FUNDAMENTALS OF CRIMINAL

INVESTIGATION
 WISDOM FOR THE DAY

“YOU CANNOT TASTE THE

SWEETNESS OF YOUR SUCCESS
IF YOU CANNOT EXPERIENCE
THE BITTERNESS OF
SACRIFICE”.
 Important Personalities Who
Developed Criminal Investigation

• Eugene Francois Vidocq – He was a

former criminal/crook turned Paris police
investigator. He is credited with the
founding La Surete, France’s national
detective organization. Considered those
in law enforcement to be the “father of
modern criminal investigation”.
• Henry Fielding – founded the Bow Street
Runners in 1749. London’s first professional
police force. Bow Street Runners was the
public nickname for these officers.

• Jonathan Wild –He was a former criminal

who first introduced the idea of “thief taker”.
He was named as “thief taker general”.
• Francis Turkey – Pioneered police
“raid”.

• Hans Gross – Father of Criminalistics.

• John Fielding – Developed paid informant.
Younger brother of Henry Fielding.

• Sir Robert Peel – Instituted the Metropolitan

Police in London, which later became
Scotland Yard. He is also considered as the
“father of modern policing.”
• Charles Dickens – Introduced the term
“Detectives”.

• Allan Pinkerton – He is regarded as “America’s

founder of Criminal Investigation” and the most
famous private investigator of his time.

• Kate Wayne- first woman detective

• Insp. Thomas Byrnes – American founder of
criminal “Modus Operandi” (“MO”) and
Rogues’ Gallery containing pictures of known
offenders.
• Edgar J. Hoover – First FBI Director
• Edmond Locard – (Locard’s Theory) Transfer
of evidence.
• Calvin H. Goddard – (Father of Ballistics)
Criminal Investigation

An art that deals with the identity and

location of the criminal offender and the
gathering and providing of the evidence of his
guilt in criminal proceedings.
The word investigate is derived form the
Latin word vestigare, meaning to track or
trace, a derivation easily related to police
investigation.
 Criminal Investigation is an

• Art- application of human creative skill.

• Science- applications of different laws and

principles.
“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.” (Section 12 (1),
of 1987 Constitution)
“No person shall be compelled to be a witness
against himself.“ (Sec. 17)

“Any confession or admission obtained in

violation of this or Section 17 hereof shall be
inadmissible in evidence against him.”
Section 12 (2)
 Rights of Person Under Investigation

a. To be informed of his right to remain silent;

b. To have competent and independent
counsel preferably of his own choice or to be
provided with one if he/she can’t afford;
 c. Rights against torture, force, violence,
threat, intimidation, or any other means which
vitiates the free will; and

d. Rights against being held in secret, solitary,

incommunicado, or other similar forms of
detention.
RIGHTS OF PERSON UNDER INVESTIGATION
(MIRANDA RIGHTS)
“You have the right to remain silent and to have
a competent and independent counsel of your
choice, and if you cannot afford the services of a
lawyer, one shall be provided for free by the
government. Any statement made by you
during investigation may be used for or against
you in any Court of Law of the Philippines”
(These rights cannot be waived except in
writing and in the presence of a counsel).”
 
RA 7438 (Rights of Person Arrested,
Detained or under Custodial
Investigation)

Sec. 2. Rights of Persons Arrested,

Detained or under Custodial Investigation;
Duties of Public Officers. - (a) Any person
arrested, detained or under custodial
investigation shall at all times be assisted
by counsel.
 “Any public officer or employee x x x who
arrests, detains or investigates any person
for the commission of an offense shall
inform the latter, in a language known to
and understood by him, of his rights to
remain silent and to have competent and
independent counsel, preferably of his
own choice”.
(Sec. 2 para b, RA 7438)
 
What is Crime
• An act or omission punishable by law
(RPC and Special Penal Law)
• An act or omission in violation of law
commanding or forbidding it.
• Felony- An act punishable by the RPC
• Offense- An act punishable by Special
Law
CRIMINAL INVESTIGATION- It is an art which
deals with the identity and location of the
criminal offender and the gathering and
providing evidence of his guilt.

CRIMINAL INVESTIGATOR- is a person who

is charged with the duty of conducting criminal
investigation when a crime is committed.
What are the Qualities of a Good Invest/Prober

a. INTEGRITY
b. NETWORK
c. VERSATILITY
d. ENTHUSIASM
e. SELF CONTROL
f. TACTFULNESS
g. INTELLIGENCE
h. GUTS
i. ACTING ABILITY
j. RESEARCH ORIENTED
Who Shall Conduct Criminal Investigation

The Police Station having territorial

jurisdiction of the area where the crime or
incident occurred, unless directed by higher
authorities for a certain case to be investigated
by other units/agency.
 The Anatomy of Crime
• The Motive refers to the reason or cause why
a person will perpetrate a crime.
• The Instrumentality is the tools used in the
commission of the crime.
• The Opportunity refers to the acts or
omission by the victim which enables another
the- criminal to perpetrate the crime.
 COMPONENTS OF THE INVESTIGATIVE
PROCESS
• Patterns
• Leads
• Tips
• Theories
PATTERNS, LEADS, TIPS & THEORIES
Pattern is a series of similarities that may
link particular cases or indicate that the same
person is committing a series of crimes.
Patterns could include time of day, day of the
week, description of the suspect, MO, type of
weapon being used, type of victim, location,
and other variables.
 Leads are clues or pieces of information
that aid in the progress of an investigation.
Leads can be physical evidence or information
received by witnesses or other persons or
through surveillances, undercover
investigations, and record searches.
A lead is anything that can assist an
investigator in resolving an
investigation.
 Tips are leads provided by
citizens that aid in the
progress of investigations.
Generally, tips involve the
identity of the suspect.
 The three fold aims of investigation

1). To identify the guilty party

2). To locate the guilty party
3). To provide evidence of his guilt in
criminal proceedings.
How to Prove the Guilt of the Accused:

●Established the existence of the crime.

●The suspect must be identified.
●There should be competent and credible
witness.
●Physical evidence must be identified and the
chain of custody is observed.
●Orderly presented in court.
 RECONSTRUCTION OF THE CRIME SCENE

• PHYSICAL RECONSTRUCTION- based on the

physical appearance of the crime scene mainly
focused on the pieces of physical evidence.
• MENTAL RECONSTRUCTION- conclusions could
be formulated based on the physical
reconstruction taking into account all available
pieces of evidence.
 KINDS OF PHYSICAL EVIDENCE
• CORPUS DELICTI- these articles that are
essential parof the body of crime.
• ASSOCIATIVE EVIDENCE- Materials which link
the suspect to the offense committed
• TRACING EVIDENCE- objects which assist the
investigator in locating the suspect.
 Rules to be observed before physical evidence
can be introduced in the court of justice:

• the evidence should be material,

relevant and competent.
• objects must be properly identified
• proper chain of custody must be
shown and proved.
 CHAIN OF CUSTODY
• It refers to the number of persons who
handled the evidence from the time of its
discovery up to the ultimate disposition of the
case. this should be minimized as much as
possible.
 Phases of Criminal Investigation

• Phase 1- Identify the suspect

• Phase 2- Locate and apprehend the suspect
• Phase 3- Gather evidence against the
suspect
 Phases of Criminal Investigation

Phase I - identify the suspect/s through

• Confession
• Eyewitness testimony
• Circumstantial evidence/ Indirect evidence
• Associative evidence
1. Confession
-express acknowledgement by the accused of
his guilt.
-It is the best means of identifying a criminal.
a. Judicial-made in open court
b. Extra judicial- made outside the court
like, taken during custodial investigation
(G.R. No. L-61356-57, Sept..30, 1986)
 Admission- is a declaration or
acknowledgement by a party as to the
existence of a certain fact.
- falling short to the admission of guilt.

Ex: The suspect admitted that he owned the

gun used in killing Pedro.
 Distinction Between:
Admission
a. Acknowledgment of a fact; Insufficient to
convict a person

Confession
Acknowledgement of guilt;
Sufficient to convict a person
 Kinds of Extra-judicial Confession

1. Voluntary Extra-judicial Confession – The

confession is voluntary when the accused speaks
of his free will and accord, without inducement
of any kind, and with a full and complete
knowledge of the nature and consequence of
the confession, and when the speaking is so free
from influences affecting the will of the accused,
at the time the confession was made that it
renders it admissible in evidence against him.
2. Involuntary Extra-judicial Confession –
Confessions obtained trough force, threat,
intimidation, duress or anything influencing the
voluntary act of the confessor.
“Confessions obtained from the
defendant by means of force and violence is
null and void, cannot be used against him at
the trail.”
 The Role of Admissibility of
Confession

1. The confession must be expressed,

categorical acknowledgement of guilt.
2. The facts admitted must constitute
criminal offense.
3. The confession must have been given
voluntarily.
4. There must have been no violation of
Sec. 12 Art. 111 of the Constitution.
2. Eyewitness testimony (Testimonial evidence)

Positive testimony
1. When a witness affirms that a fact
did or did not occur;
2. Stronger and weightier;
3. Generally prevails

Negative Testimony
1. When the witness states that he did not see or know
the occurrence of a fact
 TYPES OF SUSPECTS IDENTIFIED BY WITNESS

• KNOWN- THESE ARE THE MALEFACTORS

WHOSE PICTURES ARE AVAILABLE FROM
POLICE FILES AND RECORDS
• UNKNOWN- THESE ARE MALEFACTORS
WHOSE IDENTITY IS FURNISHED BY
EYEWITNESS ONLY.
Methods of Identification by Witness to a
Suspect:

Portrait Parle –is a verbal description

by witness or victim of the physical
appearance of the assailant while being
drawn by the cartographer .

Photographic files (Rogue’s gallery) –

the witness will identify the offender
through photographs/photos compiled in
the police station.
3. Circumstantial a.k.a. Indirect/ Presumptive
evidence
- is evidence that is drawn not from direct
observation of a fact at issue but from events or
circumstances that surround it.

When CE sufficient for conviction:

– There is more than one circumstance;

– The facts from which the inferences are derived
are proven; and
– The combination of all circumstances could
produce a conviction beyond reasonable doubt.
( G.R. No. 187725, Jan. 19, 2011)
4. Associative evidence
Pieces of evidence which could link the suspect
to the crime scene by means of clues, hints, and
personal properties.
Examples:
weapon
tools
garment
fingerprint
foot impression, and others.
 Phase II - locate and apprehend suspect/s
• Surveillance

• Undercover works/assignments

• Informants
1. Surveillance
Is a discreet investigation by keeping persons, places,
vehicles, activities or other targets under physical
observation in order to obtain information.

Types of Surveillance:
a. Tailing or Shadowing – observation of person
and movement.
b. Casing or Reconnaissance – is the
surveillance of building, place or area to
determine its suitability and vulnerability in
operations.
Casing-Police term
Reconnaissance-military term

c. Roping – surveillance of other things,

events, and activities
 1. According to intensity and sensitivity
• A. Discreet – subject is unaware that he/she is
under observation

• B. Close – subject is aware that he/she is under

observation.

• C. Loose – applied frequently or infrequently.

Period of observation may vary on each
occasion.
 2. According to methods
• A. Stationary – observation of place on a fixed
point position.

• B. Moving – subject is followed from place

to place.

• C. Technical – uses communication and

electronic hardware, gadgets, systems and
equipment.
2. Undercover Assignment or Work
– is an investigative technique in which agent
conceal his official identity to obtain
information from the target or subject.

also known as ROPING

3. Informants
is any person who furnishes the police an information
relevant to the crime under investigation, generally, without
consideration.

Informer- is one who furnishes information to the police

generally with consideration.

Confidential Informant- a person who provides the police

with confidential information concerning a crime.
Types of Informants
• Anonymous
• Rival elimination
• False information
• Frightened
• Self aggrandizing
• Mercenary
• Double-crosser
• Woman
• Legitimate
 TYPES OF INFORMANTS
Anonymous Informant- a phone
caller, letter writer or a text
sender. Never tell the informant
that the investigator already
knows the information. The duty
is to receive the information &
not to reveal to the caller any
other information or facts about
the case.
• Rival-Elimination Informant-
maintains identity being
anonymous. His purpose is to
eliminate rival person or gang
due to competition or other
motives such as revenge &
etc..
 TYPES OF INFORMANTS
False Informant- Usually reveals
information of no consequence,
value or stuff connected with thin
air. His purpose is to appear to be
on the side of the law & for
throwing out suspicion from
himself or from his gang or
associates.
Frightened Informant- possesses fear or has
self interest in giving information to the police.
He might be one of the lesser gang member
who runs to the police when his gang mates
are about to be involved in a dangerous
situation or when the gang is hot on the police
trail. He is motivated by anxiety & self
preservation of his well being & will furnish
information to protect himself or sustain self
importance. This type is the weakest link
in the composition of criminal chain.
Self-aggrandizing Informant- 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.
• Mercenary Informant- The informant has
information for sale. He may have been
victimized in a double-cross or little share in
the loot or given a dirty deal & seeks revenge
as well as profit in his disclosure.
Double-crosser Informant - he uses his
seeming desire to divulge information as
an excuse to talk to the police in order to
get more information from them than he
gives. To counter this kind of informant,
the police apply deception method by
giving him false information that will lead
to his capture.
• Women Informant- a female associate of the
criminals, who was roughed up, marginalized
in the deal or being eased out from the group.
care must be given to this kind of informant
because women, given the skills & expertise
are more dangerous than men. They often
give free romance that will result in
blackmailing the investigator or will result to
an extended family for support.
Legitimate Informant- desire to give
information that springs from legitimate
reasons. They may be a legitimate business
operator who abhor the presence of
criminals in their trade & parents who are
afraid that their siblings will be influenced
by their friends who are suspected to be
criminals. Others are included where their
desires to give information are impressed
with lawful motive.
Sub-types of informant

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 information.
Motives of Informant

• Vanity- the motive is for self-aggrandizement

by gaining favorable attention & importance
from the police.

• Civic Mindedness- imbued with the sense of

duty & obligation to assist the police in their
task.
• Fear- arise from an apprehension over
enemies impending dangers of his life or
family, or fear to be arrested by the police.

• Repentance- those lesser criminals such as

accomplices or accessories who have been
bothered by their conscience.
Phase 3- Gather evidence against the accused

1. Physical Evidence- any object found at the

CS
2. Testimonial Evidence- testimony from victim
or witness
3. Documentary Evidence- records
Note: Observed the principle of Chain of Custody
3 Tools or 3 I’s of Criminal Investigation

1. Information
Knowledge or facts which the investigator had
gathered from persons or documents.

Classification of sources of Information:

a. Regular sources- records, files from
government or non-government agencies,
news items, etc.;
b. Cultivated- information furnished by
informants or informers.
c. Grapevines- information coming from the
underworld characters such as prisoners or ex-
convicts.

2. Interview
is a casual or simple inquiry to a person who
have knowledge to a crime under
investigation.
 Rules of Thumb in Questioning

a. One question at a time

b. Simplicity of question
c. Use open-ended question
d. Avoid using legal term
e. Use known dialect/language of the
interviewee
 Distinctions of Interview and Interrogation
Interviews
•Purpose is to obtain information
•Moderate planning or preparation
•Private or semi-private environment is desirable

Interrogations
•Purpose is to test information already obtained
•Extensive planning or preparation
•Absolute privacy is essential
GOLDEN RULE IN INTERVIEW
Never conduct an interview if the interviewer did
not examine/check the crime scene.

Preliminary Information to be Obtained before

Conducting the Interview
• Nature of the crime
• Identity and background of the victim or witness
• Emotional state of the victim or witness
• Names of all parties involved
Interview Format: Acronym “IRONIC”

Identify
Rapport
Opening Statement
Narration
Inquiry
Conclusion
Types of Interview:

a) On-the-Scene Interview- interview is informal.

Conducted by any law enforcement officer who
first arrived at scene.
Purpose:
-obtain information and description of the suspect
-to effect immediate arrest

b) Formal Interview- conducted by the investigator-

on-case.
Typical Classes of Interviewees:

1. Children- least type to commit falsehood.

2. Young Persons- preoccupied, not yet begun to reflect
on life and environment objectively .
3. Middle Aged Persons- often the ideal witness.
4. Older Persons- physical impairment and
preoccupation affect their value as witness.
Rules for Conducting a Successful Interview

• Get acquainted with the victim or witness

• Develop rapport
• Keep them narrating
• Use open-ended questions
• Avoid leading and rapid-fire questions
Interrogation
Is the skillful/vigorous questioning of a person
suspected of having committed an offense or one
who is reluctant to disclose information regarding
the commission of crime.

Purpose of Interrogation:
a. To obtain information;
b. To obtain a confession;
c. To obtain admissions;
e. To learn of the existence and location of
physical evidence;
f. To learn the identity of accomplishes;
g. To develop additional leads; and
h. To discover any other crimes in which the
suspect participated.
Techniques in Interrogation
a. Emotional appeals. The investigator should
provides touching words that will prompt the
suspect to confides.

b. Sympathetic approach. An offer of

friendship by small acts of kindness may win
his cooperation.
c. Extenuation. The investigator does not take
to serious of the subject’s mistake .

d. Muff & Jeff. Two (2) agents are employed.

Muff, uses fear tactics. Jeff, a kind hearted
man, who will temper Muff.
e. Shifting the blame. The blame should be shift
to outside factors and not dealing with a
person who is a criminal by nature and choice.
Physiological Signals of Deception

• Facial Expressions
Anger - usually most common with the
truthful person
Fear - most commonly associated with the
deceptive individual
• Eye Contact

– Normal eye contact is maintained between

30-40 percent
– Deceptive suspects tend to avert their gaze
– Truthful persons will generally sustain eye
contact longer
• Body Posture
– Slumping head and body
– No frontal alignment with the interrogator
– Sitting with arms or legs crossed
– Slouching
Other Indicators
– An increase in sweating
– Changes of color in the skin
– A dry mouth, frequent swallowing, wetting
of the lips, or indications of thirst
Behavioral Signs of Deception
• Evasive and non-committal in answers;
frequently, do not answer the question
• Guarded, giving only the briefest of details
• Quick to rationalize (e.g., “I couldn’t have
done this because...”)
 Mental and Mechanical Acts-Distinguished

MECHANICAL ACTS:
• Mechanical Acts are human actions which do
not involve the use of mental processes.
MENTAL ACTS:
• Is any human action which requires the use or
application of mental faculties or processes to
make the specific act.
Ex: MECHANICAL ACT S

a)Physical examination of the suspect;

b) To discharge prohibited drugs from his
mouth;
c) Test for alcoholic examination;
d) To remove his apparel, like hat, dress or
articles hiding his face;
e) To be fingerprinted and photograph;
f) To submit in paraffin test;
g) To submit himself to police line-up; and
h) To submit to drug test.
EX: MENTAL ACTS
1) Ordering a person to write to get his
handwriting specimen;
2) Ordering a person to speak and answer
questions;
3) Submitting a person to lie detector
examination test; and
4) Re-enactment of the crime scene.
Instrumentation/Criminalistics
Is the application of instruments and methods
to the detection of crime.

Some areas that need scientific works:

a. Ballistics
b. Photography
c. Fingerprint
d. Polygraphy
e. Question Documents
 Crime Scene Processing
a) Documentation (Note Taking, Sketching,
Photography)
b) Crime Scene Search (Strip/Line Method,
Quadrant/Zone, Spiral, Grid/Double Strip,
Wheel)
c) Collection, Handling and Preservation of
Evidence(Note: Chain of Custody)
What is the meaning of “CS Processing”?

Is the diligent and careful methods by an

investigator to identify, preserve and collect
items of evidentiary value.
• Basic Equipment of the Investigator
a. Police line
b. Camera, Voice recorder
c. Measuring device
d. Gloves
e. Flashlight
f. Fingerprint kit
g. Evidence bag
h. Evidence tag
i. Evidence bottles
g. Investigator’s tickler
• Three Most Common Methods of Recording
a Crime Scene

 Crime Scene Note Taking

 Crime Scene Photograph
 Crime Scene Sketch
a. Photographs will supplies maximum
information and to enable the viewer to
understand how the crime was committed.
b. Sketches. is the simplest and the most
effective way of showing actual
measurement.
c. Note Taking- writing of important
observations in the crime scene.
OTHER MODE OF RECORDING INVESTIGATIVE
DATA
 
Sworn Statement- is the testimony of the person reduced
into writing, under oath or affirmation.
 
Purposes:
– To provide a written record of the case;
– To be used by the prosecution during trial;
– To discourage the witness from wrongfully changing
his testimony;
 GENERAL RULE

“DO NOT TOUCH OR MOVE ANY

EVIDENCE ONCE IT IS LOCATED
UNTIL IT HAS BEEN IDENTIFIED,
PHOTOGRAPHED, SKETCHED,
MEASURED AND RECORDED…”

10
 Note Taking

• Serves as personal record of the search for

evidence
• Remain even months after the event.
• Will supplement Photographs and Sketches.
• Complete with Five (5) W’s and One (1) H.
 Photography

Objectives

To create a visual record of the crime

scene

To capture specific details

To preserve description of item that

degrades through time
 Three Major Types of Pictorial Views

• Long-range/General Photographs

• Mid-range Photographs

• Close-up-range Photographs
Long-range Photographs

Photos that show general view of a CS

10
Photos that show general view of a CS
Mid-range Photographs

Photographs taken from 8 to 10 feet from subject

Photograph show general view of a
subject/object in a crime scene

10
Close-up range Photographs

Photos that show details of a subject

Crime Scene Sketches
Objective:

To create an accurate information about

the placement of objects and show
relationship and distances between them.
Elements of Sketching:
• Measurements- this must be accurate;
• Compass direction- a standard arrow that
designate the “North” orientation to
facilitate correct orientation;
• Essential Items- important items of
investigation.
• Scale or Proportion- will vary on the
drawing, amount of detail and the size of the
drawing paper.
 • Legend- refers to the explanation of the
symbols used to identify the objects found
in the crime scene.

• Title- includes case identification, victims

identification, scene portrayed, location,
date and hour made and the name of the
sketcher.
 
 Crime Scene Sketch

Types of Sketch
Neighborhood Sketch
 Illustrates the location of the crime
scene with respect to known
landmarks

For relatively large crime scene

EXPLODED VIEW/CROSS PROJECTION
Collection of Physical Evidence
d. Labeling and marking of evidence.
 Ideal Letter request
containing all information as
to:
-brief summary of the case

-source of the specimen

-markings

-packaging
 Crime Scene Documentation: CHAIN OF CUSTODY
(Change of Possession)

The Scene

Evidence - Seal, Markings, Evidence Log

Evidence Collector (Officer on case)

- Letter Request

Forensic Examiner
-Result
Evidence Custodian
-Court order (Subpoena)

Court Presentation

The Evidence will be officially turn-over to the court concern after testimony by the
forensic examiner.
Recommended Team Composition on CSI and
assignments of Duties:

•Officer-in-Charge: One who direct search,

assign duties, and assumes responsibility.

•Assistant: He must implement the order of the

Officer-in-Charge.

•Photographer: Photo the scene and individual

pieces of evidence.
• Sketcher: Makes sketches

• Master-Note-Taker: One who writes down the

observation and description.

• Evidence Man: Collects, preserves and tags

articles of evidence.

• Measurer: Makes over-all measurements of the

scene.
 
a. Strip Search Method

The searchers (A, B and C) proceed slowly at the

same pace along the path of the rectangle and returned
to another pace.
a. Double Strip or Grid Search Method

This method is a modification of the Strip Method.

Here, the searchers will traversed first to the base then
to the side.
a. Spiral Search Method

The three Searchers follow-each-other in the path of

a spiral, beginning on the outside and spiraling-in
towards the center, - or vice versa.
a. Zone Search Method

The area to be searched is divided into – quadrants, and

each searcher is assigned in each quadrant. The
quadrant could be cut into another set of quadrants.
Wheel Search Method

If the area to be searched is approximately circular or oval,

the wheel method may be used. The searchers gather at the
center, and proceed out-ward along radii or spokes.
Crime Scene Search
• Important Terminologies in Crim. Invest.
 Meaning of Deductive and Inductive
Reasoning:

Deductive judgment – investigator’s

conclusion is made based on theory. Collection
of evidence will follow to prove his theory is
right.

Inductive- collects all the facts available first

and allows then to determine the judgment.
Reconstruction of the Crime:
•Is the determination of the appearance of the crime scene,
place of objects and circumstances to determine what
actually occurred.

Kinds of Reconstruction:

•Physical Reconstruction: the scene is reconstructed from

the description of witnesses and the indication of evidence.
•Mental Reconstruction: developed by the Investigator
based on mental analysis from facts.
 
• ARREST
Is the taking of a person into a custody in
order that he may be bound to answer for the
commission of an offense.
Two Types of Arrest

a. With warrant issued by court

b. Warrantless/ Citizens Arrest
Validity of Warrant of Arrest

No prescription period, unless the said warrant

has been recalled by the issuing court or
quashed by higher court or the person availed
for bail.
Note: WOA can be served anywhere in the
Philippines.
Reminders:

Upon the arrest, detained and/or under

custodial investigation of a person, the
arresting/investigating agent should informed
the person of his/her Miranda rights.
Miranda versus Arizona , 384 U.S. 436 (1966)
What is Search?
Is an examination of an individual’s person, house
papers or effects, or other building and premises
to discover contraband or some evidence of guilt.

Search Warrant- 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 to search for personal property
described therein and to bring it before the court.
Validity of SW
A search warrant must be served within ten
(10) days from its date, thereafter, it shall be
void.
 Warrantless Searches and Seizures
a. Consent or Waiver search
b. Plain view search
c. Customs search or searches made at
airports/seaports
d. Search of moving vehicles
e. Routine search like boarder checks or
checkpoints
f. Stop and frisk
g. Search Incidental to lawful arrest
h. Search of vessel
i. Exigent circumstances
• Doctrine of Exclusionary Rule

It means that evidence illegally obtained by

law enforcement officer in violations of
suspect’s right, like search and seizure without
warrant, shall be inadmissible as evidence in
court. (Weeks v. United States, 232 U.S. 383 (1914), Mapp
v. Ohio, 367 U.S. 643 (1961)
• Doctrine of Fruit of Poisonous Tree
A court may exclude from trial not only evidence that
itself was seized in violation of the Constitution, but
also any other evidence that is derived from illegal
search.

Ex: Suppose a person is arrested for kidnapping and

later confessed to the crime. If a court subsequently
declares that the arrest was unconstitutional, the
confession will also be deemed tainted and ruled
inadmissible. (Silverthorne Lumber Co. vs. U.S, 252
U.S. 385 (1920)
 Important Terminologies in Investigation

• Agent of Person in Authority-any person who by

direct provision of law or by election or by
appointment by competent authority, is charged with
the maintenance of public order and the protection
and security of life and property.
-Any person who comes to the aid of person in
authority.
• Crime Scene “walk through” - provides the
investigator an overview of the entire scene,
first opportunity to locate and view the body,
identify physical evidence, and determine
initial investigative procedures necessary.
• Ante Mortem-before death
• Arbitrary Detention-detaining a person
without a legal ground.
• Cadaver-a corpse or a dead body.
• Child trafficking- the recruitment,
transportation, transfer, harboring or receipt of
a child for purposes of exploitation.
• Command Post/Holding Area- where case
conferences, briefings and debriefings are
being conducted..
Conspiracy- it exist when two or persons come to an
agreement concerning the commission of a felony
and decide to commit it.

Continuing offense- a crime in which some acts

material and essential thereto occur in one province
and some in another.

Contraband-a generic term covering all goods

exported from or imported into the country contrary
to applicable laws.
Corpus delicti- latin a word meaning “body of
the crime.”

Crime scene-a venue or place where the alleged

crime/incident has been committed.
Complex crime-a single act which constitutes
two or more grave or less grave felonies, or an
offense which is necessary means for
committing the other.
• Dragnet operation- is a police operation
purposely to seal off the probable exit points
of fleeing suspects from the crime scene to
prevent their escape.
• Dying declaration- statement of a person
made under an impending death.
Entrapment- ways and means are devised by law
enforcers to trap or capture a criminal while
committing a crime.

Instigation- law enforcers induced an innocent

person to commit a crime.

Evidence- the means sanctioned by the Rules of

Court, of ascertaining in a judicial proceeding the
truth respecting a matter of fact .
In articulo mortis- at the point of death.
In flagrante delicto- In the very act of
committing a crime.
Ipso facto- by the fact or act itself.
Mala inse- a wrong act by its nature punished as
felonies under the RPC.
Mala prohibita-a wrong act arising out of
doing an act prohibited by special laws.

Misfeasance or Irregularity in the

performance of duty-the improper
performance of some act which might lawfully
be done.
• Biological fluids- Fluids that have human or
animal origin, most commonly encountered at
crime scene (e.g., blood, mucus, perspiration,
saliva, semen, vaginal fluid, urine)

• Contamination- the unwanted transfer of

materials from another source to a piece of
physical evidence.
• Cross-contamination- the unwanted transfer
of material between two or more sources.
• Documentation- Written notes,
audio/videotapes, sketches and/or photographs
that form a detailed record of the scene,
evidence recovered, and action taken during
the search of the crime scene.
• First responder- the initial responding law
enforcement officer and/or other public safety
official arriving at the scene prior to the arrival
of the investigator in charge.
• Latent print- a print impression not readily
visible, made by contacts of the hands or feet
with a surface resulting in the transfer of
materials from the skin to that surface.
• Presumptive test- a non confirmatory test
used to screen for the presence of a substance.
• Trace evidence- physical evidence that results
from the transfer of small quantities of
materials (e.g., hair, textile fibers, paint chips,
glass fragments, gunshot residue particles).
• Transient evidence- evidence which by its
very nature or conditions at the scene will lose
its evidentiary value if not preserved and
protected (e.g., blood in the rain)
• Neighborhood canvass- is made through
interviewing people whom suspect had
dealings, saw, or known him in the area prior
the commission of crime.
 END OF SUBJECT
THANK YOU SO MUCH!