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Cdi 3

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SPECIALIZED CRIME INVESTIGATION WITH INTERVIEW AND INTERROGATION (CDI 3)

CRIME DETECTION - it is an operation focused on the discovery, identification and analysis of


criminal evidence as a means of law enforcement.

CRIMINAL INVESTIGATION - collection, and analysis of facts/truths about person, things,


places, subject to identify the guilty party, locate the whereabouts of the guilty party and provide
evidence to establish his guilt.

TOOLS IN CRIMINAL INVESTIGATION


● INFORMATION - data gathered from another person, the victim and other records such
as public records, private records, Modus Operandi File.
● INTERROGATION - skillful questioning of witnesses and suspects.
● INSTRUMENTATION - scientific examination of real evidence, application of
instruments and methods of the physical sciences in detecting crime such as
microscope, fingerprint and others.

THREE-FOLD AIM OF CRIMINAL INVESTIGATION


1) To identify the guilty party.
2) To trace and locate the guilty party.
3) To provide evidence of the suspect’s guilt.

FIVE FUNCTIONS OF CRIMINAL INVESTIGATION


1) Identification/Recognition of information and evidence.
2) Collection/Gather of information and evidence.
3) Preservation/Keeping of information and evidence.
4) Evaluation/Processing of information and evidence.
5) Presentation of information and evidence.

MODES OF INVESTIGATION
● REACTIVE RESPONSE - crimes that have already occured.
● PROACTIVE RESPONSE - anticipates/prevents criminal activity.
● PREVENTIVE RESPONSE - arresting the criminal or the offender.

Trichotomy of criminal investigation - three vital elements must be considered: training, tools
and technique.

1. Training refers to the academic and technical preparations of criminal Investigators


2. Tools refers to the devices and equipment used in criminal investigation
3. Technique is more on the unique means and processes applied in dealing with varied crimes
and incidents
THE LEGAL ASPECT OF CRIMINAL INVESTIGATION

At the heart of the criminal investigative process is the RULE OF LAW. As it applies to
the duties of the investigator, the rule of law dictates what officers can and cannot do while
performing their duties. The law governs not only such functions as the arrest and interrogation
of suspects, but also the manner in which investigators deal with the searching, seizing, and
handling of evidenceThe following are some legal doctrines in criminal law basically used in
criminal investigation:
1. Exclusionary Rule - In 1914, in Weeks Versus USA, the US Supreme court decided a rule
that federal courts may not accept evidence obtained by unreasonable search and seizure,
regardless of its relevance to a case.

2. Fruit-of-the-Poisonous-Tree Doctrine - provides that evidence obtained as a result of an


illegal operation must be excluded from trial (Mapp vs Ohio, as earlier stated).

3. Terry vs. Ohio - the doctrine of stop and frisk. It is also known as Terry Search.

ROBBERY/THEFT INVESTIGATION

A) ROBBERY
- it is committed by any person, who with intent to gain, shall take personal
property belonging to another, by means of violence or intimidation of any person, or using force
upon things. (Art. 293, RPC)
THEFT

CLASSIFICATION OF ROBBERY
a) Robbery with Violence Against Person
b) Robbery with Intimidation against Person
c) Robbery with Force upon Things

FORMS OF SAFE-BREAKING METHODS

1. Rip Job Method- the required tools are electric drill and crowbar. A hole is
made in the upper or lower left hand corner of the door.
2. Punch Job Method- the dial is first knocked off the safe with a hammer and spindle is
punched back with center punch and mallet; small sockets are broken allowing the release of
the lock.
3. Chopping Method- the safe is turned upside down and bottom is chopped out.
4. Burning the Safe- use of acetylene.
5. Carry-out the safe- the safe is simply physically remove from the house and
carried to another place.
6. Touch or Combination- some cashier may keep the combination number at
the inside cover of a ledger or paste it on the side of a drawer.
INVESTIGATION OF ROBBERIES (of banks, houses, etc.) (based from PNP Field Manual
on Investigation of Crimes of Violence and Other Crimes)

a. Find out as much as possible about the crime before going to the scene and upon arrival.
b. Overview. Take your bearings at the crime scene so that you get a rough picture of the area
and
c. Start keeping an action log.
d. Cordon off the area or extend the existing cordon if necessary. The perpetrator's route to and
from the scene may need to be cordoned off as well.
e. Make sure that a list is made of the people who enter the crime scene.
f. Pause for thought and start planning. This is where the crime scene analysis starts.
g. Note down your observations continuously. It is a good idea to use a tape recorder.
h. Take a general photograph of the crime scene. Film the scene with a video camera.
i. Search for and collect evidence, objects and reference samples etc. outdoors.
j. Search for and collect evidence, objects and reference samples etc. indoors
k. Take photographs continuously. Photograph all the evidence before it is collected. If possible,
engage a photographer for specialized trace evidence photography.
l. If the robbery was video/filmed (CCTV), view the video to see where evidence might be found.
m. Seize any video recordings and films in still cameras.
n. Draw a sketch. Mark the places where trace evidence and reference samples are collected.
o. Write a continuous seizure report.
p. Find out whether the proceeds of the robbery included bait money
q. Check the crime scene before you leave it. Make sure that you have not forgotten anything
important, such as interrogation reports, memos, equipment etc.

ENTRY ROUTE
After a robbery, it is important to investigate how the offender got in. It is important to
find the entry route, which is not necessarily a door. Look at the building from the outside and try
to find traces of a break-in or other damage to doors or windows. Check the function of the lock
and check whether there are any pick marks.

ASK THE VICTIM


Find out from the victim what has been stolen and where there are traces of objects
being moved by the perpetrator. That is the place to look for trace evidence. Latent footwear
prints

LATENT FOOTWEAR PRINTS


Paper on the floor is always of interest since there may be latent footwear prints on it.
Collect all paper and then look for footwear prints on the paper at your unit or send the papers
to the Crime Laboratory for examination. There may also be latent footwear prints on desk pads,
chair seats, etc. The checklists are only meant as a guide and not as a substitute for critical
thinkingIn some cases certain items can probably be left out, while others must be added.
COLLECTION OF EVIDENCE - Look for the following types of evidence in connection
with robberies.

a. Hair e.g. robber's hood, near entry point


b. Video film, still film
c. Tool marks near point of entry, on cupboards that have been broken open
d. Footwear and glove prints, tyre marks indoors and outdoors
e. Blood and saliva e.g. bloodstains, saliva in robber's hood, cigarette-ends
f. Weapons, bullets and cases
g. Fingerprints near point of entry etc.
h. Glass and paint windows, safes, near point of entry
i. Fibres
j. Explosives in connection with safe-breaking

B) THEFT
- is committed by any person who, with intent to gain but without violence against
or Intimidation of persons nor force upon things, shall take personal property of
another without the latter's consent. (Art. 308, RPC)

Theft is likewise committed by:


1. Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another, shall remove or
make use of the fruits or object of the damage caused by him; and
3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which
belongs to another and without the consent of its owner, shall hunt or fish upon the same or
shall gather cereals, or other forest or farm products.

Classes of Thieves and their Modus Operandi

1. AUTOMOBILE THIEVES

a) Youths who steal an automobile for joy-riding and abandon the car after it has served the
purpose.
b) Man who are stranded a considerable distance from their homes and are without carfare or a
conveyance.
c) Person under the influence of alcohol
d) Bandits who steel cars for use in committing other crime, usually hold-ups.
e) Out-and-out automobile thieves who steal and sell automobile or their spare parts as their
sole means of livelihood.

2.SNEAK THIEVES

a. Office Sneaks - are characterized as:


1) Fake messengers
2) Middle-aged persons
3) Well dressed persons
4) Snappily dressed persons

b. Bank Thieves

1) Classes
a) Those who pretend to act as facilitators for the release of loans or cash
withdrawals
b) Those who loiter around for the purpose of picking up articles put down by
persons making deposits, etc.

2) Methods
a) Generally work in terms of three
b) Use hooked wire to "fish paper bills
c) Pick up money or handbags lying on counter
d) Dishonest employees

c. Dishonest Employees
Methods
a) Obtain employment by using false name
b) Omit recording payments of bills
c) Collusion with customers

d. Hotel Thieves
1) Classes
a) Bogus or ostensible guests of either sex
b) Registered guests who play their trade in hotels
c) Dishonest bell-boys and chambermaids
d) Other hotel employees

2) Methods
Sneaks into occupied rooms when occupants are out and steals valuable things
lying loose.

e. Dishonest Servants
Methods
a) Obtain employment by giving false name and address
b) Steal one article at a time so as not to create suspicion

f. Shoplifters
Methods:
a) Enter stores for either legitimate or ostensibly legitimate purpose
b) Two or three in a team coordinating activities
c) Generally with bulky packages or bags

g. Baggage Thieves
1) Classes
a) Fictitious baggage boys
b) Well-dressed young man

2) Methods
a) Loiter mostly around railroad and bus stations.
b) Act as passengers and sit beside persons who put their bags or package beside
them or on the floor.

h. Snatchers
1) Classes
a) Young boy
b) Active men

2) Methods
a) Operate in business and shopping districts
b) Loiter on the street until they observe the approach of a woman with a handbag,
snatch it from her hand and run.
c) These thieves also snatch pocketbooks, bags and purses from automobiles
stopped by traffic lights just as the cars start with the GO signal.

3. PICKPOCKETS

a) Bumping Method
1. Places of operation are crowded alleys or streets, theaters and bus/train
terminals.
2. This method require two (2) to a team.

Methods
a) One of the pickpockets bumps the intended victim
b) His confederate immediately sign into the victim's pocket
c) The first pickpocket either apologizes profusely to or blames the victim after his
confederate has moved away.

b) Cardboard Method
1. Place of operation is any crowded street
2. The pickpocket is usually a lone operator

Methods
The pickpocket carries a piece of thin cardboard or oiled paper with some packages (in case of
a girl, the cardboard protrudes from among her books, shoves the edge toward the pocket of the
victim catching the clip of his fountain pen, then pushes the cardboard upward carrying the
fountain pen and moves away nonchalantly.

c) Drop-Coin Method
1. Places of operation are jitneys and buses
2. Number of pickpockets involved three (3) or more

Methods
a) One of the gangs sits beside, the other two in front of the intended victim
b) The one confronting the intended victim engages the latter in conversation
subsequently pulls out his handkerchief or other object from his pocket spilling
several coins on the floor near the feet of the victim
c) While the victim yields to the impulse to help the poor fellow retrieve his coins,
the pickpocket sitting beside the victim dips his hand into the pocket of the latter
and helps himself to valuables such as fountain pen wallet or watch
d) The third member of the gang pretends to help in retrieving the coins or may
assault the victim if he gets wise to the act before it is accomplished.

d) Lighted Cigarette Method

1. Place of operation is any crowded place


2. Number of pickpockets involved two (2) or more

Methods
a) One pickpocket pushes the lighted end of a cigarette at the hand or arm of the
victim making it appear accidental
b) The confederate with a keen sense of coordination, picks the pocket in a split-
second, well-timed action

e) Newspaper Method
1. Places of operation are streets or alleys, bus or train terminals, jitneys and buses
terminals
2. Usually one pickpocket, ranging from 9-15 years of age, operated along this line.

Methods
a) A pickpocket acting as newsboy offers a newspaper to the victim in such a
manner as to shield his left or right hand
b) While the victim is engrossed in the day's headlines, the newsboy picks his
pocket

f) Slashing Method
1. Department stores, bargain centers, crowds, churches and markets are the
locale for this operation
2. Number of pickpockets involved - three (3) or more

Methods
a) No1 pickpocket stays on the side of the intended victim
b) No. 2 blocks the victim from behind
c) No. 3 starts to slit open the victim's bag with a safety razor
d) When the victim gets wise to the act before it is accomplished, No. 1 and 2 apply
all delaying tactics on the victim until No. 3 gets away safely.

g) Squeeze Method
1. Places of operation - crowded avenues or streets, theaters, bus terminals,
churches, race tracks and cockpits.
2. Number of pickpockets involved - three (3)

Methods
a) Two members of the gang suddenly sandwich the victim from behind or from the
front
b) Victim's immediate attention is concentrated on the insolence; the pickpockets
apologize for the incident or blame the victim for it
c) The third member following from behind works on the victim's hip pocket while he
is in such an unbalanced state.

SUGGESTED INVESTIGATIVE PROCEDURES


1. Establish the date and hour when the Theft case was committedIf unknown, the hour
when the object was last seen or the hour of the discovery of the Theft.
2. Get a complete list and full description of properties lost from the testimony of witnesses
as well as its location before it was lost/stolen.
3. Identify the person who discovered the loss and the witnesses to the discovery
4. Make a list of persons who know the location of the property lost who knew the
existence of the same, who has access to the property and the persons safeguarding
the same, like security guards and responsible employees
5. Establish the movements of these persons listed and the absentee in a commercial
establishment during the loss.
6. Determine the true owner of the property, person having possession at the time of their
proof of ownership, custody of responsibility or possession.
7. Estimate the value of the lost properties.
8. Get a number of suspects named by the owner or other person and include them as
suspects.
9. Reconstruct the crime scene mentally or physically as to the method of operation,
means of access to the building, modus operandi, etc.
10. Determine the character of the lost properties in relation to their salability to buyers of
stolen goods, other uses, and convertibility to another good
11. Interrogate suspect/s on the following points:
a) Detailed activities prior and subsequent to the commission of Theft
b) The time at which he last saw the properties lost.
c) The time at which he was last near the location of the property lost
d) The name of person/s who can verify his alibi
e) His past and present financial circumstances such as indebtedness, investments,
purchases, etc.
f) His relationship with the owner of the property.

12. Record the following information

a) Previous Theft complaints made by the victim


b) History of periodic or systematic thefts
c) Name of employees with police records
d) Personal background of the suspect/s.

13. Interview the building employees and others who may have observed persons
approaching the area containing the property lost at unusual times or in a peculiar manner.
14. Finally, gather physical evidence such as latent fingerprints, shoe prints, articles of
clothing or similar traces at the crime scene.

CRIME SCENE INVESTIGATION

It is the conduct of processes, more particularly the recognition, search, collection,


handling, preservation and documentation of physical evidence to include the identification and
interview of witnesses and the rest of suspect/s at the crime scene.

Crime Scene
- It is the place or location where the crime was alleged to have been committed or
It pertains to the specific location of the commission of the crime.

WHAT CONSTITUTES A CRIME SCENE?


a. The crime scene can be understood to include all areas in which the criminal,
any possible victim and any eyewitnesses moved during the time the crime was
committed.
b. The boundaries must be established so that the entire crime scene can be
effectively preserved.
c. In some crimes, however, the crime scene may actually comprise several
different sites.

Receipt of report of a crime incident - The desk officer shall:


- record the date and time the report/complaint was made, the identify of the
person who made the report, place of the incident and a synopsis of the incident.
- Inform his superior officer or the duty officer regarding the report.

Composition of CSI TEAM


- Team Leader
- Evidence collectors
- City or municipality/health Officer Crime Photographer
- Sketcher/Measurer
- Evidence custodian/security office
- Security and Protection of Crime Scene

STAGES OF CRIME SCENE INVESTIGATION


There are three stages in crime scene investigation. Further discussions of these shall be done
on latter chapters particularly under the SOCO and CSI sub-titles.

A. PRESERVATION OF THE CRIMES SCENE - this can be done by:


1. physically isolating,
2. securing the area (assigning of sentinels), or
3. using the police line.

B. PROCESSING OF THE CRIME SCENE:


1. Documentation - record/photograph/sketch, etc.
2. Crime Scene Search - for pieces of physical evidence such as objects, fluids,
impressions etc.
3. Marking, handling, tagging of physical evidence

C. PRESERVATION OF PHYSICAL EVIDENCE - Observe the proper chain of custody and


security in transmitting and transporting evidence.

The Apprehension Process: Part of crime scene investigations is the apprehension of the
perpetrator if he or she is still around. If this happens, the following is usually the process:
1. A crime is reported, discovered or detected
2. The police responds.
3. A search for the perpetrator is conducted.
4. Suspects are identified and checked out.
5. Pieces of evidence are collected to support a charge.
6. The primary suspects are finally arrested.
SKETCHING THE CRIME SCENE:

SKETCH - is the simplest and the most effective way of showing actual measurements and of
identifying significant items of evidence and their location at the scene.

General Kinds of Sketch:

1. ROUGH SKETCH - made by the Investigator at the crime scene. Scale and proportion is
ignored and everything is approximated. It is to be used as a basis of a finished sketch.
2. FINISHED SKETCH - made primarily for courtroom presentation. Scale and proportion
observed.

Specific Kinds of Sketch:


1. SKETCH OF LOCALITY- gives a picture of the scene, the crime and its environs, such Items
as neighboring buildings, roads leading to the location or house, etc. In arson cases, the sketch
of locality is of great value as an aid in determining whether the fire was caused by nearby
inflammable property.
2. SKETCH OF GROUNDS - pictures the scene of the crime with its nearest physical
surroundings, l.e. house with a garden, plan of one or more floors in a house.
3. SKETCH OF DETAILS describes immediate scene only.

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