Fundamental Crim Invest Half
Fundamental Crim Invest Half
CRIMINAL
INVESTIGATION
PCINSP JOHN GELBERT S. BASALO, MSCRIM, MPA
FACTS, NOT OPINION, IS THE HEART OF
GOOD INVESTIGATION
PROBABLE CAUSE
• France. Police originally were in charge of all civil administration that was not
church related.
• The “Police De Surete” (Security Police) was created in Paris in 1817 under the
leadership of notorious French criminal , Eugene Francois Vidocq. It was his
contention that major crimes and criminals were best handled by criminals
themselves, he quickly hired 20 ex-convicts he had known in prison.
HISTORY OF CRIMINAL INVESTIGATION
• London’s first large scale organized police department , the London Metropolitan
Force was created by Sir Robert Peel as through the Metropolitan Police Act of
1829.
• They were housed in a building that had formerly been occupied by Scottish
royalty, thus they referred it as Scotland Yard.
HISTORY OF CRIMINAL INVESTIGATION
Philippines. Its evolution can be traced during the time when the country was in
the hands of the Spaniards. In Manila where crime was prevalent, Spanish
established the “Guardia Veterana” which is composed of men coming from
Guardia Civil. They performed all the tasks, while the “Sekretas” were roaming
around incognito. On January 9, 1901, the Metropolitan Police Force was
established during the American occupation (Bermas, 2004).
HISTORY OF CRIMINAL INVESTIGATION
• The word art connotes human skill as opposed to the laws of nature or science.
When we think of art, we generally think of writing, music, painting, etc
• The word science generally mean the systematic knowledge and study of natural
or physical phenomena.
• Science generally connotes finding the truth based on observation,
experimentation, and the rules of logic.
ART OR SCIENCE
• SEEK THE ANSWER TO THE QUESTION: WHY WAS THIS PARTICULAR PERSON OR
PROPERTY VICTIMIZED?
• PAY PARTICULAR ATTENTION TO MODUS OPERANDI
• WORK WITH EVIDENCE ON HAND
• MAKE THE GOAL OF INVESTIGATION WHICH SHOULD BE THE CONVICTION OF
THE PERPETRATORS
ABC’S OF INVESTIGATION
• Preliminary.
• Follow-up.
• Special subject.
Preliminary Investigation
• This is the initial action by the police organization in
response to a report of a crime incident. In most instances
the response force or uniform patrol services conduct
these. They determine what happened, if a crime has
occurred, who witnessed it, if an offender can be identified,
and what physical evidence is present. There may be a
process at this stage of the investigation to identify
whether leads or solvability factors exist.
Duties in Preliminary Investigation
Follow-Up Investigation
• This builds on much of the work begun during the
preliminary investigation. Overall objectives are the same –
identification and apprehension of the offender. Leads are
followed up, evidence is collected and processed, and
attempts are made to link the crime with others, which are
similar, in the hope of identifying a common offender.
Special Subject Investigations
• Investigations where efforts concentrate on particularly
sensitive areas of criminal activity and/or those requiring a
great deal of time and expertise, such as homicide,
narcotics, robbery, and terrorism, are focused.
Pattern
• Latin for the “body of crime” it is the legal term that is used
to describe physical or material evidence that a crime has
been committed such as the corps of a murdered victim.
• It is used to refer to the underlying principle that, without
evidence of a crime having committed, it would be unjust
to convict someone.
Leads
• To establish alibi, a defendant must not only show that he was present
at some other place at about the time of the alleged crime, but also
that he was at such other place for so long a time that it was
impossible for him to have been at the place where the crime was
committed, either before, during or after the time that he was at such
other place (PNP Criminal Investigation Manual, 2011).
CONSPIRACY
• It must have been physically possible for the suspect to commit the
crime. He must have access to area, have been in the vicinity, and
have had the means available.
• It must be shown that the suspect could have been in the vicinity of
the crime scene in the sense that it was not improbable for him to
have been there.
Associative evidence
• 4. Failure to Prosecute
• 5. Chain of custody –
• 6. Less appreciation of electronic evidence – investigators take for
granted electronic devices such as cell phones, computers which can
be processed to give investigative leads.
Standard method of recording investigative data:
• a) Photography
• b) Sketching the crime scenes
• c) Written notes (what you have seen or observed)
• d) Developing and lifting fingerprints found at the crime scene
• e) Gathering physical evidence
• f) Plaster casting
• g) Tape recording of sounds
• h) Video tape recording of objects; and
• i) Written statements of subject and witnesses
Scientific Examination of Physical Evidence
• (ii) Protecting the crime scene and the evidence- Successful crime
scene processing depends upon the policeman’s or investigators
skill in recognizing and collecting facts and items of value as
evidence, and upon his ability to protect, preserve, and later, to
present these in a logical manner. This requires making careful and
detailed notes and sketches; using correct procedures in taking
photographs of the scene; taking written statements and
transcribing verbal statements of witnesses, suspects and victims;
and careful identification, marking and preservation of collected
physical objects of evidentiary value.
Continue -
• Air currents project the scent away from the body. The
debris becomes deposited in the environment as a scent
trail.
Chain of Custody
• It is the term used to describe the identification and control
of evidence from the time it is collected at the scene until it
is entered into evidence in court. The legal chain of custody
must be maintained at all times (Dempsey, 2007).
• It is one of the most crucial issues in crime scenes. If
officers fail to follow chain of custody procedures critical
evidence may be suppressed (Ibid).
LOCARD'S EXCHANGE PRINCIPLE
• Early in the 20th Century, Dr. Edmond Locard, the director
of the first crime laboratory, in Lyon, France formed the
basis for what is widely regarded as a cornerstone of
forensic sciences.
• This principle states that:
• “When any person comes into contact with an object or
another person, a cross-transfer of physical evidence
occurs.”
• Therefore, based on Locard's Exchange Principle, there will
be a physical evidence link between:
– The suspect and his environment.
– The victim.
– The crime scene.
• As a crime scene investigator, it is your job to find those
physical links.
WHAT IS EVIDENCE?
• “Evidence” can be almost anything. In order to determine
what is evidence, you must have a basic understanding of
what occurred during the commission of the crime.
• Legal definition states that it is the means sanctioned by
the rules of court of ascertaining facts in a judicial
proceedings
Holy Trinity for Solving Crimes
• Physical evidence
• Witnesses
• Confessions
• Without one of the first two, there is little a chance of even finding
a suspect. In homicide and assault cases, physical evidence is the
number one determinant of guilt or innocence.
HOW TO DETERMINE WHAT SHOULD BE COLLECTED AS EVIDENCE
CRIME SCENE
MEDIA
VIP
COMMAND
POST
SEARCH METHODS
Zone Search
FRESH BLOOD
DRY BLOOD
BLOODSTAINS
BLOOD SPLATTER
FIREARMS EVIDENCE
(FIREARMS, SHELLS, BULLETS AND METAL FRAGMENTS)
1 2 3 4
5 6 7 8
FINGERPRINTS OR PALM PRINTS
1 2 3
4 5 6
HAIR STRAND
1 2 3
5 REMOVAL OF EVIDENCE
• a) The investigator places his initials, the date and time of
discovery on each item of evidence for proper identification.
• b) Items that could not be marked should be place in a
suitable container and sealed.
6. TAGGING OF EVIDENCE
Any physical evidence obtained must be tagged before its
submission to the evidence custodian.
Marking of Evidence
MARK HERE
BARREL MARK HERE
SLIDE
FPJ FPJ
MARK HERE
FPJ
FRAME
Case EVID
:M
Victim urder ENCE
:
Suspe
c
T/D o t:
f Incid
Place ent:
o
Evide f Incident:
n
w/ SN ce: 9mm N
: 1234 O
56 ma RINCO Pis
rked
as “F tol
PJ”
MARKING OF EVIDENCE
FPJ - 1
FPJ - 2 BASE
EVIDENCE
ONE (1) HANFORD BRIEF COLOR WHITE WITH
SUSPECTED SEMEN NOW MARKED AS “CF-1”.
SEALING OF EVIDENCE CONTAINER
EVIDENCE
7. EVALUATION OF EVIDENCE
• Each item of evidence must be evaluated in relation to all
the evidences, individually and collectively.
8. PRESERVATION OF EVIDENCE
It is the investigators responsibility so that all precaution is
exercise to preserve physical evidence in the state in which
it was discovered or obtained until it is released to the
evidence custodian.
9. RELEASING OF EVIDENCE
• Evidence in the investigator’s possession is released only to
the evidence custodian or another person designated by
the investigators supervisor.
10. RELEASING THE SCENE
The scene is not released until all processing is completed.
The release should be effected at the earliest practicable
time, particularly when an activity has been closed or its
operation is curtailed.
CONDUCT FINAL SURVEY
CRIME SCENE
MEDIA
VIP
COMMAND
POST
11. SKETCHING THE CRIME SCENE
• Points to Consider
• a) 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.
• b) reminder: Sketches are not substitute for notes of
photos: they are but a supplement to them
• c) Type of sketches
• Floor plan or “birds eye view”- The floor plan (or birds eye
view) is the most common type. It is drawn in a two-
dimensional perspective as if you are over the scene looking
straight down.
• Elevation drawing - The elevation sketch depicts a side, front,
or rear of the exterior of a structure or one of the interior walls
in a room; used when the vertical, rather than the horizontal
plane is of interest.
OVERVIEW OR FLOOR PLAN SKETCH
BED
1
2 V
LEGEND
V – VICTIM
1 – CAL .45 FIRED SHELL
2 – 9mm PISTOL
ELEVATION SKETCH
AIRCON
2 ft. 3 in.
2 ft. 9 in. 8
3 ft. 6 in.
LEGEND
6 – bullet hole
7 – bullet hole
8 – blood splatter
• c) Type of sketches
• Exploded view - Exploded View (Cross-Projection) - The exploded
view (or cross projection) is a two dimensional drawing which
combines a birds-eye view and an elevation diagram by using a
birds-eye view for the floor area of a room and an elevation view of
the walls of the room by laying the walls flat (as if the room
exploded).
LEGEND
CROSS PROJECTION OR
V – Victim
EXPLODED SKETCH
1&2 – 9mm fired shell
3 – More Cigarette butt
WALL AIRCON
4 – Pool of blood
5 – deformed slug
7
6 & 7 – bullet holes
8 – blood splatter
8 T – Table
6
5
T
4 3
S
V
V
BED
WALL
WALL
2
BR CR FLOOR
1
WALL
• c) Type of sketches
• Perspective drawing - The perspective view is a three-dimensional
line drawing of a specific view of the crime scene. It is useful when
there are too many extraneous items in a photograph that distract
or conceal evidence or important elements of the scene. By using a
three-dimensional drawing, unnecessary items can be eliminated
from the view to emphasize the important elements.
ELEVATION SKETCH
AIRCON
2 ft. 3 in.
2 ft. 9 in. 8
3 ft. 6 in.
LEGEND
6 – bullet hole
7 – bullet hole
8 – blood splatter
11. SKETCHING THE CRIME SCENE
• d) Write down all measurements
• e) Fill in all the details on your rough sketch at the scene.
(Final sketch may be prepared at the office).
• f) Keep the rough sketch even when you have completed
the final sketch.
• g) Indicate the north direction to scale
• h) Draw the final sketch to scale
• i) Indicate the place in the sketch as well as the person who
drew it. Use the KEY – capital letters of the alphabet for
listing down more or less normal parts or accessories of the
place, and numbers for items of evidence.
• j) Indicate the position, location and relationship of the
objects.
• k) Methods or system in locating points (objects) on sketch
• (i) Rectangular coordinates (measurement of right angle from
each of two walls).
• (ii) Coordinates constructed on transecting baseline. Choose
relatively fixed point for your baseline.
• (iii) Triangulation. (Measurements made from each of two
fixed objects to the point you want to plot or locate so as to
form an imaginary triangle. Sketch will show as many imaginary
triangles as there are objects plotted).
• l) Critical measurements., such as skid marks, should be checked by two
(2) investigators.
• m) Measurement should be in harmony; or in centimeters, inches, yards,
meters, mixed in one sketch.
• n) Use standard symbols on the sketch
• o) Show which way the door swing.
• p) Show which arrow the direction of stairways.
• q) Recheck the sketch for clarity, accuracy, scale, title, key.
Crime Scene Sketch
• A sketch is a rough drawing, usually prepared at the scene
for the purpose of recording measurements.
• Before any piece of evidence is moved or collected, a
sketch of the scene should be drawn and measurements
taken.
USES OF SKETCHES AND DIAGRAMS
• They are records of exact locations and relationships within the crime
scene.
• They refresh the memory of the investigator.
• They provide a permanent record of conditions, which may be difficult
to describe in the narrative of a report.
• To document the scene for other investigators and agencies.
• Diagrams serve as an aid in questioning witnesses.
• They give attorneys, judges and juries a visual frame of reference of
the crime scene.
Crime Scene Diagram
• A diagram is a finished drawing. It is the final copy and is
usually drawn to scale.
SUBJECTS OF DIAGRAMS
• Final Position Diagram - The final position diagram illustrates the
crime scene as it was found when crime scene investigators arrived.
For example:
• • If the crime was a homicide and the body was removed from the
scene prior to the arrival of investigators, the location of the body
would not be indicated in the diagram.
• • If an officer at the scene stated he moved a chair after he
arrived, the chair would be diagramed in the final position it was
moved to.
SUBJECTS OF DIAGRAMS
• Event Diagram - The event diagram illustrates events or
movements that occurred during the incident.
• Example:
• • The path a person walked.
• • Vehicle movement before and after a traffic accident.
SUBJECTS OF DIAGRAMS
• Physical Evidence Diagram
• The physical evidence diagram uses a birds-eye view to
show the location of evidence within the crime scene in
relation to furnishings and/or other recognizable landmarks
within the scene. This type of diagram is useful for
eliminating clutter from the scene that distracts from the
evidence.
SUBJECTS OF DIAGRAMS
• Furnishings Diagram - The furnishings diagram uses a birds-
eye view to show a room/house and the furnishings within,
but omits illustrating the body or evidence within the
scene. This type of diagram is a useful aid for interviews of
suspects and witnesses during the investigation of the
incident and in the courtroom during a trial. It gives
everyone a visual reference of the scene without adding
information that may influence their recollection of events.
CRIME SCENE PHOTOGRAPHY
• The crime scene photographer has one primary goal: to
provide visual documentation that is a true and accurate
representation of the scene and the evidence. Because it is
essential that each photograph is true and accurate,
• The crime scene photographer must use camera equipment
and techniques that will not distort or obscure anything within
the photograph or present material in the photograph in a way
that may be misleading.
CRIME SCENE PHOTOGRAPHY
• The purpose of crime scene photography is to visually
record the scene as you found it. Investigators, attorneys
and juries in a court of law will then use those
photographs. If the photographs do not come out or are
taken improperly, valuable evidence will be lost and a case
could be dismissed or seriously jeopardized.
WHY TAKE PHOTOGRAPHS?
• Photographs become a permanent record of the scene as it
appeared when investigators were present.
• They serve as an aid to refresh the memory.
• They provide documentation of a crime or injury.
• Forensic scientists use them to perform analyses and comparisons.
• Attorneys, judges and juries use them as a visual aid before and
during a trial.
HOW TO PHOTOGRAPH CRIME SCENE
• • Over-all photographs.
• • Mid-range photographs.
• • Close-up photographs
HOW TO PHOTOGRAPH CRIME SCENE
• Do not take photos of anything that you do not want the world to
see.
• If a photo is on a roll of film you took at a crime scene, it becomes
evidence and can be used in court by the defense or prosecution.
• Generally speaking, all of the photographs should be taken while
standing in an upright position with the camera held at eye level.
This, however, is not a hard fast rule. If it is necessary to bend over
or squat down to take the picture that is what you do.
GUIDELINES FOR CRIME SCENE PHOTOGRAPHY
• The crime scene and any evidence within the scene
should be photographed before it is moved or
disturbed, and before any processing is done within
the scene.
Use of Evidence Markers
• Once over-all photographs and mid-range photographs
have been taken, items that are going to be collected as
evidence should be identified with the use of a marker and
photographed again with the marker in place before the
item is collected.
• The number or letter assigned to that item should be
unique to the item so that every item has its own number.
Photo Logs
• If possible, an assistant should follow the photographer
and record a written log of the photographs that are taken.
Photo Logs
• The log should include information regarding:
• • Type of film used.
• • Name of photographer.
• • The film frame number for each photograph taken.
• • Where the frame was taken (example: living room, northwest
corner).
• • Camera settings (example: 125th second, f-8, 50mm lens).
• • Flash settings (example: automatic).
• • Date and time each frame was taken.
INTERVIEW AND INTERROGATION
A. INTERVIEW
• 1. Interview - is the questioning of a person believed to
possess knowledge that is of official interest to the
investigator.
• 2. Importance of interview – interview in crime
investigation is very important as the person interviewed
usually give his account of an accident under investigation
or offers information concerning a person being
investigated in his own manner and words.
Basic assumption: