SCHOOL OF CRIMINAL JUSTICE AND PUBLIC

SAFETY
General Luna Road, Baguio City Philippines
Telefax No.: (074) 442- E-mail Address:
3071 [email protected]

CANLAS, KATE NICOLE N.

YADIS, MYLIE JOY C.
NAMES BUCASEN, ALEX S.
LUMIQUED, RAM B.
TAPANG, JOHN ANGELO L.
COURSE CODE &
CDISEM10 - BDB
SECTION
TOPIC FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
DATE
INSTRUCTOR GLENA A. ALOS

TABLE OF CONTENTS

Page 1 1.1 Explain the objectives of criminal investigation and principles of

intelligence, tools of investigation, the cardinal points of investigation and
phases of criminal investigationn

Page 3 1.2 Distinguish the procedures and principles in the conduct of surveillance,
the intelligence cycle, informants and informer, distinction and classification
information and documents

Page 6 1.3 Assess the kinds, principles, and procedures involving arrest including
essential provisions of R.A. 7438 and R.A 9745, search and seizure, methods
of crime search and sketches

Objectives

Objectives of criminal investigation and principles of intelligence, tools of investigation, and the
cardinal points of investigation and phases of criminal investigation

Criminal Investigation
The primary objective of criminal investigation is to establish the truth about a crime, which
involves:

 Determining if a crime was actually committed: This involves verifying the reported
crime, pinpointing the precise offense, and determining the crime's essential
aspects.
 Identifying and apprehending the suspects: This involves getting warrants for
the arrest of suspects, compiling evidence connecting them to the crime, and
finally placing suspects under arrest.
 Recovering stolen property: This involves tracking down the taken goods, finding
its owner, and giving it back.
 Assisting in the prosecution of the accused: This involves gathering enough proof
to build a solid case against the accused and guarantee a successful court
prosecution.

Principles of Intelligence

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 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC
SAFETY
General Luna Road, Baguio City Philippines
Telefax No.: (074) 442- E-mail Address:
3071 [email protected]

 Collection: collecting data from a range of sources, such as informants, open

sources, surveillance, and technological methods
 Analysis: analyzing and assessing data gathered to spot trends, patterns, and
possible dangers.
 Dissemination: providing relevant intelligence to the right parties, such as
law enforcement, prosecutors, and other relevant authorities

 Timeliness: Ensuring that intelligence is gathered and disseminated in a timely

manner to facilitate effective decision-making and prevent future crimes
 Legality: Ensuring that all intelligence gathering activities comply with legal
frameworks and respect individual rights.

Tools of Investigation
Investigators utilize various tools to gather evidence and information:

 Information: This includes any knowledge or facts acquired from sources like
witnesses, suspects, documents, and public records
 Interview/Interrogation: Skillful questioning of witnesses and suspects to
obtain information and potential confessions.
 Instrumentation: Employing scientific methods and tools for evidence
analysis, including forensic techniques, DNA testing, and digital forensics.
 Surveillance: Observing suspects and locations to gather information and evidence.
 Undercover Operations: Using undercover agents to infiltrate criminal
organizations and gather intelligence.

Cardinal Points of Investigation

The "Cardinal Points" represent the key areas of inquiry during an investigation, often
referred to as the "5 W's and 1 H":

 Who: Identifying the victims, suspects, witnesses, and other individuals involved.
 What: Determining the specific offense, the nature of the crime, and the
events surrounding the incident.
 Where: Locating the crime scene, identifying relevant locations, and establishing
the geographical context.
 When: Determining the time and date of the offense, establishing the timeline
of events.
 Why: Exploring the motive behind the crime, understanding the reasons
and circumstances leading to the offense.
 How: Investigating the method used to commit the crime, the modus operandi, and
the specific actions taken.

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 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC
SAFETY
General Luna Road, Baguio City Philippines
Telefax No.: (074) 442- E-mail Address:
3071 [email protected]

Phases of Criminal Investigation

the investigation process is typically divided into distinct phases:

 Initial Response: This involves securing the crime scene, providing first aid,
and collecting initial information from witnesses.
 Preliminary Investigation: This involves gathering basic evidence, interviewing
key individuals, and developing initial leads.
 Follow-Up Investigation: This involves conducting more in-depth interviews,
analyzing evidence, and pursuing leads to identify suspects.
 Case Analysis and Strategy: This involves compiling information, developing
theories, and formulating a strategy for apprehending the suspect.
 Arrest and Charging: This involves securing a warrant for arrest, taking the suspect
into custody, and formally charging them with the crime.
 Court Proceedings and Case Closure: This involves presenting evidence in court,
the trial process, the verdict, and sentencing.

Surveillance

 A systematic observation of places and people by visual, aural, electronic,

photographic, or other means.
 An investigation process by which police gather evidence about - crimes, or
suspected crimes, through ‘continued observation of persons or places.
 Also defined as a legal investigative process entailing a close (discreet) observing or
listening to a person to gather evidentiary information about the commission of a
crime, or lesser improper behavior (as with surveillance of a wayward spouse in
domestic relations proceedings).
 It may include wiretapping, eavesdropping, shadowing or tailing, and
electronic observation as a law-enforcement technique.

Methods of Surveillance
1. Covert versus Overt
Covert surveillance exists if a subject is unaware that he is under surveillance
while overt surveillance means that the subject is aware that he is under surveillance.

2. Mechanical versus Human

Mechanical methods use cameras, voice recorders, and other recording devices
to ensure a digital or hard copy file for the results of the inquiry. Human investigation
is when devices are ignored in favour of a direct source of information.

3. Stationary (Fixed or Stakeout or Plant) versus Mobile.

Stationary investigations involve staying in the same location and watching the
subject. Mobile investigations are the opposite, where the subject is followed from
place to place, which could be done by foot or vehicle.

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 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC
SAFETY
General Luna Road, Baguio City Philippines
Telefax No.: (074) 442- E-mail Address:
3071 [email protected]

Procedures in Fixed Surveillance Use a room in a nearby house or building.

1. Use a camera with a telephoto lens and powerful binoculars to get pictures
of subjects, visitors, and activities.
2. Use of listening devices for recording. Some surveillants may remain outside,
posing as carpenters, plumbers, or other means of communication will coordinate
their activities with those surveillants inside their observation room

FOOT SURVEILLANCE
Methods of Foot Surveillance
1. One Man Shadow.
 It is conducted by one man shadowing a subject.
 The surveillant should establish the: contacts of the subject, the place
visited, girlfriends, and confidants.

Example: In case the subject will use the telephone booth, the shadower must feign a call at the
available booth.

2. Cover the subject.

 The method allows the exchange of the positions of the shadowers to avoid discovery.
 One shadower will follow behind the subject and the other may either be abreast or
on the opposite side of the street following the first shadower.

3. Three-Man Shadow or ABC Technique of Shadowing.

 The three shadowers are represented as A, B, and C.
 A is close to the subject and follows him at a distance depending on the
pedestrian traffic.
 B follows A and the same distance of A to the subject.
 If vehicular traffic is moderate, it may be opposite him on the other side of the street.
 B and C turn to occupy the position of A to prevent A from becoming a familiar
and noticeable figure to the subject.
 Pre-arranged signals are encouraged.

Intelligence Cycle
 it is a repetitive process used to produce intelligence from information.
 the process of developing unrefined data into polished intelligence for the use
of policymakers
 the direction to provide timely, accurate, appropriate, and consumable intelligence
to make informed decisions.

Note: The intelligence cycle may consist of four through seven phases/steps, but they are all
similar.

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 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC
SAFETY
General Luna Road, Baguio City Philippines
Telefax No.: (074) 442- E-mail Address:
3071 [email protected]

I. Tasking/Directing
Initial Questions
 Who tasks?
 How do they task?
 Why do they task?
 What tasks are set?

II. Collection
It is the systematic exploitation of sources of information by collection agencies and the
delivery of the obtained information to the proper intelligence section.

III. Evaluation
Examination of raw information to determine intelligence value, pertinence of the
information, reliability of the source and agency, and its credibility or truth of information.
Also, it is the determination of the pertinence of the information to the operation, reliability of
the source of or agency, and the accuracy of the information.

IV. Collation
Transfer of collected information and/or intelligence into a storage system (be it a filing
cabinet or a computerized database) in a structured (indexed, cross-referenced) format that
permits rapid and accurate access

V. Data Integration & Analysis

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 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC
SAFETY
General Luna Road, Baguio City Philippines
Telefax No.: (074) 442- E-mail Address:
3071 [email protected]

In-depth examination of the meaning and essential features of available information.

Analysis highlights information gaps, strengths, and weaknesses that suggest ways forward.

VI. Dissemination
Transferring the processed information to the proper users, most particularly the
authority that requires the activity. Processed information can be disseminated through annexes,
estimates, briefings, message, reports, overlays, and or summaries.

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.

A. Classification of Information as to its Sources

1. Regular Sources- Records, files from the government or non-government
agencies, and news items. The bulk of applications of this nature are news
items. Included also are news or TV broadcasts, intercepted radio, telephone
messages, and stored computer areas. [Legal sources
2. Cultivated Sources- Information furnished by informers or informants
3. Grapevine sources- When the information is disclosed by the underworld
characters such as prisoners or ex-convicts.

B. 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.
 Phases:
a. Determination of the mission.
b. Selection of the subject.
c. Accomplishment of the mission.
 Devices in the conduct of elicitation
a. Approach is the process of setting people to start talking.

Types:
i. Flattery- people are susceptible to praise.

Variants:
 Teacher-pupil approach- the subject is treated
as an authority.
 Kindred Soul approach- the subject is placed on
a pedestal having some specialized quality
 Good Samaritan approach- sincere and valid
offers of help and assistance are made to the
subject.

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 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC
SAFETY
General Luna Road, Baguio City Philippines
Telefax No.: (074) 442- E-mail Address:
3071 [email protected]

 Partial disagreement approach- produce talking

by the word “I’m sure” if I fully agree.

ii. 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.

b. Probe is the process to keep the person or subject talking

incessantly.

Types:
i. Competition Probe- used in connection with the
teacher-pupil approach.
ii. Clarity probe- used to elicit information in an area in
which the response is not clear.
iii. High-Pressure probe- it serves to pin down a subject in
a specific area iv. Hypothetical probe – it presents a
hypothetical situation

Informant
 may or may not receive monetary compensation for information given
 does not provide information to the police regularly
 does not cultivate and established by the police. They volunteer themselves to give
information.

Types of Informants:
1. Criminal informant- gives information to the police of the underworld of organized
criminals with the understanding that his identity will be protected.

2. Voluntary informant- those who knowingly, freely, and voluntarily provide

information.

3. Involuntary informants- those who give information even though they do not desire
to do so.

4. Confidential informants- a person who provides the police with confidential

information concerning a previous crime or a projected and planned crime. He does

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 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC
SAFETY
General Luna Road, Baguio City Philippines
Telefax No.: (074) 442- E-mail Address:
3071 [email protected]

not want to be identified as the source of information. Under the law, these
informants are protected, and their identity cannot be revealed by the police even
under the order of the court unless on an exceptional case where there is a claim of
the defense that the informant.

5. Special informants - those who without concealment will provide information.

Sub-types of Informants

1. Incidental informant- a person who casually imparts information to an officer

with no intention of providing subsequent information.
2. Recruited informant- a person who is selected cultivated and developed into
a continuous source of information.

Categories of Recruited Informants:

a. Spontaneous or automatic informants- informants who by the nature of their work
or position in society have a certain legal, moral, or ethical responsibility to report
information to the police.
b. Ordinary run-of-the-mill informants- informants that are under the compulsion to
report information to the police.
c. Special employee– informants who are of a specific operation nature

Other Types of Informants:

1. Anonymous informant- He maybe an anonymous phone caller, letter writer or
a text sender.
2. Self-aggrandizing informant- Informant that moves around the centers of
criminals, group or syndicate and delights in surprising the police about bits
of information.
3. Elimination informant- Maintains being anonymous. The purpose is to
eliminate the rival person or gang due to competition or other motives such
as revenge, etc.
4. False informant- Usually reveals information of no consequence, value or stuff
connected with thin air.
5. Mercenary informant
6. Double crosser informant- Uses his seeming desire to give information as an
excuse to talk to the police in order to get more information than he gives.

Informer
 An individual who gives information for a price or reward. He may be on the payroll of
the law – enforcement agency or he may not. They are either paid regularly on a case-
to-case basis or none at all.
 Provide information to the police regularly.
 they are cultivated and established by the police on a permanent character and if they
are loyal to the police organization

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 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC
SAFETY
General Luna Road, Baguio City Philippines
Telefax No.: (074) 442- E-mail Address:
3071 [email protected]

Types of Informers:
1. Ordinary informer- one who openly gives information but expects anything in
return, either money or favor.

2. Confidential informers- one who confidentially provides information with the

understanding that his identity will not be revealed and that he will be
compensated with money or favor.

Documents
 Refers to any material containing marks, signs, or symbols either visible, partially visible,
or invisible which furnish or convey information, meaning, or message to a person.
 It is any written statement by which a right is established, or an obligation is
extinguished (People vs. Moreno, CA, 38 O.G. 119).

Legal Classifications of Documents

a. Public documents- are those documents that are notarized by a notary public or
competent public official with solemnities required by law (Cacnio vs. Baens, 5 Phil.
742).
b. Official documents- are instruments issued by the government or its agents or its
officers having the authority to do so and the offices, which per their creation, they
are authorized to issue and be issued in the performance of their duties (US vs. Asensi,
supra).
c. Private documents- are deeds or instruments executed by a private person without
the intervention of a notary public or other persons legally authorized, and which
prove the same disposition or agreement as evidenced or set forth therein. (US vs.
Orera, 11 Phil 596).
d. Commercial documents- are documents that are regulated by the Code of
Commerce and mercantile law. These documents are those that (People vs. Co Beng,
CA., 40 O.G. 1913) or any other commercial law.

Assessment of Arrest: Kinds, Principles, and Procedures in the Context of R.A. 7438 and R.A. 9745

Kinds of Arrest
1. Arrest with Warrant: This is an arrest made by law enforcement officers based on a court-
issued warrant. The warrant should specify the offense and the individual to be arrested.
2. Arrest without Warrant: This occurs when law enforcement apprehends an individual based
on probable cause without a court-issued warrant. This is usually permitted in situations such
as:
- A person committing a crime in the officer’s presence.
- Probable cause that the individual committed a serious crime.
- The individual is about to escape or destroy evidence.

Principles of Arrest
1. Presumption of Innocence: An arrested individual is presumed innocent until proven guilty in
a court of law.

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 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC
SAFETY
General Luna Road, Baguio City Philippines
Telefax No.: (074) 442- E-mail Address:
3071 [email protected]

2. Due Process: The right to a fair process, ensuring that individuals are aware of the charges
against them and are given the opportunity to defend themselves.
3. Reasonable Force: Officers may use reasonable force necessary to carry out an arrest, but
excessive force is not permitted.
4. Notification of Rights: Individuals should be informed of their rights upon arrest, commonly
referred to as Miranda rights, including the right to remain silent and the right to legal counsel.

Procedure Involving Arrest

1. Identification of the Offense: Establish clear grounds for the arrest, identifying the crime
committed.
2. Identification of the Suspect: Ensure that the suspect’s identity is verified, preferably using
documentation or physical identification.
3. Issuance of Warrant: If applicable, secure a warrant from a competent authority, detailing
the charges.
4. Execution of Arrest: Officers approach the suspect, clearly identifying themselves, the
intention to arrest, and the legal grounds for the arrest.
5. Mirandizing the Suspect: Inform the arrestee of their rights promptly after the arrest.
6. Search Incident to Arrest: Conduct a search for safety and to secure evidence.
7. Documentation: Complete arrest records and evidence collection, including sketches if
applicable.
8. Transport: Safely transport the arrestee to the appropriate facility for processing.

Relevant Laws
R.A. 7438 (An Act Defining Certain Rights of Person Arrested and Detained)
- Protects the rights of arrested individuals.
- Affirms the right to counsel, the right to be informed of the grounds for arrest, and the right
to be treated humanely.
- Establishes penalties for violations of these rights by law enforcement.

R.A. 9745 (An Act Defining Torture and Other Cruel, Inhuman, and Degrading Treatment or
Punishment)
- Prohibits torture and cruel or degrading treatment during the detention and interrogation of
arrested persons.
- Outlines the responsibility of law enforcement agencies to ensure human rights standards
during the arrest and detention process.

Research on Crime Search and Sketches

Crime Search
- A systematic investigation conducted by law enforcement to collect evidence or to locate
escaped suspects or potential witnesses.
- It may involve searching the crime scene, vehicles, residences, or public areas to gather physical
evidence that can link a suspect to a crime.

Crime Sketches
- Visual representations of a crime scene drawn from a witness’s or investigator’s perspective.
- They serve various purposes, including:
- To document the crime scene layout.

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 SCHOOL OF CRIMINAL JUSTICE AND PUBLIC
SAFETY
General Luna Road, Baguio City Philippines
Telefax No.: (074) 442- E-mail Address:
3071 [email protected]

- To communicate details to investigators, jurors, and the court.

- To aid in the identification of suspects or vehicles through sketches of the scene or
individuals involved.

Conclusion
Understanding the laws and principles surrounding arrests, including R.A. 7438 and R.A. 9745,
is essential for law enforcement officers to ensure that they carry out their duties legally and
ethically while protecting the rights of individuals. Effective procedures for arrest, along with
crime scene searches and sketches, are crucial for the integrity of criminal investigations.

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