Lesson 3 Cdi 11
Lesson 3 Cdi 11
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. Police station moreover refers to the office of local police that has a jurisdiction within the area and
exercises control over the community and persons movement by enforcing the laws necessary for the maintenance of
peace and order. The same is responsible in providing immediate response to the community as the need arises.
Crime incident differs from crime scene such that crime scene again refers to the place where crime took place and
where physical evidence can be found while crime incident refers to the occurrence of a certain crime.
In the process of investigation, crime scene must be preserved as it contains the essential ingredients
surrounding the commission of the crime. On the other hand, crime incident must be established as it will guide
investigators in filing the proper charge.
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. Record the date and time of arrival as well as all 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.
Further, whatever the situation in the crime scene might, it must be noted that the paramount concern of the
investigating team should be the preservation of human life. Investigator or any of the investing team must be aware to
know what should be given priority in the conduct of investigation.
Lesson Objectives:
1. discuss what is crime scene and its process;
2. discus the method of research;
3. explain the purpose of the marking, tagging, and collection of evidence;
4. discuss the importance of photographing the crime scene;
5. discuss the rules in sketching crime scene;
6. illustrate the process of evaluating, preserving, and releasing of evidence;
7. explain the proper chain of custody and transmittal to crime laboratory; and
8. Illustrate the proper releasing of the crime scene.
CRIME SCENE INVESTIGATION- It is the conduct of processes, more particularly, the recognition, search,
collection, handling, preservation and documentation of physical evidence to include the identification andinterview of
witnesses and the arrest of suspect/s at the crime scene.
SOCO (Scene of the Crime Operation) – Republic Act6975 as Amended by Republic Act 8551(PNP Law). The former law
placed the Philippine National Police Crime Laboratory as an Operational Support Unit. The Crime Laboratory
established the so-called Scene of the Crime Operation (SOCO) which is field operation. This is now an innovation
because the SOCO now gathers all evidence at the crime scene and takes custody of them, marking and tagging them
which otherwise the duty of the criminal investigator before.
Crime is unique with respect to one another which means that the search for an individual object should be present in
the area. Therefore, investigating team should be careful in selecting the best method of search that will correspond to
the present crime scene.
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 stand for:
a. Crime scene can be understood to include all areas in which the criminal, any possible victim and any eyewitness
move during the time the crime was committed.
b. The boundaries must be established so that the entire crime scene can be effectively preserved.
c. In some crimes, however, the crime scene may actually comprise several different sites.
“GOLDEN RULE AT CRIME SCENE INVESTIGATION Never touch, move, or alter any object at the crime scene
unless it has been photographed, measured, and sketched from any conceivable angle”.
UPON RECEIPT OF THE CRIME INCIDENT
1. The Desk Officer shall:
a. a. Record the date and time the report/complaint was made, the identity of the person who made the report,
place of the incident and a synopsis of the incident.
b. Inform his superior officer or the duty officer regarding the report.
2. The First Responder shall:
a. Cordon off the crime scene with whatever available materials like ropes, straws, human barricade, police line,
etc.;
b. b. Evacuate injured persons to the nearest hospital;
c. c. Prepare to take the “dying declaration” of severely injured person, if any;
d. d. Prevent entry/exit of persons within the cordoned area; and
e. e. Prepare to brief the investigator of the situation upon their arrival.
CRIME SCENE INVESTIGATION PROPER
What Constitute a Crime Scene?
a. Crime scene can be understood to include all areas in which the criminal, any possible victim and any eyewitness
move during the time the crime was committed.
b. The boundaries must be established so that the entire crime scene can be effectively preserved.
In some crimes, however, the crime scene may actually comprise several different sites.
A. Receipt of Briefing and Designation of Command Post
Command Post – an area which, is ideally located adjacent to the Crime Scene where the CSI Evidence Custodian stays
and receives the pieces of evidence turned over to him for safekeeping by the other evidence collectors.
B. Initiation of Preliminary Survey (Team Leader of CSI or SOCO)
a. Makes a general assessment of the scene;
b. Takes a cautious walk- through of the crime scene;
c. Takes down extensive note to document important factors;
d. Establishes the evidence most likely to be encountered;
e. Defines the extent of the search area;
f. Determines the personnel and equipment needed and makes specific assignments; and
g. From his assessments, he develops a general theory of the crime scene.
Methods of Search
Method of Search is defined as the systematic procedure employed by the investigating that has a logical connection to
the case.
In the conduct of crime scene search, the following methods may be employed based on the physical
characteristics of the place such as strip method, double strip method, spiral search method, zone search method and
wheel search method.
METHODS OF SEARCH
a. Strip or Line Search Method – the searchers will proceed at the same pace along the path parallel to one side of
the rectangle.
b. Double Strip or Grid Method – is a combination of the strip search and is useful for large crime scene.
c. Spiral or Circular Method – the searchers will follow each other in the path of a spiral, beginning in the outside
and spiralling towards the center or vice versa in a clockwise or counter clock-wise direction.
d. Quadrant of Zone Method – the area to be searched is divided into four quadrants and each searcher is
assigned to one quadrant.
e. Wheel, Radial or Spoke Method – is applicable for area which is considered to be approximately circular or oval.
The area is then divided into six quadrants in a pie-like fashion.
Marking, Tagging and Collection of Evidence
After the search of 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.
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.
Collection of evidence refers to the actual gathering and lifting of evidence from the crime scene to the custody
of the appropriate office.
Photographing the Crime Scene
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
these 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.
In taking of photograph, investigating team must consider the following angle/views to properly appreciate the
crime scene such as:
1.General View - these are taken outside of the crime scene purposely to show location, direction, and the place
of crime incident;
2.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;
3.Close-up View -these shots are done to individual evidence to show what constitutes the crime and how it was
committed.
Further, gradual shots of 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 includes shots taken in long range, midrange, and/or 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. METHODS OF SEARCH
4. a. Strip or Line Search Method –
the searchers will proceed at the same
pace along
5. the path parallel to one side of the
rectangle.
6. b. Double Strip or Grid Method –
is a combination of the strip search
and is useful for
7. large crime scene.
8. c. Spiral or Circular Method – the
searchers will follow each other in the
path of a
9. spiral, beginning in the outside and
spiraling towards the center or vice
versa in a
10. clockwise or counter clock-wise
direction.
11. d. Quadrant of Zone Method – the
area to be searched is divided into
four quadrants
12. and each searcher is assigned to
one quadrant.
13. e. Wheel, Radial or Spoke Method
– is applicable for area which is
considered to be
14. approximately circular or oval.
The area is then divided into six
quadrants in a pie-
15. like fashion
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 artist 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 artist must also prepare a rough sketch and finished sketch. Rough sketch is drawn by the artist at the
crime scene containing all the necessary details regarding the crime. Finished sketch on the other hand is drawn by the
artist 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 shot 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 drawing a crime scene, floor plan or bird’s eye view sketch is commonly used. However,in cases where some
evidence was placed in the walls or ceiling (example: Dress was thrown and hang on the ceiling fan) cross-projection
sketch is better.
An additional guideline 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
drew 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; and
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.
Evaluation, Preservation, and Releasing of Evidence
Evaluation of evidence 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 cell phones or laptops to Anti-Cybercrime Group (ACG) for digital examination.
Preservation of evidence refers to the measures employed in order 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 of the investigator to preserve the evidence until it will
be transferred to the hands of the evidence custodian. Take note that evidence custodian is te person who take charge
with the responsibility and control in handling and disposal of evidence.
Releasing of evidence on the other hand refers to the discharge of individual evidence upon the order of the
curt and/or prosecutor.
Chain of custody in every crime investigation should be maintained at all cost as any inconsistencies in the
handling of evidence may result to the incompetency of the same resulting to its inadmissibility during court
presentation.
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 collection until court presentation.
As part of the procedure, 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 simply 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:
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.
Lesson Objectives:
1. discuss the purpose of reconstructing the crime;
2. explain how perpetrators commit crime; and
3. discuss the ways of establishing the identity of the suspect.
Crime scene reconstruction is one of the most difficult and tiring job of investigators as this involves the process
as to how perpetrator commits the crime. Crime scene reconstruction is defined as the scientific ability of investigators
to make useful observations of physical evidence in the crime scene through a logical approach in theorizing as to how
the crime was committed. This also involves systematic methodology in incorporating all available information gathered
as well as the arrangement of physical evidence in the crime scene to provide arational, reasonable, and acceptable
explanation as to how the crime was committed.
To properly reconstruct the crime, the following stages should be observed to arrive at a more convincing explanation as
to how the crime was committed:
1. Appreciation - is the process of recognizing the potential physical evidence that has or may have evidential value
and separate it from those items which are not significant in the progress of the investigation;
2. Comparison -is the process of comparing groups of standards from the one collected at the crime scene to
establish its identity;
3. Individualization - this involves the process of establishing the uniqueness of the physical evidence taken from
the crime scene; and
4. Reconstruction - is the final stage undertaken in order to fully reconstruct the crime considering all related
factors such as crime scene evaluation, laboratory results, individuality of physical evidence and other independent-
information from various sources to provide better understanding and explanation as to how the crime was committed.
It must also be noted however, that crime scene reconstruction is different from crime scene reenactment and
crime scene recreation such that, crime scene reenactments the process of reenacting and portraying the crime incident
based on their previous knowledge regarding the event by having the offender, victim or witness to play such role while
crime scene recreation is the process of substituting all necessary items or actions at the crime scene through the use of
what is documented or with the aid of investigators log.
One important means in order to aid the investigators in reconstructing the crime is through the establishment
of the perpetrator's modus operandi. Modus operandi refers to the manner and methods employed or used as well as
the sequence of various actions taken by the perpetrator in committing the crime. It is otherwise known as the method
of operation.
On the other hand, profiling of suspects can be very useful in determining the identity of possible individual who
may have committed the crime. Profiling is defined as the psychological process of establishing the characteristics of the
most likely individual who might have committed the crime based on the evaluation of the crime scene and the
placement of physical evidence.
In identifying suspects, rogues gallery can also be very helpful. Rogues gallery refers to the compilations of
photographs of known criminals. If someone had witnessed or seen the suspects face, cartographic sketch can be done.
Cartographic sketch refers to the composite drawing of a suspect's face done by an artist to assist police investigators in
establishing the identity of the person who might have committed the crime.
Lesson 4.1:Arrest
Lesson Objectives:
1. discuss how the person is brought into the custody of law;
2. explain the purpose of warrant of arrest;
3. differentiate arrest with warrant and warrantless arrest; and
4. Discuss the rules In making arrest and how warrant of arrest is executed.
The conduct of investigation is nothing without arresting the perpetrator of the crime. Arest 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 crie.
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
In the course of investigation, if the identity of the person suspected to have committed a crime was already
established and the evidence of guilt pointing him/her as the perpetrator of the crime is strong, then investigators
should secure a warrant in order to arrest the person.
Warrant of Arrest is defined as a document from court ordering and directing any law enfrcer 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. Warrantless arrest is defined as the
arrest made by any law enforcer without the benefit of a warrant. Arrest without a warrant is possible provided that
either of the following circumstance is present:
1. That 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
2. That 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-founded belief that the person may have committed an act to which the
law defines it as a crime (Hot Pursuit); and
3. That the person to be arrested is one who escaped from penal confinement (Escapee).
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 involving
persons arrested without the benefit of a warrant to determine if the person so arrested should remain under custody
and be charged accordingly.
Lesson Objectives:
1. enumerate the rights of the person under custodial investigation and
2. Discuss the effects if these rights are violated.
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.
These rights provided by the state was originally founded in the case of Ernesto Miranda vs. the State of Arizona
such that the Court dropped his conviction for kidnapping and rape for failure of police officers conducting the
investigation to inform and recite his legal rights prior to confession during custodial investigation.
In 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. 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. Take note, extra judicial confession is a confession made by an arrested or detained person
while under the custody of law and is done outside the court.
Moreover, 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 officer during the investigation
process containing all necessary information about the confession of the person brought before the custody of law.
Arbitrary Detention
Arbitrary detention (Title Il, Book 2, Act 3815) is a crime against the fundamental law of the state, committed by
any public officer or employee in any of the following:
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.
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.
Lesson Objectives:
Lesson Objectives:
1. discuss the relevance of interrogation and
2. differentiate interrogation from interview.
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.
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.
As discussed in the previous chapter, the subject here must be appraised of his constitutional rights as any confession
made without such appraisal will be inadmissible as evidence in court.
Interrogation Techniques
Interrogation technique 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. Strong approach - interrogator projects a hostile personality toward the subject to create anxiety and fear in
order to confess.
2. Friendly approach - interrogator manifests a sign of friendliness and offer help toward the subject.
Lesson Objectives:
1. differentiate confession from admission and
2. explain the effect of confession in the criminal investigation.
The main objective of interrogation is to obtain confession from the subject. Confession is defined as the direct
acknowledgement of the suspect with respect to his participation concerning the commission of a crime. As opposed to
admission, which is defined as the acknowledgement only of some elements of the crime and is not tantamount to
confession.
In order for a confession to become valid, the following requirements must confer such that:
1. The person making the confession must be appraised 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 be taken handwriting sample or doing a line up for sobriety
test;
3. Field questioning or in the crime scene;
4. Roadside questioning or any traffic stops; or
5. Any other minor violations.
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 fr a particular purpose.
Sources of Information
Source of information 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 source 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.
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 government agencies or any of its instrumentality.
b. Private source - these sources of information are usually taken from different prvate 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 phrase in the different search engine.
Types and Motives of Informant
Technically, the term informant refers to any person who possesses knowledge regarding crime, consideration.
It is usually used interchangeably with the term informer. However, the term informer refers most specifically to those
persons who are recruited or hired and paid in a regular basis just to provide information.
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 bases.
4. Frightened Informants- 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.
8. Women-these are the most dangerous and difficult 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 prevously done.
7. Revenge-vengeance or retaliation is the sole purpose of the person in providing information to the police.
8. Vanity-the person wants to gain favorable attention and importance from the police.
Legal Limitations in Obtaining Information
The power given by the state to police officers in gathering information is so huge that it may be prone to abuse.
To protect the privacy of an individual citizen, the law prohibits certainpolice actions such as the following:
1. Republic Act 4200 (Anti-Wiretapping). Under this law, the following acts are prohibited:
a. Tapping any wire or cable;
b. Using any other device or arrangement;
c. To secretly overhear, intercept,or record;
d. Private communication/conversation or spoken word; or
e. Without the knowledge or consent of all the parties.
2. Republic Act 10173 (Data Privacy Act). Under this law, the following acts are prohibited:
a. Unauthorized processing of personal information;
b. Accessing personal information due to negligence;
C. Improper disposal of personal information;
d. Processing of personal information for unauthorized purposes;
e. Unauthorized access.or intentional breach;
f. Malicious disclosure; and
g. Unauthorized disclosure.
Take note, under the same law RA 10173, it defines personal information as any information reasonably and
directly ascertained by the entity holding the information, or when put together with other.
Undercover operation is very vital in criminal investigation. This serves as their arm in information gathering or
even in the capture of suspects.
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.
Undercover operation is otherwise known as roping although most of the time it refers to the surveillance of
certain activities or events.
In police work, undercover operation is done in order to acquire necessary inputs from a particular person or
place that might possess valuable information. It also assisted the investigation in apprehending law violators.
Talking about cover, it could either be artificial or multiple type of cover.
Artificial cover is done if the undercover agent is modifying his identity based on the current operation or as the
case may require while the multiple cover involves the use of different cover that will fit to a given situation.
As to assignment, it could either be residential, social or work assignment.
Residential assignment involves the employment of undercover agents in an area where the subject lives.
Social assignment on the other hand is the employment of undercover agent in the hangout places or areas
where the subject frequents for fun and entertainment. Lastly, work assignment is employment of undercover agents in
areas where the subject works.
In addition, undercover operation is composed of the following elements, namely: the head; target; and agent.
The Head is the person who directs the organization conducting the undercover operation.
The target pertains to any person, place or things against which the undercover operation is to be conducted
while the agent refers to a person who conducts the clandestine activity. This could either 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 a syndicate.
When gathering information, be sure that you are good in elicitation.
Elicitation is a form of extracting information done through an interview with the person who might possess
valuable information concerning a person, event, organization or place without his knowledge or suspicion.
In elicitation, be sure to have a good approach and a proper probing technique.
Approach pertains to the manner as to how you will start talking while Probe refers to the manner how will you
keep the person talk.
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:
1. Dead Drop -the agent merely leaves the message.
2. 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. that if you play the part of a fisherman then act like a fisherman and have a 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 (to be
discussed in the next lesson).
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.
Lesson 6.6:Surveillance
Lesson Objectives:
1. discuss the principle of surveillance;
2. generate procedure in line with the conduct of surveillance;
3.explain the different types of surveillance and their usage; and
4.apply the types and methods of how surveillance is conducted.
In collecting additional information about the person or some places that is necessary in the conduct of
investigation, surveillance may be conducted.
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.
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 surveilant
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.