Prepared by Phoenix (Review 2, Department of Criminology)

Ifugao State University

College Of Criminology, Computing and Health Sciences
DEPARTMENT OF CRIMINOLOGY
Nayon, Lamut, Ifugao

Review 2
NOTES ON FUNDAMENTALS OF INVESTIGATION

HISTORY AND IMPORTANT PERSONALITIES

 CODE OF HAMMURABI 2100 BC - created by King Hammurabi
- Prescribes savage punishment
- It implements the lex taliones principle known to be the principle of “An eye for an
eye and a tooth for a tooth.”
 CODES DURING THE PRE-SPANISH ERA
1. CODE OF KALANTIAW- by Datu Kalantiaw, written in 1433 AD of Panay.
2. CODE OF MARAGTAS - by Datu Sumakwel, written in 1250 AD of Panay.

 GENDARME SYSTEM - Created by Charles the Great/ Charlemagne (742-814)

- GENDARMES - are agents of the crown, and can travel anywhere to bring anyone to
justice
 TIME OF ALFRED THE GREAT (19th Century) - (During the Anglo Saxon Period: 500
AD-1066 AD)
- Established a system of “Mutual pledge system or Frank pledge system.
1. TEN TITHING - 100 persons are grouped into one under the charge of a High
Constable.
2. TITHING – 10 persons are grouped together to protect one another and to assume
responsibility for the acts of the group’s members. All men at the age of 12 are required
to be members of this group. The one who heads this group is called Tithing Man.

Note: William Norman divided England into shires (districts) and headed by a reeve( ruler)
 ALEXANDER THE GREAT - one of history’s greatest military leaders. Died in 323 BC.
- He ruled over a huge empire in Europe, North Africa, and Asia.

MIDDLE AGES (1066 AD-1500 AD)

- SHIRES – are created which refers to the divisions of a specific geographic area.
 It is being controlled by the King. It is governed by a Shire-Reeve/ Sheriff
 TIME OF EMPEROR AUGUSTUS
- At about the time of Christ, Rome: The Roman Emperor Augustus picked out
special, highly qualified members of the military to form the following:
1. PRAETORIAN GUARD – This was considered the first police officers, their job is
to protect the palace and the emperor.
2. PRAEFECTUS URBI (Cohorts)– Their function is to protect the city. They have
both executive and judicial power.
3. VIGILES OF ROME - The vigiles began as fire fighters, they were eventually also
given law enforcement responsibilities and they patrolled Rome’s streets day and
night. The vigiles could be considered the civil police force designed to protect
citizens.
 It is from them that the word “VIGILANT” came from.
POST NORMAN PERIOD (1200-1500 AD)
 TIME OF KING WINCHESTER
- 1285 A.D., England: THE STATUTES OF WINCHESTER were enacted establishing
a rudimentary criminal justice system in which most of the responsibility for law
enforcement remained with the people themselves.
These statutes or laws were promulgated by King Winchester.
1. Watch and Ward Act – implemented by Bell Boys
2. Hue and Cry System – means of catching criminal.
3. Parish Constable – agents in England.
4. Keeping weapon at home by Male Residents
 5TH CENTURY BC (ROME), 6th CENTURY (ATHENS) - First investigative unit named as
Questors or Trackers or Murderers (Rome)
- Unpaid magistrate (judge) were assigned to decide on cases
 JONATHAN WILD (England, 1720) - He was a buckle maker and a brothel operator; a
master criminal who became the London’s most effective criminal investigator.
- He was the London’s Organized Crime Lord, who became the famous thief-catcher in
1720s.
- His idea:
1) Charging fee for locating and returning stolen property.
Prepared by Phoenix (Review 2, Department of Criminology)

 HENRY FIELDING (England, 1750) - An Englishman and Magistrate in London who

created the Bow Street Runners which are originally called as Fielding’s People.
(originally with 8 members)
- His original ideas:
1) Police may perform their functions in plain clothes.
2) Police must be constantly available on streets.
 JOHN FIELDING (England, 1753) - The younger HALF brother of Henry Fielding who
took over the control of Bow Street Court in 1753. Blind John was known as “Blind
Bleak” and allegedly able to recognize 3000 criminals in the sounds of their voices.
- His ideas:
1) Informants must be cultivated.
2) Wanted notices must be published.
3) Raids must be employed.
4) Police must bear firearms and handcuffs.
 PATRICK COLQUHOUN (1745-1820) - A former President of London, England.
- He proposed together with Master Mariner John Harriott the creation of a Thames
River Police that later called as Maritime Police in London.
- His Brilliant ideas were:
1) Outsourcing fund from public to support the police force.
2) Suggested Crime Prevention (Preventive Policing).- the fundamental principle to
the English police
 EUGENE “FRANCOIS” VIDOCQ (1775-1857) - He established a Squad of ex-Convicts
to aid the Paris Police in investigating crimes thru his principle “Set a thief to catch a
thief.”
- Founder of La Surete Nationale which became the National Detective
Organization of France.
 Trade Protection System- forerunner of credit card system
 Regarded as the first private detective
 ROBERT PEEL (London-1788-1850) - The founder of London Metropolitan Police Force
(LMPF) which became the world’s first modernized police force.
- He gave the idea “The police are the public and the public are the police.”
- He is the recognized Father of Modern Policing in the world.
- He introduced the following techniques:
1) Detectives must conceal themselves
2) Secretly photographing
3) Recording conversations.

Take note: Scotland Yard is a popular name for the headquarters of London's Metropolitan
Police Force, and especially its Criminal Investigation Department. Other informal names include
“MET” and “MPS”. Police are often referred to as “Bobbies” or “Peelers”. The primary role is to
keep Queen’s peace.

 DR. HANS GROSS (1847-1915) - The earliest advocate of criminal investigation as a

science who coined the term Criminalistics.
- He wrote a book entitled “System der Kriminalistiks” in which he stated that
criminal investigation is 95 % perspiration, 5% intuition, inspiration and luck.
- Born in Graz City, Southern Austria. Finished Bachelor of laws, professor of
Criminology at the University of Vienna.
 DR. EDMOND LOCARD (Locard’s Exchange Principle)
- “Every contact leaves a trace”
 TEXAS RANGERS (1835) - First State Police of United States
- Forerunner of the FBI
 CHARLES DICKENS (USA, 1852) - wrote the novel entitled “Bleak House”
- Introduced the term detective to the English language.
 ALLAN PINKERTON (USA, 1852) - The America’s foremost private detective.
- He is the “America’s Founder of Criminal Investigation.”
- He pioneered Shadowing - the art of suspects’ surveillance. Roping - working in
undercover capacity.
- Founder of Pinkerton Detective Agency in USA with motto “We never sleep.”
- Inventor of mug shots – photographs of arrested persons. The purpose of the
mug shot is to allow law enforcement to have a photographic record of the
arrested individual to allow for identification by victims and investigators.
 KATE WAYNE - America's first female detective and spy.
- She was employed by the Pinkerton Detective Agency in USA.
- She was part of the Pinkerton team that uncovered a plot to assassinate
President Abraham Lincoln on his way through Baltimore to Washington DC
Prepared by Phoenix (Review 2, Department of Criminology)

 THOMAS BYRNES (1842-1910) - He built up a book of criminals, which he called

Rogues Gallery (1886), a police collection of pictures or photographs of criminals and
suspects kept for identification purposes.
- He founded the criminal “Modus operandi” or Method of operation (M.O) - used
to describe someone’s habits of working particularly in the context of business or
criminal investigation.
 ARTHUR CONAN DOYLE (1895-1930) - A novelist who popularized scientific criminal
investigation by creating a fictional detective “Sherlock Holmes and his friend Watson”
 JOHN EDGAR HOOVER
- 1924 - head of the Bureau of Investigation (BI) of the Justice Department.
- 1935, when B.I. became the Federal Bureau of Investigation (FBI), Hoover was
made its Director.
- May 1, 1972 – Hoover died in Washington DC.
- He served under every president from Calvin Coolidge (1923-1929) to Richard
Nixon (1969-1974)
NOTE:
 Hoover served the longest years as Director of FBI from 1924 to 1972.
 During the administration of Hoover, the FBI advanced its technology of crime
fighting.
 Several wanted persons and criminals were arrested to include John Herbert
Dillinger, the USA’s tagged as Public Enemy No. 1.
 DR. PAUL LELAND KIRK (USA, 1954) - Chemist and forensic scientist, best known for
his work on blood spatter evidence.
- Applied his expertise on bloodstain pattern analysis to the Sam Sheppard homicide
case.
- published “Crime Investigation” in 1953
 ALPHONSE BERTILLON (1853-1914) - The Father or “Personal Identification”
- He introduced the Bertillon System, also known as Anthropometry or
Anthropological Signalment.
 1866
- Jessie James Gang (USA) - Gang’s first hold-up to mark the 15 year hold-up and
robbery spree (12 bank hold-ups and 12 train stage coach robberies in 11 states)
 Clay County Savings Association was their first victim and took 60,000 US
dollars.
 1977 - FBI introduced the beginning of AFIS –Automated Fingerprint Identification
System. However in 1999, FBI upgraded its computerized fingerprint database into
Integrated AFIS, allowing paperless submission, storage, and search capabilities.
 1986 - DNA typing/fingerprinting was first used to solve a crime. DNA is unique to
every individual and can be used for personal identification.
 1987 - DNA profiling was introduced for the first time in US criminal case.
- RFLP analysis was performed by Life Codes.
- Tommy Lee Andrews was convicted for series of sexual assaults in Orlando, Florida.
 1892
- Francis Galton - classification of fingerprints and each is unique to be used as
evidence against a suspect
 DR. ALEC JOHN JEFFREYS - Used DNA fingerprinting and profiling to identify Colin
Pitchfork as the murderer of two young girls
- DNA was first used to exonerate an innocent suspect

IMPORTANT EVENTS IN THE DEVELOPMENT OF CRIMINAL INVESTIGATION IN THE

PHILIPPINES
 1901 - Criminal Investigation Service handles investigation of major crimes.
 1994 - CISC was renamed as CIDG- Criminal Investigation and Detection Group
Motto: “WE SEEK THE TRUTH”
- Premier arm of the PNP as the “SPIRIT AND SOUL OF THE FORCE”.
 1996 - SOCO team was appropriately organized to meet the core mission of the
Crime Laboratory which is the National Operating Support Unit of the PNP.

INVESTIGATION
- Etymology: Latin word “investigare” (vestigare in some books) Meaning: “to track or to
look into for traces”
- Etymology: Latin word “vestigium” Meaning: “footprints, “to look into for traces or
footprints”
- To take a look and note what happened.
- To carry out a detailed examination or inquiry, usually in official manner/complaint to
discover something or somebody.
- To search into, examine in detail, or inquire into systematically.
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- A careful search or examination of something, or a systematic inquiry.

- A patient, step-by-step (systematic) and careful (thorough) examination of something or
someone (Criminology)
- It can be a legal or non-legal inquiry. (Criminology)

CRIMINAL INVESTIGATION
- It is the collection and analysis of facts/truth about persons, things, places that are
subject of a crime to accomplish its three (3)-fold aim.
- Initiated by a complaint
- Done to bring justice to people for a criminal act
- Is an art, as well as a science which deals with the identification, location and
eventually apprehension of a suspected criminal offender to prove his guilt through a
criminal proceeding.
- Criminal Investigation as an ART because it is not governed by rigid rules or
principles. Most often than not, it is governed by intuition, felicity/inspiration and to
minor extent by chance.
 According to Hans Gross, 95% perspiration, 3% inspiration and 2% luck.
 Intuition- the automatic or immediate knowing or learning of something
without the conscious use of reasoning
- Criminal Investigation as a SCIENCE because it uses scientific knowledge, principles
and methodologies in order to discover, identify collect and process facts and evidence
to promote justice.

Kinds of Criminal Investigation

1) Investigation while the suspect is under arrest and detention.
2) 2. Investigation while the suspect is “at large”.

“at large” vs fugitive from justice

- The former, not being wanted person before the eyes of the law and therefore, cannot be
lawfully arrested without a warrant. The latter is necessarily an escapee from detention
or an escaped prisoner while serving sentence by virtue of a final judgment rendered by
a court of competent jurisdiction that can be legally arrested without warrant.

Modes of Criminal Investigation

1. Reactive Response - Addresses crimes that have already occurred. In this case, the
investigators typically respond to a crime, collect evidence, locate and interview
witnesses, and identify and arrest a suspected perpetrator.
2. Proactive Response - To anticipate criminal activity. Proactive response differs from
reactive investigations in two major points.
– The investigation is conducted before the crime is committed.
– The suspect is identified before he or she commits the crime.
3. Preventive Response - Prevention through deterrence is sometimes achieved by
arresting the criminal and by aggressive prosecution

STEPS IN CRIMINAL INVESTIGATION

***Remember R.C.P.E.P***
1) RECOGNITION of facts, information and evidence
2) COLLECTION of facts, information and evidence
3) PRESERVATION of forensic value (legal integrity)
4) EVALUATION and processing of evidence and case
5) PRESENTATION of evidence and case

STAGES OF CRIMINAL INVESTIGATION

1. INITIAL;/ PRELIMINARY INVESTIGATION- crime scene investigation
2. FOLLOW-UP/ IN-DEPTH/CONTINUING INVESTIGATION/LATENT INVESTIGATION-
tracing, locating and arresting
3. FINAL/ CONCLUDING INVESTIGATION-preservation and presentation of evidence

CRIMINAL INVESTIGATOR - A person who performs investigation

- Person who is charged with the duty of carrying on the objectives of criminal
investigation.
- Prober
- the superstar in the process of investigation
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POLICE INVESTIGATOR POLICE DETECTIVE CASE MANAGER

-PCOs or PNCOs conferred -previously certified police -a PCO previously certified

w/certification to investigate investigator as police investigator
-graduate of CIC for PNCOs and -completed 18 units of MS -completed MS degree and
IOBC for PCOs degree and completed PDC completed IOMAC
CIC- Criminal Investigation PDC- Police Detective Course IOMAC- Investigation
Course Officers Management
Course
The three-fold aim of Investigation:
1. to identify the guilty party;
2. to locate the guilty party;
3. to provide evidence of his guilt

Six (6) Cardinal Points of Investigation

1. WHAT – specific offense has been committed? Nature of crime
2. WHERE – crime was committed? Place or location
3. WHEN – It was committed? Time and date
4. WHOM – It was committed? Persons/s involved
5. WHY – It was committed? Reason or motive of Committing the crime
6. HOW – It was committed? Manner, method or modus operandi

Qualities of a Good Investigator

1. Perseverance 4. Intelligence
2. Honest 5. Understanding of the people and environment
3. Keen power of observation

PATTERNS, LEADS, TIPS AND THEORIES

 Patterns - These are series of similarities that may link particular cases or indicate that
the same person is committing a series of crime.
• Patterns are series of Modus Operandi. A pattern cannot be established without
repetition of crimes. M.O answers the question how was the crime committed
even though it only took once.
 Leads - Any clue or information that may aid in the progress of investigation
• Anything that can assist an investigator in resolving an investigation
 Tips - Leads provided by citizens that involve the identity of suspects.
 Theories - Pertains to beliefs regarding the basis on the evidence, patterns, leads, tips
and other information developed and uncover the case.
• They direct the investigation.
 Deductive Theory - develop a theory first before gathering facts, information,
evidence
 Inductive Theory - collect facts, information, evidence first before developing a
theory

TOOLS IN CRIMINAL INVESTIGATION (4 I’S)

1) Information – It is the knowledge/data which an investigator acquired from other persons

and records.
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.
3) Interrogation – is a questioning of a person suspected of having committed an offense or a
person who is reluctant to make full disclosure of information in his possession which is
pertinent to the investigation
4) Instrumentation – It is the application of instruments and methods of physical science to
the detection of crimes. In cases where there are no significant physical evidence to be
found, then the use of instrumentation is relatively unimportant.

METHODS OF INVESTIGATION
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1. Personal Investigation – This includes surveillance of the activities of prospective agent,

neighborhood checking, and undercover operation.
2. Documents and Record Check – It covers identity documents; newspapers, books and
periodicals; correspondence; and files of other agencies.
3. Interviews and Elicitation – This is the planned questioning of a witness, informant or
other person with information related to an incident or a case.
4. Liasoning – It is the intercommunication between units of military or police force and other
law enforcement agencies.

FORMS OF INVESTIGATION
1. Formal Investigation - type of investigation usually done by the police to discover facts
concerning a civil or criminal case
2. Inquest - type of investigation used to describe a form of judicial inquiry
3. Inquisition - Any investigation concerning a religious issue
4. Probe - Similar to formal investigation, is an extensive searching inquiry conducted by
a government agency. It is often associated with committees, usually in the form of
legislative inquiries. Example is the investigation conducted by the Senate Blue Ribbon
Committee.
5. Research - The careful, patient, investigation done by the scientists or scholars.
6. Investigative Reporting - The recent practice pursued by the members of the press on
their own initiative.

Trichotomy of criminal investigation (3 T’s)

1. TRAINING - an attempt to improve the ability required by the job of operative employees
and is immediate focused on skills
2. TOOL
3. TECHNIQUE - the core of many parts of tactical strategy in criminal investigation

CLASSES OF INFORMATION AS TO SOURCES

1. Regular sources – records, files from government and non-government agencies, news
items.
2. Cultivated sources – information gathered upon initiative of the investigator from
informants, vendors, taxicab driver, gro, and others.
3. Grapevine sources – these are information coming from the underworld characters such
as prisoners and ex-convicts.

THE GOLDEN RULES FOR CRIMINAL INVESTIGATORS

• Upon arriving at the crime scene, criminal investigator/s must observe these golden
rules before or while processing the scene. These rules can be applied to any type of
crime scene.
• Identify, and if possible, retain for questioning the person who first notified the police.
• Determine the perpetrator by direct inquiry or through observation, if his identity is
obvious.
• Detain persons present at the crime scene.
• Summon assistance, if necessary. Assign specific duties to assistants/ subordinates, if
any.
• Immediately separate witnesses or suspects for purposes of securing independent
statements.
• Protect the area by giving appropriate orders and by physically isolating it.
• Permit only authorized people to enter the crime scene boundary.
• Do not move, alter or touch any object found at the crime scene. (MAC)

CLASSICAL SYSTEMS OF GATHERING INFORMATION:

1. French System- relies heavily in buying information (Informer)
2. English System- relies primarily on information given voluntarily (Informant)

INFORMANT - is a person who gives information to the police relevant to a criminal case
about the activities of criminals or syndicates.
The following are the types of informant:
a) Anonymous informant – do not wish to be identified.
b) Double crosser informant – to get more information from the police.
c) False informant – reveals information of no consequence or value.
d) Frightened informant – motivated by anxiety.
e) Legitimate informant – operators of legitimate business establishments.
f) Mercenary informant – gives information for a price.
g) Rival elimination informant – to eliminate competition.
h) Self-aggrandizing – hangs about the fringes of the criminals.
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i) Woman informant – female associate of the criminals.

USES OF INFORMANTS
1. Maximum benefit = the confidential informant should be used for the maximum
benefit of the entire organization, not of only one (1) officer/ investigator.
2. A designated executive should be aware of the identity of the informant. At least two (2)
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
information to the 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.
3. Consider a program within your respective commands for the development of
informants.
 Keep records as to the ability of your men to develop informants.
 Keep records as to the accomplishments of each of the informants. This should
tell you who among the informants should be discarded.
 Keep records as to fugitives apprehended, loot recovered and cases given to you.
 Maintain a tickler system to review your information’s contribution to your
command.
“DO NO STEAL ANOTHER MAN’S INFORMANT”

Possible motives of informants in giving Info.

1. Vanity – The motive is for self-aggrandizement by gaining favorable attention and
importance by police.
2. Civic Mindedness / Patriotism – Those imbued with the sense of duty and obligation
to assist the police in their task.
3. Fear – It is the engendered illusion of oppression from enemies or from impending
dangers.
4. Repentance – Those lesser criminals such as accomplices or accessories who will have
a change in heart to unburden their conscience.
5. Avoidance of punishment – state witness maybe excused when not the most guilty.
6. Gratitude or Gain – gives info due to good experiences
7. Competition – eliminates rival
8. Revenge – retaliation done by a person
9. Jealousy – maybe due to material or life situation.
10. Remuneration – reward consideration

THE INFORMER
Critical Areas In The Deployment Of Informers
 Within the ranks of criminals and criminal syndicates
 Associates and friends of criminals
 Places of hang-outs of criminals such as night clubs, bars, hotels, billiard halls and
other places
 Slums and residential places where criminals have their contacts.
 Detention Centers such as local jails and the National Bureau of Prisons. In many
instances, crimes were solved by planting moles among detention prisoners in the
holding centers of investigative units and in the local jails and also in the National
Bureau of Prisons, thru the agreement with prison authorities.
 Places where criminals dispose their loots

THE FOLLOWING ARE RECORDS AND REPORTS THAT PROVIDE INFORMATION:

1. Rogues Gallery (or Mug Shot Book) – instituted by the New York City Police Department
in 1857, a display in which photographs of known offenders were arranged by criminal
specialty and height for detectives to study so that they might recognize criminals on the
street. In other words, it is a police collection of mug shots and pictures or photographs of
criminals and suspects kept for identification purposes.
2. Police Blotter – a record or log of daily events occurring within the territories/jurisdiction
of a given police unit or command. It contains material details concerning the event for
legal and statistical purposes, it is also where all types of operations and undercover
dispatched shall be recorded containing the five Ws one H of an information.
3. Wanted List – information of crime suspects with warrant of arrest.
4. Watch List – Is for those without warrants of arrest.
5. Wanted Person Report – information of persons who are wanted by the police shall be
flashed by means of “Notice” wanted person, accomplished in six copies, one copy to be
sent to the PNP Provincial Director, one copy to the PNP Regional Director, one copy to the
Chief of the PNP, one copy to the NBI, and the original copy to be placed in the “Persons
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Wanted File” of the police station concerned, and the six copies to be displayed in the
Rogues Gallery.
6. Fingerprint Files – fingerprints entered in a record card of all known essential data about
a subject.
7. Derogatory Information – information which reflect unfavorably on the character,
integrity, or reliability of an individual. It can be classified into two categories, namely: (1)
security-related derogatory information and (2) non-security related derogatory
information.
8. Modus Operandi Files – the procedure, style, means, approach, or maneuver being
adopted by criminals or other threat group in carrying out their illegal activity. Information
gathered from a CCTV camera, witnesses, and arrested suspect/s, and from Police and
other law enforcement files. It answers the question, HOW is the illegal activity being
undertaken. It also explains the intricacies of the illegal activity and portrays how
organized and/or established it is in certain area/s of operation.

INTERVIEW - The simple questioning of a person believed to possess information, which are
relevant to the investigation of a crime or on criminal activities. In an interview, the
interviewee is willing and cooperative with the person conducting the interview. It is the
friendly questioning of a person.
1) Cognitive Interview is a form or technique in the conduct of interview upon
willing and cooperative witnesses, where they are given the full opportunity to
narrate their accounts without intervention, interruption and interference from
the interviewer. After the subject has finished his narration, the investigator now
subjects him to the style of direct examination and cross-examination, to clarify
the unexplained portions to arrive at a vivid and complete picture of the
testimony.
2) Field inquiry is the general questioning of all persons at, near or around the
crime scene for purposes of gathering information about the crime.
3) QUESTION AND ANSWER style of interview are also practiced by some
investigators whereby after each question by the investigator, the interviewee is
required to answer on what he knows about what is being asked.

THE GOLDEN RULE IN INTERVIEW

“Never conduct or let anyone conduct an interview if the interviewer has
not gone to the crime scene.” The questioning should be in agreement with the facts
and conditions at the crime scene. The questioning will lead wayward for the
interviewer who had not seen personally the crime scene and he will not be in a position
to distinguish half-truths, exaggerations of falsehood from the answers of the person
being interviewed.

QUALITIES OF A GOOD INTERVIEWER

a) Rapport – It is the relation between the interviewer and the interviewee, which is
conducive to a fruitful result.
b) Forceful Personality – The appearance of the interviewer and other qualities such as
skills of communication techniques or the force of his language are the mainstays of the
strength of his character.
c) Knowledge of Human Behavior
d) Conversational Tone of Voice – His tone of voice must be conversational, not
confrontational as in interrogation.
e) Acting Qualities – He must possess the qualities of an actor, salesman and
psychologist and know how to use the power of persuasion.
f) Humility – He must be courteous, sympathetic and humble, ready to ask apologies for
the inconvenience of the interview.

REASONS WHY WITNESSES REFUSE TO TALK OR TESTIFY

1. Fear of Reprisal – witnesses who lack the courage to face the suspect, his associates or
relatives always entertain the fear of reprisal.
2. Great Inconvenience– On the part of those of hands-to-mouth existence there is this
real inconvenience, which will deprive them the time to earn for their living especially
during the ordeal of testifying during the trial.
3. Hatred Against the Police – This hatred maybe due to previous bad experience with
rogue members of the police organization.
4. Bias of the Witness – The witness maybe an acquaintance, friend, helper, or benefactor
of the suspect.
5. Avoidance of Publicity – There are witnesses who are shy and they shun publicity that
will bring discomfort to their ordinary or obscure way of living.
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6. Family Restriction – Some famous and respected families preserve their reputations by
instilling to their members the need of the approval of their elders on matters affecting
their families.

STEPS IN INTERVIEW
1) Thorough preparation = The investigator must determine the following before actually
interviewing the victim:
 the nature of the crime
 the identity and background of the victim
 the emotional state of the victim
2) Face to face questioning - The questioning will vary in minor details but will generally
involve many “retellings.” The questioning techniques used by the investigator
generally are determined by the emotional condition of the victim.
3) Conclusion - The final step of the interview of the victim.

Witness Interview - A witness is one who saw or knows by personal presence and perception
about the crime.
Victim Interview - The majority of the victim interviews involve people who have been
victimized by some form of theft and who have not been in contact with the perpetrator. A
smaller number will involve individuals emotionally affected by direct contact with the
criminal.

PURPOSES OF INTERVIEW
1) To establish facts necessary to prove the corpus delicti.
Corpus delicti (plural: corpora delicti, Latin: body of crime)- refers to all facts
and circumstances that would establish that a crime has indeed been committed. E.g
dead body in case of murder/ homicide or burned house in case of arson. In the event
that the physical body is not obviously present or missing, it is still possible to prove a
crime took place if enough circumstantial evidence is presented which is able to prove
the guilt beyond reasonable doubt.
2) To obtain descriptive information to identify the suspect.
3) To corroborate or disapprove information previously obtained.
4) To verify evidence which the investigator has drawn from other evidence.
5) To recover fruits of the crime.
6) To determine the location of suspects.

TYPES OF INTERVIEW
1) Background Interview - focused only in obtaining data regarding the personal
background of the subject, the simplest type of interview used in criminal cases.
2) Subjective Interview - An interview wherein the questions are phrased in a manner
such that the subject’s answers are based on his personal opinions or views.
3) Objective Interview - the type of interview that complies with the six cardinal points
of criminal investigation ( the 5 W’s and 1 H).

STAGES OF HANDLING INTERVIEW (CODE-PAWC)

1) PREPARATION – A background data of the subject should be available so that he
could adapt himself to the kind of approach to be employed.
2) APPROACH – The investigator must carefully select his kind of approach, which
maybe a single kind, a combination of two or the application of all techniques.
3) WARMING UP – This is done by preliminary or exploratory questions to clear the
atmosphere, promote a conducive ground for cordiality, respect and trust for each
other.
4) COGNITIVE INTERVIEW or Q and A – The subject now is asked to narrate his
account without interruption, intervention or interference.

I.R.O.N.I.C. FORMAT
The interview of a witness can be described by its acronym ‘ironic’ which stands for
identity, rapport, opening statement, narration, inquiry, and conclusion.
1. Identity – prior to the commencement of an interview, the investigator should identify
himself to the subject by name, rank and agency. Except, when there is no need to know
the officer’s identity.
2. Rapport – it is good to get the positive feeling of the subject towards the investigators, such
friendly atmosphere is a vital for both the subject and the investigator t have a better
interaction.
3. Opening statement – the investigator must have to indicate why the subject is being
contracted.
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4. Narration – the witness should be allowed to tell all he knows with little interruptions from
the investigator.
5. Inquiry – after all information have been given by the subject, that is the time for the
investigator to as question to clarify him about the case under investigation.
6. Conclusions – after the interview, it is but proper to close the interview with outmost
courtesy and thanking the subject for his cooperation.

INTERROGATION - it is the vigorous and confrontational questioning of a reluctant suspect or

witness about his/her participation in the commission of crime.

PURPOSES OF INTERROGATION
1. to obtain confession to the crime
2. to induce the suspect to make admission
3. to learn the facts of the crime
4. to learn the identity of the accomplice
5. to develop information which will lead to the recovery of the fruits of the crime
6. to discover the details of other crimes participated by the suspect

Interrogation Techniques
a) Emotional appeal – Investigators must be trained as practical psychologist to deal
with emotions of suspects. Best applicable to remorseful subjects.
b) Sympathetic approach – The investigator shall act and speak in a manner similar with
that of the suspect.
c) Friendliness – The investigator shall offer friendship with the suspect to win his/her
heart. If trust is gained, suspect may trust all information that may be useful in the
case being investigated.
d) TRICKS AND BLUFF TECHNIQUES
1. Pretense of Solid Evidence
2. Weakest Link
3. Bluff on a Split Pair
4. Drama
5. Feigning Contact with Family Members
6. The Line Up - Accused is lined-up among suspects.
7. Reverse Line Up - Accused is alone and coached witnesses and victims are piled
to make accusations against the accused.
e) Stern Approach – The investigator displays a stern personality and demands
immediate response.
f) Stern Methods:
1. Jolting – the investigator selects the right moment to shout a pertinent question
in an apparent righteous outrage.
2. Opportunity to Lie – The suspect is given all the opportunities to lie with
repetitive questions.
3. Indifference – The investigators will discuss the case in the presence of the
subject.
4. Questioning as a Formality – The investigator asks a series of questions to the
subject since it is the right of the subject to answer. If the subject Lies, then the
investigator may drop his pen and look at the subject and stares at his notes and
shakes his head.
g) Mutt & Jeff (Sweet & Sour Method) – The use of TWO investigators, arrogant and
thoughtful.
h) Removing the Ethnic or Cultural Barrier – If the suspect is an Ilocano, an Ilocano
investigator and the same should interrogate him, the same with other ethnic or
cultural groups.
i) Searching for the Soft Spot - The investigator may use any Soft Spot to let the
accused confess for a crime. The Soft Spots maybe the youngest child, the spouse,
brother and sister, best friend, etc.

MODERN TECHNIQUES OF INTERROGATION (Code: RPM)

1. Rationalization – It is the use of reasons, which is acceptable to the subject that led to
the commission of the crime.
2. Projection – It is the process of putting the blame to other persons, not alone to the
suspect.
3. Minimization – It is the act of minimizing the culpability of the suspect.

Physiological Symptoms of Guilt

1. Sweating – Sweating hands indicates deception
2. Color change – A pale face, blushed face.
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3. Dry mouth - Swallowing and sweating of the lips

4. Pulse – a Lying person increases heartbeat.
5. Breathing – a Lying person controls his breathing during questioning.

METHODS OF REPRODUCING AN INTERROGATION OR INTERVIEW

1. Mental Note – relying on simple memory
2. Written Note – must be sketchy and records significant data.
3. Stenographic Note - short handwriting
4. Audio Recording – recording sounds
5. Video Recording – recording sounds and moving pictures.

General Types of Recording Interview or Interrogation

1. Overt Transcript – recording of facts or information WITH THE KNOWLEDGE of the
subject.
2. Surreptitiously Transcript – recording of interview or interrogation WITHOUT THE
KNOWLEDGE of the subject.

A Philosophy Of Interview And Interrogation

“The RIGHT officer asking the RIGHT question in the RIGHT manner at the RIGHT time in
the RIGHT place will get the RIGHT answer.”

INSTRUMENTATION - This is sometimes called Criminalistics. It is the process of applying

instruments or tools of the police sciences in criminal investigation and detection. This is the
use of the Police Laboratory in the examination of physical evidences.
- The scientific examination of real evidence; application of instrument and methods of
the physical sciences in detecting crime. The sum of these sciences insofar as they are
applied to crime detection is called CRIMINALISTICS. In other words, the work
performed in a crime laboratory is called CRIMINALISTICS.
 CRIMINALISTICS may be defined as the recognition, identification, comparison and
evaluation of physical evidence by application of the natural sciences.
INSTRUMENTATION, however, is taken here to mean more than criminalistics. Thus,
fingerprint systems, modus operandi file, lie detector, and other investigative tools
are contained within the scope of the term INSTRUMENTATION.
METHODS OF INSTRUMENTATION
1. Dactyloscopy – The practical application of the science of making identifications by
fingerprint comparisons and the classification of fingerprints.
2. Forensic Ballistics – The science dealing with the motion of projectiles and the conditions
governing that motion or the study of natural laws relating to the performance of
gunpowder and projectiles in firearms.
3. Forensic Chemistry – The branch of chemistry that deals with the application of chemical
theories and principles in the solution of legal problems in connection with the
administration of justice.
4. Computer Forensics (sometimes Computer Forensic Science) – A branch of digital
forensic science pertaining to legal evidence found in computers and digital storage media.
Computer forensics is also known as digital forensics.
5. Forensic Medicine – The practice of medicine to elucidate legal matters. It deals with the
interaction of medical science with the law.
6. Forensic Anthropology – The application of the science of physical anthropology and
human osteology (the study of the human skeleton) in a legal setting, most often in
criminal cases where the victims’ remains are in the advanced stages of decomposition. A
forensic anthropologist can also assist in the identification of deceased individuals whose
remains are decomposed, burned, mutilated or otherwise unrecognizable.
7. Forensic Psychiatry – The interface between law and psychiatry. It involves the
assessment and treatment of mentally abnormal offenders, as well as the legal aspects of
psychiatry which require knowledge of the law relating to ordinary psychiatric practice,
civil law and issues of criminal responsibility.
8. Forensic Photography – Deals with the study of motion of photography, its application to
law enforcement work and the preparation of photographs for court presentation.
9. Polygraphy – The scientific method of detecting deception with the use of a polygraph
instrument. This is the new name for Lie Detection.
10.Questioned Document – Is any document about which some issue have been raised or
under scrutiny with respect to its genuineness and its origin.

METHODS OF IDENTIFYING CRIMINALS

1. by confession or admission of the criminal himself
2. identification by accounts or testimonies of eyewitnesses
3. identification by circumstantial evidence
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4. identification by associative evidence

5. identification by the method of operation (modus operandi)

CONFESSION VS. ADMISSION

Confession – is the declaration of an accused expressly acknowledging his guilt of the
charged, may be given in evidence against him. Types of confession:
1. Extra-judicial confession – those made by the suspect during custodial investigation.
2. Judicial confession– those made by the accused in open court. The plea of guilt may
be during arraignment or in any stage of the proceedings where the accused changes
his plea of not guilty to guilty.

Admission – A self-incriminatory statement by the subject falling short of an

acknowledgement of guilt. It is an acknowledgement of a fact or circumstances from which
guilt maybe inferred. It implicates but does not incriminate. It is also an acknowledgement
that a fact, action or circumstances are true which strongly infer or directly admit guilt but
lacks the detail of the elements of the crime.

RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION

1. confession or admission must be taken preferably in writing and under oath
2. it must be written in the language known and understood by the accused, if not it must be
clearly translated
3. it must be freely and voluntary given by the accused
4. under the new constitution, it must be taken in the presence of competent and
independent counsel chosen by the accused

KINDS OF CRIMINALS IDENTIFIED BY WITNESSES

1. known criminals 2. unknown criminals
METHODS OF IDENTIFICATION BY WITNESS
1. verbal description 3. photographic files (rogues gallery)
2. general photograph 4. artist sketch (composite criminal illustration)
WAYS OF IDENTIFYING THE SUSPECT/S
Ways of Identifying the Suspect/s during Custodial Investigation:
1. Show-ups – where the suspect alone is brought face to face with the witness for
identification;
2. Mug Shots (or Booking Photograph) – it is a photograph of the suspect taken after one is
arrested.
3. Line-ups – where the witness identifies the suspect from a group of persons lined up for
the purpose.

Circumstantial evidence – facts or circumstances from which, either alone or in connection

with other facts, the identity of the person can be inferred.
 Motive – is what induces the criminal to act
 Intent –is the result or accomplishment of the act
 Opportunity –is the physical possibility that the suspect could have committed the
crime.
It could be inferred from the following:
a. the suspect could have been in the vicinity of the crime scene at the time it was
committed.
b. knowledge of the criminal objective.
c. absence of an alibi on the part of the criminal.

PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS

1. Corpus delicti – is the body of the crime or fact of specific loss or injury sustained. It
constitutes the essential parts or elements in the commission of the crime.
2. Associative evidence – these are the pieces of evidence that will link the suspect to the
crime scene. The suspect may leave some clues at the scene such as weapons, tools,
garments or prints.
3. Tracing evidence – articles which assist the investigator in locating the criminal. Stolen
goods in the possession of the suspect in an example of tracing evidence.

ELEMENTS OF CRIME
1. Motive
2. Opportunity/situation
3. Instrumentality/capability
CRIME FORMULA:
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Formula of crime: C= T+S

R where T= Criminal Tendency ( Desire/Intent); S= Total
Situation (Opportunity); R= Resistance to temptation (Control)
SURVEILLANCE VS. CASING; SURVEILLANT VS. SUBJECT
 Surveillance – is the secret observation of persons, places, and vehicles for the
purpose of obtaining information concerning the identities or activities of the
subject. On the other hand Casing – is also a surveillance of a building, place or
area to determine its suitability for intelligence use or its vulnerability in an
intelligence operation.
 Surveillant – is the person who maintains the surveillance or performs the
observation, while the Subject – is the person or place being watched or surveyed.

The Following are the Kinds of Surveillance (UST):

1. Undercover or roping – Is a form of investigation in which the investigator assumes a
different and unofficial identity in order to obtain information; an investigative technique in
which the agent’s/investigators official identity is concealed to accomplish an investigative
mission.
2. Surveillance of place (fixed/ stake-out) – careful survey of the surrounding area should
be made. The character of the neighborhood, residents and transient should be noted.
The observation point should be selected properly. When observation is conducted from a
‘plant’, surveillance agents must be extremely careful not to reveal their true activity.
Observation may be made through a window or other aperture so as to be unnoticed from
the outside. Venetian blinds afford the best coverage, but may appear to be out of place of
some buildings.
3. Tailing or shadowing – Is the act of following a person, depends on the number of
surveillant available, volume of pedestrian traffic and importance of concealing the
surveillance.

METHODS OF SHADOWING
1. ABC method – reduces the risk of losing the subject, affords greater security agents
detection.
2. Combined foot-auto surveillance – employment of surveillants on foot and agents in an
automobile.
3. One man – extremely difficult and should be avoided, if unavoidable keep subject in view
at all times.
4. Progressive/leap from method – poor chances of obtaining good results, agents are
stations at a fixed point assuming that subject followed the same general route each day.
5. Two man – two agents are employed to follow the subject.

Things That Should Be Avoided During Shadowing

a) don’t meet the eye of the subject
b) don’t adopt a slinking, sleuthing, creeping manner
c) don’t wear story book disguises
d) don’t carry noticeable items
e) don’t greet fellow agents
f) don’t make notations ostensibly

Automobile surveillance – the methods of auto surveillance to be used depends upon the
numbers and type of surveillance vehicles available, the volume of vehicular traffic in the area,
the importance of concealing the surveillance from the subject, and the subject’s estimated
ability to detect and elude surveillance. At all times each vehicle should be occupied by at
least two agents; one to concentrate on driving, and the other to observe, take notes, operate
radio equipment, or to dismount and continue the surveillance on foot.

TYPES OF COVER
1. Natural cover – using the individual’s true identity, occupation or profession.
2. Artificial cover – the manufacture of documents, false documents, passports, or forged
documents.
3. Cover within the cover
4. Multiple cover

GOLDEN RULES OF UNDERCOVER AGENTS:

1. Don’t drink while working undercover

2. Don’t court women
3. Don’t take women in undercover assignment 5
4. Don’t claim to be a big shot
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5. Don’t fail to provide persons in the place who vouch for the operation

COMPOSITION OF AN INVESTIGATION TEAM

1. Team Leader – This is one who directs the search, assigns duties, and assumes
responsibility for the effectiveness of the search.
2. Investigator/Recorder – Criminal investigator is the skilled person who is charged with
the duty of conducting criminal investigation when a crime is committed. In the course of
investigation, the investigator acts also as recorder of data and information.
3. Photographer – This is a member of the investigating team who has undergone
photographic training which includes operation of all photographic equipment; shooting
techniques; problems to be anticipated; and identifying, filing, and maintaining continuity
of photographic evidence.
4. Evidence Custodian – He collects, preserves, and tags articles of evidence. He is an officer
who is responsible in the custody and care of evidence gathered at the crime scene or those
properly turned over to his possession for custodial purposes and preservation.
5. Composite Illustrator/Artist – Identification of the suspect may be made by the
employment of an artist to depict a composite of the features described by the eyewitness.

CRIME SCENE
- Crime scene can be understood to include all areas in which the criminal, any possible
victim and any eyewitness move during the time the crime was committed.
- The boundaries must be established so that the entire crime scene can be effectively
preserved.
- In some crimes, however, the crime scene may actually comprise several different sites.

Golden Rule at Crime Scene Investigation

Never touch, move, or alter any object at the crime scene unless it has been photographed,
measured, and sketched from any conceivable angle.
 Purpose: to avoid MAC.

THE GENERAL INVESTIGATIVE PROCEDURES AT THE CRIME SCENE

1. Upon arrival at the Crime Scene
a. Record time/date of arrival
b. Photograph/video the entire crime scene
c. Investigators must put on surgical gloves
d. Determine first the status of the victim/s, whether alive or dead
e. Designate other members of the team to secure the scene
f. Identify possible witnesses
g. Arrest suspect/s if he is still in the vicinity
h. Get statements of witnesses
2. Recording – The investigator begins the process of recording pertinent facts and details of
the investigation the moment he arrives at the crime scene.
3. Searching for evidence – The scene is processed in accordance with the prevailing
physical characteristics of the scene and with the need to develop essential evidentiary
facts peculiar to the offense.
4. Collection of evidence – This is accomplish after the search is completed, the rough
sketch finished and photographs taken. Fragile evidence should be collected as they are
found.
Physical evidence – these are the articles and materials which are found in connection
with the investigation and which aid in establishing the identity of the perpetrator or the
circumstances under which the crime was committed or which, in general assist in the
prosecution of criminal. it embraces any object, living or inanimate, solid, liquid, or gas
state.

Procedures Needed For The Care Of Physical Evidence

In order to introduce physical evidence in court, three important factors must be
considered:
a. the article must be properly identified
b. chain of custody must be proved
c. the evidence must be material and relevant
5. Marking of evidence – Any physical evidence obtained must be marked or tagged before
its submission to the evidence custodian.
6. Evaluation of evidence – Each item of evidence must be evaluated in relation to all the
evidence, individually and collectively.
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7. Preservation of evidence – It 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.
8. Releasing of evidence – All collected evidence can only be released upon order of the court
or prosecutor, as the case may be.

9. Chain of Custody – A list of all persons who came into possession of an item of evidence,
continuity of possession, or the chain of custody, must be established whenever evidence is
presented in court as an exhibit.
10.Conduct of Final Survey – the team leader makes a final review on the crime scene to
determine whether or not the processing has been completed.
11.Transmittal of Evidence to Crime Laboratory – Proper handling of evidence is necessary
to obtain the maximum possible information upon which scientific examination shall be
based, and to prevent exclusion as evidence in court.
12.Release of the crime scene – the release of the crime scene is done if the investigator is
satisfied that all pieces of evidence have been recovered. Thus, the investigator must
evaluate the items recovered from the results of the interrogations of the suspect/s and the
interview of the witnesses. he must bear in mind that upon the formal release of the crime
scene to the proper authority, the warrant is already required for his re-entry to the crime
scene.

DUTY OF DESK OFFICER UPON RECEIPT OF CALL/WALK-IN COMPLAINANT

1. Record the time it was reported 5. Get the identity of the caller/complainant
2. Get the place of the incident 6. Get the nature of the incident
3. Get the number of the victim/s 7. Record a brief synopsis of the incident
4. Direct the nearest mobile car/beat 8. Inform the duty investigator.
patrollers to act as first responders

The Duty of the First Responder

1. Record the exact time of arrival and all pertinent data regarding the incident
2. cordon off the crime scene with whatever available materials like ropes, straws, human
barricade, police line, etc.;
3. check whether the situation still poses imminent danger and call for back up if necessary
4. identify possible witnesses
5. arrest possible suspect/s if present
6. prepare to take the “dying declaration” of severely injured person, if any;
7. evacuate injured persons to the nearest hospital;
8. account for the killed, wounded and arrested persons for proper disposition
9. conduct initial investigation;
10.brief the investigator-on-case upon arrival and turn over the crime scene; and
11.conduct inventory on the evidence taken at the crime scene.

Preliminary Survey (team leader of CSI or SOCO)

1. makes a general assessment of the scene;
2. takes a cautious walk- through of the crime scene;
3. takes down extensive note to document important factors;
4. establishes the evidence most likely to be encountered;
5. defines the extent of the search area;
6. determines the personnel and equipment needed and makes specific assignments; and
7. from his assessments, he develops a general theory of the crime scene.

Documentation of the Crime Scene

The photographer begins taking photographs as soon as possible. The evidence collectors
do not touch or moved any evidence once it is located until it has been identified, measured
and recorded.
1. PHOTOGRAPHING THE CRIME SCENE – the main objective crime scene photography is
to create an accurate objective visual record of the crime scene before any item is moved as
possible physical evidence.
Major types of pictorial views:
a. Close-up view – physical evidence must be photographed in close-up view and for
different angles.
b. General view or long-range – photograph of the over-all scene. Distance: from the
doorway to the room and other corners of the room
c. Mid-range view - Distance: eight or ten feet from the victim
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2. CRIME SCENE SKETCHES – a rough sketch is prepared indicating the actual

measurement of things with scale and proportion observed and oriented to the North Pole.
All necessary information is placed in the sketch.

Elements of sketch:
a. measurement d. compass direction
b. essential items e. scale and proportion
c. legend f. title

Specific Kinds Of Sketches

a. Exploded/ cross projection – gives the clear impression of the scene in cases where
blood stains or bullet holes are found.
b. Sketch in details – the immediate scene only.
c. Sketch of locality- give picture of the scene, the crime and its environs, including
neighboring buildings, roads, etc.
d. Sketch of the ground- picture of the scene of the crime with its nearest physical
surrounding.

Sketching methods
a. neighborhood sketch c. elevation sketch
b. floor plan sketch d. detailed sketch

Types of measurements
a. Baseline method– a sketching method that makes measurements along from a single
reference line, called a baseline, which can be established by using a length of string,
chalk line, or some other convenient means.
b. Compass point method– a sketching method that requires a protractor or some
method of measuring angles between two lines. One point is selected as the origin and a
line extending from the origin becomes an axis from which the angles can be measured.
c. Cross projection method – a sketching method in which the ceiling appears to open
up like a lid of a hinged box, with the four walls opening outward. Measurements are
then indicated from a point on the floor to the wall.
d. Rectangular coordinates method – a sketching method that involves measuring the
distance of an object from two fixed lines at right angles to each other.
e. Triangulation method – a sketching method that requires measuring the distance of
an object along a straight line from two widely separated fixed reference points.

3. CRIME SCENE SEARCH - a crime scene search could only be started after it has been
photograph and sketched to systematically look for physical evidence that may prove
useful in establishing that a crime has been committed and to determine what method of
operation the perpetrator may have used.

Methods of search
a. Strip or line search method – the searchers will proceed at the same pace along the
path parallel to one side of the rectangle.
b. Double strip or grid method – is a combination of the strip search and is useful for
large crime scene.
c. Quadrant of zone method – the area to be searched is divided into four quadrants and
each searcher is assigned to one quadrant.
d. Spiral or circular method – the searchers will follow each other in the path of a spiral,
beginning in the outside and spiraling towards the center or vice versa in a clockwise or
counter clock-wise direction.
e. Wheel, radial or spoke method – is applicable for area which is considered to be
approximately circular or oval. The area is then divided into six quadrants in a pie-like
fashion.

4. NOTES TAKING – note taking must be a constant activity throughout the processing of the
crime scene. Notes must include:
a. detailed written description of the crime scene with locations of recovered physical
evidence;
b. the time when the physical evidence was discovered;
c. the person who discovered and collected the physical evidence;
d. the time when evidence was packaged and marked; and
e. the disposition of the item when it was collected.

ARREST
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-“arrest”-Latin word “arrestare” which means “cause to stop” or “restare” which means
“stay behind”.
- taking of a person into custody so that he may be bound to answer for the commission
of an offense
- Done by by actual restraint or by voluntary submission to custody
Modes of Arrest
 by virtue of warrant of arrest (an order in writing issued in the name of the People of
the Philippines; signed by a judge; directed to a peace officer, commanding him to
arrest the person designated and take him into custody of the law in order that he may
be bound to answer for the commission of an offense.)
 by warrantless arrest under exceptional circumstances provided by the statute

Alias Warrant - Refers to the warrant of arrest issued by a judge to the peace officer after
returning the original warrant of arrest after the lapse of the 10-day validity period.

Richard Doe/ John (Jane) Doe Warrant - A warrant containing no specific person to be
arrested but only descriptions based from the testimonies of the victim/s or the witnesses/es.
It contains the physical description of the accused as well as other factors to be considered for
the identification of the accused (Sadili & Pena, 1998).

WARRANT OFFICER - Any authorized member from LEA usually from PNP r NBI who holds a
warrant for execution within 10 days from receipt subject to renewal in case of failure to
execute the same.

VALIDITY OF WARRANT OF ARREST

• Should be executed within 10 days from its receipt.
• If not served, it remains valid for a lifetime unless:
a) recalled by the issuing court
b) respondent was already arrested
c) respondent voluntarily submitted him/herself to the jurisdiction of the issuing
court
d) respondent died

GROUNDS FOR WARRANTLESS ARREST (Based on RULE 113, SEC 5, RULES OF COURT)
1. When in his presence, the person to be arrested has committed, is actually
committing or is attempting to commit an offense. (Inflagrante delicto)
2. When an offense has in fact just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested

has committed it. (Doctrine of Hot Pursuit or Fresh Pursuit - an immediate, recent
chase or follow-up without material interval for the purpose of taking into custody any
person wanted by virtue of a warrant or one suspected to have committed a recent
offense while fleeing from one police jurisdiction to another, necessitating the
pursuing.)
3. When the person to be arrested is an escapee from a penal establishment.
- serving final judgment
- temporarily confined/pending case
- while being transferred
4. When the right is validly waived.
- consent-willing to be taken into custody
5. When an accused who was released on bail attempts to depart from the Phil without
prior permission of the court where the case is pending
6. Violent insanity.
7. Ailment requiring compulsory confinement in a hospital. (communicable disease like
SARS, AH1N1, MENINGO etc)

SOP IN MAKING WARRANTLESS ARREST

1. freeze or restrain the subject
2. introduce properly your identity and authority to arrest
3. inform the circumstances of the arrest and recite the miranda warning
4. search thoroughly weapons and illegal materials
5. no unnecessary force shall be used
6. confiscate contrabands and properly document
7. bring immediately to police station
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SEARCH - Anglo-Norman “searcher”; Old French “cerchier”- to explore; Latin word

“circare”- go around in circles

- the act of examining documents, papers and effects

- Valid for 10 days after receipt thereof
- Executed at daytime- dawn to dust

WHO SHOULD WITNESS A SEARCH?

• The legal occupant thereof
• Any member of his/her family of legal age
• In the absence of the latter, two witnesses of sufficient age and discretion residing in
the same locality

REQUISITES BEFORE A SEARCH WARRANT MAYBE ISSUED

1. Probable cause- must be personally determined by a judge
2. Judge must personally examine the witnesses/applicant
3. Search must particularly describe or identify the property to be seized
4. Issued not more than 10 days prior to the search made

Search Warrant - An order in writing issued in the of the People name of the Philippines,
signed by the judge and directed to a peace officer commanding him to search for personal
property and bring it before the court.

TYPES OF SEARCH FOR THE PERPETRATOR

1. hot search - actual search of the crime scene immediately after the commission of the
crime
2. warm search - search of the general vicinity of the crime scene
3. cold search - investigative search

TYPES OF SEARCH AFTER ARRESTING A PERSON

1. wall search - off-balance position; safest
2. standing search
3. kneeling search
4. prone search

WARRANTLESS SEARCH
- same general rule with warrant of warrant of arrest
Legal Grounds
 search incidental to a lawful arrest
 search in violation of tariff and custom laws
 plain view doctrine-lawfully present
 search of a moving vehicle- abnormal situation
 inspection of buildings for fire and sanitary regulations
 consented search
 frisk search

SEIZURE OF ARTICLES
 Any evidence seized in possession of an arrested person which in a way has a
connection to the case being investigated can be used as evidence against him. The
rest, should be returned.
 robbery/theft

OTHER TERMS ENCOUNTERED IN HOMICIDE AND MURDER

 Sororicide – the act of one who kills his sister
 Fratricide – killing of own brother
 Matricide – killing of a mother by own child
 Parricide – killing by any person of his ascendance or descendance
 Patricide – killing of own father
 Infanticide – killing of infant less than 3 days
 Suicide – killing one’s life intentionally
 Uxoricide – killing of one’s wife
 Regicide – murder of a king
 Vaticide – murder of a prophet
 Euthannasia – mercy killing
 Abortion –destroying a fetus in the womb
Prepared by Phoenix (Review 2, Department of Criminology)

DEFINITION OF TERMS
1) Case Conference – is a conference purposely to bring the investigation process together
particularly serious matters/cases and ensure that the investigation is being carried out
in a timely fashion. It may done face to face or virtually as mediated by communication
technology such as telephone conference call or video conference to produce a product or
substantial/concrete result for a decision.
2) Case Folder – is the complete copy of investigative documents in a particular case.
3) Case Management – is the ability to “queue” matters to different individuals and
agencies so as the cases can be monitored and nothing falls between the “cracks”.
4) Case Officer – refers to the person responsible for and in charge of the investigation of a
case.
5) Case Referral Report – serves as endorsement to the Prosecutors Office of the case
being brought by the investigating officer before their (Prosecutor) attention for
appropriate action (either for inquest or regular filing). When the particular case is
already referred to the Prosecutor the investigation of the case terminates and the
jurisdiction over the case already resides with the Prosecutor in-charged.
6) Case Review – is the detailed analysis and intensive study of a certain case under
investigation that stresses factors contributing to its success or failure.
7) Chain of Custody – is the number of persons who handled and possessed the pieces of
evidence the moment that they were collected, marked and tagged, up to the time of the
final disposition of the case. Chain of custody also means maintaining detailed records
about documents from the time they are received in the investigation process until the
trial is completed. Helps to substantiate that documents have not been altered or
manipulated since coming into the investigator’s hands.
8) Command post – an area which, is ideally located adjacent to the crime scene where the
CSI evidence custodian stays and receives the pieces of evidence turned over to him for
safekeeping by the other evidence collectors.
9) Corpus Delicti – means the body or substance of the crime, and may be define in its
primary sense as the fact that a crime actually committed. As applied to a particular
offense, it means the actual commission by someone of the particular crime charged.
10)Crime Analysis – refers to the use of systematic analytical methods to acquire timely
and pertinent information on crime patterns and trend correlations; subdivided into
administrative, strategic, and tactical analysis.
11)Crime Scene – refers to a location at which an offense was committed and where
potential for evidence of that crime may exist. It can be understood to include all areas
in which the criminal, any possible victim/s and any eyewitness/es moved during the
time the crime was committed. Crime Scene refers to the venue or place where the
alleged crime/incident/event has been committed. The place from which most physical
evidence associated with the crime will be obtained.
12)Crime Scene Investigation (CSI) – is the conduct of processes more particularly the
recognition, search, collection, handling, preservation and documentation of physical
evidence to include identification of witnesses and arrest of suspect at the crime scene.
13)Criminal Investigation – is an art which deals with the identity and location of the
offender and provides evidence of guilt through criminal proceedings.
14)Criminal Profiling – is the process of inferring distinctive personality characteristics of
individuals who commit crimes.
15)Custodial interrogation/investigation – is the questioning of a law enforcement officer
on a person under custody and otherwise deprived of his freedom or liberty. This is the
stage in investigation where there is strict observance of the Miranda doctrine.
16)Elicitation – is the process of taking information from the subject without his
knowledge.
17)Exhumation – defined as the bringing out from the grave the remains of a dead person
for purposes of medico-legal re-examination.
18)Fact – is anything which either through careful observation or investigation, has been
proven to exist as to have happened.
19)Field Inquiry – is the general questioning of all persons at the crime scene conducted by
the investigator.
20)First Responders – refers to members of the police, military, fire, medical and other
volunteer organizations who are expected to be the first to respond to calls for assistance
in cases of incidents involving explosives.
21)Fraud Investigation – means the following up on fraud prediction to determine if fraud
is or has occurred and, if so, by whom, for how much, in what way, and where. The
process of gathering evidence to either confirm or reject the fraud prediction.
22)In Articulo Mortis – means at the point of death.
23)In Flagrante Delicto – means in the very act of committing a crime.
24)Investigator-on-Case – is the person responsible for and in charge of the investigation
of a case.
Prepared by Phoenix (Review 2, Department of Criminology)

25)Leads – are clues or pieces of information that aid in the progress of an investigation.
Leads can be physically evidence or information received by witnesses or other persons
through surveillances, undercover investigations, and record searches. A lead is
anything that can assist an investigator in resolving an investigation.
26)Miranda doctrine – this case which entitled Miranda vs. Arizona, is a us supreme court
jurisprudence which laid down the constitutional rights of the accused during custodial
investigation. it was incorporated in our 1973 constitution and later in the 1987
constitution of the Philippines.
27)Modus Operandi – is the method of the operation by specific criminal or criminal
syndicates. It is the distinct pattern of how a crime is committed and is established by a
series of crimes under one classification.
28)National Forensic Science Training Institute (NFSTI) – under the Philippine Public
Safety College is the institution that trains uniformed personnel of the Philippine
National Police to become a certified investigator.
29)Pattern – refers to a series of similarities that may link particular cases or indicate that
the same person is committing a series of crimes. Pattern could include time of day, day
of the week, description of the suspects, type of weapon being used, type of victim,
location, and other variables.
30)Police Line-up – is the process of identification by witnesses of the unknown fugitive
who is mixed with innocent persons lined before the witness.
31)Raid – means the surprise invasion of a building or area. It is a small-scale attack of a
limited territory.
32)Rogues Gallery – is one instituted by the New York City Police Department in 1857, a
display in which photographs of known offenders were arranged by criminal specialty
and height for detectives to study so that they might recognize criminals on the street.
33)Scene Of Crime Operation (SOCO) – It is a forensic procedure performed by trained
personnel of the PNP Crime Laboratory through scientific methods of investigation for
the purpose of preserving the crime scene, gathering information, documentation,
collection and handling of all physical evidence. It is the conduct of processes, more
particularly the recognition, search, preservation, documentation, collection, packaging
and handling of physical evidence.
34)Tips – are leads provided by citizens that aid in the progress of an investigation.
Generally, tips involve the identity of the suspect/s.
35)Wanted Person Report – refers to information of persons who are wanted by the police
shall be flashed by means of “Notice” wanted person, accomplished in six copies, one
copy to send to the PNP Provincial Director, one copy to the PNP Regional Director, one
copy to the Chief, PNP, one copy to the NBI, and the original copy to be placed in the
“Persons Wanted File” of the police station concerned, and the six copies to be displayed
in the Rogues Gallery.