CDI 1- Fundamentals of Investigation & Intelligence

Defining Investigation and Criminal Investigation

Etymology of Investigation

 The term came from the Latin word INVESTIGARE (vestigare in some books)
which means “to track or to look into for traces”.
 Fundamentally, it may have been derived from VESTIGIUM, another Latin
word which means footprint. (MS Encarta Reference Library, 2009)
 Criminal Investigation came from the Latin term Investigationem, which
means “to inquire or to discover” during the 5th century (Microsoft®
Encarta® 2008. © 1993-2007 Microsoft Corporation).

Definition of Terms

1. Investigation refers to the process of carrying out a detailed

examination or inquiry usually in official manner, to discover something
or somebody.
2. Criminal Investigation is a logical process of collection and analysis of
facts about persons, things and places relative to a crime. It includes:
1. Identification of the guilty party
2. The location of the whereabouts of the guilty party, and
3. Providing admissible evidence to establish the guilt of the parties
involved in the crime.
3. Criminal investigation is an undertaking that seeks, collects, and
gathers evidence of a crime for a case or specific purpose
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Criminal Investigation as

 an art
 a science
 a process

TIMELINE AND PERSONALITIES IN CRIMINAL INVESTIGATION

 2100 B. C. BABYLON: as civilization developed, social and cultural

traditions were codified into formal laws. The Code of Hammurabi was
then implemented to detect those who refused to obey the law. It imposes
the Lex Taliones
 5th CENTURY B.C., ROME: Rome created the first specialized investigative
unit. It was named as QUESTORS/TRACKERS/MURDERERS due to their
cruel treatment to suspects in investigating crimes.
 6th CENTURY B.C. ATHENS: Unpaid magistrates (judges), were appointed
by the citizens to make decisions for the cases presented to them.
 9th CENTURY. ENGLAND: King Alfred the Great established a system of
“mutual pledge” (social Control), which organized for the security of the
country into several levels;
 AT ABOUT THE TIME OF CHRIST, ROME: The Roman Emperor Augustus
picked out special, highly qualified members of the military to form the
Praetorian Guard, the Praefectus Urbi and the Vigiles of Rome.
 1285 A.D., ENGLAND: THE STATUTE OF WINCHESTER was enacted
establishing a rudimentary criminal justice system in which most of the
responsibility for law enforcement remained with the people themselves.
 1720’s, ENGLAND: JONATHAN WILD – He was a buckle maker and a
brothel operator; a master criminal who became the London’s most effective
criminal investigator.
 1750s, ENGLAND: HENRY FIELDING – An English man who wrote a novel
entitled “TOM JONES” and was appointed as magistrate (sheriff) for the
areas of Westminster and Middle Age, London. He was the creator of the
Bow Street Runners.
 1753, ENGLAND: JOHN FIELDING – The younger brother of Henry
Fielding who took over the control of Bow Street Court in 1753. Despite of
his closed vision (blind), he guided the runners, they became quite effective.
 1800, LONDON: PATRICK COLQUHOUN – A prominent London President
who proposed the unique idea of creating sizeable uniformed force to police
the city of London in order to remedy the public outcry concerning the
increase of criminality during the early 1800s.
 EARLY 18TH CENTURY, ENGLAND: The first body of public-order officers
to be named police in England was the Marine Police, a force established in
1798 to protect merchandise in the port of London.
 1811, FRANCE: EUGENE “FRANCOIS” VIDOCQ - established a squad of
ex-convicts to aid the Paris Police in investigating crimes. He worked under
the theory of “Set a thief to catch a thief.” He introduced the concept
of “Trade Protection Society,” which became the forerunner of our
present-day credit card system. He is credited, as the founder of La Surete,
France’s National Detective Organization.
 1829, LONDON: ROBERT PEEL – The founder and chief organizer of
London Metropolitan Police. He introduced the techniques in detecting
crimes such as detectives concealing themselves, and secretly
photographing and recording conversations.
 1833, ENGLAND: London Metropolitan Police employed the first undercover
officer.
 1835, TEXAS RANGERS was organized as the first law enforcement agency
with statewide investigative authority. This is the forerunner of the Federal
Bureau of Investigation (FBI).
 1839, BIRTH YEAR OF PHOTOGRAPHY: WILLIAM HENRY FOX
TALBOT explained a photographic process he had invented to the Royal
Society of London.
 (1847-1915), DR. HANS GROSS – The earliest advocate of criminal
investigation as a science.
 1852, U.S.A: CHARLES DICKENS is a great novelist in which through his
story entitled bleak house, he introduced the term detective to the English
language (Adams & Taylor, 1995).
 1852, U.S.A: ALLAN PINKERTON was the America’s foremost private
detective. This individual truly deserves the title of “America’s Founder of
Criminal Investigation.” Among methods pioneered were “shadowing,” the
art of suspects surveillance, “roping,” working in undercover capacity, they
have the motto, “We never sleep.”
 1856, U.S.A: KATE WAYNE: The first woman detective in the history of
criminal investigation. She was hired by the Pinkerton Agency and
contributed to the resolutions of big cases of the United States of America.
 1866, U.S.A: THOMAS BYRNES - He is an unusually keen-minded
individual who trained his detectives in recognizing individual criminal
techniques. He founded the criminal “modus operandi,” or method/mode of
operation.
 1866, LIBERTY, MISSOURI, USA: THE JESSIE JAMES GANG made the
first hold-up which marks the beginning of the gang’s 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 their
take was $60,000.00.
 1877, ENGLAND: HOWARD VINCENT – He headed the newly organized
Criminal Investigation Department in Scotland Yard.
 1882, FRANCE: ALPHONSE BERTILLON – A French Police Clerk who
introduced and established the first systematic identification system based
on the Anthropological Signalment (Anthropometry). He is considered as the
founder of Criminal Investigation.
 1887, DR. ARTHUR CONAN DOYLE – He popularized the scientific
Criminal Investigation by creating the fictional detective Sherlock Holmes
and his friend Watson.
 1892, ENGLAND: FRANCIS GALTON – An English man who published his
study on classifying fingerprints and recognized the uniqueness of the
fingerprints to be used as evidence against a suspect
 1909-1924 JOHN EDGAR HOOVER – He became the head of the Federal
Bureau of Investigation, which was established by the attorney general from
1909 to 1924.
 1913, PHILIPPINES - The genesis of Criminal Investigation in the Manila
Police Department, presently the Western Police District took place.
 1918, ENGLAND, a new concept was introduced in the field of Criminal
Investigation. This is known as “Team Policing.”
 1954, USA: DR. PAUL KIRK – The best known Criminalist who headed the
Department of Criminalistics at the University of California, USA.
 1966, USA: MIRANDA Vs ARIZONA – The US Supreme Court established
procedural guidelines for taking criminal confessions. The case is the origin
of the present Miranda rights of every accused under the custody of police.

The Criminal Investigator

THE CRIMINAL INVESTIGATOR

 Criminal investigator is the superstar in the process of investigation. He

must be capable of observation and a rational thinker. Many times, a police
investigator is being tested with his discretion.

Roles of Investigator

1. Determine whether a crime has been committed

2. Identify the victim/s and the offender
3. Locate and apprehend the accused
4. Present evidence of guilt for the suspect/s
5. Assist in case follow-up

Qualities of a Criminal Investigator

1. Perseverance
2. Endurance
3. Incorruptible Honesty and Integrity.
4. The intelligence and Wisdom of Solomon
5. Acting Ability
6. Mastery of the Oral and Written Communication
7. The Keen Power of Observation and Description
8. Courage
9. Working Knowledge
10. The power to “read between the lines.”
11. Working knowledge of martial arts and firearms proficiency

Desirable Traits of the Investigator

1. Superior Reasoning Ability is the ability to analyze logically a multitude of

facts and determine how they interrelate is basic to the investigative
process.

Elements from the foundation of the critical thinking process:

 o Differentiating between fact and opinion.
o Determining cause-and-effect relationships
o Determining the accuracy and completeness of information presented.
o Recognizing logical fallacies and faulty reasoning.
 Developing inferential skills through deductive or inductive reasoning

2. Imagination and Curiosity

o Imagination
o Curiosity

3. Intuition- This is the immediate apprehension or cognition – quick and

ready insight without the conscious use of reasoning.

4. Observational Ability- Under most circumstances, the investigator will use

the sense of seeing and hearing, the former being the more significant.
5. Organizational Ability- The police investigator is continually processing
various types of information.
6. Legal Knowledge- Today’s investigator must possess a solid grounding in
criminal and to a lesser degree, in civil law.
7. Cultural Understanding and a Wide Range of Interest- An awareness and
understanding of cultures different from the investigator’s own can be of great
advantage.
8. Persistence- Continuing in the face of opposition, or refusing to give up
when faced with an adverse situation.

Criminal Investigation: Phases, Kinds , Forms and Goals

K. SIX 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

The Golden rule in Criminal Investigation

The golden rule states “Do not touch, alter, move, or transfer any object
at the crime scene unless it is properly marked, measured, sketched
and/or photographed.”
The purpose of this rule is to avoid the mutilation, alteration and
contamination (MAC) of the physical evidences found at the crime scene.

INFORMATION AND PHYSICAL EVIDENCE

INFORMATION - It is the knowledge or facts which the investigator had
gathered or acquired from persons or documents, which are pertinent or
relevant concerning the commission of the crime or criminal activities.
INFORMATION CLASSIFIED AS TO ITS SOURCES:

1. Regular Sources - Records, files from the government or non-government

agencies, news items. The bulk of application of this nature is news items.
Included also is news or TV broadcast, intercepted radio, telephone
messages and stored computer area.
2. Cultivated Sources - Information furnished by informants or informers.
3. Grapevines sources - When the information is disclosed by the underworld
characters such as prisoners or ex-convicts.

FORMS OF INFORMATION

1. Sensory form – This is the form of information wherein information was

acquired through the five senses: eyes, ears, nose, tongue and hands can
perceive the manifestation of criminal event.
2. Physical form – The form of information that can give information to the
person because of its physical appearance. The information may actually be
in physical (real) form, physical objects w/c proves upon evaluation to be a
clue in investigation.

CLASSES OF EVIDENCE

1. Testimonial Evidence – most common form of evidence obtained by

interview and interrogation of which witnesses smell, hear, taste and touch
are being described through oral and written testimony.
2. Documentary Evidence – are writings, including official records, or
contents “could speak for themselves” when read by the investigation and
the court. They may be collected through voluntary relinquishment or by
a Subpoena Duces Tecum (court order) which compels the party to bring
the records to the court.
3. Physical/ Real/ Object Evidence – are physical objects used as evidence
w/c are obtained through searches at the scene of the crime. Articles and
material found in connection with investigation, which aid in establishing
the identity of the perpetrator.

KINDS OF PHYSICAL EVIDENCE

1. Corpus delicti – objects/substances which are essential parts of the body

of the crime.
2. Associative evidence – evidence which links the suspect to the crime scene
or offense such as fingerprints & shoe prints.
3. Tracing evidence – article w/c assist the investigation in locating the
suspect such as ID and other personal documents (birth certificate, diary)
that may identify the person concerned.
4. Circumstantial evidence – Identification is being established indirectly by
proving other facts or circumstances from which, either alone or in
connection with other facts. The identity of the perpetrator can be inferred.

Interview is the simple questioning of a person believed to possess

information, which are relevant to the investigation of a crime or on criminal
activities.
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.
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.”

B. Qualities of a Good Interviewer

1. RAPPORT – It is the relation between the interviewer and the interviewee,

which is conducive to a fruitful result. It is winning the confidence of a
person being interviewed in order that he will tell all the information in his
possession. The interviewer must be in a respectable civilian attire because,
most often and the majority of people, the police uniforms is barrier in
establishing good rapport. To many, the uniform is intimidating.
2. 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. He must be
 understanding, sympathetic and without showing official arrogance,
vulgarity of expressions and air superiority.
3. KNOWLEDGE OF HUMAN BEHAVIOR – This will help the interviewer to
determine the personality and intelligence of his subject; he must go down
and up to the level of understanding of his particular subject.
4. CONVERSATIONAL TONE OF VOICE – His tone of voice must be
conversational, not confrontational as in interrogation. It means that the
interviewer must know how to appropriately use his voice normally, without
making voice loud unusually that may affect the interview process.
5. ACTING QUALITIES – He must possess the qualities of an actor, salesman
and psychologist and know how to use the power of persuasion. This is
done to convince the person to disclose what he knows about the issue
being investigated.
6. HUMILITY – He must be courteous, sympathetic and humble, ready to ask
apologies for the inconvenience of the interview. This is usually done at the
end of the interview that may give a good impression to the person being
interviewed.

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. This is
natural, especially those who have no means to protect themselves, or no
influential persons for them to rely on. This is prevalent among the
generally underprivileged sectors of our society. The investigator must
remove these fears from the mind of his witnesses either by offering
protection or by the explanation that unless the suspect is not put behind
bars, the fear will not disappear. The investigator’s power of persuasion
plays a vital role.
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. To those unemployed, the inconvenience is greater thus; the
investigator must sincerely help them thru his contacts with the business
community.
3. HATRED AGAINST THE POLICE – This hatred maybe due to previous bad
experience with rogue members of the police organization. The investigator
must show the difference between him and the rogue policeman by honest
and sincere entertainment of the complaint against the rogue cops. He must
explain that these scalawags represent only small percentage of a whole
organization and the police leadership is addressing the situation properly.
A calling cared of the investigator given to this kind of witness will greatly
help the situation, promising immediate help if there is the recurrence of
the bad experience.
4. BIAS OF THE WITNESS – The witness maybe an acquaintance, friend,
helper, or benefactor of the suspect. All of these and other relationship of
the witness to the suspect must be explored so than an intelligent approach
is properly applied.
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. The investigator must hide these witnesses away from reporters.
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. The investigator must talk to
the elders for their approval for a member to testify.

STAGES OF HANDLING THE INTERVIEW

1. Preparation – The investigator should review the facts at the crime scene
and information from other sources in order that he would be ready for the
questioning.
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

RULES IN QUESTIONING A PERSON INVOLVED IN A CRIME

1. ASK QUESTION AT A TIME – Multiple, complex and legalistic questions

should be avoided. One question at a time is desired.
2. AVOID IMPLIED ANSWERS – The nod of the head or any other body
language as a response to the questions should be avoided. The answers
must be oral, clear, explicit and responsive to the questions.
3. QUESTIONS SHOULD BE CLEARLY STATED – A short simple question at
a time is required. If the answer needs qualification, then, it should be
allowed. Avoid legalistic questions such as: who is the murderer; or who are
in conspiracy with the subject.
4. SAVING FACES – Embarrassing questions on the subject on matters of
exaggeration or honest errors about time, distance and description can be
avoided if the investigator will cooperate with the subject “to save his face”.
The investigator should not fault or ridicule the subject on these matters.
5. YES AND NO ANSWERS ARE NOT ALLOWED – Do not ask questions
which could be answered by mere yes or no because it will curtail the
complete flow of information and will lead to inaccuracy.
TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE

1. Know-nothing Type – These are the reluctant type of witnesses. They are
found among the uneducated and of low level of intelligence.
2. Disinterested Type – This is the uncooperative and indifferent subject. To
deal with them is to find out their field of interest so that they will talk.
3. The Drunken Type – The style of questioning by the investigator should be
adapted to the psychology of the subject.
4. Talkative Type – These are witnesses who are prone to exaggerate, adding
irrelevant or new matters to their narration.
5. Honest Witnesses – These are the truthful and cooperative witnesses where
the investigator could rely upon, with little or no problem in handling them.
6. Deceitful Witness – These are the liar type of witnesses.
7. Timid Witnesses – They are the shy witnesses. The approach must be
friendly and reassuring confidentiality of their information.
8. Witnesses who refuse to answer– These are the most difficult subjects to
deal with. Find out the reasons of their personality.

Interrogation
1. RAPPORT – It is the relation between the interviewer and the
interviewee, which is conducive to a fruitful result. It is winning the
confidence of a person being interviewed in order that he will tell all the
information in his possession. The interviewer must be in a respectable
civilian attire because, most often and the majority of people, the police
uniforms is barrier in establishing good rapport. To many, the uniform is
intimidating.
2. 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. He must be
understanding, sympathetic and without showing official arrogance,
vulgarity of expressions and air superiority.
3. KNOWLEDGE OF HUMAN BEHAVIOR – This will help the interviewer to
determine the personality and intelligence of his subject; he must go down
and up to the level of understanding of his particular subject.
4. CONVERSATIONAL TONE OF VOICE – His tone of voice must be
conversational, not confrontational as in interrogation. It means that the
interviewer must know how to appropriately use his voice normally, without
making voice loud unusually that may affect the interview process.
5. ACTING QUALITIES – He must possess the qualities of an actor, salesman
and psychologist and know how to use the power of persuasion. This is
done to convince the person to disclose what he knows about the issue
being investigated.
6. HUMILITY – He must be courteous, sympathetic and humble, ready to ask
apologies for the inconvenience of the interview. This is usually done at the
 end of the interview that may give a good impression to the person being
interviewed.

Interrogation is the vigorous and confrontational questioning of a reluctant

suspect about his participation in a crime. This process is also applied to an
uncooperative or recalcitrant witness. The purpose of Interrogation is to
obtain confession or admission from the suspect and to learn relevant
information from uncooperative witnesses.
CONFESSION DISTINGUISHED FROM ADMISSION
Confession is the declaration of the accused acknowledging his guilt arising
from the commission of a crime. While admission is an acknowledgment of a
fact or circumstance without accepting guilt.
KINDS OF CONFESSION

1. Extra Judicial Confession – Those made by the suspect during custodial

investigation. Simply explained are that those confessions are made outside
of the Court.

Sec 3, Rule 133, Rules of Court – Extra judicial confession, not sufficient
ground for conviction: An extra judicial confession made by an accused, shall
not be sufficient ground for conviction, unless corroborated by evidence of
corpus delicti (body of the crime.)
Kinds of Extra-Judicial Confession:

A. Voluntary Extra-judicial Confession- The confession is voluntary when

the accused speaks of his free will and accord, without inducement of any
kind, with a full and complete knowledge of the nature and the consequence
of the confession.
B. Involuntary Extra-judicial Confession- Confessions obtained through
force, threat, intimidation, duress or anything influencing the voluntary act
of the confessor.

2. Judicial Confession – Those made by the accused in open Court. The plea
of guilt maybe during arraignment or any stage of the proceedings where
the accused changes his plea of not guilty to guilty.

Sec. 2, Rule 129, Rules of Court states that “Judicial Admission is made by
the party in the pleadings, or in the course of the trial or other proceedings do
not require proof and cannot be contradicted unless previously shown to have
been made through palpable mistake.”
CUSTODIAL INTERROGATION OR INVESTIGATION
Custodial interrogation or investigation is the term to denote the
investigation conducted by the investigator on the suspect who is under police
custody. This is the stage of the investigation where there is strict observance
of the MIRANDA DOCTRINE.
MIRANDA RIGHTS originated from the American jurisprudence (Miranda vs.
Arizona).
THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATION

1. Right to remain silent.

2. Right to counsel of his own choice and if he has none, the government must
provide one for him;
3. Right to be informed of the nature of the charges against him and whatever
he says may be used for or against him.

These rights could be validly waived in writing and with the assistance of
Counsel in order that the ensuing confession be admissible in evidence. The
confession must also be in writing, signed and sworn to by the accused.
THE TECHNIQUES OF INTERROGATION

1. Emotional Appeal – This is a technique where the investigator, combining

his skills of an actor and a psychologist, addresses the suspect with an
emotional appeal to confess.
2. Sympathetic Approach – The investigator, in his preliminary or probing
questions must dig deep into the past troubles, plight and unfortunate
events in the life of the suspect.
3. Friendliness – A friendly approach coupled with a posture of sincerity may
induce the suspect to confess.
4. Tricks And Bluff Techniques:

o The Pretense Of Solid Evidence Against The Accused – The

Investigator bluffs the suspect that even if he will not confess, there is
enough evidence to send him to jail.
o The Weakest Link – Among the suspects, there must be a careful
selection of who among them is the weakest link where the interrogation
will begin.
o Drama – The weakest link maybe used to fake pain and agony by
ordering him to shout, accompanied by banging a chair on the wall to
make it appear that a commotion is going on.
o Feigning Contact with Family Members – The suspect could be tricked
that the investigator had gone to the residence and the family members
had supplied facts against the suspect.
o The Line Up – The complainant, witness or victim is requested to point
positively the suspect who is among persons in the police line-up.
 o Reverse Line Up – The suspect is placed among other persons in a line
up and he is identified by several complainants and witnesses who will
associate the suspect in other several crimes.

1. Stern Approach – The investigator displays a stern (demands immediate

response) personality towards the suspect by using the following methods:

 Jolting – Is the questioning technique where the investigator selects the

right moment to shout to the subject with a pertinent question in an
apparent righteous outrage.
 Opportunity to Lie – The suspect is given all the opportunities to lie.

1. The Mutt and Jeff or Sweet and Sour Method – The first set of
investigators must appear to be rough, mean and dangerous. When they
had finished the interrogation, the second investigator intervenes by
stopping the first set of investigators.
2. Removing the Ethnic or Cultural Barrier – If the suspect is an Ifugao, an
Ifugao investigator and the same should interrogate him, the same with
other ethnic or cultural groups.
3. Searching for the Soft Spot – In every man’s heart, there is always that
softest spot. That spots maybe the youngest child, the wife, the mother, and
the brother who acted as his father, the grandparents or the best friend.

ADDITIONAL MODERN TECHNIQUES OF INTERROGATION

Actually, these modern techniques are called from the techniques afore-cited.
What is new about them are their names and designations.

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.

PHYSICAL SIGNS OF DECEPTIONS

The physical signs of telling a lie are not absolutely bases in saying that a
person is not telling the truth when observed from him/her. Nevertheless, the
following shall serve as additional situations the investigator must have to
observe:

1. Excessive Sweating – Profuse sweating indicates tension, anxiety, shock or

fear. Extreme nervousness is also the cause of sweating.
2. Face Color Change – Anger is indicated if the face is blushed.
3. Dry Mouth – This is a sign of great tension and is a reliable symptom of
deception.
4. Excessive Breathing – An effort to control breathing during the critical
questioning is an indication of deception. Gasping of breath is the ultimate
result of the control in breathing.
5. Increase of Pulse Beat– When observed at the sides of the neck, the
investigator will discover the increase in pulse beat which is indicative of
deception.
6. Avoidance of Direct Eye Contact – This may indicate guilt or deception.
Misty or teary eyes indicate remorse or repentance.

Instrumentation
INSTRUMENTATION - is the application of instruments and the laws of
physical sciences in the investigation and detection of crimes and criminals.
This is otherwise known As Criminalistics. The persons applying the forensic
sciences in crime detection are sometimes called Forensic Detectives.
MODERN DISCOVERIES OF INSTRUMENTATION:

1. DNA (DEOXYRIBONUCLEIC ACID) = DNA Fingerprinting is considered to

be the ultimate identification test in the conduct of criminal investigation. It
provides 100 percent positive identification of a suspect whose blood, semen
and/or other DNA-bearing body tissues of fluids were found at the crime
scene or with the victim.The discovery in genetics is that no two persons
have the same DNA profile, except the identical twins.

The father of DNA is Sir Alec Jeffreys who discovered this branch of
genetics in England. The DNA of an individual is formed by a
combination of the DNA’s of the father and mother.
The DNA profile is like a bar code that is found in every commercial product,
printed on their package, wrapper, box, or container.

2. HAIR EXAMINATION = The roots of the hair when examined under this
new technology will determine the presence of drugs taken by the person
two years prior to the said examination.
3. AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM = A questioned
fingerprint is feed into the AFIS machine which will automatically search
the files of fingerprints and renders report in matters of seconds.
4. GLOBAL POSITIONING SYSTEM (GPS) = This is for the effective
identification on the location of criminals and objects thru modern and
special gadgets. It points out the exact location of the subject or the person
who committed the crime.
Scope of Criminal Identification
Criminal Identification
Alphonse Bertillon is regarded as the father of Criminal Identification. He
introduced the first organized identification system based on Anthropometry in
1882. He is also known as the father of personal identification.
Scope of Criminal Identification

1. Suspect ID
2. ID of dead Body
3. Victims and Witnesses
4. ID of Perpetrators
5. ID of evidences

The 3 general groups of criminal identification methodologies:

1. Criminalistics methods- scientific methods

2. Methods using Eyewitnesses and Victims
3. Methods using known criminals

Criminalistics or Scientific Methods:

1. Fingerprinting (Dactyloscopy)
2. DNA Analysis- Genetic Fingerprinting
3. Blood Typing
4. Voice-print Analysis- Voice printing
5. Gait Analysis- Gait Angulations’ (gait simply refers to the manner of
walking or stepping. It may also refer to the carriage of the body in walking.)
6. Graphology – the scientific study analysis of handwriting, especially with
reference to forgeries and questioned documents.
7. Cryptography
8. Odontology –the study of the structure, health and growth of teeth.
9. Autopsy – the post-mortem examination of human body, especially to
determine the cause of death for medical and legal purposes.
10. Polygraphy and other methods of lie-detection

Fingerprinting

 It is a positive means of identification because fingerprints are positive

proofs of personal identity. Dactyloscopy and dactylography are the two
sciences applied in studying fingerprints. Dactylography is the scientific
study of fingerprint for general purposes while Dactyloscopy is a branch of
the former that is focus on the examination of fingerprints for purposes of
establishing personal identity.
 The underlying theory of fingerprinting is: NO TWO PERSONS HAVE
IDENTICAL FINGERPRINTS IN THEIR INDIVIDUAL CHARACTERESTICS.
 Fingerprint is one of the most reliable and conclusive means of establishing
personal identity because of the following reasons:

o No two person have exactly the same fingerprint patterns in their

individual characteristics.
o The fingerprint characteristics never change, thus they are permanent
throughout the life.
o Fingerprints are unique throughout the world.
o National and international police agencies have accepted adopted and
utilized the fingerprint system as a means of absolute identification.
o Judicial courts, prosecuting authorities and law enforcement agencies
have recognized the importance, reliability and legality of dactyloscopy as
a means of identification.

BLOOD TYPING (Blood Analysis)

 The blood classification system provided 4 human blood groups is

the Landsteiner classification developed by Karl Landsteiner (Austrian-
American Pathologist). This involves the classification of red blood cells by
the presence of specific substances on their surface as a pre requisite for
blood transfusion.

4 Main Blood Groups of Human

 Type A
 Type B
 Type AB
 It is regarded as universal recipient since it has no antibodies thus it can
receive any type.
 Type O
 Universal donor
 It does not have antibodies also but capable of forming with other types.

DNA TYPING (Genetic Fingerprinting)

 Deoxyribonucleic acid (DNA) is a nucleic acid of complex molecular

structure forming a principal constituent of the genes and known to play a
very important role in the genetic action of the chromosomes.
 Chromosomes
o are the carrier of human genes
o a normal person has 46 chromosomes or 23pairs
 DNA typing can be used for the elimination of association of suspects with a
crime victim or a CS (with exception of identical twins). DNA can be utilized
along with the conventional blood group analysis.
 Researches have shown that it is possible that 2 person have identical
genetic structures or DNA formation such as the case of identical twins.
 Samples where DNA can be read:
o Bloodstains
o Hair roots
o Semen
o Vaginal fluid

Voiceprint Analysis

 It is also known as voice printing, speaker identification and voice

identification.
 It involves the graphical identification by using a sound spectrograph, in
which the pitch, rate of speech, and articulation are evaluated, as well
certain anatomical factors not under the speaker’s conscious control.
 Sound spectrograph is used to convert the sound of the voice recorded on
the magnetic tape to a visual form.
 Every person’s speech is unique. This is the underlying theory on which
voice printing is based. The basic principles of voice printing is basically
demonstrated by this procedure:

1. A recorded voice is played in the voice spectrograph

2. The voice spectrograph provides a visual display of human speech.
3. The revolving drum of the spectrograph produces a spiral varying
darkness on a recording paper. The darkness of the line at any point
indicates the amount of energy present in the speech signal.
4. The examiner compares the spectrograms for similarities.

 In some countries, voice printing is already an important tool in identifying

criminals. However, its use is precluded (ruled out) when:

1. The suspect’s voice has not been recorded, or

2. A comparison recording has not been obtained.

 When there are no voice standards for comparison, voice printing cannot be
used.

Portrait Parle (Verbal Description)

 The success of this method depends on the ability of a witness to describe

the person he saw committing the crime. The witness provides a vivid
description (strong and clear mental picture) or pictorial physical
 appearance of the criminal. He may do it by direct description or by
comparison.
 Basic description could be:

1. Face – forehead, eyebrow, eyes, ears, cheeks, mouth, nose, lips, teeth, chin,
jaw, mustache, beard, etc…
2. Hair – tinted hair, curly, long, short
3. Neck – the shape and length
4. Shoulder – width and shape
5. Waist – size and shape of the abdomen
6. Hands and fingers – length, thickness, stains, markings/tattoos, shape
and condition of nails
7. Gait – bouncing, swaggering/strutting (walking in a self-important
manner), staggering
8. Any deformities – cross-eyed, limp, amputation, scars

Rogues Gallery(use of photographic files/mug files)

 This method is successful if there is an existing photograph of the

perpetrator in the files/gallery of the police or law enforcement agencies.
The witness is invited to the police station and then requested to examine
the photographic files of known criminals. If the situation requires, the
modus operandi file maybe shown also to the eye witness if he/she has
knowledge on how the crime was committed. The witness is instructed to
immediately call the attention of the investigator if he finds any strong
similarity or any resemblance of the smallest feature of the face.

General Photograph Method

 In this method, the investigator shows variety of facial types that may not
necessarily/directly represent the face of the criminal. The photograph is
shown to the witness only represent different features of the face. The image
in the picture maybe similar and thus includes the various features such
as:

1. Degree of baldness
2. Length and shape of nose
3. Size of the ears
4. Formation of the chin, jaw and cheekbones etc………

Cartography

 The witness and the investigator develop a picture of a criminal with the
help of skilled cartographer. Based on the description provided by the
witness, the artist draws a composite face that approximates the criminal’s
face appearance.
 To facilitate the process, an ID-Kit can be employed. The witness shown a
chart containing representations of various types of human features and
then he is requested to select specific feature until a composite face is
developed.

Police Lineup (as distinguished from show-ups)

 This involves the process of allowing a witness to select the primary suspect
from a group of chosen persons (suspects and innocent persons). This
method is more convenient than the other methods since the element of
suggestion is avoided or minimized in the identification process. Thus, the
primary purpose of using the police line-up is to eliminate the element or
power of suggestion by the investigator or any assistant of the investigator
while the witness is in the process of identifying the offender.

 The accuracy of identification made by eyewitnesses depends on the

following factors:

1. The ability of the eyewitness to observe and remember the distinct

appearance of the suspect/perpetrator.
2. The prevailing conditions of visibility and observation when the crime
was committed.
3. The time that was elapsed/passed between the criminal event and when
the ID was made.

Categories of criminals identified by witnesses:

1. Known Criminals/Fugitives

 These include group of criminals who have existing records in the police
files. If the criminal has official records in any law-enforcement units’ files,
the address of his relatives, friends, and other acquaintances can be
located. These persons could offer description. Background investigation
can be conducted on them to gather more personal data concerning the
criminal.

2. Unknown Criminals

 Identification of unknown criminals should be conducted discretely (with

caution). Available data or facts as to the appearance/description of the
criminals are sometimes vague such ID process is difficult.

Basic Nature of Crime Scene Investigation

Crime Scene Investigation (CSI)
 It is the process of recognizing, searching, collecting, preserving, and
documenting physical evidence at the crime scene (CS).
 It covers the process of identifying and interviewing witnesses and/or
victims at the CS, including on-the-spot arrest of suspects.

 Two primary objectives

1. To establish what happened

2. To identify the responsible person/s

DEFINITION OF CRIME SCENE AND CRIME

Crime scene is said to be the “treasure island”, when it comes to criminal
investigation. It is because pieces of evidence are mostly found in the crime
scene, which are very relevant for the solution of the crime. The term crime is
also defined as any act or omission punishable by law forbidding or
commanding it.
When a report of a crime is received, the identity of the person who reported is
noted, to include his address, personal circumstances and possibly contact
number: Some of the suggested procedure for a team of responders are the
following:

1. The Means of Reporting - Refers to the method of reporting the crime

whether it reached the station through phone call, personal appearance or
others means.
2. The Time of Report - The exact time of the report to include minute must
be recorded.
3. The Receiver of Report - The identity of the one who received the report in
the station must be properly noted.
4. The Time of Dispatch - The time when the Desk Officer dispatches the
investigator/s is also recorded, together with the names of the investigator,
with the means of transportation, either by mobile car, taxi or other means.
5. The Time of Arrival -The time of arrival of the investigating team at the
crime scene should be noted. The situation in the area should also be noted
whether it is windy, rainy, sunny or any other description of the climate in
the immediate area.

THE CSI TEAM

 In the Philippine setting, CSI is better known as SOCO (scene of crime

operation). If this is done by a group of trained PNP personnel, such group
is called SOCO team. In cases where the evidence encountered needs
special processing due to controversial and sensational cases, SOCO
specialists from the PNP crime laboratory group should be requested.
 The SOCO team is composed of:
 1. Team Leader – The one who directs the processing of the crime scene.
2. Assistant Team Leader – The one who implements or executes the
order/s coming from his/her superiors.
3. Photographer – Takes photograph of all pieces of evidence that are
relevant to the crime committed.
4. Sketcher – Make sketches of the immediate, background and inside the
scene of the crime.
5. Master note taker – The one who writes down in short hand all
observations at the crime scene such as: weather condition, time of
dispatch and time of arrival at the crime scene and other relevant data
that’s should be taken down note.
6. Evidence Custodian – The one in charge in the collection, preservation,
tagging of the articles of evidence found at the crime scene.
7. Measurer – Makes all relevant measurements of the scene such as: the
distance of the body of the victim to the firearm used; in motor vehicle
collision, the distances of the two vehicles to the points of references.

STAGES OF CRIME SCENE INVESTIGATION

 Based on FBI Crime Scene Administration Procedures

1. Preparation and approach

2. Secure and protect the scene
3. Preliminary survey (or walk through to determine CS boundary)
4. Evaluate physical evidence possibilities
5. Prepare narrative description
6. Depict scene photographically
7. Prepare sketch/diagram of scene
8. Conduct detailed search
9. Record and collect physical evidence
10. Conduct final survey
11. Release the crime scene

Based on 2010 PNP Operational Procedures Manual, if the PNP is

responsible in investigating the CS, the procedure would be as follows:

1. Mandatory briefing
2. Initiation of preliminary survey
3. Conduct of interview
4. Preparation of narrative report
5. SOCO team detailed search
6. Final survey
7. Release the crime scene

Protocols of Crime Scene Investigation

CRIME SCENE RESPONSE PROCEDURES
(Rule 18, PNP Operational Procedures Manual 2010)
DUTIES OF THE FIRST RESPONDER (FR) – Based on section 1 Rule 18

1. Cordon the crime scene with whatever available materials like ropes,
straws, human barricade, police line, wood and chain.
2. Evacuate injured persons to the nearest hospital
3. Prepare to the “dying declaration” of severely injured person, if any;
4. The FR shall stay at the crime scene to assist the investigator on-case (IOC)
in the maintenance of security, crowd control, preservation of evidence and
custody of witness/suspects until such time the investigation is completed
and temporarily turned over to the local Chief of Police (COP) for the
continuance of CS security.
5. The FR shall attend to the court duties or answer inquiries from any
investigative body to shed light and help the IOC in solving the case.
6. Prevent entry/exit of persons within the cordoned area.
7. Make note of names of possible witnesses/suspects; and
8. Brief the IOC on the situation upon arrival

Requisites of DYING DECLARATION are:

1. That the death is imminent and the declarant is conscious of the fact;
2. That the declaration refers to the cause and surrounding the circumstances
of such death;
3. That the declaration relates to the facts which the victim is competent to
testify to; and
4. The declaration is offered to a case where in the declarant’s death is subject
of the inquiry.

DUTIES OF THE INVESTIGATOR-ON-CASE (IOC)

1. Mandatory Briefing

o Upon arrival at the CS, the IOC must be briefed by the FR. IOC then
immediately calls for the assistance of the SOCO team.

2. Initiate Preliminary Survey

A. The IOC must:
 initiate the general assessment of the scene;
 take a cautious walk-though of the CS;
 take down extensive notes to document important factors; and
 Establish the evidence most likely to be encountered.
 B. After letting the SOCO team establish their command post(CP), the IOC
then confers with the SOCO team leader (TL) regarding the following:
 Defining the extent of the search area
 Determining the personnel and equipment needed
 Making specific assignments
C. The IOC gives time to the TL to develop a general theory of the crime out
of the joint assessment.
D. The IOC must turn over the CS to the SOCO and assist the latter in
securing the CS perimeter.
E. The IOC must not leave the place until such time that the SOCO, in
writing and after processing, release permanently or temporarily the
custody of the CS back to him.
F. If the release is only temporary, the IOC must not allow access to anyone
on the CS, until such time that the SOCO finally releases permanent
custody of the same.

3. Conduct Interview

 While the CS is being processed, the IOC, using the valuable info given to
him by the FR, must look for witnesses, immediately conduct interview, and
write down important facts for future reference.

4. Prepare Narrative Report

 The IOC must use a systematic approach in making a narrative report. No

item is insignificant to record if it catches one’s attention.

3 basic method of narrative documentation of the CS:

1. Written
2. Audio
3. Video

o The purpose of preparing a narrative report is to provide a following

description of the condition at the CS. Represent scene in a general to
specific

5. Final Survey

 The release of the CS should be done if the IOC is satisfied that all pieces of
evidence have been recovered. Thus, the IOC must evaluate the items
recovered from the results of interrogation of the suspect/s and the
interview of the witnesses. He must bear in mind that upon the formal
release of the CS to the proper authority, a warrant is already required for
his re-entry to the CS. This survey is a critical review of all aspects of the
earlier search already performed.
Guidelines:

1. Discuss the search jointly with all personnel for completeness.

2. Double check documentation to detect inadvertent errors.
3. Check to ensure all evidence is accounted for before departing scene.
4. Ensure all equipment used in the search is gathered.
5. Make sure possible that hiding places of difficult access areas were not
overlooked.

6. Release the Crime Scene

 The release of the CS shall be done if the IOC is satisfied that all pieces of
evidence have been recovered from the results of interrogation of the
suspect/s and the interview of the witnesses.

Guidelines:

1. Release is accomplished only after completion of the final survey.

2. Documentation of release should indicate the following:
3. Time and date of release
4. To whom released
5. By whom released
6. Ensure that appropriate inventory has been provided as necessary,
considering legal requirements, to whom scene is released.
7. Once the scene has been formally released, re-entry may require a warrant.
8. Only the person-in-charge has the authority to release the scene. This
should be known and adherent to by all personnel involved.

SOCO TEAM OPERATIONS:

1. Preparation & Approach:

 Established Command Post for communication, decision-making, temporary

quarters of the SOCO team members. Take custody of the CS. TL conducts
briefing before proceeding to the next steps.

2. Evaluate Physical Evidence possibilities:

Guidelines:

o Based on what is known from the preliminary survey, determine what

evidence is likely to be present.
o Concentrate on the most short-lived evidence and work to the least
transient ones.
 o Focus first on the easily accessible areas in open view and progress
eventually to possible out-of-view locations-look for purposely hidden
items.
o Consider whether the evidence appears to have been moved
unintentionally.
o Evaluate whether or not the scene and evidence appears intentionally
“contrived”.

3. Crime Scene Documentation

4. Detailed Search & Collection of Physical Evidence

Guidelines:

1. Use recommended specialized search patterns depending on given

conditions.
2. Photograph all items before collection and enter notations in photographic
log.

 Remember-use scale when necessary

o Mark evidence locations on the CS sketch.

o Complete evidence log with appropriate notations for each item of
evidence.
o Ensure that evidence or the container of the evidence is initialed by
investigator collecting the evidence.
o Do not handle evidence excessively after recovery.
o Seal all evidence containers at the CS.
o Do not guess on packaging requirements different types of evidence can
necessitate different containers.
o Do not forget entrance & exit areas at the scene for potential evidence.
o Be sure to obtain appropriate “known standards” (eg. Fiber sample from
carpet).
o Constantly check paperwork, packaging notations, and other pertinent
recordings of information for possible errors that may cause confusion or
problems at a later time.
o Observe these 4 basic guides:
o The best search options are typically the most difficult and time
consuming.
o You cannot ‘over-document’ the physical evidence.
o There is only chance to perform the job properly.
o Carry-out the cautious search of visible areas, taking steps to avoid
evidence loss or contamination before conducting vigorous search at
hidden/concealed areas.
CRIME SCENE DOCUMENTATION

 Most law enforcement agencies use forms (pre-printed documents) designed

to record certain aspects of CS investigation. These resulted from a trial-
and-error approach based on actual case experiences.
 There is an important point to consider when forms are being drafted for
routine use during the CSI proceeding. Often, there is a tendency to
consider forms as means to cover every possibility that the investigator may
confront. Take note that such documents normally serve only as reminders
of the minimum information needed to perform a task. Each CS requires
some degree of deviation from the normal or standard operating procedures.
Remember that forms are not substitutes for thinking. These are merely
tools to assist investigators to fully exercise training and experience to meet
the needs of a given situation.

According to the crime-scene-investigator; there are 6 important forms of

CS documentation:

1. Administrative worksheet

 For documenting major events, times and movements relating to the search
efforts. It is also appropriate in recording initial and continuing
management and administrative steps which are taken to insure that an
organized search is accomplished.

2. Narrative description

 Involves record of the crime scene’s general appearance as first observed.

However, extreme detail regarding evidence or actual collection of evidence
is beyond the scope of the narrative description.

3. Evidence Recovery Log

 Consist the record how physical evidence was recognized, collected, marked,
and packaged for administrative and ‘chain-of-custody’ purposes.

4. Latent-Print Lift Log

 Is the record of how fingerprints and other prints at the CS are discovered,
collected (lifted), marked, and packaged.

5. Photographic Log

 Is the record how the CS was systematically documented using still & video
cameras. The log shows the overall, medium, and close-up views of the
 scene. It contains a series of photographs of the CS taken in a systematic
manner based on SOP.
 The progression of CS photographs is useful in reconstructing the crime.
This should be the progression of shots which the CS photographer should
observe.

o Take long-range photos of the locality, points of ingress and egress,

normal entry to the property, exterior of the building/premises, and
street signs or other identifiable that will establish location.
o Take mid-range photos of the immediate CS and the location of objects
of evidence within the area or room.
o Take close-range photos of specific evidence (hairs, fibers, footprints, and
bloodstains)

Guidelines in photographing the crime scene

1. Begin taking photos ASAP. Plan before photographing.

2. The evidence collectors must not touch or move any evidence once it is
located until it has been identified, measured, recorded and photographed.
3. Document the photographic effort with a photographic log
4. The SLR camera is the best tool in documenting physical evidence &
location; the video cam is the best tool in recording the activities of each
team member.
5. Insure that a series of overall, medium & close-up views of the scene is
established.
6. Use recognized scale device for size determination when applicable.
7. When a scale device is used, first take a photograph without the inclusion of
this device.
8. Photograph evidence in place before collection and packaging.
9. Photograph areas adjacent to the CS- points of entry, exits, windows, attics,
etc. consider feasibility of aerial photography.
10. Photograph items. Places, etc., to corroborate the statements of
witnesses, victims and suspects.
11. Take photographs from eye-level, when feasible, to represent scene as it
would be observed by normal view.
12. Film is relatively cheap compared to the rewards obtained. Do not
hesitate to photograph something which has no apparent significance at
that time – it may later prove to be a key element in the investigation.
13. Prior to lifting fingerprints, photographs should be taken 1:1, or use
appropriate scale.
14. Photographs must be supplemented by ketches.

Topic 3.5. Crime Scene Search

THE DIFFERENT METHODS OF SEACRHING CRIME SCENE

Crime scenes should be searched in order to ensure the collection of every
object that may be relevant to the crime committed. The methods of search
include: strip method, double strip/grid method, wheel method, spiral method
and zone or sector method. If the area to be searched is limited indoors with
few contents or any other situation, which will preclude a systematic search,
no standard procedure of search is recommended. Any method of choice will
do, provided that alertness, knowledge and experience of the participating
investigators are present. If the area to be searched is quite extensive, a more
systematic scheme of approach is recommended. The following are the different
methods of search:

 Strip/ Line Method - The searchers (A, B, and C) proceed slowly at the
same pace along the path parallel to one side of the rectangle. At the end of
the rectangle, the searchers turn and proceed back along new lanes but
parallel to the first movement.

 Double Strip or Grid Method - Is somewhat similar to Strip Method, the

rectangle is traversed first parallel to the bas and then parallel to the side.
 Spiral Method - There are two types of this method of searching the crime
scene depending on where the searchers will begin the search, either from
outside or center of the scene. The searchers follow each other while
searching pieces of evidence from the crime scene.

 Wheel/ Spoke Method - This type of searching the crime scene is

applicable to areas which are somewhat circular in size or area. The
searchers shall assemble at the center of the crime scene, then
simultaneously searching the crime scene outward.
 Zone or Sector Method - The area to be searched is divided into quadrants
and each searcher or a group of searcher is assigned to the quadrant.
Topic 3.6. Crime Scene Sketch

Meaning of sketch and sketching

 Sketch is the graphic representation of the scene of the crime with

complete measurements of the relative distances items or objects. Sketch
includes scales, with important dimensions at the scene being shown to a
good degree of accuracy.
 Sketching refers to the process of recording of information with respect to
its location, position, measurement, orientation and details of findings in a
sketch pad through symbols, arts and figures.

The General Kinds of Sketch

1. Rough Sketch is the sketch made by the investigator at the crime scene
which is full of important details but without the scale of proportion. This is
used as the basis for the finished sketch.
2. Finished sketch is the sketch with a scale of proportion and drawn by a
draftsman which can be used for court presentation.

 Legally speaking, for a sketch or diagram to be admissible in court, it must

have the following descriptions:

1. part of some qualified testimony;

2. relate the observed situations in a crime scene;
3. express or represents the crime scene correctly.

The following are reasons of making sketch:

1. To refresh the memory of the investigators.

2. To express the precise location of objects and their relationship to other
3. objects and its surroundings.
4. To assist the prosecutor and the judge in understanding conditions at the
5. crime scene;
6. To supplement photographs;
7. To assist in questioning of witnesses and suspects.

PARTS OF SKETCH
The following are parts of sketch that is usually practiced by the Philippine
National Police (PNP):

1. Title – it refers to the crime committed or the incident happened such as

vehicular accident, homicide case, drowning, rape case and others.
2. Body – refers to the sketch proper to include the position of the victim and
other items in the crime scene. It includes proper measurements of
distances of objects in the crime scene.
3. Compass direction (orientation) - A standard arrow to indicate the north
direction. To find the north without compass, determine the east where the
sun rises. Facing east, your LEFT SIDE is the north direction.
4. Nature of case – refers to the status of the case whether currently
committed or days have passed after its discovery.
5. Location of incident – refers to the place where the incident happened.
6. Date/time of incident – refers to the exact time and date of the incident.
This can be gathered through interview from eyewitnesses and other
persons in the area.
7. Name of victim – the part of the sketch where name of the victim is written
8. Name of suspect – refers to the part of the sketch where the name of the
suspect is written.
9. Legend = This is usually placed at the bottom of sketch outside the sketch
of the scene. Numbers represent the objects in the crime or letters in order
not to unnecessarily crowd the graphic presentation. Their descriptions are
found in the legend.
10. Signatory – the part of the sketch where the name of the sketcher and
the team leader or the officer in charge are written and signed.
11. Date and time- refers to the exact time the sketch was made.

Some Essential Elements Of Sketch

1. Measurements = This is the element of sketch wherein measurements are

shown in the sketch to show accurate spaces and distances of relevant
objects to their point of reference.
2. Essential Items = All items in the scene must be included. Never decide
outright that some items are irrelevant.
3. Scale Of Proportion = It is the element of the finished sketch. It is the
essential of the finished sketch to the actual size or measurements at the
scene.
4. Victim and Suspect identification = This includes the name of the victim.
Other identification data may be included if available such as: birthdate and
birthplace.
5. Time and date = It includes the exact time of the preparation of the sketch
but most importantly the time and date of the occurrence of the crime
should be recorded.

The Specific Kinds Of Sketch

 Sketch of Locality – It deals with the vicinity of the crime scene in relation
to the environs, to include neighboring buildings, structures, or means of
access leading to the scene.
 Sketch of Grounds – This is the kind of sketch which illustrates the scene
of the crime with the nearest physical surroundings, such as the room
adjacent or opposite the room of the crime scene, the number of floors of a
building or house, the yard and the other natural structures.
 Sketch of Details – It includes the positions and exact locations of the
physical evidence in the crime scene.
 Cross Projection (Sometimes called Exploded view or Bird’s eye view) – It
also describes the immediate scene only, specifically inside a room as the
scene of the crime.

Crime Scene Reconstruction

CRIME RECONSTRUCTION

This refers to the process of reconstructing or re-enacting how the crime

occurred basing on a rational theory. This is necessary in establishing the
modus operandi of the criminal.
NOTE:

 Reconstruction is different from reenactment, recreation or criminal

profiling.
 Re-enactment in general refers to having the victim, suspect, witness, or
other individual re-enact the event that produced the crime scene or the
physical evidence based on their knowledge of crime.

NATURE OF RECONSTRUCTION

 Based partly on scientific experimentation and on past experiences.

 Follow basic scientific principles, theory formation and logical methodology.
It involves consideration and incorporation of all investigative information
with physical evidence analysis and interpretation molded into a reasonable
explanation of the crime and its related events.
 Logical, careful observation and considerable experience are necessary for
proper interpretation, analysis and ultimately crime scene reconstruction.

IMPORTANCE OF CRIME SCENE RECONSTRUCTION

 To determine the actual course of a crime by limiting the possibilities that

resulted in the crime scene or the physical evidence as encountered.
 To maintain the integrity of a crime scene.

Approaches in Crime Reconstruction

1. Deductive Approach- this approach entails immediate assumption of a

theory then later supports it by collecting corroborative information.
2. Inductive approach- this technique requires the collection of information
first. Analysis and evaluation of information followed by developing a theory.
Two Kinds of Crime Reconstruction

1. Physical reconstruction- based on the description of the witnesses and the

indication of the pieces of evidence recovered or observed.
2. Mental reconstruction- from physical reconstruction, some conclusions can
be made concerning the consistency of the accounts of various witnesses.
Assumptions should be supported by pieces of evidence.
BASIC PRINCIPLES FOR PHYSICAL EVIDENCE AND RECONSTRUCTION

 RECOGNITION- Any type of forensic analysis starts from recognition of

potential evidence and separation of this from those items that have no
evidential value.
 IDENTIFICATION- This is the comparison process, which utilizes the class
characteristics of a standard object or known substance to compare with
the evidential item collected from the crime scene.
 INDIVIDUALIZATION- Demonstration that a particular sample is unique,
even among the members of the same class. It may also refer to the
demonstration that a questioned piece of evidence from a crime scene and a
similar known sample of evidence have a common origin.
 RECONSTRUCTION- Based on the results of crime scene examination,
laboratory analysis and other independent sources of information to
reconstruct case events.

STAGES OF RECONSTRUCTION

 Data Collection
 Conjecture
 Hypothesis Formation
 Testing

Collection, Marking, Tagging and Preserving Evidence

COLLECTING, MARKING, TAGGING AND PRESERVING EVIDENCE
In the process of investigation, the responding team members should
be knowledgeable on the proper actions to be done on specific kinds of
evidences found in the scene of the crime. To give you some information on the
proper methods, the following must be observed:

1. COLLECTING EVIDENCE – All items that were found in the crime scene
should be collected. The collecting officer should not decide whether a
 certain item is relevant or irrelevant. Small pieces of evidences also must
have to be given importance, thus collecting them is necessary

In collecting firearm as evidence found in the crime scene, cautious

action should be employed. The firearm should be lifted using string or
handkerchief in its trigger guard to avoid destruction of possible latent prints
in the firearm.
Liquid evidences such as blood, mucous, urine and other body fluid
can be collected using dropper and stored in a sealed container to maintain the
same physical nature as found in the crime scene. However, clotted blood and
other hardened evidences can be collected by scraping with the use of any
available instrument. Samples are very important for laboratory testing.

1. MARKING EVIDENCE – As evidence is collected, it is individually marked

with the initials of the investigator. The marking tool depends upon the
nature of the evidence. If it is a hard object such as metals, the initial are
scratched or engraved by the use of sharp-pointed steel, which is
called stylus.

Methods of Marking Specific Evidence

1. Revolvers must be marked separately on the BARREL, FRAME, and

CYLINDER. Tape should also be put around the bore and the frame of the
gun with signature of the investigator.
2. Pistols must be marked on the BARREL, UPPER RECEIVER, FRAME AND
MAGAZINE. Tape must also be put around the gun with signature to avoid
changing the parts of the gun that may affect the result of laboratory
examination.
3. Rifles should be marked on the BARREL, FRAME, MAGAZINE, BOLT OR
SLIDE. All magazines and accessories shall also be marked.
4. Revolver Cylinder – Aside from the mark on the Cylinder, the CHAMBER
facing the firing pin must be marked as soon as it is opened for
examination. A drawing must depict the chamber facing the firing pin,
the respective position of the fired empty shells, misfired or dud
cartridges. A detailed examination on the respective position of this
evidence could make or unmake a claim of self-defense.

The posterior face of the cylinder must also be depicted in a sketch to

show the respective position of the smoke rings therein. Each chamber
containing a fired empty shell will exhibit this smoke rings at the posterior
portion of the chambers. When there is discrepancy, the investigator must
look for the answer. The revolver may have been touched or tampered.
The direction of the rotation of the cylinder must also be sketched and
noted. Colt revolvers have a clockwise direction of rotation of the cylinder.
Smith and Wesson revolvers have a counter clockwise direction of cylinder
rotation.

4. Fired Empty Shells, Misfired Cartridges – Strictly regulations say they

must be marked inside/outside the mouth of empty shells. It is nearly
impossible to mark them inside the mouth, especially .22 caliber But
they could be marked on the side of the body of the shells, not on the base.

It should be admitted that there is really the big difference of what is being
practiced in reality and theoretically written in books. The lesson is, for as long
as the evidence can be properly marked and kept as evidence.

5. Bullets/ Slugs/ Balls – A bullet or slug can be marked on the ogive or

nose as well as in the The initials of the investigators and/ or date should
be marked on those parts so that the rifling (land and grooves) found in the
bullet or slug will not be disturbed because they are very important for
laboratory examination.

Shotgun balls when collected in the crime scene should also be put into
container with tag that indicates where it was found with some relevant
measurements aside from what is sketched.
Every collected evidence is marked. If they are of the same class or type such
as Cal 45 caliber fired empty shells, they are marked consecutively such as:
JBV 1, JBV 2, JBV 3 and so forth and so on, depending on the initials of the
investigator. JBV are the initials of the investigator SPO4 Jezreel B Vicente.

1. TAGGING EVIDENCE - Evidence which by their nature could not be

marked on each surface such as blood, hairs, fibers, are placed in the
plastic container where that container is then marked, we call such practice
as tagging the physical evidence with the use of card where the initials of
the investigator, date and time of collection, specific case and other
information can be written.
2. PRESERVING EVIDENCE – Perishable material should be preserved by the
way or the preservation in order that they will reach the court in the same
physical condition as when they where collected from the crime scene. This
is the work of laboratory technician.

However, evidences pass through several persons for several purposes.

The principle of chain of custody must be observed. 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. The basic rule is to limit the chain of custody
to avoid tampering, substitution or loss. If the evidence needs laboratory
examination, the investigator must submit direct to the laboratory without
delegating it to the other persons. The submission is accompanied by a written
request and to be officially receipted by the receiving officer of the laboratory.
The receipt must have legible identification of the receiver, together
with his signature, time and date of receipt. If the evidence requires no
laboratory

Legal Aspect of Criminal Investigation

LEGAL ASPECT OF CRIMINAL INVESTIGATION
Investigators do not operate in a vacuum but must relate to constitutional
safeguards. They must also understand case law determining the parameters
within which they perform the investigative process, how these constitutional
safeguards and case law specifically affect investigations.

The Apprehension Process

If there is a crime, there is perpetrator. Apprehension process is part of the

criminal investigation. Sometimes, apprehension process is equivocated as the
criminal investigation itself.

The apprehension process is summarized as follows:

1. A crime is reported, discovered or detected

2. The police responds
3. A search for the perpetrator is conducted. The search may either be:
a. Hot search- actual search of the crime scene immediately after the
commission of the crime
b. Warm search- search of the general vicinity of the crime scene
c. Cold search- investigative search
4. Suspects are identified and checked out
5. Pieces of evidence are collected to support a charge
6. The primary suspects are finally arrested

Doctrines in Criminal Jurisprudence

1. Exclusionary Rule. It is a rule of evidence which excludes evidence

obtained in violation of a person’s constitutional rights or secured through
illegal means
2. Doctrine of Fruit of the Poisonous Tree. Under the exclusionary rule
known as the ‘fruit of the poisonous tree’, once the primary source (the tree)
is shown to have been unlawfully obtained, any secondary or derivative
evidence (the fruit) derived from it is also inadmissible. (People vs. Alicando,
251 SCRA 293; People vs. Sequino, 264 SCRA 79)
3. Miranda Doctrine. The Miranda rights are: The right to remain silent; the
right to have competent and
independent counsel preferably of his own choice; and the right to be
informed of these rights.
(People vs. Logrino, 214 SCRA 519; People vs. Duero, 104 SCRA 379)

Legal Requirements of Custodial Investigation

1. Art. III Section 12 (1) of the 1987 Philippine Constitution
2. RA 7438

 Rights of an accused during custodial investigation (People vs. Mahinay Feb

1, 1999)
 When custodial investigation deemed to have started (People vs. Pariquit
341 SCRA 600)

3. Correct procedure that peace officers must follow when effecting (1) an arrest
and in conducting (2) custodial investigation (People vs. Galit 135 SCRA 465)

Search and Seizure

Search
As generally applied in criminal investigation, refers to the examination of an
individual person. Those person’ houses, papers or effects or other building
and premises to discover contraband or some evidence or guilt to be used in
the prosecution of criminal case. as a general rule, no search be conducted
without a valid search warrant.

Seizure
As usually applied in relation to search, seizure refers to the confiscation of a
property by an officer with legal authority to do in criminal investigation,
seizure is the logical consequence of search.

Search Warrant
A search warrant 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 search for personal
property described therein and to bring before the court (Sec 1 Rule 126 of
Rules of Court)
RULE 14 SEARCH AND SEIZURE (2013 PNP Operational Procedures
Manual)
Requisites for the Issuance of Search Warrant
A search warrant shall be issued only upon probable cause in connection with
one specific offense to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses presented. The
search warrant shall particularly describe the place to
be searched and the things to be seized which may be anywhere in the
Philippines.
a. The following properties may be the objects of a search warrant:
(1) Properties which are the subject of the offense;
(2) Stolen, embezzled proceeds, or fruits of the offense; and
(3) Objects including weapons, equipment, and other items used or intended to
be used as the means of committing an offense.
b. Objects that are illegal per se, even if not particularly described in the search
warrant, may be seized under the plain view doctrine.
Validity of Search Warrant

A. The warrant shall be valid for ten (10) days from date of issuance and may
be served at any day within the said period. Thereafter, it shall be void.
B. If, in the implementation of the search warrant, its object or purpose cannot
be accomplished in one day, the search can be continued the following day,
or days, until completed, provided it is still within the ten (10)- day validity
period of the search warrant.
C. If the object or purpose of the search warrant cannot be accomplished
within the ten (10)-day validity period, the responsible police officer
conducting the search must fi le, before the issuing court, an application for
the extension of the validity period of said search warrant.

Time of Search

The warrant should be served during daytime, unless there is a provision in

the warrant allowing service at any time of the day or night.
Applications for Search Warrant

All applications for Search Warrant shall be approved for fi ling by the Chief of
Office. The application shall indicate the following data:

A. Office applying for the Search Warrant;

B. Name of officer-applicant;
C. Name of the subject, if known;
D. Address/place(s) to be searched;
E. Specific statement of things/articles to be seized; and
F. Sketch of the place to be searched.

All approved applications shall be recorded in a log book, duly maintained for
the purpose, indicating the name of the applicant, name of the respondent,
nature of the offense, and date of the application.
Authority of Police Officers when Conducting Search
In the conduct of search, if after giving notice of his purpose and authority, the
police officer is refused admittance to the place of search, he may break open
any outer or inner door or window or any part of a house or anything therein to
implement the warrant or liberate himself or any person
lawfully aiding him when unlawfully detained therein.
Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant
a. Houses, rooms, or other premises shall not be searched except in the
presence of the lawful occupant thereof or any member of his family or, in the
absence of the latter, in the presence of two (2) witnesses of sufficient age and
discretion residing in the same locality.
b. Lawful personal properties, papers, and other valuables not specifically
indicated or particularly described in the search warrant shall not be taken.

Inventory and Delivery of Property Seized

a. The police officer who confiscates property under the warrant shall issue a
detailed receipt of property seized to the lawful occupant of the premises, or in
the absence of such occupant, shall do so in the presence of at least two (2)
witnesses of sufficient age and discretion residing in the same locality;
b. The receipt shall likewise include items seized under the Plain View
Doctrine;
c. The police officer must then leave a receipt in the place in which he found
the seized property and a duplicate copy thereof with any barangay official
having jurisdiction over the place searched; and
d. The police officer must forthwith deliver the property seized to the judge who
issued the warrant, together with an inventory thereof, duly verified under
oath.
Valid Search and Seizures without Search Warrant
a. Search made incidental to a valid arrest

 A person lawfully arrested may be searched for dangerous weapons or

anything which may be used or which may constitute proof in the
commission of an offense, without a search warrant. The warrantless search
and seizure as an incident to a lawful arrest may extend beyond the person
of the arrested to include the premises or surroundings under his
immediate control.

b. Search of moving vehicles

 If the police officers who will conduct the search have reasonable or
probable cause to believe, before the search, that either the motorist is a law
 offender or they will find the
instrumentality or evidence pertaining to a crime in the vehicle to be
searched, the vehicle may be stopped and subjected to an extensive search.

c. Seizure of evidence in plain view

 Any object in the plain view is subject to seizure and may be introduced as
evidence.

Requirements under the Plain View Doctrine are:

 The police officer must have prior justification for an intrusion or, otherwise,
must be in a position from which he can view a particular area;
 The discovery of the evidence in plain view is unintentional; or
 It is immediately apparent to the police officer that the item he observes may
be evidence of a crime, contraband, or is a valid subject of seizure.

When there is waiver of the right or there is consented

search
d.
To constitute a waiver of this constitutional right, it
must appear, first, that the right exists;

second, that the person involved had knowledge, either actual or constructive,
of the existence of such right; that said person had an actual intention to
relinquish the right.

e. Searches Under Stop and Frisk Rule

The police officer has the right to stop a citizen on the street, interrogate him,
and pat him for weapons whenever he observes unusual conduct which
convinces him that a criminal activity exists.

f. Emergency and Exigent Circumstances

A search warrant could be validly dispensed with in cases of exigent and

emergency situation, and the police officers have reasonable grounds to believe
that a crime is being committed, and they have no opportunity to apply for a
search warrant from the courts because the latter were closed.

g. Tipped Information

If the police officers have reasonable grounds to believe that the subjects are
engaged in illegal activities, the tipped information is sufficient to provide
probable cause to effect a warrantless search and seizure.