Specialized Crime Investigation 2:

With Simulation on Interrogation and Interview

CHAPTER 1
ETYMOLOGY, CONCEPTS AND TYPES OF INVESTIGATION

INTRODUCTION

Special Crime Investigation deals with the study of major crimes based on the
application of special investigative techniques. The study concentrates more on
physical evidence, its collection, handling, identification and preservation in
coordination with the crime laboratory. Special Crime Investigation involves a close
relationship between the prober in the field and the crime laboratory technician.
They work together as a team, reacting to and extending one another's theories
and findings both working patiently and thoroughly to solve a crime from their
investigative discoveries. In the present criminal justice system in our country, the
court relies more on physical evidence rather than extra-judicial confession.

It is worthy to note that investigators on case and crime scene investigators

are two different professions/ functions, from two different departments. In In order
to become a investigator-on-case in the Philippine, you must first be a police officer
and must have undergone rigid training of crime investigation and detection.

To become a Crime scene investigator (CSI) or Scene of the crime operation

(SOCO) in the Philippine setting, you must be a police officer. However, there are
many departments who train their police officers and detectives to be crime scene
investigators, and vice versa. This depends heavily on geographic location and
needs of a particular agency.

Smaller municipalities may have a handful of police officers and even fewer
detectives. Some of them are trained to process crime scenes when needed, but
when a murder case springs up in their community they usually utilize other
impartial law enforcement agencies, like the Crime Laboratory.

MEANING OF INVESTIGATION AND CRIMINAL INVESTIGATION

Etymology of Investigation shows that this term came from the

Latin word INVESTIGARE meaning “to track or look into for traces”.
Ultimately, it was derived from the Latin word VESTIGIUM, which means
“footprint/track”. In the simplest connotation, investigate means to take a
look and see what happened. In a more detailed definition, investigation
means to carry out a detailed examination or inquiry, usually in official
manner, to discover something or somebody.
 INVESTIGATION - is not unique to any law enforcement agencies. In
view of the fact that other professions routinely conduct investigations in
their fields of specialization. Thus, a professional mechanic cannot fix the
damage/engine failure of a car unless he identifies/checks it. Likewise, a
professional doctor must make a diagnosis of the disease before he can
recommend the proper treatment and the cure to their patient.

Criminal Investigation came from the Latin word

“INVESTIGATIONEM” meaning “TO INQUIRE/DISCOVER”. It involves the
systematic process of identifying, collecting, preserving, and evaluating data
or raw facts to produce valuable information for the purpose of bringing a
criminal offender to justice.

A Criminal Investigation is usually conducted by law enforcement

officers who have responsibility to identify, collect, and gather pieces of
evidence at the crime scene for a specific purpose (The collection of facts to
accomplish a threefold aim: a) to identify the guilty party; b) to locate
the guilty party; and c) to provide evidence of his guilt. There shall
be no one processing the crime scene but only the designated criminal
investigator who is equipped with knowledge and skills. First responders'
barricade or cordon the crime scene to protect pieces of evidence or for it
not to be able to be contaminated.

MAIN FIELDS OF CRIMINAL INVESTIGATION

1. Crime Prevention - police operation tasks through program to pre-empt

the commission of any infraction or violation of law. This is known as the first
defense of police work.

2. Crime Investigation - second defense of police work, when all pre-

emptive programs of the organization fail, crime investigation as a function
materializes to address the violation.

NATURE OF CRIMINAL INVESTIGATION:

When a person performs an act that does not conform to accepted

norms of society, questions will be asked. If this act is a crime, the process of
asking questions is the simplest manifestation of criminal investigation.

Criminal investigation is a branch of jurisprudence that uses scientific

theories and principles, including time tested philosophical analysis, to
uncover, collect and process facts then develop information that can lead the
mind of any sensible person to see the truth. Applying practical and scientific
knowledge to solve a crime is, however, sanctioned by rules and protocols.
These rules are integrated in the criminal law. In effect, criminal
investigation entails the enforcement of criminal law with the ultimate
objective of promoting justice.

In the contemporary point of view, the basic nature of criminal

investigation involves the systematic process of
1. identifying facts or information (investigative leads);
2. gathering, sorting then processing facts and information;
3. preserving evidences:
4. evaluation of evidences; and
5. presenting evidences.

THE CONCEPT OF CRIMINAL INVESTIGATION AS AN ART, SCIENCE

AND PROCESS
CRIMINAL INVESTIGATION AS AN ART
Criminal Investigation is an art that deals with the identification and
location of criminal offenders and then proving their guilt through criminal
proceeding. Some authors stressed that criminal investigation is more than
an art rather than a science because it is not governed by rigid rules or
principles. Most often than not, it is governed by intuition, felicity or
inspiration, and to a minor extent, by chance.

CRIMINAL INVESTIGATION AS A SCIENCE

Because it involves the application of knowledge of forensic sciences in
the process of identifying, locating, collecting, processing and/or evaluating
physical evidences.

CRIMINAL INVESTIGATION AS A PROCESS

Criminal investigation involves the systematic process of identifying,
collecting, preserving, and evaluating data or raw facts to produce valuable
information to prosecute a criminal offender that eventually leads to proper
administration of justice. As a process, criminal investigation primarily deals
with information and it should be founded on a systematic plan.

KINDS OF CRIMINAL INVESTIGATION

Generally speaking, there are only two kinds of criminal investigation:
1. Investigation while the suspect is under arrest and detention; and
General Rule: A person arrested by virtue of warrant of arrest is not
covered by criminal investigation and must not be placed under
 custodial interrogation for obvious reason that he is already held
accountable to that particular crime before the court of justice.
Exemption to the Rule:
1. When the person arrested by virtue of a warrant of arrest is
likewise being held for a separate distinct criminal complaint which
is the subject matter of another criminal investigation.
2. When the person arrested by virtue of a warrant of arrest is
charge in court as “Jhon Doe” or “Richard Doe”, and for which
criminal investigation is a necessary incident to establish his real
identity, name surname through cartographic sketches and
available witnesses.
3. A person placed under arrest as an incident to the execution and
implementation of a search warrant found in possession of recently
stolen articles.

2. Investigation while the suspect is “at large”. It means that the suspect
is not under arrest or detention, as distinguished from fugitive from
justice.

The term “at large” is not synonymous to “fugitive from justice”, the
former not being a wanted person in the eyes of the law, and therefore
cannot be lawfully arrested without a warrant. The latter is necessarily an
escapee from detention or an escaped prisoner while serving sentence by
virtue of a final judgment rendered by a court of competent jurisdiction that
can be legally arrested, Rules of Court without the necessity of the court.

As a general rule: in all criminal investigation or proceedings probable

cause must be well established. Without probable cause, police cannot arrest
a person nor avail the issuance of warrant of arrest.
Probable Cause: means the facts and circumstances that would
endanger a well-grounded belief that a crime has been committed and the
person to be arrested has committed it.

THE FOUR PHASES OF CRIMINAL INVESTIGATION

1. The identification of criminal.
- Confession, admission, Eyewitness testimony, Circumstantial evidence
and Associate evidence.
2. The criminal is traced, located, and arrested.
- Locating and apprehending the suspect/s can be done through the use
of informants, by conducting surveillance, and by conducting undercover
assignments.
3. The pieces of evidence to prove the guilt of the accused are gathered.
In proving the guilt of the accused in court, the fact of the existence of
the crime must be established; the accused must be identified and
associated with the crime scene; competent and credible witnesses must be
available; and physical evidence must be appropriately identified. The
investigator must know by heart the elements of a specific crime.
Information, Interview and Instrumentation
4. Pieces of evidence are presented in court.

Components of Criminal Investigation

1. PATTERN - Refers to a series of similarities that may link particular cases
or indicate that the same person is committing a series of crimes.
2. LEADS - These are clues or pieces of information that aid in the progress
of an investigation.
3. TIPS - Specifically refer to leads provided by the citizens that aid in the
progress of an investigation.
4. THEORIES - Beliefs regarding the based on the evidence, patterns, leads,
tips and other information developed and uncover in the case

Trichotomy of Criminal Investigation

1. Training - Being a critical factor in developing good and competent
investigator, is the key to freedom from bandage of ignorance.
2. Tools - To establish facts and develop evidence, a criminal
investigator must use these tools- information, interview, interrogation,
and instrumentation.
3. Technique - Essence of tactical strategy in investigation.

GOALS OF CRIMINAL INVESTIGATION

Generally, the goals of criminal investigation are the following:
1. To determine whether a crime has been committed;
2. To legally obtain information or evidence;
3. To identify persons involved in the crime;
4. To arrest suspects ;
5. To recover stolen properties;
6. To present the best possible case to the prosecutor.

Importance of Criminal Investigation

1. The problem on crimes and criminals should be carefully studied and
provided with solutions.
2. It helps the five pillars of the Criminal Justice system in recognizing and
identifying criminal and provides clues or information in promoting social
justice.
3. An aid in enforcing the laws and the protection of lives and properties.

WHEN DOES CRIMINAL INVESTIGATION COMMENCE?

1. Upon receiving a report from a concerned citizen, witnesses;
2. Upon receiving a report from the offended party;
3. Personal knowledge that crime was committed.

THE CRIMINAL INVESTIGATOR

Criminal Investigator is a law enforcement officer who are trained,
disciplined and experienced to conduct criminal investigation and the one
who carry the objectives of criminal investigation. The investigator is
sometimes called the superstar in the process of investigation in which all
instances investigator uses his discretion- the wise use of judgment.

Roles of Criminal Investigator

A criminal investigator is a fact-finder. He collects facts to accomplish a
threefold aim: determine whether a crime has been committed, to
identify the guilty party and victim/s, locate and apprehend the
guilty party, to provide evidences of his criminal guilt and assist in
case follow-up. He is a person deputized by law to conduct close analysis
on criminal cases armed with the four tools of investigation: information,
interview, interrogation, and instrumentation. Thus, he plays a vital role in
the process of solving criminal cases for eventual administration of justice. A
criminal investigator maybe employed by a public or private prosecutor, or
he may be directly used by the court to find solution of criminal cases.

According to Pedro Solis, criminal investigators have the following

duties: 1. Establish that a crime was in fact committed under the law.
2. Identify and apprehend the suspected offender.
3. Recover stolen property.
4. Assist the state in prosecuting the party charged with a crime.

In the performance of his duties, the investigator must seek to

establish the six (6) cardinal points of investigation, namely:
1. Who: These questions include the complete and correct name of all
those involved in the incident such as the victim/s, complaint/s,
witness/es, and whoever may be present during the incidents.
2. What: specific offense (Nature of Crime) these questions are
being directed to the crime being committed. Police reports sometimes
 indicate the crime or offense committed whether offenses under
Revised Penal Code, Special Laws, Presidential Decree or Ordinances.
a. What was the crime committed?
b. What are the elements of the crime committed by the suspect?
c. What actually transpired?
d. What types of evidence has been obtained?
e. What type of instrument, weapon used by the suspect/s in
committing the crime?
f. What was the motive of the crime?
g. What type or means of transportation was used?
3. When: These are questions needed to determine and fix the time,
day, month and year when the crime was committed. When questions
should be specified and as accurate as possible.
4. Where: These are questions that localize the place of the incident-
the city or town, the district or barangay, the street or road, the
number of the house or building. Where questions are necessary in
specifically pinpointing the particular location of the crime scene.
5. How: These question HOW, refers to the means or manner in which
the crime has been committed.
a. How was the crime committed?
b. How did the suspect get in?
c. How did the suspect left?
d. How was the crime discovered?
e. How were the suspected weapons/tools obtained? f. How was the
crime reported?
g. How much was the demand ransom money?
6. Why: These questions provide the reasons or causes why a person or
group of persons will perpetrate a crime, eg. Dispute, economic gain,
revenge or vendetta.
a. Why was the crime committed?
b. Why was the victim killed?
c. Why did the suspect killed the victim?
d. Why were the witness/es reluctant to execute sworn statement?
e. Why did the perpetrator choose prefer night time to commit crime?

GOLDEN RULES FOR CRIMINAL INVESTIGATORS

Upon arriving at the crime scene, the criminal investigator/s must
observe these golden rules before or while processing the crime scene.
These rules can be applied to any type of crime scene.
1. Identify and if possible, retain for questioning the person who first notified
the police.
2. Determine the perpetrator by direct inquiry or through observation, if his
identity is obvious.
3. Detain all persons present at the crime scene.
4. Summon assistance, if necessary. Assign specific duties to assistants, if
any. 5. Immediately separate witnesses or suspects for purposes of securing
independent statements:
6. Protect the area by giving appropriate orders and by physically isolating it.
7. Permit only authorized people to enter crime scene boundary.
8. Do not touch or move any object found at the crime scene.

THE GOLDEN RULE IN CRIMINAL INVESTIGATION

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

Qualities of a Criminal Investigator

1. KNOWLEDGEABLE, this refers to the investigator who exhibit
understanding about crime, evidence, law, to include the suspect and the
victim.
2. PERSEVERANCE, refers to the steadfastness, persistence, and resolution
to bring the desired conclusion in spite of obstacles connected with criminal
investigation.
3. ENDURANCE, this refers to the ability of the investigator to withstand
hardship in the conduct of investigation to include the ability to last
physically and mentally.
4. HONESTY AND INTEGRITY, the investigator must always observe moral
convictions of doing the right thing in all circumstances. There is the ever
temptation of money, women, and drinks, etc., that influence the result of
investigation.
5. THE INTELLIGENCE AND WISDOM OF SOLOMON, this is very
important in order that the investigator could easily decipher falsehood from
truth and separate the gain from the chaff as King Solomon did when he
settled disputes of child's ownership between two mothers.
6. ACTING ABILITY, it is the ability to go down to the level of the subject
[minor, the prostitute, or the slum dwellers, or the level of the other
professionals or the members of the elite].
7. GOOD IN ORAL AND WRITTEN COMMUNICATION, this is the ability of
the investigator as he mingles with the community to include in making
concise report.
8. THE KEEN POWER OF OBSERVATION AND DESCRIPTION, these are
very important in crime scene investigation and in interview and
interrogation.
9. COURAGE, it is the moral fortitude [strength] to tell the truth no matter
who will be hurt.
10. THE POWER TO "READ BETWEEN THE LINES, this is the ability of the
investigator to interpret the words or phrases encountered in the process of
investigation in their deeper meaning in order to arrive with an accurate
meaning of a certain statement.
11. KNOWLEDGE OF MARTIAL ARTS AND FIREARMS PROFICIENCY, this
will help the investigator in defending himself when confronting, arresting,
and interrogating the suspect.

Other Qualities of Criminal Investigator

1. Superior Reasoning Ability - is the ability to analyze logically a
multitude of facts and determine how they are interrelated. This is
related to critical thinking.
Elements from the foundation of the critical thinking process:
a. Differentiating between fact and opinion.
b. Determining cause-and-effect relationships
c. Determining the accuracy and completeness of information presented.
d. Recognizing logical fallacies and faulty reasoning.
e. Developing inferential skills through deductive or inductive reasoning

2. Imagination and Curiosity

a. Imagination means forming mental images of what is not present.
b. Curiosity is the desire to learn by being inquisitive.
3. Intuition - This is the immediate apprehension or cognition – quick
and ready insight without the conscious use of reasoning .
4. Observational Ability - Under most circumstances, the investigator
will use the sense of seeing and hearing through observing, noting and
recording of facts.
5. Organizational Ability
6. Legal Knowledge - Today’s investigator must possess a solid
grounding in criminal and to a lesser degree, in civil law.
 7. Cultural Understanding and a Wide Range of Interest - An
awareness and understanding of cultures different from the
investigator’s own can be of great advantage.
8. Persistence - Continuing in the face of opposition, or refusing to give
up when faced with an adverse situation.

Duties of the First Responder

a. Proceed to the crime scene to validate the information received;
b. Record the exact time of arrival and all pertinent data regarding the
incident in his issued pocket notebook and notify the IOC:
c. Cordon off the area and secure the crime scene with a police line or
whatever available material like ropes, straws or human as barricade to
preserve its integrity:
d. Evacuate the injured persons to the nearest hospitals;
e. Prepare to take the "Dying Declaration" of severely injured persons with
the following requisites: 1. That death is imminent and the declarant is
conscious of that fact, 2. That the declaration refers to the cause and
surrounding circumstances of such death: 3. That the declaration relates to
facts which the victim is competent to testify to; and 4. That the declaration
is offered in a case wherein the declarant"s death is the subject of the
inquiry.
f. the FR shall stay at the crime scene to assist the investigator on-case (IOC)
in the maintenance of security, crowd control, preservation of evidence and
custody of witness/suspects until such time the investigation is completed
and temporarily turned over to the local Chief of Police (COP) for the
continuance of CS security.
g. The FR shall attend to the court duties or answer inquiries from any
investigative body to shed light and help the IOC in solving the case.
h. Prevent entry/exit of persons within the cordoned area.
i. Make note of names of possible witnesses/suspects; and
j. Brief the IOC on the situation upon arrival

Duties and Responsibilities of Crime Scene Investigator

a. Take full control of the crime scene to include the conduct of crime scene
search: taking of photographs; making sketches; lifting of fingerprints;
markings of physical evidence; (Chain of custody) the transmittal of evidence
to crime laboratory; interview of witnesses; gathering and evaluation of
evidence; follow-up of the case and the documentation and filing of
appropriate charges in court.
b. Establish a command post in the immediate vicinity of the crime scene;
c. Designate a holding area in the immediate vicinity of the crime scene (for
the media, VIP"s and other personalities present);
d. Conduct case conference with the first responder, I.O.C, other law
enforcers and rescue personnel;
e. Note any secondary crime scene (if situation requires); and
f. Release the crime scene after investigation.

MEANING OF SPECIAL CRIME INVESTIGATION

Special Crime Investigation
- deals with the study of major crimes based on the application of
special investigative techniques.
- A special study of modern techniques in the investigation of serious
and specific crimes.
Duties of Special Crime Investigators
The following are the responsibilities of special crime investigator:
1. Determine if the crime has been committed.
2. Verify territorial jurisdictions. If a crime is not within the investigator's
jurisdictions, there is no responsibility for its investigation.
3. Discover all facts and collect physical evidence.
4. Recover stolen property. The recovery of the stolen property has a significant
or having parallel with establishing the positive identity of the perpetrator.
The reports required of secondhand dealers and pawn shops are of great help
to criminal investigators. They facilitate the identification of items brought in
for pawn, since many thieves use this means to convert their loot into cash.
5. Identify perpetrator. In addition to the role secondhand dealers and
pawnbrokers play in the recovery of stolen property, there is a chance that
other merchants engaged in buying and selling may be able to describe who
brought in a particular item. Usually the seller is required to fill out a form
giving name, address, telephone number, and place of employment, thereby
unwittingly making a sample of handwriting specimen or printing available.
6. Locate and apprehend the perpetrator. When people who know the
perpetrator are unwilling or unable to provide an address or a clue to his or
her whereabouts, records may provide the information. When the suspect is
located, apprehension seldom presents difficulties; if it does, a raid may be
called for.
7. Aid in the prosecution of the perpetrator
8. Testify effectively in court

PHASES OF SPECIAL CRIME INVESTIGATION

1. PRELIMINARY INVESTIGATION - It is an action taken by the first responder
who arrives at the crime scene after detection or report of said crime.
 - It serves as foundation for the case.
- Focused on identifying the perpetrator.

2. IN- DEPTH INVESTIGATION - It is the reexamination of all leads secured

during preliminary investigation.
- Focused on tracing, locating, and arrest of the perpetrator.
- The detective must determine if the preliminary inquiry was complete and
attempt to answer the following:
1. Was the crime scene processed in a proper manner?
2. If the suspect was arrested, was the arrest legally competent?
3. Of the physical evidence secured, should be examined by the crime
laboratory, and what specific examination should be requested?
4. Are the identifying data concerning victims and witnesses correct?
5. Has the preliminary officer been contacted in regard to leads or areas
of inquiry not found in the formal preliminary report?

3. FINAL INVESTIGATION - It is the final phase of investigation.

- Focused on evaluating and presenting evidence to prove the guilt of the
accused.
- The direct outgrowth of the previous two stages. The investigating officer
works closely with the prosecuting attorney. A criminal case should be
prepared for trial in the following order:
1. Review the suspect's arrest to ascertain its legality
2. Review all suspect's statements and admission as to their legality
3. Review the manner in which all relevant evidence has been secured
4. Reexamine legal requirements of victims and witness statements and
identification of the suspect
5. Review and compile all notes, reports and documents that may be
used during the trial.
6. Review all information secured by the use of informants and make
decisions about the possibility of their use in court.
7. Arrange for all necessary expert-witness testimony

Elements of Managing Special Crime Investigation

1. Initial Investigation
2. Case Screening - It is a process to determine whether a case will be
close, as unsolvable or to recommend further investigation.
3. Continuing Investigation - Under traditional arrangements an
investigator "caught" cases by chance. This means that the individual on
duty was responsible for all cases that came in and for deciding which to
pursue and which to "can," that is, keep in a personal file, off the official
record as warranting no further effort. This practice has many shortcomings.
4. Police Prosecutor Relations - The traditional practice in the criminal
justice system has been for each segment to act independently with little
concern for other component parts. For instance, the law enforcement
agency seldom talks to, much less exchange ideas and opinions, with
correctional people, judges, or prosecutors, or even with the community
members, and even with their counterpart police agency.
5. Investigative Monitoring System - A case monitoring system is set up
to give police and law enforcement agency's administrators' continuous
feedback on the investigative process and the quality of personnel
performance. The investigative monitoring system might focus on the
percentage of cases assigned for continuing investigation, and whether or
not the interval between official assignment of the case, and the subsequent
case closure has changed.