Lesson Five: Interview and Interrogation

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LESSON FIVE: INTERVIEW AND INTERROGATION
INTERVIEW
An interview is the questioning of a person believed to possess knowledge that is in official interest to the investigator.
Importance of Interview. - Interview in crime investigation is very important considering that the person interviewed usually gives his account of an
incident under investigation or offers information concerning a person being investigated in his own manner and words.
Basic Assumptions: Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not want to. Therefore, people will
have to be persuaded, always within legal and ethical limits, to talk to law enforcers. This makes interviewing an art:
The Person Interviewed (Consider the following)
a) His ability to observe.
b) His ability to remember
c) His ability to narrate.
d) His mental weakness because of stupidity or infancy
e) His moral weakness because of drunkeness, drug addiction, his being a pathological liar or similar factors.
f) Emotional weakness resulted by family problems, hatred, revenue, and love.
INTERVIEWER'S PERSONAL TRAITS

a) He must be a practical psychologist who understands the human psyche and behavior.
b) He has a sincere interest in people.
c) He is clam, has self-discipline, and keeps his temper.
d) He is courteous, decent and sensitive.
e) He is self-assumed and professional. He is tactful, i.e. he knows what to say when and how to say it.
f) He is cordial and agreeable, and never officious. But he should avoid over-familiarity it.
g) He is forceful, persistent and patient. Some people just cannot be rushed.
h) He is analytical.
i) He is flexible and cautious.
j) He is a good actor and can conceal his own emotion.
k) He avoids third degree tactics and never deviates from the fundamental principle that a person must be treated according to humanitarian and legal
precepts.
l) he keeps the rules of evidence in mind.
STEPS IN CONDUCTING INTERVIEW

Planning the Interview.
In planning the interview, the interviewer should consider:
a) The facts of the case which have been established so far.
b) The information needed to complete the picture
c) The sources of information that may be consulted such as files and records.
d) The possibility of confronting the suspect with physical evidence .
e) The time available for the interview.
f) The time allowed by law.
Preparation of the Interview – Before interviewing a witness, the law enforcer should mentally review the case and consider what information the
witness can contribute. If the case requires it, he should acquaint himself with the background of the witness.
Time, Place and Surrounding Circumstance.
a) It is not always possible to fix the time and place of an interview, but since memory is short, it is basic that an interview with the witness and
suspect(s) should take place as soon as possible after the commission of the crime.
b) Interview of arrested person should be made as soon as possible after the arrest.
c) Conduct interviews whenever possible in your own turf, i.e. your office.
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d) Have an interview room where there will be privacy. It should be a plain room but not bleak. There should be few furniture, and no distracting
pictures, calendars or similar items.
e) Arrange it so that there will be no interruption during the interview.
f) Suspects should be interviewed separately and out of sight and earshot of each other.
g) If are two interviewers, let one man be the prime interviewer.
h) Arrange chairs so that window light falls on the interviewee and not on the interviewer.
i) The interviewer should adapt his speech to the style best understood by the subject. In dealing with tan uneducated subject, the interviewer should
use simple words and sentences.
j) Straight-back chairs should be used for both subject and interviewer. Other types of chairs induce slouching or leaning back, and such position are
not conductive to proper intek) The interviewer should remain seated and refrain from pacing about the room.
Opening the Interview.
a) The interviewer should identify himself and the agency to which he belongs.
b) He should try to size up the interviewee and reach to tentative conclusion about his type, then use the best interview approach.
c) He should keep in mind the provisions of law regarding rights of people under custodial investigation.
The Body of the Interview.
a) The interviewee should be allowed to tell his own story in his own words without interruption.
(i) This allows for continuity and clearness.
(ii) Range of interview is broadened.
(iii) It helps the interviewee recall and relate evens in their proper order.
b) Interviewer should keep to the point at issue and should not wander too far from it.
c) Interviewer should be alert for hearsay information so he can question the interviewee on the matter later.
d) Do not interrupt a trend of ideas by abruptly asking a question. Use the uninterrupted account of the witness interview
e) However, you may guide the interviewee innocuous questions such as, “And then what did you do?”
Questioning.
a) Dominate the interview. Be careful, do not allow the interviewee to be the one asking the questions.
b) Do not ramble. Have a reason for every question asked.
c) Follow the order of time and bring out the facts in that order. This technique is called “chronological questioning” and is considered the easiest as
people tend to think in terms of what happened first, the, second, then third. The interviewer should go step by step in learning all the details
concerning the planning and commission of the crime and what happened after it was committed.
d) Exhaust each topic before moving on to the next.
e) Determine the basis for each material statement. It might be a hearsay.
f) Keep your questions simple and understandable. Avoid double-edged or forked questions.
g) The dangers of leading and misleading questions should be borne in mind. A question which suggests to the witness the answer which the
interviewer desires is a leading question. Questions which assume material facts that have not been proven are misleading questions.
h) Wait for the answer to one question before asking a second one.
i) Ask important questions in the same tone of voice as the unimportant ones.
j) As a rule, avoid trick or bluffing questions.
k) Where it is necessary to inquire into the past history of the interviewee involving something unpleasant, it is wise to use introductory remarks
deploring the need for the question and saying that it is one of the unpleasant but necessary of an officer.
Closing
a) Before closing the interview, the law enforcer should make a mental check of the purpose of the interview and should analyze what he has learned,
then decide whether he has attained his objective. He should be guided in this respect by the 5 W’s and I H- what, where, when who, why and how.
b) The interviewer should always the door open for a re-interview. Don’t forget to say “THANK YOU” after the interview.
Note: Although the words “interview” and “interrogation” have similar meanings, there are those who prefer to use “interview” when questioning
witness and informants, and “interrogation” when questioning suspects.
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INTERROGATION
An interrogation is the questioning of a person suspected of having committed an offense or of a person who is reluctant to make a full disclosure of
information in his possession which is pertinent to the investigation.
PURPOSE OF INTERROGATION
a) To obtain information concerning the innocence or guilt of suspect.
b) To obtain a confession to the crime from a guilty suspect.
c) To induce the suspect to make admissions.
d) To know the surrounding circumstances of a crime.
e) To learn of the existence and location of physical evidence such as documents or weapons.
f) To learn the identity of accomplices
g) To develop information which will lead to the fruits of the crime.
h) To develop additional leads for the investigation
i) To discover the details of any other crime in which the suspect participated.
PRELIMINARY CONDUCT
The interrogator should identify himself a t the outset and state in general the purpose of the interrogation. He must advise the suspect of his rights
against self-incrimination and inform him that he does not have to answer questions and that, if he does answer, these answers can be used as
evidence against him. he must inform the suspect of his right to counsel and that a state appointed counsel will be made available without cost to him
if he so desires. No questioning of the suspect unless the latter has definitely waived his right to be silent. Ordinarily the investigator should be alone
with the suspect and, of course, the latter’s lawyer, if he has requested counsel.
THE INTERROGATION ROOM

The room should provide freedom from distractions. If should be designed simply to enhance the concentration of both the interrogation and the
subject on the matter under questioning.
INTERROGATION TECHNIQUES
The following are some of the techniques practiced by experienced investigators:
a) Emotional Appeals – Place the subject in the proper frame of mind. The investigator should provide emotional stimuli that will prompt the subject
to unburden himself by confiding. Analyze the subject’s personality and decide what motivation would prompt him to tell the truth, then provide
those motives through appropriate emotional appeals.
b) Sympathetic Approach – The suspect may fell the need for sympathy or friendship. He is apparently in trouble. Gestures of friendship may win his
cooperation.
c) Kindness – The simplest technique is to assume that the suspect will confess if he is treated in a kind and friendly manner.
d) Extenuation – The investigator indicates he does not consider his subject’s indiscretion a grave offense.
e) Shifting the Blame – The interrogator makes clear his belief that the subject is obviously not the sort of person who usually gets mixed up in a
crime like this. The interrogator could tell from the start that he was not dealing with a fellow who is a criminal by nature and choice. The trouble
with the suspect lies in his little weakness – he like liquor, perhaps, or he is excessively fond or girls or he has had a bad run of luck in gambling.
f) Mutt & leff – Two (2) agents are employed. Mutt, the relentless investigator, who is not going to waste any time because he knows the subject, is
guilty. Jeff, of the other hand, is obviously a king-hearted man.
THE MAIN PURPOSE OF INTERROGATION

The main purpose of interrogation is to obtain confession or admission from the suspect and to learn relevant information from uncooperative
witness.
When the accused confessed to the commission of a crime/ he/she accepts the facts constituting the offenses but if he/she interposes self-
defense or other exculpatory grounds, then the acknowledgement is not a confession but admission.
CONFESSION
There is a declaration of the person (accused)
The accused acknowledged guilt from the commission of a crime
Guilt is admitted.
ADMISSION
There is a statement of the person (accused)
The person only agreed on facts or circumstances of the crime
There is no acceptance of guilt
KINDS OF CONFESSION
EXTRA JUDICIAL CONFESSION
It is a confession that is made by the suspect during the custodial investigation or those confession that are made outside of the Court.
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Sec. 3, Rule 133, Rules of Court state that:
"Extra Judicial confession is not sufficient ground for conviction; An extra judicial confession made by an accused, shall not be sufficient
ground for conviction. unless corroborated by evidence of corpus delicti-body of the crime"
JUDICIAL CONFESSION
This confession is made by the accused in open court. The plea of guilt maybe made during arraignment or any stage of the proceedings where
the accused changes plea of not guilty to guilty. This is conclusive upon the court and may be considered to be a mitigating circumstances to a
criminal liability.
Sec. 2, RULE 129 RULES OF COURT
"Judicial admission is made by the party in the pleadings, or in the course of the trial or the other proceedings do not require proof and cannot
be contradicted unless previously shown to have been made through palpable mistake"
LESSON SIX: INFORMATION
INFORMATION
All evaluated materials of every description including those derived fro observation, reports, rumors, imagery, and other sources from which
intelligence in produced.
Information is a communicated knowledge by others obtaining by personal study, investigation, research, analysis, observation. The use of
modern gadgets in intelligence and other things and material that possess or contain a desire information or knowledge.
TWO GENERAL CLASSIFICATIONS OF SOURCES OF INFORMATION

Two General classifications of sources of information:
1. Open Sources – 99% of the info collected are coming from open sources.
2. Close Sources – 1% of info from close sources.
Overt Intelligence – is the gathering of information or documents procured openly without regard as to whether the subject or target become
knowledgeable of the purpose
Open Sources: Includes information taken from
ü Enemy activity – POW – Civilians - Captured documents
ü Map - Weather, forecast, studies, report - Agencies
Covert Intelligence – is the secret procurement of information, which is obtained without the knowledge of the person or persons safeguarding vital
intelligence interest.
Close Sources: are information usually taken through:
ü Surveillance
ü Casing
ü Elicitation
ü Surreptitious entry
ü Employment of technical means (Bugging and Tapping device)
ü Tactical Interrogation
ü Observation and Description
Other sources of Information: Overt and Covert
ü Routine patrol and Criminal investigation
ü Use of informants and Interrogations
ü Search and seizures and Cordon and scratch
ü Checkpoints and Police public relations activities
ü Coordination with law enforcement agencies
ü Inmates of various city jails, national penitentiary, military stockade.
ü Statistics
PERSONS AS SOURCES OF INFORMATION

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Persons as sources of Information
Informant Net – It is a controlled group of people who worked through the direction of the agent handler. The informants, principal or cutouts supply
the agent handler directly or indirectly with Intel information
Informants (Asset) – people selected as sources of information, which could be voluntary, or in consideration of a price.
ü Informant – refers to a person who gives information to the police voluntarily or involuntarily with out any consideration
ü Informer – those who give information to the police for price or reward
TYPES OF INFORMANT
Types of Informants
1. Criminal Informant – an informant who give information to the police pertaining to the underworld about organized criminals with the
understanding that his identity will be protected
2. Confidential Informant – is similar to the former but he gives information violate of the law to includes crimes and criminals
3. Voluntary Informant – a type of informant who give information freely and willfully as a witness to a certain act
4. Special Informant – those who gives information concerning specialized cases only and it is regarded a special treatment by the operatives (ex.
teachers, businessmen)
5. Anonymous Informant – those who gives information through telephone with the hope that the informant can not be identified
SUB-TYPE OF INFORMAT
Sub-type of Informant
1. Incidental Informant – a person who casually imparts information to an officer with no intention of providing subsequent information
Recruited Informant – A person who is selected cultivated and developed into a continuous source of info
CATEGORIES OF RECRUITED INFORMANT

1. Spontaneous or Automatic Informant – Informants who by the nature of their work or position in society have a certain legal, moral or ethical
responsibilities to report info to the police
2. Ordinary run of he Mill Informants – Informants that are under the compulsion to report info to the police
3. Special Employee – informants who are of a specific operational nature
OTHER CLASSIFICATION OF INFORMANT
Automatic
Penetration
- Full time
- Rival
– Elimination
- False Informant
- Frightened Informant
- Self- aggrandizing Informant - Mercenary Informant - Double Crosser Informant - Woman Informant - Legitimate Informant
LESSON SEVEN: POLICE INTELLIGENCE
LEARNING OBJECTIVES; At the end of the lesson the student will be able to
1. Define and explain the significance of Police Intelligence.
2. Discuss the nature of Intelligence
3. Enumerate and differentiate the types and kind of Police Intelligence Operations.
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INTRODUCTION
Police Intelligence operations are directed towards the gathering of information relative to vices, organized crime syndicates, sub
versions and insurgency, terrorist organization, transnational crimes, cybercrimes, and other types of crimes, including investigations
on the integrity of the members of the police organization or any person or organization which may tend to destroy the police
organization or any condition that may promote disturbance to the community.
A. NATURE OF INTELLIGENCE
The main core of Intelligence is based on what is called an EDUCATED GUESS, Intelligence is a product of a process which
starts from the collection of information , its evaluation, analysis, integration and interpretation in order to arrive at a theory or
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conclusion. Information therefore, only becomes INTELLIGENCE after it had undergone the above-cited process which is sometime
called the INTELLIGENCE CYCLE or the PRODUCTION CYCLE.
B. TYPES OF POLICE INTELLIGENCE OPERATIONS
There are three major types of Police Intelligence operations:
1. LINE INTELLIGENCE
Also known as INTELLIGENCE OF IMMEDIATE VALUE. It is needed daily for police planning and operation. It is processed
information which affects police operations and harmony with the community and other government agencies. It must be current,
concise, and factual, to avoid of daily guesswork in police planning and operation. It could take the form of daily intelligence brief, or
daily intelligence summary derived from the police blotter, police log book, or intelligence ledger.
2. STRATEGIC INTELLIGENCE
In police parlance, this is intelligence that is long range in nature and which is with little or immediate practical use for the moment.
It is directed towards criminal organizations or syndicates or organized crimes, drug traffickers, subversive or insurgent organizations,
terrorist organizations or other threats to national security or other groups whose activities are hidden from the eyes of the public or the
police.
3. COUNTER INTELLIGENCE
In police intelligence operations, counter intelligence is primarily concerned with the defending the police organization against
activities of criminal elements of groups which seeks to infiltrate or destroy the image of the organization. It is otherwise known as the
security aspect of intelligence, it consist of:
1. Physical Security - the protection of the organization against physical intrusion of its facilities, offices, building, plants
or installations.
2. Document or Information Security - deals with the handling, processing, and dissemination of classified documents
or information.
3. Personnel Security- concerned with the protection of the organization against infusion of bad elements into the
police organization. During the recruitment process, personnel security plays a major part in the screening of applicants to the
police service.
C. KINDS OF INTELLGENCE OPERATIONS
There are two kinds of intelligence operations
A. OVERT OPERATIONS
This type of operations is done with the knowledge of the subject. It means that there is no precautionary measures to hide the
investigation against the subject or the target organization.
B. COVERT OPERATIONS
This is done when the gathering of information or document is without the knowledge of the subject
The following are some of the different kinds of covert operations;
1. Surveillance- covert or secret observation of a person. Vehicle, place, building, house, installation, or activities wherein the identity
of the observer is protected against discovery by the subject of from the public’s eyes.
2. Casing- the observation upon a place, an area, a building, an installation, or stationary object in order to gather information on the
subject.
3. Undercover Operation - form of surveillance or investigative technique wherein the investigator discard his true identity and
assumed another one and makes direct contact with the person, place, or situation under investigative or joins the target organizations
4. Deep penetration - type of undercover operation in which techniques are applied continuously and not over a limited period of time.
It is exceedingly the most difficult, dangerous, time-consuming, and the most delicate of all investigative activity.
SELF ASSESSMENT ACTIVITY
1. Define the following terms/ terminologies
A. Police Intelligence
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B, Information
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C, Line Intelligence
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D, Strategic Intelligence
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E. Counter Intelligence
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2. What is the differences between Overt and Covert Operation?

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LESSON EIGHT: UNDERCOVER INVESTIGATION
1. Define and explain Undercover Investigation.
2. Enumerate the different factors needed to consider before conducting undercover investigation
3. Discuss the importance of Surveillance
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1. Preparation for undercover work should be sufficiently thorough:

a) To preclude compromise
b) To minimize danger to the undercover operative
c) To ensure the ultimate success of the investigation
2. Undercover investigation should not be attempted until other investigative techniques have failed or are deemed
impractical.
3. Factors to consider before undercover investigation is initiated:

a) The exact result desired
b) Jurisdiction
c) The importance of the investigation
d) Available planning information
e) Availability of qualified personnel
f) The equipment and preparation necessary
g) Danger to the investigator involved.
4. General and Specific Qualifications – Undercover work as a selective assignment requires that the investigator possess, in
addition to certain general qualifications, specific qualifications required in the type of investigation being conducted.
a) General qualifications:
(i) Well-trained and experienced
(ii) A calm, collected and resourceful individual with good judgment and wit
(iii) Complete self-confidence to feel absolutely certain that he can successfully play the part of the character he will assume.
(iv) Courage and ability to meet unforeseen situations with quick, sound decisions
(v) Will power to avoid drugs and excessive use of intoxicants.
(vi) Ability to avoid unwise entanglements with women involved in the case or associated with the subject.
b) Specific qualifications
(i) Ability to act out an assumed role
(ii) Good memory in an investigation in which no notes can be taken or report submitted.
(iii) Skill adaptable to the occupation assumed.
(iv) Physical appearance and capabilities consistent with his assumed qualifications.
(v) Well-grounded in the lingo and techniques of the subject criminal operations
(vi) In special situations, the undercover investigator should possess certain linguistic abilities, hobbies, sports, musical talent
and personal background for the particular and undercover assignment.
5. Authority for undercover operations must be from the top officer of the organization, for this requires coordination with other
agencies.
1. The fewest number of persons must know the undercover operation. Otherwise, the investigation or the operative himself
might be jeopardized.
2. The background or cover story regarding the assumed identity of the undercover operative must be such that he can easily win
the confidence of the suspect or organization sought to be infiltrated, and should seldom be wholly fictitious.
3. Badge and credentials must never be carried.
4. A weapon should only be carried if it is consistent with the background story.
5. Provide safe communication systems between the undercover agent and headquarters relaying information or instructions.
6. Arrangements for drops and safe houses must be made and, if necessary, the undercover operative himself may be placed
under surveillance.
7. The undercover operative must never pose as a criminal unless no other approach appears adequate.
8. The role of the undercover operative is to gather information or evidence against the suspect(s) or the organization, never to
instigate the commission of a crime.
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9. Plans for the operation must provide actions or alternatives in case the undercover is arrested.
10. Reminders tot he undercover operative:

a) Act as natural as possible.
b) Do not overplay the part.
c) Do not indulge in any activity, which is not in conformity with the assumed identity.
d) Do not make notes unless they are to be mailed or passed immediately: (Use codes and never place return address in letters
and envelopes).
e) Do not use intoxicants except to play the part.
f) Limit association with women to that necessary to play the part
A. SURVEILLANCE
1. In General. – In the investigation of a certain case, a point is reached when the investigator sometimes finds it difficult to secure
leads through questioning of the complainant and witnesses. In such a situation, the investigator has to go to the filed to locate the
criminal or, if he is known, to study his habits, movements and possible accomplices in the commission of the crime.
2. Definition – Surveillance is the discreet observation of places, persons and vehicles for the purpose of obtaining information
concerning the identities or activities of subjects.
3. Objectives of Surveillance:
a) To detect criminal activities
b) To discover the identity of persons who frequent the establishment and determine their relationship.
c) To discern the habits of a person who lives in or frequents the place.
d) To obtain evidence of a crime or to prevent the commission of a crime.
4. Shadowing or Tailing. It is the act of following a person. Its objectives are:

a) To detect evidenced of criminal activities.
b) To establish the association of a suspect
c) To find a wanted person
d) To protect a witness
There are three (3) types of shadowing employed, depending upon the objective of the surveillance:
a) “Loose Tail” is employed when a general impression of the subject’s habits and associates is required.
b) “Rough Shadowing” without special precautions may be used where the criminal must be shadowed and he is aware of
this fact; or where the subject is a material witness and must be protected from harm or other undesirable influences.
c) “Close Tail” surveillance is one is which extreme precautions are taken against losing the subject.
5. Tactics. – The subject should be kept unaware that he is being shadowed. The investigator should be inconspicuous. He should
not be detected looking directly at the suspect. He should shift from left to right, never remaining for long directly behind the
subject. Both sides of the street should be used. If the tail, he should request immediate removal from the statement.
6. Note. – The investigator must maintain a note or log containing a chronological record of the activities of both the investigator and
the subject. The log can be used either in the interrogation of the suspect or for purposes of cross-examination during trial.
7. “Roping” or Undercover Work. – It is a form of investigation in which the investigator assumes a different and unofficial identity
(a cover story) in order to obtain information. The general objective of an undercover investigation is to obtain more information.
8. Arrest of Undercover Agent. – If the police arrest an investigator, he must act in accordance with his orders. If he has not
received orders regarding the disclosure of his identity in case of arrest by other law enforcement officers, he must act according to
his judgement. In such a case, if retaining his assumed character does not serve a useful purpose, the investigator should refuse to
make a statement except to a member of his own organization.
9. Preparation and Supervision of Discreet Surveillance
a) Familiarize participating operatives with the case.

(i) Use sketches, photos and maps in the briefing.
(ii) Make a physical description of the subject(s).
(iii) Anticipate contingencies that arise and plan what to do
(iv) Ready coins for bus or jeepney fare and for making phone calls
(v) Determine exits and have them covered.
(vi) Bear in mid the need to secure a Search Warrant on short notice.
(vii) Ready materials for recording surveillance
(viii) Pre-arrange signals.
(ix) Maintain contact among the participants.
(x) Rotate participants and apportion their distances.
(xi) Consider the possibility of counter-surveillance.
b) Choosing proper equipment. Equipment include motor vehicles, boats, binoculars, camera, radio equipment, handcuffs,
containers for evidence, strips of neolith and other materials for disguising motor vehicles (day or nighttime), firearms, tear gas
etc.
Standard Methods of Recording Investigative Data
a) Photographs;
b) Sketching crime scenes;
c) Written notes (what you have seen or observed);
d) Developing and lifting fingerprints found at the crime scene:
e) Gathering physical evidence;
f) Plaster cast;
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g) Tape recording of sounds;

h) Video tape recording of objects; and
i) Written statements of subjects(s) and witnesses
Scientific Examination of Real Evidence
a) The Crime Scene Search
Processing and Securing a Crime Scene – Processing a crime scene includes the application of diligent and careful
methods by an investigator/policeman to recognize, identify, preserve and collect facts and items of evidentiary value that may
assist in reconstructing that which actually occurred. The crime scene is the area surrounding the place where the crime
occurred. the processing of the area at the scene includes all direct traces of the crime. and this is determined by the type of
crime committed and the place where the act occurred.
Protecting the Crime Scene and the Evidence – Successful crime scene processing, depends upon the policeman’s or
investigator’s skill in recognizing and collecting facts and items of value as evidence, and upon his ability to protect, preserve,
and later, to present these in a logical manner. This requires making careful and detailed notes and sketches; using correct
procedures in taking photographs of the scene; taking written statements and transcribing verbal statements of witnesses,
suspects and marking and preservation of collected physical objects of evidentiary nature.
b) Laboratory examination of objects and substances located usually at the crime scene Objects and substances needing
examination in some cases are carried, intentionally or unintentionally, by suspects from the crime scene.
Investigator’s Notebook.
a) Purpose: Considering the mass of details and the number of cases which in some instances an investigator is handling, it is
very possible that he might forget some details. Many of the details associated with the investigation, while not essential to the
report, might become points of interest to the court when the case is brought to trial. Experienced investigators employ a
handbook to record the relevant details of the case. During trial, the court allows investigators to consult their notes to refresh
their memory.
b) Recording Notes: The data of the investigation should be recorded in a complete, accurate and legible fashion so that in the
event another investigator is required to assume the responsibility for the investigation, be can make intelligent use of the
notebook.
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1. Modified TRUE OR FALSE

Write “A” if both the statement is correct,
Write “B” if both the statement is incorrect
Write “C” if the first statement is correct but the second statement is incorrect
Write “D” if the first statement is wrong and the second statement is correct
_________A. Undercover investigation should not be attempted until other investigative techniques have failed or are deemed
impractical
B. Undercover work as a selective assignment requires that the investigator possess, in addition to certain general
qualifications, specific qualifications required in the type of investigation being conducted.
_________ A. The fewest number of persons must know the undercover operation
B. Otherwise, the investigation or the operative himself might be jeopardized.
________ A. The undercover operative must never pose as a criminal unless no other approach appears adequate.
B.The role of the undercover operative is to gather information or evidence against the suspect(s) or the organization, never
to instigate the commission of a crime.
________ A, In the investigation of a certain case, a point is reached when the investigator sometimes finds it difficult to secure leads
through questioning of the complainant and witnesses. In such a situation, the investigator has to go to the filed to locate the criminal
or, if he is known, to study his habits, movements and possible accomplices in the commission of the crime.
B.Surveillance is an open observation of places, persons and vehicles for the purpose of obtaining information concerning
the identities or activities of subjects.
_________ A.If the police arrest an investigator, he must act in accordance with his orders. If he has not received orders regarding the
disclosure of his identity in case of arrest by other law enforcement officers, he must act according to his judgement.
B. In such a case, if retaining his assumed character does not serve a useful
purpose, the investigator should refuse to make a statement except to a member of his own organization.
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LESSON NINE: ARREST WARRANT
1. Define Arrest
2. Discuss how Arrest is made
3. Enumerate the procedures making Arrest
4. Differentiate Warrantless Arrest from Ordinary Arrest
5. Identify the essential requisites of a valid warrant of arrest
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The term “ARREST” came from the Latin word “ARRESTARE” which means “cause to stop” and “RESTARE” which means
“stay behind”.
What is Arrest?
Arrest is the taking of a person into custody in order that he/she may be bound to answer for the commission of an offense (Sec.
2, Rule 113, Rules of Court)
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How Arrest is made?

An Arrest is made by an actual restraint of a person to be arrested or by his/her submission to the custody of the person making
the arrest ( Sec. 2, Rule 113, Rules of Court)
Two Modes of Arrest

The two modes of arrest are the following;
1. Arrest by virtue of a warrant
2. Arrest without warrant under exceptional circumstances as may be provided by the statue. (Se. 5, Rule 113, Rules of Court)
The Warrant of Arrest

Arrest Warrant is an order in writing issued in the name of the People of the Philippines signed by a judge directed to a peace
officer, commanding him/her to arrest the person designated and take him into custody of the law in order that he/she may be bound to
answer for the commission of an offense.
Essential Requisites of a Valid Warrant of Arrest

1. It must be issued upon probable cause which may be determined personally by a judge after examination under oath or
affirmation of the complainant and the witnesses he may produce.
What is PROBABLE CAUSE?

Probable Cause refers to the evidence that warrants a person of reasonable caution in the belief that a crime was committed.
2. The warrant must be particularly describe the person to be seized.
What is JOHN DOE WARRANT?

A warrant containing no specific person to be arrested but only descriptions based on the testimonies of the victim/s or the
witnesses. It contains the physical description of the accused as well as other factors to be considered for the identification of the
accused. Other wise known as Richard Doe or Jane Doe Warrant.
Is there an Alias Warrant?
Yes. Alias Warrant refers to the warrant of arrest issued by a judge to the peace officer after returning the original warrant of
arrest after the lapse of the 10 day validity period.
Who is a Warrant Officer?

Any authorized member from the law enforcement agency usually from the Philippine National Police or National Bureau of
Investigation who holds a warrant for execution within 10 days from the receipt subject to renewal in case of failure to execute the
same.
Who may issue a Warrant of Arrest?

The general rule on who is authorized to issue warrant of arrest is the JUDGE of any competent court in the Philippines.
Duties of Arresting Officer

As provided under Sec. 3, Rule 113, the arresting officer has two primary duties:
1. While arresting the accused/suspect. The arresting officer should inform the cause of arrest and of the fact that a warrant had been
issued to the arrested person; and
2. Any police officer making a lawful arrest should take the person arrested without unnecessary delay and deliver him/her to the
nearest police station or jail.
In case of WARRANTLESS ARREST, it is the inherent duty of the arresting officer to detain the person/respondent and file the
proper information within the specified times as provided under Art. 125 of RPC which has been amended by Executive Order No. 272
on July 25, 1987.
PERIODS OF DELIVERING A PERSON TO PROPER JUDICIAL AUTHORITY

(Art. 125, Revised Penal Code)
TIME/PERIOD PENALTIES
12 HOURS - Light penalties and their equivalent
18 HOURS - Correctional penalties and their equivalent
36 HOURS - Afflictive/Capital Penalties and their equivalent
Execution of Warrant of Arrest

The head of office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within 10
days from its receipt.
Within 10 days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the
judge who issued the warrant. In case of failure to execute the warrant, he/she shall state the reasons therefor. (Se. 4, Rule 113, Rules
of Court)
Even if not served within the statutory period of 10 days. A warrant of arrest remains valid/ It remains valid unless:
A. The warrant was recalled by the issuing court
B. The respondent was already arrested
C. The respondent voluntarily submitted himself/herself to the jurisdiction of the issuing court
D. The respondent die
NOTE: A WARRANT OF ARREST HAS NO EXPIRY DATE. IT REMAINS VALID UNTIL ARREST IS EFFECTED OR WARRANT IS
LIFTED.
Principles of Arrest
The following are the basic rules on arrest:
1. A warrant of arrest is enforceable only within the territory of the government or state issuing the warrant.
2. In a warrantless arrest based on the commission of a crimes, the crime must have been committed within the territory of the
government or state whose agents are carrying out the arrest.
3. In arrest based on a warrant of arrest, it is not essential that the arresting officer has the warrant in his possession at the time he
carries out the arrest,
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The WARRANTLESS ARREST

As a general rule, it is a requisite that warrant should be issued in the name of the person to be arrested. Any peace officer who
arrest a person without warrant may be liable under Art. 125 of the Revised Penal code (ARBITARY DETENTION). The following are
the situation in which a police officer may arrest a person without warrant based on;
A. When, in his/her presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense
B. When an offense has in fact just has been committed and he has probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it. (Doctrine of Hot Pursuit)
C. When the person to be arrested is an escapee. Those who escaped from any penal establishment or place where they are serving
final judgment or temporarily confines while their cases are pending, of has escaped
D. When the right is validly waived. This is when the person arrested consented to the arrest, despite no warrant showed; the person is
willing to be taken into custody.
STANDARD OPERATING PROCEDURE of Arrest without Warrant:

A. During the initial contact with person to be arrested, these steps should be followed:
a) Freeze or restrain the suspect
b) Make a proper introduction as to identify and authority to arrest;
c) Inform the arrested person of the circumstances of the arrest and recite to him/her the Miranda Warning;
d) Conduct thorough search for weapons and other illegal materials
e) As a general rule, no unnecessary force shall be used in making arrest
f) Confiscated evidence shall be properly documented; and
g) Bring the arrested person to the Police Station for further investigation and disposition
B. In arresting without warrant, the officer must inform the person to be arrested of his/her authority and cause of the arrest. However,
these may not be exactly followed if:
a) The person to be arrested is engaged in the commission pf an offense
b) He/she is pursued immediately after committing a crime or after escape
c) He/she attempts to flee from the officer arresting him
d) He/she forcibly resists before the officer has the opportunity to inform him/her
e) When giving such information will imperil the arrest
NOTE: ILLEGAL ARREST MAY TAINT THE CRUCIAL EVIDENCE OF GUILT
Procedures in Making Legal Arrest

The actual arrest is usually made by an officer stating to a person, “You are under arrest for….” The person arrested should be
told clearly - not in police jargon or legalese- the reason for arrest. Officers should always be on-guard when making the arrest. As
noted, people could react violently to being arrested, even if individuals appear to meek and incapable of violence.
DEPENDING ON CIRCUMSTANCES, THE PERSON MAY FIRST BE HANDCUFFED FOR THE OFFICER’S SAFETY. The
arrested person should be searched for weapons and destructible evidence. In typical arrest situation, an officer should;
A. Announce the arrest and the reasons for it
B. Handcuffed the person of warranted
C. Searched the arrested person for weapons and evidence
D. Give the Miranda Waring if questions are to be asked
The Use of Force in Making an Arrest

If the person being arrested offers no resistance, no force should be used in making the arrest.
Guidelines for Use of Force when making an Arrest

1. NO RESISTENCE - USE NO FORCE
2. RESISTANCE - this must be used only as much as force as necessary to overcome
Resistance
3. THREAT TO OFFICER’S LIFE -use deadly force
Use of Deadly Force - The excessive use of force shall be avoided. The use of firearm is justifiable by virtue of the Doctrines of Self
Defense, Defense of Relative and Defense of Stranger, and if the police has probable cause to believe that the suspect poses an
imminent danger of death or serious physical injury to the police or other persons.
WARNING SHOTS IN CONDUCTING ARREST

Police shall not use warning shots during any police intervention.
Using Forcible Entry to Arrest

The right of the law enforcement officers to use force to enter s building to make an arrest is almost 400 years old.The use of
forcible entry to arrest was firmly established early in common law, even though the fundamental liberty of people includes protecting
their homes. However the common law also recognized that circumstances often demand immediate arrest and that accordingly, a
house may sometimes be forcibly entered.
Duties of Arresting Officer in Case of Arrest without a Warrant

A. The arresting officer shall inform the subject or suspect, in the dialect or language known to him/her, why he/she is being arrested,
and of his/her right to remain silent and to have counsel of his/her own choice, to be informed of his/her authority and the cause of the
arrest, unless the person to be arrested is then engaged in the commission of an offense
or is pursued immediately after its commission or after and escapes, or flees or forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will imperil the arrest.
b. The arrested person shall be delivered to the proper authorities without unnecessary delay and within the time prescribed in article
125 of the Revised Penal Code, as amended (12, 18, or 36, hours, as the case may be).
C. The person arrested without a warrant shall be delivered to the nearest police station or jail, and shall be the subject of inquest
proceedings under Section 7, Rule 112 of the 2000 Rule of Criminal Procedure.
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d. If the person arrested without a warrant waives his/her right to remain silent under the provisions of Art 125 of the Revised Penal
Code and opts to give a statement and present evidence for his defense, the arresting officer shall ensure that the waiver made by the
person arrested shall be in writing and in the presence of his counsel of choice (POP Manual Rule 9, SEC. 6, 2010).
Medical Examinations of Arrested Persons

Immediately after the arrest of a person ordered arrested by the court, or a suspect under investigation, he/she should be
subjected to a medical examination. Prior to his/her release or any change of custody, the suspect should also be medically examined
by a medico-legal officer or, in the absence of such medico-legal officer, by any government physician in the area (POP Manual, Rule
9, Sec. 7, 2010).
PROHIBITIONS
No torture, force, violence, threat, intimidation, or any other means which violates the free will shall be used against a suspect.
Secret detention places, solitary confinement (incommunicado) or other similar forms of detention shall be pronibited (POP Manual
Rule 9, Sec. 8, 2010).
RECORD CHECKS
The officer shall make a record cheCk for the possibility that the arrested person is wanted for crimes other that for which the
same was arrested (POP Manual, Rule 9, Sec. 9, 2010).
Police Blotter
Each PNP operating unit shall maintain an official police blotter where all types of operational and undercover dispatches shall
be recorded containing the five "W's and one "H' of information (POP Manual, Rule 1, 2010).
Exemption from Arrest

1. Senators and members of the House of Representatives,while Congress is in session, for offenses punishable by not more than six
years imprisonment (Article Vi, Section 11, Philippine Constitution);
3. Ambassadors or Public Ministers of a foreign country, authorized and received as such by the President of the Philippines, and their
domestic or domestic servant duly registered with the Department of Foreign Affairs, provided the foreign country concerned gives
similar protection to duly accredited diplomatic or consular representatives of the Philippines (Republic Act No. 75).
3. Those covered by a safety and immunity guarantee of the President of the Philippines
4. Rebels issued with safe conduct pass by the National Amnesty Commission, for crimes/act committed in pursuit of rebellion (Letter
Dated 17 Feb 03 from NAC Chairman to
NBI Director).
5. Those who, during and in connection with any election, allegedly committed an offense by act or language tending to support or
oppose any candidate, political party or coalition. (Sec. 266. Omnibus Election Code)
Common Problems in Arrest

Usually the problem in arrest is not in the capability to effect the arrest, but rather in the task of locating the subject. When the
expected resistance is considerable, a police officer (arresting officer) may always seek the help of his/her colleagues. However, the
following factors may help the arresting officer locate the subject
1 complainant or victim
2 record check
4. his office or previous place/s of employment
4. the neighborhood
5. subject's hangouts
The following are the possible areas where arrest may be executed
1. At the subject's residence, as he/she steps out of the door of his/her house
2. At his/her office during an entrapment
3. As he/she is returning to his/her residence late at night
4. While in the car on a street corner (arrest by interception)
5. At a parking area, after alighting from the car
6. At a hotel room where he/she thought he/she was safe
7. At a restaurant or any business establishment
8 At the NBI Compound while applying for clearance
Limitations of Arrest Warrant

The Ministry of Justice (MOJ) now Department of Justice (DOJ) through Circular No. 3 dated 25 September 1978 provided the
following prohibitions to effect arrest during:
1. Night time
2. Holidays
3. Weekends, unless it is a citizen’s arrest, or an arrest resulting from surveillance or entrapment, of for crimes against national security,
or for notorious and dangerous criminals with outstanding warrant of arrest, or for escapists and fugitives.
How an arrest is usually carried out?

Arrest is usually carried out in any of the following situations
1. For subjects who are meek and non-violent, the situation may allow the arresting officer to inform them of his/her authority and the
existence of a warrant of arrest. For subjects who are elusive or violent, it is better to take them by surprise,
2. When the operation partakes of the nature of a raid, informing or coordinating with local police authorities is advisable.
3. When an elusive subject is reported to be in house or building, somebody must case the area first.
4. When intercepting an armed and violent subject who is inside a motor vehicle, it may be dangerous to approach him openly to force
an arrest. The wise thing to do is to seek
cover and order him/her out of the vehicle with arms raised.
5. In case of entrapment where the culprits are also armed and dangerous, the back up force supporting the arresting officers must be
situated at a distance that allows immediate response.
6. In an arrest inside a building, the arresting officer must not accede to the subject's request to go alone to the room and dress up.
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7. When the method of arrest is not simple but consists of coordinated actions, there must be a briefing clearly understood by
everybody. Time in watches must be
synchronized.
8. Sometimes, disguises are effective in gaining entry into a building to carry out arrest. For example, arresting officers may pose as
PLDT repairmen or MERALCO Iinemen.
9. Do not underestimate the subject. Frisk him/her.
10.Do not hesitate to use handcuffs when the arresting officer feels insecure.
11. Arresting techniques (come along-holds) facilitate and add finesse to the arrest of unwilling subjects.
12.When arresting a woman, it is advisable for the arresting officer to take along a lady personnel of the agency or lady employee to
avoid being misunderstood.
13.When escorting the subject in a vehicle soon after an arrest, the arresting officer must pay close attention to the seating
arrangement to prevent subject from suddenly jumping off the vehicle, grabbing a weapon, or attacking the officer.
Legal proceeding used to challenge arrest and detention

The legal remedy for defense counsels is to petition for writ of habeas corpus to contest the legality of detention (Rule 102,
Rules of Court).
Malpractices of Arresting Officer

If you are a police officer executing an arrest, the following are possible misconduct you will commit:
1. To take your subject to a secret detention place, and then to deny having arrested him/her.
2. To make your subject sign waiver of detention, through intimidation or deceit, and then to get a "comrade" lawyer to sign as counsel
for your subject.
3. To "frame up" your subject to show a crime supposedly exist for which he was arrested.
4. To deny visitation by legal counsel by imposing a news blackout on subject's presence and detention at police headquarters.
5. To "postdate" the time of arrest to show shorter period of detention.
6. To delay proceedings upon a petition for habeas corpus. For example, a writ server may be given the run around from one office to
another.
7. To make it appear that subject was already released when in fact he was already liquidated.
What is to be done after an arrest?

After arresting a violator, the subject must be:
1. Photographed
2. Fingerprinted
3. Medically examined and booked (NBI Memo Order No. 58 dated 13 November 2002).
4. Record checked
5. Interviewed/Interrogated, when there is a pending investigation involving subject, but:
 it must be in the presence of defense counsel, and
 the subject must be informed of his/her constitutional rights.
6.Prepare joint affidavit surrounding the arrest. If arrest was made on the occasion of an entrapment that is expected to lead to an
inquest.
7. Line-up or reenactment to be recorded in pictures. In a line-up, a witness identifies Subject among a line of persons. The line-up
must be fair, and not suggestive or leading. A
reenactment is done when Subject admits his participation in the crime.
8. Inquest or file charges the regular ways, as the case maybe
9. Return warrant of arrest, indicating that it was duly served,to the issuing court
10. Prepare formal report on the case.
11. Minors below 16 years of age, arrested for prostitution or other illicit conduct, shall be delivered within 24 hours to the Department of
Social Welfare Development (DSWD) or its duly authorized office or agency in the place for protective custody.
12. Arrest and detention of foreign nationals "shall be communicated to the Department of Foreign Affairs for information to the
respective embassies.
13. Minors below 18 years old shall be referred to a Medico Legal Officer for physical and mental examination.
Rights of a Person under Arrest

The following are the rights of a person under arrest
1. To be informed of the cause of arrest, and shown a copy of the warrant, if any, as soon as possible (Rule 113, Sec. 7, 8 &9)
2. Not to be subjected to violence or unnecessary force during the arrest (Rule 113, Sec 2, Par 2);
3. To be visited by and to confer with his/her attorney. privately, at any hour of the day or night (Rule 113, Sec 14);
4. To be visited by and confer with his/her relative subject to reasonable regulations (Rule 113, Sec 14); and
5. In general, to bail himself/herself out as a matter of right based on Rule 114, Sec 4).
Detention of an arrested person

Any person arrested could be detained through the followin9
guidelines:
1. If he was arrested by virtue of a warrant of arrest, he shall be detained until:
a. he posts bail duly approved by a competent court which then orders his release, or
b. the court issuing the warrant revokes or lift said warrant of arrest for other reasons. (But the detainee has to be released upon his/her
acquittal or of the case even without a bail or lifting order).
2. If he was arrested without a warrant for the commission of a crime, he can be detained for:
a. Twelve (12) hours if the crime is punishable by Arresto Menor (prison term from 1 to 30 days), public censure fine below PHP
200
b. Eighteen (18) hours if the crime is punishable by Prision Correccional (prison term from 6 months and 1 day to 6 years),
Arresto Mayor (prison term from1month and 1 day to 6 months), Suspension, Destierro, Fine from PHP 200 to PHP 6,000.
C. Thirty-six (36) hours if the crime is punishable by Reclusion Perpetua (Literally life imprisonment. But pardon is provided by
law after 30 years of service)
Reclusion Temporal (prison term from 12 years and 1 day to 20 years), Perpetual or Temporary Absolute Disqualification, Perpetual or
Temporary Special Disqualification, Prision Mayor (prison term from 6 years and 1 day to 12 years), Fine exceeding PHP 6,000 (Article
124, Revised Penal Code ).
3. If he was arrested as an escapee from a place where he/she is temporarily confined while his/her case is pending. he/she shall be
reconfined until he/she posts the required bail (Executive Order No. 272 dated July 1987)
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4. If he was arrested attempting to leave the Philippines while on bail, he shall be confined subject to the order of the court where the
case is pending. The court may raise bail or impose more stringent conditions for subject's freedom
5 If he was arrested after escaping from a place where he she is serving final judgment, he/she shall be reconfined to serve his/her
remaining sentence, without prejudice to his/ her liability for the crime of Evasion of Service of Sentence (Articles 157-159, Revised
Penal Code ll).
6. If he was detained for violent insanity or for ailment requiring compulsory confinement in a hospital, it appears that hospital
authorities have a say on his/her release, the same to depend on whether he/she is no longer a threat to society or his/her ailment is
sufficiently treated
Drawbacks of being an Arresting Officer

Arresting officers are prone to the following crimes:
1. Arresting without legal grounds (Arbitrary Detention-Article 124, RPC);
2 Carrying out justified arrest without warrant, but detains the subject beyond 12/18/36 hours without an inquest or without a valid
waiver of detention (Delay in the Delivery of Detained Person to the Proper Judicial Authorities - Article 125, RPC)
3 Delaying any proceedings upon a petition for the liberation of such detainee (Article 126, RPC)
4.Pocketing arrested person's money or other valuables (Robbery-Article 294, RPC)
5. Investigating or taking the sworn statement of any perso arrested, detained or under custodial investigation witheout informing
him/her of his/her right to remain silent, and to have competent and independent counsel, preferably of his/ her own choice, or without
providing him/her such counsel free of charge if he/she cannot afford one (Violation of Sec 4(a) RA 7438).
6 Obstructing, preventing or prohibiting any lawyer, any member of the immediate family of a person arrested, detained or under
custodial investigation, or any medical doctor or priest or religious minister chosen by the subject or by any member of his/her
immediate family or counsel from visiting and conferring privately with him/her, or from examining and treating him/her, or from
ministering to thee spiritual needs, at any hour of the day or, in urgent cases, of the night (Violation of Sec 4 (b), RA No. 7438)
7. Refraining from arresting an offender in a crime punishable by life imprisonment and/or death, in consideration of any offer, promise,
gift or present (Art 211-A RPC on Qualified Bribery, a crime inserted by Republic Act No. 7659 effective 31 January 1994).
______________________________________________________________________________________________________
Multiple Choice: Select the best answer, encircle the lefter of your answer that corresponds to the given question
1. When is arrest made?

a.Weekdays b. Any time during weekdays
c. on any day and at any time of the day or night. d. Week Ends
2. It is an order in writing issued in the name of the people of the Philippines signed by a judge directed to a peace officer commanding
him/her to arrest the person designated therein in order that he/she may bound to answer for the commission of an offense
a. Arrest Warrant b. Shoot to kill order
c. Search Warrant d . Warrant of Seizure
3. As used in law language, "deliver the arrested person to proper judicial authority," physical delivery of the accused is necessary.
a Yes b. No
c. True d. False
4. If the suspect was arrested by virtue of warrantless arrest circumstance, the arresting officer should deliver him/her to proper
judicial authorities without unnecessary delay within
a. 18 hours b. 12 hours
c. 24 hours d. 36 hours
5. During the arrest it shall be the primary duty of the arresting

officer to-
a. Use unnecessary force b. Inform the suspect's cause of arrest
c. Use method of restraint d. Deliver suspect to proper judicial authority
6. In making the arrest, the use of deadly force is justifiable if .

is present.
a. Resistance b. no resistance
c threat to officer's life d. Reasonable force
7. Torture, violence, intimidation or any other similar means is allowed if the suspect does not confess. This statement is
a. No b Yes
c Absolutely true d Absolutely false
8. All types of operational and undercover dispatches shall be

recorded containing the
a. Method Inquiry b. Necessary information
C. Method investigation d. Five Ws and 1 H of information
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
LESSON TEN: SEARCH AND SEIZURE
1. Define Search
2. Explain the importance of Search Warrant
3. Enumerate the requisite before a Search Warrant is issued
4. Explain the Instances of Warrantless Searches
______________________________________________________________________________________________________
The word "search" was derived from the Anglo-Norman word "searcher," old French “cerchier” which means to explore," and
Latin word "circare which means "go around in circles.
What is Search?
As used in criminal investigation, it is the act of examining persons documents, papers and effects.
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What is Search Warrant?

Search Warrant is an order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a
peace officer commanding him/her to search for personal property and bring it before the court (Sec. 1, Rule 1126, Rules of Court).
Constitutional Provision on "Search"

"The right of the people to be secured in their persons, houses, papers and effects against unreasonable searches and seizures of
whatever nature and for whatever purpose shall be inviolable, and no search warrant or warrant of arrest maybe issued except upon
probable cause to be personally determined by the judge after oath or examination of the complainant or the witnesses he may produce
and particularly describing therein the places to be searched and the persons or things to be seized" (Sec 2, Art Il1, 1987 Constitution)
Rationale
What is sought to be guarded is a man's prerogative to choose who is allowed entry to his/her residence. In that haven of
refuge, his her individuality can assert himself/herself not only in the choice of who shall be welcome but likewise in the kind of objects
he/she wants around him/her.There, the State, however powerful, does not as such have access except under the circumstances
above noted, for in the traditional formulation, his house, however humble, is his castle"
Chief Justice Bengson, once said:

"at the closed door of the home, be it a palace or hovel, even bloodhounds must wait till the law, by authoritative process, bids
it open."
Who should Witness a Search?

No search of a house, room, or any other premise shall be made except in the presence of any of the following
1. The legal occupant thereof
2. Any member of his/her family;
3. In the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality according to sec
8, Rule 126, Revised Rules of Court (Reyes, 2001).
What are the Personal Properties to be Seized?

The following are the objects of search to be seized:
1. Subject of the offense;
2. Stolen or embezzled and other proceeds, or fruits of the offense; or
3. Used or intended to be used as the means of committing an offense (Sec. 3, Rule 126, Revised Rules of Court).
What will the Officer do after Seizure has been completed?

Sec. 12, Rule 126, Revised Rules of Court provides the following considerations after the effect of seizure:
1 The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly
verified under oath.
2 Ten (10) days after the issuance of the search warrant, the issuing judge shall ascertain if the return has been made and if none, shall
summon the person to whom the warrant was issued and require him/her to explain why no return was made. If the return has been
made, the judge shall ascertain whether section 11 of this Rule has been complied with and shall require that the property seized be
delivered to him. The judge shall see to it that subsection (a) hereof has been complied with.
The return of the search warrant shall be filed and kept by the custodian of the logbook on search warrants who shall enter
therein the date of the return, the result and other actions of the judge. A violation of this section shall constitute contempt of court.
Seizure of Articles found in Possession of a Person Arrested

If one is legally arrested for an offense, whatever is found in his possession or in his/her control may be seized and used in
evidence against the subject (Alverov. Dizon). But articles found in his/her possession which have nothing to do with the crime imputed
against him/her must be returned to him/her; otherwise, the law enforcer responsible thereto shall be liable for theft or robbery as the
case may be.
Instances of Warrantless Searches

Similar to that of the "warrantless arrest," the general rule in searchinga person is that, a warrant should be issued and
presented to the person concerned before a search is done. However, any peace officer may, without search warrant, search a person,
or a person's belongings and premises in the following instancees
1. Search Incidental to a Lawful Arrest

This is legally accepted provided that the search is contemporaneous to the arrest and within the permissible area. A person
lawfullyarrested may be searched for dangerous weapons or anything, which may be used as proof of the commission of an offense,
without a search warrant. The warrantless search and seizure, as an incident to a lawful arrest, may extend beyond the person of the
one arrested to include the premises or surroundings under his/her immediate control.
2. Search in Violation of Tariff and Custom Laws

The search involves illegal entry of "smuggled goods" in our country that may affect the local businesses especially the small
time businessmen. The search is usually conducted by the officers and agents of the Bureau of Customs
3. Plain View Doctrine Search

Under the plam view doctrine, police officers can seize articles or objects which inadvertently come to their view without exerting
any effort and which object is incriminatory to the accused. Based from decisions of trial courts, the doctrine includes the five senses of
an individual to detect violations of law
The doctrine requires that a police officer in order to validate the confiscation of an object in plain view must have a right to be in
that place and whatever objects become obvious or apparent without obstruction or impairment may be subject to seizure (Roxas,
2008)
4. Search of Moving Vehicles

The search of moving vehicles is popularly called as "check points.This instance of warrantless search cannot be done anytime.
The "checkpoints" must be done during "abnormal times" when the public welfare is at stake. Thus, every vehicle that passes the
certain checkpoint can be searched without a search warrant
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5. Inspection of Buildings for Fire and Sanitary Regulations

Inspectors of a certain building for the purpose of maintaining sanitation, fire and building regulations are required to enter
every building as well as every room necessary to be inspected without arming themselves with a search warrant.
6. Consented Search
If the person submitted himself/herself voluntarily to a search, it is valid because he consented to the search. The consent
however, should not have been secured through intimidation or threat.
7. Frisk Search
Terry vs. Ohio established that officers can conduct a pat down of an individual they stopped if they believe the person is armed and
dangerous. This is a protective search for weapons only.
The Exclusionary Rule

This rule was derived from the case of Weeks v. United Slates in 1914. It established a rule that federal courts may not
accept evidence obtained by unreasonable search and seizure,regardless of the relevance of these to the case. In the case of
Mapp v. Ohio the Supreme Court decided that this will be applicable all courts. This applies not only to illegally seized evidence but also
to evidence obtained or developed from it, also called as "fruit of the poisonous tree” This means that evidence obtained in the process
of illegal warrantless search is not admissible as evidence in court.
Inevitable-discovery Doctrine vs. Good-faith Doctrine

1. The Inevitable-discovery Doctrine Inevitable Discovery Rule states that evidence obtained illegally may be admissible in a criminal
trial if the prosecutor proves by a preponderance of the evidence that the challenged evidence "ultimately or inevitably would have been
discovered by lawful means." (Nix v. William, 467 U.S. 431 1984).
2. The Good-faith Doctrine. In general, evidence obtained by a police officer in reasonable reliance on a search warrant that. is
subsequently found invalid may be admissible United States v. Leon, 468 U.S. 897 (1984). It is necessary that a reasonably well-
trained officer would have believed that the warrant was valid. This has come to be known as the "good faith" or Leon exception to the
exclusionary rule. Many states, however, have rejected this exception.
Types of Search after Arresting a Suspect:

According to King-eo (2008), the following are the types of search after arresting a suspect
1 Wall Search.
The initial purpose of this search is to put the suspect in an "off-balanced position". This is the safest type of search; it does not
necessarily require a wall. Any object that can support the weight of the suspect (such as a car)
can be used.
2. Standing Search.
This is done by instructing the subject to raise his hands above or behind his/her head with feet spread apart as far as
possible. In some situations, this is not recommended because Some suspects could still
maintain their balance.
3 Kneeling Search.
This requires the suspect to kneel on the ground with hands raised over or behind his/her head. Note that some suspects could
still make counter actions against the arresting officer even if they are assuming this position.
4 Prone Search
The suspect in this search lies on his stomach with arms and legs outstretched. One disadvantage of this search is that the
suspects frontal area cannot be searched properly. This type of search can be dangerous if the subject has knowledge in judo, aikido
and other similar forms of defense tactics.
USING HANDCUFF
Handcuffs are the best method of restraint if it is applied properly; It is good preventive measure but if imporperly applied it could
be dangerous.
______________________________________________________________________________________________________
Identification: This progress check requires you to identify the answer that corresponds to each question. Write your answers on
the space provided before the number,
_________________________1. It is considered as the best method of restraint if applied properly, but could be dangerous if applied
improperly.
_________________________2. What is the act of examining persons,documents and effects which may be legal or non-legal
depending on existing laws, rules and regulations?
_________________________3. It refers to the confiscation of a property by an officer with legal authority to do so. In criminal
investigation, it is the logical consequence of search.
_________________________4. A type of search made after arrest where the victim is ordered to lie on his stomach with arms and
legs outstretched.
_________________________5. An arrest is made by of the person to be arrested, or by his/her submission to the custody of
the person making the arrest.
_________________________6. This is an order in writing issued In the name of the people of the Philippines, signed by a judge and
directed to a peace officer, commanding him/her to search for personal property described therein and to bring it before the court
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
LESSON ELEVEN: RAID
1. Explain the Raid Operation
2. Enumerate the purpose of Raid Operation
3. Enumerate the composition of a Raid Team
______________________________________________________________________________________________________
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Every member of a law enforcement organization must know the technique of conducting a raid. Raid is usually made after
careful investigation and when other method of accomplishing the mission is not suitable. Whenever available, men experienced in
conducting police raids should be chosen as raid commanders.
What is Raid?
Raid is a surprise invasion of a building or area. It is a small scale attack of a limited territory. A raid must be legal, having its
basis in lawful process and conducted in a legal manner through search warrant or warrant of arrest. Raid may be in pursuit of a person
reasonably believed to be guilty of a felony when it is known that the felony has just been committed.
Purpose of a Raid
According to Roxas (2008), the following are the objectives of raid:
1. To effect apprehension
2. To obtain evidence of illegal activity by surprising the offenders in flagrante delicto
3. To recover stolen property
Effectiveness of a Raid
According to Roxas (2008), the effectiveness of raid depends on the following
1. Size of raiding party
2. Surprises
3. Speed
4. Superiority of arms
5. Simplicity of plan and operation
Qualifications of Raid Team

Still by ROXas (2008), the following are the qualifications of a raiding team
1. Has Leadership Ability
2 Good Judgment
3 Tactfulness
4. Coolness and Stability
5. Experience
6 Discipline
7. Steady Nerves and Mental Stability
Composition of a Raid Team

Roxas (2008) asserts that a raid team shall be composed of the following:
1 Raid commander
2. Assistant Raid Commander
3. Covering or surrounding party
4 Going-in detail or entering party
5. In charge of raiding vehicle
6. In charge of rendering inoperative to the subject's vehicle, if any
7. Recorder who should keep log of the raid, gather evidence,
make inventories and testify in court
8. Photographer
Duties of Covering or Surrounding Party (Roxas, 2008)

1. Covers the approach of going-in detail or entering party
2. Prevents the escape of criminals
3. Covers the entire area of the building
4. Neutralizes fire of barricaded criminals
Duties of Going-in Detail or Entering Party (Roxas, 2008)

1 Calls for the surrender of criminals
2. Effects arrests of criminals
3 Incapacitates and dislodge criminals
4. Search for pieces of evidence
Planning the Raid

The success of a raid depends upon intelligent planning and competent implementation. To achieve the necessary elements
of surprise, the operation must be performed surreptitiously with speed. The following are factors to be considered in planning a raid:
1. The terrain in the building should be subjected to close study.
2. In order to obtain the necessary data for planning, a reconnaissance/ surveillance of the place should be conducted.
3. The participants should be informed of the nature of the mission.
4. The specific assignment and position of each member of the raiding party, the tactics to be employed, the equipment and
transportation to be used, the evaluation of possible danger points, and optimum time to be selected should be stressed.
5. Numbers of individuals to be apprehended. Are they armed? With what? If uncertain, assume they are armed.
6. Are photographs and description of subjects available to be shown during the briefing?
7. Determine the physical structure of the place where the criminals are located.
8. Determine all possible escape routes.
9. Need to directly photograph the place and immediate area.
10. Type of neighborhood where the hideout is located.
11. Volume and kind of activities in the neighborhoods at various times (to determine the most desirable time to conduct the raid)
12. Street plans of neighborhood for possible road blocks.
13. Do the men have confidence in the ability of the raid leader?
14. What is your move-out plan?
15. What are the instructions concerning the use of firearms?
16. What are the instructions concerning the possible handling of traffic?
17. What are the instructions concerning communications, signals, etc?
18. How do you identify each other? Arm bands, password, insignia, etc.?
19. Make sure your plans avoid cross fires
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20.Do you have all the equipment you may need, such as flashlights, searchlights, vehicles, transceivers, loudspeakers (public address
system) firearms, tear gas, etc?
21. Ask each participant to repeat his duties to the raid leader (WPD Investigator's Handbook, 2006).
Raid Operation
Coordination of individual efforts is an essential element in the success of the raid. The raiding party should act as a team. The
members of the teams must thoroughly understand the objectives, the plan and the orders. Each man should hold his/her assigned
position until his/her orders are changed by the team leader. Before leaving the headquarters to proceed to the target, the team leader
must conduct final briefing to his/her entire personnel (Roxas, 2008).
Coordination with the Local Station Commander

It is imperative that immediately before the service of a search warrant the team leader should see to it that proper coordination
is made with the station commander having jurisdiction over the target premises. The coordinating party is bound merely to relay that
their team is conducting an operation in their area. This gesture of coordination is not only a manifestation of courtesy but also a safety
measure to avoid the possibility of a mistake encounter.
Don'ts in a Raid
The following should be avoided during the conduct of raid:
1. Don't take unnecessary chances
2 Don't underestimate the ability or courage of the subject(s
3 Don't raid when not properly prepared
4 Don't endanger the lives of bystander
5. Don't use raiders that are not well-acquainted with each other.
6 Don't forget gas mask when employing tear gas
7. Don't make unnecessary rough on the subject(s).
8 Don't shoot to kill unless very imperative
9. Don't touch the evidence unless seen by witnesses, or by the owner or occupant of the place (Sadili & Pena, 1998),.
How is seizure conducted in a raid operation?

Seizure during the raid operation shall be performed through the following guidelines:
a. The following will be seized at the scene of the raid
1. Weapons that maybe used against the raiding party
2. Articles which might be used as a means of suicide
3. Articles which might be used in escaping
4. Articles which inay be used in the commission of the crime
5 Proceeds or fruits of the crime
b. Disposition of money and other valuable property
1. Money should be counted and the serial number of blls should be noted.
2. Valuables should be sealed in a property envelope in the presence of the arrested person/owner.
3. Property envelope should show a complete inventory of the firearms.
4 The arrested person/owner should sign their names.
5. Raiding officer should sign their name on the outer part of the envelope.
6. A receipt should be given to the arrested person/owner.
However, this is qualified by the decision of the Supreme Court declaring as inadmissible in evidence the receipt for
property seized, signed by the accused, in case where mere possession of the items seized is punishable.
c. Disposition of articles not covered in search warrant:
1. If the articles are illicit or contraband, the same must be seized.
2. Such articles maybe used as evidence to prosecute the person.
3. Non-contraband articles must be returned to the owners or must not be seized in the first place.
Legality of a Shoot-To-Kill Order

It is believed that as part of effecting arrest and search or enforcing the law we need to be guided by legal established rules.
Given below are situational questions and explanatory notes about "shoot to kill order (Sadili & Pena, 1998).
Situational Question:
Q 1: Would it be legal for the President of the Republic of the Philippines, or, the Secretary of Justice, or the Secretary of the
Interior and Local Government, or any other superior public officers to declare or issue a "shoot to kill order against suspected criminal
offenders or accused persons who are at large and charged of heinous crimes, or against notorious criminals, or fugitives of justice who
are known to be heavily armed and dangerous?
Answer:
NO. A "shoot to kill order" is not only a palpable, flagrant, deliberate and intentional violation of the constitutional and procedural
due process and violation of human rights, but more importantly, is inherently illegal per se. There is no existing law or jurisprudential
authority in the Philippines that legally allow such kind of order
Q2: Why is a "shoot to kill order" inherently illegal per se?
Answer:
A "shoot to kill order" is not synonymous to a cautionary warning to law enforcers to be extra-careful in pursuing the wanted
criminals for being armed and dangerous. It is a basic rule of law that in case of imminent danger to life and limb, the law enforcers are
legally bound, in the lawful performance of their duty, to use reasonable force to prevent and repel it. Obviously, a "shoot to kill order" is
an implied insinuation for law enforcers to disregard the rule of law and the "rule of engagement" if only to accomplish the ultimate
purpöse of subduing the illegal activities of criminal elements. No matter how noble and patriotic the purpose may be, the "means does
not justify the end.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
LESSON TWELVE: CRIME SCENES AND THE METHODS OF SEARCH AND SKETCH
1. Define Crime Scene
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2. Enumerate the different Types of Crime Scene

3. Discuss Crime Scene Processing Methodology
______________________________________________________________________________________________________
Crime Scene is said to be a "treasure island" in criminal investigation. It is because several pieces of evidence are mostly
found in the crime scene, which are very relevant for the solution of the crime (Manwong, 2003).
CS is the venue or place where essential ingredients of the criminal act took place. It includes the setting of the crime and also
the adjoining places of entry and exit of both offender and victim
Types of Crime Scene

According to Leysa (2010), the following are types of a crime scene
A. As to Location
1. Indoor Crime Scene.
This crime scene entails that the offender committed the crime in an enclosed place, the crime could have been
committed in a room or inside the house but not necessarily the house of the victim.
2 Outdoor Crime Scene.
This crime scene is located in an open area. It could be inside the vehicle, airship, and vessel.
3. Continuing/Running Crime Scene.
This crime scene has a mixed location from indoor to outdoor or vice-versa, or continuing outdoor alone, or from
one place to another of the same jurisdiction, or from one place crossing to another area of jurisdiction.
B. As to Time of Commission
1. Daytime Crime Scene.
This type of crime scene refers to a crime committed from sunrise to sunset.
2.Nighttime Crime Scene.
This type of crime scene refers to a crime committed from sunset to sunrise.
Crime Scene Investigation (CSI)

It refers to a comprehensive inquiry of a crime scene by conducting systematic procedure of various investigative methodologies
which involve recovery of physical evidence and testimonial evidence for the purpose of identifying the witnesses, and arrest of
perpetrator(s) for prosecution. CSI shall technically commence upon the arrival of the First Responders (FRs) and conclude with the
lifting on the security cordon and release of the crime scene by the Investigator on Case (1OC), (PNP SOP Number ODIDM-2011-008,
p. 2).
Procedures to be followed if crime incident is reported

If a report of a crime incident is received, the identity of the person who reported is noted, to include his/her address, personal
circumstances and possibly contact number. Further, responding officers shall take note of the following:
1. The Means of the Report. This is either personal appearance, by phone or any other means.
2. The Time of the Report. The exact time of the report, the hour and the minute should be recorded.
3 The Receiver of the Report. The identity of the one who received the report.
4 The Time of Dispatch. The time when the desk officer dispatches the investigator/s should also be recorded recorded, together with
the names of the investigator, with the means of transportation used, either by mobile car, taxi
or other means.
All the above facts together with the time of arrival at the crime scene will form part of the investigation report to be submitted
by the investigator.
Debriefing of Initial Responders

Debriefing of the initial responders seeks to answer the following question
1. What is the scope and nature of the scene?
2. What actions or alterations had been taken or noted by first responders (including EMS)?
3 What is the status of involved parties?
4. What level of security had been established and what further security actions are required?
The observations of the first people who witnessed a crime may not always be accurate, but they give the team a point to start
with. Responding officer should be reminded of the importance of documenting his/her findings, actions, and observations in the initial
police report.
What is the scope of the Crime Scene?

In order to establish the extent of the crime scene, investigators should re-access the scene boundary after debriefing. They
must use the same criteria as the initial officer such as:
a. Primary focal points;
b. Avenues of entry or exit; and
C. Secondary scenes
Based on experience, they may recognize minor nuances that require expanding the perimeter. Also, the investigators should
explain changes to the initial responding officer (if still on scene) as a mechanism of developing that officer's knowledge and experiente
base.
Duties of Crime Scene Responders

The following are the specific assigned responsibilities of crime scene responders:
1. Team Leader (Officer-in-charge).
The one who directs the processing of the crime scene.
2. Assistant Team Leader.
The one who implements or executes the order/s coming from his/her superiors.
3. Photographer.
The one who takes photographs of all pieces of evidence that are relevant to the crime committed.
4. Sketcher.
The one who makes sketches of the immediate, background and inside the scene of the crime.
5. Master note taker
The one who writes down in short hand all observations at the crime scene such as: weather condition, time of dispatch and time
of arrival at the crime scene and other relevant data that should be noted.
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6. Evidence Man.
The one in charge in the collection, preservation, tagging of the articles of evidence found at the crime scene.
7. Measurer.
The one who makes all relevant measurements of the scene such as: the distance of the body of the victim
to the firearm used; in motor vehicle collision, the distances of the two vehicles to the points of references.
8. Security.
They are tasked to protect the crime scene before, during and immediately after release of the crime scene.
9. Driver.
This refers to any personnel assigned to operate the mobile car during response.
Equipment in Crime Scene Responding

Responding to a crime scene requires the following equipment:
1. Searching Tools -like flashlights, magnifier, etc.
2 Sketching Instruments
a. Measuring Devices - Ilike compass, steel tape, ruler etc.
b. Recording Material like chalk, graphing paper, sketching pad, clipboard, paperboard, etc.
c. Collection of Evidence- such as cutting fliers, knife, screw device, dropper, forceps, fingerprinting equipment,etc.
3. Preserving Materials
a. Container- like bottles, envelopes, test tubes, pins, thumbs tacks,etc
b. Label and Seal (evidence tags)-like gummed labels, sealing wax, grease pencil, etc.
Contamination Control
Once the crime scene team is confident of the scene scope, the team should act to further isolate the crime scene. Initial
perimeters are often a single barrier, leaving little if any buffer between the crime scene and the on-10OKers,
Single Barrier Perimeter

A single barrier is fine tor initial purposes. It does not provide a sufficient buffer for long term scene effort.
Multi-level Containment
Multi-level containment involves two barriers which creates three areas of access. This keeps support police out of the actual
scene and others at a safe distance. They are the following
1. Inner Scene.
It is the actual crime scene, where only authorized investigators and crime scene technicians operate.
2. Working Area.
It is an area surrounding the inner scene where other support police may enter, and equipment is staged and evidence is brought
to.
3 Outer Area.
It is everything on the outside of the second barrier, where on-lookers, media and others may gather
Managing Access to the Scene

Once the perimeter is established, a decision must be made on how the team will manage access to the scene. This involves
identifying actual access points for the team and establishing entry control points. Determining how to access the scene isn't always
difficult but it isn't always simple either.
Access Points to the Scene

Determining how to access the scene is a function of three factors
1. What avenues of approach or exit did the offender use?
2 Will these points expose operations to media scrutiny?
3. What avenues of approach are available? (WPD Investigator's Handbook, 2006)
Entry Control Log

The scene often requires multi-level containment, With several perimeters, Entry Control logs can certainly be used at any
perimeter, but they become a hindrance to operations. The inner perimeter (the true crime scene) requires an entry control log.
The entry control log keeps track of who entered the scene, when, why and when they left. It serves to validate scene integrity.
Crime Scene Team Approach

1. By area - single group of investigators is responsible for all activity in the scene.
2. By function specific groups are formed to handle different scene processing aspects (e.g. photo team, sketch team, latent team). In
normal scenes, custom and size of the organization will often determine the approach. In complex Scenes, issues of sIze or resources
may require| the organization to alter its approach. Lack of equipment resources to handle multiple scenes, may force a functional
approach. If equipment resources are not issues but size is; area teams may be necessary to handle small zones with a
larger scene. The need for specialty examinations on scene may force a functional approach.
Managing the Crime Scene Team

Proper management of the crime scene is as follows:
1, Crime scene teams have to man properly.
2. It is difficult to manage crime scene activity It the teams are under staff.
3 Different stages of the processing methodology demand different levels of minimum manning
4. Photography team requires two individuals such as
a. One who operates the camera.
b. The other maintains the photo log and assists the first one
5. Sketch team requires three individuals such as
a. One that takes measurements.
b. One who annotates the sketch and takes notees.
C. In a pinch, two can do the job, but be careful as notes and measurements get mIxed up.
6. Evidence collection team requires two individuals such as
a. One who physically collects the items; and
b. The other maintains the evidence log.
7. Search team is a matter of circumstance, but always requires a minimum of two individuals. No two people perceive in the same
way, so two sets of eyes prevent items from being overlooked (WPD Investigator's Handbook, 2006).
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Crime Scene Search Consideration

The following are factors to consider during the conduct of a crime scene search
1. Ultimately, some form of search must be conducted at the Scene to locate evidence.
2. The particular search pattern chosen is a function of the situation.
3. No matter what search pattern is chosen, the crime scene team must decide on a search swathe size (WPD Investigator's
Handbook, 2006).
PROCEDURE AT THE CRIME SCENE
Upon Arrival at the Crime Scene
a. Record time/date of arrival at the crime scene, location of the scene, condition of the weather, condition and type of lighting
direction of wind and visibility
b. Secure the crime scene by installing the crime scene tape or rope (police line)
c. Before touching or moving any object at the crime scene determine first the status of the victim, whether he is still alive or
already dead. If the victim is alive the investigator should exert effort to gather information from the victim himself regarding the
circumstances of the crime, while a member of the team or someone must call an ambulance from the nearest hospital. After
the victim is remove and brought to the hospital for medical attention, measure, sketch, and photograph. Only a coronal or a
medical examiner shall remove the dead body unless unusual circumstances justifies its immediate removal.
d. Designate a member of the team or summon other policemen or responsible persons to stand watch and secure the scene,
and permit only those authorized person to enter the same.
e. Identify and retain for questioning the person who firs notified the police, and other possible witnesses.
f. Determine the assailant through inquiry or observed him if his identity is immediately apparent. Arrest him if he still in the
vicinity.
g. Separate the witnesses in order to get independent statements.
Recording - As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been processed through notes,
sketches and photographs, with proper measurements.
Searching for Evidence
a) A general survey of the scene is always made, however, to the location of obvious traces of action, the probable entry and exit
points used by the offender(s) and the size and shape of the area involved.
b) The investigator examines each item encountered on the floor, walls, and ceiling to locate anything that may be of evidentiary
value. You should:
i. Give particular attention to fragile evidence that may be destroyed or contaminated if it is not collected when
discovered.
ii. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise.
iii. Ensure that the item or area where latent fingerprints may be present is closely examined and that action taken to
develop the prints.
iv. Carefully protect any impression of evidentiary value in surfaces conducive to making casts or molds. If possible,
photograph the impression and make a cast or mold.
v. Note stains, spots and pools of liquid within the scene and treat them as evidence.
vi. Treat as evidence all other items, such as hairs, fiber, and earth particles, foreign to the area in which they are fund –
for example, matter found under the victim’s fingerprints.
vii. Proceed systematically and uninterruptedly to the conclusion of the processing of the scene. The search for evidence
is initially completed when, after a thorough examination of the scene, the rough sketch, necessary photograph and
investigative note have been completed and the investigator has returned to the point from which the search began.
Further search may be necessary after the evidence and the statements obtained have been evaluated.
c) In large outdoor areas, it is advisable to divide the area into strips about four (4) feet wide. The policeman may first search the
strip on his left he faces the scene then the adjoining strips.
d) It may be advisable to make a search beyond the area considered to be immediate scene of the incident or crime. For
example, evidence may indicate that a weapon or tool used in the crime was discarded or hidden by the offender somewhere
within a square-mile area near the scene.
e) After completing the search of the scene, the investigator examined the object or person actually attacked by the offender.
Methods of Crime Scene Search
A. Strip Search Method In this method, the area is blocked out in the form of a rectangle. The three (3) searchers A, B, and C
proceed slowly at the same place along paths parallel to one side of the rectangle. When a piece of evidence is found, the
finder announces his discovery and the search must stop until the evidence has been cared for. A photographer is called, if
necessary. The evidence is collected and tagged and the search proceeds at a given signal. At the end of the rectangle, the
searchers turn and proceed along new lanes.
B. The double strip or grid method of search is a modification of the Strip Search Method. Here, the rectangle is traversed first
parallel to the base then parallel to a side.
C. Spiral Search Method - In this method, the three searchers follow each other along the path of a spiral, beginning on the
outside and spiraling in toward the center.
D. Zone Search Method - In this method of search, the area is considered to be approximately circular. The searchers gather at
the center and proceed outward along radii or spokes. The procedure should be repeated several times depending on the size
of the circle and number of searchers. One shortcoming of this method is the great increase in the area to be observed as the
searcher departs from the center.
Collecting Evidence. This is accomplished after the search is completed, the rough sketch finished and photographs taken. Fragile
evidence should be collected as they are found. All firearms (FAs) found to have tampered serial numbers (SNs) shall be automatically
subjected to macro etching at the Philippine National Police Crime Laboratory (PNP-CL). A corresponding report to the Firearms and
Explosive Office (FEO) must be made for verification purposes. In the collection, the investigator should touch the evidence only when
necessary.
Removal of Evidence. The investigator places his initials, the date and the time of discovery on each item of evidence and the time
discovery on each item of evidence for proper identification. Items that could not be marked should be placed in a suitable container
and sealed.
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Tagging or Evidence. Any physical evidence obtained must be tagged before its submission to the evidence custodian.
Evaluation of Evidence. Each item of evidence must be evaluated in relation to all other evidence, individually and collectively.
Preservation of Evidence. It is the investigator’s responsibility to ensure that every precaution is exercised to preserve physical
evidence in the state in which it was recovered/obtained until it is released to the evidence custodian.
Releasing the Scene. The scene is not releases until all processing has been completed. The release should be effected at the
earliest practicable time, particularly when an activity has been closed or its operations curtailed.
Sketching Crime Scenes.
Pointers to Consider:
a) To establish admissibility, the investigator must have had personal observation o the data in question. In other words, the
sketch must be sponsored or verified.
b) REMINDER: Sketches are not a substitute for notes or photos; they are but a supplement to them.
c) Types of sketches: Floor plan or “bird’s-eye view”; Evaluation drawing; Exploded view; and Perspective drawings.
d) Write down all measurements.
e) Fill in all the detail on your rough sketch at the scene. Final sketch may be prepared at the office.
f) Keep the rough sketch even when you have completed the final sketch.
g) Indicate ht North direction with an arrow.
h) Draw the final sketch to scale.
i) Indicate the PLACE in the sketch as well as the person who drew it. Use the KEY – capital letters of the alphabet for listing
down more or less normal part sof accessories of the place, and numbers for items of evidence
j) Indicate the position, location and relationship of objects.
k) Methods or systems of locating points (objects) on sketch
 Rectangular coordinates. (Measurements at right angels from each of two walls)
 Coordinates constructed on transecting base line. Choose relatively fixed points for your baseline.
 Triangulation. (Measurements made from each of two fixed objects to the pint you want to plot or locate so as to form an
imaginary triangle. Sketch will show as many imaginary triangles as there as object plotted).
l) Two (2) investigators should check critical measurements, such as skid marks.
m) Measurements should be harmony; or in centimeters, inches, yards, meters, mixed in one sketch.
n) Use standard symbols in the sketch.
o) Show which way doors swing,
p) Show with arrow the direction of stairways.
q) Recheck the sketch for clarity, accuracy, scale, and title key.
GENERAL TYPE OF SKETCH
Rough Sketch- made at the crime scene, no scale, proportion ignored and everything is approximate
Finished Sketch- for courtroom presentation, scale and proportion are strictly observed.
Kinds of Sketch
1. Sketch of locality gives a picture of the crime scene in relation to its environs including neighboring buildings, roads, etc.
2. Sketch of grounds includes the crime scene and its nearest environment, ex a house w/ a garden
3. Sketch of details describes the immediate crime scene only.
SCENE OF CRIME OPERATION (SOCO)
Composition of SOCO Team
The SOCO team is composed of but not limited to the following depending on the nature of the case:
1. Team Leader
2. Assistant team leader
3. Photographer and photographic log recorder
4. Sketcher and Evidence Recorder
5. Evidence Recorder
6. Evidence Recovery Personnel
7. Driver/Security
Personnel Functions and Responsibility
1. Team Leader
a. Assume control of the crime scene. Ensure the safety of personnel as well as the victim and offenders caught in the scene
and secure the crime scene from kibitzers.
b. Conduct initial survey of the crime scene for evaluating potential evidence and narrative description of the place.
c. Determine search patterns to be used and designate assignments to evidence gatherer.
d. Designate command post location in or near the crime scene and insure exchange of information between searcher and
investigator.
e. Coordinate with other law enforcement agencies for the security of the victims, offenders/suspects and the scene of the
crime.
f. Ensure that sufficient supplies and equipments are made available for personnel involved in SOCO.
g. Control access to the scene and designate personnel. To log persons entering the place and remove Kibitzers in the area,
h. Continuously reevaluate efficiency of the search ensure and that all places are searched properly.
i. Release the crime scene to the investigators handling the case
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2. Assistant Team Leader

a. Shall assist the team Leader in all his functions and responsibilities.
b. Assume/takeover the responsibilities of the Team leader in his absence
3. Photographer and photographic log recorder:

a. Photograph the entire area of the crime scene with overall medium and close-up coverage using appropriate scale.
b. Photograph victims, suspects/offenders arrested in the scene.
c. Photograph all evidences before collection.
d. Photograph all latent Fingerprints, impressions before lifting or casting is made. Likewise, photograph blueprints map and
other items
e. Prepare photograph log photographic sketch.
4. Sketcher:
a. Perform all sketches necessary during the crime scene processing.
5. Evidence Recorder/Custodian:
a. Prepare evidence recovery log and accomplish chain of custody of evidence.
b. Conduct packaging, preservation and transportation of gathered evidence to the Crime Laboratory.
c. Coordinate evidence nomenclature with sketcher, photographer and evidence gatherer.
d. Receive and record all evidence recovered.
e. Maintain custody and control of evidence
f. Observe the proper custody of evidence
g. Coordinate transmittal of evidence to case investigator or to Crime Laboratory per agency guidelines.
6. Evidence Recovery Personnel:

a. Have significant evidence photograph before it is collected.
b. Keep team leader always apprised of significant evidence located.
c. Initial and date all evidence and turn it over to the evidence recorder/custodian after noting where the item was located.
d. Coordinate evidence nomenclature with evidence recorder/custodian and sketch prepared.
e. Ensure that appropriate safety measures are adhered to especially with respect to proper clothing including gloves.
Equipment
1. Basic Equipment - Crime Scene tape or Rope (Police Line), Measuring device e.g. ruler and measuring tape, Recording
materials e.g. chalk, sketcher and paper pad, Camera with film, Video camera or tape recorder, Evidence collection kit,
Flashlight
2. Evidence Containers - String tags-large and small, Evidence tape or masking tape, Roll of manila paper for wrapping, Plastic
gallon, ½ pint bottles/vials-plastic and glass, ¼ pint bottles/vials-plastic glass, Absorbent cottons, Rolls of fingerprint tape,
Plastic bags-different sizes, Paper bags-different sizes
3. Tools - Pair of scissors, Knife-heavy duty and folding knife, Adjustable wrench, Pliers, Wire cutter, Complete screw driver set,
Saw, Hammer, Ax of hatchet, Shovel, Fingerprint magnifier, Nylon brush, Magnet, Spatula, Box of plaster of Paris for casting
or lifting foot marks, Goggles, Sifting screen, Funnels of different sizes, Ladder, Hand lens of magnifier, Weighting scale,
Vernier caliper and micrometer, Scalpels
4. Evidence Gathering Equipment - Rubber glove and cotton, Box or filter, White cotton sheet, Cotton balls and swabs,
Fingerprint car, data card and ink cards, Photo data card, Black and white latent print lifting cards, Rolls of lifting card,
Complete magna brush kit, Complete dusting kit, Heavy duty rubber lifters, Camera whit no wide angel, normal and macro
lens, Arson kit, Casting and molding kit, Electric engraver
5. Miscellaneous - Rubber bands, Pencil, ball pens, pentel pen-different color, Chalks, Permanent flat marker, Eraser, Stapler
with extra staple, Assorted paper clip and binders, Notebooks, paper pads, sketch pads and drawing pads, Drawing compass,
Clippers, Magnetic directional compass, Carbon papers and coupon bonds.

Lesson Five: Interview and Interrogation

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1

LESSON FIVE: INTERVIEW AND INTERROGATION

The Person Interviewed (Consider the following)

a) His ability to observe.

b) His ability to remember

c) His ability to narrate.

d) His mental weakness because of stupidity or infancy

f) Emotional weakness resulted by family problems, hatred, revenue, and love.

INTERVIEWER'S PERSONAL TRAITS

b) He has a sincere interest in people.

c) He is clam, has self-discipline, and keeps his temper.

d) He is courteous, decent and sensitive.

g) He is forceful, persistent and patient. Some people just cannot be rushed.

i) He is flexible and cautious.

j) He is a good actor and can conceal his own emotion.

l) he keeps the rules of evidence in mind.

STEPS IN CONDUCTING INTERVIEW

In planning the interview, the interviewer should consider:

a) The facts of the case which have been established so far.

b) The information needed to complete the picture

d) The possibility of confronting the suspect with physical evidence .

e) The time available for the interview.

f) The time allowed by law.

Time, Place and Surrounding Circumstance.

e) Arrange it so that there will be no interruption during the interview.

g) If are two interviewers, let one man be the prime interviewer.

Opening the Interview.

The Body of the Interview.

(i) This allows for continuity and clearness.

(ii) Range of interview is broadened.

b) Do not ramble. Have a reason for every question asked.

d) Exhaust each topic before moving on to the next.

e) Determine the basis for each material statement. It might be a hearsay.

j) As a rule, avoid trick or bluffing questions.

b) To obtain a confession to the crime from a guilty suspect.

c) To induce the suspect to make admissions.

d) To know the surrounding circumstances of a crime.

f) To learn the identity of accomplices

g) To develop information which will lead to the fruits of the crime.

h) To develop additional leads for the investigation

THE INTERROGATION ROOM

THE MAIN PURPOSE OF INTERROGATION

Sec. 3, Rule 133, Rules of Court state that:

Sec. 2, RULE 129 RULES OF COURT

LESSON SIX: INFORMATION

TWO GENERAL CLASSIFICATIONS OF SOURCES OF INFORMATION

2. Close Sources – 1% of info from close sources.

Open Sources: Includes information taken from

ü Enemy activity – POW – Civilians - Captured documents

ü Map - Weather, forecast, studies, report - Agencies

Close Sources: are information usually taken through:

ü Employment of technical means (Bugging and Tapping device)

ü Observation and Description

Other sources of Information: Overt and Covert

ü Routine patrol and Criminal investigation

ü Use of informants and Interrogations

ü Search and seizures and Cordon and scratch

ü Checkpoints and Police public relations activities

ü Coordination with law enforcement agencies