Processes of Investigation
Processes of Investigation
TRAINING OBJECTIVES : After this block of instruction, the PTs will be able to:
TO# 1 : Define Police Blotter;
TO# 2 : Enumerate the contents and details to be entered in the Police Blotter;
TO# 3 : Cite the procedures in Incident reporting and Filing Out of Incident Record Form; and
TO# 4 : List the procedures for recording Incident Report in the Police Blotter
INTRODUCTION
This module aims to familiarize and provide police trainees with the concept and importance of Police
Blotter and Incident Report Form (IRF) as the informational record either for evidentiary or referral purposes.
The primary purpose is to lay down the standard procedures on how to enter data from IRF to the Police
Blotter as performed by every Desk Officer. This in line with the Quality Service Lane Program of the PNP in
order to enhance the police frontline services in all police stations nationwide. Since police blotter is an
important part of an investigation, it is a must that everybody knows how to use it properly.
POLICE BLOTTER
A Police Blotter is a record of daily events occurring within the territory/jurisdiction of a given police
unit or command. It contains material details concerning the event for legal and statistical purposes. This
police blotter is an informational record book that is utilized for evidentiary or referral purposes.
Report Content
The entry in the Police Blotter should answer the following cardinal elements of a police report: Who,
What, When, Where, Why, How and the disposition of the case. In answering the 5 W’s and 1H and the case
disposition, all such material details about the event, including the names of the suspects, the victim, the
witnesses, if any, the nature of the action or offense, the possible motive, the place, the date and time of
occurrence and significant circumstances that aggravate or mitigate the event or the crime should be entered
along with the identity of the officer to whom the case is assigned (officer-in-case) and the status of the case.
PROCEDURES ON INCIDENT REPORTING AND FILLING OUT THE INCIDENT RECORD FORM
4. Confidential Reports.
Whenever the subject of the complaint involves confidentiality, as in cases involving protection of
women and children, the QSL Duty Officer shall escort the client to the female Duty Investigator of the Women
and Children Protection Desk (WCPD) where the filling out of the IRF shall be done. The female police officer of
the WCPD may assist the complainant in filling out the IRF, if necessary, with the latter providing the facts and
details of the case.
5. Information on the Reporting Person.
The first item to be filled out in the IRF is the general information about the reporting person. It
contains the name, address, occupation, and other general information about the reporting person, whether
he is the victim of a crime or not. It is important that this general information be taken. The object of this is to
prevent a crime that did not occur, motivated by a client’s desire to later get an extract of the Police Blotter
for purposes of an insurance, for example, or to tarnish the personal record of another person by imputing the
commission of a crime by such person. The inclusion of his home and work address and contact information
will prevent this malpractice and is likewise necessary in the event that a formal inquiry or investigation is
subsequently ordered by the Chief of Police.
6. Data of Suspect.
The next item in the IRF is the data of the Suspect. There are two (2) boxes in this item which should be
indicated with a tick mark before answering the data under Suspect. The first is whether there is no suspect or
no crime was committed. This is applicable for blotter entries where a client wants to put on official record the
loss of his Driver’s License, or Company Identification Card. Once this is checked, proceed to the next item,
which is the data of the Victim. The second box, however, should be indicated if there are suspects in the
incident. The data of the first suspects on a separate sheet of paper which will then form as an integral part of
the IRF.
1. Recording of the Crime Incident from the IRF to the Police Blotter. After the transaction with the
Reporting Person has been concluded, the crime incident report recorded in the IRF, shall be
transcribed and entered into the Police Blotter by the Desk Officer of the police station. For those
police stations equipped with the Crime Incident Reporting System, popularly known as the e-Blotter,
the designated Crime Registrar will likewise enter the record into the System.
a) Upon arrival of a walk-in complainant at the police station, the Desk Officer (DO) will courteously greet
the complainant/reportee and will ask the same of the nature of his/her complaint.
b) The DO will make assessment to the complaint/report out of the narration given by the
complainant/reportee.
c) If the complaint will fall under WCPD concern, the DO will assist the victim/complainant directly to the
duty investigator of WCPD for proper disposition.
d) The WCPD investigator will assist the victim/complainant in accomplishing the Investigation Record
Form (IRF) thoroughly and will record it in the separate blotter book of WCPD.
e) After accomplishing the IRF, the WCPD investigator will issue Incident Record Transaction Receipt
(IRTR) to the victim/complainant and will proceed to the investigation.
f) The IRF will be submitted to the personnel in-charge of the Station Investigation Section (SIS) for Crime
Incident Reporting System (CIRS).
a) Upon arrival of the arresting officers, arrested suspect/s and complainant/s to the police station, the
DO will assess the nature of complaint or what crime/infraction of the law the arrested suspect
committed and if there is need for follow-up of the case.
b) In case there is no need for follow-up, the DO will refer the arrested suspect/s to the fingerprint
technicians for booking procedure.
d) The DO will refer the case to the duty investigator for investigation including evidence or pieces of
evidence for proper disposition.
a) The DO will ask the initial data of incident from the duty Station Tactical Operation Center (STOC) for
example: fire, dragnet, arrival of VIPs etc. and the initial data will be logged in the blotter book. The
information will be relayed to the COP, Officer of the day or Chief of Office concerned and other
officers regarding the incident/event.
b) If necessary, the DO will officially dispatch the concerned police personnel such as Special Reaction
Unit (SRU)/SWAT, Police Community Precinct (PCP)personnel, Follow-up Operatives, investigators etc.
logged in the blotter book to respond to a particular police assistance or crime scene.
c) The DO will record all details of the incident that transpired within the area of responsibility of the
police station for future reference.
BASIC GUIDELINES
The narrative written in the IRF shall basically be the record that shall be transcribed in the Police
Blotter. While it is in a narrative form, it is prudent, however, to list down some necessary information in the
Police Blotter in itemized or outline form.
This shall answer the necessary requirements of the five W’s and one H.
1. Who was involved? Write down the names of all those who were involved in the incident, victims,
suspects, witnesses, and whosoever may be listed as present during the incident, or may not be
present, but has knowledge about the incident. There is nothing to lose, but all to gain, if all these
persons are listed.
2. When did it take place? Be precise, as much as possible, indicating the time and date of the incident.
3. Where did it take place? Describe in detail where the incident occurred. e.g. “In the master’s bedroom
of a two-storey brick house in 123 Juan Luna Street, Villa San Jose Subdivision, Brgy. San Roque, Nabua,
Camarines Sur”.
4. What happened? Police reports sometime indicate the crime committed based on the Revised Penal
Code (RPC), like Murder or Homicide. In initial reports, which will be subjected to thorough
investigation, this is not necessary. In the above example, a report of a “Shooting Incident” may be
sufficient. It is the job of the Investigator-on-Case to determine what crime was committed. What is
important is to present the detailed circumstances of what happened.
5. Why did it happen? The pitfall of coming to a conclusion at this early is always committed by the police
responder. The „Why‟ answers a question, among others, as to the motive of the incident. It is
necessary to list down and detail all that were alleged by the victims, suspects, and witnesses.
6. How did it happen? The narrative on how the incident happened shall be indicated to show the
description of the chronology of events that led to the incident and all the circumstances thereafter.
The actions taken during the initial investigation at the scene shall also be included. This shall include
the incident, a description of the circumstances prevailing before, during, and after the incident, and all
other peculiar details that come to the senses of the trained police responder. There is no limit to what
to include in the “How” portion of the narrative.
7. Affixing Signatures and Contact Details. As soon as the incident is transcribed in the Police Blotter, the
Desk Officer and the Reporting Person shall sign in the Police Blotter. It should be indicated under the
name and signature of the Reporting Person his address, home telephone number, mobile phone
number, and identification card presented. In the event that the Reporting Person indicates that he
does not want his contact details to be recorded in a public record as the Police Blotter, by reason of
privacy, the same should not be recorder as a matter of respect to the said person’s rights, but it
should, however, be indicated in the IRF.
TRAINING PLAN MODULE II:
POLICE REPORT WRITING
TRAINING OBJECTIVES : After this block of instruction, the PTs will be able to:
TO# 3. 1 : Define the basic terms used in police report writing;
TO# 3. 2 : List down the importance of Investigative Writing;
TO# 3. 3 : Enumerate the requisites of a good Investigation Report; and
TO# 3. 4 : Write samples of a good Spot Report.
INTRODUCTION
After learning the specific duties and responsibilities of an investigator, this module will teach the
police trainees on how to make a basic police report. Report writing is a basic duty of a police officer. A
successful investigation depends upon the finish product of concerned police officer who considers the
timeliness and quality as far as report writing is concerned. This is the primary purpose of this module. This
module will help the police trainee on how to prepare a communication in an accurate, concise, clear and
complete manner.
1. They serve as records for police administrators in planning, directing, and organizing the unit’s duties;
4. Reports can be useful to local media that needs access to public documents;
5. The author of a report should also consider that the (written) work is reflective of the writer’s
personality; and
2. Completeness – The question of “when, who, what, where, why and how?” should be answered.
5. Form and Style – The arrangement of the materials presented should be in a manner which will make
the report easy to read.
6. Clarity – The language and format of a report are simple and to the point.
7. Specific – Use of specific words that bring the reader close to firsthand experience.
1. Spot Report is an immediate initial investigative or incident report addressed to Higher Headquarters
pertaining to the commission of the crime, occurrence of natural or man-made disaster or unusual
incidents involving loss of lives and damage to properties.
3. After Operation Report is a report that may be rendered after any successful police operation that
leads to the arrest of any member or some members of syndicated crime group.
4. Final Report is a thorough, in-depth and lengthy account regarding an investigation into an incident or
case as mandated by higher authorities to establish a determination of the truth and/or how far it
could be determined based on the facts and circumstances with the appropriate recommendation for
the proper course/s of action/s to be made.
ACTIVITY:
Mechanics :
1. .
2. scenario.
Victim : Unidentified female body was found floating along the riverbank of Abra River. The victim was
described as light built, fair complexion, age between 14 to 16 years old, clad in a round neck colored white
plain t-shirt and maong pants and sporting long black hair.
1. Witnesses told that they were walking beside the aisle of the river to go fishing when they noticed the
floating body of the victim.
3. He brought the victim at the side of the river and learned that the victim was already dead.
4. Jojo proceeded to the office of Bucay Barangay Chairman to report the incident and immediately two
barangay tanod responded and cordoned the area while waiting for the arrival of PNP elements.
DEFINITION OF TERMS
2. Communication – the use of language, spoken or written, to exchange ideas or transfer information.
3. Crime Scene - the place wherein the crime occurred including its immediate surroundings.
4. Crime Scene Investigation (CSI) – is the comprehensive inquiry of a crime by conducting systematic
procedure of various investigative methodologies which involves recovery of physical and testimonial
evidence for the purpose of identifying the witnesses, and arrest of perpetrator(s) for prosecution.
Technically, it commences upon the arrival of the First Responders and conclude with the lifting of the
security cordon and release of the scene by the Investigator-on-case.
5. Dying Declaration – a statement by a person who is conscious and knows that death is imminent
concerning what he/she believes to be the cause of death that can be introduced into evidence during
a trial in certain cases.
6. Fact – is anything which either through careful observation or investigation, has been proven to exist as
to have happened.
7. First Responder - the first person who arrives and responds at the crime scene.
8. Forensic Evidence - the physical evidence of a crime which are commonly found within the crime scene
and subject to forensic laboratory examination.
9. Inquest Proceedings - is the informal and summary investigation conducted by a public prosecutor
(called the inquest prosecutor) in criminal cases involving a person arrested, without the benefit of a
warrant issued by the court, and thereafter detained, for the purpose of determining whether or not
the warrantless arrest is valid, said arrested person should remain under custody, and be
correspondingly charged in court.
10. Investigation – is the collection of facts to accomplish a threefold aim: to identify the suspect; to locate
the suspect; and to provide evidence of his guilt.
11. Investigator/Officer – shall refer to any law enforcement personnel belonging to the duly mandated
Law Enforcement Agencies (LEA) tasked to enforced RA 9208 such as officers, investigators and agents
of the PNP and NBI.
12. Investigator-on-Case (IOC)/Duty Investigator – refers to any PNP personnel who is duly designated or
assigned to conduct the inquiry of the crime by following a systematic set of procedures and
methodologies for the purpose of identifying witnesses, recovering evidence and arresting and
prosecuting the perpetrators; assumes full responsibility over the crime scene during the conduct of
CSI.
13. Note Taking – is defined as a brief notation concerning specific events that are recorded while fresh in
your mind and used to prepare a report.
14. Physical Evidence - the pieces of evidence to a particular crime tending to prove the guilt or innocence
of an individual including the suspect.
15. Report – is a detailed account of an event, situation, etc., usually based on observation or inquiry.
16. Report Writing – is a communication that lends itself to a useful tool for people in a free society to
express their thoughts and ideas and to obtain what they need or want.
17. Scene of the Crime Operation (SOCO) – a forensic procedure performed by trained personnel of the
PNP Crime Laboratory through scientific methods of investigation for the purpose of preserving the
crime scene, gathering information, documentation, collection, and handling of all physical evidence.
1. Police line - is used to cordon the crime scene in order to protect it.
3. Video camera and tape recorder - are used to view the original condition of the crime scene.
Videotaping provides an easily understandable viewing medium that shows the layout of crime scene
and location of evidence.
4. Camera - is used in taking photos of the crime scene and physical evidence during crime scene
processing.
5. Measuring device (ruler and measuring tape) - is used in measuring the distance of one piece of
evidence in relation to other pieces of evidence.
6. Hand gloves, mask and hairnet and eye goggles - are used to protect the evidence from contamination
and the IOC from harmful substances.
7. Flashlight - is used during night time to find physical evidence which may be found at the crime scene.
8. Recording materials - (chalk, bond paper, pencil, clip board and permanent marker)are used in
sketching of the crime scene.
6. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as First Responder
equipped with “police line” and a camera to secure the place of incident; and
2. Record the exact time of arrival and all pertinent data regarding the incident and then notify the
Tactical Operation Center (TOC);
3. Cordon off the area and secure the crime scene with a police line or whatever available material like
rope, straw or human as barricade to preserve its integrity;
4. Check whether the situation still poses imminent danger and call for back up if necessary;
5. Identify possible witnesses, conduct preliminary interview and ensure their availability when the IOC
arrives;
6. Arrest the suspect if around or in instances wherein the suspect is fleeing, make appropriate
notification for dragnet operations;
9. Account for the killed, wounded and arrested persons for proper disposition;
11. Brief the IOC upon arrival and turnover the crime scene;
12. Prepare and submit the CSI Form 1: First Responder’s Report to the IOC and assist the IOC in the
investigation; and
13. Conduct an inventory of the evidence taken at the crime scene Inventory receipt should be properly
signed by the First Responder, SOCO officer and the IOC.
1. Photographs - are essential to create accurate visual records of the crimes scene before any items are
moved or removed.
2. Sketching crime scenes - should be made to indicate exact location of object and its relationship to
each other and other objects at the crime scene. Sketches are excellent companion of photographs.
a. The different types of sketches are: Floor plan or “Bird’s Eye View”; Elevation Drawing;
Exploded View; Neighborhood View; and Perspective Drawing.
3. Written notes (what you have seen or observed) - Note taking is a constant activity throughout the
processing of the crime scene. It indicates a narrative description of the entire crime scene and taking
note of everything that has attracted one’s attention.
4. Fingerprints found at the crime scene - when processed, fingerprints will establish the identity of the
perpetrator and link a person to the crime.
5. Physical evidence - gathering of physical evidence is accomplished after the search has been
completed, the rough sketch finished and the photographs taken. As a general rule, do not touch move
any object unless it is properly documented.
6. Plaster cast - is used in developing tire marks and foot and shoeprint impression with the use of wax.
7. Tape recording of sounds - an audio storage device that records and plays back sounds including
articulated voices, usually using magnetic tape.
8. Video tape recording of objects - videotaping is valuable for showing an overview of the crime scene
and should be used in major cases. Videotaping provides an easily understandable viewing medium
that shows the layout of crime scene and location of evidence.
9. Written statement of subject/s and witnesses - involves the taking of statements of the subjects and
witnesses in accordance with the Rules of Court.
The following Standard Operating Procedures must be observed in booking arrested suspects:
1. Recording of the arrest made in the police blotter. When a suspect is arrested, the circumstances of his
arrest as well as the names of the Arresting Officers should be recorded in the police blotter.
2. Pat down or strip search on the suspect. This is to check whether the suspect still has in possession a
deadly weapon or any prohibited items.
3. Medical examination of the suspect. This is done to determine the physical condition of the suspect
and to check whether the person is under the influence of alcohol or drugs.
4. Taking of the suspect’s personal information (i.e. name, date of birth, physical characteristics, etc.).
5. Taking of the fingerprints or ten-prints. After the conduct of the medical examination on the suspect,
the suspect’s fingerprints or ten-prints should be taken by a Fingerprint Technician using the standard
ten-print card (PNPCL Form No. 452-038) to ensure that this will be readable by the AFIS machine.
6. Taking of the photograph or mug shots. The 4R-size photographs of the arrested suspect taken into
four (4) manners: left side half body, right side half body, front half body and front whole body against
the standard PNP Mug Shot Back Drop and with the suspect holding the mug shot identification board
indicating first the last name, first name and middle initial.
7. Lock-up of the suspects. The lock-up of the arrested suspect shall be made after the whole procedure
in booking is completed. The Duty Investigator shall prepare a Turnover Receipt Form (PNP Booking
Form-3) from the investigator to the jailer. The jailer of the police station will now take responsibility of
the suspect.
b. REMINDER: Sketches are not a substitute for notes or photos; they are but a supplement to them.
c. Types of sketches:
e. Fill in all the details on your rough sketch at the scene. Final sketch may be prepared at the office.
f. Keep the rough sketch even when you have completed the final sketch.
Use KEY-capital letters of the alphabet for listing down more or less normal parts or accessories of the place,
and numbers for items of evidence.
m. Measurements should be harmony or in centimeters, inches, yards, meters, mixed in one sketch.
INTRODUCTION
This block of instruction will provide the PTs with the knowledge in preparing an Affidavit of Arrest. The
purpose of this module is to teach the PTs on the importance of an Affidavit of Arrest in establishing the
connection between a perpetrator and the commission of a crime. To be able to perform this duty, a police
officer must have knowledge and skills in preparing an affidavit. This will make the PTs aware of the police
function that they will perform when they become regular police officers.
OBJECTIVES
At the end of this module, the PTs will be able to:
1. Enumerate the different parts of an Affidavit of Arrest; and
2. Fill-up the important details in the Affidavit of Arrest.
1. Affidavit Title – is a simple title at the top of the document stating the deponent’s name or the affiant.
3. Affidavit of Fact Statement – the first paragraph of an affidavit states the deponent’s personal info, i.e.
full name, age, occupation, complete address or residence.
4. Affidavit Footer or Affidavit Signature – an affidavit has to be signed by both the deponent and the
person before whom it was sworn. The name of the signing person must be legibly printed beneath the
signature.
COMPLAINANT : PO2 Jezrel B. Dumas, of legal age, single and a bonafide member of the Philippine
NationalPolice, presentlyassigned at Butuan City Public Safety Company (BCPSC), Butuan City
APPREHENDING OFFICERS : PO2 Joel P. Yurpo and PO2 Darryl R. Lugto, both of legal age, bonafide members
of Philippine National Police and presently assigned at Butuan City Public Safety Company (BCPSC), Butuan
City
SUSPECT : SADAM CANDANG MACARIK, 24 years old, married and a resident of Purok 11, Brgy.18 Obrero,
Butuan City
That on or about 9:30 A.M. of February 2, 2014 at Purok 2,Brgy.15 San Ignacio, Butuan City, the
suspect was apprehended and confiscated from his possession and control of one (1) unit .38 caliber revolver
with serial Nr. 051733, loaded with three (3) pieces ammunitions without pertinent documents.
ANSWER TO ACTIVITY #1
AFFIDAVIT OF ARREST
We, PO2 Joel P. Yurpo and PO2 Darryl R. Lugto, both of legal ages, bonafide members of Philippine
National Police and presently assigned at Butuan City Public Safety Company (BCPSC), Butuan City, after
having been sworn to an oath in accordance with the law, depose and say:
That, we arrested the suspect SADAM CANDANG MAC ARIK, 24 years old, married and a resident of
Purok 11, Brgy.18 Obrero, Butuan City for violation of “R.A. 8294 as amended by R.A. 10591 (Comprehensive
Firearms and Ammunitions Regulation Act). Apprehension took place on or about 9:30 A.M. of February 2,
2014 at Purok 2, Brgy. 15 San Ignacio, Butuan City.
That, while our team conducted a foot patrol at the above mentioned date, time and place the suspect
was walking towards us at more or less 7 to 10 meters. When he saw that we were approaching towards him,
suddenly he turned back and ran away.
That, we identified ourselves as police officers and ordered him to stop, but the suspect ignored and
continued running that prompted our team to chase him until he was trapped and caught. Then we asked him
why he was running away from us? He attempted to draw a gun from his waist. Fortunately, PO2 Lugto was
able to hold the suspect’s hand while holding the above firearm. Confiscated from the possession and control
of the suspect one (1) unit .38 caliber revolver with serial No. 051733 and three (3) pcs. of ammunitions.
During apprehension and confiscation he failed to present any legal document for possession of said firearm.
Suspect was immediately brought to the Police Station I, Butuan City for proper booking and filing of a case in
inquest proceedings.
That, we arrested the suspect and informed his Constitutional Rights of his arrest is without warrant of
arrest pursuant to Sec. 5, Rule 113 of the Revised Rules of Criminal Procedure, to wit:
_X_ a. When, in his presence, the person to be arrested has committed, actually committing, or is
attempting to commit an offense;
That, we are executing this affidavit to attest the veracity and truthfulness of the circumstances of the
warrantless arrest of the suspect.
IN WITNESS WHEREOF, we hereunto affix our signatures this 2nd day of February 2014 at Butuan City,
Philippines.
SUBSCRIBED AND SWORN TO before me this _____ day of February 2014 at Butuan City, Philippines.
____________________________ ____________________________
SWORN STATEMENT OF PO2 JEZREL B. DUMAS GIVEN TO PO2 VIOLETO D. PEPITO JR AT THE OFFICE OF
INVESTIGATION SECTION, BUTUAN CITY POLICE STATION 1, BUTUAN CITY AT ABOUT 11:00 AM OF FEBRUARY
2, 2014 IN THE PRESENCE OF SPO3 EULALIO N. DESOYO QUESTIONS AND ANSWERS WERE TAKEN IN
VERNACULAR AND THE SAME WERE TRANSLATED INTO ENGLISH LANGUAGE………../
The AFFIANT, after having been informed of his constitutional rights, hereby depose and say:
QUESTION 1 : Do you swear to tell the truth and nothing but the whole truth in this investigation?
ANSWER : To file aformal complaint against SADAMCANDANGMACARIK, 24 years old, married and a resident
of Purok 11, Brgy. 18 Obrero, Butuan City for violation of “R.A. 8294 as amended by R.A. 10591
(Comprehensive Firearms and Ammunitions Regulation Act).” QUESTION 4 : When and where did the incident
happen?
ANSWER : Apprehension took place on or about 09:30 A.M. of February 2, 2014 at Purok 2, Brgy. 15 San
Ignacio, Butuan City.
ANSWER : That, while our team conducted a foot patrol at the above mentioned date, time and place suspect
(referring SADAM) walking towards us at more or less 7 to 10 meters distance. When SADAM saw the police
officers on foot patrol led by PO3 Abbu, Butuan City Public Safety Company (BCPSC), Butuan City Police Office
(BCPO), Butuan City approaching towards him, suddenly he turned back and ran away. Thereafter, we
identified ourselves as police officers and ordered him to stop, but the suspect ignored and continued running
that prompted our team to chase him until he was trapped and caught. Then PO3 Abbu (team leader) asked
him why he was running away from us? He attempted to draw from his waists a gun. Fortunately, PO2 Lugto
was able to hold the suspect‟s hand while holding the above firearm. Confiscated from the possession and
control of the suspect one (1) unit .38 caliber revolver with serial Nr. 051733, loaded with three (3) pieces
ammunitions.
QUESTION 6 : Did you ask the suspect about the pertinent documents of the said firearm?
ANSWER : Yes, we asked, but he failed to present pertinent document regarding the legality of the possession
of said firearm during the apprehension and confiscation.
ANSWER : We immediately brought the suspect to Police Station 1, Butuan City Police Office for proper
booking and filing of a case.
QUESTION 8 : I have nothing to more to ask, do you have anything more to say?
IN WITNESSWHEREOF,I hereunto affixed my signature this 2nd day of February 2014 at Butuan City,
Philippines.
__________________
SUBSCRIBED AND SWORN TO before me this 3rd day of February 2014 at Butuan City, Philippines. I
hereby certify that I have personally examined the affiant statements and that I am convinced that he had
voluntarily executed and understood the same.
TRAINING SCENARIO # 1:
STABBING INCIDENT
SKILLS TO BE DEVELOPED :
2. Blotter/IRF
3. Booking Procedure
5. Spot Report
Training Objective: At the end of this role playing scenario the police trainees should be able to:
On January 1, 2013 at about 10:45 PM at Kamattele Street, Mabunga, Bulacan, Jose Mallorca, Wally
Jontiveros and Vic De Laza were having a drinking spree to celebrate the New Year’s Eve when a heated
argument ensued between Jose and Wally. Wally drew a the bolo from the scabbard and stabbed Jose on the
chest causing severe wounds.
Vic immediately reported the incident to the Police Station for assistance. As Police Officers on duty, what
will be your course/s of action to be undertaken? Suppose you arrived at the crime scene immediately after
notified, what will you do to the dying victim? If the suspect is arrested what will you do?
INSTRUCTIONS:
Victim: You will tease Wally about his baldness while having a drinking spree inside the residence of Vic. Wally
will react and start to say foul words to you.
Suspect: You will say foul words to Jose and start to push him which provokes both of you for possible fight.
Vic will pacify the commotion and as to believe that both of you were already settled, all of the sudden you
will draw the bolo from your scabbard and repeatedly stab Jose.
Witness: You will try to stop Wally from stabbing the victim but he will repeatedly do the same and threaten
you as well. You report the incident to the nearest Police Station.
Witness: Vic will approach you and advise to knock the door of the neighbor for help as he is out of the house
for police assistance.
Desk Officer: As Desk Officer you will listen to the witness and start the necessary blotter information. Right
then and there you will inform the commander about the event. The Desk Officer shall accomplish an Incident
Report Form (IRF).
Station Commander: The Station Commander will immediately dispatch his two personnel to proceed to the
crime scene and call the Tactical Operations Center (TOC) for information and take appropriate action as
appropriate.
First Responder: You were dispatched to respond to a stabbing incident that was reported by the witness
(Vic). Upon arrival at the crime scene, the incident is still on progress. You will arrest the suspect and proceed
to the Police Station for booking procedure.
TRAINING SCENARIO # 2:
SKILLS TO BE DEVELOPED :
2. Blotter/IRF
3. Booking Procedure
5. Spot Report
On March 8, 2014 at about 9:00 PM, # 69 J P Rizal Street, Blueridge, Quezon City, Mr. Herby Quizon, 35
years old, male, a Filipino actor, was seen by his neighbor Mario, beating his wife Angel. Sonya arrived, the
mother of Angel, tried to pacify them but she failed. Marco approached to help pacify the both but he also
failed and opted to report the incident to the Police Station. Upon receipt of the report, Police Officers
responded to the crime scene and in their presence the incident is still on progress. The suspect was
apprehended.
INSTRUCTIONS:
Victim: Miss Angel arrived home from work when suddenly his husband beat him for no reason.
Suspect: Mr. Herby Quizon was drunk waiting for his wife. When his wife arrived, he grabbed her and beat her
until she falls down. Allegedly, Miss Angel is cheating on him.
Witness: Marco saw Mr. Herby Quizon beating his wife, immediately he called the Police Station to report
what he just saw. You tried to pacify them but you failed to do so.
Desk Officer: Desk Officer you received a call from a concerned citizen that an incident is in progress.
Immediately, you informed your commander about the incident. And as per instruction you dispatched two of
your colleagues. The desk officer shall record the dispatch of their personnel and accomplish (IRF) Incident
Report Form prior to writing it into the Police Blotter(record book)
Station Commander: The station commander immediately advices the desk officer and dispatches his two
personnel to proceed to the crime scene.
First Responder: You were dispatched to respond to a domestic trouble that was reported by a concerned
citizen. Upon arrival at the crime scene, the incident is still on progress. Suspect was apprehended and
brought to the Police Station for proper disposition. Prepare for your affidavit of arrest and assist the duty
investigator in Booking Procedures.
Witness: You will act as the mother of Angel who will try to pacify Herby and Jackie but you failed to do so. At
the police station your daughter is crying and you accompanied her telling her to file a case against him.
TRAINING SCENARIO # 3:
SHOOTING INCIDENT
SKILLS TO BE DEVELOPED :
2. Blotter/IRF
3. Booking Procedure
5. Spot Report
Training Objectives:
On March 25, 2014 at about 7:30 PM at Lukban Street, Barangay Alupay, Rosario, Batangas, Mr. D is
working for Gaisano Batangas as Security Guard. He was waiting for a passenger when suddenly a suspect
riding a blue private motorcycle shot him. A certain Glenn Velasco, cigarette vendor, saw the incident and
identified the suspect as Harry Ponce, a security guard of the same establishment. The victim was lying on the
pavement but conscious. The responding Police Officers arrived and cordoned the crime scene. Some of the
station personnel conducted chokepoint to different possible exit point and the suspect was apprehended.
What will be your courses of action to be undertaken in this incident?
INSTRUCTIONS:
Suspect: You will ride on a motorcycle and pass by in front of Mr. D and pull out the 45 caliber, shoot the
victim and shout “Tapos ka na ngayon!”.
Witness: Glenn Velasco saw Mr. D was shot by the suspect, immediately hide for cover and run if there is
opportunity to ask for help from the Police Station.
Desk Officer: As Desk officer, you will listen and blotter the narrated report from the witness. Immediately you
informed your commander about the incident. And as per instruction you dispatch two of your colleagues.
Blotter the incident upon receipt of the complaint and upon interview of witnesses.
Station Commander: The station commander immediately advises the desk officer to inform the Tactical
Operation Center for information and appropriate action. The desk officer shall advice and dispatch his two
personnel to proceed to the crime scene.
First Responder: You were dispatched to respond to a domestic trouble that was reported by a concerned
citizen. Upon arrival at the crime scene, the incident is still on progress. Suspect was apprehended and
brought to the Police Station for proper disposition. Prepare for your affidavit of arrest and assist the duty
investigator in Booking Procedures.
Arresting Officers: You will prepare the Affidavit of Arrest and will assist the investigator-on-case the booking
of suspect.
If you have been arrested and taken into custody based on a warrant less arrest, you will undergo a process
called Inquest Proceedings. It is the informal and summary investigation conducted by a public prosecutor
(called the inquest prosecutor) for the purpose of determining whether or not the warrantless arrest is valid.
Commencement of Inquest
The inquest proceedings shall commence upon the presentation of arrested person by the police officer
before the inquest prosecutor. The concerned police officer shall also submit the following documents:
a. Affidavit of Arrest;
b. Statement(s) of the complainant(s);
c. Affidavit(s) of the witness (es) if any; and
d. Other supporting evidence gathered by law enforcement authorities in the course of their investigation of
the criminal incident involving the arrested person.
SKETCH
1. Sketch of locality – provides a picture of the scene, the crime and its vicinity, including neighboring buildings
and roads leading to the crime scene.
2. Sketch of grounds – picture the scene of the crime with nearest physical surroundings such as a house with
garden, floor plan and others.
3. The Form
a. Offense Data
- Classification of Offense
- Time/Date of Commission
- Place of Commission
- Weapons/Means Used
- Transport Data
- Status of Investigation
ELEMENTS OF CRIME
ASSAULT (Including DOMESTIC VIOLENCE) To intentionally and unlawfully threaten by word or act. Suspect
appeared to have the ability to carry out the act. Victim had well-founded fear that violence was about to
happen.
The assault was made with a deadly weapon and was made with a fully-formed conscious intent to commit
the crime.
EVENTS
SUSPECT
If suspect is listed, what is relationship between suspect and victim?
Why is person a suspect?
Can victim or witness identify suspect?
If suspect identified, how (photo line-up, known, street I.D.)? By whom?
Did suspect have a vehicle? If so, describe. If tag number on suspect vehicle was provided, give registration
information.
EVIDENCE/TESTIMONY
Any witnesses?
Statements of victim and or witness obtained?
Evidence? Where located? By whom?
Scene processed? By whom? If not, why?
Latents obtained?
Crime scene contamination list maintained?
Did K-9 respond? Results?
Name of officer?
Photos taken?
“Different types of witnesses will provide evidence from different perspectives, and these perspectives need to
be assessed by the investigator to establish the reliability of the evidence provided.”
For any investigation, the details of events provided by witnesses are a critical element of the evidence
gathered. Witness testimony is the verbal account of events or knowledge of the facts relevant to the crime.
Witness statements will assist the investigator in forming reasonable grounds to lay a charge and will assist
the court in reaching a decision that the charge against an accused person has been proved beyond a
reasonable doubt.
As the law has evolved regarding witnesses, many rules of evidence, definitions, and protocols have developed
to govern the way witnesses may testify in court. It is important for an investigator to understand these
elements as this allows an investigator to evaluate witnesses and collect witness evidence that will be
acceptable to the courts. The purpose of this chapter is to discuss the following concepts as they relate to the
process of witness management.
1. Identifying witnesses
2. Defining witness types
3. Defining competence and compellability
4. Identifying the witness/suspect dilemma
5. Witness credibility assessment
6. The truthfully-incorrect witness
7. Recognizing dominant witness influences and conformity
8. Dealing with uncooperative witnesses
9. Conducting witness interviews
10. The field interview
2. In the absence of photo ID, by establishing the witness’ identity through other means, such as police
records, confirmation of identity, or verification of identity by a credible third party.
As discussed in previous chapters, evidence can be classified as either direct evidence indirect circumstantial
evidence. An eyewitness is a person who directly saw the criminal event take place, while a corroborative
witness is a person who can only provide circumstantial or indirect evidence of the events surrounding the
crime. For example, consider two scenarios where a young cashier is shot to death during the robbery of a
convenience store. In the first scenario, one witness is found at the scene of the crime when the police arrive.
This witness was a customer inside the convenience store. She saw the robber walk up to the counter, raise
his handgun, and shoot the cashier. This witness can identify the suspect. In the second scenario, the witness
is a customer who was walking up to the front of the store when he heard what sounded like a gunshot. He
then saw a man running out the front of the store with a handgun in his hand. Upon entering the store, he saw
the cashier had been shot. He can identify the suspect.
In both scenarios, a male suspect is apprehended in possession of a handgun only two blocks away from the
scene of the crime. In the first scenario, the witness would be classified as an eyewitness; but in the second
scenario, the witness would be a corroborative witness.
In the described scenarios, both witnesses can provide valuable testimony; however, the evidence of the
eyewitness in scenario one would be given more weight at trial because there is a direct connection that the
accused committed the offence through direct evidence, and the court would not need to make any
interpretation on the veracity of any circumstantial evidence. The witness was present and saw the suspect
shoot the victim. The corroborative witness in the second scenario provides strong circumstantial evidence to
suggest that the man running from the store committed the shooting; however, additional investigation would
be needed to support the circumstantial assumption that the person seen running from the store committed
the shooting.
Clearly, eyewitnesses are the type of witness that investigators hope to find in their investigative efforts. Any
police investigator will tell you, eyewitnesses are frequently not present at the scene of a crime, and therefore
investigators need to be skilled at discovering additional physical and circumstantial evidence that can assist
the court in reaching its conclusions in relation to the evidence of a corroborative witness.
In the second scenario, additional evidence that might assist the court to reach a conclusion that the suspect
running from the store was the shooter might include the following: ballistics from the handgun seized from
the suspect matching the fatal bullet found in the body of the accused, gunshot residue from the hand of the
suspect showing that he had recently fired a weapon, and/or conclusive information indicating that the
suspect and the shooting victim were the only two persons inside the store at the time of the shooting.
This is not to say that these same items of additional evidence would not also be useful to corroborate the
witness in the first scenario. The difference is that, in the case of an eyewitness, the additional evidence is a
value that is added, while in the case of the corroborative witness, more evidence is required to support the
conclusion of guilt beyond a reasonable doubt.
2. Independent Witness
In addition to considering the evidence of a witness based on being an eyewitness or a corroborative witness,
the court will also give additional weight to evidence that comes from a person who is an independent
witness. An independent witness is sometimes referred to as a third-party witness. They are characterized as
independent because;
In other words, an independent witness is someone with nothing to lose and nothing to gain by the outcome
of the case. With this inferred lack of vested interest to either side, the independent witness is seen by the
court as providing unbiased testimony. Similar to the court, an investigator can attribute more confidence to
statements made by persons who are established to be independent eyewitnesses or independent
corroborative-witnesses to an event.
For a person to be called as a witness to testify in court, that person must be accepted by the court as being
both a competent witness and a compellable witness. There are some rules that apply to assessing both
competence and compellability of witnesses, and it is important for an investigator to understand these rules
and definitions since it can negatively affect a case if key evidence is expected from a witness who is found
either not competent or not compellable to testify. The examination here is not intended to be a
comprehensive review of the rules of competence and compellability, but an overview of the main statutory
issues. Case law relating to the finer points of witness competence and compellability is constantly evolving
and, where applicable, may be presented in a court to challenge a witness.
A Compellable Witness
Most of the people an investigator will encounter during their investigations will be considered compellable to
testify. Any person can be compelled to attend court as a witness by way of issuing a subpoena. If they fail to
attend court after being served with a subpoena, the court may issue a warrant for the arrest of that witness
to bring them before the court to testify. That said, once a person is compelled to attend court by either a
subpoena or a warrant, there are still certain circumstances under which that person may be considered
exempt, or not compellable to provide certain types of testimony. These circumstances relate to when the
witness is an accused person or when the witness is the spouse of the accused.
A Competent Witness
All witnesses are also considered competent to testify unless it can be shown that they lack certain
personal abilities or capacities. Historically, common law barred certain people from testifying. These people
included convicted criminals, very young children, the mentally ill, and spouses of an accused person.
There are three classes of exceptions; children, persons with low mental capacity, and spouses. For
each of these classes of people, it is up to the opposing counsel in court to make a challenge and establish the
incompetence of the witness.
There is a presumption that the witness possesses both capacity and responsibility to give evidence.
1. only the ability to recall what they have seen and heard, and
One of the most significant issues to be considered in assessing a witness is determining if they are a witness,
or if they are a suspect posing as a witness. More likely than interviewing false reporters of crime,
investigators find themselves interviewing a variety of ordinary people who truly have been the victim of a
crime, have witnessed a crime, or witnessed some aspect of a criminal event. The level of confidence an
investigator can have in a witness will be contingent on several factors relating to who the witness is, the
abilities of the witness, and the circumstances of the event.
1. Witness profile. Ideally, every witness would be an upstanding member of the community with a high
level of integrity and an outstanding reputation. This is rarely the case. The nature of criminal activity and the
natural proximity and association of criminals within a criminal community, often skew the witness list more
towards those with more colourful and less upstanding personal profiles. Being part of the criminal
community, or having a criminal record, does not necessarily mean that a witness will not be truthful.
However, these are factors that an investigator must consider when assessing the value of the evidence being
reported. For example, if a witness has a record for perjury, their evidence should be carefully scrutinized and
additional corroboration may be required to strengthen the witness’ account of the events to achieve
acceptable credibility for the court.
2. Witness bias — motivation to lie. As discussed earlier in this chapter, independent witnesses who are
not connected to the victim, the accused, or the event itself make the most credible witnesses. People close
enough to a criminal event to become witnesses are often, in some way, related to the victim, the suspect, or
to the event itself. As such, the associated witness may have a bias in making their report of the event. As a
friend or foe, the witness may have some motivation to withhold information or to lie to influence the
outcome. Understanding how each witness fits into the event, and what their linkages are to other
participants or the event itself, is an important dynamic to uncover. In the case of a bias witness, additional
corroboration should also be looked for.
3. Witness involvement — emotional impact of the event. Criminal events can be very stressful and
anxiety producing experiences. This is not only true for the victim but for anyone who has been exposed to
danger, violence, or situations where threats to personal safety or incidents of injuries or death have occurred.
As human beings, we are not conditioned to live through these kinds of events without experiencing some
kind of emotional response. Post-Traumatic Stress Disorder speaks directly to the emotional damage
traumatic events can inflict (Resnick, Kilpatrick, Dansky, Saunders, & Best, 1993). It is important for an
investigator to consider the nature of the event and the exposure of the witness to these dynamics. Extreme
post traumatic trauma, such as observing the violent death of a loved one, can sometimes render that witness
unable to provide a reliable account of details (Streets, 2011). It may be necessary to give some witnesses time
to regain their composure to provide information or evidence. In some cases, the traumatic effect is too
significant and the information cannot be recovered. Knowing how a witness is connected to the event and
being able to comprehend their potential exposure to emotional trauma provides the investigator with the
insight that certain strategies, such as softer interview techniques, flexible timing, and professional support
resources that take the emotional trauma of the witness into consideration, may be necessary and
appropriate. Another kind of emotional trauma is a witness’ fear for their personal safety. This can be a fear of
physical, psychological, or emotional reprisals for the witness providing evidence. In a situation that includes
organized criminal groups, this fear is a genuine and understandable concern. In these types of cases, it may
be difficult to protect the identity of a witness, and assurances of protection of the witness can be subject to
jurisdictional or organizational limitations of witness protection resources.
4. Location when viewing the event. A witness’ physical location when observing an event can become
an important point of evidence, and should be considered and included in the interview and statement of
each witness. If a witness is providing details of the event that required them to be in direct proximity of the
accused or the event to observe or hear, the physical location of the witness at the time of those observations
is a critical element. Physical location can also be important in explaining gaps or differences in witness
observations. The fact that one witness to a crime observed certain actions, but another witness did not, can
sometimes be explained by the alternate angles of observation of each witness or because of some physical
obstruction that affected one witness but not the other. Crime scene photos and diagrams can often help
witnesses to demonstrate and describe their distinct perspectives. Returning to the scene of the crime to
physically establish these locations and angles of observation can be a useful exercise for investigators to
conduct.
5. Awareness of the crime — intent to observe and recall the occurrence. In most cases where a crime
has occurred, a witness will know that the crime is happening, and this awareness will engage their attention
to make observations that they can later recall and give an account of. In other cases, where a witness has not
been alerted to the crime and is only observing the evolution of events as part of an unremarkable sequence,
their memory is not as engaged and their processes of observation may not be as keen. To demonstrate this
point, consider an example where a group of three people are standing in the teller’s line at a bank.
Scenario
At the front of the line, a young man hands the bank teller a note advising, “This is a robbery. I have a gun. Put
all the cash from your till into an envelope and give it to me. Do not press the alarm or I will shoot you.” The
bank teller is aware that a crime is taking place; however, the two customers standing in line behind the
robber are simply waiting their turn. The customer standing immediately behind the robber suddenly notices
that the teller looks frightened and sees she is placing the contents of her cash drawer into an envelope. The
third customer in line remains unaware and is talking on the telephone to his wife about their grocery list. The
robber grabs the cash-filled envelope from the teller and turns to run out of the bank. The customer
immediately behind him steps out of his way, but he bumps into the third customer still talking to his wife. In
this scenario, an investigator could expect to get a detailed account of the events from the bank teller who
was engaged in the event and aware of the crime from the outset. The customer immediately behind the
robber become aware of the crime and was making observations half way into the robbery. This customer
could likely provide some significant details. The third customer in line was never aware that a crime was in
progress and, other than perhaps providing a limited description of a man who bumped into him, his value as
a witness may be negligible. Many witnesses who make observations of a criminal’s activities in the pre-crime
stage or in the post crime stage, when they are leaving the scene of the crime, fall into the category of not
being aware of the crime. This does not mean these witnesses will be of no value but that their casual
observations need to be identified and recorded as soon as possible.
6. Length of observation time.
7. Time elapsed between the event and the interview. If a witness is providing a remarkably accurate
recollection of something being recounted from any distance in the past, it is a good idea to ask that person
how they can recall what should be a mundane event with such a degree of accuracy or clarity. If they are
correct, the witness will sometimes provide a memory trigger that made them notice and causes them to
recall. For example, a witness may answer, “Yes, I remember that green van with all the damage to the front
end because my brother has a green van just like that and I looked at the driver and saw that it wasn’t my
brother. I looked at it even closer because I had never seen that van on my street before.”
8. Ability to record or repetitively recount details.
9. Physical abilities — hearing, sight, smell, touch, taste and cognitive perception.
10. Cognitive capacity and age of witness.
Arriving at a crime scene, investigators are often confronted with a cast of characters who may be victims,
witnesses, or suspects in the matter to be investigated. In the case of an active event, where immediate in-
depth interviews are not possible, it is important to:
Attending the scene of an event, the first immediate field interview may be as simple as asking an apparent
victim or a probable witness, “What happened here?” This simple question serves several purposes for the
investigator. First, it shows that the investigator is not making any investigative assumptions based on what is
visible to him or her at first glance. With this question, the person being asked is prompted to supply their own
version of the event, as they saw it. This pure version will assist the investigator in developing a picture of the
event, and it will provide a context allowing the investigator to classify the speaker as a victim, witness,
suspect, or an uninvolved party.
If the person the investigator questioned turns out to be the perpetrator, and the investigator has no other
evidence that suggests this person should be a suspect, any statement made by that person would likely be
considered a spontaneous utterance and may be admitted in evidence without a voir dire. For example,
consider a situation where an investigator arrives at the scene of a street fight where a man has been fatally
stabbed. The investigator asks one of the men standing nearby, “What happened here?” and the man
immediately says, “I killed him and he deserved it.” This statement would be considered a spontaneous
utterance and would likely be admitted as evidence without the usual voir dire. Once this self-incriminating
statement has been made, the suspect would need to be immediately arrested and provided with the Charter
warning and caution before any further statements could be pursued through additional questioning. Clearly,
once a suspect is identified, they can no longer be considered as a witness.
If no one is immediately identifiable as a suspect at the scene of an event, it is reasonable for the investigator
to proceed with classifying the persons present as possible witnesses. As discussed earlier in this chapter, to
classify the witnesses, the investigator must consider the nature of the evidence that the witness can provide:
Direct evidence of the eyewitness, which is evidence of seeing the criminal event occurring and
perhaps even identifying the suspect; or
Circumstantial evidence of the corroborative witness, which is indirect evidence of events, physical
evidence, timelines, and spatial relationships that can assist the court in reaching a logical presumption of how
the crime occurred and who was responsible.
Interviewing a witness is not just a simple matter of hearing their version of the events. There are many
factors that can come into play in determining how credible a witness is. Following the initial field interview,
and once the event is under control, it is important to take the witness’ formal statement at the earliest
available opportunity. Taking the witness statement should be conducted using the best technology available
given the circumstances. If audio and or video recording devices are not available, or obtaining them would
cause an unreasonable delay in getting the witness statement, a written statement should be taken. No matter
how the witness statement is recorded, it should be the goal of the investigator to obtain the best,
uninfluenced, and unbiased version of events from a witness.
Like the threat of conformity being induced by a dominant witness, a witness can also be influenced by leading
questions asked by an investigator. Some witnesses are so eager to assist in solving the crime that they will
attempt to guess the answer to a leading question instead of admitting that they do not know the answer. The
caution here is to avoid asking leading questions. Leading questions are questions that a witness might be able
to infer the answer by the nature of the wording. An example of a leading question would be:
“Did you see Larry pick up the revolver and shoot Bill in the head?”
This leading double question can be answered yes or no, and it also supplies the witness with a significant
amount of information that the witness can infer about the details of the event. These may be details that
they would not have previously known. From this question, the witness could infer that Bill was shot in the
head, the weapon used was a revolver, the suspect in the shooting was Larry, and the revolver was picked up
from somewhere. A better and more appropriate initiation of the statement would be: “Did you witness an
event today? Tell me what you saw.”
Although this open-ended approach to statement taking is more time consuming, the investigator at least
knows that they are not planting any ideas or words to influence the witness’ account of the event. Taking a
statement in this manner is known as taking a pure version statement. A pure version statement needs to be
the witness’s best, uninterrupted narration of the events, as they recall it. As the witness recounts their best
memory of the event, the investigator must resist the temptation to intervene and ask clarifying questions on
the points being revealed. Clarifying questions like the question used to start an interview can be leading and
can influence the witness’ statement.
As the witness recounts their pure version of the events, the investigator should be taking notes on points to
be clarified once the entire statement is completed. Those questions should remain as open-ended as
possible. So, if the witness has stated in their pure version of events, “I walked into the room and that is when
I saw the shooting happen,” the clarifying question should be an open-ended prompt, such as, “You said you
saw a shooting happen, tell me more about that.”
There are many different techniques and strategies for witness interviewing that cannot be addressed in this
short book as part of an introduction to investigations. The best advice for new investigators for the
interviewing of a witness is learning to be patient and allow the witness to tell their story in their own time
and in their own way. Avoid the human tendency of trying to assist and interact with the speaker by asking
questions, filling in the blanks, and clarifying things while the story is being related. The more effective
interview technique is one where the witness can exhaust their memory and relate the events to the best of
their ability without interference and the contaminating influence of questions that might derail their train of
thought.
As discussed earlier, it sometimes happens that a witness or a reporting victim will turn out to be the
perpetrator of a crime. In these cases, allowing the person to provide their full uninterrupted statement can
produce incriminating indicators or even evidence of involvement. There is a tendency for criminals who
fabricate their report of a crime to make sure they are adding information in their statement that helps
eliminates them as a suspect. This can include unsolicited alibis for their whereabouts and their activities at
the time of the reported event. When a witness supplies this type of information without being prompted, it
can be an indicator of personal involvement in the criminal event. Any such voluntary explanations of personal
activities should be recorded carefully and closely scrutinized to confirm the validity of facts. Follow up
questions to unsolicited explanations should include seeking the names of independent witnesses who might
be able to corroborate the witnesses account.
In the case where an investigator suspicious that a reporting witness or victim may be the perpetrator of the
crime, there is no obligation to reveal that suspicion until evidence exists that allows the investigator to form
reasonable grounds for belief. If further investigation determines that the statement is a fabrication, this may
be sufficient circumstantial evidence to require a warning for at least the offence of mischief for making the
false report. In such circumstances, a Charter warning and caution are appropriate before additional
questioning is undertaken.
The written, audio, or video statement of a witness taken by a police investigator will become the permanent
record of events as seen by that witness. The police investigator will use the content of that statement as a
reference document in the construction of search warrants and in support of reasonable grounds for belief to
lay an arrest. The crown prosecutor will use the statement to construct their case for presentation to the court
and for pre-trial disclosure of the evidence to the defence counsel. The statement will serve as a document
from which the witness may refresh their memory of events to provide accurate testimony to the court.
Considering the foregoing list of uses, the witness statement needs to be as accurate and complete as
possible. The standard format used to begin a witness statement is as follows:
This is the statement of witness’s full name taken on date and time at location where taken by name of
person taking or recording the statement.
At the conclusion of the statement, it must be signed by the witness. If the statement is audio and or video
recorded, the foregoing preamble needs to be used to start the statement, and once the statement is
transcribed, the witness should sign the hard copy transcription.
Beyond taking a statement, one of the most common forms of obtaining information from a witness is the
practice of having witnesses identify a suspect through the viewing of photographs or photo lineups. This kind
of after the fact identification of a suspect will be subjected to scrutiny when it is presented in court. Strict
protocols must be followed to demonstrate that the process was conducted in a fair and unbiased fashion.
Under no circumstances would an investigator ever present the witness with only a single photograph or a
single lineup suspect and ask if this is the suspect. Additionally, under no circumstances should an investigator
ever state that the suspect is one of the persons in the lineup.
In the practice of presenting photo lineups, the photos are arranged in a series of eight pictures or more that
are permanently mounted into a series of numbered windows of a special photo lineup file folder.
[Long Description]
The suspect’s photograph is one of the eight pictures and the remaining seven photos are called “distractor
photos.” To be fair, these distractor photos need to be reasonably similar to the suspect photo in terms of
gender, age, race, head hair, facial hair, and glasses. When the photo lineup is presented to the witness, there
should be instruction by the investigator that the suspect of the investigation may or may not be in this photo
lineup (i.e., “Please look at all the photos carefully and only select the number of a photo if you are certain it is
the suspect you saw at the time of the event”).
Like photo lineups, live persons may be used to conduct a suspect identification or a suspect in custody. These
live lineups are more difficult to create because they require the cooperation of the suspect and if the suspect
does something during the viewing that could draw attention to him; it could prejudice the lineup process. As
with the photo lineup, the distractor subjects need to be selected to be fairly similar to the suspect; however,
unlike photo lineups, the live lineup requires the additional elements of ensuring that everyone is of similar
height, weight, body shape, and dress. You cannot put the suspect dressed in a shirt and tie into a lineup with
distractors wearing blue jeans and tee shirts.
Another means of suspect identification is permitting the witness to page through volumes of criminal file
photos that are part of the local police photo collection. This technique is sometimes used when there are no
identifiable suspects and the witness is reasonably certain that they will recognize the face of the suspect if
they see it again. The negative aspects of this strategy are that it can take a great deal of time, and a witness
can sometimes become confused by the process and overloaded with the viewing of too many faces, causing
an eventual loss of confidence in making a proper identification.
Summary
This chapter examined the broad range of issues that must be considered by an investigator in relation to the
collection of information and evidence from witnesses to a crime. These issues range from the way witness
evidence is classified and validated to the way witnesses are assessed and evaluated to determine their ability
to give evidence and the credibility of the evidence they give.
The chapter illustrated the processes required for proper witness management during investigations. These
task processes of witness identification, classification, credibility assessment, and proper interviewing
practices in statement taking are all components of witness management that demonstrate professional
standards applied by a criminal investigator.
Study Questions
Long Descriptions
Photo lineup long description: A sample document asking the public to identify a suspect in a criminal
investigation. Head shots of eight young men of similar age are numbered. Below, the document says, “The
person that the police are seeking to identify in their investigation may or may not be one of the persons in
the photo lineup above. If you positively recognize one of the photographs above as the person you saw,
please write the number of that photograph in the space below.” Below, it says, “I recognize the person
shown in photo #[blank],” and below that is space for “any comment regarding your observation” and the
signature of the witness.
A disclaimer at the bottom says “Photos illustrated in this mock photo lineup are student photographs and
have been kindly provided with the cooperation and consent of Law Enforcement Studies students and
Bachelor of Law Enforcement Studies students from the Justice Institute of British Columbia.”