Antoneitte Aguillon Medellin
Etymology of Investigation
The term came from the Latin word INVESTIGARE (vestigare in some books) which means “to track or to
look into for traces”.
Fundamentally, it may have been derived from VESTIGIUM, another Latin word which means footprint.
(MS Encarta Reference Library, 2009)
Criminal Investigation came from the Latin term Investigat, which means “to inquire or to discover”
during the 5th century (Microsoft® Encarta® 2008. © 1993-2007 Microsoft Corporation).
Definition of Terms
Investigation refers to the process of carrying out a detailed examination or inquiry usually in official
manner, to discover something or somebody.
Criminal Investigation is a logical process of collection and analysis of facts about persons, things and
places relative to a crime. It includes:
Identification of the guilty party
The location of the whereabouts of the guilty party, and
Providing admissible evidence to establish the guilt of the parties involved in the crime.
Criminal investigation is an undertaking that seeks, collects, and gathers evidence of a crime for a case
or specific purpose (http://www.pinow.com/investigations/criminal-invesrigations)
Criminal Investigation as
an art based on intuition and sometimes by chance.
a science because it involves the application of knowledge of forensic sciences.
a process because it involves systematic procedure.
TIMELINE AND PERSONALITIES IN CRIMINAL INVESTIGATION
2100 B. C. BABYLON: as civilization developed, social and cultural traditions were codified into formal
laws. The Code of Hammurabi was then implemented to detect those who refused to obey the law. It
imposes the Lex Taliones
5th CENTURY B.C., ROME: Rome created the first specialized investigative unit. It was named as
QUESTORS/TRACKERS/MURDERERS due to their cruel treatment to suspects in investigating crimes.
6th CENTURY B.C. ATHENS: Unpaid magistrates (judges), were appointed by the citizens to make
decisions for the cases presented to them.
9th CENTURY. ENGLAND: King Alfred the Great established a system of “mutual pledge” (social Control),
which organized for the security of the country into several levels;
AT ABOUT THE TIME OF CHRIST, ROME: The Roman Emperor Augustus picked out special, highly
qualified members of the military to form the Praetorian Guard, the Praefectus Urbi and the Vigiles of
Rome.
1285 A.D., ENGLAND: THE STATUTE OF WINCHESTER was enacted establishing a rudimentary criminal
justice system in which most of the responsibility for law enforcement remained with the people
themselves.
1720’s, ENGLAND: JONATHAN WILD – He was a buckle maker and a brothel operator; a master criminal
who became the London’s most effective criminal investigator.
1750s, ENGLAND: HENRY FIELDING – An English man who wrote a novel entitled “TOM JONES” and was
appointed as magistrate (sheriff) for the areas of Westminster and Middle Age, London. He was the
creator of the Bow Street Runners.
1753, ENGLAND: JOHN FIELDING – The younger brother of Henry Fielding who took over the control of
Bow Street Court in 1753. Despite of his closed vision (blind), he guided the runners, they became quite
effective.
1800, LONDON: PATRICK COLQUHOUN – A prominent London President who proposed the unique idea
of creating sizeable uniformed force to police the city of London in order to remedy the public outcry
concerning the increase of criminality during the early 1800s.
EARLY 18TH CENTURY, ENGLAND: The first body of public-order officers to be named police in England
was the Marine Police, a force established in 1798 to protect merchandise in the port of London.
1811, FRANCE: EUGENE “FRANCOIS” VIDOCQ - established a squad of ex-convicts to aid the Paris Police
in investigating crimes. He worked under the theory of “Set a thief to catch a thief.” He introduced the
concept of “Trade Protection Society,” which became the forerunner of our present-day credit card
system. He is credited, as the founder of La Surete, France’s National Detective Organization.
1829, LONDON: ROBERT PEEL – The founder and chief organizer of London Metropolitan Police. He
introduced the techniques in detecting crimes such as detectives concealing themselves, and secretly
photographing and recording conversations.
1833, ENGLAND: London Metropolitan Police employed the first undercover officer.
1835, TEXAS RANGERS was organized as the first law enforcement agency with statewide investigative
authority. This is the forerunner of the Federal Bureau of Investigation (FBI).
1839, BIRTH YEAR OF PHOTOGRAPHY: WILLIAM HENRY FOX TALBOT explained a photographic process
he had invented to the Royal Society of London.
(1847-1915), DR. HANS GROSS – The earliest advocate of criminal investigation as a science.
1852, U.S.A: CHARLES DICKENS is a great novelist in which through his story entitled bleak house, he
introduced the term detective to the English language (Adams & Taylor, 1995).
1852, U.S.A: ALLAN PINKERTON was the America’s foremost private detective. This individual truly
deserves the title of “America’s Founder of Criminal Investigation.” Among methods pioneered were
“shadowing,” the art of suspects surveillance, “roping,” working in undercover capacity, they have the
motto, “We never sleep.”
1856, U.S.A: KATE WAYNE: The first woman detective in the history of criminal investigation. She was
hired by the Pinkerton Agency and contributed to the resolutions of big cases of the United States of
America.
1866, U.S.A: THOMAS BYRNES - He is an unusually keen-minded individual who trained his detectives in
recognizing individual criminal techniques. He founded the criminal “modus operandi,” or
method/mode of operation.
1866, LIBERTY, MISSOURI, USA: THE JESSIE JAMES GANG made the first hold-up which marks the
beginning of the gang’s 15-year hold-up and robbery spree (12 bank hold-ups and 12 train stage coach
robberies in 11 states). Clay County Savings Association was their first victim and their take was
$60,000.00.
1877, ENGLAND: HOWARD VINCENT – He headed the newly organized Criminal Investigation
Department in Scotland Yard.
1882, FRANCE: ALPHONSE BERTILLON – A French Police Clerk who introduced and established the first
systematic identification system based on the Anthropological Signalment (Anthropometry). He is
considered as the founder of Criminal Investigation.
1887, DR. ARTHUR CONAN DOYLE – He popularized the scientific Criminal Investigation by creating the
fictional detective Sherlock Holmes and his friend Watson.
1892, ENGLAND: FRANCIS GALTON – An English man who published his study on classifying fingerprints
and recognized the uniqueness of the fingerprints to be used as evidence against a suspect
1909-1924 JOHN EDGAR HOOVER – He became the head of the Federal Bureau of Investigation, which
was established by the attorney general from 1909 to 1924.
1913, PHILIPPINES - The genesis of Criminal Investigation in the Manila Police Department, presently the
Western Police District took place.
1918, ENGLAND, a new concept was introduced in the field of Criminal Investigation. This is known as
“Team Policing.”
1954, USA: DR. PAUL KIRK – The best known Criminalist who headed the Department of Criminalistics at
the University of California, USA.
1966, USA: MIRANDA Vs ARIZONA – The US Supreme Court established procedural guidelines for taking
criminal confessions. The case is the origin of the present Miranda rights of every accused under the
custody of police.
RELEVANT LAWS/ PROVISIONS APPLICABLE IN CRIMINAL INVESTIGATION
ACT No. 175. The law that establishes the Insular Police Force which was entitled “An Act Providing For
The Organization And Government of an Insular Constabulary.” It is the organic act creating the
Philippine Constabulary (PC). Approved July 18, 1901.
ACT No. 225. This is the law which established the Philippine Constabulary. Approved October 3, 1901.
REVISED ADMINISTRATIVE CODE OF 1917, SECTION 825. The Law stated that the Philippine
Constabulary is a national Police Institution for preserving the peace, keeping the order and enforcing
the law.
RA No. 4864. The law otherwise known as the Police Act of 1966, It created the Office of the Police
Commission (now National Police Commission). It was under the Office of the President and was created
as the supervisory agency to oversee the training and professionalization of the local Police forces.
Proclamation No. 1081 was the date of declaration of Martial Law in the country by the former
president of the Philippines Ferdinand E. Marcos on September 21, 1972. Consequently, military officers
from the Philippine Constabulary (PC) were designated as Officers-in-Charge of the respective police
department of the different cities and municipalities and took control of the supervision, administration
and operation thereof. Those were the days where a young first lieutenant of the PC requires a peace
officer with a higher rank including the chief of police to salute him.
PD No. 421. This is the law that integrates the police force in greater scope in Manila area to test its
effectiveness particularly the first four cities: Manila, Quezon, Caloocan and Pasay. It was Mayor Arsenio
Lacson who proposed the idea that police should be integrated.
PD No. 482. The law that integrates the police force in the provincial level particularly the provinces of
Pampanga, Nueva Ecija, Bulacan, and Misamis Oriental. This was approved June 13, 1974.
PD No. 765. The law which stipulated that the office of the National Police Commission was under the
office of the Ministry of the National Defense (now Department of National Defense). Approved August
8, 1975.
RA No. 6975. The law otherwise known as the Department of Interior and Local Government (DILG) Act
of 1990. This is the law that created the PNP and subsequently dissolving the PC whose officers and rank
and file were given the privilege either to join the AFP or the PNP within the period as provided therein.
RA No. 8551. This law is known as The PNP Reform and Reorganization Act of 1998 which is at present is
the operational law that governs over the PNP. This was approved February 25, 1998.
1987 PHIL CONSTITUTION, Art 3, Sec. 12(1). “Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to have a competent and
independent counsel preferably of his choice. If the person cannot afford the services of a counsel, he
must be provided with one. These rights cannot be waived EXCEPT in writing, signed and in the presence
of a counsel.”
1987 PHIL CONSTITUTION, Art 16, Sec 6. “The state established and maintained one police force, which
shall be National in Scope and Civilian in Character, to be administered and controlled by the National
Police Commission. The authority of the local executives over the police shall be provided by law.”
RA No. 7438. An act defining certain rights of person arrested, detained or under custodial investigation
as well as the duties of the arresting, detaining, and investigation officers and providing penalties for
violation thereof.
THE CRIMINAL INVESTIGATOR
Criminal investigator is the superstar in the process of investigation. He
must be capable of observation and a rational thinker. Many times, a
police investigator is being tested with his discretion.
Roles of Investigator
1. Determine whether a crime has been committed
2. Identify the victim/s and the offender
3. Locate and apprehend the accused
4. Present evidence of guilt for the suspect/s
5. Assist in case follow-up
Qualities of a Criminal Investigator
1. Perseverance - bring the desired conclusion in spite of obstacles.
2. Endurance is the ability to last physically and mentally.
3. Incorruptible Honesty and Integrity.
4. The intelligence and Wisdom of Solomon. Investigator could easily
decipher falsehood from truth and separate the gain from the chaff.
5. Acting Ability is the ability to go down to the level of different types of
individuals.
6. Mastery of the Oral and Written Communication
7. The Keen Power of Observation and Description
8. Courage is the moral fortitude to tell the truth no matter who will be hurt.
9. Working Knowledge of laws
10. The power to “read between the lines.” This is the ability of the
investigator to interpret the words or phrases encountered in the
process of investigation.
11. Working knowledge of martial arts and firearms proficiency
Desirable Traits of the Investigator
1. Superior Reasoning Ability is the ability to analyze logically a multitude of
facts and determine how they interrelate is basic to the investigative process.
Elements from the foundation of the critical thinking process:
1. Differentiating between fact and opinion.
2. Determining cause-and-effect relationships
3. Determining the accuracy and completeness of information presented.
4. Recognizing logical fallacies and faulty reasoning.
5. Developing inferential skills through deductive or inductive reasoning
2. Imagination and Curiosity
Imagination means forming mental images of what is not present.
Curiosity is the desire to learn by being inquisitive.\
3. Intuition
This is the immediate apprehension or cognition – quick and ready
insight without the conscious use of reasoning.
4. Observational Ability
Under most circumstances, the investigator will use the sense of seeing
and hearing, the former being the more significant.
5. Organizational Ability
The police investigator is continually processing various types of
information.
6. Legal Knowledge
Today’s investigator must possess a solid grounding in criminal and to a
lesser degree, in civil law.
7. Cultural Understanding and a Wide Range of Interest
An awareness and understanding of cultures different from the
investigator’s own can be of great advantage.
8. Persistence
Continuing in the face of opposition, or refusing to give up when faced
with an adverse situation.
CRIMINAL INVESTIGATION
Goals of Criminal Investigation
Generally, the goals of criminal investigation are the following:
1. To determine whether a crime has been committed;
2. To legally obtain information or evidence;
3. To identify persons involved in the crime;
4. To arrest suspects ;
5. To recover stolen properties;
6. To present the best possible case to the prosecutor.
Kinds of Criminal Investigation
Generally speaking, there are only two kinds of criminal investigation:
1. Investigation while the suspect is under arrest and detention; and
2. Investigation while the suspect is “at large”. It means that the suspect
is not under arrest or detention, as distinguished from fugitive from
justice.
The Four Phases of Criminal Investigation
1. The identification of criminal.
2. The criminal is traced, located and arrested.
3. The facts or evidence to prove the guilt of the accused are gathered.
4. Pieces of evidence are presented in court.
Components of Criminal Investigation
1. PATTERN Refers to a series of similarities that may link particular
cases or indicate that the same person is committing a series of crimes.
2. LEADS These are clues or pieces of information that aid in the progress
of an investigation.
3. TIPS Specifically refer to leads provided by the citizens that aid in the
progress of an investigation.
4. THEORIES Beliefs regarding the based on the evidence, patterns,
leads, tips and other information developed and uncover in the case.
Trichotomy of Criminal Investigation
1. Training Being a critical factor in developing good and competent
investigator, is the key to freedom from bandage of ignorance.
2. Tools To establish facts and develop evidence, a criminal investigator
must use these tools-information, interview, interrogation, and
instrumentation.
3. Technique Essence of tactical strategy in investigation.
Importance of Criminal Investigation
1. The problem on crimes and criminals should be carefully studied and
provided with solutions.
2. It helps the five pillars of the Criminal Justice system in recognizing and
identifying criminal and provides clues or information in promoting social
justice.
3. An aid in enforcing the laws and the protection of lives and properties.
Forms of Investigation
1. Formal Investigation
It refers to official inquiry conducted by a government agency in an effort
to uncover facts and determine the truth.
It is usually considered as some form of inquiry concerning of criminal
activity.
1. Inquest
It is an effort to search the basic cause of an incident such as the
commission of a crime.
1. Inquisition
A more historical description than a current usage to describe any
penetrating investigation concerning a religious issue.
1. Probe
Similar to formal investigation, is an extensive, searching inquiry
conducted by a government agency.
1. Research
It is the most employed type of investigation refers to the careful, patient
investigation done by scientist or scholars in their efforts to identify
original sources of data or causes of problem.
1. Investigative Reporting
Relatively speaking, is a recent type of investigation pursued by the
members of the press on their own initiative. It is designed to satisfy two
purposes.
To attract readers/viewers
To get to the roots of the problem
Categories of Criminal Investigation according to John Dempsey
1. Criminal Investigation vs Non-Criminal Investigation
Criminal Investigation - carried out by the police.
Non-Criminal Investigation - involves on non-criminal incidents or
events.
1. Reactive Investigation vs Proactive Investigation
Reactive Investigation - initiated on the basis of a complaint.
Categories of Reactive Investigation
1. Walk-through
- Suspect is easily determined and located.
2. Where-are-they
- Suspect has been tentatively identified but has not been
located.
3. Whodunit
- This is a case in which no suspects are initially identified.
Proactive Investigation - these are designed to catch a criminal in the
act of committing a crime.
1. Decoy operations are of blending and decoy types to catch
criminals in flagrante delicto.
2. Undercover operations usually in the form of buy-bust and
entrapment.
o
Buy-bust operation
Entrapment
3. Overt Investigation vs Covert Investigation
o
Overt Investigation - openly
Covert Investigation - in secret
Basic Steps In Crime Scene Investigation
1. Recognition- involves the efforts of identifying data, including physical
things that may provide relevant information regarding the criminal case
being investigated.
2. Collection- refers to the act of gathering those identified data or facts,
or physical things that are significant to the case under investigation.
3. Preservation- includes act of keeping the collected evidences in their
true and original for, preventing contamination or destruction of its
substantive value.
4. Evaluation- the process of determining the probative value of the
evidence.
5. Presentation- it is the function that is primarily manifested inside the
courtroom.
STARTING POINTS OF CRIMINAL INVESTIGATION
1.
0. State the problem
1. Form hypotheses
2. Observe and experiment
3. Interpret data
4. Draw conclusions
THE SIX (6) CARDINAL POINTS OF INVESTIGATION
1. WHO QUESTIONS: These are questions used to inquire on the identity
of the victims or offended party, name of suspect, accomplices,
accessories and witnesses of the crime.
2. WHAT QUESTIONS: The purpose of these types of questions is to find
out what happened or what took place before, during and immediately
after the commission of the offense.
3. WHERE QUESTIONS: These are questions that localize the place of
the incident- the city or town, the district or barangay, the street or road,
the number of the house or building. Where questions are necessary in
specifically pinpointing the particular location of the crime scene.
4. WHEN QUESTIONS: These are questions needed to determine and fix
the time, day, month and year when the crime was committed. When
questions should be specified and as accurate as possible.
5. WHY QUESTIONS: These are questions that endeavor to ascertain the
motives, causes, antecedents, previous, incidents, related facts,
background occurrences that might help explain the commission of the
offense.
6. HOW QUESTIONS: These are designed to help the investigator
determine how the crime was committed, the means/tools are
employed, the crime was discovered, and the culprit enters the
building/room.
The Golden Rule in Criminal Investigation
The golden rule states “Do not touch, alter, move, or transfer any object
at the crime scene unless it is properly marked, measured, sketched
and/or photographed.”
The purpose of this rule is to avoid the mutilation, alteration and contamination
(MAC) of the physical evidences found at the crime scene.
INFORMATION
It is the knowledge or facts which the investigator had gathered or acquired from
persons or documents, which are pertinent or relevant concerning the commission of
the crime or criminal activities.
CLASSIFICATION OF INFORMATION AS TO ITS SOURCES
1. Regular Sources
2. Cultivated Sources
3. Grapevines sources
METHODS USED IN ACQUIRING INFORMATION
1. ELICITATION
Obtain information through the process of direct communication.
One or more of the parties to the communication is/are unaware of the specific purpose
of the conversation.
CHARACTERISTICS
Subject is not aware of the true reasons or extent of your interest in his information.
You have little control of the subject.
Elicited information usually consists of isolated fragment of information.
PURPOSES OF ELICITATION
To acquire information which is unbelievable through other channel.
To obtain information which although unclassified, is not known publicly.
To provide operational information and background data on potential source of
information.
Phases:
1. Determination of the mission.
2. Selection of the subject.
3. Accomplishment of the mission.
Devices in the conduct of elicitation
o Approach is the process of setting people to start talking.
Types of APPROACH:
1. Flattery – people are susceptible to praise.
Variants:
Teacher-pupil approach – subject is treated as an authority.
Kindred Soul approach – subject is placed in a pedestal having some specialized
quality
Good Samaritan approach – sincere and valid offers of help and assistance are made
to the subject.
Partial disagreement approach –produce talking by the word “I’m sure” if I fully agree.
2. Provocative approach – utilization of conversational gambits.
Variants:
Teaser Bait Approach – elicitor accumulates the sources of knowledge about a
particular subject.
Manhattan from Missouri Approach – elicitor adapts an unbelievable attitude above
anything.
Joe Blow Approach – it is “I know the answer to everything” approach.
National Pride Approach – defend their country and its policies.
o Probe is the process to keep the person or subject talking incessantly.
Types:
1. Competition Probe –used in connection with the teacher-pupil approach.
2. Clarity probe – used to elicit information in an area which the response is not clear.
3. High Pressure probe – it serves to pin down a subject in a specific area
4. Hypothetical probe – it presents hypothetical situation
2. CASING
It literally means putting a thing or place in a case
PURPOSES:
aids in the planning and operation
instill confidence to agents
considered a security measure
GENERAL PRINCIPLES
Know the best route to get there.
•Know how to conduct yourself without attracting attention.
•Know what security hazards are in the area and how can be avoided or
minimized.
Know the best route to extricate from the area of casing.
Methods:
1. Personal reconnaissance
2. Map reconnaissance
3. Research
4. Prior information
5. Hearsay
FUNDAMENTAL PRINCIPLES/GUIDELINES
To gain contact as soon as possible and maintain continuously.
•Maneuver freely in conformity with operations (dry run).
To fight only when necessary.
To report all items of information.
To develop the situation.
BASIC PROCEDURES IN THE CONDUCT OF CASING.
Preparation of general location map.
Sketch of the adjoining establishment and prominen features.
Specific sketch of floor plan of main target.
Detailed features of inner portion of target and its description.
Photographs of the casing target
Information desired in Casing
1. Area condition and habit
2. Active opposition
3. Disposal plan – in case of possible compromise
4. Escape and evasion
3. SURVEILLANCE
consist of keeping persons, place or other targets under physical observation
GENERAL OBJECTIVES
To confirm or deny allegations
Develop leads
To identify persons involved in certain activities
Provide background information for undercover assignment
Conduct additional investigation
To check on source of information
Locate addresses, or places frequented
information about subject’s activities basis for securing search warrant
Definitions of Terms
1. Pre-surveillance Conference is a conference held before a surveillance is conducted.
2. Stake-out is the observation of places or areas from a fixed point.
3. Tailing or Shadowing is the observation of a person’s movement.
4. Roping a kind of undercover work wherein surveillant assumes different
roles and identity inorder to obtain information.
5. Undercover man is a person trained to observe and penetrate certain organization
suspected of illegal activities
6. Liaison Program is the assignment of trained intelligence personnel to other agencies
in order to obtain information
7. Safe house is a place, building, enclosed mobile, or an apartment, where police
undercover men meet his action agent.
8. Drop is a convenient, secured, and unsuspecting place where agents can leave notes,
small package or envelope.
9. Convoy is an accomplice or associate of the subject.
10. Decoy any person almost similar to the subject used to avoid or elude
surveillance.
11. Contact refers to any person whom the subject picks or deals with while he is
under surveillance.
12. Made occurs the operation was compromised.
13. Lost happens when the agent do not know the whereabouts of their subject.
14. Rabbit (Hare) is a term referring to the subject of shadowing and tailing.
15. Test for tailing is the common trick of the subject when he becomes conscious
that he is being tailed.
Types of Surveillance
1. According to Intensity and Sensitivity
o
Discreet – subject is unaware
Close – subject is aware
Loose. – period of observation varied on each occasion.
2. According to Methods
o
Stationary
Moving
Technical
Shadowing, Tailing or Roping
Shadowing or tailing - act of the surveillant of following his subject to
detect criminal activities.
Roping - surveillant assumes different roles and identity in order to obtain
information.
PURPOSES OF SURVEILLANCE
basis of future raid
establish their criminal activities
prevent the commission of crime by arrest or raid
legal grounds for the application of a search warrant arrest the criminal in the
act of committing the crime
PROCEDURES IN FIXED SURVEILLANCE
•The use of listening devices and to record them
•Using a room in a nearby house or building
Other surveillant may remain outdoor, posing as someone else
PERSONAL APPEARANCE OF THE SURVEILLANT
• general appearance could easily mingle with the crowd without being
conspicuous
• adapt an inconspicuous clothes and jewelry.
• grooming and body accessories must blend with the crowd to avoid.
• unnecessary attraction or attention
• avoid noticeable peculiarities in appearance and mannerisms.
• give the appearance in attending strictly to his cover story.
• resourcefulness, alert, quick-witted, versatile
• his cover story must be believable regarding his personal appearance
PURPOSES OF FOOT SURVEILLANCE
• To detect pieces of evidence regarding criminal activities;
• To establish the associates of the subject;
• To establish places frequented by the subject;
To locate the address or temporary residence of the subjec
To locate a wanted person;
• To protect witnesses or complainants;
part of Background Investigation (BI)
form of Loyalty Check and Life Style Check.
THE DON'TS IN FOOT SURVEILLANCE
Never meet the eyes of the subject to avoid suspicion.
Avoid lurking, sleuthing and creeping manner.
Don't wear fiction story disguises, such as whiskers, artificial noses or
scars and faked deformities such as limping, or artificial mannerism.
Never carry noticeable notebooks, brief case or other objects.
Don't make entries or notes in your notebooks ostensibly or displayed
publicly.
PREPARATION FOR SHADOWING
If the subject is unknown, to the surveillant, have somebody to point to
him. Have a complete background of the subjects
Surveillant should adapt his attire to conform to the place where he
expects to find the subject.
He should be casual and should not be apparently centered on the
subject.
Study the place and surroundings of the target as illustrated in his
mental map.
It is a must that the identity of the subject be known at the start before
embarking surveillance.
Procedures in Fixed Surveillance
1. Using a room in a nearby house or building
2. The use of listening devices and to record them.
3. Other surveillant may remain outdoor
Tools Used in Fixed Surveillance
1. Binocular or telescopes
2. Movie Cameras with telephoto lens
3. Wire tapping device with tape recording apparatus.
4. Other listening devices
5. In case there is difficulty in wire tapping device, an expert in lip reading must be
employed.
The Methods of Foot Surveillance
1. One Man Shadow
2. Two-Man Shadow
3. Three-Man Shadow or ABC Shadow
4. OBSERVATION AND DESCRIPTIONS
Observation is the complete and accurate awareness by an individual of his
surroundings.
Description is the factual reporting of what is observed.
Psychological Processes for Accurate Observation
1. Attention --• becoming aware of an existence of fact or event.
2. Perception –understanding this fact of awareness.
3. Reporting
Types of Attention
Involuntary
Voluntary
Habitual
Factors involved in perception
Mental capability
Educational background
Occupational background
Empirical background acquired through experience
Factors Governing Report
1. Vocabulary
2. Time log
3. Recurrence of similar incidents
5. CLANDESTINE OPERATION – COVERT/DISCREET
A secret action undertaken in behalf of the government or other friendly forces.
Basic Organizational Elements
1. Sponsor
2. Target or rabbit
3. Agent or asset
Classification of Clandestine Agent
1.
0. Principal Agent
1. Action Agent
o
Spy is the primary and the most important human collector
Propagandist mold the attitudes, opinions and actions of an
individual group
Saboteur undertake positive actions against unfriendly power
resulting in the loss of an article, material or facility.
Guerilla is a member of paramilitary group organized to grass the
enemy.
Strongman is an agent available to provide special protection.
Provocateur induces an opponent to act to his own detriment.
Cover Action exert influence from foreign government upon
discretion of the sponsor.
ESPIONAGE – steal information
SABOTAGE- cause delay in the operation –
SUBVERSION – rumor mongering or propaganda –
to demean or destroy one’s reputation
3. Support Agent
6. COVER
Cover – any device utilized conceals the true nature of its acts and/or existence from the
observer.
Importance of Cover
Secrecy of operation against enemy intelligence.
Secrecy of operation against friendly agencies.
Successful accomplishment of the mission.
Essential Types of Cover
o Natural cover
o Artificial
o Cover within a cover
o Multiple cover
Hazards to Cover
o Static or document opposition (ordinary citizen)
o Unhostile active opposition (police, security agencies)
o Hostile active opposition (enemy intelligence operatives)
Cover Story – a biographical data which will portray the personality of the agent he
assumed.
Cover Support –assigned in target areas with the primary mission of supporting the
cover story.
Organizational Cover – any account consisting of biographical data which when adopted
by an individual will assume the personality he wants to adopt.
GUIDELINES WHEN ORGANIZATIONAL COVER IS COMPROMISED
• Make physical move or relocation.
Start new facility and let it grow.
Use new personnel.
• Let old personnel remain in place to serve as back-ups.
• Build entirely new cover, if necessary.
•When files are relocated, use circuitous routes.
Be specifically careful when making contacts with non intelligence personnel.
. Be patient.
7. Undercover Assignment - An investigation technique in which an agent conceals
his official identity to obtain information.
HOW TO PLAN UNDERCOVER ASSIGNMENT?
• Determine level which investigation is intended.
• Develop appropriate cover and cover story.
Selection of qualified personnel.
Consideration of all operational details to include documentation, contract reporting,
housing and convergence.
Briefing, coaching and rehearsals.
Uses of Undercover
Used independently to get first-hand information about the subject of investigation.
• Security evaluation of every installation.
• Verify information from human resources
Uncover concealed identity
Gain confidence of suspected persons.
Agent penetration
Supplement other investigative techniques like:
Playing ground works for raids and searches gaining entry.
• To install and maintain investigative equipment of undercover
assignment.
To assist in locating evidence.
Types of Undercover Assignment
Dwelling
Work
Social
Jurisdictional Assignment
Combination assignment
Rope job – striking up friendship with the subject.
Undercover Agent
Special Qualification
Knowledge of the language
Background regarding events
Knowledge about the customs and habits
Physical appearance
An artist or an actor
Factors to consider in the Selection of Action (Undercover) Agents
Placement – location of prospective agent with respect to the target.
Access – the capability or ability of the perspective agent to obtain the desired
information for the intelligence organization or to perform the intelligence collection
mission in the area.
Primary Access
Secondary Access
Outside Access
General Nature of Agent Handling
Sharing secret purpose.
Agent controls the agent operationally and administratively.
Rapport with each other.
Respect with each other.
Basic Agent Management
Agent handler must be in charge of the operation.
The act insure the agent adherence.
Good rapport must be established between the agent handler and the agent.
The agent handler must constantly reinforce the agent motivation.
Key Element of Agent Management
Direction and Control
a. Leadership b. Action c. Personal example
Natural Weaknesses
• Inability to keep secret
Stain of dual experience
• Need for recognition
• Experience
Agent training
Agent testing
Agent examination
Control
Authority to direct agent to carry out task or the requirements in behalf of the clandestine
organization in acceptable manner and security.
Two Categories of Control
Positive control – characterized by professionalism and rapport.
Negative control – Blackmail and threat
Termination Problem
Amount of knowledge the agent has
Inclination to use knowledge to the disadvantage of the intelligence service.
Moral obligation to the agent
Provocation
Action taken in order to incite reaction from a known adversary or to observe adversary.
Purposes
Reveal the true status of an assumed adversary.
Make a known adversary take seldom demanding action.
Provocateur
An individual from the enemy forces who is deliberately introduced in our custody with a
specific mission of causing some unfavorable action or reaction on our part.
8. INFORMANT AND INFORMER
A. Informant - any person who gives information to the police authorities relative to a
crime. Furnishes the police information relevant to a criminal case about the activities of
criminals or syndicates without any monetary consideration.
The Types of Informants
Anonymous Informant –identity is unknown to the police.
Rival-Elimination Informant – eliminate competitor
False Informant – usually reveals information of no consequence.
Frightened Informant – He is prodded by fear or self interest in giving information to the
police.
Self-Aggrandizing Informant - delights in surprising the police about bits of information.
Confidential Informant – Provides confidential information
Mercenary Informant – provide information for sale
Double-Crosser Informant - to get more information from them more than he gives.
Women Informant - female associate of the criminals.
Motives of Informants
Vanity
Civic Mindedness
Fear
Repentance
Steps of Informants Recruitment (SIAT)
Selection
Investigation
Approach
Testing
Factors to consider in Informant Recruitment
Sex
Health
Ability
Age
Education
Personality
GENERAL TREATMENT OF INFORMANTS
. Avoid the use of derogatory tterm
• Avoid disclosing the identity of the informants
• Protect the interest of the informants
. Consider all information as valuable until proven otherwise.
•Be unrevealing on the value of the information received.
• Express appreciation to all information received regardless of its value.
• Keep appointment on time even though informant may not.
. Don’t get over anxious. Be patient. Take your time.
• Keep control on the investigation.
Keep what you know to yourself. Don’t become an informant’s informant.
Dismissal of Informants
The handler should avoid antagonizing the informant.
Explain properly and humanely the reasons of dismissal.
If file of the informant exists, dismissal must be in writing for future references.
B. The Informer is a person who provides information to the police on a regular basis.
They are either paid regularly or in a case-to-case basis, or none at all.
CRITICAL AREAS IN THE DEPLOYMENT OF INFORMERS
Crime prone areas
Frequented by people
Within the ranks of criminal gangs or syndicates; associates, friends and
relatives of criminals;
Places of hang-outs of criminals
Slums and residential places where criminals have their contacts.
Any detention center where associates of the subject are incarcerated.
Places where criminals dispose their loots after committing a crime.
INTERVIEW
1. Interview is the simple questioning of a person who cooperates with the investigator.
2. Cognitive Interview conduct of interview upon willing and cooperative witnesses, to
narrate their accounts without interruption.
3. Question and Answer interview style whereby after each question by the investigator,
the interviewee is required to answer.
The Golden Rule in Interview
“Never conduct or let anyone conduct an interview if the interviewer has not gone to the
crime scene.”
Qualities of a Good Interviewer
1. Rapport
2. Forceful Personality
3. Knowledge of Human Behavior
4. Conversational Tone of Voice
5. Acting Qualities
6. Humility
Interview Format (IRONIC)
1. Identity
o
The investigator should identify himself to the witness by name, rank and
agency.
2. Rapport
3. Opening Statement
4. Narration
o
Allowing the witness to present in a narrative form without injecting
questions.
5. Inquiry
o
After the witness has told the story, the investigator can make clarifying
inquiries.
6. Conclusion
o
The interview should be concluded when the witness has nothing
pertinent to offer.
Reasons Why Witnesses Refuse to Talk or Testify
1. Fear of Reprisal
2. Great Inconvenience
3. Hatred Against the Police
4. Bias of the Witness
5. Avoidance of Publicity
6. Family Restriction
Stages of Handling the Interview
Preparation – investigator should review the facts in order that he would be ready for
the questioning.
Approach – investigator must carefully select his kind of approach.
Warming Up –clear the atmosphere, promote a conducive ground for cordiality, respect
and trust for each other.
Cognitive Interview
Rules in Questioning a Person Involved in a Crime
1. Ask Question at a Time
2. Avoid Implied Answers
3. Questions should be clearly stated
4. Saving Faces
5. Yes and No Answers are not Allowed
Types of Witnesses According To Their Attitude
1. Know-nothing Type
2. Disinterested Type
3. The Drunken Type
4. Talkative Type
5. Honest Witnesses
6. Timid Witnesses
7. Witnesses who refuse to answer
INTERROGATION
Definition of Terms
1. Interrogation is the vigorous and confrontational questioning of a
reluctant suspect about his participation in a crime.
2. Custodial Interrogation or Investigation is the investigation
conducted by the investigator on the suspect who is under police
custody.
3. Debriefing is the interrogation of a friendly interrogee who has
information at the direction of or under the control of friendly
unintelligence service.
4. Interrogation Report is an oral or written statement of information by
the questioning of an interrogee.
5. Interrogator is a person who does the questioning.
6. Interrogee refers to any person subjected to the interrogation process.
7. Screening is the initial examination of an interrogee to determine the
extent of his knowledge.
8. Source refers to any person who for any reason submits information of
intelligence interest usually on a voluntary basis.
9. Suspect refers to any person believed to be associated with prohibited
activity.
10. Witness refers to any person who has directs knowledge of facts
concerning an event or activity.
Forms of Interrogation
1.
0. Direct – the subject is aware but he may not learn the true
objectives of the interrogation
1. Indirect – the subject is aware.
Types of Interrogation
1. Screening. This is usually applied immediately after capture to obtain
background information about the interrogee (subject).
2. Formal interrogation (detailed). This is the systematic attempt to
exploit to an appropriate depth those areas of the interrogee’s
knowledge.
3. Debriefing. It is generally used when the area of knowledge ability of
the interrogation is known.
4. Interview. Similar to debriefing although it is less formal.
5. Interrogation of lay personnel (special type). In this type, the
techniques are similar to interrogation but special effort must be made.
6. Tactical interrogation. The level of interrogation where the source has
specific and detailed information that requires a trained expert in the
subject matter to be explored.
Phases of Interrogation
1. Planning of Interrogation
2. Approach (Meeting the Interrogee). The first meeting in which it is
extremely critical because the outcome may depend on the initial
impression created by the interrogator.
3. Questioning. This is the heart of the interrogation.
4. Termination. The termination of the interrogation will depend on
various factors such as the physical condition of the subject.
5. Recording. The interrogator should take notes in cryptic if possible.
6. Reporting. The end product of an interrogation is the Tactical
Interrogation Report containing the information gained. Report must be
made orally or in written form.
The Techniques of Interrogation
1. Emotional Appeal – Investor, combining his skills of an actor and a
psychologist, addresses the suspect with an emotional appeal to confess
2. Sympathetic Approach - digging deep into the past troubles, plight and
unfortunate events in the life of the suspect.
3. Friendliness - a friendly approach couple with a posture of sincerity may
induce the suspect to confess.
4. Tricks And Bluff Techniques:
o The Pretense Of Solid Evidence Against The Accused
o The Weakest Link
o Drama
o Feigning Contact with Family Members
o The Line Up
o Reverse Line Up
5. Stern Approach – The investigator displays a stern (demands immediate
response) personality towards the suspect by using the following methods:
o Jolting –investigator selects the right moment to shout to the
subject with a pertinent question in an apparent righteous outrage.
o Opportunity to Lie – The suspect is given all the opportunities to
lie.
6. The Mutt and Jeff or Sweet and Sour Method - The first set of
investigators must appear to be rough, mean and dangerous. When they had
finished the interrogation, the second investigator intervenes by stopping the
first set of investigators.
7. Removing the Ethnic or Cultural Barrier - If the suspect is an Ifugao, an
Ifugao investigator and the same should interrogate him, the same with other
ethnic or cultural groups.
8. Searching for the Soft - In every man's heart, there is always that softest
spot.
Additional Modern Techniques of Interrogation
1. Rationalization –use of reasons acceptable to the subject
2. Projection –putting the blame to other persons, not alone to the
suspect.
3. Minimization – It is the act of minimizing the culpability of the suspect.
Physical Signs of Deceptions
1. Excessive Sweating
2. Face Color Change
3. Dry Mouth
4. Excessive Breathing
5. Increase of Pulse Beat
6. Avoidance of Direct Eye Contact
INSTRUMENTATION
It is sometimes called CRIMINALISTICS
It is the process of applying instruments or tools of the police sciences
in criminal investigation and detection.
This is the use of the Police Laboratory in the examination of physical
evidences.
The different divisions of forensic science include:
1. POLYGRAPHY OR LIE DETECTION TEST – focused in detecting
deception.
Polygraphy referred to as a lie detection test.
Polygraph examiners referred to use the individual origmethod.
Pol
2. POLICE PHOTOGRAPHY – focused in providing pictorial record of the
crime scene.
3. FORENSIC CHEMISTRY - the application of chemistry to criminal
investigation. Focuses on the chemical analysis of substances
connected to a crime.
4. FORENSIC TOXICOLOGY - deals with the medical and legal aspects
of the harmful effects of chemicals on human beings.
5. FORENSIC MEDICINE – deals with the application
of medical knowledge to establish facts in civil or criminal legal cases,
such as an investigation into the cause and time of a suspicious death.
Also known as forensic pathology.
6. FORENSIC BALLISTICS or FIREARMS IDENTIFICATION - science of
firearms identification.
7. DACTYLOSCOPY or PERSONAL IDENTIFICATION - science of
fingerprint identification.
8. QUESTIONED DOCUMENTS EXAMINATION - branch of forensic
science that deals with documents having a suspicious authenticity.
9. FORENSIC ODONTOLOGY - application of dental science to legal
investigations.
10. FORENSIC PSYCHOLOGY - application of clinical specialties as
well as research and experimentation in other areas of psychology to
the legal arena.
11. FORENSIC COMPUTER TECHNOLOGY - application of
investigation and analysis techniques to gather and preserve evidence
from a particular computing device in a way that is suitable for
presentation in a court of law.
Modern discoveries of instrumentation
1. DNA Fingerprinting - a technique that simultaneously detects lots of
mini satellites in the genome to produce a pattern unique to an
individual.
2. Hair Examination. The roots of the hair when examined under this new
technology will determine the presence of drugs taken by the person
two years prior to the said examination.
3. Automated fingerprint identification system. A questioned fingerprint
is feed into the AFIS machine which will automatically search the files of
fingerprints and renders report in matters of seconds.
4. Global Positioning System (GPS). This is for the effective
identification on the location of criminals and objects thru modern and
special gadgets.
IDENTIFICATION OF CRIMINALS
SCOPE OF CRIMINAL IDENTIFICATION
1. Suspect Identification
2. Identification of actual perpetrator
3. Identification of a dead body and other victims
KINDS OF CRIMINALS IDENTIFIED BY THE WITNESSES
1. Known fugitives
2. Unknown criminals
KINDS OF SUSPECT IDENTIFICATION
1. Positive Identification
Uses information that identifies an individual beyond question and is
legally acceptable as pertaining to and originating from a particular
individual.
1. Negative Identification
Use of all other information that maybe indicative of the personal identity
of an individual such as description of witness, personal belongings
present at the scene.
IDENTIFICATION OF CRIMINAL BY CONFESSION AND ADMISSION
1. Confession
The declaration of an accused expressly acknowledging his guilt of the
offense charged.
1. Admission
An acknowledgement of a fact or circumstance from which guilt may be
inferred.
It implicates but does not directly incriminate.
IDENTIFICATION OF CRIMINALS BY EYEWITNESS TESTIMONY
1. Cartography or Sketching (Artist’s Sketch)
It consists of putting ideas in an accurate pictorial form.
It is a means of describing an object or area to satisfy a particular need.
It is done when the witness and investigator develop a picture of the
criminal with the help of a skilled cartographer.
Methods of Sketching:
1. On the spot – actual situation
2. Memory method – presence of lapse of time which is based on the own
observation of a person.
3. Semi-memory method – it is based on the observation of other person
2. Portrait Parle (Verbal Description method)
It becomes successful depending on the ability of a witness to describe
the person he saw committing the crime.
It is a means of using descriptive terms in relation to the personal
features of individual and it can briefly describe as a word description or
“spoken pictures”.
It is based on the Bertillon method of criminal identification.
A distinctive description of every feature of the face and head are
especially valuable for investigation, especially when a set of the
suspect’s fingerprints is not available in his file.
3. Rogues Gallery (Use of Photographic Files) method
It is successful if there is an existing photograph of the perpetrator in the
files or gallery of the police or law enforcement agencies.
1. General Photograph method
It includes the investigator showing variety of facial types that may not
be necessarily or directly represent the face of the criminal.
1. Police Line-up (Show ups)
It involves a process of letting or allowing a witness to select the primary
suspect from a group of chosen persons (suspects and innocent
persons).
CRIMINAL BAD LUCK
An unconscious or sublime act aiming at self-betrayal a.k.a.
VEBRECHERPECH clue which may result to the identification of
perpetrators. It may be in the form of faulty acts, carelessness,
negligence and vanity (believe on one’s cleverness or excessive pride).
IDENTIFICATION THROUGH MODUS OPERANDI FILE
It came from the Latin term for mode or method of operation.
It is a summary of habits, techniques and peculiarities, methods, tools
used in obtaining the crime and physical conditions at the crime scene.
Factors influencing MO include:
1.
0. Opportunity, desire, motive/intent
1. Knowledge
2. Experience
3. Conditions
IDENTIFICATION OF PERSONS IN GENERAL
1. Ordinary method
2. Scientific method
TRACING AND ARRESTING THE CRIMINAL
1. By informers. The informers must be given the picture of the criminal
together with his last known address and acquaintances or his possible
hang outs.
2. By informants. Informants must be contacted with the possible
information as to the whereabouts of the criminal.
3. Grapevine sources. These grapevine informants or informers have
easier access to the underworld where vital information could be
gathered as to the whereabouts of the particular criminal.
4. Tailing the wife, relatives and friends of the criminal who will deliver
provisions to the hiding place.
5. Using children of the same age as that of the children of the criminal
whose whereabouts could be unwittingly disclosed by the children.
6. Courting the girlfriend of the criminal by showing them with gifts and
passionate love. Money and love have proven in the pas as the major
consideration of the betrayal.
7. Harassing the associates and friends of the criminal with
investigation of their shady deals. They will give the desired information
in exchange for peace, or by befriending or helping them to get out of
the mess of minor violations of law.
8. Interrogation of arrested criminals known to the subject. The
criminals must be interrogated with false information that the one
responsible for their arrest are the information coming from the criminals
being sought.
9. Use of bloodhound dogs or K-9. They are used to track down the
suspect in squatter’s areas, open field or wooden terrain.
10. Considering ethnic origin of the criminal. If the criminal is from
Nueva Vizcaya, there is a great possibility that they will go home to their
provinces thru pier or airports.
11. Beware of disguises. Disguises maybe employed by the
criminal. many suspects had eluded police cordon or dragnet by
pretending to be abnormal person greased with the dark oil and acting
the mannerisms of the abnormal.
12. Publication of rewards. This maybe done through the different
media (television, radio and newspaper) that may lead to the capture of
the criminal. A week long publication together with the criminal’s picture
will pay off.
13. Corrupting with money the known associates of the
criminal. If the agent found money to be effective in exchange of very
important information that may provide resolution to the case under
investigation, then offering money could help. In the underworld, money
talks louder than other things.