CDI 1-Notes
CDI 1-Notes
INVESTIGATION
CRIMINAL INVESTIGATION – is an art which deals with the identity and location of the
offender and provides evidence of guilt through criminal proceedings.
ANATOMY OF CRIME
For any crime to happen, there are three elements or ingredients
that must be present at the same time and place. These are the Motive, the
Instrumentality and the Opportunity.
A. Motive refers to the reason or cause why a person or group of persons will
perpetrate a crime. Examples are dispute, economic gain, jealousy, revenge,
insanity, thrill, intoxication, drug addiction and many others.
B. Capability/Instrumentality is the means or implement used in the
commission of the crime. It could be a firearm, a bolo, a fan knife, an ice pick,
poison or obnoxious substance, a crow bar motor vehicle, etc. Both the Motive
and Instrumentality belong to and are harbored and wielded respectively by the
criminal.
C. Opportunity consists of the acts of omission and/or commission by a person
(the victim) which enables another person or group of persons (the criminal/s)
to perpetrate the crime. Illustrative
General Rule:
A person arrested by virtue of warrant of arrest is not covered by criminal
investigation and must not be placed under custodial interrogation for obvious reason
that he is already held accountable to that particular crime before the court of justice.
1. When the person arrested by virtue of a warrant of arrest is likewise being held
for a separate distinct criminal complaint which is the subject matter of another
criminal investigation.
TRAINING
Training, as one of the foundations of investigation, is concededly a vital
ingredient in the creation of a total investigator. Experience alone does not make
one good investigator. Many who had been hostage to this notion often ended in
jeopardy. The ideal conjugal partnership is training and experience. The fusion of
the best training and vast experience is a formidable force that can threat even the
most sophisticated technology and syndicated crimes. The necessity of training as a
purveyor of change builds the investigator’s confidence. It widens his vision for
professional growth and strengthens his will to survive and prevail over crises.
The National Forensic Science Training Institute (NFSTI) under the Philippine
Public Safety College is the institution that trains uniformed personnel of the
Philippine National Police to become a certified investigator.
THREE TOOLS OF INVESTIGATION
1. INFORMATION
It is the knowledge/data which an investigator acquired from other persons
and records.
Classes of Information
a. Regular Sources – records, files from government and non-government
agencies, news items.
b. Cultivated Sources – information gathered upon initiative of the investigator
from informants, vendors, taxicab driver, GRO, and others.
c. Grapevine Sources – these are information coming from the underworld
characters such as prisoners and ex-convicts.
BASIC ASSUMPTIONS
Nobody has to talk to law enforcers. No law compels a person to talk to the
police if he does not want to. Therefore, people will have to be persuaded, always
within legal and ethical limits, to talk to law enforcers. This makes interviewing an
art.
I.R.O.N.I.C. FORMAT
The interview of a witness can be described by its acronym ‘IRONIC’ which
stands for Identity, Rapport, Opening Statement, Narration, Inquiry, and conclusion.
Identity – prior to the commencement of an interview, the investigator should
identify himself to the subject by name, rank and agency. Except, when there is no
need to know the officer’s identity.
Rapport – it is good to get the positive feeling of the subject towards the
investigators, such friendly atmosphere is a vital for both the subject and the
investigator t have a better interaction.
Opening Statement – the investigator must have to indicate why the subject is
being contracted.
Narration – the witness should be allowed to tell all he knows with little
interruptions from the investigator.
Inquiry – after all information have been given by the subject, that is the time
for the investigator to as question to clarify him about the case under investigation.
Conclusions – after the interview, it is but proper to close the interview with
outmost courtesy and thanking the subject for his cooperation.
INTERROGATION TECHNIQUES
Emotional Appeal
Place the subject in the proper frame of mind. The investigator should
provide emotional stimuli that will prompt the subject to unburden himself by
confiding. Analyze the subject’s personality and decide what motivation would
prompt him to tell the truth, and then provide those motives through appropriate
emotional appeals.
Sympathetic appeal
The suspect may feel the need for sympathy or friendship when he is
apparently in trouble. Gestures of friendship may win his cooperation.
Kindness
The simplest technique is to assume that the suspect will confess if he is
treated in a kind and friendly manner.
Extenuation
The investigator indicates he does not consider his subject’s indiscretion a
grave offense.
Shifting the blame
The interrogator makes clear his belief that the subject is obviously not the
sort of person who usually gets mixed up in a crime like this. The interrogator could
tell from the start that he was not dealing with a fellow who is a criminal by nature
and choice.
Mutt and Jeff
Two (2) Agents are employed.
- Mutt, the relentless investigator, who is not going to waste any time
because he knows that the subject is guilty.
- Jeff, on the other hand, is obviously a kind-hearted man.
Bluff on a Split Pair
This is applicable when there is more than one suspect. The suspects are
separated and one is informed that other has talked.
Pretense of Physical Evidence
The investigator may pretend that certain physical evidence has found by
laboratory experts against him.
Jolting
May be applied to calm and nervous subjects by constantly observing the
suspects, the investigator chooses a propitious moment to shout a pertinent
question and appear as though he is beside himself with rage. The subject may be
unnerved to the extent of confessing:
CUSTODIAL INTERROGATION/INVESTIGATION – is the questioning of a law
enforcement officer on a person under custody and otherwise deprived of his
freedom or liberty. This is the stage in investigation where there is strict observance
of the Miranda Doctrine.
3. INSTRUMENTATION
It is the application of instruments and methods of physical science to the
detection of crimes. In cases where there are no significant physical evidence to be
found, then the use of instrumentation is relatively unimportant.
1. IDENTIFICATION OF CRIMINALS
Types of Confession
a. Extra-Judicial Confession – those made by the suspect during custodial
investigation.
b. Judicial Confession– those made by the accused in open court. The plea of
guilt may be during arraignment or in any stage of the proceedings where the
accused changes his plea of not guilty to guilty.
1. CORPUS DELICTI – is the body of the crime or fact of specific loss or injury
sustained. It constitutes the essential parts or elements in the commission of
the crime.
2. ASSOCIATIVE EVIDENCE – these are the pieces of evidence that will link the
suspect to the crime scene. The suspect may leave some clues at the scene
such as weapons, tools, garments or prints.
3. TRACING EVIDENCE – articles which assist the investigator in locating the
criminal. Stolen goods in the possession of the suspect in an example of
tracing evidence.
MODUS OPERANDI – is the method of operation by a specific criminal or criminal
syndicate. It is a distinct pattern of how a crime is committed and is established by
a series of crimes under one classification. The modus operandi of one criminal is
distinct and different from the other. It is a criminal trademark, logo or brandname.
2. TRACING AND LOCATING THE CRIMINALS
TYPES OF INFORMANTS
a. Anonymous informant – do not wish to be identified.
b. Rival elimination informant – to eliminate competition.
c. False informant – reveals information of no consequence or value.
d. Frightened informant – motivated by anxiety.
e. Self-aggrandizing – hangs about the fringes of the criminals.
f. Mercenary informant – gives information for a price.
g. Double crosser informant – to get more information from the police.
h. Woman informant – female associate of the criminals.
i. Legitimate informant – operators of legitimate business establishments.
MOTIVES OF INFORMANTS
a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration
KINDS OF SURVEILLANCE
1. Surveillance of places
2. Tailing or shadowing
3. Undercover investigation or roping
METHODS OF SHADOWING
a. One man –extremely difficult and should be avoided, if unavoidable keep
subject in view at all times.
b. Two man – two agents are employed to follow the subject.
c. ABC method – reduces the risk of losing the subject, affords greater
security agents detection.
d. Progressive/Leap from method – poor chances of obtaining good results,
agents are stations at a fixed point assuming that subject followed the
same general route each day.
e. Combined foot-auto surveillance – employment of surveillants on foot and
agents in an automobile.
AUTOMOBILE SURVEILLANCE
The methods of auto surveillance to be used depends upon the numbers and
type of surveillance vehicles available, the volume of vehicular traffic in the area,
the importance of concealing the surveillance from the subject, and the subject’s
estimated ability to detect and elude surveillance. At all times each vehicle should
be occupied by at least two agents; one to concentrate on driving, and the other to
observe, take notes, operate radio equipment, or to dismount and continue the
surveillance on foot.
DEFINITIONS
a. Undercover- an investigative technique in which the Agent’s/Investigator’s
official identity is concealed to accomplish an investigative mission.
b. Natural cover- using the individual’s true identity, occupation or profession.
c. Artificial cover- the manufacture of documents, false documents,
passports, or forged documents.
3. GATHERING EVIDENCE
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.
ELEMENTS OF SKETCH
a. Measurement
b. Compass direction
c. Essential items
d. Scale and proportion
e. Legend
f. Title
SKETCHING METHODS
a. Neighborhood sketch
b. Elevation Sketch
c. Floor Plan Sketch
d. Detailed Sketch
TYPES OF MEASUREMENTS
1. Rectangular coordinates method – a sketching method that involves
measuring the distance of an object from two fixed lines at right angles to
each other.
2. Triangulation method – a sketching method that requires measuring the
distance of an object along a straight line from two widely separated fixed
reference points.
3. Baseline method– a sketching method that makes measurements along
from a single reference line, called a baseline, which can be established
by using a length of string, chalk line, or some other convenient means.
4. Compass point method– a sketching method that requires a protractor or
some method of measuring angles between two lines. One point is
selected as the origin and a line extending from the origin becomes an
axis from which the angles can be measured.
5. Cross projection method – a sketching method in which the ceiling appears
to open up like a lid of a hinged box, with the four walls opening outward.
Measurements are then indicated from a point on the floor to the wall.
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 spiraling 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.
E. Notes Taking
Note taking must be a constant activity throughout the processing of the crime
scene.Notes must include:
a. Detailed written description of the Crime Scene with locations of recovered
physical evidence;
b. The time when the physical evidence was discovered;
c. The person who discovered and collected the physical evidence;
d. The time when evidence was packaged and marked; and
e. The disposition of the item when it was collected.
PHYSICAL EVIDENCE – these are the articles and materials which are found in
connection with the investigation and which aid in establishing the identity of the
perpetrator or the circumstances under which the crime was committed or which, in
general assist in the prosecution of criminal. It embraces any object, living or
inanimate, solid, liquid, or gas state.
What are the procedures needed for the care of physical evidence?
In order to introduce physical evidence in court, three important factors must
be considered:
a. The article must be properly identified
b. Chain of custody must be proved
c. The evidence must be material and relevant
CHAIN OF CUSTODY
It is the number of persons who handled and possessed the pieces of
evidence the moment they were collected, marked and tagged, up to the time of
the final disposition of the case.