COLLEGE OF CRIMINAL JUSTICE EDUCATION

BACHELOR OF SCIENCE IN CRIMINOLOGY

FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE

(CDI-1)

CHAPTER 1

Fundamentals of Criminal Investigation

Learning Outcomes:
1. Know the different method of criminal investigation
2. Familiarize the tools and principles of investigation
3. Analyze the development of criminal investigation and formulate comprehensive program in crime prevention

Pre-Test Identify the word or group of words being referred to by the statements.
1. Simple inquiry or conversation type elicitation of information from a willing victim or witness relevant to a certain
incident, event under investigation.
2. The officers of the London Metropolitan Police were nicknamed as “bobbies
3. Acts in violation of the provisions of the Revised Penal Code.
4. An act or omission punishable by law forbidding or commanding it
5. The Supreme Court ruled that illegally obtained evidence is inadmissible in state criminal prosecutions. This case
established the “Doctrine of Poisonous Tree.”
6. Under his dictatorship in 1924, the Federal Bureau of Investigation was organized. This bureau then contributed to
the overall development of criminal investigation.
7. Also the collection and analysis of facts about persons, things and places, subject of a crime to identify the guilty
party, locate the whereabouts of the guilty party, and provide admissible evidences to establish the guilt of parties
involved in a crime
8. Famous English novelist that popularized the SCOTLAND YARD
9. A suspect’s pattern or method or procedure in committing a crime.
10. The discreet observation of places, persons, and vehicles for the purpose of obtaining information concerning the
identities or activities of subjects.

Investigation
The term investigation comes from the Latin word “vestigare” which means:
a. to track or trace or probe
b. to observe or study closely
c. to inquire into something systematically
d. to search for truthful information

It also refers to the collection of facts to accomplish the threefold aim:

a. to identify the guilty party.
b. to locate the guilty party and.
c. to provide evidence of his guilt

CRIMINAL INVESTIGATION
Criminal investigation seeks all facts associated with a crime to determine the truth: what happened and
who is responsible of a criminal incident- Benette.

Criminal investigation is also the collection and analysis of facts about persons, things and places, subject of
a crime to identify the guilty party, locate the whereabouts of the guilty party, and provide admissible evidences to
establish the guilt of parties involved in a crime- Agas and Cael.

HISTORICAL BACKGROUND OF 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 principle where punishment of an offender is equal to what he did. It is known to be the
principle of “An eye for an eye and a tooth for a tooth.”

■ 5th CENTURY B.C., ROME: Rome created the first specialized investigative unit. It was named as
QUESTORS/TRACKERS/MURDERERS.

■ 6th CENTURY B.C. ATHENS: Unpaid magistrates (judges), were appointed by the citizens to make
decisions for the cases presented to them.

TIME OF ALFRED THE GREAT

In the later part of 19TH Century, England’s king, Alfred the Great established a system of “mutual pledge”
(social Control), which organized for the security of the country into several levels:

1. TEN TITHING - One hundred persons are grouped into one under the charge of a High Constable.

2. TITHING – Ten persons are grouped together to protect one another and to assume responsibility for the acts of
the group’s members. The one who heads this group is called
Tithing Man.

*SHIRES – The divisions of a specific geographic area. It is being controlled by the king and governed by a
Shire-reeve, or Sheriff.

TIME OF EMPEROR AUGUSTUS

At about the time of Christ, Rome: The Roman Emperor Augustus picked out special, highly qualified
members of the military to form the following:

1. PRAETORIAN GUARD – This was considered the first police officers; their job is to protect the palace and the
emperor.

2. PRAEFECTUS URBI – Their function is to protect the city. They have both executive and judicial power.

3. VIGILES OF ROME - The vigiles began as fire fighters, they were eventually also given law enforcement
responsibilities and they patrolled Rome’s streets day and night. The vigiles could be considered the civil police force
designed to protect citizens.

It is from them that the word “VIGILANTE” came from.

TIME OF WINCHESTER

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.

These statutes or laws were promulgated by Winchester.

1. The Watch and Ward Act

2. Hue and Cry System

3. Parish Constable
 4. Keeping weapon at home for family security

■ 1720’s, England: JONATHAN WILD – a master criminal who became the London’s most effective criminal
investigator.
He was the most famous THIEF-CATCHER in 1720s. He conceived the idea of charging a fee for
locating and returning stolen property to its rightful owners.

■ 1750s, England: HENRY FIELDING –He was the creator and a magistrate of the Bow Street Runners; he
formed a group of police officers attached to the Bow Street Court, not in uniform performing criminal investigative
functions.

■ 1753, England: JOHN FIELDING – The “blind” younger brother of Henry Fielding who took over the control
of Bow Street Court in 1753. He also introduced the practice of developing informants, printing wanted notices,
employing criminal raids, and bearing firearms and handcuffs.

■ 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.

■ 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 is credited, as the founder of La Surete, France’s National Detective Organization.

■ 1829, London: ROBERT PEELS – 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.

■ 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.
■ 1839, JACQUES MANDE DAGUERRE gave a public demonstration in Paris of his discovery on the
Photographic process he developed in collaboration with Nicephore Niepce.

■ (1847-1915), Dr. HANS GROSS – The earliest advocate of criminal investigation as a science. Gross was a
native of Austria, born in Graz. Educated in law, he became interested in investigation while serving as an examining
magistrate. He became a professor of Criminology at the University of Vienna.

■ 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.

■ 1852, U.S.A: ALLAN PINKERTON. This individual truly deserves the title of “America’s Founder of Criminal
Investigation.”
- Among methods pioneered by Pinkerton were; “shadowing, roping, undercover.”

- They work with 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.

■ 1901, ACT NO. 70, otherwise known as the CHARTER OF MANILA. The creation of a police force for the
city of Manila.

■ JANUARY 9, 1901 – The Manila Police Department was organized with Col. Matthew Harmon (1901-1903)
as its first chief of police.
■ AUGUST 8, 1901 – The Philippine Constabulary was organized that serves as the territorial force for
maintenance of peace and order in the country.

■ 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.

■ 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 robberies in 11 states). Clay County Savings Association (CCSA) was their first victim and
their take was $60,000,000.00.

■ 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 in France.

■ 1913, PHILIPPINES - The official genesis of Criminal Investigation in the Manila Police Department,
presently the Western Police District took place.

■ 1918, England, “TEAM POLICING” was introduced in order to win the support of the public.

■ 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

1. 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.

2. ACT No. 225 = This is the law which established the Philippine Constabulary.
Approved October 3, 1901.

3. REVISED ADMINISTRATIVE CODE OF 1917, SEC. 825

= The Law stated that the Philippine Constabulary is a National Police Institution for preserving the peace,
keeping the order and enforcing the law.

4. 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. Through this law, reformation and
professionalization of the police service gained official recognition. Approved September 8, 1966 authored by Cong.
Teodulo C. Natividad.

5. Proclamation No. 1081 = the declaration of Martial Law in the country by 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.

6. 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.

7. It was MAYOR ARSENIO LACSON who proposed the idea that police should be integrated. The idea of Mayor
Lacson became popular and was adopted for implementation to the provinces.

8. By the mandate of this law, the Metropolitan Police Force (MPF) was formed and created whose officers and men
are regular members of the PC. The four (4) cities and thirteen (13) comprising Greater Manila (GMA) were placed
under the exclusive military and police authority of the MPF.

9. 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.
Approved June 13, 1974.

10. PD No. 765 = 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.

11. RA No. 6975 = 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.

12. RA No. 8551 = The PNP Reform and Reorganization Act of 1998 which is now the operational law that governs
over the PNP. Approved February 25, 1998.

13. 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.”

14. 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.

SUMMARIZED:

1720’S JONATHAN WILD = a buckle maker, a brothel operator, and a master criminal became London’s most
effective criminal investigator. He was the most famous thief catcher. His methods made popular the logic of
“employing a thief to catch a thief.” He conceived the idea of charging a fee for locating and returning stolen
property to its rightful owners.

His normal method of operation, upon learning of a thief, was to persuade the thieves to give him the stolen
goods in return for a portion of the money paid by the victim for the return of the property. His private business
prospered quickly and soon expanded into apprehending criminals wanted by the government. When he was
displeased with a member of his organization (he employed numerous criminals as assistants), he would arrest his
former associate and surrender the subject to local magistrates for a reward.

1754 HENRY FIELDING = an Englishman who wrote a novel, “Tom Jones,” was appointed as magistrate (Sheriff)
for the areas of Westminster and Middlesex in London. He operated out of a court in London located on Bow Street.
Shortly after his taking office, the London population saw a group of police officers attached to the Bow Street
Court, and not in uniform, performing criminal investigative functions.
1756 SIR JOHN FIEDLING = the younger brother of Henry took over the control of Bow Street Court in 1753. His
investigators were then called “Bow Street Runners” and became quite effective because of developing paid
informants, printing wanted notices, employing criminal raids, and bearing firearms and handcuffs.
 Although he was blind, he could even visit crime scenes, take information, and set his investigators on the
track of a suspect. Presiding over criminal cases, Fielding would sit quietly with bandages over his eyes, detecting a
falsehood in a witness’s statement, he would dramatically descent from the bench waving a switch and demanding
the truth.

1800, London PATRICK COLQUHOUN = a notorious thief catcher and former convict. He proposed the unique
idea of a sizeable uniform force to police the city. He and those criminals under his direction operated with the
complete sanction of the police. At the end of a lengthy criminal career in 1809, he offered his services as an informer
to the Paris police authorities. He surfaced as a secret informer in 1817 and, under police authorization, formed the
first Paris police detective bureau.

SIR ROBERT PEEL = he reiterated the idea of creating a sizeable police force. The eventual passage of his
recommendations, known as the METROPOLITAN POLICE ACT, was to have a tremendous impact on the history of
criminal justice in general and on the development of criminal investigation specifically.

The officers of the London Metropolitan Police were nicknamed as “bobbies” after Sir Robert. His concepts
and actions serve as a model for police administrators.

CHARLES DICKENS = famous English novelist that popularized the SCOTLAND YARD. He edited a popular
magazine in London in which appeared many articles describing the noble investigative efforts of the “yard.” It was
through his writings and other literary efforts the London’s public became gradually more acceptant of the officer in
plain clothes.

In his novel “Bleak House,” published in 1853, he introduced the term “detective,” the first recorded
appearance of the word specifically designating an investigative law enforcement officer.

1877 HOWARD VINCENT = head of the Scotland Yard organized investigators known as the CRIMINAL
INVESTIGATION DEPARTMENT. He is a London lawyer without field police experience, who had observed
operations of the Paris police. The Department contained several hundred detectives.

FRANCIS TUKEY AND ALLAN PINKERTON = America’s early public detectives who were appointed by influential
mayors due to the criminal occurrences in the nineteenth century.

ALLAN PINKERTON = America’s foremost private detective. By profession, he was a self-employed barrel and cask
maker. While scouting for wood supplies to be used in his business, he detected and later apprehended a local gang
of counterfeiters. Soon after his counterfeiting experience, local citizens besieged him for assistance in recovering
stolen property and other investigative matters.

He became the first detective of the Chicago Police Department in 1849. The following year, he worked in
the same city as a special US mail agent, detecting mail thieves. He then opened his private detective agency in the
early 1850’s in partnership with Chicago attorney, EDWARD RUCKER. Their business immediately became
successful and formed the North-Western Police Agency.

Among his numerous methods, he pioneered the “shadowing” (the art of suspect surveillance) and a “role”
(working in an undercover capacity). The agency was also the first to hire a female detective, KATE WARNE.

THOMAS BYRNES = Chief of the detectives New York City, was one of the famous investigators of the nineteenth
century. An unusually keen-minded individual with 32 years of police experience, he trained his detectives in
recognizing individual criminal techniques. This method was later to be known as “modus operandi” or method of
operation and is considered an essential tool of investigation to this day.

J. EDGAR HOOVER = under his dictatorship in 1924, the Federal Bureau of Investigation was organized. This
bureau then contributed to the overall development of criminal investigation. The creation of a nationwide
identification file in Washington, D.C., operated by the FBI, was a major step in consolidating identification records of
thousands of individual police departments.

B. LEGAL PROVISIONS SIGNIFICANT TO THE DEVELOPMENT OF CRIMINAL INVESTIGATION

1961, USA = MAPP vs. OHIO (376 vs. 584)
The Supreme Court ruled that illegally obtained evidence is inadmissible in state criminal prosecutions. This
case established the “Doctrine of Poisonous Tree.”

MIRANDA DECISION

A kidnapping and rape investigation in Phoenix, Arizona, resulted in the arrest of Ernesto Miranda as the
suspect. Following a lineup identification by the victim, the suspect was interviewed for two hours-a relatively short
period of time for a major case of this nature. During this time period, Miranda confessed orally, then gave
investigators a written confession regarding the offense. The suspect was subsequently convicted, with the Arizona
Supreme Court upholding the lower court decision. The United States Supreme Court reversed this decision, stating
that the suspect’s rights to counsel and his protection against self-incrimination had been violated. As a result of this
landmark decision, the so-called MIRANDA WARNING has become mandatory. Suspects taken into custody or
deprived of their freedom of action, who are to be questioned by law enforcement officers, must be warned in
substantially the following terms:

1. You have the right to remain silent.

2. Anything that you say can be used against you.
3. You have the right to talk with a lawyer and have the attorney present during questioning.
4. If you cannot afford an attorney, one will be appointed to represent you before any questioning at your
request.

PHILIPPINE SETTING

1973 PHILIPPINE CONSTITUTION, ART. 111. SECTION 20.

“No person shall be compelled to be a witness against himself. Any person under investigation for the
commission of an offense shall have the right to remain silent and to counsel, and to be informed of such right. No
force, violence, threat and intimidation, nor any means which vitiates the free will shall be used against him. Any
confession obtained in violation of this section shall be INADMISSIBLE as evidence.”

The warning of the right to remain silent must be accompanied with an explanation that anything said can
and will be used against the individual in court. This warning is needed in order to make him aware not only the
privilege but also of the consequences of forgetting it(People vs. Duero, 104 SCRA 379, 1981)

1987 PHILIPPINE CONSTITUTION, ART.111 SECTION 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 and
in the presence of a counsel.”

5 FUNCTIONS OF CRIMINAL INVESTIGATION

1. Recognition/identification
2. Collection
3. Preservation
4. Evaluation
5. Presentation

STARTING POINTS OF CRIMINAL INVESTIGATION

1.STATE THE PROBLEM = The problem would be to identify, locate and arrest the perpetrator of the crime and
attempt to recover all stolen property in a thorough legal manner designed to ensure the greatest probability of justice
2. FORM HYPOTHESES = It is the construction of an explanation of an occurrence.
a. Motive that which causes a person to act in a certain manner
b. Knowledge by the suspect to commit a crime
c. Means or things used to commit a crime

3. OBSERVE AND EXPIREMENT = As applied to the proposed explanation, this process serves as a check for the
hypothesis that is incorrect. The investigator evaluates information obtained from applying the theory to various
sources.

4. INTERPRET DATA = The investigator should be as objective as possible in the interpretation. Is the information
obtained true? The data may be reviewed by another investigator to be provided a second opinion. The officer may
conclude, at this point, that the result is true or not.

5. DRAW CONCLUSIONS = The following questions should be answered:

a. Has the stated problem been answered?
b. Does evidence support hypothesis?
c. Has each stage of investigative method been conducted in a totally legal fashion?
d. Does data interpretation support a recommendation for prosecution?

DEFINITION OF BASIC TERMS

FELONY = acts in violation of the provisions of the Revised Penal Code.

OFFENSE = acts in violation of Special Laws.

MISDEMEANOR = acts in violation of city/municipal ordinances.

CRIME = an act or omission punishable by law forbidding or commanding it.

CRIMINAL INVESTIGATION AS AN ART = It deals with the identity and location of the offender and then proving his
guilt through a criminal proceeding. It is an art because it is governed by intuition, felicity of inspiration, and to a minor
extent, by chance.

CRIMINAL INVSTIGATION AS A SCIENCE = A systematic method of inquiry that preliminary apply scientific
knowledge, principles, and methodologies in order to discover, identify, collect, and process facts and evidence to
promote justice. However, the use of scientific method must be supplemented by the investigator’s initiative and
resourcefulness in finding solution of cases under investigation. The sequence of investigation must follow scientific
operating framework that requires imagination, improvisation, and creativeness on the part of the investigator.

CRIMINAL INVESTIGATION AS A PROCESS = it involves systematic process of identifying, collecting, preserving,

and evaluating data or raw facts to produce valuable information for the purpose of bringing a criminal offender to
justice. As a process, it is based on systematic plan.

THE RESULT OF THE INQUIRY IN INVESTIGATION WILL ANSWER THE FOLLOWING QUESTIONS:

1. Did a criminal violation as described by a code or statute occur?

2. Where and at what time and date, did the crime occur?
3. Who were the individuals involved in the planning, execution, and after effects of the violation?
4. Is a witness to the criminal activity present?
5. Is there evidence of the criminal offense?
6. In what manner, or by what method, was the crime perpetrated?
7. Is there an indication of guilt or innocence to aid judicial official in determining a just solution to the case?

PRINCIPLES OF INVESTIGATION
1. No two crimes are alike
2. Most crimes are resolved in one hour
3. Most crimes are solved by guesswork and luck
4. The law provides elements as to what happened
5. The modus operandi provides clues as to who did it?
6. Criminals always make mistakes
7. Evidence is always present
8. People always lie to you
9. Learn to work with others
10. Know when to give up
11. Public opinion is important
12. You can never receive too much training
13. There is never enough time
14. The proper ethics is to put behind bars, but not by any means
15. Think like a “native,” not a criminal
16. Document everything
17. Establish credibility in court.

THE CARDINAL POINTS OF INVESTIGATION

1. WHAT QUESTIONS
a. What happened? What specific actions did the suspect/victim did?
b. What is the nature of the crime?
c. what was the weapon or tools used by the suspect?
d. What are the pieces of evidence discovered at the crime scene?

2. HOW QUESTIONS (MODUS OPERANDI)

a. How did the suspect get near the victim?
b. How did he perform the crime?
c. How did the suspect get necessary information?
d. how hid the suspect get away from the crime scene?
e. How was the crime scene searched?

3. WHO QUESTIONS
a. Who reported the crime?
b. Who discovered the crime?
c. Who saw the crime was perpetrated?
d. Who is the victim?
e. Who is the suspect?
f. Who are principals, accessories and accomplices?

4. WHERE QUESTIONS
a. Where was the crime discovered?
b. Where did the crime took place?
c. Where are the victims, witnesses or suspects?
d. Where was the suspect seen/apprehended?
e. Where are weapons/tools used in committing the crime?
f. Where did the investigator secure or obtain the evidence?

5. WHEN QUESTIONS
a. When was the crime committed?
b. When was it discovered?
c. When was the police notified?
d. When was the victim last seen?
e. When was the suspect arrested?
6. WHY QUESTIONS
a. Why did the suspect committed the crime?
b. Why did he kill the victim?
 c. Why did he not just let the victim go?
d. why did he not surrender ?

RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION

● Refer to Article 111, Bill of rights under the Phil. Constitution
● Refer to Republic Act No. 7438 ( An Act Defining Certain Rights of Persons Arrested, Detained, or Under
custodial Investigation as Well as the Duties of the Arresting, Detaining and Investigating Officers, and
Providing Penalties for Violations Thereof)

INVESTIGATIVE THEORIES AND METHODS

Experienced investigators have proved that no two investigations are of the same type of crimes are exactly
alike. Each crime involves different sets of facts based from different sets of information, necessitating individualized
approaches and application.

A crime can be viewed as a happening which generates information signal about an act. In a criminal act,
the doer emits the signal while the police receives it.

TYPES OF INFORMATION

1. SENSORY FORM= the outward manifestations of a criminal event that can be perceived by out five senses –
eyes, ears, nose, tongue and hands.

2. WRITTEN FORM = A criminal act may also provide information is a written form like receipts from the motel, food
and drinks in the pocket of the suspect.

3. PHYSICAL FORM = The information may actually be in a real form – meaning the failure to retrieve it or receive it
at the right time will be useless. e.g Fingerprints on bottle of beer and interview.

TYPES OF EVIDENCE

1. TESTIMONIAL EVIDENCE = The most common form of evidence, and it is obtained through interview and
interrogation – events which witness see, smell, taste, and touch are described to the investigator through oral and
written testimony.

2. DOCUMENTARY EVIDENCE = This includes writings, including official records. One which is supplied by written
instruments, or derived from symbols which ideas are represented on material substances, like letters, wills, deed or
contract.

3. PHYSICAL EVIDENCE = Evidence addressed to the senses of the court, as when objects are exhibited for the
personal observation of the judge. It is also called real evidence – any kind of object associated with the
investigation, but it must be a tangible item.

USES OF EVIDENCE

1. AS A DIRECT PROOF = The evidence can be used to prove the fact directly without any inference or
presumption.
a. EYEWITNESS TESTIMONY = A witness testifies that he saw the suspect shoot the victim with a revolver.
b. CONFESSION = The suspect confessed that he shot the victim with his revolver.

2. AS CIRCUMSTANTIAL PROOF = It is used to prove the fact indirectly, by providing one fact which thereby give
rise to an inference or presumption as to the existence of another fact. The investigator must weigh the accuracy of
his conclusions, as well as the truthfulness of the evidence.
a. MOTIVE = The reason why a crime was committed.
b. OPPORTUNITY = Being in a better position to commit the crime.
 c. DECLARATION AND ACTS INDICATIVE OF GUILT = Actions on the part of a suspect which raise an
inference of guilt.
d. PREPARATION FOR THE COMMISSION OF AN OFFENSE = Acts prior to the crime which are
preparatory steps in its commission.
e. POSSESSION OF FRUITS OF THE CRIME = A person found in possession of a marked “bait money”
from a bank robbery: or a murder weapon found in the possession of a suspect.
f. MODUS OPERANDI = A suspect’s pattern or method or procedure in committing a crime.
g. ASSOCIATIVE EVIDENCE = Physical evidence that can link a suspect to a crime.
h. CRIMINAL POTENTIALITY = Possession of knowledge, skills or facilities that could easily be adopted for
criminal use.

DESIRABLE TRAITS OF THE INVESTIGATOR

1. SUPERIOR REASONING ABILITY = The ability to analyze logically a multitude of facts and determine how they
interrelate is basic to the investigative process. Although this ability is essential at all levels of law enforcement, the
investigator is confronted with continual mental challenges on a daily basis.

= This is related to CRITICAL THINKING. This method of reasoning challenges one to adopt an attitude of
fair mindedness, intellectual caution and an openness to questions common or assumed beliefs. Critical thinkers will
find supportable reasons to accept or reject an assumption and are never hesitant to seek an explanation of the
“why” of an event.

= Developing critical and analytical thinking is the means for understanding and using information that
emerges during the investigative process. Properly used, critical thinking leads to sound conclusions based on
independent ideas.

ELEMENTS THAT FROM THE FOUNDATION OF THE CRITICAL THINKING PROCESS:

a. Differentiating between fact and opinion.
b. Determining cause-and-effect relationships
c. Determining the accuracy and completeness of information presented.
d. Recognizing logical fallacies and faulty reasoning.
e. Developing inferential skills through deductive or inductive reasoning

● A FACT is a statement or observation that can be verified by other verifiable points of information, whereas
an OPINION is merely one’s impression or personal belief. Factual data will generally guide the course and
direction of the case, whereas opinions serve only as secondary, less valuable functions.
● CAUSE-AND-EFFECT thinking often serves as a directional purpose during the investigative process, as
one or more facts generate further related factual insights.
● FAULTY REASONING often centers on generalization, stereotyping, oversimplifying, or incorrect
assumptions
● DEDUCTIVE REASONING forms a general conclusion prior to having a complete explanation based on
facts. With the deductive conclusion in mind, the investigator considers the emerging evidence, contrasting it
with the conclusion to determine its validity. An INDUCTIVE REASONING is based on the results of further
investigation and evidence gathering.

2. IMAGINATION AND CURIOSITY = IMAGINATION means forming mental images of what is not present, or
creating new ideas by combining previous experiences – is indispensable in the many investigations that are not
complete. CURIOSITY is the desire to learn by being inquisitive (the eagerness of the investigator to know more
about the crime).
3. INTUITION = This is the immediate apprehension or cognition – quick and ready insight without the conscious use
of reasoning. It has been pointed out that many police investigators have a “sixth sense” resulting in hunches that
those outside the profession rarely perceive. This is often the result of experience and training. Applying one’s
experiences to a situation is generally a subconscious though process.

4. OBSERVATIONAL ABILITY= The act of observing is a noting and recording of facts. Under most circumstances,
the investigator will use the sense of seeing and hearing, the former being the more significant. e.g The criminal
investigator must be able to note visual details, while observing a subject for only a brief time. The accuracy of
descriptions of facial features, clothing, automobiles, etc is often crucial importance in a criminal case.

5. ORGANIZATIONAL ABILITY = Like the successful business executive, the police investigator is continually
processing various types of information. Written information, verbal information, current case assignments, and
follow-ups of past investigation all require an ability to organize. The investigating officer is receiving and processing
formal reports from a multitude of sources. This demands an orderly method of information retention that will result in
the availability of records and facts when needed.

6. LEGAL KNOWLEDGE = Today’s investigator must possess a solid grounding in criminal and to a lesser degree,
in civil law. The office must be able to distinguish between a criminal violation and a civil violation in order to
determine appropriate action.

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. Such insight can assist appreciably in
information gathering, interviewing, informant recruiting, and many other tasks commonly encountered during criminal
investigation. Because specific behaviors and traits are unique to various groups, development of an awareness of
cultural diversity can provide the investigator with new insights.
8. PERSISTENCE = Continuing in the face of opposition, or refusing to give up when faced with an adverse situation.
To persist until all available facts of an investigation are known and until satisfied that further effort will be
unproductive is the working definition of persistence for the investigator.

ROLES OF AN INVESTIGATOR

1. Determine that a crime has been committed

a. An act which violated no statute is not a crime
b. Departmental jurisdiction may be limited
c. Possibility of false report
d. Legal concept of corpus delicti (body of the crime)

2. Identifying the victim and the offender

True name not required = Section 7, Rule 110 of the rules of Court states,” If his (accused) name cannot be
discovered, he must be described under a fictitious name (John Doe) with a statement that his true name is
unknown.”

3. Locate and apprehend the accused

4. Presenting evidence of guilt

PHASES OF INVESTIGATION

1. PRELIMINARY OR INITIAL INVESTIGATION = It involves the first exposure of the criminal offense to the
investigative process. It serves as the foundation for the case; therefore, it must be a proper foundation or the entire
investigation is on jeopardy. The first police representative on the crime scene will usually be a uniformed patrol
officer. His duties are to be provided aid to the victim, to secure the crime scene for later investigation, and to begin
documenting the facts of the crime.
a. Offense determined = Specific nature of the crime, detailed description must be transmitted as soon as possible.
b. Suspect arrested, if possible = the outcome of preliminary investigation is governed by the passage of time. The
longer the interval without arrest, the lower the probability of success.
c. Crime scene protected = protection of the crime scene is one of the first procedure in the investigation of crime.
The preliminary inquiry focuses on the crime scene as the major area of importance.
d. Victim and witnesses identified = anyone who can add information to the initial investigation. The victim is given
the priority for the officer’s attention. A basic interview is conducted with the victim, keeping in mind that the victim will
be interviewed again during in-depth investigation.
e. Basic statements be taken
f. Crime scene processed
ACRONYM OF PRELIMINARY INVESTIGATION
P = roceed to the scene promptly and safely
R =ender assistance to injured persons
E = ffect arrest of the criminal
L = ocate and identify witnesses
I = nterview complainant and witnesses
M = aintain integrity of crime scene and protect evidence
I = nterrogate the suspect as necessary
N = ote conditions, events, and remarks
A = rrange for evidence collection or collect it yourself
R = eport the entire incident fully and accurately
Y = ield responsibility to follow-up investigator or superior officer

11. FOLLOW-UP OR IN-DEPTH INVESTIGATION = It follows up the preliminary or initial investigation. The
in-depth inquiry begins with a general reexamination of all facts, leads and other types of information secured during
the preliminary investigation. The detective must determine if the preliminary inquiry was complete and attempt to
answer the following:
1. Was the crime scene processed in a proper manner?
2. If the suspect was arrested, was the arrest legally competent?
3. Of the physical evidence secured, should be examined by the crime laboratory, and what specific examination
should be requested?
4. Are the identifying data concerning victims and witnesses correct?
5. Has the preliminary officer been contacted in regard to leads or areas of inquiry not found in the formal preliminary
report?

111 FINAL OR CONCLUDING INVESTIGATION = The direct outgrowth of the previous two stages. The investigating
officer works closely with the prosecuting attorney. A criminal case should be prepared for trial in the following order:

1. Review the suspect’s arrest to ascertain its legality

2. Review all suspect’s statements and admission as to their legality
3. Review the manner in which all relevant evidence has been secured
4. Reexamine legal requirements of victims and witness statements and identification of the suspect
5. Review and compile all notes, reports and documents that may be used during the trial.
6. Review all information secured by the use of informants and make decisions about the possibility of
their use in court.
7. Arrange for all necessary expert-witness testimony

CRIMINAL IDENTIFICATION
= Identification of suspects and the actual culprits of the crime is one of the primary task in criminal
identification. Most criminal cases referred for investigation have unknown suspects. The suspect’s action is known,
but positive identification has not been made. Even when the suspect’s identity is known, identification procedures
may be required to confirm information given by victims or witnesses.

SCOPE OF CRIMINAL IDENTIFICATION

1. Suspects identification
a. Positive identification = This uses information that identifies an individual beyond question and is legally
acceptable pertaining to and originating from a particular individual. e.g. fingerprints
b. Tracing identification = This involves the use of all other information that may be indicative of the
personal identity of an individual. e.g. testimony of a witness

2. Identification of actual suspects

METHODS / TECHNIQUES OF CRIMINAL IDENTIFICATION

1. FINGERPRINTS (Dactyloscopy) = The latent print lifted from the crime scene is compared with the actual print of
the suspect. If the two are the same, the latent prints belong to the suspect.

2. ROGUES GALLERY = Use of photographic files/mug files wherein the witness is invited to the police station and
then requested to examine the photographic files of known criminals.

3. GENERAL PHOTOGRAPH METHOD = The investigator shows to a witness/victim a variety of faces that may not
necessarily/directly represent the face of the criminal. The photographs shown to the witness only represent different
features of faces. The image in the picture maybe similar and thus include the various features such as:
a. degree of baldness
b. length and shape of nose
c. size of the ears
d. formation of the chin, jaw, and cheekbones
e. others

4. CARTORAPHY = The witness and the investigator develop a picture of the criminal with the help of a skilled
cartographer. Based on the description of the witness, the artist draws a composite face that approximates the
criminal’s facial appearance.

5. POLICE LINE-UP OR SHOW-UP = this involves a process of letting/allowing a witness to select the primary
suspect from a group of chosen persons (suspect and innocent person). This method is more convenient than the
other methods since the “element of suggestion” is avoided or minimized in the identification process.

STANDARD PROCEDURE ON POLICE LINE-UP

1. Four to ten persons are placed inside a line-up room. Combination of suspects and innocent individuals wearing
similar attire and, as much as possible in similar manner of appearance of the offender as described by a witness.
They should have similar race, height, and body built.
2. These persons are allowed to select their position in a line-up. Each person must be standing in front of a set of
numerical that indicate the height (in feet and inches).
3. A record is made of their description and physical characteristics. They should be photographed for the record.
4. The eyewitness is then allowed to view these persons in a line-up. He must be allowed to freely identify the person
whom he thinks is the one that he saw committing a crime ( as the case may be).
5. If he identifies one, the identification must be made in numbers not by names. It must be noted that the names (or
the personal identify of the person in the line-up) are not divulged to the eyewitness.
6. While the eyewitness is making the identification, other people aside from the investigator of the case should be
present such as the prosecutor and the counsel of the suspect. If it is possible, each of the suspects standing in the
line-up must have a counsel who will accompany the witness while he is making the identification.

THE ACCURACY OF IDENTIFICATION MADE BY EYEWITNESSES DEPENDS ON THE FOLLOWING FACTORS:

1. The ability of the eyewitness to observe and remember the distinct appearance of suspect.
2. The prevailing conditions of visibility and observation when the crime was committed.
3. The time that lapsed between the criminal event and when the identification was made.

TWO CATEGORIES OF CRIMINALS IENTIFIED BY A WITNESS

1. Known criminals/fugitives = These include group of criminals who have existing record in the police files. If the
criminal has an official record in any law enforcement unit’s file, the address of his relatives, friends and other
acquaintances can be located. These persons could offer description about the criminal. Background investigations
can be conducted on them to gather more personal data concerning the criminal.

2. Unknown criminals = Identification of unknown criminals should be conducted discreetly or with caution.
Available data or facts as to the appearance/description of the criminal are sometimes vague such that identification
process is difficult.
ROPING OR UNDERCOVER WORK = It is a form of investigation in which the investigator assumes a different and
unofficial identity ( a cover story) in order to obtain information. The general objective of an undercover investigation
is to obtain more information.

= It is a work that requires the assumption by a police agent of an identity in keeping with the situation to be explored.
The agent must drop his real identity and adopt another. He must talk with other people (preferably suspects), listen
to them, observe all they do, and when necessary, live with them.

SUREVEILLANCE = The discreet observation of places, persons, and vehicles for the purpose of obtaining
information concerning the identities or activities of subjects.

OBJECTIVES OF SURVEILLANCE
1. To detect criminal activities.
2. To discover the identity of persons who frequent the establishment and determine their
relationship.
3. To discern the habits of a person who lives in or frequents the place.
4. To obtain evidence of a crime or to prevent the commission of a crime.

SHADOWING OR TAILING = It is the act of following a person. Its objectives are:

1. To detect evidence of criminal activities.
2. To establish the association of a suspect.
3. To find a wanted person.
4. To protect a witness.

TYPES OF SHADOWING EMPLOYED DEPENDING UPON THE OBJECTIVE OF THE SURVEILLANCE

1. LOOSE TAIL is employed when a general impression of the subject’s habits and associates is required.
2. ROUGH SHADOWING without special precautions may be used when the criminal must be shadowed and he is
aware of this fact, or where the subject is a material witness and must be protected from harm or other undesirable
influences.
3. CLOSE TAIL surveillance is one in which extreme precautions are taken against losing the subject.

OBJECTIVES OF UNDERCOVER WORK

1. Obtaining evidence = The undercover workers observes criminal activities, listen to conversations, photograph
documents, and perform many other useful services for the purpose of obtaining evidence.
2. Obtaining information
3. Checking informant
4. To conduct fixed surveillance
5. Checking loyalty = On basis of information acquired from associates, the undercover can determine the true color
of the subject’s vice and thus dispel false impressions based on understatement or exaggerations.
6. To check subversive organizations
7. Security check = The undercover investigator can listen to the conversation of social groups to check on security
leaks or careless observations.
8. Preliminary to search or raid = The agent determines the presence of contraband for example or by observing
criminal activities. He can assist the surreptitious entry of the raiders or searchers.

GENERAL QUALIFICATIONS OF UNDERCOVER INVESTIGATOR

1. Well-trained and experienced

2. A calm, collected and resourceful individual with good judgment and wit
3. Complete self-confidence to feel absolutely certain that he can successfully play the part of the character he will
assume.
4. Courage and ability to meet unforeseen situations with quick, sound decisions.
5. Will power to avoid drugs and excessive use of intoxicants
6. Ability to avoid unwise entanglements with women involved in the case or associated with the subject.
PREPARATION OF ASSIGNMENT

1. Study the subject

2. Knowledge of the area
3. Subversive organization
4. Cover story = A fictitious background and history including the names, addresses, and description of the assumed
places of education, employment, associates, neighborhoods, trades, and travel
5. Physical details = Personal possessions should be obtained for the undercover investigator which are appropriate
to the character assumed to include clothes, a pocketbook, a watch, a ring, a suitcase, stubs of tickets, photographs,
and amount of money. The investigator must not possess any article which will suggest his true identity.
6. Testing = The investigator should memorize all details in connection with his assumed role and functions portion of
his biography. Tested by prolonged questioning and surprise inquiries.
7. Disclosure of identity = The investigator should be instructed not to disclose his identity or he should remain
undercover if arrested by civilian authorities. A plan or act should also be laid out against the contingency of
accidental disclosure of identity.

TOOLS OF CRIMINAL INVESTIGATION OR THE THREE (3) I’S OF INVESTIGATION

1. INFORMATION = Any knowledge derived from any source which can be used as a basis or as a means for
decision making to facilitate the successful termination of a criminal investigation.
= Information is the first vital key of successful investigation. Without appropriate or adequate information,
investigators will encounter difficulties in deciding where they should start or continue their inquiry. Thus, the ability to
secure and systematically collect information is a major asset of a good and competent investigator.

SOURCES OF INFORMATION

A. HUMAN SOURCE OF INFORMATION

1. VOLUNTARY INFORMANT = Anyone, regardless of a criminal or law abiding background, who provides
information to the public without ulterior motive or payment.
e.g. Garbage collector who observes a strange car parked infront of a home or a physician who treats an
individual with a gunshot wound.

● The common denominator is the VOLUNTARINESS of giving information.

Ways of obtaining voluntary information

a. Personal cultivation = Contacts made during a past investigation proves to be useful to the present case.

b. Departmental reference = Many police agencies have established file listings of voluntary informants
cultivated in prior investigation. The files may be cross-referenced by name, type of information obtained,
and occupation. Such information may prove to be very useful or of no value at all depending on the
information.

c. Unsolicited contact = Voluntary informants who self-initiate the police contact. Identified subjects who
report criminal activity without being solicited, or subject who give anonymous tips over the phone or by
letter.

2. INFORMANTS WITH ULTERIOR MOTIVES = Individuals who provided the police with information for
self-serving reasons. They do not demand or receive money for their information, however, serving as informant
benefits them in some fashion.

e.g Revenge has always been a strong motivating fact or criminals who feel they have been cheated in the
division of property often anonymously give information on their former partners.

3. PAID INFORMANTS = An individual who receives monetary compensation for information given.
 = In the majority of cases, the informant is either actively involved in crime or has close contacts with those
who are involved in crime.

B. DOCUMENTARY SOURCE OF INFORMATION = Any type of information of a printed nature, or data otherwise
recovered and stored for retrieval. Such information may be obtained from within the police agency, from other
criminal justice agencies, and from sources not connected with law enforcement.

= e.g. public records, private records, modus operandi files

C. PHYSICAL SOURCES OF INFORMATION

1. THE CRIME SCENE = The place where the crime was committed. All pieces of evidence secured from
the crime scene is reviewed as to its information potential. Crime scene evidence often has significant value in
providing the officer with suspect-tracing information.

2. WIRETAPPING = Interception of telephone calls.

3. ELECTRONIC SURVEILLANCE OR EAVESDROPPING = Listening on spoken interactions via devices

that gather and amplify sounds. EAVESDROPPING is listening to conversations without the use of any device.

OBJECTIVES OF INFORMATION

1. FOR POLICE ADMINISTRATORS = Information is used in decision making and in policy formulation.

2. FOR OPERATIONAL COMMANDERS = Information concerning their commands, personnel, logistics, and
deployment.

3. FOR INVESTIGATIVE SUPERVISORS = Information is necessary to establish priorities concerning cases to be

investigated, the criteria for selection of cases and supervision of cases under investigation.

4. FOR INVESTIGATORS = Information is required about the characteristics and peculiarities of previous cases
similar to the one under investigation, development of leads, and guidance during the interrogation phase of the
investigation. Information on criminals operating within the jurisdictional area of the department.

MOTIVES OF INFORMER/INFORMANT

1. Vanity = Self-aggrandizing persons is delighted in giving information to gain favorable attention/treatment from the
police

2. Patriotism = Civic-minded public or spirited persons of good standing in the community who are interested in
seeing that justice is done.

3. Repentance = The person, usually an accomplice provides information because of a change of heart and wishes
to report a crime that is preying on his conscience.

4. Fear = The person is under illusion or oppression by his enemies or other impending danger.

5. Avoidance of punishment

6.Showing gratitude for gaining something

7. Competition

8. Revenge
9. Jealousy

10. Remuneration

METHODS OF OBTAINING INFORMATION

1. OVERT = The visible way of obtaining information like conducting interview, patrol, crime scene search, regular
performance of police activities and custodial interrogation.

2. COVERT = The secret way of obtaining information like

a. surveillance = this can be done through physical or technical fixed or mobile
b. undercover assignments like roping, penetration, infiltration
c. entrapment
d. tactical interrogation

DEVELOPMENT AND CONTROL OF INFORMANTS

CONFIDENTIAL INFORMANT = An individual who supplies information on a confidential basis with the
understanding that his identity will not be made known.

NEED FOR INFORMANTS

1. Informants increase accomplishments in all areas of investigation.

2. Without confidential informants. The officer’s source of information is limited to what he gets through formal
interview.
3. Informants enable law enforcers to infiltrate the criminal element and help lower criminal morale. Advance
information improves crime prevention and enables the police to find out the identity of transient hoodlums.
4. Informants are an investigative “short cut” to solve cases, to recover stolen property, and to make apprehensions.

USES OF INFORMANTS

1. Maximum benefit = the confidential informant should be used for the maximum benefit of the entire organization,
not of only one (1) officer/ investigator.
2. A designated executive should be aware of the identity of the informant. At least two (2) individuals in the law
enforcement agency should know the identity of a confidential informant. This gives him the feeling that he is really
cooperating with the police. It is also possible that something might happen to you which would mean the loss of the
information to the entire police force. Besides the officer who developed the informant, it is suggested that the other
be a rank-officer to give the informant a feeling of importance.
3. Consider a program within your respective commands for the development of informants.

a. Keep records as to the ability of your men to develop informants.

b. Keep records as to the accomplishments of each of the informants. This should tell you who among the
informants should be discarded.
c. Keep records as to fugitives apprehended, loot recovered and cases given to you.
d. Maintain a tickler system to review your information’s contribution to your command.

“DO NO STEAL ANOTHER MAN’S INFORMANT”

11. INTERVIEW AND INTERRROGATION

INTERVIEW = The casual but systematic conversation with the person who may knowledge relevant to a crime
under investigation, but no personal reason to withhold information.
 = A communication involving two or more persons for the purpose of obtaining information relative to a
crime under investigation. The information gathering process will vary in difficulty in direct proportion to the following
factors:

a. cooperative attitude of the subject (the person being interviewed)

b. perspective ability of the subject
c. skill of the investigator
d. emotional state of the subject
e. legal knowledge of the investigator

VICTIM INTERVIEW = The majority of the victim interviews involve people who have been victimized by some form
of theft and who have not been in contact with the perpetrator. A smaller number will involve individuals emotionally
affected by direct contact with the criminal.

STEPS IN INTERVIEW
1. Thorough preparation = The investigator must determine the following before actually interviewing the
victim:
a. the nature of the crime
b. the identity and background of the victim
c. the emotional state of the victim

2. Face to face questioning = The questioning will vary in minor details but will generally involve many
“retellings.” The questioning techniques used by the investigator generally are determined by the emotional condition
of the victim.

3. Conclusion = The final step of the interview of the victim.

WITNESS INTERVIEW = A witness is one who saw or knows by personal presence and perception about the crime.

GENERAL REQUIREMENTS TO QUALIFY A WITNESS

1. That the witness was conscious during the event.
2. That the witness was physically present during the event.
3. That the witness was psychologically and mentally attentive during the event.

● People, objects and events are perceived through the five senses, sense of sight and hearing being the
most important in judging witness reliability. The visual accuracy of eyewitness testimony is very important
and is frequently scrutinized during a trial.

PURPOSES OF INTERVIEW
1. To establish facts necessary to prove the corpus delicti.
2. to obtain descriptive information to identify the suspect.
3. To corroborate or disapprove information previously obtained.
4. To verify evidence which the investigator has drawn from other evidence.
5. To recover fruits of the crime.
6. To determine the location of suspects.

TYPES OF INTERVIEW
1. BACKGROUND INTERVIEW = This is focused only in obtaining data regarding the personal background of the
subject, the simplest type of interview used in criminal cases.

2. SUBJECTIVE INTERVIEW = An interview wherein the questions are phrased in a manner such that the subject’s
answers are based on his personal opinions or views. Questions are designed to deal with the subjective aspect of
the case.

3. OBJECTIVE INTERVIEW = The questions are designed to acquire the basic and specific data or facts regarding a
criminal case. It is the type of interview that complies with the six cardinal points of criminal investigation ( the 5 W’s
and 1 H)>
STAGES OF INTERVIEW
1. PRELIMINARY = The first or initial questioning usually conducted at the crime scene.

2. FOLLOW-UP = This is to obtain further information that was missed during the initial interview and to clarify data
that has been already gathered.

3. FINAL = This is the last step of questioning that may lead to the act of offering a witness to testify during court trial.

INTEVIEW FORMAT (IRONIC)

1. IDENTITY
a. The investigator should identify himself to the witness by name, rank and agency.
b. he should try to size up the interviewee and reach a tentative conclusion about this type then use the best
interview approach.

2. RAPPORT = The investigator must establish good inter-personal relationship with the witness.

3. OPENING STATEMENT = The investigator must explain why the witness is being contacted.

4. NARRATION = Allowing the witness to present in a narrative form without injecting questions. This will allow the
continuity and clearness; range of interview is broadened; and it helps the interviewee recall and relate event in their
proper order.

a. The interviewer should keep to the point at issue and should not wander too far from it.
b. The interviewer should be alert fro hearsay information so he can question the interviewee on the
matter later.
c. Do not interrupt a trend of ideas by abruptly asking a question. However, you may guide the interviewee
with innocuous questions such as, “and then what did you do?

5. INQUIRY = After the witness has told the story, the investigator can make clarifying inquiries.

a. Dominate the interview. Be careful not to allow the interviewee to be the one asking the question.
b. Do not ramble. Have a reason for every question asked.
c. Follow the order of time and bring out the facts in that order. This technique is called “chronological
questioning” and is considered the easiest as people tend
to think in terms of what happened first, second, then so on.. The interviewer
should go step by step in learning all the details concerning the planning and
commission of the crime and what happened after it was committed.
d. Exhaust each topic before moving on to the next.
e. Determine the basis for each material statement. It might be hearsay.
f. Keep your questions simple and understandable.
g. The dangers of leading and misleading questions should be borne in mind. A question which suggests
to the witness the answer which the interviewer desires is a LEADING QUESTION. Questions which
assume material facts that have not been proven are MISLEADING QUESTIONS.
h. Wait for the answer to one question before asking a second question.
i. Ask important questions in the same tone of voice as unimportant ones.
j. As a rule, avoid tricking or bluffing questions.
k. Where it is necessary to inquire into the past history of the interviewee involving something unpleasant,
it is wise to use introductory remarks deploring the need for the question and saying that it is one of the
unpleasant but necessary duties of the officer.

6. CONCLUSION = The interview should be concluded when the witness has nothing pertinent to offer.

a. Before closing the interview, the law enforcer should make a mental check of the purpose of the interview and
should analyze what he has learned, then decide whether he has attained his objectives. He should be guided in this
respect by the 5 W’s and 1 H.
b. The interviewee should always leave the door open for re-interview.
INTERROGATION = The formal systematic questioning of a criminal suspect for the purpose of securing an
admission of guilt concerning his connection with, or participation in a crime under investigation.
CUSTODIAL INVESTIGATION = The skillful questioning of a suspect or hostile witness to divulge information
concerning the crime under investigation.

CUSTODIAL INTERROGATION = It is the stage wherein police investigators begin to focus on the guilt of the
suspect, and the suspect is taken into custody or deprived of his/her freedom of action in any substantial manner.

= It must be remembered, however, the police investigators cannot learn proper investigation merely by
reading books. The success of interrogation depends on its legality, topic, physical insight and experience.

PURPOSES OF INTERROGATION

1. To obtain information concerning the innocence or guilt of the suspect.

2. To obtain a confession to the crime from the guilty suspect.

● Confession = The direct acknowledgement of the truth of the guilty fact as charges or of some essential
part of the commission of the criminal act itself. To be admissible, a confession must be voluntary and
trustworthy.

= It is an express acknowledgement by the accused in a criminal case, of the truth of his guilt as to the crime
charged, or of some essential part thereof.

TYPES OF CONFESSION

a. Judicial confession or confession in open court.

b. Non-judicial confession which is also called “out-of-court or extra judicial confession.” This kind of
confession is inadmissible unless corroborative by proof of corpus delicti.
c. Involuntary confession = When the confession was induces by promises of the benefits or reward, or
by force, violence, threat, intimidation, duress, or any other means which vitiates the free will of the
accused. A person who confesses that he committed a crime in effect, waives his right to remain silent.
Therefore, for the confession to be valid, it must not only be voluntary, but also in writing and made with
the assistance of a counsel of his own choice , with full understanding of the consequences of such
confession.

3. To induce the suspect to make admission.

* Admission = It is a self-incriminatory statement by the subject short of acknowledgment of guilt. It is an
acknowledgement of a fact or circumstance from which guilt may be inferred. It implicates but does not
incriminate.

4. To know the surrounding circumstances of a crime.

5. To learn the existence and location of physical evidence such as documents or weapons.
6. To learn the identity of accomplices.
7. To develop information which, will lead to the recovery of the fruits of the crime.
8. To develop additional leads for the investigation of the crime.
9. To discover details of any other crime in which the suspect participated.

INTERROGATION TECHNIQUES

1. EMOTIONAL APPROACH = Place the subject in the proper frame of mind. The investigator should provide
emotional stimuli that will prompt the subject to unburden himself by confiding. Analyze the subject’s personality and
decide what motivation would prompt him to tell the truth, then provide those motives through appropriate emotional
appeals.

2. SYMPATHETIC APPROACH = The suspect may feel the need for sympathy or friendship. He is apparently in
trouble. Gesture of friendship may win his cooperation.
3. KINDNESS = the simplest technique is to assume that the suspect will confess if he is treated in a kind and
friendly manner.

4. EXTENUATION = The investigator indicates he does not consider his subject’s indiscretion a grave offense.
(Lessen the seriousness of the crime committed by providing partial excuse).

5. SHIFTING THE BLAME = The interrogator makes a clear belief that the suspect is obviously not the sort of person
who usually get mixed up in a crime like this. The interrogator could tell from the start that he was not dealing with a
fellow who is a criminal by nature and choice. The trouble with the suspect lies in his little weakness – he likes liquor,
perhaps or he is excessively fond of girls, or he has had a bad run of lick in gambling.
6. MUTT AND JEFF = These are two agents, Mutt, the relentless investigator, who is not going to waste any time
because he knows the subject is guilty. Jeff, on the other hand, is obviously a kind hearted man.

CRIMINAL INTEROGATION

TYPES OF OFFENDERS AND APPROACHES TO BE USED IN DEALING WITH THEM:

a. EMOTIONAL OFFENDERS have a greater sense of morality. They easily feel remorse over what they have done.
The best approach in interrogating this type of offender is the SYMPATHETIC APPROACH.
b. NON-EMOTIONAL OFFENDERS normally do not feel any guilt, so the best way to interrogate them is through
the factual analysis approach, that is, by reasoning with the subject and letting him know that his guilt has already
been, or will soon be, established.

INTERROGATION OF SUSPECT WHOSE GUILT IS DEFINITE OR REASONABLY CERTAIN

1. Maintain an attitude which shows that you are sure of yourself when you conclude that the subject is indeed guilty.
a. Do not be very friendly with the subject and do not offer a handshake.
b. At the outset, accuse the subject of lying. If he reacts with anger, this usually indicates innocence. But if
he remains calm, you can generally conclude that your suspicion of guilt confirmed.
c. Interruption of questioning by the subject may indicate innocence. Silence is equated with guilt.
d. Do not allow the subject to repeatedly deny his guilt.
e. Assume that the subject is guilty and proceed to ask WHY he committed the act, instead of wasting time
on who did it.
f. When interrogating, a “big shot,” it may be useful to lower his status by addressing him with his first name,
instead of using a title of respect.
g. Remember that one who is trained in criminal interrogation is easier to question than an ordinary criminal
since he has once confidence in himself as a liar.

2. The subject should be made aware of the fact that the interrogator knows information indicating his guilt and that
the interrogator is not merely “fishing” for evidence.

3. Let the subject know what he is showing signs of deception, some of which are:
a. Pulsation of the carotid (neck) artery
b. Excessive activity of the Adam’s apple
c. Avoiding the eyes of the interrogator, swinging one leg over the other, foot- wiggling, wringing of the
hands, tapping of fingers, picking fingernails, etc
d. Dryness of the mouth
e. Swearing to the truthfulness of assertions. This is frequently used by guilty subjects to strengthen their
assertions of innocence.
f. “Spotless Past Record” – “Religious Man.” These assertions to support statements which the subject
knows, and realizes the interrogator knows, to be false.
g. A “Not that I Remember” or “As far as I know” expression should be treated as a veiled admission or
half-truth.
4. Sympathize with the subject by telling him that anyone else under similar conditions or circumstances might have
done the same thing.

5. Reduce the subject’s guilt feeling by minimizing the moral seriousness of his offense.
6. In order to secure the initial admission of guilt, the interrogator should suggest possible reasons, motives or
excuses to the subject.

7. Sympathize with the subject by:

a. Condemning hid victim. During the questioning, the interrogator should develop the notion that the initial blame, or
at least some of the blame, for the crime rests upon the victim.
b. condemning the suspect’s accomplice. But the interrogator must be cautious so that his comments are not
misinterpreted by the subject as leniency or inculpable from liability.
c. Condemning anyone else upon whom some degree of moral responsibility might be placed for the commission of
the crime.

8. In encouraging the subject to tell the truth display some understanding and sympathy.
a. Show sympathy through a pat on the shoulder (Usually reserved for men who are either younger or of the same
degree as the interrogator, or emotional offenders), or gripping the subject’s hand. Care must be taken with female
offenders, who might consider any physical contact with the interrogator as a sexual advance.
b. Tell the subject that even if he were your own bother ( or any other close relative), you would still advise him to
speak the truth.
c. Convince the subject to tell the truth for his own moral and mental well-being.
d. the “friendly-unfriendly” act. This is much like the Mutt and Jeff system. The only difference is that this act seems
more effective if done by a single interrogator playing both roles.

9. Point out the possibility of exaggeration on the part of the accuser or victim or exaggerate the nature and
seriousness of the offense itself.

10. Early in the interrogation, have the subject situate himself at the scene of the crime or in some sort of contact with
the victim or the occurrence.

11. Seek an admission of lying about some incidental aspect of the occurrence. By achieving this, the subject loses a
great deal of ground, bringing him nearer to the confession stage, because he can always be reminded by the
interrogator that he has been telling the truth.

12. Appeal to the subject’s pride by well-selected flattery or by a challenge to his honor. Flattery is especially effective
on women subjects.

13. Point out the uselessness of lying.

14. Point out to the subject the grave consequences and futility of a continuation of his criminal behavior, rather than
seek a general admission of guilt, first ask the subject a question regarding some detail of the offense, or inquire as
to the reason for its commission.

15. When co-offenders are being interrogated and the previously described techniques have been ineffective, play
one against the other. This is effective because when two or more persons have collaborated in the commission of a
criminal offense and are alter apprehended for questioning, there is usually a constant fear on the part of each
participant that one of them will “talk” in exchange for some leniency or clemency.

INTERROGATION OF SUSPECT WHOSE GUILT IS UNCERTAIN

1. Ask the subject if he knows why he is being questioned.

2. Ask the subject to relate all he knows about the crime, the victim, and possible suspects.

3. Obtain from the subject detailed information about his activities before, during and after the occurrence under
investigation. This is a good method of testing the validity of the subject’s alibi.
4. Where certain facts suggestive of the subject’s guilt are known, ask him about them rather casually and as though
the real facts were not already known, to give the subject an opportunity to lie. His answer will furnish a very good
indication of his possible guilt or innocence, and if he is guilty; his position becomes very vulnerable when confronted
with the facts possessed by the interrogator.

5. At various intervals, ask the subject certain pertinent questions in a manner which implies that the correct answers
are already known.

6. Refer to some non-existing incriminating evidence to determine whether the subject will attempt to explain it, if he
does, that is an indication of guilt.

7. Ask the subject whether he ever thought about committing the offense or one similar to it. If the subject admits he
had thought about committing it, this fact is suggestive of his guilt.

8. In theft cases, if the subject offers to make restriction, that fact is indicative of guilt.

9. Ask the subject whether he is willing to take a lie-detector test. The innocent person will almost always immediately
agree to take practically any test to prove his innocence, whereas the guilty person is more prone to refuse to take
the test or to find excuses for not taking it, or for backing out of his commitment to take it.

10. A subject who tells the integrator, “all right, I’ll you what you want, but I did not do it,” is, in all probability guilty.

GENERAL SUGGESTIONS REGARDING THE INTERROGATION OF CRIMINAL SUSPECT

1. Interview the victim, the accuser, or the discoverer of the crime before interrogating the suspect.

2. Be patient and persistent. Never conclude an interrogation at a time when you feel discouraged and ready to give
up; continue for a little while longer.

3. Make no promise when asked, “What will happen to me if I tell the truth?” A promise of leniency or immunity may
induce an innocent to confess.

4. View with skepticism the so-called “conscience-stricken” confession.

5. When a subject has made repeated denials of guilt to previous investigators, first question him, whenever
circumstances permit, about some other unrelated offense of a similar nature of which he is considered to be guilty.

6. An unintelligent, uneducated criminal suspect with a low cultural background should be interrogated on a
psychological level comparable to that usually employed in the questioning of a child.

INTERROGATING WITNESSES AND OTHER PERSPECTIVE INFORMANTS

1. Give the witness or prospective informant an assurance that the offender will not harm him or any member of his
family, and that there is a witness protection program specially to meet that contingency when it becomes necessary.

2. If such witness or prospective informant refuses to cooperate with the police, try to serve any bond between him
and the offender, and proceed to interrogate the witness or informant as if he were the subject.

LEGAL REQUIREMENTS OF INTERROGATION

1. VOLUNTARINESS = The statement of a person being interrogated must have been made voluntary and must not
be the product of threat, fear, fraud, coercion, or other improper tactics.
2. INTERROGATION WHILE IN CUSTODY = The warning of rights or giving the MIRANDA WARNING/DOCTRINE

a. Right to remain silent

b. Right to counsel
c. Right to be provided with a counsel and if the suspect cannot afford the services of a private counsel,
he must be provided with one
d. Right to be informed of his rights
 e. Right to be informed that anything he says during the investigation may be used against him in court
f. No force, violence, threat or intimidation shall be used against him.
g. Any confession obtained in violation of these rights shall be inadmissible in court as evidence

EXCEPTIONS TO THESE RIGHTS = These rights need not to be given in the following events:

1. To interview suspect who are not under arrest, in custody or otherwise restrained.
2. To suspects who are in custody but not questioned.
3. To volunteered statements of suspect in custody as long as the investigator is not asking
questions, a talking suspect need not be advised of his rights.
4. To general on-the-scene questioning.
5. To statements made by the suspect to a private party.

INTERROGATION ENVIRONMENT

1. PRIVACY = This can be achieved by the presence of only one door of the investigation room, absence of windows
or view, sound proof and telephone without a bell.
2. SIMPLICITY = Distraction should be kept to its minimum. Too many objects may distract the attention of the
subject. This can be accomplished by a medium size investigation room, bare walls, no glaring lights, and minimum
furniture.
3. SEATING ARRANGEMENTS = The investigator and subject must be seated without any intervening furniture.
4. THE TECHNICAL AIDS = The interrogator may allow other persons to be present. Persons like the prosecuting
officer will have the opportunity to observe the prospective defendant, the victim and complainant maybe able to
make the identification.

a. Recording installation = This is important to record the interrogation and any confession made.
b. Listening device = A hidden microphone as a “live” telephone should be installed.
c. Two-way mirror or one-way mirror

METHODS OD REPRODUCING AN INTERVIEW AND INTERROGATION

1. Mental note
2. Written notes
3. Stenographic notes
4. Sound recordings
5. Sound motion pictures

A PHILOSOPHY OF INTERVIEW AND INTERROGATION

The RIGHT officer asking the RIGHT question

in the RIGHT manner at the RIGHT
time in the RIGHT place will
get the RIGHT answer.

111. INSTRUMENTATION= The scientific examination of real evidence; application of instrument and methods of the
physical sciences in detecting crime.

= The sum of these sciences insofar as they are applied to crime detection is called CRIMINALISTICS. In
other words, the work performed in a crime laboratory is called CRIMINALISTICS.

= CRIMINALISTICS may be defined as the recognition, identification, comparison and evaluation of physical
evidence by application of the natural sciences. INSTRUMENTATION, however, is taken here to mean more than
criminalistics. Thus, fingerprint systems, modus operandi file, lie detector, and other investigative tools are contained
within the scope of the term INSTRUMENTATION.
 LEARNING ACTIVITIES

A. Define and explain the following concepts

1. Criminal Investigation
2. Interrogation
3. Interview
4. Information
5. Preliminary Investigation

B. Answer the following essay form. Elaborate your answer

1. Discuss the history of Criminal Investigation. Explain how it develop and change as time passes by.
2. What are the cardinal principle of investigation? Explain and discuss how it aid in progress of investigation.
3. Explain the significance of admission and confession. How about Interrogation and Interview? What are their
similarities and difference? Support your answer.

C. Enumerate at least 10 personalities in criminal investigation and discuss their contribution and role in
evolution of Investigation.

D. Watch any movies related to criminal Investigation and make a movie analysis regarding the lesson,
learnings, principle that you notice and try to analyze and explain its significance. (Long bond Paper)

Kindly send your output here: [email protected]

CHAPTER 1
Assessment

A. Identify the word or group of words being referred to by the statements.

1. Simple inquiry or conversation type elicitation of information from a willing victim or witness relevant to a certain
incident, event under investigation.
2. The officers of the London Metropolitan Police were nicknamed as “bobbies
3. Acts in violation of the provisions of the Revised Penal Code.
4. An act or omission punishable by law forbidding or commanding it
5. The Supreme Court ruled that illegally obtained evidence is inadmissible in state criminal prosecutions. This case
established the “Doctrine of Poisonous Tree.”
6. Under his dictatorship in 1924, the Federal Bureau of Investigation was organized. This bureau then contributed to
the overall development of criminal investigation.
7. Also the collection and analysis of facts about persons, things and places, subject of a crime to identify the guilty
party, locate the whereabouts of the guilty party, and provide admissible evidences to establish the guilt of parties
involved in a crime
8. Famous English novelist that popularized the SCOTLAND YARD
9. A suspect’s pattern or method or procedure in committing a crime.
10. The discreet observation of places, persons, and vehicles for the purpose of obtaining information concerning the
identities or activities of subjects.

B. Answer the following essay form. Elaborate your answer.

1. Explain the accuracy of identification of eyewitness to certain crime.
2. Discuss the Cardinal points of criminal investigation.
3. Bases on your analysis, explain the 5 function of criminal investigation.
4. What is the difference between interrogations and interview in criminal investigation? Support your answer.
5. What is the uses of criminalistics in criminal investigation? Write your reflection about its purposes in criminal
investigation.

C. Define and explain the following concepts

1. Confession
2. Information
3. Interrogation
4. Rouges Gallery
5. Admission

D. Multiple Choice: Choice the best answer from the choices provided.
1. Simple inquiry or conversation type elicitation of information from willing victim or witness relevant to certain crime,
incident, event under investigation.
a. Interrogation b. Instrumentation c. Interview d. Information
2. The following are the purpose of criminal investigation, which is not?
a. to know the crime b. to know the truth c. to know the motive d. all of the above
3. Known as indirect evidence.
a. Prima Facie b. Corroborative c. Circumstantial d. Associative
4. As a rule, Criminal Investigation starts at the…
a. Precint b. Crime scene c. Hide of offender d. Place of Investigator
5. Which of the following should be the first steps to be done upon responding at the crime scene
a. Secure the area b. Protect the victim c. attend to emergency d. Collect evidence
6. In this type of search, the investigator divides the area into quadrants and each quadrant, a searcher is assigned.
a. Strip b. spiral c. Zone d. Wheel
7. In order to get of what was the appearance of the crime scene before the commission of the crime, the procedure
to adopt either mental or physical is…
a. refreshing b. reconstructing c. recalling d. reviewing
8. The most accurate means in showing actual measurement of each piece of evidence located at the scene.
a. Cartograph b. photograph c. Sketch d. Drawing
9. The following are the kinds of physical evidence except…
a. Corpus delicti b. Associative evidence c. statement d. Traced evidence
10. Chain of custody simply means…
a. proper transportation of evidence b. Proper transmittal of evidence
c. Proper way of collecting evidence d. Proper marking of evidence