribution, and
untability of all evidence found at the crime scene. The documentation of every article of
r cence, from the point of initial discovery at the scene, to its collection and transport to the
*. of examination, its temporary storage and final disposal.

CHING THE SCENE

NTS TO CONSIDER

To establish admissibility, the investigator must have personal observation of the data in
r.estion. In other words, the sketch must be sponsored or verified.
I REMINDER: Sketches are not a substitute for notes or photos; they are but a supplement to
Tem.
: Types of sketches
a. Floor plan or “bird’s eye-view”
b. Elevation drawing
c. Exploded view
d. Perspective drawings
i Write down all measurements.
: - II in all the details on your rough sketch at the scene. Final sketch may be prepared at the
-T=ce.
5 Keep the rough sketch even when you have completed the final sketch.
ndicate the NORTH direction with an
arrow,
i Draw the final sketch to scale
» ndicate the PLACE in the sketch as well as the person who drew it. Use the KEY capital
=~.ers of the alphabet for listing down more or less normal parts or accessories of the place,
and numbers for items of evidence.
: Indicate the position, location and relationship of objects.
■ Methods or systems of locating points/objects on sketch:
a. Rectangular coordinates - measurements at right angles from each of two walls.
b. Coordinates constructed on transecting base line. Chose relatively fixed points for
•our base line.
c. Triangulation - Measurements made from each of two fixed objects to the point you
«ant to plot or locate so as to form an imaginary triangle. Sketch will show as many imaginary
-angles as there are objects plotted.
2 Critical measurement, such as skid marks, should be checked by two (2) investigators.
2 Measurements should be harmony; or in centimeters, inches, yards, meters. Mixed in one
s* etch.
- use standard symbols in the sketch.
5 Show which way doors swing.
■5. Show with arrow the direction of stairways.
~ Recheck the sketch for clarity, accuracy, scale , title, key.

Picon A N/TDDriCTPl U nCTD A\T DUn P-,'

 CIF1C KINDS OF SKETCHES

SKETCH OF LOCALITY - This gives picture of the scene, the crime and its environs,
ing such items such as neighboring buildings, roads leading to the location or house. In
= cases, it aids in determining whether the fire was cause by nearby inflammable property.

SKETCH OF GROUNDS - The sketch of grounds pictures the scene of the crime with its
pesrest physical surroundings (e.g. house with a garden).

1 SKETCH OF DETAILS - The sketch of details describes immediate scene only. For instance,
--= *oom in which the crime was committed and the details thereof. Cross projection method are
petals of the room wherein walls and ceiling are pictures as if they are on the same place as the
This gives a clear impression of the scene in cases where bloodstains or bullet holes are
■■d in the walls or on the ceiling.

PLEASING THE SCENE - The scene is not released until all processing has been completed.
“~e release should be effected at the earliest practicable time, particularly when an activity has
:een closed or its operations curtailed.

SCENE OF CRIME OPERATION (SOCO)

COMPOSITION OF SOCO TEAM
The SOCO team is composed of but not limited to the following depending on the nature
Jfihe case:

'earn leader
Assistant team
leader
Photographer and photographic log
recorder
Evidence and evidence recorder
Evidence recorder
Evidence recovery personnel
Driver/security

SONNEL FUNCTIONS AND RESPONSIBILITY

Team leader
a. Assume control of the crime scene. Ensure the safety of personnel as well as the
m and offenders caught in the scene and secure the crime scene from kibitzers.
b. Conduct initial survey of the crime scene for evaluating potential evidence and
ve description of the place.
c. Determine search patterns to be used and designate assignments to evidence
jasherer.d. Designate command post location in or near the crime scene and ensure exchange of
r^crmation between searcher and investigator.
e.Coordinate with other law enforcement agencies for the security of the victims,
“enders/suspects and the scene of the crime.
f. Ensure that sufficient supplies and equipment are made available for personnel
■ .olved in SOCO.

Dean AMBROSIO P. DETRAN Ph n Prim

 g. Control access to the scene and designate personnel to log persons entering the
:iace and remove Kibitzers in the area.
h. Continuously reevaluate efficiency of the search to ensure that all places are
marched properly.
i. Release the crime scene to the investigators handling the case.

I Assistant team leader

a. Shall assist the team leader in all his functions and responsibilities.
b. Assume/takeover the responsibilities of the team leader in his absence.

: Photographer and photographic log recorder

a. Photograph the entire area of the scene with overall medium and close-up coverage
-s ng appropriate scale.
b. Photograph victims, suspects/offenders arrested in the scene.
c. Photograph all evidence before collection.
d. Photograph all lateni fingerprints, impressions before lifting or casting is made,
-xewise, photograph blueprint maps and other items.
e. Prepare photograph log and photographic sketch.

A Sketcher
Perform all sketches necessary during the crime scene processing.

: Evidence recorder/custodian
a. Prepare evidence recovery log and accomplish chain of custody of evidence.
b. Conduct packaging, preservation and transportation of gathered evidence to the
.'me Laboratory.
c. Coordinate evidence nomenclature with sketcher, photographer and
evidence
nerer.
d. Receive and record all evidence recovered.
e. Maintain custody and control of evidence.
f. Observe the proper custody of evidence.
g. Coordinate transmittal of evidence to case investigators or to Crime Laboratory per
riency guidelines.
K. Evidence recovery personnel
a. have significant evidence photograph before it is collected.
b. Keep team leader always apprised of significant evidence located.
c. Initial and date all evidence and turn it over to the evidence recorder/ custodian after
Toting where the item was located
d. Coordinate evidence nomenclature with evidence recorder/custodian and sketch
spared.
e. Ensure that appropriate safety measures are adhered to especially with respect to
amper clothing including gloves.

EQUIPMENT
* BASIC EQUIPMENT
a. Crime scene tape or rope (police line)
b. Measuring device - ruler and measuring tape
c. Recording materials - chalk, sketcher and paper pad

Dean AMBROSIO P. DETRAN, Ph.D. Crim.

 d. Camera with film
e. Video camera or tape recorder
f. Evidence collection kit
g. Flashlight
EVIDENCE CONTAINERS
a. String tags - large and small
b. Evidence tape or masking tape
c. Roll of manila paper for wrapping
d. Plastic gallon
e. one-half pint bottles/vials - plastic and glass
f. one-fourth pint bottles/vials - plastic and
glass
g. Absorbent cottons
h. Rolls of fingerprint tape
i. Piastic bags - different
sizes
J. Paper bags - different sizes
Tools n. Spatula
a. Pair of scissors o. Box of plaster of paris for
b. Knife - heavy and folding knife casting or lifting foot marks
c. Adjustable wrench p. Goggles
d. Piers q. Sifting sreen
e. Wire cutter r. Ladder
f. Complete screw driver set s. Funnel of different sizes
g. saw t. Hand lens of magnifier
h. hammer u. Weighing scale
i. Ax or hachet v. vernier caliper and micro-
j. shovel meter
k. fingerprint magnifier w. Scalpels
l. Nylon brush
m. Magnet
Evidence gathering equipment
a. rubber gloves and cotton
b. Box or filter
c. White cotton sheet
d. Cotton balls and swabs
e. Fingerprint car, data card and ink
cards
f. Photo data card
g. Black and white latent print lifting
cards
h. Rolls of lifting card
i. Complete magna brush kit
j. Complete dusting kit
k. heavy duty rubber lifters
i. Camera with no wide angle, normal and macro lens
m. Arson kit
n. Casting and molding kit
o. electric engraver
Dean AMBROSIO P. DETRAN, Ph.D. Crim.
•2/1
1 Miscellaneous
a. Rubber bands
b. Pencils, ballpens, pente! pen - different colors
c. Chalks
d. Permanent flet marker
e. Eraser
f. Stapler with extra staple
g. Assorted paperclip and binders
h. notebooks, paper pads, sketch pads and drawing pads
i. Drawing compass
j. Clippers
k. magnetic directional compass
l. Carbon papers and coupon bonds

:RIME SCENE RECONSTRUCTION

- The determination of the actions surrounding the commission of a crime. Careful and
:c-npetent examination of the physical evidence , the documentation of the crime scene allows
"r: - this determination. The systematic documentation and recording of the crime scene is
■squired for this analysis.

- The use of scientific methods, physical evidence, deductive reasoning and their
~errelationships to gain explicit knowledge of the series of events that surround the
xmmission of a crime.

CRIMINAL £fcOFILING - The application of psychological theory to the analysis and

-^construction of the forensic evidence that relates to an offender’s crime scenes, victim’s
re navior. It tends to answer the question “why” or questions regarding the offender’s motive and
ment.

”YPES OF RECONSTRUCTION
PHYSICAL RECONSTRUCTION - The physical appearance of the crime scene is
■^constructed from the description of witnesses and the indication of the physical evidence.

1, MENTAL RECONSTRUCTION - From the physical reconstruction, some conclusions can be

-
ade concerning the consistency of the accounts of various witnesses. No assumption should
:e made concerning actions which are not supported by evidence. The final theory developed
r ■ the investigator should provide a line of investigative action.

STEPS IN RECONSTRUCTION
' Recognition of evidence is arguably the most important. “Unless the potential evidence can
:e recognized, no further reconstruction can be carried out.”

: Documentation and collection of evidence are the heart of any successful scene
- .estigation, and form the basis for the reconstruction.

I Evaluation of evidence = examination of evidence, possibly following laboratory analysis

and looks at what information the evidence provides, and how reliable it is. At this time, any

Dean AMBROSIO P. DETRAN, Ph.D. Crim.

•iness statements should be compared to the evidence to see which part of the statements
zan be supported or refuted by the evidence.
- Hypothesize to formulate an idea of “how” the event occurred. This is not merely guess and
srould be firmly supported by the evidence.
f Testing to see how the hypothesis developed can be validated. This is accomplished by
tracking the evidence against known physical laws or devising a test to attempt to replicate the
»»ent (or the relevant segment).
5 Reconstruction to reporting the results of the analysis. The results are reported as a range,
«-ere the event or potion of it.

ARREST, SEARCH AND SEIZURES

ARREST - The taking of a person into custody so he can answer for the commission of an
r^ense.
<Vho are exempt from arrest?

* Senators or members of the House of Representatives, while Congress is in session, in all

r'enses punishable by not more than six(6) years imprisonment.
Z Diplomatic officials and their domestics.

Duty of Arresting Officer - It shall be the duty of the officer executing the warrant without
.“necessary delay to arrest and to deliver him to the nearest police station or jail.
"echniques in Making Arrest

' initial contact with subject

a. Investigator/operative identifies himself in a dear and audible voice
b. Show identification
c. Inform the subject that he is under arrest

d. Consider the possibility that the subject is wanted for another crime

2. Methods of Arrest
a. With Warrant of Arrest - The officer shall inform the person to be arrested of
the cause of the arrest and of the fact that a warrant has been issued for his arrest,
except when he flees or forcibly resist before the officer has opportunity so to inform him
or when the giving of such information will imperil the arrest. The officer need not have
the warrant in his possession at the time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as practicable.
b .Without Warrant of Arrest - The officer shall inform the person to be
arrested of his authority and the cause of his arrest, unless the person to be arrested is
then engaged in the commission of an offense or is pursued immediately after its
commission or after an escape, or flees or forcibly resist before the officer has

Dean AMBROSIO P. DETRAN, Ph.D. Crim.

 opportunity so to inform him, or when the giving of such information will imperil the
arrest.
of a Warrant of Arrest - A warrant of arrest, even if not served within the statutory period,
r-nains valid unless recalled by the issuing court, or if the accused is arrested or has voluntarily
omitted himself to the jurisdiction of the issuing court, unlike a search warrant which has a
'etime of only ten (10) days from its date of issuance.

Alien Arrest may be Legally Effected

[1 n general, an arrest can be validly affected only upon lawful order or warrant of a competent
court or judge.
: .awful warrantless arrest:

a. When, in the law enforcer’s presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense.
b. When an offense has in fact been committed, and the officer has personal
knowledge of facts indicating that the person to be arrested has committed it.

c. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporary confined
while his case is pending, or has escaped while being transferred from one
confinement to another.

d. If a person lawfully arrested escapes or is rescued, any person may immediately

pursue or retake him without a warrant at any time and in any place within the
Philippines.

e. When the arrest is made by a bondsman for the purpose of surrendering the
accused.

f. When the accused released on bail attempts to leave the country without court
permission.

g. Violation of conditional pardon, punishable under Article 159 of the Revised Penal
Code.

PLANNING THE ARREST

' This is the responsibility of the chief team leader or officer acting in his absence.
1 If the arresting party is composed of two (2) or more members, somebody must be placed in
narge, preferably the most experienced.
: Consider the arresting party and covering party.
4 Consider protection of innocent bystanders.
5 Prevent escape of subject.
5 Make a discreet reconnaissance of the area.
Determine weapons and equipment needed.
: Consider superiority of manpower and firepower.

Dean AMBROSIO P. DETRAN, Ph.D. Crim.

£ Make the plan simple enough to be understood by the least experienced
' :oerative/investigator.
3 Consider the element of SURPRISE (Daybreak has proven satisfactory for a number of
s -ccessful arrest).
‘ . Consider overall coordination.
2. Consider concealment or cover that might be available both in effecting the arrest and
~-noving the subject from the building.
‘ 3 The briefing officer should ask the participants if they have any questions regarding the plan.

AMO MAY EXECUTE ARREST? Among others, members of the PNP and the NBI may effect
arest.

-OW TO EFFECT ARREST?

* In general, an arrest is made by an actual restraint of the person to be arrested, or by his
5-bmission to the custody of the person making the arrest.

- No violence or unnecessary force shall be used in making an arrest, and the person
nested shall not be subjected to any greater restraint than is necessary for his detention (Sec.
1 Rule 113).

I. Making the arrest - Use good judgment in connection with the arrest and assume that the
i. bject is armed and will take your life if given an opportunity.

3 Arrest on the street

a. This should be made from the side or rear when possible.
b. Subject should be forced toward a building.
c. Avoid congested areas when possible.

A Arrest at home, office or business establishment

a. Restrict the subject’s movement. Do not grant requests for personal privileges
before
being searched.
b. Clothing an other things requested should be examined for weapons or items of
evidence before turning them over to the subject.

"ERRITORIAL EFFECTIVITY OF A WARRANT OF ARREST

- Warrants of arrest issued by Metropolitan Trial Courts, Municipal Trial Courts or
Municipal Circuit Trial Courts can be served anywhere in the Philippines without a certification
: a judge of the Regional Trial Court (Supreme Court circular No. 14, 22 Oct 85).

DUTY OF PERSON MAKING AN ARREST WITHOUT A WARRANT

- Any person making an arrest on legal grounds shall, without delay and within the time
r^escribed under Art. 125 of the RPC, take the person arrested to the proper court or judge for
icoropriate action. However, it is not the physical delivery of the arrested person that is required
-- ber Art. 125 of the RPC, but the filing of an information against the arrested person in the
:roper court, where the judge has the authority to issue an order of release or of confinement.

n^on D ACTD A XT TIL I-'.

I PERIODS WITHIN WHICH PERSON ARRESTED WITHOUT A WARRANT SHOULD BE
CHARGED IN THE PROPER FORUM
- Executive Order No. 272. dated 25 July 1987, amended Article 25 of the RPC by
extending the period authorized to detain a person prior to delivery to the judicial authority, to
wit:
a. six (6) to twelve (12) hours for crimes or offenses punishable with light penalties;
b. nine (9) to eighteen (18) hours for crimes or offenses punishable with correctional
penalties; and
c. eighteen (18) to thirty-six (36) hours for crimes or offenses punishable with afflictive
or capital penalties.
RIGHT OF ATTORNEY OR RELATIVE TO VISIT PERSON ARRESTED.
- Any member of the bar shall, at the request of the arrested person or of another on his
cehaif have the right to visit and confer privately with such person, in jail or any other place of
custody at any hour of the day or, in urgent cases, of the night. This right shall be exercised by
any relative of the person arrested subject to reasonable regulation (Sec. 14, Rule 113).
- Executive Order No. 155, dated 30 March 1987, amending Republic Act No. 857,
canalizes any public officer who deprives a person of his right to counsel. The penalty shall be
crision correctional or imprisonment of six (6) months and one (1) day to six (6) years.
MEDICAL EXAMIANTION OF ARRESTED PERSON/SUSPECT
- Immediately after the arrest of a person ordered arrested by the court, or of a suspect
-nder investigation, he should be subjected to a medical examination. Prior to his release or any

I
cnange of custody, the suspect should aiso be medically examined by a medico-legal officer or,
n the absence of such medico-legal officer, by any government physician in the area.
SUMMONING ASSISTANCE FOR THE ARREST
- Any officer making a lawful arrest may verbally summon as many person as he deems
-ecessary to aid him in making the arrest. Every person so summoned shall aid him in the
-aking of such arrest., when he can render such and without detriment to himself (Sec. 10,
Rule 113).
RIGHT OF PERSON ARRESTED
- Republic Act No. 7438 states the rights of a person arrested, detained or under
custodial investigation.
SEARCH - An examination of an individual's person, house, papers or effects, or other buildings
nd premises to discover contraband or some evidence of guilt to be used in the prosecution of
= criminal action.
SEARCH WARRANT - An order in writing issued in the name of the People of the Philippines,
cgned by a judge and directed to a peace officer, commanding him to search for personal
:-operty described therein and to bring it before the court (Sec 1, Rule 126).
TEMS TO BE SIEZED - A search warrant may be issued for the search and seizure of the
"diowing personal property:
a. Property subject of the offense;

Aiv/rm?ncTn P DFTR AN. Ph.D. Crim.

 b. Property stolen or embezzled and other proceeds or fruits of the offense; and
c. Property used or intended to be used for committing an offense. (Sec 2, Rule 126).

PROBABALE CAUSE REQUIRED FOR A SEARCH WARRANT

- Probable cause means that sufficient facts must be presented to the judge issuing the
warrant to convince him that circumstances sufficiently establish the need for the issuance of
the warrant.
MAY THINGS ILLEGALLY SEIZED BE ADMITTED IN EVIDENCE?
- The fruits of an illegal search are INADMISSIBLE as evidence. Any evidence obtained
in violation of the right of the people against unlawful searches an seizures shall be inadmissible
for any purpose in any proceeding (Sec 392), Art. 111,1987 Phil. Constitution).
MAY ARTICLES NOT MENTIONED IN THE SEARCH WARRANT BE SEIZED?
- Generally articles not included in the search warrant may not be seized. However,
articles prohibited by a statute, although not included in the search warrant may be seized.
Thus, if during the progress of a bonafide search for other commodities illegally possessed,
whether with search warrant or not, contraband or items declared as illegal per se are
discovered, the contraband can be seized. The seizure of goods, the possessing of which is
•'orbidden by statute, violates no constitutional right of the accused.
HOW TO SERVE A SEARCH WARRANT?
- A search warrant must be served within ten (10) days from its date (thereafter, it shall
Devoid) (Sec 9, Rule 126) in the following manner:
a. The police officer concerned must go to the place indicated in the search warrant
and take the things described therein, in the presence of at least one competent
witness who is a resident of the neighborhood. If he is refused admittance to the
place of search after giving notice of his purpose and authority, he may force himself
in to execute the warrant; and if he is detained therein, he may force himself out to
liberate himself (Sec 6, Rule 126).
b. The search must be made at daytime, unless otherwise stated (Sec 8, Ibid).

c. The officer seizing the property must issue a detailed receipt of the things seized
from the person in whose possession it was found, or in the absence of such person,
he must, in the presence of at least one (1) witness, leave such receipt in the place
where such things were seized. (Sec 10, Ibid).
c. 1 In compliance with this procedure, it has been standard practice to issue
a
RECEIPT FOR PROPERTY SEIZED after a seizure. The receipt is signed by the
seizing officer only and two (2) witnesses. Recent Supreme Court decisions,
however, declare that such receipt when signed by the accused, is in effect an
extrajudicial confession of the commission of the offense charged. (People vs. de
las marinas, G. R. No. 87215, 30 April 91; and People vs. Manyao G. R. No.
84525, 6 April 92). Consequently, if the accused does not sign such receipt, it
may still be used in evidence. Moreover, if the accused DID in fact sign the
receipt, but he signed it with the assistance of a lawyer of his choice, that act
would constitute a valid waiver of his right against self-incrimination.

A AT O Dn c r np TYCTR ATST Ph D Trim

 A

c. 2 It must be noted that in the case cited above, the crime charged is
possession of prohibited drugs. Thusfthe signature of an accused on the receipt
is a declaration against interest and a tacit admission of the crime charged, as,
mere unexplained possession of prohibited drugs i^lpunisbabjaThe
therefore not a hardand harsh^ule as far as the “Receipt of Property (Seized? is
concerned. If the crime charged ispossession of unlicensed forearm s, for
example, the doctrine .would/apply^ln other cases, it will not apply.

c. 3 Another document which is made after a search is a CERTIFICATION

OF
PROPERTY SEIZED. This is signed by the owner of the seized property, and
would seem to fall more under the cotfrt pronouncement above than the “Receipt
for Property Seized” does.
d. As mush as possible, during the opening of safes, drawers, cabinets, tables, etc,, the
lifting of the articles should be done by the owner of the house or his authorized
representative, or by immediate members of his family, to preclude any suspicion of
theft or planting of evidence.

d. Thereafter, the officer must immediately deliver the things or property seized to the
judge who issued the warrant, together with an inventory duly verified under oath.
(Sec 11, Ibid).
LAWFUL WARRANTLESS SEARCHES AND SEIZURES

1. When there is consent or waiver. To be a valid waiver, the right must exist, the owner must
be aware of such right, and he must have an intention to relinquish it.

2. When the evidence to be seized is in “plain view.” The discovery of the evidence must be
inadvertent or unintentional.
3. Customs search or searches made at airports/seaports in order to collect duties. This
warrantless search is allowed due to urgency.
4. Search of moving vehicles may be made without a warrant because it would be
impracticable to secure a search warrant before engaging in "hot pursuit.”
5. Routine searches made at or in the interest of national security, such as border checks or
checkpoints.
6. Stop-and- search or stop-and-frisk, where the search precedes the arrest, and as allowed
on grounds of reasonable suspicion.

7. Search incidental to a lawful arrest. A person lawfully arrested may be searched for
dangerous weapons or anything may be used as proof of the commission of an offense, without
a search warrant. (Sec 12, Rule 126).
SEARCHES OF PERSON ARRESTED

1. “Probe" do not “pat” A woman operative should be used to search females.

2. The need to handcuff the subject. Dangerous and violent criminals, as well as escapees from
prisons and escape artists, must be handcuffed.
3. Do not stop the search when an weapon is found.
4. Look for items which may be used to commit suicide.
5. Look for items of evidence.
6. Searchers should never cross the line of fire.
7. Do not talk to subjects in the course of the search.
8. Do not grant subject’s request to attend to something before , during and immediately after
the search.
9. In a search by a single officer, have the gun ready with the hand at a distance from the
subject.
10. Be sure to search for every part of the body and clothing.

TYPES OF SEARCHES
1. Wall Search - The purpose is to place the subject in an “off-balance” position requiring the
use of both arms and legs to keep him from falling to the ground. This is the safest type of
search. It does not necessarily require a wall, any object that can support the weight of the
subject (such as a car) can be used. The procedures are:
a. Require subject to place both hands on the wall slightly higher than his waist. Spread
hands as far apart as possible. Palms should be placed against the wall, fingers
extended.

b. The subject’s feet must be extended back away from the wall as far as possible.
Spread then far apart as possible, toes pointed out. Buttocks should not be on arched
position.

c. The subject’s hand should be down or bowed at all times.

d. Mechanics in executing the wail search:
d. 1 If there is one subject, the leader of the search should place himself at
one
side, while his subordinate is on the other side;
d. 2 To search the other side, the subordinate should move to the opposite
side;
d. 3 If there are two or three subjects, move one subject to be searched on
the
wall but out of reach of the others;
d. 4 Search both sides of subject, the leader conducting the searches and the
subordinate guarding the other subjects;
d. 5 Move one subject at a time;
d. 6 Subject’s head should be down at all times;
d.7 The subordinate concentrate on the actions of the subject and not the action
of the leader;
d.8 When there are more than three subjects, additional personnel should be
summoned;
d.9 In serious apprehensions, the searcher should hold his weapon in ready
position throughout the search;
 d. 10 The body must be searched systematically with the foot of the searcher
placed tightly against subject’s foot, right with right, left with left, ankiebone against
anklebone;
d.11 Remove any object found, then examine the palm of the hand, including
between the fingers.
2. Standing Search
a. Raise subject’s hand over his head and spread his feet far apart as possible.
b. This is not recommended because the subject is in the “on-balance" position.
Kneeling Search
a. Subject kneels on the ground with hands raise over his head.
b. this is also discouraged for the same reason as the standing search.
- Prone Search
a. Subject lies on his stomach with arms and legs outstretched.
b. Subject has both arms and legs free and is at all times in an “on-balance" position.
c. Front part of clothing cannot be searched.
d. This can be extremely dangerous if the subject has knowledge of judo.
METHODS OF RESTRAINT: HANDCUFF
- The best method of restraint, if applied properly, is a good preventive measures; but if
mproperly applied, it could be dangerous.
1. How handcuff are applied
a. Take position directly behind the subject.
b. The handcuff is applied when the subject has placed his hand on his back.
c. Do not reach out for the hands of the subject as it ill provide him with an opportunity to
grasp the hand of the investigator and throw him off-balance.

2. When applying handcuffs, give the following orders to the subject and follow this
Drocedure:
a. First order: “Take your right hand off the wall and place it on your back.”
Fasten the handcuff to this hand and firmly hold the other handcuff.

b. Second order; “Move up and put your hand against the wall.” Allow the subject
to move closer to the wall, making certain his feet remain back far enough him “off-
balance.”
c. Third order: “Take your other hand off the wall and place it on the small of your
back." Fasten the other handcuff and double-lock both handcuffs.
e. Final order: “Stand up and face the wall.” Help the subject in doing this.

RAID - A surprise invasion of a building or area. It is small-scale attack of a limited territory.

Legal Basis: A raid must be legal, having its basis in lawful process and conducted in a
egai manner. This will be in the form of a search warrant or warrant of arrest. The raid may be
in pursuit of a person reasonably believed to be guilty of a felony when it is known that the
•‘elony has just been committed.

Dean AMBROSIO P. DETRAN. Ph.D. Crim.

43
OBJECTIVES:
1. Effect an apprehension;
2. Obtain evidence of illegal activity by surprising the offenders in flagrante delicto;
3. Recover stolen property.
1. Size of raiding party.
2. Speed.
3. surprise.
4. Superiority of arms.
5. Simplicity of plan and operation.
COMPOSITION OF RAIDING PARTY
1. Raid commander, assistant raid commander, covering or surrounding party;
2. going-in detail or entering party;
3. In charge of raiding vehicles;
4. In charge of rendering inoperative the subject’s vehicle , if any;
5. Recover who should keep an accurate log of the raid, gather evidence, make inventories and
testify in court; and
5. Photographer,
DUTIES OF COVERING OR SURROUNDING PARTY
1. Covers approach of going-in detail or entering party.
2. Prevents the escape of criminals.
3. Covers the entire area of the building.
4. Neutralizes fire of barricaded criminals.
DUTIES OF GOIN-IN OR ENTERING PARTY
1. Calls for surrender of criminals.
2. Effects arrest.
3. Incapacitates and dislodges criminals.
4. Searches for evidence.
UNDERTAKING
- As in purely military operations, a raid, to be successful must have the following
elements:
1. Mission
2. Reconnaissance
3. Plans
4. Instructions
5. Orders
6. Execution
PLANNING THE RAID
- The success of the raid depend upon intelligent planning and competent
implementation. To achieve the necessary elements of surprise, the operation must be
performed surreptitiously and with speed.
a. The terrain and buildings should be subjected to close study.
b. In order to obtain the necessary data for planning, a reconnaissance/surveillance of
the place should be conducted.
c. The participants should be informed of the nature of the mission.
d. The specific assignment and position of each member of the raiding party, the tactics
to be employed, the equipment and transportation to be used, the evaluation of
possible danger points, and the optimum time to be selected should be stressed.
e. Things to consider when planning a raid:
e. 1 Need for surveillance
e. 2 Number of individuals to be apprehended. Are they armed? With what? If
uncertain, assume they are armed.
e. 3 Are photographs and descriptions of subjects available for use in the briefing?
e. 4 Determine the physical structure of the place where the criminals are located

Dean AMBROSIO P. DETRAN, Ph.D. Crim.

 e. 5 Determine all possible escape routes
e. 6 Need to discreetly photograph the place and immediate area
e. 7 type of neighborhood where the hideout is located
e. 8 Volume and kind of activities in the neighborhood at various times (to determine
the most desirable time to conduct the raid)
e. 9 Street plans of neighborhood for possible road blocks
e. 10 Do the men have confidence in the ability of the raid leader?
e.11 Consider:
- Speed - in moving into position and the execution of the plan.
- Surprise - catch subject off-guard
- Simplicity - a pian that is easy to remember and understand; this avoids
confusion.
e.12 consider dividing the raiding party into:
- Cover group moves into position on first, covers advance of raiding party
and avenues of escape
- Raid group: disarm and restrain subjects, searchers premises secures
evidence, etc
e.13 Does every member of the raiding party know the raid plan completely? The
identities and duties of all?
e.14 What is your move-out plan?
e.15 What are the instructions concerning the use of firearms?
e.16 What are the instructions concerning the possible handling of traffic?
e.17 What are the instructions concerning communications, signals, etc?
e.18 How do you identify each other? Arm band, password, insignia ,etc?
e.19 Make sure your plan avoid cross fires?
e.20 Do you have all the equipment you might need, such as flashlights,
searchlights, vehicles, transceivers, loudspeakers, firearms, teargas, etc.
e.21. Ask each participant to repeat his duties to the raid leader.
RAID OPERATION
Coordination of individual efforts is an essential element in the success of a raid. The
aiding party should act as a team. The members of the team must thoroughly understand the
objectives, the plan of action and the orders. Each man should hold his assigned position until
his orders are changed by the team leader. Before leaving the headquarters to the target, the
team leader must conduct a final briefing of personnel. Assembly of the team at a designated
area should not be too close to the target, they must not show the appearance of a formal
gathering. The raiders’ vehicle must be safeguarded to prevent its use by the subjects. Vehicles
which belong to the subject should be rendered inoperative by the simplest available means.
Men should be posted, depending on the number to cordon the area to prevent possible
escape and restrain people from wandering. In the event that the suspect fails to heed the
warning to surrender, entry must be made through one point to avoid mis-encounter. Upon
completion of the raid, guards should be designated to protect the property and to observe or
apprehend associates of the suspect. Reassembly at a designated place for a final accounting
of all members of the raiding team.
COORDINATION WITH THE LOCAL POLICE STATION
It is imperative that immediately before the service of a search warrant, the team leader
should see to it that proper coordination is made with the commander of the local police station
having jurisdiction over the target premises. The coordinating party will inform the local station
that their team is conducting an operation in their area. This gesture of coordination is not only a

Dean AMBROSIO P. DETRAN, Ph.D. Crim.

46
manifestation of courtesy but also a safety measure to avoid the possibility of a mistake
encounter.

DON’TS IN A RAID
1. Don’t take unnecessary chances.
2. Don’t underestimate the ability or courage of the subject.
3. Don’t raid when not property prepared.
4. Don’t endanger the lives of bystanders.
5. Don’t use raiders not well-acquainted with each other.
6. Don’t forget gas masks when employing teargas.
7. Don’t be unnecessary rough on the subject.
8. Don’t shoot to kill unless very imperative.
9. Don’t touch the evidence unless seen by witnesses, or by the owner or occupant of the place.

Dean AMBROSIO P. DETRAN, Ph.D. Crim.

47