Fundamentals of Investigation and Intelligence: ELENA P. Tuguinay
Fundamentals of Investigation and Intelligence: ELENA P. Tuguinay
Fundamentals of Investigation and Intelligence: ELENA P. Tuguinay
and
Intelligence
(CDI 1)
ELENA P. Tuguinay
FUNDAMENTALS OF CRIMINAL INVESTIGATION
INVESTIGATION
Is a fact-finding inquiry conducted by law
enforcement officers where they gather evidence,
interview witness, assess the evidence to find out if a
complaint should be filed for purposes of preliminary
investigation.
CONSTITUTIONAL PROVISIONS
It is mandated under the Constitution that before proceeding with
the conduct of an in-custody investigation, the Investigator should
regularly observed the following Constitutional Provisions, to wit;
Section 12, Art. III (Bill of Rights) of the 1987 Constitution
1. Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice.
If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing
and in the presence of counsel.
4. No torture, force, violence, threat,
intimidation, or any other means which
vitiates the free will shall be used against him.
Secret detention places, solitary,
incomunicado, or other similar forms of
detention are prohibited.
3. Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
4.The law shall provide for penal and civil sanctions for
violations of this section, as well as compensation to and
rehabilitation of victims of torture or similar practices, and
their families.
The rights of the accused under Section 12, Art. III exist
only in “custodial investigation” or “in-custody interrogation”
of an accused persons.
The foregoing rights of the accused are commonly known
as “Miranda Doctrine” or “Miranda Rights” or “Miranda
Warning”. It is based on the U.S. Supreme Court Rulings
entitled MIRANDA VS STATE OF ARIZONA (36 0.0 (2d) 86 S.
Ct.)
Section 17, Art. III of the 1987 Constitution (Self-
Incrimination)
No person shall be compelled to be a witness against himself.
MODES OF FILING OF CRIMINAL CASE AND INVESTIGATION TO BE
CONDUCTED BY THE INQUEST PROSECUTOR
1. Inquest Filing
Is a mode of filing of criminal complaint before the
Prosecution Office against the arrested suspect who is under
custody. The investigator will personally refer the case by
presenting the complainant, witnesses, arresting officers and
the arrested suspect together with the recovered pieces of
evidence before the duty Inquest Prosecutor.
Inquisitorial Investigation – is a mode of investigation
conducted by the Inquest Prosecutor during the inquest
proceedings to determine the legality of the arrest and also to
establish probable cause in order to indict the suspect to the
offense as charged.
2. Regular or Direct Filing
Is a mode of filing of criminal cases directly before the Prosecution Office if
the suspect is not arrested or at-large. In this mode of filing, the investigator
will personally bring the complainant and witness together with the pieces
of evidence to the designated Prosecutor for purposes of administering
oaths. Thereafter, the case will be set for Preliminary Investigation for
purposes of determining probable cause as provided under Rule 112 of the
Rules of Court.
Preliminary Investigation is defined as an inquiry or proceeding for
the purpose of determining whether there is sufficient ground to engender
a well founded belief that a crime cognizable by the Regional Trial Court has
been committed and that the respondent is probably guilty thereof, and
should be held for trial.
PREPARATION OF DOCUMENTS
It is the sole duty and responsibility of the Investigator On Case to
prepare all the necessary investigative documents for purposes of
inquest filing of the appropriate criminal charges against the arrested
suspect within the reglementary period of arrest before the
Prosecution Office.
“If you know your enemy and know yourself, you need not
fear the results of hundred battles.
If you know yourself but not the enemy, for every victory,
you will suffer a defeat.
If you know neither yourself nor the enemy, you are fool
who will meet defeat in every battle.”
IMPORTANCE OF INTELLIGENCE
1. Enable a nation to formulate its policies, strategic plans and conduct its
diplomacy.
2. Forestall the activities of its internal and external enemies.
3. Detect and apprehend the activities or modus operandi of criminals and
subversive elements.
4. Providing ample security for the people and the state.
5. Intelligence plays an important role in the life and survival of a country by
proving advance and exact knowledge or information of the intentions and
design of its enemies.
FUNCTIONS OF INTELLIGENCE
COLLECTION OF
INFORMATION
EVALUATION OF
PROTECTION OF
THE
INFORMATION
INFORMATION
DISSEMINATION OF
INTELLIGENCE
BROAD CATEGORIES OF INTELLIGENCE
MILITARY INTELLIGENCE
NATIONAL INTELLIGENCE
DEPARTMENTAL
INTELLIGENCE
POLICE INTELLIGENCE
MILITARY INTELLIGENCE
the use of processed information in formulating military plans, programs and
policies, it encompasses three general categories:
ELICITATION
INTERVIEW/INTERROGATION
PERSONNEL SECURITY
INVESTIGATION
TECHNICAL EQUIPMENT-TAPPING
AND BUGGING
PHOTOGRAPHY
USE OF AN ARTIST
SURREPTITIOUS ENTRY
COMMUNICATION
Information, Informants and its Sources
Information-All evaluated materials of every description including those
derived from observation, reports, imagery, and other sources from
which intelligence is produced.
Information and its Sources
Life of Police Intelligence
1. Informants/Informers
2. Surveillance
3. Casing
4. Cover and Undercover
5. Interview/Elicitation
6. ODEX
7. Informants/Informers
Types of Agent used in collecting of
Information
1. Agent of influence- agent who uses authority to gain information.
2. Agent in place- agent who has been recruited within a highly sensitive
target.
1. Open sources- 99% of the information collected are coming from open
sources or obtained from overt operation.
- Enemy activities
-captured documents
-map
-weather forecast, studies, reports
-agencies
• Private Records- from private offices & business & non-government organizations.
• Records of Firearms & Explosive Unit concerning licensed holders of firearms &
authorized possessor of explosives.
• Fire Bursting- tracing the chain of possession of a firearm, from the manufacturer,
distributor, seller, and the last possessor. This could be done thru the files of the FBI
& other police agencies.
• Records of foreign & local manufacturers of vehicles concerning the engine &
chassis numbers of the suspected vehicles used in the commission of crimes or are
the subject of carnapping.
• Stored data on computers & Cell phones- Only experts must be employed to
retrieve the data.
Confidential Informant is a person who provides an investigation with
confidential information’s concerning a past or projected crime and
does not wish to be known as the source of the information. The
investigator should take a special precaution to protect the identity of
such an informant because of his value as a source on the disclosure
of crimes.
Communication with Informants
In order to avoid revealing of the informant, the following points must
be observed in communication:
1. Meeting should be held at place other than the operatives
2. Circumstances surrounding the meeting should not be repeated to
the extent that a recognizable pattern is created.
Different Types of Informants
A. anonymous informants- he may be an anonymous telephone
caller or anonymous letter writer. If the person seems to have real
information, get all the possible fact, but:
1. Do not reveal any information you may have by stating that you
already know what is being told to you.
2. Do not let your telephone conversation disclose facts which should
not leak out.
3. Do not let caller press you to reveal facts.
4. Do not let the tendency to “show off” or to impress your
anonymous caller with what you already know to get the better of
you.
5. Do not let your caller find out more from you than you from him.
B. rival- elimination informant- is usually anonymous. His purpose in
informing is to eliminate rival or competition.
C. false informant- reveals information usually of no consequence or stuff
concocted of thin air. He may do so out of the desire to appear to be on the
side of law and order and for the purpose of throwing suspicion from himself
or his gang or associates.
D. frightened informant- maybe prodded by fear or self interest. He maybe
one of the “little men” who runs to the police when he sees that his
confederates are about to be involved in a dangerous situation. He is usually
motivated by anxiety for his own well-being and will furnish information as a
protective device and as a means of sustaining his own feeling of self-
importance. This type is the weakest link in the criminal chain.
E. self-Aggrandizing Informants- moves around the centers of criminals, group
or syndicate & delights in surprising the police about bits of information. His
information maybe of value by way of authentication in the intelligence
operation.
F. Mercenary Informants- has something to sell. He may be a valuable
source. Sometimes there is a revenge motive present. He may have
thought himself to have been double crossed or given a “dirty deal” and
seeks revenge as well as profit in the telling.
G. double - crosser informant- uses his seeming desire to give
information as an excuse to talk to the police in order to get more
information from them than he gives. It is well to feed this informant
false information to catch him.
H. Woman informant- maybe the female associate of any criminal. She
may be able to give valuable information, but the investigator must
beware because “the female specie is more deadly than the male.
I. Legitimate informant- will include operators of licensed premises who
do not want their place of business to become hangouts of dangerous
criminals.
Possible Motives of the Informants in Giving Information
The motives of the informant in disclosing information are numerous
and it is the duty of the investigator to evaluate the informant and the
information given.
1. Vanity- the self aggrandizing person who delights in giving
information to gain favorable attention from the police authorities.
2. Civic mindedness- the public spirited person of good standing in
the community who is interested in seeing that justice is done.
3. fear- the person under an illusion of oppression by enemies or of
other pending dangers.
4. repentance- the person, usually an accomplice who has a change
of heart and wishes to report a crime that is prying on his conscience.
5. Avoidance of punishment- the person who is apprehended in the
commission of a minor offense and seeks to avoid prosecution by
revealing information concerning a major crime.
6. gratitude of Gain- the person who is willing to cooperate in giving
information to express appreciation or to obtain a privilege, such as
one who is arrested and desire cigarettes or other items, or a former
prisoner who wishes to repay the police officers interest in the
welfare of his family during his detention.
7. competition- the person (usually earning a living by questionable
means) who is wishing by this means to eliminate his competitors.
8. revenge- the person who wishes to settle a grudge because
someone else informed against him took advantage of him or
otherwise injured him.
9. jealousy- a person who is envious of the accomplishment of
possession of another and wishes to humiliate him.
10. remuneration- the person who informs solely for the monetary of
other material gain he is to receive.
How should the investigator obtain and protect informants
An effective investigator usually has a number of confidential
informants drawn from various classes and occupations. He must
develop their friendship and cooperation over the course of years.
The investigator should safeguard the identity of the informant, first
as a matter of ethical practice and second, because of the danger of
underdetermining the confidence of his sources. The identity of the
informant should not be disclosed unless absolutely necessary and
then only proper authorities.
The treatment of the informant in the investigator –information
relationship is an individual problem based upon personality,
education and occupation. The investigators sources of information
are only valuable if they are able to obtain desired information or if
they are willing to volunteer to give known information. To aid the
investigator, the following general rules regarding this relationship
must be complied:
1. Fair treatment- the informant should be treated considerately,
regardless of his character, education or occupation.
2. Reliability- the investigator should be scrupulous in the fulfillment
of all ethical promises which he has made. Any other police results in
distrusts and a loss of the informant.
TRAZER045
METHODS FOOT SURVEILLANCE
a. One-Man Surveillance. One investigator is used to
conduct the surveillance. It is best employed in a
fixed surveillance. It should be avoided in moving
surveillance because it provides the least amount of
flexibility in the surveillant, in addition to watching
the subject should take notes, watch for convoys,
and collect evidences.
b. Two-Man or “AB” Surveillance
In the “AB” technique of surveillance, the surveillant
behind the subject is always known as “A”
surveillant. “A” follows the subject and “B” either
follows on the same side of the street or from across
the street.
C .Three – Man Shadower or ABC Technique of
Shadowing
-the three shower are represented as A, B, C.
This is how they work. A is close to the subject
and follows him/ her at a distance depending
on the pedestrian traffic. B follows A at the
same distance of A to the subject. If vehicular
traffic is moderate, it may be opposite him/her
on the other side of the street. B and C take
turns in assuming the position of A to prevent
A from becoming familiar and noticeable figure
to the subject. Pre-arranged signals are
encouraged.
Shadowing or Tailing
A. One man shadow- this is the most common because it involves the use
of the least number of men. In this type of surveillance, the shadower will
follow the subject and make notes authentically of that entire subject
does. He will record all contracts, description of all the person
encountered, places visited, time spent in various places, routes taken,etc.
If the subject enters a public lobby, the shadower may take an adjoining
room. He may listen to conversations which may take place in the
subjects’ room. If the leaves the hotel and takes a cab, the shadower will
take another cab.
If the subject takes a public conveyance, the shadower will also take the
same conveyance and take a seat behind the subject.
If the subject gets into a theater line, railway ticket line, and the like, the
shadower will fall in line immediately behind the subjects that he can
hear the reservation or destination. If he fails to hear, then he must ask
the ticket agent.
B. Two Man Shadow- this is more advantageous because
it permits immediately change and are less likely to be
recognized. One shadower will follow the subject and the
other may either be abreast, or on the opposite side of
the street or I following the shadower.
TRAZER045
e. don’t seat both agents in the front seat for an extended
time.
k. don’t fail to give the relieving team the pertinent data that
have develop.
The following are the ideal requirements for an investigator selected to shadow the person:
A. be of average size, built and general appearance
B. has no noticeable peculiarities in appearance or mannerisms
C. wears an inconspicuous jewelry or clothing.
D. has nothing about him to attract attention or fix him in the mind of a person.
E. has perseverance and be able to wait for hours at a time without showing any sign of
impatience or irritation, since this attract attention.
F. always gives the appearance of attending strictly to own business and of not being
interested in what anyone else maybe doing.
H. be resourceful, versatile, and quick witted , so that he readily conceive reasons or excused
for being in any given place.
H. be a good talker, able to talk his way out of embarrassing situations without arousing
suspicion.
BASIC PREPARATION
1. Subject – name, address, description, known associates, habits
vices, ability to elude surveillance.
2. Geographical location – maps, national and religious backgrounds,
transportation, public utilities, etc.
3. Cover Story
4. Vehicle used – description make model, color and plate number.
WHAT IS IDENTIFICATION?
The identification and surveillance of individuals involved in organized
crime and subversive activities consumes a considerable part of the
police operational intelligence field activities.
This also involves gathering information pertaining to the various
organizations that pose threat to the community to include their
locations vehicles, telephone numbers and the like.
WHAT IS CASING?
Reconnaissance or surveillance of a building, place or area to determine its
suitability for intelligence use or its vulnerability in operations.
PURPOSE OF CASING
Description
the actual and factual reporting of one’s observation of the
reported sensory experience recounted by another.
PROCESS FOR
ACCURATE OBSERVATION
1. Attention – becoming aware of an existence of fact.
2. Perception – understanding the fact of awareness.
1. Approach- process of
setting people to start
talking
2. Probe – keeping people
to talk incessantly.
Planning the Elicitation