Special Crime
Investigation 2
with
Simulation on
Interrogation
&
Interview
INTRODUCTION
In this Module 1, you will attain knowledge on the basic concepts of Special
Crime Investigation, notable person and cases in relation to Special Crime
Investigation, responsibilities of Special Crime Investigators and the phases of
Special Crime Investigation. Further, general and protocols of investigation as
well
as the tools of an investigator, standard recording of investigative data, Crime
Scene Processing and Scene of Crime Operations are discussed in this Module.
LEARNING OBJECTIVES
At the end of this Module 1, the student will be able to:
Determine the importance of Special Crime Investigation;
Identify the notable person and cases in relation to Special Crime
Investigation;
Define what Special Crime Investigation is;
Identify the responsibilities of Special Crime Investigators;
Determine the Phases of Special Crime Investigation;
Identify the General and Protocols of Investigation;
Familiarize the tools of investigator;
Determine the standard recording of investigative data; and
Familiarize how Crime Scene Processing and Scene of Crime Operation is
done.
MODULE 1
(BASIC CONCEPTS OF SPECIAL CRIME INVESTIGATION)
INTRODUCTION
As crime continues to be a major problem in society, the criminal justice
system struggles to maintain its effectiveness. Special crime investigation,
although but a partial solution to the elimination of crime, is a highly important
function. The other major elements of the criminal justice system, i.e.,
prosecutions, courts, corrections, and community, are largely dependent upon
successful investigations. Through proper apprehensions, the investigator
provides the rest of the system with clientele and, frequently, affects the overall
peace and order condition within the community-at-large.
Special crime investigation is a legal inquiry base on logic and objectivity. If
special crime investigation is properly accomplished, a specific crime will be
determined, and answers to the traditional questions of who, what, where, when,
how, and possibly why will become evident. Although no two investigators have
exactly the same personality traits, some attributes are highly desirable in all.
These include superior reasoning, imagination and curiosity, intuition,
observational skill, organizational ability, sufficient legal knowledge, wide- range
of interests, understanding of cultural diversity, and the ability to persevere until
successful.
Due to the rigid rule’s requirement mandated by the courts where the
testimonies of eyewitnesses fail, circumstantial evidence will. All these
circumstantial factors, the crime scene produces them all through the pieces of
Physical Evidence gathered and collected at the crime scene. Under the
principle, “res ipsa loquitor”’ which means “the thing speaks for itself” validates
its admissibility in evidence. However, to prove this principle knowledge, skill,
experience and the enigma of the investigator/searcher on the field of
identification and searching is a MUST.
Utmost, the investigator overlooks tying up the crime scene to the perpetrator,
the pieces of physical evidence maintained in its condition up to the time it is
perceived by the court. The principle of “Chain of Custody of Evidence”, has
been taken for granted; proper receipts are not considered when the transfer of
the physical evidence had been had in some urgent situations. Another is the
time constraint, which necessitates the timely attention of the PNP Crime
Laboratory personnel in the examination and evaluate processes.
NOTABLE PERSON IN INVESTIGATION
O”Hara and O’Hara in his book Fundamentals of Criminal
Investigation claimed that “Human beings are creators of habits”, thus no
matter how a suspect though careful he is, even it needs a rehearsal will and will
unconsciously leave trace marks.
Dr. Paul L Kirk, said in his book Crime Investigation, “the success of most
investigation begins at the Crime Scene”. Emotional influences, which may
exist must be recognized and controlled so that the crime scene search will be
organized.
Kenneth W Goddard in his book, Crime Scene Investigation, narrates the
significance of reconstructing the scene of the crime, through mental and
physical reconstruction processes, the investigator is able to formulate
information or possibilities that would lead to tying up the suspect to either the
victim or the crime scene.
NOTABLE SENSATIONAL CASES IN THE PHILIPPINES
Vinculado Case – there was an alleged switching of evidence. The Supreme
Court said, ‘’ the proper gathering/collection and handling/preservation of vital
evidence in a criminal case is the responsibility of the police or any law
enforcement agency.” In this case, the Chain of Custody principles in the
manner of preserving the integrity of physical evidence had been grossly
violated. The police are duty-bound to ensure the protection of all collected
physical evidence in the community of the chain of custody principle.
Vizconde Massacre case – a law enforcer/investigator who first responded and
later on convicted (SPO1 Gerry Biong), destroyed vital physical evidence due to
his inefficiency and unskillfulness. He bungled the crime scene destroying its
original appearance and condition before other investigators arrived.
Others such as the Ship Captain Magahum case, Pestano case, Lucila Lalu
case, etc. are sensational cases resolved by the law enforcement agency on
consideration of the probative value of physical evidence. The Nida Blanca case,
the NBI, and CIDG are focusing on the probative value of physical evidence and
accepted by the DOJ on the ground of Circumstantial Evidence.
DEFINITION OF SPECIAL CRIME INVESTIGATION
Special Crime Investigation is the investigation of cases that are unique and
often require special training to fully understand their broad significance.
Homicide, robbery, rape & sexual offenses, kidnapping, car napping, bomb threat
& explosion, illegal-recruitment, and terrorist activities are examples of cases that
call for special crime investigation. Despite their relatively low frequency when
compared with “standard” crimes, offenses involving special crime investigations
are increasing, and their impact on society is being felt more strongly.
RESPONSIBILITIES OF SPECIAL CRIME INVESTIGATORS
The following are the responsibilities required to be meticulously performed by
the investigator in handling special crimes for a competent reactive response of
controlling criminals.
1. Determine if the Crime Has Been Committed
In general, the responsibility for determining whether or not a crime has been
committed is easily charged. An investigator familiar with the elements of at least
the more common crimes will be able to handle most situations. First, the
investigator should have an available copy of both the revised penal code and
special laws; this ought to suffice for many of the more difficult cases. Second,
the prosecuting fiscal can be consulted. Third, if it is determined that no crime is
involved or the issue is civil litigation, with rare exceptions, criminal law
enforcement agencies have no responsibility.
2. Verify Jurisdiction
If a crime is not within the investigator’s jurisdictions, there is no responsibility for
its investigation, but the complainant may need to be referred to the proper
authority. Occasionally a crime is committed on the borderline of two
jurisdictions.
Depending on whether it has the potential for publicity, affords the chance to
make a “good arrest,” or is inherently interesting or important, an investigator will
seek to retain authority over the case or talk the other jurisdictions into accepting
it.
3. Discover All Facts and Collect Physical Evidence
The facts available to the first officer to arrive at a crime scene are provided by
the victim or complainant and any eyewitness. Except in law enforcement
agencies with programs in place for managing criminal investigations, they will be
communicated to the investigator dispatched to investigate the crime. The
investigator may decide to verify and pursue all of them, or to home in on special
details. This verification and follow-up process usually furnished the answers to
what, when, where, and possibly, how, and why the crime was committed. In
addition, the investigator will collect any physical evidence, or arrange for its
collection and examination in the criminalistics laboratory. Depending on the kind
of information provided, immediate follow-up might be required or the investigator
may have to await laboratory results. In either case, it is essential at this point to
follow through on any clue that holds promise for the identification of the
perpetrator, and promptly exploit it.
4. Recover Stolen Property
The recovery of the stolen property has a significant on a parallel with the
identification of the perpetrator. The reports required of secondhand dealers and
pawn shops are of great help to criminal investigators. They facilitate the
identification of items brought in for pawn since many thieves use this means to
convert their loot into cash. But the dual description supplied by the victim and
pawnshop of the purloined and pawned item must be accurate if it is to be
matched in the stolen property file. Accuracy is assured if the forms the
pawnbroker and investigator must complete are designed so that each collect
and provides identical details. When utilized properly, the information they elicit
will be quite similar, and both forms should fall into the same slot in the stolen
property.
5. Locate and Apprehend the Perpetrator
When people who know the perpetrator are unwilling or unable to provide an
address or a clue to his or her whereabouts, records may provide the
information. When the suspect is located, apprehension seldom presents
difficulties; if it does, a raid may be called for. Planning and staging a raid require
coordination, but this is essentially a police function rather than an investigative
one.
6. Identify Perpetrator
In addition to the role secondhand dealers and pawnbrokers play in the recovery
of stolen property, there is a chance that other merchants engaged in buying and
selling may be able to describe who brought in a particular item. Usually, the
seller is required to fill out a form giving name, address, telephone number, and
place of employment, thereby unwittingly making a sample of handwriting or
printing available. Surprisingly, the individual pawning stolen goods will, more
than the inexperienced might guess, provide factually correct information. When
this occurs, the case solution is quite simple.
7. Aid in the Prosecution of the Perpetrator
Largely as a result of plea bargaining, only a few cases that are investigated and
solved eventually go to trial, but the investigator must operate on the assumption
that each will be tried. This necessitates that proper notes, photographs, and
sketches are made in a timely fashion from the very beginning and that the
physical evidence present is properly handled and examined.
8. Testify Effectively in Court
Although few people are comfortable when called to the witness stand, the
experienced investigator who has testified often can appear jaded. Yet testimony
is effective only when it is credible. When sincerity, knowledge of the facts, and
impartiality are projected, credibility is established. In all events, it is helpful that
the investigators be familiar with the rules of evidence and pitfalls of cross-
examinations.
PHASES OF SPECIAL CRIME INVESTIGATION
1. The Preliminary Investigation
The preliminary investigation involves the first exposure of the criminal offense to
the investigative effort. It cannot be emphasized too strongly that this step is vital
to the success of the investigation. The preliminary investigation serves as the
foundation for the case; therefore, it must be a p roper foundation or the entire
investigation is in jeopardy.
2. The In-Depth Investigation
The second investigative state of criminal offense is the follow-up or continuing
inquiry. The in-depth phase follows-up initial leads stemming from the preliminary
investigation. Traditionally this stage of inquiry has been the sole responsibility of
the investigator because the continuing investigation is frequently defined as
occurring when the patrol officer yields responsibility to the investigator.
3. The Concluding Investigation
This final stage, the concluding investigation, is the direct outgrowth of the
previous two stages. If the preliminary and in-depth investigations have been
unsuccessful in identifying, locating, and arresting a suspect, certain
administrative decisions concerning the continuation of the case must be made.
An active inquiry cannot continue indefinitely. Although in theory, it would be
ideal in an investigator could pursue a case until it was solved by arrest, in
reality, this is not feasible. The volume of crime, limitations of investigative
personnel, and lack of investigative leads all require a method for case
suspension.
SIGNIFICANCE OF RECONSTRUCTING THE PAST
The information needed to reconstruct the past is available through three
sources, i.e., people, physical evidence, and records. Special crime investigators
who are more concerned with the immediate past often put all these their
sources to use:
1. People
As long as general, specific, or intimate knowledge concerning the individual
endures, it can be acquired by those who know-how. People are social beings,
and information on them can usually be found in the possession of a family,
relatives, work or business associates, and others who share their recreational
interests. It can also be picked up accidentally through those who were witness
to, or the victim of, a crime. The careful investigator identifies and exploits all
potential sources. Some people will talk willingly; some will be reluctant to
disclose what they know.
2. Physical Evidence
Any object of material nature is potential physical evidence. The scientific
specialists which undertake most examinations of physical evidence are forensic
medicine, chemist, and criminalistics. Their purpose being the acquisition of
facts, the following questions arise: What is the material? If found at a crime
scene, can it be linked to, or help exonerate, a suspect? Can it be used to
reconstruct what happened? In a homicide, what was the cause of death?
3. Records
Records are a form of physical evidence. They receive separate treatment
however, because they are widely scattered, voluminous, and have specialists
devoting full time to their storage and retrieval. Modern society relies on paper
records by storing the information collected day in and day out. Later this can
prove useful in a criminal investigation.
GENERAL PRINCIPLES OF INVESTIGATION
An investigation is the collection of facts to accomplish a three-fold aim:
a. to identify the suspect;
b. to locate the suspect; and
c. to provide evidence of his guilt.
In the performance of his duties, the investigator must seek to establish the six
(6) cardinal points of investigation, namely: what specific offense has been
committed; how the offense was committed; who committed it; where the offense
was committed; when it was committed; and why it was committed.
PROTOCOLS IN INVESTIGATION
Protocol 1: Jurisdictional Investigation by the Territorial Unit Concerned
The Police Station, which has territorial jurisdiction of the area where the crime
incident was committed, shall immediately undertake the necessary investigation
and processing of the crime scene unless otherwise directed by higher
authorities for a certain case to be investigated by another unit/agency.
Protocol 2: Official Police Blotter
a. A Police Blotter is an 18” x 12” logbook with a hard-bound cover that contains
the daily register of all crime incident reports, an official summary of arrests, and
other significant events reported in a police station.
b. As a general rule, all crime incidents must be recorded in the official police
blotter.
c. A separate Police Blotter, however, shall be maintained for offenses requiring
confidentiality like violence against women and children and those cases
involving a child in conflict with the law to protect their privacy pursuant to R.A.
9262 (Anti-Violence Against Women and Children Act of 2004) and R.A. 9344
(Juvenile Justice and Welfare Act of 2006).
d. The duty police officer shall record the nature of the incident in the police
blotter containing the five “W” s (who, what, where, when and why) and one “H”
(how) of the information and inform his superior officer or the duty officer
regarding the occurrence of such incident.
e. In answering the above 5 Ws and 1 H and the Case Disposition, all such
material details about the incident, including the nature of the action or offense;
the Date, Time, and Place of Occurrence; the names of the suspect/s, the
victim/s, the witness/es, if any; facts of the case; 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-on-case); and, the
status of the case.
Protocol 3: Investigation Team: Organization and Equipment
a. All investigators in any police unit must be a graduate of prescribed
investigation course with a rank of at least a Police Corporal (pre-requisite to
assignment).
Composition:
1. Team Leader;
2. Investigator/recorder;
3. Photographer;
4. Evidence custodian; and
5. Composite Illustrator/Artist
Equipment of the investigator:
1. Police line;
2. Video camera;
3. Voice recorder;
4. Camera;
5. Measuring device;
6. Gloves;
7. Flashlight;
8. Fingerprint kit;
9. Evidence bag;
10. Evidence tag;
11. Evidence bottles/vials; and
12. Investigator’s tickler (contains the following):
a) Investigator’s checklist
b) Anatomical diagram form
c) Evidence checklist
d) Turn-over receipt
Protocol 4: Duties of the First Responder
a. Proceed to the crime scene to validate the information received;
b. Record the exact time of arrival and all pertinent data regarding the incident in
his issued pocket notebook and notify the TOC;
c. Cordon off the area and secure the crime scene with a police line or whatever
available material like ropes, straws or human as a barricade to preserve its
integrity;
d. Check whether the situation still poses imminent danger and call for back up if
necessary;
e. Identify possible witnesses and conduct a preliminary interview and ensure
their availability for the incoming investigator-on-case;
f. Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing,
make appropriate notification for dragnet operations;
g. Prepare to take the “Dying Declaration” of severely injured persons with the
following requisites:
1. That death is imminent and the declarant is conscious of that fact;
2. That the declaration refers to the cause and surrounding circumstances of
such death;
3. That the declaration relates to facts which the victim is competent to testify to;
and
4. That the declaration is offered in a case wherein the declarant’s death is the
subject of the inquiry. (Section 37, Rule 130 of the Rules of Court).
h. Evacuate the wounded to the nearest hospital using emergency services;
i. Account for the killed, wounded and arrested persons for proper disposition;
j. Conduct initial investigation; and
k. Brief the investigator-on-case upon arrival and turn over the crime scene.
l. Conduct inventory on the evidence taken at the crime scene; Inventory receipt
should be properly signed by the first responder, SOCO and the investigator.
Protocol 5: Duties and responsibilities of the Investigating Team
a. Take full control of the crime scene to include the conduct of crime scene
search; taking of photographs; making sketches; lifting of fingerprints; markings
of physical evidence; (Chain of custody) the transmittal of evidence to crime
laboratory; Interview of witnesses; gathering and evaluation of evidence; follow-
up of the case and the documentation and filing of appropriate charges in court.
b. Establish a command post in the immediate vicinity of the crime scene;
c. Designate a holding area in the immediate vicinity of the crime scene (for the
media, VIP‟s and other personalities present);
d. Conduct case conference with the first responder, SOCO, other law enforcers
and rescue personnel;
e. Note any secondary crime scene (if situation requires); and
f. Release the crime scene after investigation.
Protocol 6: Investigation of Suspects
a. Procedures when an arrest is made
1. Secure the person arrested (handcuff at the back);
2. Inform the arrested person on the cause of his arrest and his rights as
provided for in the Constitution;
3. Conduct thorough search for weapons and other illegal materials against the
suspect/s;
4. Use reasonable force in making an arrest;
5. Confiscated evidence shall be properly documented and marked;
6. Bring the arrested person to the Police Station for investigation.
b. Booking procedures of the Arrested Person/Suspect
1. The arrested suspect shall be fingerprinted, photographed and subjected to a
medical examination to include liquor and drug tests.
2. Conduct a record check.
Protocol 7: Taking of Sworn Statements of Suspects
The execution of a suspect’s “WAIVER” as stipulated in Art 125 of the RPC shall
always be done in the presence of his chosen counsel or any independent
counsel.
Protocol 8: Taking of S worn Statement/s of the Witnesses
a. Sworn Statement or Affidavit of complainant/s and witness/es must be taken
immediately by the investigator-on-case.
b. Affidavit of Arrest of arresting officers must be taken immediately not later than
24 hours.
c. In Inquest cases, the investigator-on-case and the arresting officer/s shall
observe Art. 125 of the RPC.
Protocol 9: Preparation of Reports and Filing of Charges
The Investigator-On-Case shall submit the following:
a. Spot Report within 24 hrs to HHQ;
b. Progress Report;
c. After Operation Report;
d. Final Report after the case is filed before the prosecutor’s office/court; and
e. Accomplishment Report.
Protocol 10: Procedure in the Release of Crime Scene
a. Ensure that appropriate inventory has been made;
b. Release is accomplished only after completion of the final survey and proper
documentation of evidence, witness/es, victim/s and suspect/s; and
c. If the crime scene is within a private property, the same must be released to
the lawful owner witnessed by any barangay official. In the case of government
facility, it should be released to the administrator.
Protocol 11: Follow-up of Case The investigator shall conduct police operation
to identify and apprehend suspect/s based on the results of the initial
investigation conducted.
Protocol 12: Preparation of Case Investigation Plan (CIPLAN) The conduct of
police operation involving sensational cases, high profile and heinous crimes
must be covered by Case Investigation Plan.
Protocol 13: Attendance to Court Duties The investigator-on-case and
arresting officers shall endeavor to ensure their attendance during court hearings
while
COPs/Heads of Units shall supervise and ensure the attendance of witness/es.
Protocol 14: Uniform of the Investigator Prescribed uniform should be worn by
investigators when conducting investigation so as to identify them as PNP
personnel