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Power Point Invest Prelim

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FUNDAMENTALS OF INVESTIGATION AND

INTELLIGENCE

PRESENTED BY

P/MAJOR EDUARDO L FRIAS (RET)


BSCRIM, MBA, MSCRIM
INVESTIGATION
THE ACT OR PROCESS OF EXAMINING A CRIME, 
PROBLEM, STATEMENT, CAREFULLY, ESPECIALLY
 TO
 DISCOVER  THE TRUTH
PROTOCOL OF INVESTIGATION

• Protocol 1: Jurisdictional
• Protocol 2: Official Police Blotter
• Protocol 3: Investigation Team
• Protocol 4: Duties of the First Responder
• Protocol 5: Duties and responsibilities of the Investigating Team
• Protocol 6: Investigation of Suspects
• Protocol 7: Taking of Sworn Statements of Suspects
PROTOCOL OF INVESTIGATION

• Protocol 8: Taking of Sworn Statement/s of the Witnesses


• Protocol 9: Preparation of Reports and Filing of Charges
• Protocol 10: Procedure in the Release of Crime Scene
• Protocol 11: Follow-up of Case 
• Protocol 12: Preparation of Case Investigation Plan (CIPLAN) 
• Protocol 13: Attendance to Court Duties 
• Protocol 14: Uniform of the Investigator
3 TOOLS OF AN INVESTIGATOR IN
GATHERING FACTS

• a. Information- public and private records


• b. Interview /interrogation- witness and victim
• c. Instrumentation- Scientific examination of real
evidencee

• 
PHASES OF INVESTIGATION

• The objectives of the investigator provide a convenient


division of the investigation into three phases:
• (1) the criminal is identified;
• (2) he is traced and located; and
• (3) Gathered facts proving the guilt for court
presentation.  
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;
• g. Tape recording of sounds;
• h. Video tape recording of objects; and
• i. Written statements of subject(s) and witnesses.
CRIME SCENE PROCESSING

• The Crime Scene Search


1. Processing and Securing a Crime Scene
2. Protecting the Crime Scene and the Evidence
3. Laboratory examination of objects and substances located
usually at the crime scene
INVESTIGATOR’S NOTE BOOK

• A. PURPOSE
• Record the relevant details of the case
• Refresh the memory of the investigator
• b. Recording Note:
• The data of the investigation should be recorded in a
complete, accurate and legible fashion
COMMON INVESTIGATION OVERSIGHTS
• Incomplete Case Folder- Lacking of documents
• No template for the conduct of investigation- Lack of knowledge
regarding investigation
• Inadequacy of coordination- The police, SOCO and prosecutor work
separately.
• Failure to prosecute-Non appearance of Police during court hearing
• Chain of Custody- Non observance of proper documentation in the
turn-over of evidence
• Less appreciation of electronic evidence-investigators take for
granted the electronic devices
PROCEDURE UPON RECEIPT OF REPORT/COMPLAINT

• Upon receipt of call/walk-in complainants Duty Desk Officer shall:


• a. Record the time it was reported;
• b. Get the identity of the caller/complainant;
• c. Get the place of the incident;
• d. Get the nature of the incident;
PROCEDURE UPON RECEIPT OF REPORT/COMPLAINT

e. Get the number of victim/s;


f. Record a brief synopsis of the incident;
g. Direct the nearest mobile car/beat patrollers or the nearest
police precinct to act as first responder equipped with “police
line” to secure the place of incident a camera; and
h. Inform the duty investigator (preferably one team of
investigators)
PROCEDURE AT THE CRIME SCENE

• A. UPON ARRIVAL AT THE CRIME SCENE (INVESTIGATOR)


• 1. Receive the crime scene from the first responder.
• 2. 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.
• 3. Photograph and/or video the entire crime scene.
• 4. Before entering the crime scene, all investigators must put on
• surgical gloves.
PROCEDURE AT THE CRIME SCENE
• 5. Before touching or moving any object at the crime scene in a
• homicide or murder case, 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 thecrime, while a member of
the team or someone must call an ambulance from the nearest
hospital. Before removing the victim, mark, sketch and photograph
his/her relative position. Only a coroner or a medical examiner shall
remove the dead body unless unusual circumstances justify its
immediate removal.
PROCEDURE AT THE CRIME SCENE

• 6. Designate a member of the team or ask other policemen or


• responsible persons to stand watch and secure the scene, and
• permit only authorized persons to enter the same.
• 7. Identify and retain for questioning the person who first notified
• the police, and other possible witnesses.
• 8. Determine the assailant through inquiry or observe him if his
• identity is immediately apparent. Arrest him if he is still in the
• vicinity.
• 9. Separate witnesses in order to get independent statements.
B. RECORDING
• The investigator begins the process of recording pertinent facts and
• details of the investigation the moment he arrives at the crime scene.
He also draws a basic sketch of the crime scene and takes the initial
photograph to ensure that an image of the crime scene is recorded
before any occurrence that disturbs the scene. As a rule, do not
touch, alter or remove anything at the crime scene until the evidence
has been processed through notes, sketches and photograph, with
proper measurements.
C. SEARCHING FOR EVIDENCE

• 1. Each crime is different, according to the physical nature of the


scene and the crime or offense involved. Consequently, the scene
is processed in accordance with the prevailing physical
characteristics of the crime scene.

• 2. In rooms, buildings, and small outdoor areas, a systematic


search of evidence is initiated (In the interest of uniformity, it is
recommended that the clockwise movement be used or systematic
approach on the search process
SEARCHING FOR EVIDENCE

3. You should give particular attention to fragile evidence


that may be destroyed or contaminated if it is not collected
when discovered.
 
4. If any doubt exists as to the value of an item, treat it as
evidence until proven otherwise.
 
SEARCHING FOR EVIDENCE

. 5. Ensure that the item or area where latent fingerprints


may be present is closely examined and that action is taken
to develop the prints.
 
6. Carefully protect any impression of evidentiary value in
surfaces conducive to making casts or molds. If possible,
photograph the impression and make a cast
SEARCHING FOR EVIDENCE
7. Note stains, spots and pools of liquid within the scene and
treat them as evidence.
 
8. Treat as evidence all other items, such as hairs, fibers, and
earth particles foreign to the area in which they are found; for
example, matter found under the victim‟s fingerprints.
•  
SEARCHING FOR EVIDENCE

9. 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 notes have been completed and the investigator
has returned to the point from which the search began.
 
SEARCHING FOR EVIDENCE
10. Further search may be necessary after the evidence and
the statements obtained have been evaluated.
 
11. 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 as he faces the scene and then the
adjoining strips.
SEARCHING FOR EVIDENCE

12. It may be advisable to make a search beyond the area


considered to be the 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.
 
SEARCHING FOR EVIDENCE

13. After completing the search of the scene, the investigator


examines the object or person actually attacked by the
offender. For example, a ripped safe, a desk drawer that has
been pried open or a room from which items has been stolen,
would be processed after the remainder of the scene has been
examined for traces of the offender.
 
SEARCHING FOR EVIDENCE

14. In a homicide case, the position of the victim should be


outlined with a chalk or any other suitable material before the
body is removed from the scene. If the victim has been
pronounced dead by a doctor or is obviously dead, it is
usually advisable to examine the body, the clothing and the
area under the body after the remainder of the scene has
been searched. This is to enable the policeman/investigator
to evaluate all objects of special interest in the light of all
other evidence found at the scene.
D. COLLECTION OF EVIDENCE

This is accomplished after the search is completed, the rough


sketch finished and photographs taken. Fragile evidence should be
collected 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).
D. COLLECTION OF EVIDENCE

A corresponding request to the Firearms and Explosive Office


(FEO) must be made for verification purposes. The investigator
places his initials, the date and time of discovery on each item of
evidence for proper identification. Items that could not be marked
should be placed in a suitable container and sealed.
E. MARKINGS OF EVIDENCE

Any physical evidence obtained must be marked or tagged


before its submission to the evidence custodian. These are
information to ensure that the items can be identified by the
collector at any time in the future. This precaution will help
immeasurably to establish the credibility of the collector‟s report
or testimony and will effectively avoid any suggestions that the
item has been misidentified.
E. MARKINGS OF EVIDENCE

• Markings on the specimen must at least contain the


following:
• 1. Exhibit Case Number
• 2. Initials and or signature of the collecting officer.
• 3. Time and date of collection and place or location where
the evidence was collected.
F. EVALUATION OF EVIDENCE

Each item of evidence must be evaluated in relation


to all the evidence, individually and collectively. If
necessary, these pieces of evidence must be
subjected to crime laboratory examination. Example:
firearms for ballistic examination, hair strands etc.
G. 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.
 
H. RELEASING OF EVIDENCE
All collected evidence can only be released upon order of the
court or prosecutor, as the case maybe.
 
I. CHAIN OF CUSTODY
 
• A list of all persons who came into possession of an item of
evidence, continuity of possession, or the chain of custody,
must be established whenever evidence is presented in court
as an exhibit. As a rule, all seized evidence must be in the
custody of the evidence custodian and deposited in the
evidence room or designated place for safekeeping.
J. TRANSMITTAL OF EVIDENCE TO CRIME LABORATORY

• Proper handling of physical evidence is necessary to obtain


the maximum possible information upon which scientific
examination shall be based, and to prevent exclusion as
evidence in court. Specimens which truly represent the
material found at the scene, unaltered, unspoiled or
otherwise unchanged in handling will provide more and
better information upon examination. Legal
TRANSMITTAL OF EVIDENCE TO CRIME
•   LABORATORY
1. The evidence should reach the laboratory in same condition as
when it was found, as much as possible.
2. The quantity of specimen should be adequate. Even with the
best equipment available, good results cannot be obtained from
insufficient specimens.
3. Submit a known or standard specimen for comparison
purposes.
TRANSMITTAL OF EVIDENCE TO CRIME
LABORATORY

4. Keep each specimen separate from others so there will be


no intermingling or mixing of known and unknown material.
Wrap and seal in individual packages when necessary.
5. Mark or label each of evidence for positive identification as
thee vidence taken from a particular location in connection
withthe crime under investigation.
TRANSMITTAL OF EVIDENCE TO CRIME
LABORATORY

6. The chain of custody of evidence must be maintained.


Account for evidence from the time it is collected until it is
produced in court. Any break in this chain of custody may
make the material inadmissible as evidence in court.
METHODS OF CRIME SCENE SEARCH

•  
• a. Strip Search Method
• b. Double Strip Search Method
• c. Spiral Search Method
• d. Zone Search Method
• e. Wheel Search Method
STRIP OR LINE 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
pace 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
as shown in the above illustration
STRIP OR LINE SEARCH METHOD
STRIP OR LINE SEARCH METHOD
DOUBLE STRIP SEARCH METHOD

• 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.
DOUBLE STRIP METHOD
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.
SPIRAL SEARCH METHOD
ZONE SEARCH METHOD

• In this method, one searcher is assigned to each


subdivision of a quadrant, and then each
quadrant is cut into another set of quadrants.
ZONE SEARCH METHOD
WHEEL 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 the 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.
WHEEL SEARCH METHOD
PROCEDURES ON TAKING PHOTOGRAPHS

• a. Overall photos of the scene are taken to show the


approach to the area, street signs, and street light locations
in relation to the actual scene, street addresses and
identifying objects at the scene. Pictures should also be
taken of every room in the house, even if their relationship
to the crime scene is not readily apparent.
PROCEDURES ON TAKING PHOTOGRAPHS

• b. Photograph the scene in a clockwise pattern before


altering the body's position or any other evidence within the
scene. Photograph the scene from at least 2 opposite
corners, but from all four corners is even better. This way,
nothing is missed or hidden from view by intervening
objects.
PROCEDURES ON TAKING PHOTOGRAPHS

• c. Photograph the body and the immediate vicinity around


the body. If you have a camera boom, take pictures from
ceiling height down of the victim and any other evidence.
This perspective often shows things missed when viewed
from ground or eye level.
• d. Keep a photo log.
PROCEDURES ON MAKING A SKETCH

Type of sketch
1. Floor plan or “bird’s-eye view”;
2. Elevation drawing;
3. Exploded view; and
4. Respective drawings.
FLOOR PLAN OR BIRD’S EYE
VIEW
ELEVATION DRAWING
EXPLODED DRAWING
PERSPECTIVE DRAWING
d. Write down all measurements

. Fill in all the details on your rough sketch at the scene.


Final sketch may be prepared at the office.

Finished or final sketc is a product of the rough sketch. •


and it is Prepared for courtroom presentation and. often will
not show all measurements and distances originally recorded
on the rough sketch
REPUBLIC ACT NO. 7438

• AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED,


DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS
THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF.
PENALTY

•  Anyarresting public officer or employee, or any investigating


officer, who fails to inform any person arrested, detained or
under custodial investigation of his right to remain silent and to
have competent and independent counsel preferably of his own
choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a
penalty of imprisonment of not less than eight (8) years but not
more than ten (10) years, or both. The penalty of perpetual
absolute disqualification shall also be imposed upon the
investigating officer who has been previously convicted of a
similar offense.
JUDICIAL AFFIDAVIT

•  Rule requires that direct examination of a witness,


which is the examination-in-chief of a witness by the
party presenting him on the facts relevant to the
issue, 
WARRANT OF ARREST Judge's order to law enforcement officers to arrest and bring to jail a person charged with a
crime

ARREST  is the act of apprehending and taking a person into custody


CRIME Is an illegal act or omission furnishable by law
ACCUSED-a person or group of people who are charged with
or on trial for a crime

SEARCH WARRANT is a warrant issued by the competent


authority authorizing a police officer to search a specified place
for evidence even without the occupant’s consent and bring it
before the court

CONVICTED having been declared guilty of a criminal offense


by the verdict of a jury or the decision of a judge.

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