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Lesson 3 Cdi 11

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Lesson 3 Cdi 11

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e22105451
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© © All Rights Reserved
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CHAPTER 3: CRIME SCENE INVESTIGATION AND RECONSTRUCTION

Lesson 3.1: Procedures in Criminal Investigation


Lesson Objectives:
1. Discuss the procedures in criminal investigation;
2. Explain the process how the crime reaches the attention of the police;
3. Explain the responsibility of first responder upon reaching the crime scene;
4. Discuss the job of the investigating team; and
5. Discuss the basic priorities in criminal investigation.

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. Proceed to crime scene and validate information regarding 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 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.
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.

Further, investigating team is composed of the following:

1. The team leader;


2. Investigator;
3. Photographer,
4. Evidence custodian; and
5. 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 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 3.2: Crime Scene Processing

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:

1. Mutilate - meaning do not remove anything from the crime scene;


2. Alter- do not change anything in the crime scene; and
3. Contaminate - do not add anything to the crime scene.
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.
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 and Transmittal to Crime Laboratory

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:

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.

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;
3. Error should not be entertained as there is only one chance to process the crime scene;. and
4. Release 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 circumstances under which the physical evidence was collected.

Lesson 3.3.1: Reconstruction

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.

Modus Operandi and Profiling of Suspect

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.

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.
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 honorable 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 eitherof 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 task to execute the warrant shall make a report to the judge who issues the same,
explaining the reason/s for the failure to arrest the person within the time given by the court.

Lesson 4.2: Custodial Investigation and Detention

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. 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 against the person accused.
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. 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:

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 (warrantlss arrest) shal 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.

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 5.1: Investigative Interview

Lesson Objectives:

1. discuss the characteristics of a productive interview and


2. Explain the rules in the conduct of interview.
In order to attain a productive investigation, investigators must be knowledgeable and skilled in gathering
information.
Information is any data gathered in the course of investigation which will serve as a foundation in solving the
case. One way of gathering information is done through a successful interview of witnesses, complainants or victims,
and interrogation of suspects or any person accused of a crime. Normally, however, investigator starts conducting field
inquiry towards any individual upon his arrival at the crime scene.
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.
Take note that interview differs from interrogation such that interview is a form of questioning among person
who have knowledge regarding the commission of a crime while 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. Also, interview is commonly done among witnesses, complainants and victims of the crime while interrogation is
usually done among person suspected to have committed a crime or those hostile witnesses. Take note that this are
those witnesses 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.
Characteristics of Productive Interviewer
The capacity to gather information relies heavily on the skills and competency of the investigators. Take note
that the 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 a 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.
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 preparationin 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;
2. Build rapport-this means that the investigator needs to communicate properly and bring the
interviewee to attention in establishig a good communication in order to proceed with cognitive interview. Take note
that rapportrefers to the good relationship established between 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 allowthe 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 t give justification for his presence or absence in a certain situation
which has a logical connection to the case.

Lesson 5.2: Interrogation

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 5.3: Confession and Admission

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.

LESSON 6.1: INFORMANT


Lesson Objectives:
1. differentiate information in technical and legal perspective;
2. identify the possible sources of information; and
3.discuss the types and motives of informant.
The term information was consistently mentioned in the previous chapters. Technically, it 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 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.

Lesson 6.2: The Characteristics and Context of Intelligence


Lesson Objectives:
1. explain the context of intelligence;
2. discuss the characteristics and scope of intelligence; and
3. apply the principle covered by intelligence.
In line with the intention of successful criminal investigation, intelligence is at par one requirement that needs to
be satisfied and be given attention. Even in history, intelligence plays an important role in the success of every war. In
like manner, the success of every war demonstrates and shows how information was gathered and collected correctly
and precisely.
In modern times, 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, and 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.
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 vary depending on the
purpose and occasion.
7. Intelligence requires continuous security measures
Take note to deny unauthorized disclosure or relevant information to enemy. as well as provide protection in handling
classified materials.
Scope of Intelligence
Intelligence also covers a wide range of areas in its application. It might be a network of information concerning
national policy and national security which is known as National intelligence. It could also be collected, analyzed,
collated and evaluated information concerning criminal investigation, criminal syndicate, organized crimes, and other
police problems which are known as Police intelligence. Those information regarding military activities which is at the
same time essential to the different military operations is known as Military intelligence.
Departmental intelligence refers to information needed by all the department agencies in the execution of
government plans and programs.
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 crimes 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.
Public Safety Intelligence (PUSINT) which refers to the knowledge essential in ensuring the protection of lives
and properties.
As to the typology of police intelligence, it could either be strategic intelligence or line intelligence. This pertains
whether an intelligence value is designed for future or immediate use.
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.
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, surface material, manmade features and some military
aspects of terrain which includes cover and concealment, obstacle, critical key terrain features, observation and fields of
fire, and avenues of approach.
LESSON 6.3: COUNTERINTELLIGENCE
Lesson Objectives:
1. discuss the application of counterintelligence and
2. apply the principle of counterintelligence.
Counter intelligence 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 the protection of information against the
following:
1. Espionage - refers to the stealing of vital information either physical or in 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 applications 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 Counter intelligence (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 analyze 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.
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.

Lesson 6.4: Intelligence Cycle


Lesson Objectives:
1. enumerate and explain the process involved in information gathering;
2. apply how reliability and accuracy of information is labeled; and
3. examine the process involved in intelligence cycle.
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;
2. Operations of the command;
3. Characteristics of the enemy; and
4. Methods in gathering information.
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.
Operations of 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.
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.
Methods in gathering of 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.
Collecting agency refers to 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 a 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 collecting 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
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
In.collation stage, all collected information will undergo the following:
1. Recording-refers to the systematic sorting of all documented information and present them either in
writing or some other form of presentation so that they can be analyzed and studied for future 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.
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.
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 signifiance 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 only 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;
5. Head /chairman of an organization; and
6. Any person with authority or right over the intelligence.
Undercover Operations
Lesson Objectives:
1.Identify the purpose of conducting undercover operations and
2.Explain the types of undercover operation
3. Discuss the elements of undercover operation.
4. Apply the concept of under cover operation thru a situational analysis.

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.

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.
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 devices. 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.
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.
Methods of Surveillance
The manner as to how surveillance is to be conducted which includes the various procedures and techniques
employed by an agent or surveillant is referred to as the methods in surveillance. This could be either be one man
shadow, two man shadow, or three man shadow.
In one man shadow, as the number speaks, there is only one surveillant following the subject. If two man
shadow,two surveillant. In three man shadow three surveillant.
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 surveillant (B) 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.
8. For photographic guidance, see Figure 8.

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 survei llant
(A).
2. Like in one man and two man 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 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 surveillant (B) or vice versa and
surveillant (B) becomes now the surveillant (C) and surveillant (C) becomes now the surveillant (A) or vice versa
depending on the situation.
6. Do not wear any apparel or clothing that is obvious or can caught the attention of the subject.
7. Take photographs if possible, especially those contacts by the subject.
8. For photographic guidance, see Figure 9.
Take note that the procedure taken either in one man, two man, or three man shadow are quite he is under
surveillance is quite small considering that there are two or three persons conducting the surveillance.
Casing
Casing refers to the process of inspecting places to determine its suitability for operational use. In the military, it is
known as Reconnaissance. Sometimes, it is called the surveillance of places or building. Casing could be done either:
1. Internal - it is the inspection of the different parts of the building or any structure which includes but not limited
to the different rooms within the building.
2. External - this is the inspection and observation of the immediate areas surrounding the building or any structure
which includes location, direction, possible exits, and others.

LESSON 6.7 AGENTS


Lesson Objectives:
1. discuss the role of agents in information gathering;
2. enumerate and explain the type of agents; and
3. illustrate the life of an agent.
An agent is defined as 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.
There are agents who use authority to gain information. He is called an agent of influence. For those who are
recruited within a highly sensitive target are called agent in place.
There are also agents who leak false information to the enemy and they are called expandable agents.
Those agents who have reached the enemy camp, gathered information, and are able to get back without being
caught are called penetration agents.
However, there are also those who acted as double agents. He is an enemy agent, who has been taken into
custody, turned around, 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 conducts the clandestine operation which is further classified into:
a. Espionage Agent-an agent responsible for the collection of information;
b. Propagandist - these are agents who molds 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;and
f. Provocateur -these are agents who induces 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 includes:
a. Surveilant Investigator - these are those who continue to observe any person or places that is connected to
the operation;
b. Procurer of Funds-these are those who obtain money needed to sustain the operation;
c. Safe house Keeper - is the person responsible in maintaining the safe house for training, briefing, debriefing or
any other purposes; and
d. Communication Agent-the person responsible for securing the clandestine operation.
As a whole, people may think that agents are cool and skillful 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.

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