CRIMINAL INVESTIGATION

Kinds of Criminal Investigation

Generally speaking, there are only two kinds of criminal investigation:
1. Investigation while the suspect is under arrest and detention; and
2. Investigation while the suspect is “at large”. It means that the suspect is not
under arrest or detention, as distinguished from fugitive from justice

The Four Phases of Criminal Investigation

1. The identification of criminal.
2. The criminal is traced, located and arrested.
3. The facts or evidence to prove the guilt of the accused are gathered.
4. Pieces of evidence are presented in court.

Components of Criminal Investigation

1. PATTERN Refers to a series of similarities that may link particular cases or
indicate that the same person is committing a series of crimes.
2. LEADS These are clues or pieces of information that aid in the progress of an
investigation.
3. TIPS Specifically refer to leads provided by the citizens that aid in the
progress of an investigation.
4. THEORIES Beliefs regarding the based on the evidence, patterns, leads, tips
and other information developed and uncover in the case.

Trichotomy of Criminal Investigation

1. Training Being a critical factor in developing good and competent investigator, is the
key to freedom from bandage of ignorance.
2. Tools To establish facts and develop evidence, a criminal investigator must use
these tools-information, interview, interrogation, and instrumentation.
3. Technique Essence of tactical strategy in investigation.

Forms of Investigation
1. Formal Investigation
● It refers to official inquiry conducted by a government agency in an effort to uncover
facts and determine the truth.
● It is usually considered as some form of inquiry concerning of criminal activity.
2. Inquest
● It is an effort to search the basic cause of an incident such as the commission of a
crime.
3. Inquisition
● A more historical description than a current usage to describe any penetrating
investigation concerning a religious issue.
4. Probe
● Similar to formal investigation, is an extensive, searching inquiry
conducted by a government agency.
5. Research
● It is the most employed type of investigation refers to the careful, patient investigation
done by scientist or scholars in their efforts to identify original sources of data or
causes of problem.
6. Investigative Reporting
● Relatively speaking, is a recent type of investigation pursued by the members of the
press on their own initiative. It is designed to satisfy two purposes.

✔ To attract readers/viewers

✔ To get to the roots of the problem

Categories of Criminal Investigation according to John S. Dempsey

1. Criminal Investigation vs Non-Criminal Investigation

● Criminal Investigation - carried out by the police.
● Non-Criminal Investigation - involves on non-criminal incidents or events .
2. Reactive Investigation vs Proactive Investigation
Reactive Investigation - initiated on the basis of a complaint.

Categories of Reactive Investigation

a. Walk-through
● Suspect is easily determined and located.
b. Where-are-they
● Suspect has been tentatively identified but has not been located.
c. Whodunit
● This is a case in which no suspects are initially identified.

Proactive Investigation - these are designed to catch a criminal in the act of

committing a crime.
a. Decoy operations a re of blending and decoy types to catch criminals in flagrante
delicto .
b. Undercover operations usually in the form of buy-bust and entrapment.
● Buy-bust operation
● Entrapment

3. Overt Investigation vs Covert Investigation

a. Overt Investigation - openly.
b. Covert Investigation - in secret.

Basic Steps In Crime Scene Investigation

1. Recognition - involves the efforts of identifying data, including physical things that
may provide relevant information regarding the criminal case being investigated.
2. Collection - refers to the act of gathering those identified data or facts, or physical
things that are significant to the case under investigation.
3. Preservation - includes act of keeping the collected evidences in their true and
original for, preventing contamination or destruction of its substantive value.
4. Evaluation - the process of determining the probative value of the evidence.
5. Presentation- it is the function that is primarily manifested inside the courtroom.

STARTING POINTS OF CRIMINAL INVESTIGATION

1. State the problem
2. Form hypotheses
3. Observe and experiment
4. Interpret data
5. Draw conclusions
THE SIX (6) CARDINAL POINTS OF INVESTIGATION
1. WHO QUESTIONS : These are questions used to inquire on the identity of the
victims or offended party, name of suspect, accomplices, accessories and witnesses of
the crime.
2. WHAT QUESTIONS : The purpose of these types of questions is to find out what
happened or what took place before, during and immediately after the commission of
the offense.
3. WHERE QUESTIONS : These are questions that localize the place of the incident-
the city or town, the district or barangay, the street or road, the number of the house or
building. Where questions are necessary in specifically pinpointing the particular
location of the crime scene.
4. WHEN QUESTIONS: These are questions needed to determine and fix the time,
day, month and year when the crime was committed. When questions should be
specified and as accurate as possible.
5. WHY QUESTIONS: These are questions that endeavor to ascertain the motives,
causes, antecedents, previous, incidents, related facts, background occurrences that
might help explain the commission of the offense.
6. HOW QUESTIONS : These are designed to help the investigator determine how the
crime was committed, the means/tools are employed, the crime was discovered, and
the culprit enters the building/room.
The Golden Rule in Criminal Investigation
The golden rule states “ Do not touch, alter, move, or transfer any object at the
crime scene unless it is properly marked, measured, sketched and/or
photographed .”
The purpose of this rule is to avoid the mutilation, alteration and contamination
(MAC) of the physical evidences found at the crime scene.
THREE TOOLS OF INVESTIGATION

1. INFORMATION
It is the knowledge/data which an investigator acquired from other persons and
records.

Classes of Information
a. Regular Sources – records, files from government and non-government
agencies, news items.
b. Cultivated Sources – information gathered upon initiative of the investigator
from informants, vendors, taxicab driver, GRO, and others.
c. Grapevine Sources – these are information coming from the underworld
characters such as prisoners and ex-convicts.
2. INTERVIEW AND INTERROGATION
INTERVIEW – Is a conversation with a purpose, motivated by a desire to obtain
certain information from the person being interviewed as to what was done, seen, felt,
heard, tasted, smell or known.
This is the questioning of a person believed to possess knowledge that is in
official interest to the investigator.
INFORMATION
It is the knowledge or facts which the investigator had gathered or acquired from
persons or documents, which are pertinent or relevant concerning the commission
of the crime or criminal activities.
A. CLASSIFICATION OF INFORMATION AS TO ITS SOURCES
1. Regular Sources
2. Cultivated Sources
3. Grapevines sources
B. METHODS USED IN ACQUIRING INFORMATION
1. ELICITATION
● Obtain information through the process of direct communication.
● One or more of the parties to the communication is/are unaware of the
specific purpose of the conversation.
● Phases:
a. Determination of the mission.
b. Selection of the subject.
c. Accomplishment of the mission.
● Devices in the conduct of elicitation
a. Approach is the process of setting people to start talking.
Types:
i. Flattery – people are susceptible to praise.
Variants:
● Teacher-pupil approach – subject is treated as an authority.
● Kindred Soul approach – subject is placed in a pedestal
having some specialized quality
● Good Samaritan approach – sincere and valid offers of help
and assistance are made to the subject.
● Partial disagreement approach – produce talking by the
word “I’m sure” if I fully agree.
ii. Provocative approach – utilization of conversational gambits.
Variants:
● Teaser Bait Approach – elicitor accumulates the sources of
knowledge about a particular subject.
● Manhattan from Missouri Approach – elicitor adapts an
unbelievable attitude above anything.
● Joe Blow Approach – it is “I know the answer to everything”
approach.
● National Pride Approach – defend their country and its
policies.
b. Probe is the process to keep the person or subject talking incessantly.
Types:
i. Competition Probe – used in connection with the teacher-pupil
approach.
ii. Clarity probe – used to elicit information in an area which the
response is not clear.
iii. High Pressure probe – it serves to pin down a subject in a
specific area
iv. Hypothetical probe – it presents hypothetical situation
2. CASING
● It literally means putting a thing or place in a case
● Methods:
a. Personal reconnaissance
b. Map reconnaissance
c. Research
d. Prior information
e. Hearsay
● Information desired in Casing
a. Area condition and habit
b. Active opposition
c. Disposal plan – in case of possible compromise
d. Escape and evasion
3. SURVEILLANCE
● consist of keeping persons, place or other targets under physical
observation
● Definitions of Terms
a. Pre-surveillance Conference is a conference held before a
surveillance is conducted.
b. Stake-out is the observation of places or areas from a fixed point.
c. Tailing or Shadowing is the observation of a person’s movement.
d. Undercover man is a person trained to observe and penetrate
certain organization suspected of illegal activities
e. Liaison Program is the assignment of trained intelligence personnel to
other agencies in order to obtain information
f. Safe house is a place, building, enclosed mobile, or an apartment,
where police undercover men meet his action agent.
g. Drop is a convenient, secured, and unsuspecting place where
agents can leave notes, small package or envelope.
h. Convoy is an accomplice or associate of the subject.
i. Decoy any person almost similar to the subject used to avoid or
elude surveillance.
j. Contact refers to any person whom the subject picks or deals with
while he is under surveillance.
k. Made occurs the operation was compromised.
l. Lost happens when the agent do not know the whereabouts of their
subject.
m. Rabbit (Hare) is a term referring to the subject of shadowing and
tailing.
n. Test for tailing is the common trick of the subject when he becomes
conscious that he is being tailed.
● Types of Surveillance
a. According to Intensity and Sensitivity
● Discreet
● Close
● Loose
b. According to Methods
● Stationary
● Moving
● Technical
● Shadowing, Tailing or Roping
􀀀 Shadowing or tailing - act of the surveillant of following his subject to
detect criminal activities.
􀀀 Roping - surveillant assumes different roles and identity in order to
obtain information.
● Procedures in Fixed Surveillance
a. Using a room in a nearby house or building
b. The use of listening devices and to record them.
c. Other surveillant may remain outdoor
● Tools Used in Fixed Surveillance
a. Binocular or telescopes
b. Movie Cameras with telephoto lens
c. Wire tapping device with tape recording apparatus.
d. Other listening devices
e. In case there is difficulty in wire tapping device, an expert in lip
reading must be employed.
● The Methods of Foot Surveillance
a. One Man Shadow
b. Two-Man Shadow
c. Three-Man Shadow or ABC Shadow
4. OBSERVATION AND DESCRIPTIONS
● Observation is the complete and accurate awareness by an
individual of his surroundings.
● Description is the factual reporting of what is observed.
● Psychological Processes for Accurate Observation
a. Attention
b. Perception
c. Reporting
● Types of Attention
a. Involuntary
b. Voluntary
c. Habitual
● Factors Governing Report
a. Vocabulary
b. Time log
c. Recurrence of similar incidents
5. CLANDESTINE OPERATION – COVERT/DISCREET
● A secret action undertaken in behalf of the government or other
friendly forces.
Basic Organizational Elements
a. Sponsor
b. Target or rabbit
c. Agent or asset
Classification of Clandestine Agent
a. Principal Agent
b. Action Agent
● Spy is the primary and the most important human collector
● Propagandist mold the attitudes, opinions and actions of an
individual group
● Saboteur undertake positive actions against unfriendly power
resulting in the loss of an article, material or facility.
● Guerilla is a member of paramilitary group organized to grass the
enemy.
● Strongman is an agent available to provide special protection.
● Provocateur induces an opponent to act to his own detriment.
● Cover Action exert influence from foreign government upon
discretion of the sponsor.
c. Support Agent
6. COVER AND UNDERCOVER
a. Cover – any device utilized conceals the true nature of its acts
and/or existence from the observer.
Essential Types of Cover
● Natural cover
● Artificial
● Cover within a cover
● Multiple cover
Hazards to Cover
● Static or document opposition (ordinary citizen)
● Unhostile active opposition (police, security agencies)
● Hostile active opposition (enemy intelligence operatives)
b. Cover Story – a biographical data which will portray the personality
of the agent he assumed.
c. Cover Support –assigned in target areas with the primary mission of
supporting the cover story.
d. Organizational Cover – any account consisting of biographical data
which when adopted by an individual will assume the personality he
wants to adopt.
7. Undercover Assignment
● An investigation technique in which an agent conceals his official
identity to obtain information.
Uses of Undercover
● Used independently to get first-hand information about the
subject of investigation.
● Supplement other investigative techniques like:
Types of Undercover Assignment
● Dwelling
● Work
● Social
● Jurisdictional Assignment
● Combination assignment
● Rope job – striking up friendship with the subject.
Undercover agent
Special Qualification
● Knowledge of the language
● Background regarding events
● Knowledge about the customs and habits
● Physical appearance
● An artist or an actor
Factors to consider in the Selection of Action (Undercover) Agents
● Placement
● Access
- Primary Access
- Secondary Access
- Outside Access
General Nature of Agent Handling
● Sharing secret purpose.
● Agent controls the agent operationally and administratively.
● Rapport with each other.
● Respect with each other.
Basic Agent Management
● Agent handler must be in charge of the operation.
● The act insure the agent adherence.
● Good rapport must be established between the agent handler
and the agent.
● The agent handler must constantly reinforce the agent
motivation.
Key Element of Agent Management
● Direction and control
a. Leadershipb. Action c. Personal example
● Natural Weaknesses
● Agent training
● Agent testing
● Agent examination
Control
● Authority to direct agent to carry out task or the requirements in
behalf of the clandestine organization in acceptable manner
and security.
Two Categories of Control
● Positive control
● Negative control
Termination Problem
● Amount of knowledge the agent has
● Inclination to use knowledge to the disadvantage of the
intelligence service.
● Moral obligation to the agent
Provocation
● Action taken in order to incite reaction from a known adversary
or to observe adversary.
Purposes
● Reveal the true status of an assumed adversary.
● Make a known adversary take seldom demanding action.
Provocateur
● An individual from the enemy forces who is deliberately introduced
in our custody with a specific mission of causing some unfavorable
action or reaction on our part.
8. INFORMANT AND INFORMER
a. Informant - any person who gives information to the police
authorities relative to a crime.
The Types of Informants
● Anonymous Informant
● Rival-Elimination Informant
● False Informant
● Frightened Informant
● Self-Aggrandizing Informant
● Confidential Informant
● Mercenary Informant
● Double-Crosser Informant
● Women Informant
Motives of Informants
● Vanity
● Civic Mindedness
● Fear
● Repentance
Steps of Informants Recruitments (SIAT)
● Selection
● Investigation
● Approach
● Testing
Factors to consider in Informant Recruitment
● Sex
● Health
● Ability
● Age
● Education
● Personality
Dismissal of Informants
● The handler should avoid antagonizing the informant.
● Explain properly and humanely the reasons of dismissal.
● If file of the informant exists, dismissal must be in writing for future
references.
b. The Informer is a person who provides information to the police on a
regular basis. They are either paid regularly or in a case-to-case
basis, or none at all.