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CCC Criminology Review

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FUNDAMENTALS OF Edmund Locard – French criminologist, he


CRIMINAL INVESTIGATION established the world’s first crime laboratory in
Lyon, France. He expounded Dr. Gross’ theory by
stating that “when two object come into contact
ATTY. ARTEMIO JAY G. TORREDES, RCRIM. with one another, they leave traces of each other
Partner, Torredes Cedeno & Associates Law Firm, Cebu City behind” (there is always something left behind at
Former Dean, Criminology Department, UC Main the crime scene). This became known as Locard’s
Former Professor, Graduate School Department, UC Main Exchange Principle upon which modern forensic
Academic Director, CMT Target Criminology Review
science owes its theoretical foundation.
Former Corporate Attorney, Mactan Cebu International
Airport Authority
Member, IBP Cebu Province Chapter Sir Llewelleyn William Atcherly – Chief Constable of
Topnotcher (1st Place) Sept. 2002 Criminologist Licensure West Riding, Yorshire. He pioneered the recording
of M.O. (modus operandi) files as investigative aids
that can be used to identify criminals based on the
tools they use, the manner of commission, the time
of the crime, and other datas.
INTRODUCTION
Bulmerry Morning Street Parade – a practice began
Criminal investigation in its modern form is a in Bulmerry where captured criminals are paraded
rather recent development. In the past, crimes are in front of the police force in order to facilitate easy
solved not by scientific methods of inquiry but identification in case they commit crimes in the
rather through crude and discredited means such future. This is the origin of the Police Line-Up.
as witchcraft, torture and other similar methods.
Alphonse Bertillon – father of Personal
Early 19th Century Criminologists saw the need to Identification who framed Anthropometry (the
develop a scientific means of identifying criminals individualization of a person based on body
because the criminological theories are useless measurements). This supplemented the practice of
unless we send the right persons to jail or prisons. descriptive words accompanying a sketch in order
For instance, the classical theory of deterrence and to identify criminals (also known as Portrait Parle –
positivist theory of rehabilitation cannot be applied French for “word picture” or “talking pictures”).
to an innocent person since no amount of With the advent of photography, drawings became
punishment or treatment can deter or treat an out of fashion. Nevertheless, the practice of
innocent person. Thus, Dr. Hans Gross, Edmund accumulating Rogues Gallery became imbedded in
Locard and August Vollmer undertook to establish policing around the world.
the earliest crime laboratory in the world to
advance the art and science of investigation. Alan Pinkerton – he was a pioneer in non-
government policing and private detective works in
EARLY CONTRIBUTORS the US. The company he established bore his name
and have a logo of an eye with the inscription “we
Eugene Francois Vidoque – a former convict who never sleep” which the American public came to
became the head of Surete, which was recognized know as “private eye”.
at that time as France’s premier detective agency.
He is credited for his effective use of criminals to August Vollmer – following the lead of European
catch criminals. Vidoque’s unorthodox approach development in Criminal Investigation, he
later became a model for John Wilkes Booth to established the first crime laboratory in the United
follow by stating that “it takes a thief to catch a States in order to support his efforts to
thief”. professionalize policing in the US.

Henry & John Fielding – Henry Fielding was a John Edgar Hoover – director of the Federal
travelling magistrate of England who established Bureau of Investigation, his efforts to centralize
the world’s first uniformed police force in Bow information on fugitives, criminal activity,
Street, a road notorious for thievery. Also known as organized crime, fingerprints, etc., led to the
“runners” or “thief-takers”, they conduct patrol and further development of criminal investigation.
respond to reported incidents. When Henry died,
he was replaced by his blind brother John as head INVESTIGATION
of the Bow Street Runners. This eventually became
a model for the London Metropolitan Police The word “investigation” came from the latin word
(Scotland Yard) of Sir Robert Peel. “vestigare”, which means “to track or to trace”.

Dr. Hans Gross – father of Criminalistics, he Investigation is not unique to law enforcement. As
published a book entitled “Modern Criminal a matter of fact, other professions routinely
Investigation” which pave the way for his pupil conduct investigation on their fields of
Edmund Locard to incorporate modern science to specialization. Thus, a doctor must first diagnose
police works. the disease before he can recommend the cure. He

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must investigate. Likewise, an engineer cannot Criminal Investigation, in whatever stage, is
calculate the concrete unless he measures the floor primarily REPRESSIVE. Meaning, it comes into
area of the structure he is building. He must action only when a crime occurs. Crime prevention
investigate. is the first line of defense, when it fails, criminal
investigation (the second line of defense) begins.
CRIMINAL INVESTIGATION: Criminal investigation therefore is reactive, rather
than proactive.
When applied to law enforcement, it is safe to state
that crimes cannot be solved on its own unless the However, if you are asked: Can criminal
police conducts criminal investigation. Criminal investigation be possibly considered PREVENTIVE?
investigation is “the systematic, step-by-step The answer is YES. By conducting thorough
process of determining whether or not a crime has investigation, the police can prevent the same
been committed, and if so, who committed it”. criminal from committing future crimes. In this
very limited sense, criminal investigation may be
Since it involves a step-by-step process, it helps to considered preventive.
know the different stages involved in the
development of a full blown criminal investigation, SCHEMATIC DIAGRAM OF THE FLOW OF
these are: INVESTIGATION:

1. Detection – is the fact of discovery. It is the


chance event which triggers the operation of our
criminal justice system. This occurs when a
possible crime is observed by the police or are
reported to its attention.

2. Preliminary Investigation – the early of initial


stage of the investigation immediately after the
occurrence of the crime. This is usually done by
first responders or patrol officers who take the
following primary responsibilities on site:
i. Deal with emergencies first:
- Neutralize all threats
- Render aid to the injured
ii. Cordon the crime scene
iii. Record all information and disseminate to
available patrol units for possible hot
pursuit
iv. Wait for detectives
v. Make initial/spot report

3. Follow-up Investigation – after the initial


investigation, a more thorough investigation is
made by the detectives or investigators in order to
tie up the loose ends of the initial investigation or
further build up a stronger case.

4. Re-investigation – in some cases, a re-


investigation is resorted to whenever fatal errors
are committed in the earlier investigations which
prevent the closure of the case. This usually
happens when unethical investigative practices are
resorted to, thereby requiring re-investigation in
order to prevent a miscarriage of justice. These
unethical investigative practices may include:
i. Torture
ii. Planting of evidence
iii. Instigation QUALITIES OF A GOOD INVESTIGATOR
iv. Frame-up – where an innocent person is
Not all police officers are fit for detective or
made to appear responsible for a crime
investigative works. A good candidate for
committed by another
investigative assignment must possess adequate
v. White wash – where officials deny the
Intellectual, Emotional and Physical characteristics
existence of a crime
(Bennet & Hess, Criminal Investigation, 1995
Edition).
NOTE:

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I. INTELLECTUAL CHARACTERISTICS – CSI Effect is a recent phenomenon in relation to
investigators must be able to sort out facts from criminal investigation that results to an
fictions in dealing with various kinds of “unrealistic expectations of the public in the
information. He must learn how to use inductive conduct of criminal investigation” due chiefly to the
and deductive reasoning, use a logical process of popularity of fictional TV shows such as CSI.
elimination, be familiar with the common
knowledge and motivations of men, and be able Far from the glamorous depiction of detectives in
ask probing questions. He must do all of this while televisions and the movies, effective investigators
being able to retain information. On top of this, he are often involved in hard work, risking their lives
must prepare his report in a well arranged case and limbs, and living anonymously far from the
folder. limelights often depicted in the movies.

The investigator also has the initial responsibility GOALS OF CRIMINAL INVESTIGATION
to recommend what offense to charge. He therefore
must have a thorough understanding of the penal Criminal investigation have the following generally
laws of the land. He is also expected to be well accepted objectives:
versed on the procedures for filing of complaint, 1. To determine whether or not a crime has
application for Search Warrant, testimony in court, been committed
making of affidavits, etc. In addition, he must be 2. To identify & arrest the suspect
able to identify the evidentiary value of materials 3. To provide the prosecution with evidence
and information he comes across in the course of necessary to support conviction
his investigation. All of these require more than an 4. To recover stolen property
average intellectual capability.
INVESTIGATIVE TOOLS (3 I’s of investigation)
II. EMOTIONAL/PSYCHOLOGICAL – investigators
often encounter cases which reveal the worst of The following are recognized tools of investigators:
human nature: father raping their own daughters,
children killing their own parents, neighbors 1. Information
stealing from their own community, rapists who 2. Instrumentation
ravage and kill their own victims. Investigators who 3. Interrogation
lack emotional and psychological maturity will find
themselves personally affected by the cases they I. INFORMATION
are handling. If things get too personal for an
investigator, he loses his neutrality and objectivity For purposes of investigation, INFORMATION is
by becoming too involved in the case. “anything that tells us something, whether, correct
or incorrect”. This is a general term that refers to
An emotionally immature policeman may be any facts, statements or materials surrounding the
susceptible to manipulation. Remember, not all commission of a crime. If the information is of such
complainants are victims. For instance: A nature and quality that it could further advance
complained that she was raped by B. Human the investigation, that information is called a
nature naturally feels sympathy for A, the LEAD. When there are no more leads to develop, it
complainant. But the investigator must not be is said that the investigation is facing a BLANK
swayed so easily. He must be suspicious of the WALL.
possibility that A is lying and was motivated by
revenge, hatred or spite against B. Thus, a good SOURCES OF INFORMATION
investigator must have the diligence and
professionalism to independently gather facts. This The following are sources of information:
doctrine is strictly followed by the NBI. A. Persons
B. Places
III. PHYSICAL CHARACTERISTICS – the least C. Things
important but nevertheless desirable characteristic
is the ability to work long hours in the field under A. Persons – these are individuals who may be:
challenging conditions. Oftentimes, detectives find 1. Victims – the direct recipients of the crime
themselves working in remote areas where there itself who suffered direct or indirect
are no ready access to food, drinks and medicines. loss/injury as a consequence thereof
There are instances where the terrain of the crime 2. Complainants – persons who informs the
scene is physically challenging such as a ravine or police of a crime and demands that
a deep well where the investigator may have to something be done about it
climb up and down. Most of the time, crime scenes 3. Witnesses – third persons who have
are exposed to the elements, the sun, the rain, personal knowledge of relevant facts
chemicals and even infectious bacteria. surrounding a crime
4. Informers/Informants – furnishes
CSI EFFECT information relative to a crime either
voluntarily or for a consideration

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5. Suspects – person who is accused as the 3. How did you came to know of the killing?
author of the crime Who reported it to you and where do he
lives? Ans. We received a phone call from
Interview & Interrogation Mario Ortiz regarding a shooting incident
which he saw happen in front of his house.
In processing persons as sources of information, He lives just across the street where the
the investigator generally conducts an INTERVIEW body of the victim was found.
– a friendly and cooperative conversation for the 4. When you arrived, what was the situation
purpose of obtaining as much relevant information on site? Ans. People were panicking and
as the source can possibly give under the pointed towards Marigondon where the
circumstances. However, when the subject is the suspect fled on board a Yellow Honda XRM.
suspect himself or a hostile/uncooperative witness 5. Did anybody saw the plate number of the
– the conversation is rather confrontational and is motorcycle? Ans. No sir.
called INTERROGATION. With respect to the 6. The vitim Mr. Juan dela Cruz, is he known
suspect, interrogation is valid only if made in to you? Does he have known enemies? Ans.
compliance with MIRANDA RIGHTS. Yes sir, I know the victim. He has no known
enemy in our barangay but he had an
Planning the interview altercation with a certain Jack Tattoo from
Marigondon because of a woman.
The interviewer must have a general knowledge of 7. Who is this woman? Ans. The girlfriend of
the crime before he could start asking intelligent the victim sir, her name is Angel from
questions and illicit useful information from the Tacloban.
interviewee. He must first gather the general data
and start from there. These data involves the basic Based on the following questions as framed by the
5W and 1H of criminal investigation: investigator, several unknown facts were revealed:
1. What? first, there was an eyewitness named Mario Ortiz;
2. Where? secondly, victim had an earlier altercation with a
3. When? certain Jack Tatoo from Marigondon because of
4. Who? possible love triangle with Angel from Tacloban;
5. Why? third, the shooter rode a Yellow Honda XRM
6. How? motorcycle; fourth, the suspect fled towards
Marigondon; and finally, what if ballistic tests
Thus, assuming that a homicide was reported and shows that the .45 pistol used belonged to a
you are the criminal investigator. On site you must certain Jack Tattoo? Would you consider this
establish the following facts: coincidence important? You now have several leads
1. What is the nature of the case? (information that can further advance the
2. Where was it committed? investigation). You must follow these leads until
3. When did it happen? the identity of the accused is established beyond
4. Who are the persons involved? reasonable doubt. Otherwise, you will face a blank
5. Why did it happen? wall.
6. How was it committed?
(For interrogation, see discussions below in page 7
If after the above preliminary inquiries you have & 8)
gathered that the crime involved death reportedly
committed in Basak, Lapulapu City, on Auguts 1, Note: Ideal investigators are naturally inquisitive
2013 at 10:00PM resulting to the death of one Mr. and suspicious (without showing it to the subject).
Juan dela Cruz who bore a single gunshot wound As the he becomes more seasoned, framing
in the head from a .45 pistol, a bullet & a spent questions that elicits the most information from
shell from .45 was recovered from the scene and the source becomes almost automatic by
sent to the laboratory, at the time of the experience. That is why investigation is considered
commission, it initially appears that no one saw both a SCIENCE and an ART.
the actual shooting.

You must frame your questions from the above B. Places – places as a source of information
KNOWN facts. Your purpose in interviewing is to generally refers to the SCENE OF THE CRIME
reveal UNKNOWN facts – facts that needs to be (locus criminis). It is important for the
developed further. investigators to locate the true crime scene
because it contains the highest concentration of
Suppose you came across a tanod who responded physical evidence and possible witnesses of its
to the scene first, you may ask him the following commission.
questions based on the above known facts:
1. You were one of the first tanods who Crime scenes may be:
responded to the alarm first? Ans. Yes 1. Primary Crime Scene – the place where the
2. What’s your name? Ans. Pedro dela Calzada crime was committed

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2. Secondary Crime Scene – the place where properly identified, photographed, packed
the crime was continued and recorded, resulting to needless
3. Pseudo Crime Scene – a crime scene staged destruction of vital evidence;
to mislead, cover-up, or conceal what really 4. Crime scenes may contain chemicals,
happened viruses, or bacterial pathogens that may be
harmful to humans, thus investigators
must have access to protective clothings,
For example: surgical masks, gloves, CBRN suits, and
the likes;
A shot B in Room 69 of Manila Hotel. Afterwards, A 5. Un-exploded bombs or ordnance may be
placed the body of B inside the baggage found in the crime scene which may be
compartment of a blue Toyota Vios and dumped triggered when inadvertently disturbed;
the body in Smokey Mountain where it was later 6. Difficult terrains may present natural or
found. man-made hazards to field investigators
such as landslides, flooding, collapse of
Room 69 of Manila Hotel is the primary crime building, electrocution, etc.
scene. The Toyota Vios and the Smokey Mountain
where the body was found are secondary crime
scenes. Selecting the most appropriate search pattern:

What if instead of dumping B’s body in the Smokey The search pattern to be employed depends on
Mountain, A made it appear as if B committed many factors, such as:
suicide inside the car and falsified a suicide letter? 1. The crime committed and the type of
That is called Pseudo (False) Crime Scene. evidence that can be found (explosives,
flammables, biohazards, or susceptible to
Please take note that all crime scenes must be rapid deterioration)
processed, whether primary, secondary or pseudo. 2. The nature of the terrain (is it indoor or
However, it must be stressed that importance must outdoor? Is it plain field or mountainous? Is
be given to locating the primary crime scene. it bare or thick with vegetation? Etc.)
3. The size of the area to be searched
4. The number of personnel available
Processing the Crime Scene: 5. The tools and equipment’s of the search
teams
Crime scene operatives must first conduct a 6. The weather conditions
thorough walk-through around the outermost
boundaries of the crime scene. He must make an Note: No two crime scenes are alike. Each crime
initial determination of the entry point, exit point scenes are unique, thus different crime scenes
and contact points, determine the size of the scene demands different search plans to be employed
and extent of evidence distribution, and plan the according to the circumstances of each location.
appropriate search pattern to use for that However, the basic search pattern’s remains the
particular crime scene. same. As the investigator becomes seasoned by
experience, selecting the most appropriate search
Entry point is that part of the scene where the pattern becomes almost automatic by mere
suspect gained access inside a room, house or a INTUITION or GUT-FEEL (kutob). That is another
building. Exit point, on the other hand, refers to reason why investigation is considered both a
that part of the scene where he left, took flight or SCIENCE and an ART.
escaped. Contact points are those part of the crime
scene where the suspects’ body, clothing’s or tools Different Search Patters:
have disturbed, touched, made contact with, or Search Procedure Advantage Dis-
stepped into. Contact points may acontain the Pattern advantage
suspects DNA, fingerprints, shoeprints, etc. Lane or 1. In case of 1. Takes a 1. Less
Strip multiple short time thorough.
The investigator must be cautious in approaching searchers, to complete 2. Vital
crimes scene for the following reasons: each evidence
1. Unidentified suspects who may be armed searchers may be
and dangerous may still be lurking around align in overlooked
and could present a serious threat or harm straight in the
to policemen and bystanders; paths and search.
2. Families of the victim whose emotions combs the
remain high may view the investigators with scene by
contempt and hostility which could possibly making a
result to violence and altercations; single pass
3. Evidence found at the crime scene may be on their
fragile and susceptible to destruction or lanes.
cross contamination before they can be 2. In case of
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single outward or search is greater
searcher, he towards the moves than the
makes a center of the nearer to center
single pass crime scene. the center resulting to
on each 2. If it gaps where
parallel begins from important
lines in an the outside evidence
opposite and ends in may be
direction the inside, it overlooked
until all the is called
lanes are Inner
covered Wheel. If it
Double 1. Same as 1. More 1. Takes begins from
Strip lane or strip thorough twice as the inside
method but 2. Evidence much time and ends in
the searcher missed to complete the outside
makes a during the than a it is called
second pass first pass single strip. Outer
adjacent to may be 2. Evidence Wheel.
the first seen found on the Zone, 1. The crime 1. Suitable 1. Extensive
search in during the second pass Sector, scene is for large use of
such a second may actually or divided into crime resources
manner that pass be left Quad- several scenes and
the first and behind by rant zones or such as manpower
second the sectors and those 2. More
search searchers in assigned to found in difficult to
criss- the first different aircrash, document.
crosses one pass (cross- search exposions,
another. contaminati teams who arson, and
on). will conduct the likes.
Spiral 1. The 1. Useful in 1. Not a separate 2. Suitable
search tight and suitable for search for for multi-
begins or cramped medium and their area storey
ends in a spaces. large crime buildings,
focal point 2. Allows scenes each floors
by making searchers are
clockwise or to concen- considered
counter- trate as one
clockwise around a zone or
circular focal point sector
motions where
around the evidence is Documenting the Crime Scene
center of the most likely
crime scene. to be found Crime scene documentation refers to the recording
2. If it (such as of all available information surrounding a crime
begins from the body of scene and all activities which occurred therein.
the outside the victim). This is done by:
and ends in 1. Photography
the inside, it 2. Video and voice recording (First allowed in
is called the United States and other foreign
Inner countries. With the advent of CCTV
Spiral. If it cameras, Philippine courts now allow the
begins from introduction of videos as evidence. The
the inside voice recording mentioned here refers to the
and ends in voice recording made by the investigator in
the outside order to aid his memory, in case writing is
it is called not possible)
Outer 3. Crime scene sketch showing the location of
Spiral. important items and measurements of
Wheel, 1. The 1. Allows 1. The distance
Radii, search searchers distance 4. Evidence log
Pie, or begins or to focus on from each
Spoke ends in a an search 1. Photographing the crime scene
focal point important points from
by radiating area as the the outside
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Photographing the crime scene requires shots to be of the suspect, such as hotel guest lists,
taken from the following distances: plane tickets, ATM withdrawals, and the
i. Long range – showing the scene with a likes (Swanson, Chamelin & Territo)
prominent landmark at the background to
indicate its general location. Long range 2. Associative evidence – evidence found in the
photographs must be taken in four (4) suspect which places him at the crime
different ANGLES: front, right side, back scene, such as bite marks, tools, & blood
and left side if the photographers moves in stained shirts. There are also special types
a clockwise fashion; or front, left side, back of associative evidence called:
and right side if the photographer moves in a. Souvenir – part of the crime scene
a counterclockwise fashion. which the suspect intentionally took
ii. Medium range – shots highlighting a spot as a remembrance, such as the
appearing in the long range shot. This may underwear of a rape victim
also be taken in order to show the positions b. Trophy – part of the body of the
of several evidence relative to one another victim which the suspect
(group picture) intentionally took as a memento,
iii. Close up – shots indicating one specific such as the pubic hairs of the rape
evidence with ruler or measuring device victim
placed alongside the evidence 3. Evidence with class characteristics
4. Evidence with individual characteristics
2. Crime Scene Sketches and Measurements 5. Fruits of the crime
6. Tools used in the commission of the crime
Sketches may be:
i. Rough – taken at the field II. INSTRUMENTATION
ii. Finished – based on the rough sketch but
finalized in the office Instrumentation refers to the use of forensic tools
in order to advance the goals of investigation. Also
Sketches must describe the general floor plan of called CRIMINALISTICS, this is where investigation
the room or the layout of the field, if outdoor. The becomes strictly scientific.
position of items found in the crime scene must be
shown as accuratly as possible. Each evidence We will not discuss each branches of Criminalistics
must be identified by letters “A to Z” and described here but you will find it in another set of handouts
in a LEGEND appearing below the sketch. The where the details are best discussed. However, it
bearings must also appear on the sketch, helps to run through them since instrumentation
indicating where is North, South, East or West. is one of the three (3) I’s of Criminal Investigation.
These are:
The sketch must also contain measurements. 1. Legal Medicine;
Measurements may be made by: 2. Forensic Chemistry & Toxicology;
i. Straight Baseline method 3. Personal Identification;
ii. Diagonal Baseline method 4. Firearms Identification (Forensic Ballistics);
iii. Triangulation method 5. Questioned Documents & Handwriting
iv. Cross-projection method Examinations;
6. Polygraph Examinations; and
Lastly, the sketch must bear the identity of its 7. Police Photography
maker and signed by him. Otherwise, it is
considered hearsay. Note: Recent developments in forensic science were
intentionally not included because strictly
C. Things – the last but certainly not the least speaking, these are just additional developments of
source of information are things. Things are any the above main forensic branches. For example,
tangible objects found at the crime scene or in Forensic Odontology (study of dental or teeth
possession of the suspect. These are objects of structure) and Forensic Entomology (study of
evidentiary value. The investigative classification of carrion insects found in a decomposing body) are
evidence is more technical and is somewhat just a branch of Legal Medicine. Likewise,
different from the classification of evidence under Deoxyribonucleic Acid or DNA examination are
the Rules of Court. Nevertheless, they are related part of Legal Medicine, Forensic Chemistry &
to one another. Personal Identification.

Things include the following: III. INTERROGATION


1. Trace evidence – minute evidence found at
the crime scene which places the suspect Unlike in interview where the purpose is to reveal
on scene such as fingerprints, shoe unknown facts, the purpose of interrogation is to
imprints, cigarette butts, spermatozoa confront the suspect with the evidence already
(Criminal Investigation, Hess & Orthman). obtained from all sources (PERSONS, PLACES 7
Trace evidence may include evidence which THINGS) in order to encourage the suspect to
indicates the whereabouts and movements confess.
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Here, the investigator already have a clear picture Techniques/Approaches in Interrogation


of what really happened. All that is left is to
confront the suspect about his findings. 1. Bad cop/good cop technique – a.k.a. Mutt
& Jeff, Hot & Cold. In this approach, one
Before starting the interrogation, however, he cop plays tough and intimidating while the
must remember the requirements of Miranda other plays soft and accommodating. The
Rights and other pertinent laws such as RA (Rights objective of the bad cough is to lead the
of a Person Arrested, Detained or Under Custodial suspect to cooperate with the good cop.
Interrogation) and RA 9745 (Anti-torture Act). 2. Sympathetic approach – best used for
sensitive suspects who commit crimes
Miranda v. Arizona (Miranda Doctrine) because of fits of jealousy or emotions. The
questioning here usually starts with “I
Facts of the case: A white woman reported to the understand how you felt”, “If I were on your
Arizona police that she was raped. The suspect was situation, I would probably do the same
described by the victim as Mexican. The police thing”.
rounded up several suspects who fit the 3. Reflective Interview Technique (Mirror
description and one of them was Ernesto Miranda, technique) – in this approach, the
a truck driver of Mexican descent who does not investigator presents a psychological mirror
speak English and doesn’t know how to read or to the suspect and reverse the situation by
write because he did not even finished grade making him understand the feelings of the
school. When presented in a police-lineup, the victim. The questioning here are usually
woman “positively identified” Miranda as the framed in this manner: “How would you feel
culprit. During extensive interrogation, Miranda if it was your own child that was killed?”,
was made to sign a paper without the assistance of “The victims’ body is yet to be found, don’t
counsel which turned out to be a confession youn think the victim deserves a proper
written in fluent English. On the basis of the Christian burial?”, etc.
signed confession, however, he was convicted by 4. Cognitive interview technique – in this
the trial court. approach, the interrogator carefully
examines the body-language of the suspect
Issue: Whether or not the conviction is proper. in relation to his answers in order for the
investigator to determine whether or not the
Ruling of the US Supreme Court: The conviction is suspect is lying, evasive or deceptive.
erroneous and violates the Due Process clause of 5. Intellectual approach - in this method of
the American Constitution. Every person accused interrogation, the questioning is
of a crime has the right to be informed his right to characterized with frankness and matter-of-
remain silent; that what he says or do may be used fact accusations. The suspect is confronted
against him in a court of law; he has the right to with hard, undisputed facts and
counsel, preferably of his own choice; and if he encouraged to weight the advantages of
cannot afford, one will be provided to him for free. cooperating rather than not-cooperating.
An accused who is not properly appraised of these 6. Mixed approach – the combination of any or
rights can lawfully contest the validity of any all of the above techniques.
signed confession or statements, which, by virtue
of the coercive pressure exerted by veteran Example of intellectual approach:
interrogators, he is too intimidated or powerless to
resist. In our previous imaginary case in our discussion
in interview (page 4 & 5), suppose you came face to
Exceptions to the Miranda Rights: face with Jack Tattoo and initiate the following
1. When the accused freely and voluntarily intellectual approach:
waived this right; 1. I am PO1 Devil from Cebu, are you Jack
2. Volunteered information – when the Tattoo? Ans. Yes I am. Why do you ask?
accused, without waiving this right and 2. You have the right to remain silent, etc. etc.
without the police initiating the 3. Jack, I have information that on the night
questioning, nevertheless volunteered of August 1, 2013, you went to Basak and
information which contributed to his shot Juan dela Cruz. I also had information
conviction; that several days before the shooting, you
3. When the conviction is partly based on quarreled with the victim because of Angel
available evidence other than the from Tacloban. The victim died from a .45
confession of the accused; and Cal. Pistol registered in your name.
4. Inevitable discovery rule – when the Witnesses saw the culprit ride a yellow
information furnished by the accused is of Honda XRM towards your barangay in
such nature that the police would have Marigondon. I conducted a background
discovered it anyway, even in the absence check at LTO and found you owned a yellow
of the confession, the accused could still be Honda XRM motorcycle. If I were you, I
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crime so you can avail of mitigating 4. Kidnapping
circumstances under the law. Even if you 5. Carnapping
hire the best lawyer you could find, I 6. Bomb threats and explosions
guarantee you will be convicted. Except 7. Illegal recruitment
perhaps, if Atty. AJTorredes agrees to 8. Terrorist activities
defend you. 
(Note: The topic on Special Crimes Investigation in
the Philippine Settings will be covered below by
Distinctions between Interview & Prof. Negro).
Interrogations:
Interview Interrogation
CASE PREPARATION
Friendly & Cooperative Hostile &
Confrontational
After doing everything we discussed above, the
Purpose is to gather Purpose is to obtain
investigator now shifts to case preparation, which
unknown facts and/or confession
is loosely defined as “the gathering of all records of
verify known facts
the case in an orderly, chronological and logical
Does not require Miranda warning is
manner, prior to the filing of the complaint”.
Miranda warning required if subject is the
accused. If subject is a
These records consist of the following:
hostile witness
1. Affidavits of complainant and witnesses
(uncooperative), no
2. Affidavit of arresting officers (in case of
Miranda required.
entrapment or warrantless arrests)
Applies to cooperative Applies to suspects and 3. Initial or spot report
witnesses hostile witnesses 4. Progress reports
5. Crime laboratory examination results
6. Closing or Final report which contains the
INVESTIGATION OF CERTAIN TYPES OF recommendations of the LEAD investigator
CRIMES (SPECIAL CRIME INVESTIGATION) 7. Indorsment by the Chief
Investigating crimes is a joint responsibility of Police Reports
every police officers, whether assigned on desk,
patrol or investigation. Ordinarily, the combined Police reports are the official record of the actions
efforts of these officers are sufficient to solve taken by various police personnel in relation to an
“COMMON” crimes such as theft, physical injuries event, incidence or crime.
or malicious mischief.
Kinds:
However, there are crimes categorized as
“SPECIAL” because an ordinary police investigator 1. Initial or Spot report – made immediately after
without special training and additional an incident. Usually, within 24 hours. Usually
qualification cannot solve on his own because the made by patrol officers or first responders. In some
complex nature of the crime require the cases, entries in the police BLOTTER made by desk
intervention of a highly specialized and expert officers also constitute a spot report;
investigators. 2. Progress reports – contains a brief of actions
taken after the initial investigation. Usually,
As understood in INTERNATIONAL context, the criminal cases involves several progress reports
following are areas of Special Crime Investigation: which the lead investigator collates alongside the
1. Cold case investigation initial report and other documents; and
2. Post-blast investigation 3. Final or Closing report – contains a summary of
3. Air-crash all the findings, reports, documents and affidavits
4. Maritime disasters and well as the recommendations of the lead
5. Disaster victim identification investigator. Unlike progress reports, there can
6. Transnational crimes: only be one final report.
- Terrorism
- Organized crime Characteristics of a good report:
- Human Trafficking
- Money laundering The quality of your work as an investigator is
- Cyber-crime judged by the quality of your report. Ideally, a
7. Environmental crimes police report must be like a bikini – brief enough to
make it interesting, yet broad enough to cover the
In the Philippine setting, the following are most interesting parts. Thus, the following
considered by the PNP as Special Crime characteristics are desirable in a report:
Investigation:
1. Homicide Keyword: FACTUAL
2. Robbery
3. Rape
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1. Factual & Objective – the report must be based 2. robbery
on facts and must be free of conjectures, 3. rape and sexual offenses
speculations or opinions; 4. kidnapping
2. Accurate – the information contained in the 5. carnapping
report must be precise; 6. bomb threats and explosions
3. Concise & Complete – Concise means the report 7. illegal recruitment
must be as short as possible, direct to the point 8. terrorist activities
and not circuitous. Complete means the report
must contain all the essential elements of Responsibilities of Special Crime Investigators
information (5W’s & 1H); 1. Determine if the crime has been committed
4. Timely – the report must be submitted on time, 2. Verify jurisdiction
otherwise, it becomes stale and useless; 3. Discover all facts and collect physical evidence
5. Unadulterated – the report must not be 4. Recover stolen property
embellished. Statements made by the witnesses 5. Identify perpetrator
must be recorded in “full” without adding or 6. Locate and apprehend the perpetrator
subtracting from what the witness said, even if the 7. Aid in the prosecution of the perpetrator
investigator believes that the statement made by 8. Testify effectively in court
the witness is wrong. Your job is to record it, not to
edit it; Phases of Special Crime Investigation
6. Analytical – the report must develop one unified 1. Preliminary Investigation – the first exposure,
theme culled from all the different sources of this serves as the foundation for the case.
information; 2. In-depth Investigation – re-examination of facts,
7. Legible – the report must be made in such a leads and all other types of information
manner that others can read and understand its 3. Concluding Investigation - concluding the final
content, especially in case of handwritten reports. stages, is the direct outgrowth of the previous two
This is important, as handling officers may be stage.
assigned in different jurisdiction, retires, or may
become unavailable, so that other officers who
Elements of Special Crime & Investigation
assume the investigation must be able to continue
1. Initial Investigation – a traditional investigation
the work of the previous investigator.
effort and managing a special crime investigation.
2. Case Screening – unsolvable, or to recommend
further investigation.
3. Continuing Investigation – arrangements, an
investigator “caught” cases by chance.
4. Police – adversarial relationship with the
REFERENCES: prosecutor's office.
5. Investigative Monitoring System – continuing
1. Criminal Investigation, By: Swanson, investigation and, whether or not, the interval
Chamelin & Territo, McGraw Hill between assignment and case closure has
Publishing Co. 2004 changed.
2. Criminal Investigation, By: Hess & Homicide Investigation
Orthman, Anvil Publishing House, 2011
Homicide – is the unlawful killing of another
3. Criminal Investigation, By: Dempsey, Anvil person.
Publishing House, 2007
Corpus Delicti – the collection of basic facts
establishing that a crime has been committed.
Elements of the crime of homicide:
1. That the person was killed.
2. That the accused killed him without any
SPECIAL CRIME INVESTIGATION IN justifying circumstances.
THE PHILIPPINE SETTING 3. That the accused had the intent to kill.
4. That the killing was not attended by any
qualifying circumstances of murder, or by that of
By: Prof. Elmira O. Negro, RCrim., MSCrim.
parricide or infanticide.
SPECIAL CRIME INVESTIGATION
Categories of Modes of Death:
Is the investigation of cases that are unique and
1. Accidental Death – ex. Drowning, falling, motor
often require special training to fully understand
vehicle wrecks, accidental drug overdose
their broad significance.
2. Natural Death – death from natural causes
includes heart attack, stroke, disease and old age.
Examples of Crimes/ Cases that calls for Special
3. Suicide – ex. Stabbing shooting, drug overdose
Crime Investigation
and carbon monoxide poisoning.
1. homicide
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4. Homicide – the mode of death is homicide if one
person has intentionally caused another person to People as source of Information
die. • Neighborhood Canvassing
Ex. Gunshot wounds from firearms, stabbing, • Utilization of Informants
chopping and puncture wounds, blunt force • Questioning of Suspect
injuries, poisoning and death by asphyxia
Cover-up attempts of homicide
Motives of the Crime Homicide:
1. Accidental Means
1. Financial Gain – killers were prompted by a) Vehicle
expectation of financial gain include the beneficiary b) Fire
of a will or insurance policy of a spouse or relative. c) Firearms
2. Sexual Gratification – sex as a motive of d) Poison
homicide is lust 2. Explainable Means
3. Sex-Connected Homicide – Ex. The killing of a) Simulated Felony to Account for Death
homosexuals and of young boys and girls by older b) Self-defense
men appears to be of sexual origin. 3. Diversionary Means
4. Emotional Factor – strong emotions such as a) First Person to Report the Crime
anger, jealousy, revenge, envy and hatred can b) Contrived Alibi
provoke a person to commit homicide or c) Ruse
premeditated murder. 4. Partial Cover-up
5. Self Protection
a. Interrupted Crimes Dying Declaration – Known as ante-mortem
b. Eliminating Eyewitnesses statement is hearsay evidence.
c. Slaying a potential informants
6. Removal of Inconvenience and Impediment – Dying Declaration can be admissible if it fulfill
Example of an obstacle to be removed: a these conditions:
blackmailer, an unwanted child, a feeble parent
blocking the takeover of a family business 1. The victim must believe he / she is about to die.
7. Motiveless Crime – distinct kinds of homicide 2. The victim must have no hope of recovery.
that appears motiveless or senseless 3. The victims declaration must identify the person
a. stranger killing stranger responsible for his/her condition and state the
b. mistaken identity circumstances and manner by which the mortal
injuries were inflicted.
Determining Motive (Profiling) 4. The victim must be rational and competent
5. The victim must die from the injuries recuined.
1. Crime Scene – an experienced homicide
investigator may be able to form a “crime picture” The last two conditions are met through the
of the offender, based on his familiarity with testimony of the investigator / forensic pathologist.
similar crimes.
2. People – the most productive source for 1. What is your name?
determining motive is people: family, friends, 2. Where do you live?
business associates and others who had more than 3. Do you now believe that you are about to die?
a passing acquaintance with the deceased. 4. Do you have any hope of recovery?
3. Records – this also help in suggesting motive. 5. Are you willing to make a true statement as to
Financial gain may be indicated if a large how and why you were injured?
insurance policy was issued
Dying Declaration can be admissible if it fulfill
Crime Scene as Focus of the Investigation these conditions:
• Is this an unlawful homicide? 1. The victim must believe he or she is about to
• Who is the deceased? die.
• What was the motive? 2. The victims declaration must identify the person
Psychological Profiling – an informed effort to responsible for his/ her condition and state the
estimate what kind of a person could have circumstances and manner by which the mortal
committed the crime. injuries were inflicted.
• Is there physical evidence present? 3. The victim must be rational and competent.
• What happened and how was the crime 4. The victim must die from the injuries received.
committed? The last two conditions are met through the
testimony
Victims Body as Focus of the Investigation
• Identify the victim Robbery Investigation
• Cause and manner of death
• Reconstructing the crime Robbery – is taking of personal property belonging
• Time of the occurrence of death to another, with the intent to gain, by means of
• What occurred and how did it occur violence against or intimidation of any person,

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using force upon things. • Physical evidence may be available where a
weapon was recovered
Classification of Robbery: (as provided by Articles • fingerprints or trace evidence can be left on the
294, 297, 298, 299 and 302 of the Revised Penal articles recovered
Code)
1. Robbery with violence against or intimidation of Rape and Sex Crimes Investigation
persons.
2. Robbery by the use of force upon things. Rape is committed through any of the following
circumstances:
Elements of Robbery:
1. That there must be personal property. 1. Through the use of force, threat or intimidation.
2. That personal property belonging to another. 2. When the offended party is deprived of reason or
3. That the taking must be with intent to gain. otherwise unconscious
4. That there is violence against or intimidation of 3. By means of fraudulent machination or grave
any person or force upon anything. abuse of authority.

Typologies of Robber Rape is also committed by any person who, under


1. Professional Robber – characterized as having a any of the circumstances mentioned in the
long-term commitment to crime as a source of preceding paragraph shall commit an act of sexual
livelihood. assault by inserting his penis into another person's
2. Opportunist – a robber that will steal to obtain mouth or anal orifice, or any instrument or object,
small amounts of money when he or she identifies into the genital or anal orifice of another person.
what seems to be a vulnerable target.
3. Drug Addict Robber – robs to support his or her R.A. 8353 – The Anti – Rape Law of 1997 – the
drug habit. crime of rape can now be committed by a male or
4. Alcoholic Robber – excessive consumption of female.
alcohol may cause some persons to enter into
robbery as a criminal alternative. Offender Personality Types:
1. Power-Reassurance Rapist – a rapist who
Categories of Robbery psychologically doubts his masculinity and seeks
1. Armed Robbery – involves the use of weapons to dispel this doubt by exercising power and
2. Strong-Arm Robbery – involves the use of control over women.
physical force 2. Power-Assertive Rapist – a rapists who asserts
his masculinity and dominance over victims.
Types of Robbery 3. Anger-Retaliatory Rapist – rapist who uses
• Street Robbery – offenses occurring on public extreme anger to retaliate or take revenge,
streets and thoroughfares or other outdoor psychologically, for real or imagined past wrongs
localities that are not obstructed from public view. associated with women.
• Residential Robbery – a robbery that takes place 4. Sadistic Rapist – rapist which displays the
whenever an offender, forcefully or by deceit, greatest amount of hostility towards his victim by
enters the domicile of a victim while the victim is purposely inflicting pain beyond that is necessary
present, for to subdue the victim.
the purpose of taking that person's possession and 5. Opportunistic Rapist – an opportunistic rapist,
valuables. is generally one who, in association with the
• Vehicle – related robbery – The operator of some commission of an initial offense, commits rape as a
commercial type of vehicle is victimized. secondary offense.
• Commercial Robbery – robberies perpetrated
against any type of profit-oriented operation. Investigative Procedure

Conducting the Investigation • Interview the victim if medical attention is not


necessary. Interviewers must be composed mostly
Some specific types of physical evidences should of women.
be considered at the scene of the robbery: • Interview should be handled with maximum tact
and professionalism
• footprints may be present • Medical Procedure of Victim
• fingerprints may be left in the proximate Rape Trauma Syndrome – victims may be
locations outwardly hysterical or appear quite calm and
• saliva may be present on a discarded facial mask unaffected of the offense.
• if there was use of force or scuffle, body • Crime Scene Processing
secretions, fiber evidence or other trace materials • Search of Rape Suspect
may be present on the victim's clothing • Records and other sources of info
• when the suspect is apprehended or has been • Profiling Offenders
identified, trace materials may be present on the
suspect's clothing that will link him or her to the Physical Evidence in Rape Cases:
victim or the scene. • Can be located in the crime scene.

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• On the victim 3. License plate do not appear to be proper for the
• On the suspect or at locations occupied by the motor vehicle
suspects. 4. Motor vehicle with their lights off at night or
showing only parking lights or erratic driving.
Carnapping Investigation
KIDNAP-FOR-RANSOM INVESTIGATION
Carnapping – is the taking, with intent to gain, of a
motor vehicle belonging to another, without the Is a criminal act more particularly described as the
latter's consent or by means of violence against or unlawful taking and carrying away of a person by
intimidation of persons or by using force upon force or fraud against his will or, in any manner
things. depriving him or her of his or her liberty for the
purpose of extorting ransom as payments for his
Elements of Carnapping: release.
1. Unlawful taking
2. Intent to gain Article 267 of the Revised Penal Code provides that
3. Motor vehicle belong to another any private individual who shall kidnap or detain
4. Lack of owners consent another, or in any manner, deprive him or her of
5. Use of violence against of intimidation his or her liberty, shall suffer the penalty of
reclusion perpetua to death:
Motives of Carnapping
• Joy Riding 1. If the kidnapping or detention shall have lasted
• Theft for Resale more than three days.
• Transportation for other crime 2. If it shall have been committed simulating public
• Stripping and Chop2 Operation authority.
3. If any serious physical injuries shall have been
Preliminary Investigation: inflicted upon the person kidnapped or detained,
or if threats to kill him shall have been made.
1. Where was the vehicle last seen? 4. If the person kidnapped or detained shall be a
2. Who was the last person to use it? minor, except when the accused is any of the
3. Were the keys left in the ignition? parents, female or a public officer.
4. Was the vehicle left unlocked?
5. Is the victim in arrears in payment? When the victim is killed or dies as a consequence
6. Are others allowed to drive the vehicle? of the detention, is raped or is subjected to torture
or dehumanizing acts, the maximum penalty shall
RECOGNIZING A SUSPECTED CARNAPPED be imposed.
MOTOR VEHICLE:
1. Missing Locks ELEMENTS OF KIDNAP-FOR-RANSOM:
2. Vehicles Parked Away from the Main Flow of
Traffic 1. That the offender is a private individual.
3. Accumulation of Dirt or Old Parking Tickets 2. That he kidnaps or detains another or, in any
4. Lacking Plates or Lack of License Plates other manner, deprive the latter of his liberty.
5. Missing License Plate Numbers or Parts 3. That the act of detention or kidnapping must be
illegal.
POSSIBLE SIGNS OF MOTOR VEHICLE FRAUD
1. When the seller offers to register the motor ESSENTIAL ELEMENTS IN DEALING WITH
vehicle in behalf of the buyer. KIDNAP-FOR-RANSOM SITUATION:
2. When the price is inconceivably below the 1. Follow the Cardinal Rule- never deal with
prevailing market price. kidnappers alone
3. If the seller cannot present original copies of 2. Negotiate Effectively
supporting documents (CR,OR or Deed of Sale), 3. Cooperate with Police Authorities
regarding his ownership of the motor vehicle. 4. Use of Code Words
4. Obviously falsified supporting documents. a. identification code
5. If the sale is made through a third party rather b. negative code
than the actual owner appearing in the Certificate c. kidnapping identification code
of Registration and Official Receipt. 5. Observe life-saving measures

Patrol Officers should be observant on the INVESTIGATION OF KIDNAPPING-FOR-RANSOM


following indicators of a possible carnapped motor
vehicle: • Precautions – avoid any indications that police
authorities have been informed of the kidnapping.
1. Vehicles that conform to the profiles of most • When demand for ransom is made by telephone –
commonly carnapped vehicles. Ex: Mazda, Toyota steps should be made to legally record all
and Nissan are frequently carnapped. telephone conversations
2. Vehicle damage such as damage windows and • when demand for ransom is in writing – call for
steering columns. careful handling of the written communications for

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possible lifting of latent fingerprints. • Initiation
• When contact is made with the kidnappers • Evacuation
-instruct the relatives of the victims to request the • Search
kidnappers to show proof that the victim is still • Damage Control
alive. The victim's relatives may also ask to reduce • Detonation
the amount of the ransom.
• Agreement: Amount, Place, Manner of Delivery – EXTERNAL APPEARANCE OF BOMBS
denominations and serial numbers of the bills 1. Pipe Bomb
must be recorded. 2. Briefcases or Boxes
-the designated place for the delivery of the ransom 3. Postal Service Mail
should be placed under surveillance to be able to 4. Motor Vehicle
tail the suspect and to identify the kidnappers 5. Existing Objects
• If the victim has been returned – conduct
investigation to identify and apprehend the ILLEGAL RECRUITMENT INVESTIGATION
suspect/s
• The kidnap victim's conduct Illegal Recruiters – are persons without license or
1.it is generally best to do what the kidnappers say who are not registered employees of licensed
2.stay calm agencies, claim to be recruiting under the “direct
3.try to establish dialogue with kidnappers hire” system.
4.observe and feel about your surroundings
5.leave your fingerprints around the room where Illegal Recruitment – shall mean any act of
you are held canvassing, enlisting, contracting, transporting,
6.carefully listen to conversations between utilizing, hiring and procuring workers, and
kidnappers includes referring, contract services and promising
7.if the police assault the building in which you are or advertising for employment abroad, whether for
held, drop to the floor and use any cover you can profit or not, when undertaken by a non-license or
find non-holder of authority contemplated under Article
8.never tell the kidnappers that you can identify 13(f) of Presidential Decree No. 442,as amended,
them later otherwise known as the Labor Code of the
Philippines.
BOMB THREAT AND EXPLOSION INVESTIGATION
FORMS OF ILLEGAL RECRUITMENT
When bomb threat is called in, the following steps 1.Escort Services – tourist/workers “escorted” at
should be implemented: the country's airport and seaports.
2.By correspondence – applicants are
1. Keep the caller on the line as long as possible. encouraged,by recruiter,to comply with
2. Ask him or her to repeat the message and record employment requirements and placement through
every word spoken by the person. mail.
3. Ask the caller about the location of the bomb 3.Blind ads – fraudulent and misleading
and the time of detonation of the device. advertisements promising facility of employment.
4. Inform the caller that the building is occupied 4.Au pair – an intercultural program wherein a
and the detonation of a bomb could kill or injure host family sponsors a person to study language
innocent people. and culture for a monthly allowance in exchange
5. Pay particular attention to the background noise for a home to stay.
such as motor running, music playing or any other 5.Backdoor exit - going out of the country through
noise. some airports and seaports in the southern part of
6. Listen closely to the voice (male or female), voice the Philippines.
quality (calm or excited), accent and speech 6.Camouflaged participation in foreign seminars
impediments. and sports events - workers leave as participants
7. Interview the person who received the call for in seminars or sports events but eventually find
the preceding information. jobs in the host country.
7.Trainees scheme - Hotel and Restaurant
RESPONDING TO A BOMB THREAT: Management (HRM) students leaving, in the guise
1. refrain from broadcasting while at the location. of a traineeship program, for hotels abroad but
Radio transmission might trigger the explosive eventually landing jobs in the training
device. establishment.
2. Anyone involved in the search must not touch
any suspected items. INVESTIGATIVE PROCEDURES
3. Maintain a safe distance from the explosive • take the sworn statements of complaint(s) and
device. the witnesses
4. Call the Explosive Ordinance Disposal team to • get any receipt issued to them
handle the explosive device. • check whether or not employment agency is
registered or not with the POEA
ELEMENTS OF BOMB INCIDENT PLANNING • check whether or not the employment agency is
• Control duly licensed by the POEA

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• record/check the employment agency, its officials imprisonment, if it involved economic sabotage.
and employees for any outstanding warrant of 10. Executive Order No. 247 – reorganized the
arrest Philippines Overseas Employment Agency (POEA)
• apply for search warrant with expanded functions to regulate private sector
• request media or official photographers to participation in recruitment and overseas
accompany the investigators serving the search placement, maintain registry of skills ans secure
warrant best terms of employment for Filipino contract
• take pictures of any signboard advertisement of workers.
the employment agency, its officials and employees 11. Executive Order No. 325 – created the
present during the raid. Presidential Anti-Illegal Recruitment Task Force
• Bring the seized articles or document to the (PAIRTF).
investigating office
• return the search warrant as soon as possible TERRORIST'S ACTIVITIES INVESTIGATION
• bring officials and employees of the employment
agency to the investigating officer for TERRORISM – is the use of force or fear of force to
documentation and identification achieve a political end
• prepare the letter transmittal to the prosecutor
having jurisdiction over the case Contemporary Forms of Terrorism
• bring the subject to the inquest prosecutor 1. Revolutionary Terrorist's – uses violence to
• if bail is fixed during the inquest, bring the frighten those in power and their supporters, in
subject to the detention cell for temporary order to replace the existing government with a
confinement regime that holds acceptable political or religious
views.
IMPORTANT LAWS RELATED TO ILLEGAL ex. hijacking, assassination, bombing and hostage
RECRUITMENT – A number of laws, presidential taking
decrees, memorandums and circulars, having 2. Political Terrorist's – may not want to replace the
relationship with illegal recruitment, have been existing government but they want to shape it so
enacted or issued: that it accepts its views.
3. Nationalist Terrorist's – promotes the interest of
1.Republic Act No. 8042(June 7,1995, “Migrant a minority ethnic or religious group.
Workers and Overseas Filipinos Act”) - an act to 4. Cause-Based Terrorist's – such as Bin Laden's
institute the policies of overseas employment and Al-Qaeda organization, directs their terrorist
establish a higher standard of protection and activities against individuals or governments to
promotion of the welfare of migrant workers, their whom they object.
families and overseas Filipinos in distress, and for 5. Environmental Terrorist's – Ex. Earth Liberation
other purposes. Front(ELF) conducts arson attacks on property,
2.Republic Act No. 2846 – the first law enacted by ranging from sport utility vehicles sales lots to
the Philippine Legislature,regulating recruitment of shopping malls and residential homes.
Filipinos abroad. 6. State-Sponsored Terrorist's – this exist when a
3.Presidential Decree No. 1920 (“ Strengthening repressive government regime forces its citizen into
the Campaign against Illegal Recruitment”) obedience, oppresses minorities.
4.Executive Order No. 1022(“Strengthening the 7. Criminal Terrorist's - a terrorist group who
Administrative and Operational Capabilities of the becomes involved in common law crimes such as
Overseas Employment Program”) drug trafficking, even selling of nuclear materials.
5.Presidential Decree No. 442 (“Labor Code of the
Philippines”) - a social legistation intended to Common Tactics of Terrorist's
promote public welfare which covers labor • Bombing
relations, welfare and labor standards. • Hoaxes
6.Rules and Regulations Governing Overseas • Arson
Employment (Books II, Rule X) • Hijacking
7.Labor Relations Laws – intended to stabilize the • Ambush
relationship between employees and their • Kidnapping
employers,adjust differences between them • Hostage Taking
through collective bargaining, and settle disputes • Assassination
through conciliation, mediation and arbitration.
8.Labor Standard Laws - provides for the
compensation of and other legal benefits to which SELF EVALUATION I:
the worker,while at work, is entitled. 9.Presidential
Decree No. 2018 (“Making Illegal Recruitment a
Q. A fictional character created by Sir Arthur
Crime of Economic Sabotage”) - it redefined illegal
Conan Doyle that employed scientific means of
recruitment by amending Articles 38 and 29 of the
criminal investigation even before the worlds’ first
Labor Code by declaring it a crime involving
scientific crime laboratory was established.
economic sabotage when it is committed in a large
a) Eugene Francois Vidocq
scale. It also provides stiffer penalties by making
b) Sgt. Popay
illegal recruitment punishable by life
c) Insp. Alvarez
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d) Sherlock Holmes Q. To follow step-by-step by patient inquiry or
e) None of the above observation; to search into, examine and inquire
with care and accuracy.
Q. A former convicted thief who became a a) Criminal Investigation
prominent official of Brigata de la Surete, a French b) Inquest
detective agency. c) Investigation
a) Eugene Francois Vidoque d) Locus Criminis
b) Sgt. Popay e) Crime Scene Search
c) Insp. Alvarez
d) Sherlock Holmes Q. The process of discovering, collecting, preparing,
e) None of the above identifying and presenting evidence to prove the
truth of a detected violation of penal law.
Q. A detective of the London Metropolitan Police a) Criminal Investigation
who was dismissed following his successful b) Inquest
infiltration of anarchists because he instigated use c) Investigation
of violence by the group. d) Locus Criminis
a) Eugene Francois Vidoque e) Crime Scene Search
b) Sgt. Popay
c) Insp. Alvarez Q. Refers to the detailed attempt to re-live, re-enact
d) Sherlock Holmes or re-visit what really happened over a particular
e) None of the above setting. This involves the “putting together” of all
pieces of the puzzle so that a more complete
Q. Austrian magistrate recognized as the father of picture of an event is clearly seen as well as the
Criminalistics. He authored the first treatise on circumstances surrounding its commission.
Scientific Criminal Investigation. a) Crime scene reconstruction
a) Dr. Mathieu Orfilla b) Crime scene investigation
b) Dr. Rafael Genard Y Mas c) Crime scene analysis
c) Dr. Henry Faulds d) Crime scene search
d) Dr. Hanz Gross e) Crime scene interpretation
e) Dr. Cesare Lombroso
Q. One of the following is not a goal of criminal
Q. The world’s first crime laboratory was investigation.
established by Edmond Locard in: a) To appease the public
a) London, England b) To recover stolen property
b) Los Angeles, California c) To arrest the suspect
c) Buenos Aires, Argentina d) To obtain evidence legally
d) Lyons, France e) To determine if a crime has been committed
e) Manila, Philippines
Q. Effective investigators are emotionally well
Q. The first complete crime laboratory was balanced, detached, inquisitive, suspecting,
established in the United States by: discerning, humble, self-disciplined and
a) Orlando W Wilson perseverant.
b) John Edgar Hoover a) Intellectual characteristics
c) Paul Lleland Kirk b) Psychological characteristics
d) Alan Pinkerton c) Physical characteristics
e) August Vollmer d) All of the above
e) None of the above
Q. _____________ means the observed violation of a
law, which triggers the operation of the criminal Q. Ability to retain information, apply technical
justice system. knowledge, logical, open-minded and objective.
a) Investigation a) Intellectual characteristics
b) Detection b) Psychological characteristics
c) Observation c) Physical characteristics
d) Commission d) All of the above
e) Omission e) None of the above

Q. Investigation came from this Latin word which Q. An ideal investigator must have the ability to
means “to track or trace”. endure the rigors of investigative works such as
a) Viagra working for long hours, exposure to elements,
b) Vestigare inadequate rest, conducting search on difficult
c) Stigmata environments, etc.
d) Turbare a) Intellectual characteristics
e) Interregnum b) Psychological characteristics
c) Physical characteristics
d) All of the above

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e) None of the above e) locate important objects

Q. Knows how to manufacture evidence and Q. This type of search focuses on a focal point
forcefully extract information from any person. where most of the crucial evidence are
a) Intellectual characteristics concentrated and spreads outward on a circular
b) Psychological characteristics pattern.
c) Physical characteristics a) Strip
d) All of the above b) Double strip
e) None of the above c) Wheel or pie
d) Spiral
Q. The three tools available to the investigator. e) Grid or zone
a) Information, Instrumentation, Intelligence
b) Interview, Instrumentation, Intelligence Q. Search pattern most suitable for processing
c) Information, Instrumentation, Interrogation large areas with different terrains or multi-storey
d) Interview, Instrumentation, Interrogation buildings.
e) Information, Instrumentation, Interview a) Strip
b) Double strip
Q. Which of the following has little or no use to the c) Wheel or pie
investigator? d) Spiral
a) Camera e) Grid or zone
b) Notebook and Pen
c) Tape measure Q. This search is more thorough than a single strip
d) Surveillance but it takes longer to complete and some evidence
e) None of these found during the second pass may actually be left
behind during the first search.
Q. The focal point or place where evidence of a) Strip
criminal activities are concentrated. b) Double strip
a) Crime scene c) Wheel or pie
b) Office room d) Spiral
c) Household e) Grid or zone
d) Street corner
e) Church Q. In a traffic accident, where will you begin your
search? (Oct., 2011)
Q. The exact place where a crime principally took a) Faulty driver
place, regardless if it was continued elsewhere. b) Street
a) Inner perimeter c) Point of impact
b) Outer perimeter d) Disengagement
c) Primary crime scene e) Passenger
d) Secondary crime scene
e) Police Interns Office Q. In a fire investigation, which among the
following burn indicators will you focus your
Q. Place subsequent to the commission of the main search in? (Oct., 2011)
offense where the effects, proceeds of the crime or a) Origin of fire
corpus dilicti was continued, transferred or b) Alligatoring
disposed of. c) Witnesses
a) Inner perimeter d) Spalling
b) Outer perimeter e) Fire direction
c) Primary crime scene
d) Secondary crime scene Q. Which among the following crime scenes require
e) Police Interns Office a search warrant?
a) Hot scene
Q. Identify which among the following qualifies as b) Warm scene
the most urgent task of the first responders. c) Cold scene
a) neutralize any threat d) All of these
b) cordon the scene e) None of these
c) render aid to the injured
d) identify witnesses Q. The requirements for issuance of a valid Search
e) locate important objects warrant does not include:
a) Probable cause
Q. After all threats have been dealt with, the most b) Personally examined by the fiscal in the form of
important task is: searching questions & answers
a) neutralize any threat c) Based on personal knowledge of complainant or
b) cordon the scene any witnesses
c) render aid to the injured d) In connection with one particular offense
d) identify witnesses

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e) Particularly describing the place to be searched c) Cold case investigation
or the persons or things to be seized d) Investigation in aid of legislation
e) Kangaroo court investigation
Q. A search warrant issued by Judge Paredes to
CIDG on February 10, 2011 is valid up to? Q. Investigative technique of employing covert ways
a) February 20, 2011 and means in order to catch a criminal in the act.
b) February 21, 2011 a) White-wash
c) February 22, 2011 b) Frame up
d) February 23, 2011 c) Entrapment
e) Valid until revoked d) Instigation
e) All of these
Q. Part of field notes that graphically record the
scene and the important evidence within it by Q. Unethical investigative practice wherein a crime
describing each objects or documents, indicating committed by another is made to appear to have
the relative position of one object from another, been committed by an innocent person.
including their distances and measurements. a) White-wash
a) Rough sketch b) Frame-up
b) Final sketch c) Entrapment
c) Photographs d) Instigation
d) Videos e) All of these
e) Audios
Q. Unprofessional investigative practice wherein a
Q. Outdoor crime scenes with at least two crime actually committed is concealed, white-
landmark points of coordinates can be better washed or hidden by officially denying that a
drawn by measuring the distance of objects from violation of the law was committed.
the landmark and its angles. a) Cover-up
a) Straight baseline method b) Frame-up
b) Diagonal baseline method c) Entrapment
c) Triangulation method d) Instigation
d) Cross-projection method e) All of these
e) Any of the above
Q. Any object, thing, document, information or
Q. Objects imbedded on walls and ceilings are best clue that points to the identity of the perpetrator:
illustrated and measured using: a) Lead
a) Straight baseline method b) Tip
b) Diagonal baseline method c) Intuition
c) Triangulation method d) Personal identification
d) Cross-projection method e) Sketch
e) Any of the above
Q. The uncanny ability of a seasoned investigator
Q. Presents the general view of a place where a to identify leads, recognize evidence and locate
crime took place, indicating its location by witnesses. This can only be developed through
including dominant features of the surroundings experience and is usually cited as the reason why
such as tall buildings, monuments, bridges or investigation is also an art.
parks. a) Lead
a) Long-range photograph b) Tip
b) Mid-range photograph c) Intuition
c) Close-range photograph d) Personal identification
d) Macrophotography e) Sketch
e) Microphotography
Q. Man is essentially a creature of habit. This
Q. The taking of photographs up-close, usually means that a successful criminal will commit
with a ruler or measuring device, to indicate exact future crimes in a more or less identical manner.
size. a) Modus operandi
a) Long-range photograph b) Associative evidence
b) Mid-range photograph c) Trace evidence
c) Close-range photograph d) Trophy
d) Macrophotography e) Souvenir
e) Microphotography
Q. When several sexual assaults are committed on
Q. Investigation that is carried out long after the different occasions at different places by an
crime was committed but before the expiration of unknown person exhibiting a single modus
the statutory period for extinction. operandi.
a) Hot case investigation a) Serial rapist
b) Warm case investigation b) Mass rapist

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c) Genocide bite-marks, defensive wounds, fruits of the crime,
d) Continuing crime etc.
e) Assassin a) Modus operandi
b) Associative evidence
Q. When more than four persons are feloniously c) Tracing evidence
and intentionally killed on a single place and time. d) Trophy
a) Serial killing e) Souvenir
b) Mass murder
c) Genocide Q. Evidence such as plane tickets, hotel check-in
d) Multiple offense details, restaurant bills, phone call records, ATM
e) Assassin withdrawal slips, etc. that leaves a clue to the
movement and location of a known suspect.
Q. The deliberate, systematic and sustained a) Modus operandi
elimination, obliteration or destruction of an entire b) Associative evidence
tribe, religious or ethnic group, with a view of c) Tracing evidence
permanently removing them from the face of the d) Trophy
Earth. e) Souvenir
a) Serial killing
b) Mass murder Q. Part of the victim that is kept by the offender as
c) Genocide a memento such as pubic hairs, ears, fingers, etc.
d) Continuing offense a) Modus operandi
e) Assassin b) Associative evidence
c) Trace evidence
Q. ___________ is a professional paid to liquidate a d) Trophy
specific target. This term has its roots on the word e) Souvenir
“hashish” which is given as a reward to hired
killers in the Middle East during the medieval Q. A thing, object or anything that is taken from
periods. the scene by the criminal as a remembrance, such
a) Serial killing as photographs, keys, stickers, bras, panties, etc.
b) Mass murder a) Modus operandi
c) Multiple crime b) Associative evidence
d) Continuing offense c) Trace evidence
e) Assasin d) Trophy
e) Souvenir
Q. When two objects come into contact with one
another, they will leave traces of each other. There Q. Simply means continuity of possession. It
is a cross-transference or mutual-exchange of implies that the evidence presented in court are
information resulting to “trace” and “associative” the same evidence taken from the crime scene and
evidence. any changes that may occur from the time the
a) Bogart’s principle of criminalistics evidence is recovered up to the time it is presented
b) Locard’s exchange principle can be sufficiently explained.
c) Goddard’s ballistic principle a) chain of command
d) Salazar’s fingering principle b) chain of custody
e) Gross’ principle of forensics c) evidence tracking
d) tracing evidence
Q. Evidence found on the crime scene that places e) preservation of evidence
the suspect in the scene such as fingerprints, hairs
or fibers. Q. _____________ also refers to the number of
a) Modus operandi persons who handled the evidence between the
b) Associative evidence discovery of the offense up to the disposition of the
c) Tracing evidence case in court.
d) Trophy a) chain of command
e) Souvenir b) chain of custody
c) evidence tracking
Q. Articles or matters found at the scene which aid d) tracing evidence
in the establishment of the identity of the e) preservation of evidence
perpetrator.
a) Modus operandi Q. A moving force which impels a person to act:
b) Associative evidence a) Modus operandi
c) Tracing evidence b) Motive
d) Trophy c) Intent
e) Souvenir d) Desire
e) Opportunity
Q. Evidence found on the person of the suspect
that places him at the scene of the crime such as

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Q. _________________ is the casual, cooperative and d) To exclude the guilty
friendly inquiry involving a person who may have e) None of these
information regarding the commission of a specific
crime under investigation. Q. One of the following is not a scientific approach
a) Interview to interrogation:
b) Interrogation a) Sympathetic approach
c) Torture b) Cognitive interview technique
d) Polygraph c) Logical approach
e) Confession d) Water boarding
e) Reflective interview technique
Q. A person who furnishes information based on
personal knowledge during interview is a source of Q. In this form of tactical interrogation, two police
what type of evidence? investigators form a tandem; one of them is
a) Object evidence friendly towards the suspect while the other is
b) Documentary evidence hostile.
c) Testimonial evidence a) Mutt and Jeff
d) Hearsay evidence b) Hot and Cold
e) Confession c) Good-cop, Bad-cop
d) All of these
Q. If you are a police investigator, which among the e) None of these
following individuals should you consider best for
interview? Q. The right of a person suspected to have
a) One who was present at the crime scene, but committed an offense to be informed of his right to
inattentive remain silent and be assisted by counsel preferably
b) One who was present and attentive at the crime of his own choice.
scene a) Right to bail
c) One who was present at the crime scene, but b) Right to presumption of innocence
had been intoxicated. c) Miranda right
d) One who was attentive to what was happening d) Right to confront witnesses
e) One who is willing to be manipulated by the e) Freedom from unreasonable search or seizure
police
Q. The warnings in Miranda v. Arizona does not
Q. According to Swanson, Chamelin & Territo, the include the suspects’ right to:
greatest problem with mistaken identity is a) Confess to the crime voluntarily in the presence
____________. of counsel
a) Miscarriage of justice b) Be warned that anything he says or do may be
b) Wasted police time used against him in a court of law
c) Bad publicity c) Have a competent counsel de parte or ex officio
d) Ineffective policing d) Be informed of his right to remain silent
e) None of these e) None of the above

Q. This requires strict compliance of legal Q. An acknowledgment of fact, falling short of an


requirements. In this situation, the person subject acknowledgment of guilt, made by the suspect in
to questioning is either a suspect or a hostile the course of an investigation.
witness. a) Judicial confession
a) Interview b) Extrajudicial admission
b) Interrogation c) Judicial admission
c) Torture d) Extrajudicial confession
d) Polygraph e) Admission
e) Confession
Q. An acknowledgment of all the material facts of a
Q. Why is it important to distinguish between an particular crime, including the guilt, made by the
interview and an interrogation? suspect in the course of trial.
a) Numerous legal requirements apply in a) Judicial confession
interrogations but not in interviews b) Extrajudicial admission
b) There is no difference c) Judicial admission
c) Interviews are intended to elicit confessions d) Extrajudicial confession
d) Interrogations result in convictions e) Admission
e) I don’t care
Q. Field notes must be an exact and correct
Q. The purpose of Interrogation are the following, representation of facts obtained in the course of
except: the investigation.
a) To test information already obtained a) Complete
b) To secure a confession b) Accurate
c) To confront the suspect with the truth c) Timely

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d) Unadulterated
e) Legible Q. A pictorial collection of past offenders known to
the police & presented to an eye-witness for
Q. Note and record all available information, examination. They are usually indexed, catalogued
particularly the basic 5 W’s and 1 H of report and recorded according to sex, type of crimes,
writing. modus operandi and place of commission.
a) Completeness a) Police line-up
b) Accuracy b) Rouges gallery
c) Timeliness c) Order of battle report
d) Faithfulness d) Personal status report
e) Legibility e) Crime album

Q. As a general rule, a person may only be arrested Q. Mug shots are also known as:
with a warrant. Which among the following a) Police line-up
instances permits the arrest of a suspect even in b) Rouges gallery
the absence of judicial warrant? c) Order of battle report
a) Hot pursuit d) Personal status report
b) Inflagrante delicto e) Crime album
c) Fugitives from justice
d) All of these Q. The current practice of presenting a “Rogue’s
e) None of these Gallery” to the victim for identification purposes
has its origins in:
Q. The general investigative sequence in case a) Mulberry street morning parade
warrantless arrests are no longer proper is: b) Sketching
1. Proceed to the area where a reported offense c) Medieval firing squad
allegedly took place d) Portrait parle
2. Make a preliminary determination if a crime has e) Inquisition
been committed
3. Deal with any emergencies first Q. Police line-up can be traced back to:
4. Process the scene, take photographs, record all a) Mulberry street morning parade
activities b) Sketch
5. Release the scene c) Medieval firing squad
6. Identify & Interview witnesses d) Portrait parle
7. Interrogate suspects & uncooperative witnesses e) Inquisition
8. Submit the case folder containing your findings
to the prosecutor Q. A valid positive identification in a police line-up
9. Wait for the issuance of the warrant of arrest requires:
a) Steps 1, 2, 3, 4, 5, 6, 7, 8 & 9 is correct a) More than two suspects
b) Steps 2, 1, 4, 3, 6, 5, 7, 8 & 9 is correct b) Not suggestive as to guilt
c) Steps 1, 3, 2, 6, 7, 4, 5, 8 & 9 is correct c) Not suggestive as to identity
d) Any steps could be followed d) All of these
e) a & c only
Q. According to Bennet & Hess, the most
successful investigations are systematic, thorough Q. Doctrinal rule which states that evidence
and takes time. This helps ensure an airtight case illegally obtained in the course of the police
that does not result to waste of time, money and investigation cannot be admitted during trial.
effort. On the other hand, “instantaneous” a) Fruit of the poisonous tree
investigations are haphazard, unprofessional and b) Irrelevant evidence
results to wrongful prosecution of innocent c) Immaterial evidence
persons. d) Inadmissible evidence
a) Agree e) Hearsay evidence
b) Disagree
c) Partly agree Q. The worlds first conviction using DNA evidence
d) Partly disagree was obtained in England through:
e) None of these a) William West & Will West case
b) Colin Pitchfork case
Q. The process of documenting in a systematic and c) Terry v. Ohio case
logical manner all evidence collected during the d) Frank Daubert case
investigation and submit it before the public e) In Re: Gault case
prosecutor for evaluation.
a) case preparation Q. The case that proved that Dactyloscopy is a far
b) order maintenance superior tool for identification and individualization
c) crime prevention than Anthopometry:
d) public service a) William West & Will West case
e) journalism b) Colin Pitchfork case

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c) Terry v. Ohio case
d) Frank Daubert case
e) In Re: Gault case

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