Saint Mary’s University_Criminology Review Center 1

Subject: Fundamentals of Criminal Investigation

Review Notes in law enforcement responsibilities and they

FUNDAMENTALS OF CRIMINAL INVESTIGATION patrolled Rome’s streets day and night. The
vigiles could be considered the civil police
Criminal Investigation –an art, as well as a science force designed to protect citizens.
which deals with the identification, location and
eventually apprehension of a suspected criminal It is from them that the word “VIGILANTE”
offender to prove his guilt through a criminal came from.
proceeding.
STATUTE OF WESTMINSTER – 1285 A.D.,
Historical Background England: was enacted establishing a rudimentary
 2100 B. C. BABYLON: as civilization developed, criminal justice system in which most of the
social and cultural traditions were codified into responsibility for law enforcement remained with the
formal laws. people themselves.
 The CODE OF HAMMURABI was then
implemented to detect those who refused to obey These statutes or laws were promulgated by
the law. It imposes the Winchester.
 LEX TALIONES principle where punishment of
an offender is equal to what he did. It is known to 1. The Watch and Ward Act
be the principle of “An eye for an eye and a tooth 2. Hue and Cry System
for a tooth.” 3. Parish Constable
 5th CENTURY B.C., ROME: Rome created the 4. Keeping weapon at home for family security
first specialized investigative unit. It was named
as QUESTORS/TRACKERS/MURDERERS. DATES & PERSONALITIES:
 6th CENTURY B.C. ATHENS: Unpaid
magistrates (judges) were appointed by the 1. 1720’s, England: JONATHAN WILD – a master
citizens to make decisions for the cases criminal who became the London’s most effective
presented to them. criminal investigator. He was the most famous
THIEF-CATCHER in 1720s. He conceived the
TIME OF ALFRED THE GREAT - In the later part of idea of charging a fee for locating and returning
19TH Century, England’s king, Alfred the Great stolen property to its rightful owners.
established a system of “mutual pledge” (social 2. 1750s, England: HENRY FIELDING –He was
Control), which organized for the security of the the creator and a magistrate of the Bow Street
country into several levels: Runners; he formed a group of police officers
attached to the Bow Street Court, not in uniform
1. TITHING – Ten persons are grouped together performing criminal investigative functions.
to protect one another and to assume 3. 1753, England: JOHN FIELDING – The “blind”
responsibility for the acts of the group’s younger brother of Henry Fielding who took over
members. The one who heads this group is the control of Bow Street Court in 1753. He also
called Tithing Man. introduced the practice of developing informants,
2. SHIRES – The divisions of a specific printing wanted notices, employing criminal raids,
geographic area. It is being controlled by the and bearing firearms and handcuffs.
king and governed by a Shire-reeve, or 4. 1800, London: PATRICK COLQUHOUN – A
Sheriff. prominent London President who proposed the
unique idea of creating sizeable uniformed force
TIME OF EMPEROR AUGUSTUS – At about the to police the city of London in order to remedy the
time of Christ, Rome: The Roman Emperor public outcry concerning the increase of
Augustus picked out special, highly qualified criminality during the early 1800s.
members of the military to form the following: 5. 1811, France: EUGENE “FRANCOIS” VIDOCQ
- established a squad of ex-convicts to aid the
1. PRAETORIAN GUARD – This was Paris Police in investigating crimes. He worked
considered the first police officers, their job is under the theory of “Set a thief to catch a thief.”
to protect the palace and the emperor. He is credited, as the founder of La Surete,
2. PRAEFECTUS URBI – Their function is to France’s National Detective Organization.
protect the city. They have both executive 6. 1829, London: ROBERT PEELS – The founder
and judicial power. and chief organizer of London Metropolitan
3. VIGILES OF ROME - The vigiles began as Police. He introduced the techniques in detecting
fire fighters, they were eventually also given crimes such as detectives concealing
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 Saint Mary’s University_Criminology Review Center 2
Subject: Fundamentals of Criminal Investigation

themselves, and secretly photographing and marks the beginning of the gang’s 15 year hold-
recording conversations. up and robbery spree (12 bank hold-ups and 12
7. 1835, TEXAS RANGERS was organized as the train robberies in 11 states). Clay County Savings
first law enforcement agency with statewide Association (CCSA) was their first victim and
investigative authority. This is the forerunner of their take was $60,000,000.00.
the Federal Bureau of Investigation (FBI). 20. 1882, France: ALPHONSE BERTILLON - A
8. 1839, Birth Year of Photography: WILLIAM French Police Clerk who introduced and
HENRY FOX TALBOT explained a photographic established the first systematic identification
process he had invented to the Royal Society of system based on the Anthropological Signalment
London. (Anthropometry). He is considered as the
9. 1839, JACQUES MANDE DAGUERRE gave a founder of Criminal Investigation in France.
public demonstration in Paris of his discovery on 21. 1913, PHILIPPINES - The official genesis of
the Photographic process he developed in Criminal Investigation in the Manila Police
collaboration with Nicephore Niepce. Department, presently the Western Police District
10. (1847-1915), Dr. HANS GROSS – The earliest took place.
advocate of criminal investigation as a science. 22. 1918, England, “TEAM POLICING” was
Gross was a native of Austria, born in Graz. introduced in order to win the support of the
Educated in law, he became interested in public.
investigation while serving as an examining 23. 1954, USA: Dr. PAUL KIRK – The best known
magistrate. He became a professor of Criminalist who headed the Department of
Criminology at the University of Vienna. Criminalistics at the University of California, USA.
11. 1852, U.S.A: CHARLES DICKENS is a great 24. 1966, USA: MIRANDA vs ARIZONA – The US
novelist in which through his story entitled bleak Supreme Court established procedural guidelines
house, he introduced the term detective to the for taking criminal confessions. The case is the
English language. origin of the present Miranda rights of every
12. 1852, U.S.A: ALLAN PINKERTON. This accused under the custody of police.
individual truly deserves the title of “America’s
Founder of Criminal Investigation.” Among
methods pioneered by Pinkerton were; ARREST, SEARCH AND SEIZURE – The term
“shadowing, roping, undercover.” They “arrest” came from the Latin word “arrestare” which
work with the motto “We never sleep.” means “cause to stop” and “restare” which means
13. 1856, U.S.A: KATE WAYNE: The first woman “stay behind”. These terms were used as early as
detective in the history of criminal investigation. during the 14th century.
She was hired by the Pinkerton Agency and
contributed to the resolutions of big cases of the On the other hand, the word search was derived
United States of America. from the Anglo-Norman word “searcher,” Old French
14. 1901, ACT NO. 70, otherwise known as the cerchier which means “to explore,” Latin word
CHARTER OF MANILA. The creation of a police “circare" which means “go around in circles.”
force for the city of Manila.
15. JANUARY 9, 1901 – The Manila Police RA No. 7438 - An act defining certain rights of
Department was organized with Col. Matthew person arrested, detained or under custodial
Harmon (1901-1903) as its first chief of police. investigation as well as the duties of the arresting,
16. AUGUST 8, 1901 – The Philippine Constabulary detaining, and investigation officers and providing
was organized that serves as the territorial force penalties for violation thereof.
for maintenance of peace and order in the
country. 1. Right to be informed of these rights
17. 1909-1924 JOHN EDGAR HOOVER – He 2. Right to remain silent
became the head of the Federal Bureau of 3. Right to counsel
Investigation, which was established by the 4. Right to waive these rights in writing and in
attorney general from 1909 to 1924. the presence of counsel
18. 1866, U.S.A: THOMAS BYRNES - He is an
unusually keen-minded individual who trained his RELATED TERMS:
detectives in recognizing individual criminal
techniques. He founded the criminal “modus 1. Warrant of Arrest is an order in writing issued in
operandi,” or method/mode of operation. the name of the People of the Philippines, signed
19. 1866, Liberty, Missouri, USA: THE JESSIE by a judge, directed to a peace officer,
JAMES GANG - made the first hold-up which commanding him to arrest the person designated
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 Saint Mary’s University_Criminology Review Center 3
Subject: Fundamentals of Criminal Investigation

and take him into custody of the law in order that 14. Modus Operandi- the method of operation used
he may be bound to answer for the commission by the offender in perpetrating the crime
of an offense. 15. Corpus Delicti- the body of the crime; the
2. Warrant Officer is any authorized member from substance of the crime or the facts composing
the law enforcement agency usually from the the essential elements of the crime
Philippine National Police (PNP) or National 16. Locus criminis – Latin term which means crime
Bureau of Investigation (NBI) who holds a scene.
warrant for execution within 10 days from receipt
subject to renewal in case of failure to execute Primary Aims of criminal investigation:
the same 1. to identify the guilty party
3. Bench Warrant – A warrant issued at the 2. to apprehend the guilty party
initiative of the issuing judge. 3. to provide evidence of his guilt in a criminal
4. Search Warrant is another order in writing proceeding
issued in the name of the People of the
Philippines, signed by the judge and directed to a Trichotomy of criminal investigation:
peace officer commanding him to search for 1. training- developing a good and competent
personal property and bring it before the court. investigator
5. John (Jane) Doe Warrant is a warrant 2. tool- the material used
containing no specific person to be arrested but 3. technique- the core of many parts of tactical
only descriptions based from the testimonies of strategy in criminal investigation
the victim/s or the witnesses/es. It contains the
physical description of the accused as well as Functions of criminal investigation:
other factors to be considered for the 1. Identification
identification of the accused (Sadili & Pena, 2. Collection
1998). 3. Preservation
6. Arrest is the actual taking of a person or persons 4. Evaluation
into custody by an authority in order that he/they 5. Presentation
may be bound to answer for the commission of
an offense. Stages of Criminal Investigation;
7. Search is the act of examining documents, 1. preliminary
papers and effects. 2. follow-up
8. Seizure – The taking of property which is a 3. final
subject of the search.
9. Complaint is a sworn written statement charging Stages of crime scene investigation
a person or a group of persons of an offense that 1. preservation of the locus criminis
is subscribed by the offended party such as the 2. processing the crime scene
victim/s of the offense committed, or any other 3. preservation of evidence
peace officer charged with the enforcement of the
law violated. CHAIN OF CUSTODY
10. Information is an accusation in writing charging  It refers to the number of persons who handled
a person or a group of persons of an offense that and possessed the pieces of evidence the
is subscribed by the prosecutor or fiscal. It is moment that they were collected, marked and
substantiated on oath and includes the name tagged up to the time of the final disposition of
of the party, the offense committed, facts of the case.
the offense and other factors relevant.  The basic rule is to limit the chain of custody to
(Curton,1989) . avoid tampering, substitution or loss.
11. Criminalistics- an applied science more
concerned with the use of practical and Tools of criminal investigation:
technological knowledge in order to detect and
investigate crimes. 1.INFORMATION- the general term referring to the
12. Criminal Jurisprudence- the science of laws or knowledge acquired by the investigator from
the application of laws, primarily criminal laws to various sources
detect and investigate crimes for the purpose of
promoting justice. Intelligence summary- a summary report
13. Intuition- the automatic or immediate knowing or containing highly significant information that can be
learning of something without the conscious use used by criminal investigators in planning
of reasoning. operations
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Subject: Fundamentals of Criminal Investigation

d. Diagram/sketch- documentation of physical

Classical systems of gathering information evidence locations as well as measurements
e. Evidence recovery log- documentation of the
a. French system- relies heavily in buying recognition, collection, marking and
information packaging of physical evidences
b. English system- relies primarily on information
given voluntarily Types of search for the perpetrator :
a. hot search- actual search of the crime scene
2.INTERVIEW – The simple and friendly questioning immediately after the commission of the
of a person who possesses knowledge that is vital crime
in the investigation process b. warm search- search of the general vicinity of
the crime scene
3. INTERROGATION- the vigorous and aggressive c. cold search- investigative search
questioning of a subject
Crime-scene search methods
Miranda Doctrine- a rule or principle in criminal a. strip
jurisprudence that requires mandatory pre- b. double strip/grid
interrogation warnings concerning self incrimination c. spiral
and the right to legal counsel of the suspect d. sector/zone/quadrant
(Miranda vs. Arizona). e. wheel
f. point-to-point
Waiver- a document showing voluntary
relinquishment of a right or privilege Crime scene reconstruction- the process of
reenacting how a crime occurred
a. Deductive – From general to specific.
4. INSTRUMENTATION- the application of Formulate a theory of the crime and support
instruments and methods of physical sciences to it with evidence.
detect and investigate crimes b. Inductive – Gather evidence to formulate a
theory of the crime.
Crime Scene investigation- the conduct of
processes, more particularly the recognition,
search, collection, handling, preservation of SKETCHING
physical evidences to include the identification
and interview of witnesses and the arrest of The General Kinds of Sketch:
suspects at the crime-scene
1. Rough Sketch is the sketch made by the
Purposes of CSI: investigator at the crime scene which is full of
 to establish what happened important details but without the scale of
 identify the responsible person proportion. This is used as the basis for the
finished sketch.
Command post- headquarters for 2. Finished sketch is the sketch with a scale of
communication, decision making, etc., in major proportion and drawn by a draftsman which can
complicated investigation be used for court presentation. Rough and
Cautious search- search of visible areas, taking finished sketches if requested by the court shall
steps to avoid evidence loss or contamination be presented by the draftsman to clear doubts
Vigorous search- for hidden, concealed areas of the jury.

Documentation process: Parts of Sketch:

a. Administrative worksheet- documentation of
major events, times and movements relating The following are parts of sketch that is usually
to the search efforts practiced by the Philippine National Police (PNP).
b. Narrative description- documentation of the This may vary depending on the sketcher and
general appearance of the crime scene as purpose of sketch.
first observed
c. Photographic log- documentation of the 1. Title – it refers to the crime committed or the
process of scene photography incident happened such as vehicular accident,

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 Saint Mary’s University_Criminology Review Center 5
Subject: Fundamentals of Criminal Investigation

homicide case, drowning, rape case and scene only like the room which the crime was
others. committed and the details of items in the room.
2. Body – refers to the sketch proper to include 4. Cross Projection – It also describes the
the position of the victim and other items in the immediate scene only, specifically inside a
crime scene. It includes proper measurements room as the scene of the crime. The room is
of distances of objects in the crime scene. treated as the cardboard box where the side
3. Compass direction (orientation) - A standard and the cover are collapsed to the same plane
arrow to indicate the north direction. To find the as the bottom. The bottom serves as the floor,
north without compass, determine the east the four sides representing the walls and the
where the sun rises. Facing east, your LEFT cover representing the ceiling.
SIDE is the north direction.
4. Nature of case – refers to the status of the BROAD CLASSES OF EVIDENCE
case whether currently committed or days have
passed after its discovery. 1. Testimonial Evidence – most common form of
5. Location of incident – refers to the place evidence obtained by interview and
where the incident happened. interrogation of which witnesses smell, hear,
6. Date/time of incident – refers to the exact taste and touch are being described through
time and date of the incident. This can be oral and written testimony.
gathered through interview from eyewitnesses 2. Documentary Evidence – are writings,
and other persons in the area. including official records, or contents “could
7. Name of victim – the part of the sketch where speak for themselves” when read by the
name of the victim is written investigation and the court. They may be
8. Name of suspect – refers to the part of the collected through voluntary relinquishment or
sketch where the name of the suspect is by a Subpoena Duces Tecum (court order)
written. which compels the party to bring the records to
9. Legend = This is usually placed at the bottom the court.
of sketch outside the sketch of the scene. 3. Physical or Real Evidence – are physical
Numbers represent the objects in the crime or objects used as evidence w/c are obtained
letters in order not to unnecessarily crowd the through searches at the scene of the crime.
graphic presentation. Their descriptions are Articles and material found in connection with
found in the legend. investigation, which aid in establishing the
10. Signatory – the part of the sketch where the identity of the perpetrator. It is also called real
name of the sketcher and the team leader or or autoptic evidence – evidence that does not
the officer in charge are written and signed. lie.
11. Date and time- refers to the exact time the
sketch was made. KINDS OF PHYSICAL EVIDENCE
1. Corpus delicti – objects/substances which
THE SPECIFIC KINDS OF SKETCH are essential parts of the body of the crime.
2. Associative evidence – evidence which
1. Sketch of Locality – It deals with the vicinity of links the suspect to the crime scene or
the crime scene in relation to the environs, to offense such as fingerprints & shoe prints.
include neighboring buildings, structures, or 3. Tracing evidence – article w/c assist the
means of access leading to the scene. This investigation in locating the suspect such as
kind of sketch is applied in conflagrations, ID and other personal documents (birth
suspected to be arson, indicating the origin of certificate, diary) that may identify the person
the fire and how is spread naturally or concerned.
unnaturally against the wind. 4. Circumstantial evidence – Identification is
2. Sketch of Grounds – This is the kind of sketch being established indirectly by proving other
which illustrates the scene of the crime with the facts or circumstances from which, either
nearest physical surroundings, such as the alone or in connection with other facts. The
room adjacent or opposite the room of the identity of the perpetrator can be inferred.
crime scene, the number of floors of a building
or house, the yard and the other natural CONFESSION DISTINGUISHED FROM
structures. ADMISSION
3. Sketch of Details – It includes the positions  Confession is the declaration of the accused
and exact locations of the physical evidence in acknowledging his guilt arising from the
the crime scene. It describes the immediate commission of a crime.
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Subject: Fundamentals of Criminal Investigation

 Admission is an acknowledgement of a fact or 3. False Informant – Usually reveals information

circumstance without accepting guilt. Guilt of no consequence or value.
maybe inferred in admission. When an 4. Frightened Informant – He is prodded by fear
accused confessed to the commission of a or self-interest in giving information to the
crime, he accepts the facts constituting the police.
offense but if he interposes self-defense or 5. Self-Aggrandizing Informant – This kind of
other exculpatory grounds, then his informant moves around the centers of
acknowledgement is not a confession but criminals, group or syndicate and delights in
admission. surprising the police about bits of information.
6. Confidential Informant - is a person who
KINDS OF CONFESSION provides the police with confidential information
1. Extra Judicial Confession – Those made by concerning a past crime or a projected and
the suspect during custodial investigation. planned crime.
Simply explained are that those confessions 7. Mercenary Informant – The informant has
are made outside of the Court. information for sale.
2. Judicial Confession – Those made by the 8. Double-Crosser Informant – He uses his
accused in open Court. The plea of guilt seeming desire to divulge information as an
maybe during arraignment or any stage of the excuse to talk o the police in order to get more
proceedings where the accused changes his information from them more than he gives.
plea of not guilty to guilty. 9. Women Informant

THE TECHNIQUES OF INTERROGATION Motives of Informant:

1. EMOTIONAL APPEAL – This is a technique 1. Vanity – The motive is for self-aggrandizement

where the investigator, combining his skills of by gaining favorable attention and importance
an actor and a psychologist, addresses the by police.
suspect with an emotional appeal to confess. 2. Civic Mindedness – Those imbued with the
Devotees of a religion may belong to this type. sense of duty and obligation to assist the police
2. SYMPATHETIC APPROACH – The in their task.
investigator, in his preliminary or probing 3. Fear – It is the engendered illusion of
questions must dig deep into the past troubles, oppression from enemies or from impending
plight and unfortunate events in the life of the dangers.
suspect. An offer of help, kindness, 4. Repentance – Those lesser criminals such as
friendliness, may win his cooperation. accomplices or accessories who will have a
3. FRIENDLINESS – A friendly approach coupled change in heart to unburden their conscience.
with a posture of sincerity may induce the
suspect to confess.
4. STERN APPROACH – The investigator DNA (DEOXYRIBONUCLEIC ACID) = DNA
displays a stern (demands immediate Fingerprinting is considered to be the ultimate
response) personality towards the suspect by identification test in the conduct of criminal
using the following methods: investigation. It provides 100 percent positive
5. THE MUTT AND JEFF OR SWEET AND identification of a suspect whose blood, semen
SOUR METHOD –mutt is arrogant, jeff is and/or other DNA-bearing body tissues of fluids were
friedly 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 INFORMANT
DR. ALEC JOHN JEFFREYS is the one who
Types of Informant: discovered DNA for identification purposes
(England). Now he is as considered as the father of
1. Anonymous Informant DNA genetic fingerprinting.
2. Rival-Elimination Informant – the purpose is
to eliminate the rival person or gang due to Methods of identification by witnesses:
competition or other motives such as revenge,
etc. 1. Portrait Parle – A verbal description of the
physical description of the culprit.
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 Saint Mary’s University_Criminology Review Center 7
Subject: Fundamentals of Criminal Investigation

2. Rogue’s Gallery – Are police files of known penetration, basis for issuance of
criminals. warrant (raid).
3. General Photograph – Consists of variety of
photographs, particularly with reference to Related Terms:
eyes, face, nose, forehead, mouth, ears, etc.
4. Cartographic Sketch – A composite 1. Cover – Any means undertaken to hide the
representation reduced to a drawing of the identity of the agent.
suspect’s face. 2. Cover Story – A disguised story to cover up
5. Police Line-up – Unknown fugitive is line-up the agent.
with innocent persons for identification by the 3. Undercover – An agent assigned to conduct
witness. At least seven (7) persons. undercover operation.
4. Undercover assignment – An undercover
operation
SURVEILLANCE 5. Mission – A specific undercover assignment
6. Mission order – An authority issued by a
• It is the observation of persons, places, physical superior officer to an agent in the conduct of
structures and vehicles for the purpose of undercover operation.
obtaining information concerning the identities of 7. Penetrating agent – It used to be an enemy
criminals an their activities. who has access to the target, but recruited to
• Persons involved: Surveillant and the subject serve as spy for the police within the criminal
organization.
Types of Surveillance: 8. Infiltrating agent – A law enforcer assigned
as undercover within a criminal organization.
1. Overt v. Covert surveillance
2. Fixed v. Moving surveillance
3. Shadowing (tailing), roping (undercover ELICITATION
investigation), casing (surveillance of place)
• A system whereby information of intelligence
Methods of Foot Surveillance: value is obtained through the process of direct
intercommunication in which the subject is
1. One Man Shadow unaware of the specific purpose of the
2. Two Man Shadow conversation.
3. Three Man Shadow or ABC Method –
Leapfrogging technique is useful Techniques of Elicitation:

Related Terms in Surveillance: 1. Flattery approach

 Teacher-pupil
1. Convoy – An escort  Kindred soul
2. Decoy – An associate of the subject utilize to  Good Samaritan
avoid surveillant.  Partial disagreement
3. Safe house
4. Burnt-out/ Made – Surveillance operation 2. Provocative approach
was compromised.  Teaser bait
5. Drop – A means of secret communication  Manhattan from Missouri
using available discreet methods.  Joe blow
 National pride
UNDERCOVER OPERATION

• A law enforcement operation wherein the

investigator assumes a fictitious identity in order
to infiltrate the ranks of the criminals for the
purpose of obtaining information. This is called
“roping”.
• Purposes:
– Information/ evidence gathering,
counter intelligence, installation of
surveillance equipment, loyalty check,
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Subject: Fundamentals of Criminal Investigation

ENTRAPMENT Exempted from Arrest:

• A legally sanctioned method of arresting • Members of the Congress who committed a

criminals by means of a trap wherein criminals crime with a penalty of 6 years imprisonment or
are caught in the act of perpetrating a crime. lesser.
• Buy-bust operation is a form of entrapment. • Foreign sovereign officials – Head of the State,
• Instigation is the act of inducing a criminal act by ambassadors, public minister, charge’s d affaires
a law enforcer against an innocent person, if not
because of such inducement he would not have Method of arrest by officer without warrant
committed it.
• The officer shall inform the person to be arrested
RAID of his authority and the cause of the arrest;
• UNLESS the person to be arrested is then (1)
• A surprise invasion of a house, building or any engaged in the commission of a crime or is
enclosures used in the perpetuation of a criminal (2) pursued immediately after its commission or
act in order to catch criminals in the act of after an escape, or (3) flees or forcibly resists
committing a crime. before an officer has opportunity to inform
• To be legal, there must first be a search warrant him, or (4)when the giving of such information
issued by the a competent court. will imperil the arrest.

Purposes of Raid: Method of arrest by a private individual:

1. To effect apprehension • He shall inform the person to be arrested of the

2. To obtain evidence of illegal activity by intention to arrest him and cause of the arrest;
surprising in flagrante delicto • UNLESS the person to be arrested is then (1)
3. To recover stolen property engaged in the commission of a crime or is
(2) pursued immediately after its commission or
WARRANT OF ARREST after an escape, or (3) flees or forcibly resists
before an officer has opportunity to inform
• Arrest Warrant – An order in writing issued in him, or (4)when the giving of such information
the name of the People of Philippines, signed by will imperil the arrest.
a judge and directed to a peace officer,
commanding him to take a person into custody in When to use forcible entry?
order that he maybe bound to answer for the
commission of an offense. 1. When refused admittance, or the respondent
named in the process is not found or shown to be
• Even if not served within 10 days from in the dwelling;
issuance, it remains valid until: 2. When breaking out of building or enclosure to
 Recalled by the issuing court effect release or liberate himself;
 Culprit was arrested 3. Arrest after an escape or rescue
 Culprit voluntarily surrendered
 Culprit died.
SEARCH & SEIZURE
• General Rule: No person shall be arrested
without a valid warrant of arrest issued by a • Search – The examination of an individual’s
competent court. person, house, papers or effects or other
• Exceptions (Warrantless Arrest): buildings and premises to discover contraband or
1. Arrest in flagrante delicto some evidence of his guilt to be used in the
2. Arrest in hot pursuit prosecution of a criminal case.
3. Arrest of escape prisoner/ detainee • Seizure – The taking of property into custody
4. Arrest by a bailor against the bailee found by searching.
who jumps bail • Search Warrant – An order in writing issued in
5. Arrest of an undesirable alien as the name of the People of the Philippines,
ordered by the President or the signed by a judge and directed to a peace
commissioner of BID officer, commanding him to search for personal
property described therein and to bring it before
the court.
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 Saint Mary’s University_Criminology Review Center 9
Subject: Fundamentals of Criminal Investigation

• General Rule: No person, paper or effect, • Evidence is admissible when it is

dwelling or private property shall be (1)relevant to the issue and is (2) not
searched without a valid search warrant excluded by law or the rules.

• Exceptions: Classification of evidence:

1. Consented search (waiver of right)
2. Plain view situation 1. OBJECT – Directly addressed to the senses of
3. Search of a moving vehicle (visual the court . Referred to as real evidence or
search) evidence by “autoptic preference”.
4. Body search in airports or seaports 2. DOCUMENTARY – Consist of writing or any
5. Search incidental to a lawful arrest material containing modes of written expression
6. Stop & frisk (i.e. words, numbers, figures, symbols) offered as
7. Enforcement of Custom laws proof of their contents.
8. Fire inspection 3. TESTIMONIAL – Submitted to the court through
9. Sanitary inspection the testimony or deposition of a witness.

Subjects of Search Warrant: Other Classifications:

1. Subject of the offense 1. DIRECT – Proves the fact in dispute without aid
2. Stolen or embezzled property and other fruit or of any inference or presumption.
proceeds of the crime 2. CIRCUMSTANTIAL – Proof of fact/s from which,
3. Tools or objects used or intended to be used in taken singly/collectively, the existence of the
the commission of a crime particular fact in dispute may be inferred as a
necessary/probable consequence. It is evidence
Types of Body Search: of relevant collateral facts.

1. Wall search 3. CUMULATIVE – Evidence of the same kind and

2. Standing search to the same state of facts.
3. Kneeling search 4. CORROBORATIVE – Additional evidence of a
4. Prone search different character to the same point.

5. PRIMA FACIE – That which, standing alone is

RIGHTS OF THE ACCUSED sufficient to maintain the proposition affirmed.
6. CONCLUSIVE – That class of evidence which
1. Right to be presumed innocent the law does not allow to be contradicted.
2. Right to be informed of the nature & cause of
accusation against him 7. PRIMARY – (Best evidence) The law regards
3. Right to defend himself or by counsel these as affording the greatest certainty of the
4. Right to testify in his own behalf fact in question.
5. Right against self-incrimination 8. SECONDARY – (Substitutionary evidence)
6. Right to confrontation & cross examination of Permitted by law only when the best evidence is
witnesses against him in trial unavailable.
7. Right to compulsory processes 9. POSITIVE – When a witness affirms that a fact
8. Right to an impartial and public trial did or did not occur (there is personal
9. Right to appeal in all cases allowed and in the knowledge).
manner prescribed by law. 10. NEGATIVE – When witness states that he did
not see or know of the occurrence of a fact

EVIDENCE 11. Relevant evidence - offered piece of evidence

has probative value as to the fact in issue.
• Evidence – is the means, sanctioned by the 12. Competent – are evidence NOT excluded by
Rules of Court, of ascertaining in a judicial law.
proceeding, the truth respecting a matter of fact. 13. Material evidence – the offered evidential fact is
• Proof – The result of evidence. directed to prove a fact in issue.
• Burden of proof – Lies on the prosecution

When evidence is admissible?

criminator_budz// [jonathan r. budaden]