WORKBOOK

in CDI 1
(Fundamentals of Criminal
Investigation and Intelligence)

THIS BELONGS TO:

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 TOPIC 1
Tools, Phases, and Principles of Investigation

➢ Criminal Investigation and its Phases

The word Investigation came from the Latin word “investigare” or “investigatus” which
means to trace or track. It may have been derived also from another Latin word “vestigium”
which meant footprint.

Criminal Investigation is defined as art and science oriented toward identifying

perpetrator/s, launching operations to locate his/her/their whereabouts and gathering of
evidence to prove his/her/their guilt during the criminal proceeding. It is deemed considered
as an art since it involves the personal qualities of the investigator as to how he/she will utilize
different techniques and devise his/her own skills in order to apprehend the perpetrator.
Criminal Investigation is also considered as science in a sense that criminal investigation
follows a logical procedure, methods or process in order to arrive at a certain conclusion as to
how the crime was committed as well as to how he/she will provide evidence to prove the guilt
of the perpetrator during criminal proceeding.

The term perpetrator refers to the person suspected to have committed an act which
is defined by law as crime and whose identity was unknown to the police.

In the course of investigating crime, criminal investigation takes the following stages to
ensure the success of the case being handled namely:
1. Identify perpetrator/s – It is important in the first part of investigation to recognize as to who is
the perpetrator of the crime. It is mainly established as this will guide investigators as to who
committed the crime.
2. Locate his/her/their whereabouts – After identifying the perpetrator, the next step is to trace
his/her/their whereabouts, which includes but is not limited to his/her/their place of residence,
workplace, and hangout.
3. Provide evidence needed for his/her/their conviction – To successfully produce a conviction,
investigators must remember the rules in handling evidence so as to maintain its integrity
starting from the crime scene up until during court presentation.

➢ Kinds and Modes of Criminal Investigation

Kinds:
1. Investigation while the suspect is under arrest or detention
2. Investigation while the suspect “at large”

Modes:
1. Reactive Mode – initiated based on a complaint
2. Proactive Mode – these are designed to catch a criminal in the act of committing a crime

CDI 1 Printed Notes – Page 1

➢ Approaches and Tools in Criminal Investigation

The manner how investigator starts learning facts about the crime is significant in
leading him/her as to the motive of the perpetrator base on the arrangement of physical
evidence in the crime at the time they were seen for collection. Motive is the moving power
and cause, that induces an individual to perform an act which is defined as a crime. This
manner how investigator starts learning facts about the crime is referred as the approach in
investigation.

Criminal investigation can be based on the following approaches considering the type
of crime and the manner how it was collected such that:

1. Inductive approach – this approach in investigation follows a sequence from specific to general
such that investigators will look first at the pieces of evidence before concluding as to what
crime is committed.
2. Deductive approach – this approach in the investigation is contrary to the former as this starts
from the general to specific such that investigators will first start looking at the body of the
crime (corpus delicti) before proceeding with the individual evidence as to how the crime was
committed.

For better understanding, corpus delicti refers to the body of the crime or the fact that
the crime was committed. The following example illustrates the corpus delicti of the crime:
1. Dead body in case of murder or homicide case;
2. The stolen property in theft or robbery case; or
3. The deprivation of liberty of any person in case of kidnapping and serious illegal detention.

To aid those approaches, investigators must remember the tools in criminal

investigation which includes the following:

1. Information – refers to the data needed in the course of investigation. This will allow
investigators to gather facts needed to solve the case as this is considered as the lifeblood
and essence of investigation.
2. Interview and interrogation – both are similar in terms of their purpose-to acquire information.
However, they differ in the manner as to how they gather and collect information such that
interview is done in a simple manner of questioning and mostly done among complainant,
victim/s or witness/es. Interrogation on the other hand is intrusive or antagonistic in its
approach as it questions commonly suspect/s, accused or hostile witness/es.
3. Instrumentation – refers to the process of employing scientific instruments in crime detection
such as but not limited to bullet comparison microscope, fingerprint comparator, polygraph
machine and the like.

In addition, tools in investigation refer to the data or methodology used or employed

from the beginning up to the ending phase of the investigative processes.

CDI 1 Printed Notes – Page 2

 Methods of Identification

Successful criminal investigation is impossible without first establishing the identity of

the perpetrator. Hence, all efforts are futile if perpetrator cannot be brought for prosecution
and the feeling of injustice on the part of the victim is inevitable.

Method of identification refers to the ways and means employed to uncover the
personality of the person who may have committed an act in which under the existing law is
regarded as a crime.

Moreover, the identity of the person suspected to have committed a crime can be
established mainly through the following:
1. Identification by witness – the identity of the perpetrator is established through an eye-witness
or person who have seen the perpetrator in the actual commission of the crime or his presence
was seen in the crime scene or immediate area/s where the crime took place.
2. Identification through Physical Evidence – the identity of the perpetrator is established through
collection of physical evidence that has logical connection to the case which could either be
associative or tracing evidence. This two differ such that:
a) Associative evidence – these are those material/s owned and can be linked to the
perpetrator which by some instance was left at the crime scene.
b) Tracing evidence – these are those material/s taken by the perpetrator at the crime
scene and most commonly found in theft or robbery cases.
3. Identification through Forensic Science – this method is done through the aid of the expertise
of different forensic services such as DNA, fingerprint, odontology and the like.

➢ Patterns, Leads, Tips, and Theories

Patterns, leads, tips, and theories are components of the investigation process that enable
investigators to learn and understand the facts of the occurrences with which they are dealing:

1. Patterns - Patterns are series of similarities that may link particular cases or indicate that
the same person is committing a series of crimes. Pattern could include time and day, day
of the week, description of the suspect, MO, type of weapon being used, type of victim,
location and other variables.

2. Leads - Leads are clues or pieces of information that aid in the progress of an investigation.
These can be physical evidence or information received from the witnesses or other
persons or through surveillances, undercover investigations and record searches.
Anything that can assist an investigator in resolving an investigation refers to leads.

3. Tips - Tips are leads provided by the citizens that aid in the progress of an investigation.
Generally, tips involve the identity of the suspect.

4. Theories - Theories pertain to beliefs regarding the basis on the evidence, patterns, leads,
tips and other information developed and uncover in the case. Detectives have to be very
careful in building theories about the case, because if the theory is wrong, it may lead them
in the wrong direction.

CDI 1 Printed Notes – Page 3

➢ Cardinal Points

A series of questions and procedures should be set in order to produce a fruitful result.
In the conduct of investigation, the investigator must note the cardinal points in criminal
investigation that address the following questions:
1. What act was performed in which the law defines it as crime?
2. Who committed the act in which the law defines it as crime?
3. Where did this act, as defined by law as crime, happen?
4. When did this act, as defined by law as crime, happen?
5. Why was this act, as defined by law as crime, performed?
6. How did this act, as defined by law as a crime, happened?

Moreover, investigative process is defined as the procedure taken by the investigator

which commence from the time the crime was reported up until it was brought before the court
for the trial of person accused to have violated the law and for proper sanction and disposition
of the case. Along with the investigative process, the investigator must establish that a crime
has been committed and the person suspected should be held for trial. In the process of
establishing that a crime was deemed committed, the following should be noted such that:

1. Investigator must prove that the accused is guilty;

2. Investigator must ensure that the accused was identified by competent witness;
3. Investigator must confirm that whatever evidence found in the crime scene
pinpoints to the same accused or group of accused people;
4. Investigator must note that evidences recovered in the crime scene are the same
evidences that will be presented in court; and
5. Investigator must remember that conviction will depend as to how he will establish
the elements of the crime alleged.

However, what happens if investigator fails to accomplish all those enumerated?

There is now a greater tendency that the case will be dismissed. In the eyes of the law,
the case is deemed dismiss if there are some technical errors committed which includes but
not limited to tampered evidence, break in the chain of custody, or the prosecution had not
established the guilt of the accused beyond reasonable doubt and other.

➢ Role and qualities of an Investigator

Investigators play an important role in the success of criminal investigation. As they

are the primary individual who gathers and collects relevant information concerning the crime
and later on give testimonial evidence in court. As such, they should possess the following
qualities to become an effective investigator.

1. Good communication – this refers to the capability of the investigator to interact both in written
and oral. This means that they can do effective interview either to the witness or suspect as
well as be able to write written report when required to do so. Effective interview means a
fruitful interaction between the investigator and the people as he gathers information without
language problem.

CDI 1 Printed Notes – Page 4

2. Active listener – this refers to the ability of the investigator to attentively hear the testimony
given by a witness and be able to identify hearsay statements or false statements. Hearsay
statements are those made by the person who does not witness the actual commission of the
crime while false statements are those which are purely fictitious and invented only by
witnesses.

3. Critical thinking – this refers to the analytical skills of the investigator while he formulates
judgment based on the testimonies given by the witnesses and evidences gathered in the
course of investigation.

4. Work under pressure – this refers to the capacity of the investigator to go through the
investigation process despite of obstacles and hindrances that he/she may encounter such as
but not limited to lack of resources, inadequate investigative leads and clues and others.

5. Innovativeness – this refers to the flexibility and resourcefulness of the investigator in trying to
uncover the identity and location of the perpetrator. This includes finding all possible ideas
that he/she may take in the course of investigation.

6. Integrity – this refers to the honor and honesty of the investigator in solving the case and avoid
unethical issues that will discredit his/her image.

7. Knowledge about rules on evidence – this refers to the knowledge of the investigator about
evidence handling which includes but not limited to preservation, marking, tagging, packaging,
and the requirements as to how such evidence will be admitted in court during presentation.

Moreover, these qualities should not be possessed only by an investigator but rather
should be enhanced in response to the changing society. This could be possible through
different seminars and training in line with an effective investigation.

CDI 1 Printed Notes – Page 5

NAME: ___________________________________________ YR & SECTION: _____________

ASSESSMENT No. 1
Concept Map

Directions: Look for the concept of the following words and prepare for an activity in the
next face-to-face class.

1. Admission and Confession

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2. Arrest
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3. Chain of Custody
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4. Crime Scene Investigation

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5. Custodial Investigation
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6. Intelligence
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7. Intelligence Cycle
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8. Methods of Collecting Information

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9. Miranda Rights
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10. Physical Evidence

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CDI 1 Printed Notes – Page 6

 (ANSWER IT DURING YOUR NEXT FACE-TO-FACE CLASS)

Directions: Now that you already know the concept of the given words, you will create a
concept map guided by the illustration presented below. Choose on what tool of criminal
investigation does the concept of the word belongs.

CRIMINAL
INVESTIGATION

Interview and
Information Instrumentation
Interrogation

CDI 1 Printed Notes – Page 7

 TOPIC 2
Basic Concepts of Intelligence

Information, which is one of the tools of criminal investigation, refers to the element of
investigation necessary for gathering and collection of data to include its progress as it moved
forward in solving the case. As opposed to its legal perspective, information is defined as
accusation in writing, charging a person with an offense, subscribed by the fiscal, and filed in
court.

In connection to intelligence, information is simply the “raw data”. This simply implies
that in the aspect of intelligence, information are just pieces or its part. These pieces of
information are useless without being analyzed and evaluated so that they can be
disseminated and used by appropriate person. In contrast with information, intelligence refers
to collated, analyzed, and evaluated information appropriately acquired for a particular
purpose.

Sources of Information – this is the network of data which can be linked or grouped in order to
obtain a concrete and reliable information based on the prevailing need or as the need arises.
Some of these common sources are:

1. People as sources of information

a. Regular source – these are information gathered through people who have come directly
to the attention of the police commonly the complainant, witness or victim.

b. Cultivated source – these are information generally taken through the use of informant or
informer.
i. Informer – this refers most specifically to those persons who are recruited or
hired and paid in a regular basis just to provide information
ii. Informant – refers to any person who possesses knowledge regarding crime,
criminal syndicate, or ongoing criminal activity and provides information with
the police with or without consideration. It is usually used interchangeably with
the term informer

Below are the common types of informants:

1. Anonymous – these are unidentified or unknown informants and usually provide

information to the police through telephone or cellphones
2. Double-crosser – these are those informants who provide information in order also to gain
information from the police. Worst, they acquire more information than what they give.
3. False informant – these are those informants who provide false information or information
without basis.
4. Frightened informant – an informant who provides information due to panic or anxiety.
5. Legitimate – these are those informants who provide information voluntarily to the police.
6. Mercenary – these are those informants who provide information in exchange for a reward,
whether for money or any other consideration.
7. Self-aggrandizing – an informant who provides exaggerated information to the police in
order to gain advantage or attention

CDI 1 Printed Notes – Page 8

 8. Women – these are the most dangerous and difficulty type of informants against male
subjects.

In addition, below are the common motives of the informant in providing information such as:

1. Civic-mindedness – informant provides information as a sense of duty and obligation to

assist the police.
2. Fear – the person gives information due to oppression by enemies or other impending
danger.
3. Gratitude or gain – informant provides information to obtain a privilege toward the welfare
of his family
4. Jealousy – the informant is pushed to provide information to the police due to his
resentment to the accomplishments or possessions of another.
5. Remuneration – a person informs the police for some pecuniary or other material gain he
is to receive.
6. Repentance – the informant provides information as a sign of regret for what he has
previously done.

c. Grapevine source – these sources of information are gathered from those who are in the
underworld criminals or ex-convicts.

2. Record as source of information

a. Government source – these are sources taken from the government agencies
or any of its instrumentality.
b. Private source – these sources of information are usually taken from the
different private entities and business organizations, public utilities such as
water or electric bills, and all other private sectors.
c. Internet source – this modern source of information is done through searching
specific detail by typing the desired key or phase in the different search engine.

Characteristics and Context of Intelligence

Intelligence is used primarily to crack down organized crime, defend from enemy
attacks, and aid in the progress of either covert or overt operation. Overt investigation simply
means as operation conducted openly while covert investigation in contrast is an operation
conducted in clandestine manner. Clandestine simply means as secret. Considering that
intelligence is the backbone of police operation, then no operation should be made without
successful and accurate intelligence.

In addition, it must be noted that intelligence is not only used in line with the different
police operation but also in improving the political, economic, and sociological advantage of
the nation. Apart from that, take note that intelligence should possess the following
characteristics as it serves its purpose. If not, any information gathered will be hampered or
might acquire false information. As whole, any operation or activity might be jeopardized.

1. Intelligence and operation are interdependent.

As intelligence provides valuable inputs for the effectiveness of police operation, in like
manner, operation provides for the continuity of intelligence activities

CDI 1 Printed Notes – Page 9

2. Intelligence is continuous
This implies that intelligence must not be disrupted and must be continuous following simple
cycle from the time information is being collected in response to the need, up to the time it will
be processed and disseminated to appropriate person

3. Intelligence must be useful

This means that intelligence must meet the commander’s need and should be relevant to the
current operation

4. Intelligence must be available on time

Intelligence must be communicated and disseminated to appropriate person on time as
information that is too advance or late as useless

5. Intelligence operations require imagination and foresight

Intelligence must be forecasted based on prudence with the intuition that information is
possible to be collected from a particular source

6. Intelligence must be flexible

It must be noted that intelligence is adaptable to every situation of all kind as operation might
be vary depending on the purpose and occasion

7. Intelligence requires continuous security measure

Take note to deny unauthorized disclosure or relevant information to enemy as well as provide
protection in handling classified materials

➢ Scope of Intelligence

i. Types of Intelligence

1. Strategic Intelligence is a type of intelligence that is long range in nature and requires a
longer period of time before being materialized and fully available. It is an intelligence data
that are not of an immediate value. It is usually descriptive in nature, accumulation of physical
description of personalities and modus operandi. It does not have immediate operational
value, but rather long range that may become relevant to future police operations.

2. Line Intelligence on the other hand is a type of intelligence that is immediate in nature and
can be available or developed within a short period of time. It is the kind of intelligence required
by the commander to provide for planning and conduct tactical and administrative operation
in counterinsurgency. This includes knowledge of People, Weather, Enemy and Terrain
(PWET) which is fundamental in planning and conducting tactical and administrative operation
in a counterinsurgency.
People includes the living condition of the people, sources of income, their education,
government livelihood projects, and the extent of enemy influence to the people. Weather
refers to the visibility, cloudy, temperature, precipitation (rain) or windy of the climate. Enemy
as the term suggest, refers to the study of location, strength, disposition, tactical capability,
and vulnerability of the enemy. Terrain includes relief and drainage system, vegetation,

CDI 1 Printed Notes – Page 10

 surface material, manmade features and some military aspects of terrain which includes cover
and concealment, obstacle, critical key terrain feature, observation and fields of fire, and
avenues of approach.

Intelligence also covers a wide range of areas in its application.

ii. Types of Intelligence according to its end-user

1. National Intelligence – network of information concerning national policy and national

security
2. Departmental Intelligence – refers to information needed by all the department agencies in
the execution of government plans and programs
3. Military Intelligence – information regarding military activities which is at the same time
essential to the different military operations.
4. Police Intelligence – collected, analysed, collated and evaluated information concerning
criminal investigation, criminal syndicate, organized crimes, and other police problems

In the area of police intelligence, it includes criminal intelligence, internal security intelligence,
and public safety intelligence. Criminal Intelligence (CRIMINT) refers to the knowledge
essential to the prevention of crime and the investigation, arrest, and prosecution of criminal
offenders. Internal Security Intelligence (INSINT) refers to the knowledge essential in the
maintenance of peace and order. Lastly, Public Safety Intelligence (PUSINT) which refers to
the knowledge essential in ensuring the protection of lives and properties.

INTELLIGENCE CYCLE AND ITS PROCESS

Intelligence Cycle is defined as the process of obtaining information which includes proper
procedure and sequence of steps starting from planning, collection, collation, and the
dissemination of information to appropriate persons. Intelligence cycle is important as it
provides the necessary details in attaining the mission. Mission is the purpose why intelligence
should be gathered and used for particular undertaking. This is considered as the heart of the
intelligence cycle.

Planning Phase

In intelligence cycle, planning is defined as the process of determining the extent and
scope of the needed preparation which includes the supervision of the collection of information
and other requirements based on the standard priorities.
In planning for the collection of information, the following factors should be considered
such as:
1. Sources of information – pertains to the individual or group, association or entity which may
possess possible information to which an individual desires to be gathered
2. Operations of the command – is the manner how the collecting agency and even the agency
upon which data will be gathered acts or works for a particular purpose in order to determine
the needed preparation or security.

CDI 1 Printed Notes – Page 11

3. Characteristics of the enemy – refers to the capabilities, power, influence, and connections of
the enemy forces or upon any person to whom the data to be collected shall be directed or
used.
4. Methods of gathering information – simply refer to the different approaches as to how
information shall be gathered or collected. This will help intelligence officer to provide the
necessary Essential Elements of Information (EEI). These are information pertaining to the
target area which the commander feels he need before he can arrive with an accurate
decision.

In addition, collecting agency refers to the any organization, entity, association or individual
person that collects and gathers the needed information through an intelligence officer. Target
area refers to any individual, group, association or entity that subjected to for operation or
intelligence gathering.

Collection Phase

In intelligence cycle, collection refers to the information gathering done in compliance

with established procedure to avoid detection and penetrate successfully.
In collecting information, the following factors should be considered such as:
1. Who will collect the information;
2. What information will be collected;
3. Where are the places whereby information shall be collected;
4. When is the right time to gather the information;
5. How this information shall be collected; and
6. Why this information should be collected?

Take note that since the collection and gathering of data is as cycle, any information gathered
or collected
to which the intelligence officer finds less value or no value at all shall be recorded and, if
possible, preserved as it may be used for future endeavors.
In selecting the collection agent, the following factors should be considered:
1. The placement or access to the information;
2. The capability to gather the information;
3. The number of people who will gather the information; and
4. The strength and security of the target area.

Collation Phase

In intelligence cycle, collation refers to the process involved in evaluating the accuracy
and reliability of the information collected. Reliability means judging the source of information
while accuracy simply means the level of truthfulness of the information collected.
In collation stage, all collected information will undergo the following:
1. Recording – refers to the systematic sorting of all documented information and prevent them
either in writing or some other form of presentation so that they can be analysed and studied
for further action.
2. Analysis – the collected information is divided into different components; and isolate those that
are relevant to the mission or those that has intelligence value which includes looking into the
source of information, truthfulness of the information and who provides the information.

CDI 1 Printed Notes – Page 12

3. Evaluation – refers to the assessment of information done to determine the reliability of the
source and providing judgement in line with accuracy to determine its truthfulness as well as
its pertinence to the current situation.

Reliability and Accuracy Table

RELIABILITY OF ACCURACY OF SOURCE OF
INFORMATION INFORMATION INFORMATION
1 – Confirmed by other T – Direct observation by
A – Completely Reliable
sources Commander of Unit
U – Report by DPA or
B – Usually Reliable 2 – Probably True
Resident Agent
V – Report by PNP/AFP
C – Fairly Reliable 3 – Possibly True
Troops
W – Interrogation of
D – Not usually reliable 4 – Doubtfully True
Captured Enemy
X – Observation of
E – Unreliable 5 – Improbable
gov’t/civilian employee
F – Reliability cannot be Y – Member of the populace
6 – Truth cannot be judged
judged Z - Documentary

4. Integration – is the combination of all those isolated information from various sources to
produce a new information necessary for the success of the mission.
5. Interpretation – is the process involved in providing meaning and significance of new
information.
6. Synthesis – provide conclusion based on the new information generated in relation to the
current situation.
Take note, processed information is now called intelligence.

Dissemination Phase
In intelligence cycle, dissemination refers to the actions taken to transfer processed
information to appropriate persons. Extra care should be considered in disseminating
information and should be based on the “need to know” principle. Meaning, information or
those that had already intelligence value should not be passed, handed, and disseminated
among persons who have the personality to know or acquire the same.
In line with dissemination, the intelligence can be disseminated in any of the following:

1. Fragmentary orders from top to bottom of the command

2. Memorandum, circulars, special orders
3. Operations order, oral or written
4. Conference – staff members
5. Other report and intelligence documents
6. Personal contact
Who are the users of intelligence?
1. National leaders;
2. Military commanders;
3. Advisors and staff;
4. Friendly nations;

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5. Head/chairman of an organization; and
6. Any person with authority or right over the intelligence

COUNTERINTELLIGENCE

Counterintelligence is a type of intelligence employed to protect the interest and

safeguard lives, property and important information against possible entry or infiltration of
enemy forces from being lost, destroyed or stolen. In police parlance, this includes denying
and blinding enemy about police operation as well as giving the police officer the opportunity
to gather information without being detected. This is also the phase of intelligence covering
the activity devoted in destroying the effectiveness of hostile foreign activities and protection
of information against the following:

1. Espionage – refers to the stealing of vital information either physical or electronic form;
2. Subversion – the recruitment of person who is working within an organization or employment
of any person to an organization who will work secretly in an attempt to undermine or
overthrow its current system;
3. Sabotage – refers to the stealing of properties or destruction of any material in order to hamper
or cause delay in the preparation or regular working duties.

Moreover, the application of counterintelligence is best appreciated in providing

Military Security as it provides the commander the necessary measures to be taken to protect
itself against espionage, enemy operation, sabotage, subversion or surprise. In Port Frontier
and Travel Security, counterintelligence aids in protecting the point of entry and departure in
international borders or boundaries. In the field of Civil Security, counterintelligence helps in
providing measures that affect non-military nationals who are residing in an area either
permanently or temporarily. One of the best application also of counterintelligence is the
Censorship, as this aids in controlling the movement of the different person particularly those
who are expected to destroy any government institutions or projects. In the conduct of Special
Operations, counterintelligence also provides protection against counter subversion,
sabotage, and espionage.

In the field of Counterintelligence, (CI) Operation, it could either be Counter Human

Intel, Counter Imagery Intel or Counter Signal Intel. Counter Human Intel (HUMINT) seeks to
overcome enemy attempts to use human sources to collect information or to conduct sabotage
and subversion. Counter Imagery Intel (IMINT) are actions such as surveillance radar, photo
thermal and infrared systems and rely heavily on pattern and movement analysis and
evaluation of the enemy. Lastly, Counter Signal Intel (SIGINT) which determines enemy
SIGINT and related enemy weaknesses, capabilities and activities, assess friendly operations
to identify patterns, profiles and develop, recommend and analyse countermeasures.

In providing protection to vital information, the type of counterintelligence that could be

utilized is either through passive or active measure. Passive CI Measures include protection
of classified and sensitive information to the unauthorized individual through secrecy,
communication security, and other various safeguards. Active CI Measures on the other hand,
are those measures that actively block the enemies’ effort to gain information or engage in
espionage, subversion, and sabotage.

CDI 1 Printed Notes – Page 14

 In addition, the concept of counterintelligence does not only limit to the protection of
vital information or to hide ones identity from the enemy but also includes detection,
prevention, and neutralization of enemy activities. Detection is about knowing the clandestine
operation of the enemy. Prevention is about avoiding enemy attacks or infiltration while
neutralization is the suppression of enemy activities.

To sum up, counterintelligence is very significant to but not limited to the following such that:
1. Denying information to the enemy;
2. Reducing the risk of a command;
3. Protecting vital information and property;
4. Increasing security forces; and
5. Decreasing the enemy’s ability to create plans against the organization.

CDI 1 Printed Notes – Page 15

NAME: ___________________________________________ YR & SECTION: _____________

ASSESSMENT No. 2
Infographic Presentation

Directions: Meet with your groupmates and have a brainstorming about the phase of the
intelligence cycle assigned to you. Create your own notes about the phase and be prepared
for a recitation in the next face-to-face class since the representative from your group will be
randomly called for the infographic presentation.

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(Phase of the Intelligence Cycle)

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CDI 1 Printed Notes – Page 16

 TOPIC 3
Methods of Collecting Information

1. SURVEILLANCE

Surveillance is defined as the clandestine or secret observation of persons, places or

objects to acquire valuable information. Unlike undercover operation, which enters or infiltrates
criminal syndicates, surveillance is merely observation or watching the particular subject.

In the conduct of surveillance, subject refers to who or what is being observed which
can be any person, place, property, vehicle, group of people, organization or object as the
target in conducting surveillance. The agent here or the person conducting surveillance or
making an observation is referred as the surveillant. He is usually an investigator who
disguises himself purposely for surveillance. The conduct of surveillance is guided by the
surveillance plan. Surveillance plan simply refers to the outline or blueprint as to how
surveillance should be conducted.

While conducting surveillance, any person whom the subjects picks or deals with while
he is under observation is termed as contact. Take note to be observant as the subject may
be accompanied by a convoy or decoy. Convoy is an associate of the subject who follows him
to detect surveillance while decoy is a person or object used by the subject in attempt to
escape the eyes of surveillant.

The surveillant should be cautious not to alarm the subject since he might be burn out.
Burn out or made happens when subject under surveillance becomes aware that he is under
observation and identifies the observer. If it happens, the subject often uses all the means to
elude the surveillance. When the surveillant does not know the whereabouts of his subject or
the subject had eluded the surveillance, it means lost.

To prevent this, as much as possible do not make yourself too close to the subject to
avoid detection. Just remember to have a log. Log refers to the chronological record of
activities that the subject had or took place in the target area. Target area refers to the area of
operation of surveillance activities. Remember not to forget to take note of whatever happened
and, if possible, take photographs.

Types of Surveillance

The types of surveillance that the agent or surveillant use may vary depending on his
purpose. As such, it is the job of the police investigator in charge as to what should be the
best type of surveillance that should be done in order to acquire details necessary for the case
under investigation or for future endeavors. The types of surveillance are discussed as follows:

1. Stationary surveillance – this surveillance is otherwise known as fixed, plant or stakeout

surveillance and is commonly done in one standard location. This is best useful when:
a. A stolen property is expected to be dropped; or
b. A crime is expected to happen.

CDI 1 Printed Notes – Page 17

2. Moving surveillance – this surveillance is employed when the subject moves from one place
to another. The person is commonly tailing or shadowing the subject. Tailing or shadowing
simply means as the act of following a person’s movement either through foot or with the use
of an automobile. The subject of this surveillance is usually a person. Under this method of
surveillance, this could be done in the following manner:
a. Rough tail or open tail – otherwise known as rough shadowing, and is commonly
employed if the subject knows about the presence of the surveillant. Rough tail
can be used in the following scenario:
• When the subject is a material witness of a crime; or
• A fugitive who knows that he is under constant surveillance.
Take note that rough tail also suffers some liabilities and charges like
police harassment or invasion of privacy.
b. Close tail or tight tail – this tailing is employed when it is extremely important not
to lose the subject and a constant surveillance is needed. Close tail is very useful
when:
• The subject will commit a crime;
• There is a need to know the subject’s exact habit; and
• Subject’s activities are necessary to another critical operation.
This tailing is employed even if the subject recognizes the surveillant
which means that the subject must be within his distance and sight.
c. Loose tail – refers to the tailing commonly employed if the surveillant wants to
remain undetected. This tailing could be used best when:
• Surveillant needs the general information about the subject; and
• Surveillant needs to know the subject’s activities or associates.

If the subject is lost during surveillance, relocate the subject and continue the surveillance.

3. Aerial surveillance – this type of surveillance is done using helicopters or other aerial devices.
This is commonly employed in areas that is not accessible to foot or surveillance vehicle.

4. Video surveillance – this refers to the use of video equipment and other devices used to record
visual activity of the subject.

5. Audio or electronic surveillance – this refers to the employment of bugging or wiretapping

devices. These two differ such that:
a. Bugging is the eavesdropping any communication or conversation with the aid of any
bug devoces. Bug is a form of electronic device place in an establishment to record,
receive or transmit conversation.
b. Wiretapping is the interception of communication lines such as telephone or cellphone
lines in order to listen or record conversation.
In addition, eavesdropping is the act of listening secretly to any conversation who are
within the same premise as with the person who intends to listen to the conversation.
Example of this:
• Listening to people who are talking at the table beside you; and
• Sitting beside the person who is talking to someone over telephone lines.

CDI 1 Printed Notes – Page 18

Methods of Surveillance

This is the manner as to how surveillance is to be conducted which includes the various
procedures and techniques employed by an agent or surveillant. This could either be one man
shadow, two man shadow, or three man shadow

Procedures in the Conduct of One Man Shadow

1. Follow the subject, but not too close. A distance that is enough for you to see the subject,
but not too far to lose the subject.
2. If the subject turns, you either follow his path or cross to the other side, whichever you
think is practicable in the situation.
3. Make a good decision as to where the subject will be going. In that case, the surveillant is
at the advantage in taking the right position or placement while following the subject.
4. Do not wear any apparel or clothing that are obvious or can caught the attention of the
subject.
5. Take photographs if possible, especially those contacts by the subject.

Procedures in the Conduct of Two Man Shadow

1. The first surveillant (A) should follow the subject while the second surveillant (B) follows
the first surveillant.
2. Both surveillant should have a proportionate distance. Meaning, a distance that is enough
for them to see, but not too far to lose the subject. They must also have a proportionate
distance which means that they are not too far or too close to one another.
3. If the subject either crosses the street or turns, allow the second surveillant (B) to follow
the subject while the first surveillant (A) should either cross or go straight but not on the
same side where the subject go. This time, the first surveillant should find the right place
and timing to regroup. He may stop and later follow surveillant (B) or turn and catch them
on the next corner depending on the situation.
4. Make a good decision as to where the subject will be going. In that case, the surveillant is
at the advantage in taking the right position or placement while following the subject.
5. Regroup if chances are possible. Meaning, have the original placement but necessarily
the same surveillant when you started doing the shadowing of the subject. This means
that the first surveillant (A) may now become the second (B) surveillant or vice versa.
6. Do not wear any apparel or clothing that is obvious or can catch the attention of the subject.
7. Take photographs if possible, especially those contacts by the subject.

Procedures in the Conduct of Three Man Shadow

1. The first surveillant (A) should follow the subject while the second surveillant (B) follows
the first surveillant. The third surveillant (C) is in the same way where the subject is going
but on the opposite street parallel with surveillant (A).
2. Like in one man and two shadow, both surveillant should have a proportionate distance.
3. If the subject either crosses the street or turns, allow the second surveillant (B) to follow
the subject while the first surveillant (A) should either cross or go straight but not on the
same side where the subject gone. The third surveillant (C) should observe the subject

CDI 1 Printed Notes – Page 19

 and act the role of either surveillant A or B depending on the situation. Whoever becomes
the third surveillant should follow the same. Later, they should find the right place and
timing to regroup.
4. Make a good decision as to where the subject will be going. In that case, the surveillant is
at the advantage in taking the right position or placement while following the subject.
5. Regroup if chances are possible but again, not necessarily the same place when you
started doing the shadowing of the subject. This means that the first surveillant (A) may
now become the second (B) surveillant or vice versa and surveillant (B) becomes now the
surveillant (C) and surveillant (C) becomes now surveillant (A) or vice versa depending on
the situation.
6. Do not wear any apparel or clothing that is obvious or can catch the attention of the subject.
7. Take photographs if possible, especially those contacts by the subject.

Take note that the procedure taken either in one man, two man, or three man shadow are
quite the same. They just differ in terms of their role and placement. In this way, alarming the
subject that he is under surveillance is quite small considering that there are two or three
persons conducting the surveillance.

2. UNDERCOVER OPERATIONS

Undercover operation is very vital in criminal investigation. This serves as their arm in
information gathering or even in the capture of suspects. As per definition, undercover
operation is a form of investigative technique whereby an undercover agent usually
investigators assume another identity in order to infiltrate the ranks of criminal syndicates
Take note that undercover agent should have their best cover and cover story. Cover
refers to the means as to how investigators will hide his original identity while cover story is
the biographical portrayal of the investigator as to what role he will depict toward criminal
syndicate while collecting vital information. The person who provides support to the
investigator is referred to as the cover support.

Types of cover:

a. Artificial cover – it is done if the undercover agent is modifying his identity based on
the current operation or as the case may require
b. Multiple cover – involves the use of different cover that will fit to a given situation

Assignments:

a. Residential assignment – involves the employment of undercover agents in an area

where the subject lives
b. Social assignment – employment of undercover agent in the hangout places or areas
where the subject frequents for fun and entertainment
c. Work assignment – employment of undercover agents in areas where the subject
works

CDI 1 Printed Notes – Page 20

 Elements of Undercover operation:

• Head – person who directs the organization conducting the undercover operation
• Target – pertains to any person, place or things against which the undercover operation
is to be conducted
• Agent – refers to a person who conducts the clandestine activity. This could be a police
officer or any person who can access and gather information from the target.

In the conduct of undercover operation, be cautious when confronting with the ranks
of criminal syndicate. When gathering information, be sure that you are good in elicitation. And
when reporting to the office, the investigator should meet any personality or his companion
with the law enforcement agency in a safe house only. The term safe house refers to a safe
place where the investigator or his informant will meet for briefing or debriefing purpose. To
avoid any suspicion from those who are in the ranks of a criminal syndicate, the undercover
agent may use couriers to provide feedback as to the current operation. Courier refers to the
person who carries an information to another person.

It could also be through leaving a message in some places or drop. Drop refers to a
secure place where agents or informants give their message to the other agents which could
be either:
• Dead drop – the agent merely leaves the message
• Live drop – the courier hand over the message directly to the agent

It must be noted that undercover agent must be very cautious at all times as any failure
in this operation might cost his life. Be reminded of the following while conducting undercover
operations:

1. Act naturally as possible.

2. Do not overplay your part.
3. Do not indulge in any activity, which is not in conformity with the assumed identity. This
means that if you play the part of a fisherman then act like a fisherman and have
knowledge, attitude, and skills of a fisherman.
4. Do not make notes unless they are to be mailed or passed immediately. Use code or
cipher if possible.
5. Do not use liquor or any intoxicants except if necessary and limit the amount to avoid
being drunk.
6. Limit your association with women.

3. ELICITATION

It refers to a process of extracting information during an apparently normal and

innocent communication, where one or more of the involved parties is not aware of the specific
purpose of the conversation. Most intelligence operatives are well trained to take advantage
of professional or social opportunities to interact with persons who have access to classified
or other protected information.

CDI 1 Printed Notes – Page 21

 One attraction of elicitation is that, it is a very low risk activity. It is hard for the target
to recognize as an intelligence collection technique and easy to deny any intentional
wrongdoing. It is just a pleasant conversation among colleagues or friends.

Elicitation, though it is just a simple conversation, is a planned, systematic process

requiring careful preparation that generally includes the following:

➢ Preparation
Apply elicitation only with a specific purpose in mind. The objective and the information desired
must be clearly identified. Before the approach, all available intelligence files and records,
personality, dossiers and knowledge possessed by others who have previously dealt with the
subject. This will help to determine the subject’s background, motivation, emotions and
psychological nature.
➢ Approach
Approach the subject in normal surroundings to avoid suspicion using either flattery or
provocation.
➢ Conversation
Once the approach has succeeded in opening the conversation, devise techniques to channel
the conversation to the area of interest.

Elicitation Tricks:
1. By appealing to the ego, self-esteem or prominence of the subject; you might be able to
guide him or her into a conversation on the area of operation.
2. By soliciting the subject’s opinion and by insinuating that he or she is an authority on a
particular topic.
3. By adopting an unbelievable attitude, you may be able to cause the subject to explain in
detail or to answer out of irritation. The agent should not provoke the subject to the point
where rapport is broken.
4. By inserting bits of factual information on a particular topic, you might influence the subject
to confirm and further expound on the topic. However, careless or over use of this
technique may give away more information than gained.
5. By offering sincere and valid assistance, you might be able to determine the subject’s
specific area of interest.
6. By quoting something as fact
7. By disagreeing partially
8. By use of flattery liberally but sensibly
9. By sharing confidence with the subject
10. By use of analogies and or comparative situations
11. By use of a negative approach
12. By being incredulous and ask for proof
13. By use of refreshments, food and music to eliminate strange relationship and make him
willing to exchange confidence

Human Weakness to be considered in Elicitation:

• Gossip
• Need for recognition
• The habit of advising, teaching, correcting, substantiating, challenging and contradicting

CDI 1 Printed Notes – Page 22

 • Challenging their expertise

Why elicitation works?

1. Most of the people want to be polite and helpful even from strangers
2. People might be tempted to say more than they should on matters appealing to their
professional specialty
3. Self-importance; people want their usefulness to be appreciated. They may talk
elaborately in response to praise
4. People shows genuine interest to those persons who treated them in the same way
5. As an honest people, most are hesitant to withhold information or be suspicious of other’s
motives and interest

4. OBSERVATION AND DESCRIPTION (ODEX)

An individual’s complete awareness of his surroundings is achieved through maximum

employment of his/her senses. ODEX focuses on factually reporting one’s own observations
or the sensory experience recounted by others. Psychologists estimate that approximately
85% of our knowledge is gathered through sight, 13% through hearing, and 2% through the
remaining senses (taste, smell and touch).

Psychological process for accurate observation:

1. Attention
- It consists of the psychological process involved in becoming aware of an existence of
fact.
Types of attention:
• Involuntary – you have no control and requires no effort
• Voluntary – more reliable in the sense that the mind is conditioned to focus or observe
a particular thing or subject, exerting more effort and less control
• Habitual - little effort with a maximum of control. This is conditioned attention given to
a particular subject, which is the result of repetitive acts that stimulate one’s awareness

Attention Factors:
▪ Size (unusual sizes)
▪ Change (unusual changes such as present to being absent)
▪ Repetition (a type of mental conditioning: i.e. the ringing of the bell signals the end of
university classes for every one and half hour)
▪ Striking quality (something irresistible to senses such as highly distinct smell or odor)
▪ Interest (something appealing, attracting, arousing and intriguing that captures
attention)
▪ Organic condition (the normal functioning of organs that activates human senses)

2. Perception
It involved in the understanding the fact of awareness. The following are perception
factors:
• Mental Capacity – possession of enough intelligence to comprehend and understand
the facts and things

CDI 1 Printed Notes – Page 23

 • Educational Background – possession of specific knowledge through formal
education. A person might be mentally matured but his understanding on things may
still be limited due to lack of different perception about things
• Empirical Background – understanding is based on previous exposure from the same
set of facts and not by formal education
• Occupational Background – perception may vary due to the occupation or the nature
of work which someone is engaged in

3. Report
It involved in identifying the name in one’s own mind and narration of some facts which
have been perceived and identified. The following are reporting factors:
➢ Vocabulary – the choice of words and terms to accurately narrate someone’s
observation
➢ Time Lag – the time interval between the actual observation and reporting might affect
completeness and accuracy of the facts observed. The memory’s retentive capability
diminishes over time. Accordingly, more than one-half of the facts observed and
remembered are unconsciously omitted from the memory within four hours. With this,
things that are difficult to remember should be properly recorded the earliest time
possible.
➢ Recurrence of similar incident – repetition of similar and related events may cause
overlapping facts that may lead to confusion upon reporting.
5. CASING

It is considered as one of the basic tools of a field operative in the conduct of covert
operation. It is continuous, being an indispensable preparatory step to the conduct of virtually
every type of clandestine activity, and highly sensitive, in that its early detection compromises
in advance its intended operational use. Casing is an American intelligence terminology, the
British calls it Reconnaisance or “RECCE” for short.

The discreet inspection or observation of place conducted to facilitate any of the following:

1. To determine the place suitability and vulnerability for a particular operational use
➢ Selection of site for personal (clandestine) meeting such as brush
pass/lightning pass, dead drops, clandestine radio communications and
reception for air/sea drops, safe houses etc.
2. To gather information necessary to develop a plan for its operational use
➢ Casing of the place where a drug trade will be held, installation of audio and
video surveillance, clandestine photography, and preparation for surprise
search/arrest.
3. To verify or validate an information about the area
➢ To verify whether a place, office or business establishment is engaged in illegal
activities such as drug trade, gambling, prostitution, trafficking etc.

Steps in Casing:
o Area Familiarization
o Actual inspection
Types of Casing:

CDI 1 Printed Notes – Page 24

 o External
➢ It is the close observation and clear description of area, building, or installation;
particularly its location, approaches, physical barriers, immediate vicinity etc.
o Internal
➢ It is the close observation and clear description of the layout of the building, an office
or a room.

Conducts prior to Casing:

1. Determine the specific need for the casing and the information required (identifying
operational requirements for the casing as well as the purpose).
2. Exhaust other sources of information
3. Develop a logical and systematic plan (by considering the purpose or objective of the
casing to the character of the area).
4. Prepare needed supplies and equipment.
5. Consider the risk involved and how to avoid them.
6. Plan the cover before, during, and after the casing.

Conducts during Casing:

1. Act naturally.
2. Make measurement and take notes discreetly. Develop observational skills and make
recording in secure places, or make the recording in a disguised manner.
3. Get all the information required on the first visit. Avoid repeated visit and use different
case if repetition is necessary.
4. Use concealment devices for photography in public areas. Develop proficient skills in
clandestine photography.

Considerations in Recasing:
1. Recasing should be done prior to operational use if several months have passed since
the original casing.
2. Recasing should also be done at the specific time of day and day of week, the site is
designed to to be used.
3. Recasing should be spaced out and conducted at various times of the day and the days
of the week to increase the knowledge base on the site.
4. Outdoor site should be cased at different season or weather conditions
5. Ideally, a recasing should be done one day before the site is used.

Casing Report:

Casing Report is basically composed of textual presentation coupled with accurate

illustrations.
1. Description of the mission
2. Operational data covering the target/subject, mode of communication and cover used
by the operatives
3. Logistics used
4. Recommendations (as to the suitability, best approach to be used etc.)

CDI 1 Printed Notes – Page 25

AGENTS

An agent is any person capable, skilled, and competent in collecting, extracting,

gathering, infiltrating, penetrating information of all kinds in various sources as well as
knowledgeable in the science of disguise in order to avoid detection from the enemy or any
unwanted forces while doing intelligence work. Intelligence work is defined as the clandestine
operation or activity done by any agents in order to gather relevant facts for future operation.

Agents also play an important role in extracting information in any undercover operation. They
do interview of suspected individuals, infiltrate the rank of criminal syndicate or even disguise
as one of them with the sole purpose of acquiring vital information relevant to the success of
the operation. Most of the time, you do not recognize them or you do not see them. That is
part of their job in order to hide their identity as well as to protect the lives of their family and
loved ones.

• Agent of influence – agents who use authority to gain information

• Agent in place – these agents are recruited within a highly sensitive target
• Expendable agents – these agents leak false information to the enemy
• Penetration agents – these are the agents who have reached the enemy camp, gathered
information, and are able to get back without being caught
• Double agents – an enemy agent who has been taken into custody and sent back where he
came from as an agent of his captors

General Classification of Agents

Agents are generally classified based on their assignment whether they are those who
direct the planning in gathering information, directly penetrate the ranks of criminal syndicate
or supports the whole operation. These agents are as follows:
1. Principal Agents – these are the leader or management agent in the clandestine operation.
2. Action Agents – these are those who conduct the clandestine operation which is further
classified into:
a. Espionage Agent – an agent responsible for the collecting of information
b. Propagandist – these are agents who mold the attitude, action or opinion of an
individual or a group of people
c. Saboteur – an agent directed to undertake action in line with destroying
temporarily or permanently, any material, an article or property which is
necessary in their normal operation
d. Guerrilla – these are agents who are part of paramilitary group organized to
cause great damage to the enemy during hot war situation
e. Strong arm – these are those agents who provide special protection in times of
dangerous phase of clandestine operation
f. Provocateur – these are agents who induce the enemy to act on their own
detriment or put them in disadvantage
3. Support Agents – these are those agents who engage in activities in line with giving support
to the clandestine operations. This inludes:
a. Surveillant investigator – these are those who continue to observe any person
or places that is connected to the operation
b. Procurer of funds – those who obtain money needed to sustain the operation

CDI 1 Printed Notes – Page 26

 c. Safe house keeper – the person responsible in maintaining the safe house for
training, briefing, debriefing or any other purposes
d. Communication agent – the person responsible for securing the clandestine
operation

People may think that agents are cool and skilful in various aspects. However, those skills are
necessary in order for them to survive and go back alive to their respective agency and family.
Some of them were relocated and isolated in areas away from home for the sole purpose of
accomplishing their tasks as agents.

CDI 1 Printed Notes – Page 27

NAME: ___________________________________________ YR & SECTION: _____________

ASSESSMENT No. 3
Surveillance Operation

Directions: Make your own observation of your subject/target and fill-out the details needed
below. Prepare your notes and consolidate it with your groupmates for your finalized report.
This sheet will be attached together with your final surveillance report.

Name of the Target:

_________________________________________________________________________

Date and Time Observed:

_________________________________________________________________________

Description of the Subject during Observation:

_________________________________________________________________________
_________________________________________________________________________

Activities done by the Subject:

_________________________________________________________________________
_________________________________________________________________________

Description of Contact (if any):

_________________________________________________________________________
_________________________________________________________________________

Description of Places Visited and its Location:

_________________________________________________________________________
_________________________________________________________________________

Attach your documentation during observation below:

CDI 1 Printed Notes – Page 28

 TOPIC 4
Interview and Interrogation

In order to attain a productive investigation, investigators must be knowledgeable and

skilled in gathering information. One way of gathering information is done through a successful
interview of witnesses, complaints or victims, and interrogation of suspects or any person
accused of a crime. Field inquiry simply means as the general questioning of all people present
in the crime scene. This is done in order to give investigator an idea as to the extent of the
crime committed. Interview and interrogation are similar, in the sense that they are both ways
of obtaining information from a person that has knowledge of a crime. It can be the victim/s,
suspect/s or witness/es. They just differ on the manner of questioning.

• Interview is a form of questioning among person who have knowledge regarding the
commission of a crime. It is commonly done among witnesses, complainants and victims
of the crime.
• Interrogation is a questioning style which involves the use of strong appeal or aura in order
to gather information among persons who may have direct involvement of the crime. It is
usually done among person suspected to have committed a crime or those hostile
witnesses. Hostile witnesses are those who are uncooperative and do not wish to provide
information necessary for the prosecution of the case.

Additionally, investigators must do the interview the soonest time possible as this will allow
them to gather better information concerning the crime. The lesser the time between the
commission of the crime and the conduct of interview, the more accurate it will be and fruitful
for successful investigation.

Possible Reasons Why Witnesses Refuse to Testify:

1. Fear of Reprisal
2. Great Inconvenience
3. Hatred against the Police
4. Because of Bias Witnesses
5. Avoidance of Publicity
6. Family restriction

Rules in Interview

Gathering information relevant to the case does not only include the skills and
competency of the investigator but as well as the proper and timely preparation in doing
interviews. Keep in mind that interviewers should be versatile or flexible in handling different
types of personality as this will allow him to gather relevant facts in line with the commission
of the crime. Some of these important things that investigators must remember are as follows:

1. Case review – investigators must review the relevant facts about the case before
proceeding with the interview of the interviewee. This will allow him to capture all the
necessary detail while doing the interview as well as prevent the loss of vital information
to which the interviewee possess;

CDI 1 Printed Notes – Page 29

 Golden Rule in Interview: “Never allow the interviewer to conduct nor let anyone to
conduct an interview without prior visit to the crime scene.”
2. Build rapport – this means that the investigator needs to communicate properly and bring
the interviewee to attention in establishing a good communication in order to proceed
with cognitive interview. Take note that rapport refers to the good relationship
established between interviewer and interviewee as a result of their mutual
understanding in solving the case. As an effect, investigators can do the cognitive
interview wherein interviewee can provide all the relevant facts of the case under
investigation through narration of his accounts and upon the aid of effective interviewing
techniques;
3. Simple question – this means that investigators should not allow the interviewee to be
confused. Confusing questions make it difficult for the interviewee to understand and
provide accurate answers;
4. Avoid implied answer – this means that investigators must not allow a question
answerable by either “yes” or “no”. if that is the case, this will limit the perspective of the
interview and investigators may omit some important facts of the case;
5. Avoid leading question – as much as possible, avoid leading questions as this will
redirect interviewee’s mind and will focus only to matters which investigators ask.
However, this may be useful in interviewing child witness;
6. Do not ramble – this simply means that investigators should ask one question at a time;
and
7. Good closure – this means that investigators should be courteous and kind to the
interviewee as a further set of interview is possible. Do not allow interviewee to put
grudge against you.

Moreover, in dealing with multiple suspects, investigators should remember to separate

them immediately as this will create the suspects to create a strong alibi. Alibi is defined as a
form of explanatory statement made by the suspect in order to exclude him from being
investigated or to give justification for his presence or absence in a certain situation which has
a logical connection to the case.

Phases of Interview

1. Preparation
Investigator must review the facts at the crime scene and information from other sources
in order that he/she would be ready for the questioning.
2. Approach
This is done through investigator’s careful selection of the kind of approach to use, which
maybe a single kind, a combination of two or the application of all techniques
3. Warming up
This is done by preliminary or exploratory questions to clear the atmosphere and promote
a conducive place for cordiality, respect and trust for each other.
4. Cognitive interview
This is performed by allowing or already asking now the subject to narrate his/her account
without interruption, intervention or interference.

CDI 1 Printed Notes – Page 30

 Interview Format (IRONIC)
1. Identify
2. Rapport
3. Opening Statement
4. Narration
5. Inquiry
6. Conclusion

Characteristics of a Productive Interviewer

The capacity to gather information relies heavily on the skills and competency of the
investigators. Skills of the investigators refer to his technique employed, manner of approach
and timely decision in doing the interview while competency refers to the knowledge earned
through experience and training. Moreover, investigators must also possess the following
characteristics in order to become successful interviewer such that:

1. Self-reliance – this means that investigators must be confident in doing the interview while
at the same time conscious in listening to the interviewee. Interviewee is the person
placed under interview;
2. Adaptability – this means that investigators must be flexible in different situations and be
able to do the interview at the interviewee’s convenience.
3. Perseverance – this means that investigators must endure all obstacles that may come
before the process of interviewing the interviewee;
4. Optimistic – this means that investigators must be positive in dealing all possible
interviewee’s that may be called before him; and
5. Patience – this means that investigators must exert all possible effort to maintain a good
attitude in handling the interview as well as the ability to work under pressure.

Successful investigation of the case cannot be done without the suspect being
interrogated. Since interrogation of suspect is the usual and classic scenario done to obtain
strong information, however, investigators should be skilled enough as it is expected that the
suspect will not speak anything which will implicate them to the crime they have committed.

Goals of Interrogation:
1. To find the truth about the crime
2. To obtain an admission or confession of guilt from the suspect
3. To gain all facts in order to determine the method of operation or modus operandi and
the circumstances of the crime in question
4. To collect information that guides investigators to arrive at a logical conclusion.

Preliminary Preparation
Investigators should identify himself before the conduct of interrogation and must allow
the subject to know the purpose of the same. The term subject refers to the person who is
placed for interrogation.

CDI 1 Printed Notes – Page 31

Interrogation Techniques

This refers to the method employed by the interrogator in questioning and eliciting
relevant facts necessary for the conviction of the suspect. In addition, investigators must
employ appropriate and suitable interrogation styles depending on the type of suspect. Some
of these techniques are:
1. Emotional Appeal. This is a technique whereby the investigator, combining the
skills of an actor and a psychologist, addresses the suspect with an emotional
appeal to confess.
2. Sympathetic Approach. The investigator, in his/her preliminary or probing
questions must dig deep into the past troubles, plight and unfortunate events in the
life of the suspect.
3. Friendliness. A friendly approach coupled with a posture of sincerity may induce
the suspect to confess.
4. Trick and Bluff Techniques:
i. Pretense of Solid Evidence
ii. Weakest Link
iii. Drama
iv. Feigning Contact with Family Members
v. Line Up
vi. Reverse Line-Up
vii. Stern Approach
a. Jolting
b. Opportunity to Lie
viii. Mutt and Jeff or Sweet and Sour Method
ix. Removing the Ethnic or Cultural Barrier
x. Searching for the Soft Spot
5. Rationalization. It is the use of reasons, which is acceptable to the subject that
led to the commission of the crime. The application of this technique depends upon
the nature of the crime.
6. Projection. It is the process of putting the blame to other persons, not alone to the
suspect.
7. Minimization. It is the act of minimizing the culpability of the suspect. The
investigator convinces the suspect that a confession will reduce the offense and
the penalty.

The main objective of interrogation is to obtain confession or admission from the suspect
and to learn relevant information from the suspect or uncooperative witness/es.

Distinction between Confession & Admission:

CONFESSION ADMISSION
Confession is defined as the direct Admission is defined as the
acknowledgement of the suspect with acknowledgement only of some elements of
respect to his participation concerning the the crime and is not tantamount to
commission of a crime. confession.

CDI 1 Printed Notes – Page 32

 Kinds of Confession:

• Extra Judicial Confession

It is a confession that is made by the suspect during custodial investigation or those
confessions that are made outside of the Court.
➢ Voluntary Extra-Judicial Confession
➢ Involuntary Extra-Judicial Confession (null & void)

• Judicial Confession
This confession is made by the accused in open court.

In order for a confession to become valid, the following requirements must confer such that:
1. The person making the confession must be appraise of his constitutional rights as
provided by the Miranda doctrine such that he has the right to remain silent and anything
he will say can be used against him, and be provided with an independent and competent
counsel;
2. If the person making confession waive his right, it must be done upon a valid waiver with
the assistance of a counsel. Waiver refers to a document signed by the person making
the confession renouncing all his rights as provided by the constitution; and
3. There was no third degree use. Third degree simply means as the use of physical force,
intimidation, threat, or any other similar means done to obtain confession.

However, Miranda warning need not be applied in cases where the confession was done
voluntarily or made spontaneously such that:
1. The person was running to the police station and suddenly spoke out that he killed a
person;
2. The person who subjected to for fingerprinting or to be taken handwriting sample or doing
a lineup for sobriety test;
3. Field questioning or in the crime scene;
4. Roadside questioning or any traffic stops; or
5. Any other minor violations.

CDI 1 Printed Notes – Page 33

NAME: ___________________________________________ YR & SECTION: _____________

ASSESSMENT No. 4
Interrogation Techniques

Directions: Select 10 interrogation techniques and prepare one question in each

technique. You will utilize these questions for your video presentation to be submitted as one
of the major course requirements.

1. Technique: _______________________________
Question: ______________________________________________________________

2. Technique: _______________________________
Question: ______________________________________________________________

3. Technique: _______________________________
Question: ______________________________________________________________

4. Technique: _______________________________
Question: ______________________________________________________________

5. Technique: _______________________________
Question: ______________________________________________________________

6. Technique: _______________________________
Question: ______________________________________________________________

7. Technique: _______________________________
Question: ______________________________________________________________

8. Technique: _______________________________
Question: ______________________________________________________________

9. Technique: _______________________________
Question: ______________________________________________________________

10. Technique: _______________________________

Question: ______________________________________________________________

CDI 1 Printed Notes – Page 34

 TOPIC 5
Crime Scene Investigation (CSI)

Crime Scene Investigation is a comprehensive inquiry of a crime scene by conducting

systematic procedure of various investigative methodologies which involve recovery of
physical evidence and testimonial evidence for the purpose of identifying the witnesses, and
arrest of perpetrator(s) for prosecution. CSI shall technically commence upon the arrival of the
First Responders and conclude with the lifting on the security cordon and release of the crime
scene by the Investigator on Case (IOC), (PNP SOP, Number ODIDM – 2011 – 008, p.2)

As a general rule, all crime scene investigation must be done by the police station who
has the territorial jurisdiction of the crime incident unless otherwise specified by higher
authorities to be investigated by some other unit or agencies and must be recorded in the
official police blotter. Territorial jurisdiction means that the crime incident happened within the
area or place that a certain police station holds or covers.

In the process of investigation, the crime scene must be preserved as it contains the
essential ingredients surrounding the commission of the crime.

In what way are police officers be notified in the event that a crime happened?

In the event that a crime happens, it reaches the attention of the police through:

1. A concerned citizen who witnessed the crime incident;

2. An accidental discovery of some citizen; or
3. The action itself of the police officer in patrol.

Those who are in patrol are commonly regarded as the first responder as they are
those who are employed in the community with the end purpose of crime prevention. As part
of their duties, first responder must do the following:

1. Proceed to crime scene and validate information regarding the crime incident;
2. Record all relevant facts and the time of arrival at the crime scene;
3. Cordon the area, meaning isolate the place so that unauthorized persons cannot enter
the scene or the suspect cannot destroy the evidence;
4. Identify possible witness and do the preliminary interview if feasible;
5. Arrest suspect/s if they are around or recommend for the conduct of dragnet operation
which pertains to an operation conducted to seal off possible exits of the suspect/s;
6. Be ready to take dying declaration of injured person. A dying declaration is a statement
made by a person who is under the impending death in which such declaration is
related to the facts in which the person is competent to testify;
7. Evacuate wounded person and/or account killed, wounded or arrested person;
8. Conduct initial investigation and briefing of investigator-on-case (IOC) upon his arrival
at the scene; and
9. Conduct initial inventory of all possible evidence at the crime scene which must be
signed by him, the SOCO, and by the investigator.

CDI 1 Printed Notes – Page 35

 After such procedure, the investigating team will take full control of the crime scene
which includes the conduct of crime scene search, generating sketches as well as the taking
of photograph, lifting of fingerprints, marking and tagging as well as the collection of physical
evidence and the like. Investigating team refers to the group of police personnel charged with
the investigation and processing of the crime scene which includes but not limited to the
search, collection, marking, tagging, preservation, and transfer of evidence.

The investigating team is composed of the following:

a. The team leader;
b. Investigator;
c. Photographer;
d. Evidence custodian; and
e. Artist

Upon the takeover of the investigating team, they ensure that the investigative
procedures are followed such as:

1. Record the date and time of arrival as well as other important details in the crime scene;
2. Photograph and video of the crime scene;
3. Arrest of suspect/s if their identity is apparent; and
4. Separate possible witness to get their individual accounts.

It must be noted that the paramount concern of the investigating team should be the
preservation of human life. Investigator or any of the investigating team must be aware to
know what task should be given priority in the conduct of investigation.

CRIME SCENE PROCESSING

It is true that the investigating team must give priority to the human life, nevertheless,
they must exhaust whatever means to secure and preserve the crime scene for it contains all
the necessary ingredients for the prosecution of the case. As such, they must reconsider the
necessary steps in order to collect all available evidence and maintain the integrity of the crime
scene by remembering “MAC” rule which simply stands for:
▪ Mutilate – do not remove anything from the crime scene;
▪ Alter – do not change anything in the crime scene; and
▪ Contaminate – do not add anything to the crime scene

Golden Rule in Crime Scene Processing:

“Do not touch, alter, move, or transfer any object at the crime scene unless it is properly
marked, measured, sketched and/or photographed”

CDI 1 Printed Notes – Page 36

6 CRIME SCENE ACTIONS

1ST ACTION: ASSESSING

The assessment of the scene assists the investigator in making a decision on what to
do, when to do it, and what resources may be required. Assessment must be accomplished
before taking any action, but assessment is an on-going activity as well. The investigator is
constantly assessing the scene throughout processing.

2ND ACTION: OBSERVING

The most common activity involved in crime scene processing is observing. Critical
observation is the act of mentally registering the condition of the scene and artifacts found in
it. Observation is inclusive in assessing the scene but always precedes the other activities.
Observing by itself is a non-intrusive action, but it often leads to ad-hoc “search” behavior. In
the initial stages, observing is always conducted in a non-intrusive fashion. The investigator
consciously acts to only observe and not move or alter items in the scene as he/she observes
them.

3rd ACTION: DOCUMENTING

Crime scene documentation involves a variety of actions. These includes:
a. Creating written notes of observations
b. Obtaining photographs of the scene
c. Videotaping the scene
d. Creation of crime scene sketches

In processing the crime scene, investigating team must consider the proper taking of
photographs and the making of sketch. Photographs should depict the actual scenario of the
crime scene and portray the proper placement of the individual evidence. Moreover, all
individual evidences must be shown in the sketch with precise measurement. All those
procedures must be written in the investigator’s notebook. An investigator’s notebook refers
to the pad of paper such as work pad, tickler, or notepad and the like which is used to
remember the details regarding the commission of the crime and in any manner aids the
investigator in refreshing his memory to recall matters related to the case under investigation.

Photographing the Crime Scene

In taking the photograph, investigating team must consider the following angle/views
to properly appreciate the crime scene such as:

a. General View – these are taken outside of the crime scene purposely to show
location, direction, and the place of crime incident;
b. Medium View – these shots are taken to show the different divisions of the crime
scene as this view will allow investigators to clearly see the nature of the crime
committed;
c. Close-up View – these shots are done to individual evidence to show what
constitutes the crime and how it was committed.

CDI 1 Printed Notes – Page 37

 Further, gradual shots of an individual evidence may be taken from a standard position
in order to show the relationship of one evidence to another or how individual evidence is close
or far from one another. Technically, this is referred to as progressive photography which
include shots taken in long range, midrange, and/close range distance.

The following guidelines also in line with taking photographs must be noted by the
investigating team such as:
1. Take overall photos of the scene which include street signs, areas, streetlights location near
the crime scene, and any identifying objects;
2. Pictures of every room must be taken though they are not apparently connected to the
crime scene;
3. Photograph must be taken from at least 2 opposite corners but 4 corners is better;
4. If possible, take photos from above or ceiling to avoid the possibility of missing any
evidence; and
5. Keep a photo log during crime scene processing.

Sketching the Crime Scene

In line with sketch, the sketchers should be able to draw and portray the crime scene. The
same must remember the elements of the sketch which includes the following:
1. Title – this includes the basic information regarding the case such as the nature of the
crime, the time and date of crime incident, and the location of the crime
2. Measurement – this pertains to the dimension and the distance of the relative object to
one another
3. Essential items – these refers to the pieces of physical evidence found at the crime scene
4. Legend – this refers to the use of words or numbers to represent an item in the crime
scene
5. Compass direction – refers to the north direction from when the sketch was drawn
6. Scale of proportion – is the representation of the sketch to the actual size of the scene

In addition, the sketcher must also prepare a rough sketch and finished sketch. Rough
sketch is drawn by the sketcher at the crime scene containing all the necessary details
regarding the crime. Finished sketch on the other hand is drawn by the sketcher for court
presentation and is commonly done in the office. Remember to keep the rough sketch even
after the preparation of the finished sketch.

Sketcher must take note also the type of sketch that should be drawn such as:

1. Floor plan or “bird’s eye” view – a type of sketch drawn from above;
2. Elevation sketch – a type of sketch drawn to show the given side of an area;
3. Exploded view sketch – a type of sketch drawn to show the relationship or order of the
whole parts; and
4. Cross-projection sketch – a type of sketch wherein the ceiling and/or walls are flattened
all out in the ground.

In sketching a crime scene, floor plan or “bird’s eve” view sketch is commonly used.
However, in cases where some evidence was placed in the walls or ceiling, cross-projection
sketch is better.

CDI 1 Printed Notes – Page 38

 Additional guidelines on drawing the sketch includes the following:

1. Indicate the nature of the crime and the place of incident as well as the name of the
person who prepare and sketched it. For better understanding, use of capital letters and
numbers are highly suggested such that;
a. Capital letters – for basic parts or accessories of the place
b. Numbers – for individual evidence
2. Indicate the position, location, and how objects relate to one another;
3. Use standard symbol while sketching;
4. Use arrow to show the direction and stairways;
5. Be consistent with the units of measurement such as centimetre, inches, yard, meters,
feet, etc.

To aid the investigators in measuring individual evidence with respect to any other object/s
in the crime scene, the following methods should be considered and must be used based on
the physical characteristics of the crime scene:
1. Rectangular method – find fix post at a right angle to serve as the base;
2. Triangulation method – find two fix points to the evidence that must be plotted or located

4th ACTION: SEARCHING

The nature of crime scene searches is always intrusive, searchers may alter the
original condition of the scene. To properly search, the investigator must move through the
scene, move the items and examine all surfaces. Because of this, searches are accomplished
in stages. The initial observation is a form of visual search. True initial searches are done with
limited alteration of the scene to prevent disturbing any unobserved evidence. Later searches
are extremely intrusive, often requiring dismantling and movement of objects in the scene.

Methods of Search

This is the systematic procedure employed by the investigating team in order to

recognize, collect, and preserve the evidence or any object/s found in the crime scene that
has logical connection to the case. The investigating team should be careful in selecting the
best method of search that will correspond to the present crime scene.

The following methods may be employed based on the physical characteristics of the
place:
1. Strip Method
2. Double Strip Method
3. Spiral Method
4. Wheel Method
5. Zone Method

CDI 1 Printed Notes – Page 39

 5th ACTION: COLLECTING

Collecting evidence is a very intrusive action. Once collected, the context of the item
and scene are already disturbed. There is no undoing the act of collection. Unless there are
issues of fragile evidence, collection of evidence is accomplished only after all scene context
is documented. Different forms of collecting evidence result in different levels of alteration.
Extremely intrusive collection activities are always conducted last in the collection stage. Thus,
collection may be sequenced as well.

Marking, Collecting and Tagging of Evidence

After the search of an evidence, collection follows. However, any object/s found must
be properly marked, tagged, photographed, measured, and indicated in the sketch before its
actual collection. Marking of evidence refers to the process of identifying and recognizing any
objects in the crime scene by way of placing the letter symbol or number. Collecting the
evidence refers to the actual gathering and lifting of evidence from the crime scene to the
custody of the appropriate office. Tagging of evidence is the process of labelling the physical
evidence by way of placing the appropriate evidence tag containing the description of the item,
the date and the initial of the collecting officer.

6TH ACTION: ANALYZING/PROCESSING

This involves the evaluation, preservation and releasing of evidence:

a) Evaluation – refers to the process of assessing the significance of individual evidence that
should be subjected for further examination such as transmittal of firearm to crime laboratory
for ballistics examination or transmittal of electronic devices such as cellphones or laptops to
Anti-Cybercrime Group (ACG) for digital examination
b) Preservation – refers to the measures employed to maintain, protect, and safeguard the
original state of physical evidence from the time it was collected up until the time that it will be
released to appropriate personnel. It must be noted that it is the primary responsibility and
control in handling and disposal of evidence.
c) Releasing of evidence – refers to the discharge of individual evidence upon the order of the
court and/or prosecutor

Release of the Crime Scene

Release of the crime scene is defined as the discharge of the crime scene from the
custody of authorized law enforcement officer to the lawful occupant, owner, or any person
who is charged with the responsibility and management of the place where the crime
happened.

In releasing the crime scene, the following should be observed:

1. All physical evidence must be properly marked, tagged, and labelled;

2. Ensure that proper inventory of all items is done;

CDI 1 Printed Notes – Page 40

 3. Error should not be entertained as there is only one chance to process the crime
scene; and
4. Release of the crime scene only after final survey and proper documentation. Final
survey refers to the action taken by the investigating team to ensure that all items
have been gathered which includes the proper documentation of all circumstance
under which the physical evidence was collected.

Chain of Custody and Transmittal to Crime Laboratory

Chain of custody is defined as the transfer of evidence from one person who holds
supervision or care of such evidence to another person from the time it was gathered at the
crime scene up to the time it will be presented in court. It includes the list of all personnel who
handled the evidence from the collection until court presentation.

All physical and/or seized evidences must be in the custody of the investigator unless
a laboratory examination is needed, thereby he will transmit the evidence to the evidence
custodian only and must be placed in the evidence room for safekeeping. Safekeeping refers
to the security or protection of physical evidence.

In addition, the following should be noted in adherence to the standard procedures in

maintaining the chain of custody such as:

1. Proper recording of areas or location from which evidence was gathered;

2. Proper marking of evidence for accurate identification; and
3. Completing the evidence submission form for laboratory analysis.

For proper documentation, an evidence log should be maintained. Evidence log is any
material upon which the writing or note taking is done to keep and maintain the record and
disposal of evidence. This will guide investigators as to who are the persons who handle and
possess whatever physical evidence are transmitted.

CDI 1 Printed Notes – Page 41

NAME: ___________________________________________ YR & SECTION: _____________

ASSESSMENT No. 5
CSI Flow Chart

Directions: Review the topic discussed then illustrate your own CSI flow chart on the space
given below.

CDI 1 Printed Notes – Page 42

 TOPIC 6
Instrumentation

While extracting information from various sources plays an important role in line with
investigation, physical evidence will also aid the progress of investigation as they serve as a
corroborative evidence in establishing, identifying, locating, or even in the prosecuting the
offender. This is where forensic experts come in the scene. Forensic experts refer to those
individual capable of utilizing forensic science in elucidating crime commission. They are the
only person who is allowed by law to express their opinion regarding a certain event or
phenomena as their expertise can enlighten the minds of the listener and viewer in the court
of law (expert witness).

Forensic science refers to the application of the principle of various sciences to provide
answers to legal questions. It includes, but not limited to, ballistics, questioned document,
odontology, forensic medicine, pathology, toxicology, and serology. Criminalistics is defined
as the examination, evaluation and providing of explanation to all physical evidence collected
at the crime scene. Criminalistics is only part of forensic science. These include fingerprints,
blood and blood stains, drug, hairs, semen stains, or firearm and tool marks. Instrumentation
refers to the use of instruments or apparatuses in crime detection. This involves the use of
bullet comparison microscope, fingerprint comparator, video-spectral microscope, etc.

➢ Forensic Ballistics – deals with the study of firearm to establish its identity through
ammunition fired through them.
➢ Questioned Document – refers to any material whereby the origin of the document or
the identity of the author is unknown.
➢ Forensic Odontology – pertains to the application of dental knowledge to legal
investigation both in criminal and civil aspects.
➢ Forensic Photography – is one field in the forensic science that can be linked to all other
sciences as it touches them mostly considering that all physical or even microscopic
evidence are best preserved with the aid of photography.
➢ Forensic Toxicology – refers to the study of chemicals and its adverse effects in the
human body to aid in the medical and legal aspect of death investigation.
➢ Anthropometry – refers to the system of body measurement
➢ Forensic Medicine – is a branch of medicine that deals with the application of medical
knowledge to establish facts surrounding the causes, manner, and time of death of the
person.
➢ Polygraphy – it is the scientific method of detecting deception done with the aid of a
polygraph machine.

CDI 1 Printed Notes – Page 43

NAME: ___________________________________________ YR & SECTION: _____________

ASSESSMENT No. 6
Instrumentation Procedures

Directions: Search for the procedure on how to collect the physical evidence assigned to
you and write the procedures below. Prepare for a recitation in the next face-to-face class
since the representative from your group will be randomly called by your instructor for the
demonstration.

Procedures on Collecting _________________________ from the Crime Scene:

_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
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_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
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_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

CDI 1 Printed Notes – Page 44

 TOPIC 7
Arrest, Search and Seizure

Arrest is referred to as the taking of person suspected to have committed an act to

which the law defines it as a crime into the custody of any law enforcement agencies who has
the authority to do so in order to answer queries in line with matters concerning the commission
of the crime. Legally, the Rules of Court (Section 1, Rule 113) define arrest as the taking of
person into the custody of law in order that he may bound to answer for the commission of
offense.

Warrant of Arrest is defined as a document from court ordering and directing any law
enforcer to apprehend and detain any person whose name will appear in the warrant for him
to answer matters regarding the commission of a crime. Any person suspected to have
committed a crime can only be lawfully arrested after securing a warrant.

However, a person can also be lawfully arrested by virtue of warrantless arrest. Arrest
without warrant is possible provided that either of the following circumstances is present:

a. In Flagrante Delicto – the person to be arrested is about to commit, actually committing,

or have just committed an act to which the law defines it as a crime in the presence of
the person who will make the arrest
b. Hot Pursuit – the person to be arrested have committed an act to which the law defines
it as a crime and the person making the arrest have probable cause that the same
person is probably guilty of a crime. Probable cause simply means as a reasonable
bases to establish a well-found belief that the person may have committed an act to
which the law defines it as a crime
c. Escapee – the person to be arrested is one who escaped from penal confinement

Furthermore, inquest proceeding will be done if the person was arrested without the
benefit of the warrant. This is conducted to ensure that the arrest made is legal and in
accordance with the law. Inquest is defined as the informal and summary investigation
conducted by public prosecutor in a criminal case involving persons arrested without the
benefit of a warrant to determine if the person so arrested should remain under custody and
be charged accordingly.

Rules in Making Arrest

In making arrest, the Rules of Court provides the following guidelines such that:
1. It should be made by an actual restraint of a person to be arrested or,
2. By submission of the person to be arrested to the custody of any person making the
arrest.

It must be noted that in the event of arresting the suspect allegedly to have committed a crime,
the person making the arrest should observe:
1. Not to use any unnecessary force and
2. Use only the force necessary to arrest the person

CDI 1 Printed Notes – Page 45

 Any form of violence is not allowed also, since it may cause the physical evidence to
be incompetent and therefore, inadmissible as evidence during court presentation.

Execution of Warrant

After a warrant has been issued by the honourable court, any law enforcer directed to
cause its execution shall exhaust all the remedies to arrest the person whose name appears
in the warrant. Execution of a warrant simply means as carrying out the duty to find the person
whose name was written in the warrant and cause his arrest and detention.

In executing the warrant, the following should be observed:

1. A warrant can be executed either during the day or night;

2. The person making the arrest shall inform the person to be arrested that a warrant has
been issued for his arrest; and
3. It must be executed within 10 days from the moment it was received;

However, the person making the arrest shall proceed with the arrest of the person even
without informing him of the cause of arrest or that a warrant was issued for him to be arrested
provided that either of the following is present:

1. The person flees;

2. The person forcibly resisted; or
3. It will hamper successful arrest of the person.

Moreover, if the person whose name appeared in the warrant cannot be located or
traced within 10 working days upon its receipt, the law enforcer's task to execute the warrant
shall make a report to the judge who issue the same, explaining the reason/s for the failure to
arrest the person within the time given by the court.

CUSTODIAL INVESTIGATION AND DETENTION

Custodial investigation is the issuance of an invitation to the person suspected to have

committed a crime who at the same time is brought before the custody of law in order to
answer matters regarding the commission of a crime without jeopardy to the liability of the
person for any violations he may commit. On the other hand, custodial investigation report is
the document prepared by the investigating officer during the investigation process containing
all necessary information about the confession of the person brought before the custody of
law.

Any person arrested and brought before the custody of the law is presumed innocent
until proven to be guilty. Thus, a person has the same right as any ordinary individual in order
to protect the interest of an ordinary individual as well as prevent any abuses from law
enforcers. These rights must be observed as any violations may result to the dismissal of the
case. *Ernesto Miranda vs. the State of Arizona

CDI 1 Printed Notes – Page 46

 In the Philippines, the right of the person arrested is originally defined under the Bill of
Rights of the 1987 Philippine Constitution (Section 12, Article III) such that any person lawfully
arrested and under investigation for the commission of a crime shall have the following rights:
1. Right to remain silent;
2. Right to have independent and competent counsel, preferably of his own choice;
and
3. Right to know the nature and the cause of accusation

In addition to the above rights, the state enacted the statutory law Republic Act 7438
which provides further the process of obtaining a confession to any person detained or under
custodial such that:

1. The person detained or under custodial investigation shall be assisted by a counsel

at all times;
2. The recital of his rights shall be in the dialect known and understood by the person
detained or under custodial investigation; and
3. The custodial investigation report shall be reduced into writing by the investigating
officer and must explained to him by his counsel before it will be signed by the
same.

In like manner, any extrajudicial confession made by the person arrested or detained
shall be in writing and signed in the presence of his counsel.

Arbitrary Detention

Arbitrary detention (Title II, Book 2 of the RPC) is a crime against the fundamental law
of the state, committed by any public officer or employee in any of the following:
1. Detention of any person without legal grounds (Article 124);
2. Delay in the delivery of detained person to the proper judicial authority (Article 125);
and
3. Delaying release (Article 126)

In relation to arrest, any person arrested without the benefit of a warrant (warrantless
arrest) shall be released subject to the gravity of the offense he is suspected to have
committed such that:
1. 12 hours, if the person committed a light felony;
2. 18 hours, if the person committed a less grave felony; and
3. 36 hours, if the person committed a grave felony.

Any police officer who will not observe or fail to observe the following number of hours
shall be charged for arbitrary detention under article 125 of the Revised Penal Code.

CDI 1 Printed Notes – Page 47

NAME: ___________________________________________ YR & SECTION: _____________

ASSESSMENT No. 7
Arrest Procedures

Directions: Search for the procedure on how to conduct arrest and write the procedures
below. Prepare for a demonstration in the next face-to-face class.

Procedures of Conducting Arrest:

_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
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_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

CDI 1 Printed Notes – Page 48

 SEARCH AND SEIZURE

Search is a form of government invasion to the person’s freedom to privacy. A seizure

is the confiscation of the property or any material usually the fruit of the crime or product of
illegal activities to serve as an evidence in the legal proceeding.

A search warrant is legally defined under the Rules of Court (Section 1, Rule 126) as
an order in writing issued in the name of the People of the Philippines, signed by the judge
and directed to a peace officer, commanding him to search for personal property described
therein and bring it before the court.

Application and Issuance of Search Warrant

Any police officer can request for the issuance of a warrant provided that there is a
probable cause as a strong basis for its issuance. Any police officer can secure the warrant
from:
1. The court has the territorial jurisdiction of the crime;
2. For compelling reason, any court within the judicial region where the crime was committed
if the place of the commission of the crime is known; or
3. Any court within the judicial region where the warrant shall be enforced.

However, if that has been filed already, the application shall be made in the court where
the criminal action is pending.

Who shall issue the warrant?

It is the judge who will issue the warrant after questioning the complainant under oath
and in writing to include the possible witnesses who may be presented. The place to be
searched must be described together with the properties to be seized. The sworn statement
shall be recorded together with the affidavit.

The search warrant shall be issued for the search and seizure of the personal property
which includes the following:
1. Subject of the offense;
2. Stolen or embezzled and other proceeds, or fruits of the offense; or
3. Used or intended to be used as the means of committing an offense.

Can the judge issue a general search?

No, search warrant must specify the items to be searched and seized, and such items
must have a connection to the case under investigation.

Execution of Search Warrant

In the execution of the search warrant, the person must identify himself and his
purpose. If he will not be admitted to the place directed to the search, then he may break any
part of the house either:

CDI 1 Printed Notes – Page 49

1. To execute the warrant or
2. To liberate himself or any person lawfully aiding him when unlawfully detained

The warrant shall be valid only for ten (10) days from the date of its issuance and no
search shall be made except:

1. Lawfully occupant is present

2. Any member of his family; or
3. Presence of at least two witnesses of sufficient age and discretion residing in the same
locality.

In general, all search shall be made during daytime unless specified to be served at
any time of thw day or night. Thereafter, the officer seizing the property shall give a detailed
receipt to the lawful occupant, in the presence of at least two witnesses of sufficient age and
discretion residing in the same locality.

The officer making the search and seizure shall deliver the property to the court who
issue the warrant together with the inventory of seized items under oath. If after ten (10) days
the warrant was not returned, the issuing judge shall summon the person to whom the warrant
was issued and allow him to explain why no return was made.

The return of the search warrant shall be filed and kept by the custodian of the logbook
on search warrant who shall enter therein the following:
1. Date of return;
2. Result of the search; and
3. Action of the judge

Warrantless Search

Warrantless search is defined as the search and seizure of personal property based
on probable cause made by a police officer without a warrant. The following are examples of
warrantless search and seizure:

a) Search Incidental to Lawful Arrest

➢ It is done by any police officer upon a valid arrest.

b) Seizure in Plain View

➢ It is the confiscation of embezzled or stolen property or where the property is an evidence
of a crime or will be used in committing an offense in the presence of a police officer in
plain view.

c) Stop and Frisk Rule

➢ It refers to the brief stopping of an individual made by the police officer based on
reasonable suspicion among person suspected to commit a crime or in possession of
dangerous weapon.

CDI 1 Printed Notes – Page 50

d) Consented Warrantless Search
➢ It is a search conducted upon the voluntary consent given by the person exercising
authority over the property or by the rightful owner.

e) Search of Moving Vehicle

➢ Law enforcement officers are limited only to visual search. It means that neither the vehicle
should be completely searched nor the person should be bodily searched. The extensive
search and seizure of a vehicle stopped will only be constitutionally valid if it will be done
by police officers who had probable cause to believe that the driver is a law violator, his
vehicle contains some evidence of a crime or is suspected to commit a crime.

f) Tipped Information Search

➢ It refers to the information provided by an informant or any person regarding the
commission of an offense relayed through cellphone, radio or telephone to the police who
will cause his arrest can search and seize personal property of the person so described.

Liabilities Related to Search and Seizure

a) Perjury
❖ It is a crime defined under Article 183 of the RPC committed by any person who shall
make any untruthful statement and testify under oath, or make an affidavit upon any
material before a competent person authorized to administer an oath.

b) Contempt of Court
❖ This shall be charged upon any police officer who fails to deliver property and inventory
to the court who issue the warrant as provided under Section 6, Rule 126, Revised
Rules of Court specifically to police officer to whom the warrant was issued or he fails
to provide a valid explanation when requested to do so.

c) Violation of Domicile
❖ It is a crime defined under Article 128 of the RPC, committed by public officer or
employee who is not authorized by juridical order, shall enter a dwelling against the
will of the owner and effect a search without the consent of the same.

d) Petition for Certiorari

❖ If the judge acted with grave abuse of discretion and issued a warrant without the
existence of probable cause, Rule 65 of the Rules of Court shall be applied. The person
aggrieved may file a Petition for Certiorari.

CDI 1 Printed Notes – Page 51

 REFERENCES

• Negosa, Hademar Joey M. et.al. (2019) Fundamentals of Criminal Investigation

and Intelligence (First Edition). Rex Book Store
• Vicente, Jezreel B. et.al. (2016) Fundamentals of Criminal Investigation
(Second Edition). Wiseman’s Books of Trading
• Castillo, Rodolfo V. Jr. et.al. (2013) Police Intelligence and Secret Service.
Katha Publishing Co., Inc.
• PNP Criminal Investigation Manual (2011)
• CMO No. 5, series of 2018

CDI 1 Printed Notes – Page 52