CRIMINAL DETECTION AND INVESTIGATION

PART ONE

FUNDAMENTALS OF INVESTIGATION AND ANALYSIS

TERMS TO PONDER

▪ Criminal Investigation - is an art that deals with the identity and

location of the offender and prove his guilt in a criminal
proceeding.

▪ Criminal Investigation- it is the systematic method of inquiry

that is more a science than an art. The logic of scientific method
must however, be supplemented by the investigator's initiative and
resourcefulness. The sequences of the investigation should be
regarded by scientific, operating framework that requires
improvising on the part of the investigator.

▪ Criminal Investigation is an Art – based on intuition, felicity of

inspiration or by chance; and a Science – based on adequate
professional preparation and abundance of certain qualities

▪ Investigator - is the person who is charged with the duty of

carrying out the objectives of criminal investigation. He is an
individual who gathers documents and evaluates facts about
crime.

▪ Corpus delicti - the actual commission of the crime charged. It

refers to a particular crime and signifies that specific offense had
been actually committed by someone being composed of two
elements: that certain results were produced, that someone is
criminally responsible.

▪ Cardinal Points - refers to the 5Ws +1H of investigation, looking

for answer to - What crime was committed? Who was the
perpetrator? When was the violation of the law made? Where the
crime happened? Why did the criminal commit the crime? How
was it committed?

▪ Crime analysis - is the systematic study of crime and disorder

problems as well as other police-related issues including
sociodemographic, spatial, and temporal factors, to assist
the police in criminal apprehension, crime and disorder reduction,
crime prevention and evaluation.
INVESTIGATION VERSUS ANALYSIS

▪ Investigation is the act of investigating. A process of inquiring into

or following up; research; study; thorough inquiry or examination
of a subject under investigation.

▪ Analysis is an in-dept probe into all the characteristics of a

problem and the factors contributing to the problem, and
decomposing it into components in order to understand a complex
thing, concept, or theory.

QUALITIES OF AN INVESTIGATOR

▪ Professionalism - is a quality required for any career stream. As a

professional investigator, you have to be extremely professional.
This goes a long way in building credibility and reputation in your
field. You have to be committed to the tasks you undertake and
have an inclination towards continuous improvement and
excellence.

▪ Integrity - One of the most important virtues of a professional

investigator is integrity. As an investigator, you will be dealing with
a variety criminal cases where you would have access to people’s
private lives. It’s up to you to be discreet and confidential about
your work and to not use this information in ways that is
inappropriate.

▪ Persistence - Investigating cases of fraud and crime can be

frustrating at times. This is because, most criminal require
persistent and proactive work until the end when the case is
closed. Basically, a professional investigator does not have the
option of giving up.

▪ Self-driven - when you are a professional investigator, you are

mostly working tirelessly on your own. You do not have someone
else directing your work. It is you who decides everything. So, in
order to be a successful professional investigator, you have to be
self-driven.

▪ Problem Solver - You need to have analytical skills and the ability
to think logically. Only a good problem solver will be able to work
under immense pressure and successfully close the case.

▪ Reliable - when people come to you with their private cases, you
have to be able to give them the assurance that you will help them

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 with their problem. People should have complete faith in your
ability to investigate cases and unmask the culprit. You should be
reliable and keep your client up to date on all progress.

▪ Courage - the job of a professional investigator can be risky at

times. You might have to deal with people who are potentially
unsafe for you. You should be prepared to deal with all kinds of
situations to become a successful professional investigator.

HISTORICAL FEATURES IN CRIMINAL INVESTIGATION

▪ 1750s, ENGLAND - Henry Fielding - appointed as magistrate

(sheriff) for the areas of Westminster and Middlesex, London. He
formed the historic Bow Street Runners and a group of police
officers attached to the Bow Street Court, not in uniform, but
performing criminal investigative functions.

▪ 1753, ENGLAND - John Fielding – the younger brother of Henry

Fielding who took over the control of Bow Street Court in 1753. His
investigators Bow Street Runners became quite effective because of
his personal guidance despite the fact that he was blind. He
introduced the practice of developing paid informants, printing
wanted notices, employing criminal raids, and bearing firearms
and handcuffs.

▪ 1759, USA – U.S Congress created the office of the General and
Revenue Cutter Service - the first organized federal law
enforcement and investigative effort made by the US government.

▪ 1800, LONDON - Patrick Colquhoun - a Scottish merchant,

statistician, magistrate, and founder of the first regular preventive
police force in England. He proposed the unique idea of creating
sizeable uniformed force to police the city of London in order to
remedy the public outcry concerning the alarming increase of
criminality during the early 1800s.

▪ 1811, FRANCE - Eugene Vidocq - was a criminal who turned

Paris Investigator and criminalist. He was being credited as the
founder of LA SURETE, France’s National Detective Organization.
He was known as “thief-catcher” in France, popularizing the
concept of “set a thief to catch a thief”. He also introduced the
concept of ‘Trade Protection Society’, which is the forerunner of our
present-day credit card system.

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▪ 1829, LONDON - Robert Peel - founder and chief organizer of the
London Metropolitan Police – the Scotland Yard. He reiterated the
idea of creating sizeable police force in his recommendations,
which lead to the passage of the Metropolitan Police Act. He
introduced the techniques of detecting crimes such as: detectives
concealing themselves, and secretly photographing and recording
conversations.

▪ 1833, ENGLAND - The Scotland Yard - employed the first

undercover officer. On almost the same year, America introduced
the first daytime paid police department, established in
Philadelphia.

▪ 1835, USA – The Texas Rangers - organized as the first law

enforcement agency with statewide investigative authority, the
forerunner of the Federal Bureau of Investigation.

▪ 1839 - Birth year of Photography - William Henry Fox Talbot

explained a photographic process he had invented to the Royal
Society of London. Jacques Mande Daguerre gave a public
demonstration in Paris of his discovery - a photographic process he
developed in collaboration with Nicephore Niepce – an investor of
photography, and a pioneer in this field.

▪ 1842 - Scotland Yard created the first full-time investigative unit,

which is a forerunner to the Criminal Investigation Division of
present-day New Scotland Yard.

▪ 1851, USA - Multi-suspect ID Line-Up was introduced for the

first time in Boston Massachusetts.

▪ 1852, USA - Charles Dickens - through his story entitled Bleak

House, he introduced the term detective to the English language.

▪ 1852, USA - Allan Pinkerton - most famous private investigator

and founder of Criminal Investigation in America. He established
the practice of handwriting examination in American courts and
promoted a plan to centralize criminal identification records.

▪ 1856, USA - Kate Warne - first woman detective in the history of

criminal investigation. She was hired by the Pinkerton Agency.

▪ 1859, USA - Appellate courts recognized or accepted photographs

as admissible evidences when they are relevant and properly
verified.

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▪ 1865, USA - US Secret Service was founded to investigate
counterfeiting activity in post-civil war America.

▪ 1866, USA - Inspector Thomas Byrnes - A New York Chief of

Detectives introduced the Modus Operandi File.

▪ 1866, USA – Infamous Jesse James Gang - made the first bank
hold-up which mark the beginning of the gang’s 15-year hold-up
and robbery spree.

▪ 1877, ENGLAND - Howard Vincent – headed the newly organized

Criminal Investigation Department of the Scotland Yard.

▪ 1882, FRANCE - Alphonse Bertillon – A French Police Clerk who

introduced and established the first systematic identification
system based on Anthropometrical Signalment (or Anthropometry)
he is considered as the “Founder of Criminal Identification”.

▪ 1884, USA - The Chicago Police Department - established the

first American Criminal Identification Bureau.

▪ 1887, Dr. Arthur Conan Doyle – creator of Sherlock Holmes,

popularized the Scientific Criminal Investigation through the
fictional detective Sherlock Holmes and his friend.

▪ 1892, ENGLAND - Francis Galton - An Englishman who

published his study on classifying fingerprints. While other
scientists were studying fingerprints in their biological nature,
Galton recognized their uniqueness and potentiality/significance in
criminal identification.

▪ 1893, GERMANY - Hans Gross - An Englishman who published a

handbook for Examining Magistrates in Munich, Germany and
advocated the use of scientific methods in criminal investigation
process.

▪ 1948, SCOTLAND – Team Policing - A new concept was

introduced in the field of criminal investigation. In team policing,
there is no patrol division or criminal investigation per se. In this
system, a team of police officers is assigned to patrol and
investigate all criminal matters within their area of jurisdiction or
district. Team policing required that police officers who respond to
a call regarding a criminal case should investigate the case to its
conclusion.

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 ▪ 1954, USA – Dr. Paul Kirk – best known American criminalist
who headed the Department of Criminalistics at the University of
California.

▪ 1961, USA - Mapp vs. Ohio – US Supreme Court ruled the

illegally obtained evidence is inadmissible in state criminal
prosecutions – establishing the “doctrine of the poisonous tree”.

▪ 1965, USA - Office of Law Enforcement Assistance - forerunner

of the Law Enforcement Assistance Administration (LEAA) was
established to fund and coordinate administration, research and
training in criminal justice.

▪ 1966, USA - MIRANDA vs. ARIZONA - US Supreme Court

established procedural guidelines for taking criminal confessions –
the “Miranda Doctrine”.

DEVELOPMENT OF CRIMINIL INVESTIGATION IN THE PHILIPPINES

▪ 1712, Carabineros de Seguridad Publico - organized for the

purpose of carrying out the policies or regulations of the Spanish
government. The members were armed and considered as the
mounted police. Later, they discharge the duties of a part, harbor,
and a river police.

▪ 1836, Guardrilleros - A body of rural police organized in each

town, which was established by the Royal Decree of January 8,
1836. This police force was composed of 5% of the able-bodied
inhabitants in each town or province, and each member will serve
for at least 3 years.

▪ 1852, Guardia Civil - An organization created by the Royal Decree

issued by the Spanish Crown Government on February 12, 1852.
It relieved the Spanish Peninsular Troops of their works in policing
towns. It consisted of a body of Filipino policemen organized
originally in each of the provincial capitals of the Central provinces
of Luzon under the command of Alcalde (Governor).

▪ 1901, Organic Act No. 175 – established the Insular Police Force
- the Philippine Constabulary (PC) - first organized police force in
the Philippines, under US Philippine Commission.

▪ 1917, Revised Administrative Code, Section 825 - The law

stated that the Philippine Constabulary is a national Police
Institution for preserving the peace, keeping the order and
enforcing the law.

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▪ 1935, Philippine Constitution - Article III, Section 17 (1) - The
law provides that in all criminal prosecutors, the accused shall -
enjoy the right to be heard by himself and counsel.

▪ 1966, Republic Act No. 4864 – co-authored by Rep. Teodulo

Natividad, passed to became known as the Police Act Of 1966,
which created the Office of the Police Commission (POLCOM), the
forerunner of present-day National Police Commission
(NAPOLCOM).

▪ 1975, Presidential Decree No. 765 – constitution of the

Integrated National Police (INP), which stipulated that the office of
the NAPOLCOM be under the office of the Ministry of the National
Defense. It also defined the relationship between the Integrated
National Police and Philippine Constabulary (PC/INP).

▪ 1983, MORALES vs. JUAN PONCE ENRILE - this case made the
Miranda Warning clear – during police custodial investigation, the
accused must be appraised of his right to remain silent with
explanation that anything that he might say may be used against
him in the court of the law; right to talk to a lawyer, a relative, or a
friend, and have a lawyer ready and a friend present while he is
being questioned; and right to the appointment of a lawyer if he
cannot afford one.

▪ 1985, PEOPLE vs. GALIT - The right to a counsel maybe waived

but the waiver, to be valid, must be made with assistance of a
counsel.

▪ 1987, Philippine Constitution - Article III stipulated the Bill of

Rights.

▪ 1990, Republic Act No. 6975 - The DILG Act of 19190, creating
the tri-bureau – PNP, BJMP, and BFP.

▪ 1998, Republic Act No. 8551 – PNP Reform and Reorganization.

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TOOLS OF INVESTIGATION

▪ Information- the knowledge, which the investigator gathered, and

acquired from other person through observation, personal study,
research, experience etc.

It is classified into three such as:

Regular Sources- These are records and files from schools

and police etc.

Cultivated Sources- These are information coming from

informers and informants.

Grapevine Sources- These are information coming from the

underworld people such as criminals, prisoners or ex-convicts.

▪ Interview and Interrogation

Interview- is a relatively formal conversation for the purpose

of obtaining information.

Interrogation- is the systematic questioning of a person

suspected of involvement in a crime for the purpose of obtaining a
confession.

Field Inquiry - the General Questioning of a person

conducted by the investigator.

▪ Instrumentation - refers to the application of instruments and

methods of physical science in the detection of crime such as
fingerprints, photography, polygraphy, ballistics etc.

METHODS OF IDENTIFYING CRIMINALS

▪ By Confession or Admission of the Criminal himself

Confession- it is the direst acknowledgement by the accused

in a criminal case of truth of his guilt as to the crime charged or of
some parts of the commission of the criminal act itself.

Admission- it is the statement of the facts by the accused in

a criminal case which do not directly involved the
acknowledgement of guilt in the commission of crimes for which he
is charged.

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 Rules to be observed in taking Confession or Admission

a. Confession or admission must be taken preferably in writing

and under oath; otherwise it is not admissible as evidence.
b. It must be written in language understood by the accused, if
not, it should be translated to the language or dialect known
to the accused.
c. It must be freely and voluntarily given.
d. Under the 1987 Constitution, it must be taken in the
presence of a lawyer chosen personally by the accused.

▪ By Identification of Witnesses

Verbal Description – also called Portrait Parle, vividly

describing in words the appearance of a person by comparing and
thru personal appearance.

Photographic files - rogues gallery, mug shots

General photograph- files of photograph in any given

establishment.

Composite Sketches - drawing or sketching the description

of a person’s face by the cartographer. Cartography - the art of
sketching the image of a person or the art of making map

Police line-up - selecting the suspect from a group of

innocent persons to eliminate the power of suggestions as factor of
identification

Bases of the eyewitness in the identification of criminal

a. Face - forehead, eyebrow, mustache, eyes, ears, cheeks,

mouth, lips, teeth, chin, jaw, etc.
b. Neck - shape, length, Adam’s apple
c. Shoulder - width and shape
d. Waist - size, shape of the abdomen
e. Hands - length, size, hair, condition of the palms
f. Fingers - length, thickness, stains, shape of nails and
condition
g. Deformities (cross eyed, limping and etc.)
h. Teeth
i. Gait

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METHODS OF TRACING CRIMINALS

▪ Use of Informants

Informants- refer to a person who gives information to the

investigator.

Informer - refers to a person who gives information to the

investigator by reason of price, reward or favor.

▪ Through Surveillance

Surveillance- it is the disguised or secret observation of

persons, place and vehicles for the purpose of obtaining
information regarding the identity or activity of the subject.

Surveillant- it is the person who disguises or observes

secretly the persons, place and vehicles for the purpose of
obtaining information regarding the identity or activity of the
subject. In other words, it is the one who observes the subject.

Subject - refers to the persons, places or vehicles being

watched by the Surveillant.

Overt Surveillance - it is also known as Open Surveillance

because the subject knows that he is being tailed.

Covert Surveillance - otherwise known as Closed

Surveillance, since the subject is no aware that he is being
watched.

Casing – Surveillance of a place, reconnaissance or survey

Roping – surveillance of things or events, observing

movements and patterns with value to an investigation.

Tailing or Shadowing - the act of following a subject,

surveillance of a person.

Loose Tail - this is used when the surveillant would like to

know the general impression of the subject’s habits and associates.

Rough Tail - this could be done even without special

precaution since the subject is aware that he is being followed.

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 Close Tail - this is done with so much precaution from
losing the subject where constant surveillance is necessary.

▪ Undercover Assignment

Undercover Assignment- a form of investigation in which

the investigator assumes a different and unofficial identity for the
purpose of obtaining necessary information regarding the identity
and location of the subject.

PHASES OF CRIMINAL INVESTIGATION

▪ Preliminary Investigation - identify the criminal through

confession; eyewitness testimony; circumstantial evidence; and
associative evidence.

▪ Follow-Up Investigation - trace and locate the perpetrator/s.

▪ Final Investigation - evidence gathered are enough that can be

enough to prove the guilt of the suspect/s.

INVESTIGATIVE TECHNIQUES

▪ Interview - is the questioning of a person believed to possess

knowledge that is in official interest to the investigator.

Importance of Interview - considering that the person

interviewed usually gives his account of an incident under
investigation or offers information concerning a person being
investigated in his own manner and words.

Basic Assumptions – nobody has to talk to law enforcers.

No law compels a person to talk to the police if he does not want
to. Therefore, people will have to be persuaded, always within legal
and ethical limits, to talk to law enforcers. This makes interviewing
an art.

Person Interviewed – Considerations: His ability to observe,

ability to remember, ability to narrate, mental weakness because of
stupidity or infancy, his moral weakness because of drunkenness,
drug addiction, his being a pathological liar or similar factors, and
emotional weakness resulted by family problems, hatred, revenue,
and love.

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 Interviewer’s Personal Traits - He must be a practical
psychologist who understands the human psyche and behavior,
has a sincere interest in people; clam, has self-discipline, and
keeps his temper; courteous, decent and sensitive; self-assumed
and professional. He is tactful, i.e. he knows what to say when and
how to say it; cordial and agreeable, and never officious but he
should avoid over-familiarity it; forceful, persistent and patient;
analytical; flexible and cautious; good actor and can conceal his
own emotion; avoids third degree tactics and never deviates from
the fundamental principle that a person must be treated according
to humanitarian and legal precepts; he keeps the rules of evidence
in mind.

▪ Interrogation - is the questioning of a person suspected of having

committed an offense or of a person who is reluctant to make a full
disclosure of information in his possession which is pertinent to
the investigation.

Purposes of Interrogation - obtain information concerning

the innocence or guilt of suspect; obtain a confession to the crime
from a guilty suspect; induce the suspect to make admissions;
know the surrounding circumstances of a crime; learn of the
existence and location of physical evidence such as documents or
weapons; learn the identity of accomplices; develop information
which will lead to the fruits of the crime; develop additional leads
for the investigation; discover the details of any other crime in
which the suspect participated.

Interrogation Preliminary Conduct - the interrogator

should identify himself at the outset and state in general the
purpose of the interrogation. He must advise the suspect of his
rights against self-incrimination and inform him that he does not
have to answer questions and that, if he does answer, these
answers can be used as evidence against him. he must inform the
suspect of his right to counsel and that a state appointed counsel
will be made available without cost to him if he so desires. No
questioning of the suspect unless the latter has definitely waived
his right to be silent. Ordinarily the investigator should be alone
with the suspect and, of course, the latter’s lawyer, if he has
requested counsel.

Interrogation Room – the room should provide freedom

from distractions. If should be designed simply to enhance the
concentration of both the interrogation and the subject on the
matter under questioning.

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▪ Interrogation Techniques – the following are some of the
techniques practiced by experienced investigators:

Emotional Appeals – place the subject in the proper frame

of mind. The investigator should provide emotional stimuli that will
prompt the subject to unburden himself by confiding. Analyze the
subject’s personality and decide what motivation would prompt
him to tell the truth, then provide those motives through
appropriate emotional appeals.

Sympathetic Approach – the suspect may feel the need for

sympathy or friendship. He is apparently in trouble. Gestures of
friendship may win his cooperation.

Kindness – the simplest technique is to assume that the

suspect will confess if he is treated in a kind and friendly manner.

Extenuation – the investigator indicates he does not

consider his subject’s indiscretion a grave offense.

Shifting the Blame – the interrogator makes clear his belief

that the subject is obviously not the sort of person who usually
gets mixed up in a crime like this. The interrogator could tell from
the start that he was not dealing with a fellow who is a criminal by
nature and choice. The trouble with the suspect lies in his little
weakness – he like liquor, perhaps, or he is excessively fond or
girls or he has had a bad run of luck in gambling.

Mutt and Jeff – two agents are employed. Mutt, the

relentless investigator, who is not going to waste any time because
he knows the subject, is guilty. Jeff, of the other hand, is obviously
a king-hearted man.

▪ Interrogation Based on Type of Offender

Emotional Offenders - have a greater sense of morality.

They easily feel remorse over what they have done. The best
approach in interrogating this type of offender is the sympathetic
approach.

Non-Emotional Offenders - normally do not feel any guilt,

so the best way to interrogate them is through the factual analysis
approach, that is, by reasoning with the subject and letting him
know that his guilt has already been, or will soon be, established.

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▪ Interrogation of Suspect Whose Guilt is Definite

a. Maintain an attitude that shows that you are sure of yourself

when you conclude that the subject is indeed guilty.
b. Don’t be very friendly with the subject and do not offer a
handshake.
c. At the outset, accuse the subject of lying. If he reacts with
anger, this usually indicates innocence. But if he remains
calm, you can generally conclude that your suspicion of guilt
confirmed.
d. Interruption of questioning by the subject may indicate
innocence. Silence is equated is equated with guilt.
e. Do not allow the subject to repeatedly deny his guilt.
f. Assume that the subject is guilty and proceed to ask why he
committed the act.
g. When interrogating a “big shot,” it may be useful to lower his
status by addressing him by his first name, instead of using
a title of respect.
h. Remember that one who is trained in criminal interrogation
is easier to question than an ordinary criminal since he has
less confidence in himself as a liar.
i. The subject should be made aware of the fact that the
interrogator knows information indicating his guilt and that
the interrogator is not merely “fishing” for evidence.
j. Let the subject know that he is showing signs of deception,
some of which are - pulsation of the carotid (neck) artery,
excessive activity of the Adam’s apple, avoiding the eyes of
the interrogator, swinging one leg over the other foot
wiggling, wringing of the hands, tapping of fingers, picking
fingernails, etc., dryness of the mouth, swearing to the
truthfulness of assertions. Guilty subjects to strengthen
their assertions of innocence frequently use this.
k. “Spotless Past Record” – “Religious Man.” These are asserted
to support statements, which the subject knows, and
realizes the interrogator knows, to be false.
l. A “Not That I Remember” or “As Far as I Know” expression
should be treated as a veiled admission or half-truth.
m. Sympathize with the subject by telling him that anyone else
under similar conditions or circumstances might have done
the same thing.
n. Reduce the subject’s guilt feeling by minimizing the moral
seriousness of his offense.
o. In order to secure the initial admission of guilt, the
interrogator should suggest possible reasons, motives or
excuses to the subject.

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 p. Sympathize with the subject by condemning his victim.
During the questioning, the interrogator should develop the
notion that the initial blame, or at least some the blame, for
the crime rests upon the victim; condemning the subject’s
accomplice. But the interrogator must be cautious so that
the subject as leniency or exculpation from liability does not
misinterpret his comments; condemning anyone else upon
whom some degree of moral responsibility might be placed
for the commission of the crime.
q. In encouraging the subject to tell the truth display some
understanding and sympathy. Show sympathy through a pat
on the shoulder (usually reserved for men who are either
younger that or of the same age as the interrogator, or
emotional offenders), or gripping the subject’s hand. Care
must be taken with female offenders, who might consider
any physical contact with the interrogator as a sexual
advance.
r. Tell the subject that even if he was your own brother (or any
other close relative), you would still advise him to speak the
truth. Convince the subject to tell the truth for his own
moral or mental well being
s. The “friendly-unfriendly” act. This is much like the Mutt and
Jeff system discussed earlier. The only difference is that this
act seems more effective if done by a single interrogator
playing both roles. Point out the possibility of exaggeration
on the part of the accuser or victim or exaggerate the nature
and seriousness of the offense itself.
t. Early in the interrogation, have the subject situate himself at
the scene of the crime or in some sort of contact with the
victim or the occurrence. Seek an admission of lying about
some incidental aspect of the occurrence by achieving this,
the subject loses a great deal of ground, bringing him nearer
to the confession stage, because he can always be reminded
by the interrogator that he has not been telling the truth.
u. Appeal to the subject’s pride well-selected flattery or by a
challenge to his honor. Flattery is especially effective on
women subjects.
v. Point out the uselessness of lying. Point out to the subject
the grave consequences and futility of a continuation of his
criminal behavior.
w. Rather than seek a general admission of guilt, first ask the
subject a question regarding some detail of the offense, or
inquire as to the reason for its commission.
x. When co-offenders are being interrogated and the previously
described techniques have been ineffective, play one against
the other. This is effective because when two or more

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 persons have collaborated in the commission of a criminal
offense and are later apprehended for questioning, there is
usually a constant fear on the part of each participant that
one of them will “talk,” in exchange for some leniency or
clemency.

▪ Interrogation of Suspect Whose Guilt is Uncertain

a. Ask the subject if he knows why he is being questioned. Ask

the subject to relate all he knows about the crime, the
victim, and possible suspects.
b. Obtain from the subject detailed information about his
activities before, during and after the occurrence under
investigation. This is a good method of testing the validity of
the subject’s alibi.
c. Where certain facts suggestive of the subject’s guilt are
known, ask him about them rather casually and as though
the real facts were not already known, to give the subject an
opportunity to lie. His answer will furnish a very good
indication of his possible guilt or innocence, and if he is
guilty, his position becomes very vulnerable when confronted
with the facts possessed by the interrogator.
d. At various intervals, ask the subject certain pertinent
questions in a manner, which implies that the correct
answers, are already known.
e. Refer to some non-existing incriminating evidence to
determine whether the subject will attempt to explain it; if he
does, that is an indication of guilt.
f. Ask the subject whether he ever thought about committing
the offense or one similar to it. If the subject admits he had
thought about committing it, this fact is suggestive of his
guilt.
g. In theft cases, if the suspect offers to make restitution, that
fact is indicative of guilt.
h. Ask the subject whether he is willing to take a lie-detector
test. the innocent person will almost always immediately
agree to take practically any test to prove his innocence,
whereas the guilty person is more prone to refuse to take the
test or to find excuses for not taking it, or for backing out of
his commitment to take it.
i. A subject who tells the interrogator, “All right, I’ll tell you
what you want, but I didn’t do it,” is, in all probability,
guilty.

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 ▪ General Suggestion for Interrogation of Criminal Suspects

a. Interview the victim, the accuser, or the discoverer of the

crime before interrogating the suspect.
b. Be patient and persistent. Never conclude an interrogation at
a time when you feel discouraged and ready to give up;
continue for a little while longer.
c. Make no promises when asked, “What will happen to me if
tell the truth?” A promise of leniency or immunity may
induce an innocent to confess.
d. View with skepticism the so-called conscience-stricken
confession.
e. When a subject has made repeated denials of guilt to
previous investigators, first question him, whenever
circumstances permit, about some other, unrelated offense
of a similar nature of which he is also considered to be
guilty.
f. An unintelligent, uneducated criminal suspect, with a low
cultural background should be interrogated on a
psychological level comparable to that usually employed in
the questioning of a child.

▪ Interrogation Witnesses and Other Prospective Informants

a. Give the witness or prospective informant an assurance that

the offender will not harm him or any member of his family,
and that there is a witness protection program specially
designed to meet that contingency when it becomes
necessary.
b. If such witness or prospective informant refuses to cooperate
with the police, try to sever any bond between him and the
offender, and proceed to interrogate the witness or informant
as if he were the suspect.

DEVELOPMENT AND CONTROL OF INFORMANTS

▪ Confidential Informant – a confidential informant is an individual

who supplies information on a confidential basis with the
understanding that his identity will not be made known.

▪ Need for Informants - Informants increase accomplishment in all

areas of investigation. Without confidential informants, the officer’s
source of information is limited to what he gets through formal
interview. Informants enable law enforcers to infiltrate the criminal
element and help lower criminal morale. Advance information
improves crime prevention and enables the police to find out the

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 identity of transient hoodlums. Informants are an investigative
“short cut’ to solve cases, to recover stolen property, and to make
apprehensions.

▪ Finding Criminal Informants

a. Legitimate persons and criminals

b. Hoodlums, criminals, fences, bookies, barbers, bartenders,
poolroom and dancehall operators, prostitutes, madams,
pawnbrokers, cab drivers, bell hops, service station
attendants, waitresses and others. A class in themselves is
persons who had been accused or suspected of a crime.
c. Persons engaged in certain occupations should be
considered.

▪ Developing Confidential Informants

a. Constant need. No matter what our scientific development

might be, there will always come that time when we will need
informants.
b. Development of confidential informants should therefore be a
continuous process.
c. Evaluation of the individual being considered as possible
informant - Does he have access to information? Can he
develop the trust of his associates? Intelligence and physical
courage; his criminal record and background; his pattern of
behavior
d. Basic considerations - contact must be made in a neutral
place. The officer making the contact should not be in
uniform or in police vehicles. Contact should be made in
such a manner that the informant’s association with the law
enforcement agency would not be disclosed. Get the informer
e. away from his local habitat to a place where he is not known.
Call him by phone and let him set the time and place.

f. Plan the Interview as to the Type of Approach

Return of favor – even small favors can help a lot in

developing informants. These may be extended in various
ways.
Monetary consideration – there may be times when an
officer has to pay for information. one must make sure he
gets his money’s worth. Do not overpay or you will have a
professional informant.

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 Appeal to prospect’s ego – men on the beat
(patrolmen/investigators) have a good opportunity of
developing informants.
Development of “friendship” – this helps because the
informant respects the officer. This is accomplished by
friendly acts of the officer to the possible informant himself
or his relatives.
Involvement in illegal activity – the illegal activity serves
as pressure on the possible informant. The attitude toward
him, though, should be “put up or get out”.
Fear motive – fear of the police or of his associates
Revenge and Perverse motives – to eliminate competition,
for example.
Bad publicity – Especially applicable to businessmen

▪ The Officer’s Ability

a. Develop an informant to the point that he respects you.

b. Secrecy in contacts cannot be over-emphasized. It helps
maintain the confidence of the informant. You may use
fictitious names over the phone. Contact should be discreet
and the meeting place frequently changed.
c. The informant may expect a few favors in return. – Make him
understand that your association with him does not give him
the license to operate illegally. You must have him
understand also that he is not an employee of the police even
though he is being paid for the information. It may be
necessary to hold something over his head.
d. Be sure that your informant does not brag about his
association with you
e. Make sure he is giving you good information. test him with
facts you know.
f. Do not allow yourself to be interviewed by an informant.
g. Give him the facts he needs to know, and nothing more.

▪ Use of Informants

a. Maximum benefit – the confidential informant should be

used for the maximum benefit of the entire organization, not
of only one officer/investigator.
b. A designated executive should be aware of the identity of the
informant - at least two individuals in the law enforcement
agency should know the identity of a confidential informant.
This gives him the feeling that he is really cooperating with
the police. It is also possible that something might happen to
you, which would mean the loss of the informant to the

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 entire police force. Besides the officer who developed the
informant, it is suggested that the other be a rank-officer to
give the informant a feeling of importance.
c. Consider a program within your respective commands for the
development of informants.
d. Keep records as to the ability of your men to develop
informants.
e. Keep records as to the accomplishments of each of the
informants. This should tell you who among the informants
should be discarded.
f. Keep records as to fugitives apprehended, loot recovered and
cases given to you.
g. Maintain a tickler system to review your informant’s
contribution to your command.

CRIME SCENE INVESTIGATIONS

▪ Crime Scene Investigation - It is an investigation conducted by

the investigator or group of investigators in the area where crime is
committed.

▪ Golden Rule at the Crime Scene - “Never touch or move any

object in the crime scene unless sketching, photographing and
measuring are completely and thoroughly done.”

PROCEDURE AT THE CRIME SCENE

▪ Upon Arrival at the Crime Scene

a. Record time/date of arrival at the crime scene, location of

the scene, condition of the weather, condition and type of
lighting direction of wind and visibility
b. Secure the crime 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 status of the victim, whether he is still
alive or already dead. If the victim is alive the investigator
should exert 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 hospital. After the victim is remove and
brought to the hospital for medical attention, measure,
sketch, and photograph. Only a coronal or a medical
examiner shall remove the dead body unless unusual
circumstances justifies its immediate removal.

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 d. Designate a member of the team or summon other policemen
or responsible persons to stand watch and secure the scene,
and permit only those authorized people to enter the same.
e. Identify and retain for questioning the person who firs
notified the police, and other possible witnesses.
f. Determine the assailant through inquiry or observed him if
his identity is immediately apparent. Arrest him if he still in
the vicinity.
g. Separate the witnesses in order to get independent
statements.

▪ Recording - As a rule, do not touch, alter or remove anything at

the crime scene until the evidence has been processed through
notes, sketches and photographs, with proper measurements.

▪ Searching for Evidence - A general survey of the scene is always

made, however, to the location of obvious traces of action, the
probable entry and exit points used by the offender(s) and the size
and shape of the area involved.

a. The investigator examines each item encountered on the

floor, walls, and ceiling to locate anything that may be of
evidentiary value.
b. In large outdoor areas, it is advisable to divide the area into
strips about four (4) feet wide. The policeman may first
search the strip on his left he faces the scene then the
adjoining strips.
c. It may be advisable to make a search beyond the area
considered to be immediate scene of the incident or crime.
For example, evidence may indicate that a weapon or tool
used in the crime was discarded or hidden by the offender
somewhere within a square-mile area near the scene.
d. After completing the search of the scene, the investigator
examined the object or person actually attacked by the
offender.

▪ Methods of Crime Scene Search

a. Strip Search Method - the area is blocked out in the form of

a rectangle. The three (3) searchers A, B, and C proceed
slowly at the same place along paths parallel to one side of
the rectangle. When a piece of evidence is found, the finder
announces his discovery and the search must stop until the
evidence has been cared for. A photographer is called, if
necessary. The evidence is collected and tagged and the

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 search proceeds at a given signal. At the end of the
rectangle, the searchers turn and proceed along new lanes.

b. Double Strip or Grid Method - is a modification of the Strip

Search Method. Here, the rectangle is traversed first parallel
to the base then parallel to a side.

c. Spiral Search Method - In this method, the three searchers

follow each other along the path of a spiral, beginning on the
outside and spiraling in toward the center.

d. Zone Search Method - In this method of search, the area is

considered to be approximately circular. The searchers
gather at the center and proceed outward along radii or
spokes. The procedure should be repeated several times
depending on the size of the circle and number of searchers.
One shortcoming of this method is the great increase in the
area to be observed as the searcher departs from the center.

▪ Collecting Evidence - is accomplished after the search is

completed, the rough sketch finished and photographs taken.
Fragile evidence should be collected as they are found. All firearms
found to have tampered serial numbers shall be automatically
subjected to macro etching at the Crime laboratory. A
corresponding report to the Firearms and Explosive Office must be
made for verification purposes. In the collection, the investigator
should touch the evidence only when necessary.

▪ Removal of Evidence – the investigator places his initials, the

date and the time of discovery on each item of evidence and the
time discovery on each item of evidence for proper identification.
Items that could not be marked should be placed in a suitable
container and sealed.

▪ Tagging or Evidence - Any physical evidence obtained must be

tagged before its submission to the evidence custodian.

▪ Evaluation of Evidence - Each item of evidence must be

evaluated in relation to all other evidence, individually and
collectively.

▪ Preservation of Evidence - is the investigator’s responsibility to

ensure that every precaution is exercised to preserve physical
evidence in the state in which it was recovered/obtained until it is
released to the evidence custodian.

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 ▪ Releasing the Scene – the scene should not be release until all
processing has been completed. The release should be made at the
earliest practicable time, particularly when an activity has been
closed or its operations curtailed.

PHOTOGRAPHING THE CRIME SCENE

▪ Photography-is an art of producing an image by action of light

with the aid of image forming device known as camera and
chemical process involved therein.

▪ Kinds of Photograph

a. Over-all-Photographs – these are should be carried

clockwise until at least four general view photographs have
been taken.
b. Photographs of the Deceased- are views showing the
relationship of dead body with the surrounding.
c. Photographs of Article of Evidence - are photographs of
blood stains, weapons or any other evidence in the crime
scene.
d. Special Photographs - refers to those photographs taken
and developed with the used of special techniques like
Photomicrography, cinematography, ultra violet and
infrared, radio and projection work.
e. Photographs of the Environment
f. Photographs of the Wounds
g. Photographs of the Body after removal

SKETCHING CRIME SCENES

▪ Admissibility - to establish admissibility, the investigator must

have had personal observation of the data in question. In other
words, the sketch must be sponsored or verified. Sketches are not
a substitute for notes or photos; they are but a supplement to
them.

Types of sketches - Floor plan or “bird’s-eye view”;

Evaluation drawing; Exploded view; and Perspective drawings. Fill
in all the detail on your rough sketch at the scene. Final sketch
may be prepared at the office. Keep the rough sketch even when
you have completed the final sketch.

Measurement - indicate the North direction with an arrow.

Draw the final sketch to scale. Indicate the place in the sketch as
well as the person who drew it.

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 Use the Key – capital letters of the alphabet for listing down
more or less normal parts of 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 Rectangular coordinates. Coordinates
constructed on transecting base line. Choose relatively fixed points
for your baseline. Triangulation - measurements made from each
of two fixed objects to the pint you want to plot or locate so as to
form an imaginary triangle. Sketch will show as many imaginary
triangles as there as object plotted.

Critical Measurement Check - two (2) investigators should

check critical measurements such as skid marks. Measurements
should be harmony; or in centimeters, inches, yards, meters,
mixed in one sketch. Use standard symbols in the sketch. Show
which way doors swing, show with arrow the direction of stairways.
Recheck the sketch for clarity, accuracy, scale, and title key.

▪ Type of Crime Scene Sketch

a. Rough Sketch- made at the crime scene, no scale,

proportion ignored and everything is approximate
b. Finished Sketch- for courtroom presentation, scale and
proportion are strictly observed.
c. Sketch of locality - gives a picture of the crime scene in
relation to its environs including neighboring buildings,
roads, etc.
d. Sketch of grounds - includes the crime scene and its
nearest environment, ex a house w/ a garden
e. Sketch of details - describes the immediate crime scene
only.

RECONSTRUCTION OF THE CRIME SCENE

▪ Crime Scene Reconstruction - is the assessment made by the

investigator after the crime scene investigation, of how the crime is
committed.

▪ Kinds of Reconstructing the Scene Crime

a. Physical Reconstruction - is based on the physical

appearance of the crime scene mainly focused on the pieces
of the physical evidence.

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 b. Mental Reconstruction - conclusion could be formulated
based on the physical reconstruction taking into account all
available pieces of evidence.

KINDS OF PHYSICAL EVIDENCE

▪ Corpus Delicti - these are articles that are essentials parts of the
body of the crime.
▪ Associative Evidences - these are materials which link the
suspect to the offense committed.
▪ Tracing Evidences - are objects which assist the investigator in
locating the perpetrator/s

ALTERATION OF EVIDENCE - the act of mutilating, altering and

contaminating physical evidence.

▪ Intentional Damage - Evidence should be protected against

malicious destruction.
▪ Negligence and Accident - Utmost care against accidental
markings on documents, breakage and destruction of fragile
materials must be observed.
▪ Natural Cause - Exposure of some evidences may result to its
deterioration. High temperature and humidity may affect certain
types of evidence

NOTE: Chain of Custody - refers to the number of persons who handled

the evidence from the time of its discovery up to the ultimate disposition
of the case. This should be minimizing as much as possible.

THE SCENE OF CRIME OPERATION (SOCO)

▪ SOCO Team - the SOCO team is composed of but not limited to

the following depending on the nature of the case: Team Leader,
Assistant team leader, Photographer and photographic log
recorder, Sketcher, Evidence Recorder, Evidence Recovery
Personnel, Driver or Security

▪ Basic Equipment - Crime Scene tape or Rope (Police Line),

Measuring device e.g. ruler and measuring tape, Recording
materials e.g. chalk, sketcher and paper pad, Camera with film,
Video camera or tape recorder, Evidence collection kit, Flashlight

▪ Evidence Containers - String tags-large and small, Evidence tape

or masking tape, roll of manila paper for wrapping, Plastic gallon,
½ pint bottles/vials-plastic and glass, ¼ pint bottles/vials-plastic

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 glass, Absorbent cottons, Rolls of fingerprint tape, Plastic bags-
different sizes, Paper bags-different sizes

▪ Tools - Pair of scissors, Knife-heavy duty and folding knife,

Adjustable wrench, Pliers, Wire cutter, Complete screw driver set,
Saw, Hammer, Ax of hatchet, Shovel, Fingerprint magnifier, Nylon
brush, Magnet, Spatula, Box of plaster of Paris for casting or lifting
foot marks, Goggles, Sifting screen, Funnels of different sizes,
Ladder, Hand lens of magnifier, Weighting scale, Vernier caliper
and micrometer, Scalpels

▪ Evidence Gathering Equipment - Rubber glove and cotton, Box

or filter, White cotton sheet, Cotton balls and swabs, Fingerprint
car, data card and ink cards, Photo data card, Black and white
latent print lifting cards, Rolls of lifting card, Complete magna
brush kit, Complete dusting kit, Heavy duty rubber lifters, Camera
whit no wide angel, normal and macro lens, Arson kit, Casting and
molding kit, Electric engraver

▪ Miscellaneous Items - Rubber bands, Pencil, ball pens, pentel

pen-different color, Chalks, Permanent flat marker, Eraser, Stapler
with extra staple, Assorted paper clip and binders, Notebooks,
paper pads, sketch pads and drawing pads, Drawing compass,
Clippers, Magnetic directional compass, Carbon papers and
coupon bonds.

SCIENTIFIC AIDS TO CRIMINAL INVESTIGATION

▪ Scientific Tools - Fingerprinting (Dactyloscopy), Photography,

Forensic Chemistry, Medico-legal, Forensic Ballistics, Questioned
documents examination, Polygraph Examination, DNA Analysis

▪ Deoxyribonucleic Acid (DNA) - is a chemical substance found in

all cells of living organism whose composition have been passed on
from parents to offspring. It is called as the genetic or hereditary
material. A person’s DNA is the same in every cell. It is contained
in blood, semen, skin cells, tissue, organs, muscle, brain cells,
bone, teeth, hair, saliva etc.

Chemically, it is an acid and is composed of three sub-

units, namely - the phosphate group; a deoxyribose sugar, and one
of the four bases – Adenine (A), Thymine (T), Cytosine (C) and
Guanine (G)

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 Biological Evidence amenable for DNA Analysis - blood
and bloodstains, semen and seminal stains, hair with follicle/root,
saliva and buccal cells, tissues and skin cells, organs, bone
marrow and bones, teeth.

Cases where DNA Analysis maybe useful - Sexual assault

cases like Rape, Murder, Homicide, Robbery, Hit and run,
Extortion, Paternity cases, identification of remains in mass
disaster.

▪ Identifying DNA Evidence

EVIDENCE POSSIBLE LOCATION OF SOURCE OF DNA

DNA ON THE EVIDENCE
baseball bat or handle, end sweat, skin, blood,
similar weapon tissue
hat, bandanna, or inside sweat, hair, dandruff
mask
eyeglasses nose or ear pieces, lens sweat, skin
facial tissue, cotton surface area mucus, blood, sweat,
swab semen, earwax
dirty laundry surface area blood, sweat, semen
toothpick tips saliva
used cigarette cigarette butt saliva
stamp or envelope licked area saliva
tape or ligature inside/outside surface skin, sweat
bottle, can, or glass sides, mouthpiece saliva, sweat
used condom inside/outside surface semen, vaginal or rectal
cells
blanket, pillow, surface area sweat, hair, semen,
sheet urine, saliva
“through and outside surface blood, tissue
through bullet
bite mark person’s skin or clothing saliva
fingernail, partial scrapings blood, sweat, tissue
fingernail

▪ DNA typing or profiling - is a procedure wherein DNA extracted

from the evidentiary sample as well as from the reference biological
samples obtained from the victim and suspect are analyzed and
processed to generate a particular pattern or profile for each
sample. This profile is unique for each person except from identical

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 twins. The patterns are compared either with that of a known
individual to determine a match, or a set of possible relatives to
determine consanguinity.

▪ Stages of DNA Analysis

Extraction – to obtain the DNA material from the specimen.

Two commonly used methods are Chelex, DNA IQ (rapid methods)
and organic extraction.

Quantitation - to determine the amount of DNA material

extracted from the sample. NBI make use of the QUANTIBLOT kit
which is human specific and highly sensitive up to picogram level.

DNA Amplification - by PCR (Polymerase Chain Reaction)–

to make many copies of specific DNA fragment. PCR is a synthesis
reaction that is repeated for a number of cycles and results in
exponential accumulation of the specific DNA fragment. The
thermal cycler is the machine that does this PCR and is compared
to a Xerox machine.

▪ Admissibility of DNA evidence - under the rules of evidence,

expert opinion on specialized knowledge must be relevant to the
question at issue; that is, it must assist the trier of fact to
understand the evidence or to determine a fact in issue. In short,
expert opinion based on the scientific method must be (1) relevant
to the fact in issue, and (2) must be scientifically valid. Relevance
requires a valid scientific connection to the pertinent area of
inquiry so that it will be admitted as evidence.

▪ People v. Hubert Webb, et. al. - admissibility of DNA evidence

was squarely raised in this celebrated case. This case involved a
sinister plan to gang rape the teen-aged victim. From the recitation
of facts in the decision of the trial court, there were various
sources of DNA evidence which could have been presented by
either the prosecution or the defense. Unfortunately, the
opportunity to use DNA evidence to conclusively prove the guilt or
the innocence of the accused was lost.

- End of Part 1 -

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