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COURSE TITLE: SPECIALIZED CRIME INVESTIGATION WITH SIMULATION ON INTERROGATION

AND INTERVIEW
COURSE NO.: CDI 221
CHAPTER 1: INTRODUCTION TO CRIMINAL INVESTIGATION

WHAT IS CRIMINAL INVESTIGATION?

The term “investigation” came from the Latin word “vestigium” which means “footprint, track.” Joined with
the prefix in-, the noun vestigium gave rise to the word INVESTIGARE. This word means both “to track or
trace by footprints” and “to study or examine closely”. Only the second meaning was kept when the verb
was borrowed into English as investigate (wordcentral).

It is the act or process of examining a crime, problem, statement, etc. carefully specially to discover the
truth (Cambridge Dictionary)

Criminal investigation refers to the art and science of collecting, processing and analyzing information and
facts associated with and for the purpose of the following:
1. To identify the offenders
2. To locate the offenders
3. To provide evidence that determine his guilt.

THE GOLDEN RULE IN CRIMINAL INVESTIGATION

Do not touch, alter, move or transfer any object at the crime scene unless it is properly marked, measured,
sketched and/or photographed.

PHASES OF CRIMINAL INVESTIGATION

Criminal investigation refers to the process of collecting information (or evidence) about a crime in order to:
1. Determine if a crime has been committed
2. Identify the perpetrator
3. Apprehend the perpetrator
4. Provide evidence to support a conviction in court.

ARREST, SEARCH and SEIZURE

The primary duties of a crime scene investigator are that of search and seizure. This is one area
that affects evidence. If you do it wrong, the evidence may be suppressed, which may lead to you being
sued civilly.

As crime scene investigators, a large part of your scene duties includes searching and seizing items
of evidence. It may not be your responsibility as the crime scene investigator to secure the legal means to
properly process a crime scene; however, you must know where you legally stand when actually
processing the crime scene. If you process a crime scene with a search warrant and are unaware of what
you are directed to take, you risk taking a chance on evidence being suppressed.
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ARREST
The term arrest came from the Latin word ARRESTARE which means “cause to stop” and RESTARE which
means “stay behind”. These terms were used as early as during the 14th century.

On the other hand, the word search was derived from the Anglo-Norman word “searcher” , old French
“cerchier” which means “go around in circles”.

RA No. 7438- an act defining certain rights of person arrested, detained or under custodial investigation as
well as the duties of the arresting, detaining and investigation officers and providing penalties for violation
thereof.
1. The right to be informed of these rights
2. Right to remain silent
3. Right to counsel
4. Right to waive these rights in writing and in the presence of counsel

SEARCH

A search is an action of the government that intrudes upon a person’s reasonable expectation of privacy.

SEIZURE

There is no seizure unless the person is physically restrained or they submit to a lawful show of
authority. A subject was not seized while being chased by the police, and thus the issue of whether there
was reasonable suspicion justifying the police action was irrelevant. There is no seizure unless there is no
physical restraint or submission to lawful show of authority. (California vs. Hodari D.)

SCOPE OF SEARCH

The scope of search may not exceed the consent given. The scope of a permissible consent search
is governed by the scope of consent, which is measured by what a reasonable person would understand
the person giving consent allowing. Consent to search the inside of the entire vehicle was also deemed to
open a paper bag on the floor board. “Before an officer may actually destroy or render completely useless a
container which would otherwise be within the scope of a permissive search, the officer may obtain an
explicit authorization, or have some other, lawful basis upon which to proceed”. The consent to search
luggage did not authorize the opening of cans of tamales found inside.

LEGAL MEANS TO PROCESS A SCENE

-consent
-search waiver
-search incident to arrest
-exigent circumstances
-search warrant
-court order
-exceptions to the warrant requirements

CONSENT

A person may give a verbal permission to process their home, business, or vehicle for evidence.
This is the simpliest form of legal authority to search a crime scene. The state, however, has the burden of
proof to show that the consent was voluntary and not the product of coercion. The consent given is judged
on the totality of the circumstances.

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SEARCH WAIVER

This is the next level up of verbal consent. It is a written consent to search premises or vehicle. This
is essentially the written form of a verbal consent. The information discussed in the verbal consent also
applies to a search waiver. Who has authority (standing) to sign a search waiver is based on the same
grounds as the person who can grant verbal consent.

SEARCH WAIVER/VERBAL CONSENT

Whether the consent is based on verbal consent or signed search waiver, the person granting the
consent may anytime withdraw the consent to the search of the premise or vehicle. Take, for example, a
person in the backseat of a police vehicle attempting to notify the searching officers that he was
withdrawing his consent to the search by knocking on the door window. If the knocks were to go unnoticed,
and the defendant raises the issue that they were attempting to withdraw the consent, that court would
inevitably rule that the individual withdrew their consent and everything past that point was improperly
collected and therefore inadmissible.

SEARCH INCIDENT TO ARREST

A search or seizure without a warrant as an incident to lawful arrest has always been considered to
be a strictly necessities of the situation at the time of the arrest. But there must be something more in the
way necessity than merely a lawful arrest. The court reversed its previous ruling, holding that the officer’s
reasonableness of search incident to an arrest. the decision suggested that any area within the immediate
control of the arrestee could be searched. The decision, however, did not define the term “immediate
control” or see Rule 113, sec. 5 of the revised rules of court.

SEARCH WARRANT

A search warrant is a court order issued by a judge that authorizes a law enforcement to conduct
search of a person or location for evidence of criminal offense and seize such items. The warrant must
particularly describe the persons, places and things to be searched and/o seized so that nothing is left to
the discretion of the officers. In general, a search warrant is sufficiently specific if it enables searcher
reasonably to ascertain and identify things authorized to be seized. We will now break down these four
parts into probable cause, the affidavit, the particular person or place to be searched, and the particular
items to be seized.

WARRANT OF ARREST

It is an order in writing, issued in the name of the people of the Philippines, signed by a judge and directed
to a peace officer, commanding him to take a person into custody in order that he may be bound to answer
for the commission of an offense.

Even if not served within 10 days from issuance, it remains valid until:
-Recalled by the issuing court
-Culprit was arrested
-Culprit voluntarily surrendered
-Culprit died

WARRANT OF ARREST

General Rule: No person shall be arrested without a valid warrant of arrest issued by a competent
court.

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Exceptions (Warrantless Arrest)

1. Arrest in flagrante delicto
2. Arrest in hot pursuit
3. Arrest of escaped prisoner/detainee
4. Arrest by a bailor against the bailee who jumps bail
5. Arrest of an undesirable alien ordered by the president or the Commissioner of the BID

Exempted from arrest:

1. Members of the Congress who committed a crime with a penalty of 6 years imprisonment or lesser
2. Foreign Sovereign Officials- Head of States, Ambassadors, Public Ministers, Charge’s d affaires

Note: Violation of Parliamentary Immunity- a crime committed by peace officers who arrest members of
Congress who are immune from arrest.

METHOD OF ARREST BY OFFICER WITHOUT WARRANT

The officer shall inform the person to be arrested of his authority and the cause of the arrest;
UNLESS, the person to be arrested is then (1) engaged in the commission of the crime or is (2) pursued
immediately after its commission or after an escape, or (3) flees or forcibly resists before an officer has
opportunity to inform him, or (4) when the giving of such information will imperil the arrest.

WHEN TO USE FORCIBLE ENTRY?

1. When refused admittance, or respondent named in the process is not found or shown to be in the
dwelling.
2. When breaking out of building or enclosure to effect release or liberate himself
3. Arrest after an escape or rescue

RIGHTS OF THE ACCUSED

1. The right to be presumed innocent
2. Right to be informed of the nature and cause of accusation against him
3. Right to defend himself or by counsel
4. Right to testify on his own behalf
5. Right against self-incrimination
6. Right to confrontation and cross examination of witness against him in trial
7. Right to compulsory process
8. Right to an impartial and public trial
9. Right to appeal in all cases and in the manner prescribed by the law.

EVIDENCE

It is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding, the truth
respecting the matter of fact.
PROOF- the result of evidence
BURDEN OF PROOF- Lies in the prosecution

Evidence is admissible when it is:

a. Relevant to the issue; and is
b. Not excluded by law or the rules.

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CLASSIFICATION OF EVIDENCE:
1. OBJECT EVIDENCE- Directly addressed to the senses of the court. Referred toa s real evidence or
evidence by “autoptic preference”.
2. DOCUMENTARY- consist of writing or any material containing modes of written expression (i.e.
words, numbers, figures, symbols) offered as proof of their contents.
3. TESTIMONIAL- Submitted to the court through the testimony or disposition of a witness.

OTHER CLASSIFICATIONS OF EVIDENCE:

1. Direct- proves the fact in dispute without aid of any inference or presumption
2. Circumstantial- proof of fact/s from which, taken singly/collectively, the existence of the particular
fact in dispute maybe inferred as a necessary/probable consequence. It is evidence of relevant
collateral facts.
3. Cumulative- Evidence of the same kind and to the same state of facts.
4. Corroborative- additional evidence of a different character to the same point.
5. Prima Facie- that which, standing alone is sufficient to maintain the proposition affirmed.
6. Conclusive- that class of evidence which the law does not allow to be contradicted.
7. Primary- (Best Evidence) the law regards these as affording the greatest certainty of the fact in
question
8. Secondary- (substitutionary evidence) permitted by law only when the best evidence is unavailable.
9. Positive- when a witness affirms that a fact did or did not occur (there is personal knowledge)
10. Negative- when the witness states that he did not see or know of the occurrence of the fact.
11. Relevant Evidence- offered piece of evidence has probative value as to the fact in issue
12. Competent- are evidence not excluded by law
13. Material Evidence- the offered evidential fact is directed to prove a fact in issue.

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