LESSON 6 Intelligence

TOPICS

1. Information

2. The Characteristics and Context of Intelligence

3. Counterintelligence

4. Intelligence Cycle

5. Undercover Operations

6. Surveillance

7. Agents

LEARNING OUTCOMES

At the end of the lesson, you should be able to:

a. identify the possible sources of information, types and motives of

informants;

b. discuss the context, characteristics and principles covered by intelligence;

c. apply the principles and application of counterintelligence;

d. examine the process, reliability and accuracy involved in the intelligence

cycle; and

e. enumerate the purposes of conducting undercover operations.

TOPIC 1: INFORMATION

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 moves forward in solving
the case. As opposed to its legal perspective, information is defined as an
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 parts. These pieces of information are useless without being analyzed
and evaluated so that they can be disseminated and used by the appropriate
person. In contrast with information, intelligence refers to collated, analyzed,
and evaluated information appropriately acquired for a particular purpose.

Sources of Information

A source of information is the network of data which can be linked or

grouped in order to obtain concrete and reliable information based on the
prevailing need or as the need arises. Some of these common sources are:

1. People as sources of information

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

b. Cultivated source – these are information generally taken through the use
of informants or informers.

c. Grapevine source – these sources of information are gathered from those

who are in the underworld, criminals or ex-convicts.

2. Records as sources 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 private entities and business organizations, public utilities such as
water or electric bills, and all other private sectors.
c. Internet source – this modern source of information is done through
searching specific details by typing the desired key or phrase in different
search engines.

Types and Motives of Informants

Technically, the term informant refers to any person who possesses

knowledge regarding crime, criminal syndicates, or ongoing criminal activity
and provides information to the police with or without 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 on 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 cell phones.

2. Double-crosser – these are those informants who provide information in

order also to gain information from the police. Worst, they acquire more
information than what they give.

3. False informant – these are those informants who provide false

information or information without basis.

4. Frightened 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 exaggerated

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 informants in providing

information such as:

1. Civic-mindedness – the 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 – the informant provides information to obtain a

privilege towards the welfare of his family.

4. Jealousy – the informant is pushed to provide information to the police

due to his resentment towards the accomplishments or possessions of
another.

5. Remuneration – a person informs the police for some pecuniary or other

material gain he is to receive.

6. Repentance – the informant provides information as a sign of regret for

what he has previously done.

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 individual
citizens, the law prohibits certain police 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 whether recorded in a material form or not, from which the
identity of an individual is apparent or can be reasonably and directly
ascertained by the entity holding the information, or when put together with
other information would directly and certainly identify an individual.

TOPIC 2: THE CHARACTERISTICS AND CONTEXT OF INTELLIGENCE

In line with the intention of successful criminal investigation, intelligence is

one requirement that needs to be satisfied and 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 on organized

crime, defend from enemy attacks, and aid in the progress of either covert or
overt operations.

Overt investigation simply means as an operation conducted openly

Covert investigation, in contrast, is an operation conducted in a

clandestine manner.

Clandestine simply means as a secret. Considering that intelligence is the

backbone of police operations, 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
different police operations 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 a whole, any operation or activity might be jeopardized.

1. Intelligence and operations are interdependent. As intelligence

provides valuable inputs for the effectiveness of police operations, in like
manner, operations provide for the continuity of intelligence activities.

2. Intelligence is continuous. This implies that intelligence must not be

disrupted and must be continuous, following a 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 the appropriate person.

3. Intelligence must be useful. This means that intelligence must meet

the commander’s needs and should be relevant to the current operation.

4. Intelligence must be available on time. Intelligence must be

communicated and disseminated to the appropriate person on time as
information that is too advanced or late is 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 kinds as operations might vary depending
on the purpose and occasion.

7. Intelligence requires continuous security measures. Take note to

deny unauthorized disclosure of relevant information to the 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 investigations, criminal syndicates, organized crimes,
and other police problems which are known as Police intelligence.

Information regarding military activities which is also essential to different

military operations is known as Military intelligence.

Lastly, it could also be Departmental intelligence, which 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 to 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 intelligence data that are not of immediate value. It is usually descriptive

in nature, an accumulation of physical descriptions 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 a kind of intelligence required by the commander to provide for planning

and conducting tactical and administrative operations in counterinsurgency.
This includes knowledge of People, Weather, Enemy and Terrain (PWET)
which is fundamental in planning and conducting tactical and administrative
operations in a counterinsurgency.

People include the living conditions of the people, sources of income, their
education, government livelihood projects and the extent of enemy influence
on the people.

Weather refers to the visibility, cloudy, temperature, precipitation (rain) or

windy of the climate.

Enemy, as the term suggests, refers to the study of location, strength,

disposition, tactical capability and vulnerability of the enemy.
Terrain includes relief and drainage systems, vegetation, surface materials,
man-made features and some military aspects of terrain which include cover
and concealment, obstacles, critical key terrain features, observation and
fields of fire, and avenues of approach.

TOPIC 3: COUNTERINTELLIGENCE

Counterintelligence is a type of intelligence employed to protect interests

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 the enemy about police
operations 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 to 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 a 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 with the

necessary measures to be taken to protect himself against espionage,
enemy operations, 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:

Censorship as this aids in controlling the movement of different persons,

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) Operations, 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.

Counter Signal Intel (SIGINT) which determines enemy SIGINT and related
enemy weaknesses, capabilities and activities, assesses 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 measures.

Passive CI Measures include the protection of classified and sensitive

information from unauthorized individuals through secrecy, communication
security, and other various safeguards.

Active CI Measures, on the other hand, are those measures that actively
block the enemies’ efforts 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 one’s identity from the enemy but
also includes detection, prevention, and neutralization of enemy activities.

Detection is about knowing the clandestine operations of the enemy.

Prevention is about avoiding enemy attacks or infiltration

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.

TOPIC 4: INTELLIGENCE CYCLE

Intelligence Cycle is defined as the process of obtaining information which

includes proper procedures and sequences of steps starting from planning,
collection, and the dissemination of information to appropriate persons.

The 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 a
particular undertaking. This is considered the heart of the intelligence cycle.

PLANNING PHASE

In the 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
standard priorities.
In planning for the collection, 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 pertain 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 connection of the enemy forces 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 the intelligence officer to provide the necessary Essential
Elements of Information

Essential Elements of Information (EEI) these are information pertaining

to the target area which the commander feels he needs before he can arrive
at 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. The target area refers to any individual, group,
association or entity that is subjected to for operation or intelligence
gathering.

COLLECTION PHASE
In the intelligence cycle, Collection refers to the information gathering done
in compliance with established procedures 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

In the intelligence cycle, Collation refers to the process involved in

evaluating the accuracy and reliability of the information collected.

Reliability means judging the source of information while accuracy simply

means the level of truthfulness of the information collected.

In the collation stage, all collected information will undergo the following:

1. Recording – refers to the systematic sorting of all documented

information and presenting 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 isolating those that are relevant to the mission or those that have
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 judgment 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 new information necessary for the success of the
mission.

5. Interpretation – is the process involved in providing meaning and

significance of new information.

6. Synthesis – provides a conclusion based on the new information

generated in relation to the current situation.

Take note, processed information is now called intelligence.

DISSEMINATION PHASE

In the 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 right 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. Memoranda, circulars, special orders;

3. Operations orders, oral/written;

4. Conferences – staff members;

5. Other reports 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.

TOPIC 5: UNDERCOVER OPERATIONS

Undercover operations are vital in criminal investigations. 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, assumes another identity in order to
infiltrate the ranks of criminal syndicates.

Take note that undercover agents should have their best cover and cover
story.

Cover refers to the means as to how investigators will hide their original
identity

Cover Story is the biographical portrayal of the investigator as to what role

he will depict towards the criminal syndicate while collecting vital
information.

The person who provides support to the investigator is referred to as the

cover support.

Undercover operations are otherwise known as roping although most of

the time it refers to the surveillance of certain activities or events.

In police work, undercover operations are done in order to acquire necessary

inputs from a particular person or place that might possess valuable
information. It also assists the investigation in apprehending law violators.

Talking about cover, it could either be artificial or multiple types 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 multiple cover
involves the use of different covers that will fit a given situation.

As to assignment, it could either be residential, social or work assignments.

Residential assignments involve the employment of undercover agents in

an area where the subject lives.
Social assignments, on the other hand, is the employment of undercover
agents in areas where the subject frequents for fun and entertainment. ,

Work assignments are the employment of undercover agents in areas

where the subject works.

In addition, undercover operations are composed of the following elements,

namely: the head; target; and agent.

Head is the person who directs the organization conducting the undercover
operation.

Target pertains to any person, place or things against which the undercover
operation is to be conducted

Agent refers to a person who conducts the clandestine activity. This could
either be a police officer or any person who can access and gather
information from the target.

In the conduct of undercover operations, be cautious when confronting the

ranks of a criminal 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
probing refers to the manner how you will keep the person talking.

When reporting to the office, the investigator should meet any personality or
his companion with the law enforcement agency in a safe house only

Safe House refers to a safe place where the investigator or his informant
will meet for briefing or debriefing purposes.
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.

A Courier refers to the person who carries information to another person.

It could also be through leaving a message in some places or drop.

A Drop refers to a secure place where agents or informants give their

messages to other agents which could be either:

1. Dead Drop – the agent merely leaves the message;

2. Live Drop – the courier hands over the message directly to the agent.

It must be noted that undercover agents 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 as naturally as possible;

2. Do not overplay your part;

3. Do not indulge in any activity, which is not in conformity with the assumed
identity. This means that if you play the part of a fisherman, you should have
the 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.

TOPIC 6: SURVEILLANCE

In collecting additional information about a person or some places that are

necessary in the conduct of an 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 operations, which enter or infiltrate criminal syndicates,

surveillance is merely observation or watching the particular subject.

In the conduct of surveillance

The 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 to as the Surveillant.

He is usually an investigator who disguises himself purposely for

surveillance. The conduct of surveillance is guided by the surveillance plan.

A Surveillance Plan simply refers to the outline or blueprint as to how

surveillance should be conducted.

While conducting surveillance, any person whom the subject picks or deals
with while he is under observation is termed as a 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

Decoy is a person or object used by the subject in an attempt to escape the

eyes of the surveillant.

The surveillant should be cautious not to alarm the subject since he might be
burned out.

Burn out or made happens when a subject under surveillance becomes

aware that he is under observation and identifies the observer.

If it happens, the subject often uses all the means to elude the surveillance.
When the surveillant does not know the whereabouts of his subject or the
subject has 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.
A Log refers to the chronological record of activities that the subject had or
took place in the target area.

The 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 uses may vary
depending on his purposes. 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. A rough tail can be used in the following scenarios:

 When the subject is a material witness of a crime; or

 A fugitive who knows that he is under constant [Link] note that

a 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’s extremely
important not to lose the subject and constant surveillance is needed. A
close tail is very useful when:

 The subject will commit a crime;

 There is a need to know the subject’s exact habits; and

 The subject’s activities are necessary for another critical [Link]

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:

 The surveillant needs general information about the subject; and

 The surveillant needs to know the subject’s activities or [Link] 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 are not
accessible to foot or surveillance vehicles.

4. Video surveillance – this refers to the use of video equipment and other
devices used to record the 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 on any communication or conversation

with the aid of any bug devices.

bug is a form of electronic device placed in an establishment to record,

receive or transmit conversations.

b. Wiretapping is the interception of communication lines such as

telephone or cell phone lines in order to listen to or record conversations.
In addition, eavesdropping is the act of listening secretly to any conversation
of those who are within the same premise as with the person who intends to
listen to the conversation. Examples 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 surveillance is
referred to as the methods in surveillance. This could be either one-man
shadow, two-man shadow, or three-man shadow.

In a One-man Shadow, as the number speaks, there is only one surveillant

following the subject. If Two-man Shadow, two surveillants. In three-man
shadow, three surveillants.

Procedures in the Conduct of One-Man Shadow

1. Follow the subject, but not too close. A distance that is enough for you to
see the subject, but not too far to lose the subject.

2. If the subject turns, you either follow his path or cross to the other side,
whichever you think is practicable in the situation.

3. Make a good decision as to where the subject will be going. In that case,
the surveillant is at an advantage in taking the right position or placement
while following the subject.

4. Do not wear any apparel or clothing that are obvious or can catch the
attention of the subject.
5. Take photographs if possible, especially those contacts made by the
subject.

Procedures in the Conduct of Two-Man Shadow

1. The first surveillant (A) should follow the subject while the second
surveillant (B) follows the first surveillant.

2. Both surveillants should have a proportional 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 goes. 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 an advantage in taking the right position or placement
while following the subject.

5. Regroup if chances are possible. Meaning, have the original placement but
not 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 made by the

subject.

Procedures in the Conduct of Three-Man Shadow

1. The first surveillant (A) should follow the subject while the second
surveillant (B) follows the first surveillant. The third surveillant (C) is in the
same way where the subject is going but on the opposite street parallel with
surveillant (A).
2. Like in one-man and two-man shadows, both surveillants 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 went. 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 an 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
where 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 catch the
attention of the subject.

7. Take photographs if possible, especially those contacts made by the

subject.

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

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 buildings. Casing could
be done either:
1. Internal – it is the inspection of the different parts of the building or any
structure which includes but is 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.

TOPIC 7: AGENTS

An Agent is defined as any person capable, skilled, and competent in

collecting, extracting, gathering, infiltrating, penetrating information of all
kinds from 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 operations.

Agents also play an important role in extracting information in any

undercover operation. They conduct interviews of suspected individuals,
infiltrate the ranks of criminal syndicates or even disguise themselves 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
Agents 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.
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 assignments whether they are
those who direct the planning in gathering information, directly penetrate
the ranks of criminal syndicates or support the whole operation. These
agents are as follows:

1. Principal Agents – These are the leader or management agents in the

clandestine operation.

2. Action Agents – These are those who conduct the clandestine operation
which is further classified into:

a. Espionage Agent – an agent responsible for the collection of information;

b. Propagandist – these are agents who mold the attitudes, actions or

opinions of an individual or a group of people;

c. Saboteur – an agent directed to undertake actions in line with destroying

temporarily or permanently, any material, an article or property which is

necessary in their normal operation;

d. Guerilla – 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 who engage in activities in line with
giving support to

the clandestine operations. This includes:

a. Surveillant 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.
LESSON 7 INSTRUMENTS IN INVESTIGATION

TOPICS

1. Forensic Ballistics

2. Questioned Document

3. Forensic Odontology

4. Forensic Photography

5. Forensic Toxicology and Serology

6. Anthropometry and Fingerprinting

7. Forensic Medicine

8. Polygraphy

LEARNING OUTCOMES

At the end of the lesson, you should be able to:

a. apply the principle and relevance of ballistics in investigation;

b. analyze the principle of studying questioned document;

c. discuss the relevance of odontology in the field of investigation;

d. evaluate the admissibility and relevance of photography in police work;

e. discuss the toxicology and serology in line with investigation;

f. evaluate the principles of fingerprinting in the field of investigation;

g. apply the principles of body changes after death in investigation; and

h. evaluate the role and use of polygraph as an aid in investigation.

TOPIC 1: FORENSIC BALLISTICS

One of the most common physical evidence submitted for laboratory

examination is either a fired bullet, fired cartridge case, suspected firearm, or
a combination of these and this is the highlight of the field of forensic
ballistics.

Forensic Ballistics deals with the study of firearm to establish its identity
through ammunition fired through them.

The person who examines those fired bullets, fired cartridge case, suspected
firearm or a combination of these three as recovered from the crime scene is
known as the Ballistician

Fired Bullet refers to any bullets/s found and recovered from the crime
scene. Same with fired bullet.

Fired Cartridge Case refers to any cartridge case/s found and recovered
from the crime scene.

Suspected Firearm refers to the firearm found and recovered from the
crime scene and subject for laboratory examination to establish its identity
and uniqueness as compared to other firearm.

The examination of firearm was founded on the principle that no two firearms
are exactly the same even if they are product of one manufacturer.

Task of Firearm Section

When a firearm is submitted for laboratory examination, the following could
be the reason for such submission such as:

1. Test firing of all firearms;

2. Comparison of fired bullet and fire cartridge case;

3. Restoration of serial number; and

4. Analysis of any firearm related incident.

Problems Addressed by Ballistician

Like any other field, ballistics needs to enlighten the investigator if a fire
bullet, fired cartridge case, and a suspected firearm are found at the crime
scene. The ballistician should take all the necessary measures to solve the
given scenario such that:

 Given a fired bullet

The ballistician will determine the caliber, make, and type of possible firearm
used in any firearm related incident.

 Given a fired cartridge case

The ballistician will determine the caliber, make and type of possible firearm
used in any firearm related incident.

 Given a fired bullet and suspected firearm

The ballistician will determine if the fired bullet found and recovered from the
crime scene came from that suspected firearm.

 Given a fire cartridge case and a suspected firearm

The ballistician will determine if the fired cartridge case found and recovered
from the crime scene came from that suspected firearm.

 Given multiple fired bullets and a suspected firearm

The ballistician will determine if those multiple fired bullets came from that
suspected firearm or how many firearms used to fire those multiple bullets.

 Given multiple fired cartridge cases and a suspected firearm

The ballistician will determine if those multiple fired bullets came from that
suspected firearm or how many firearms used to fire those multiple bullets

 Given a suspected firearm

The ballistician will determine if the firearm was recently used or not, or, if
the firearm is still serviceable or usable.

TOPIC 2: QUESTIONED DOCUMENT

The forensic science is in line with the examination of documents to

determine the identity of the possible person who made documents including
but not limited to ransom note, forge signature, forged check, and the like.
These are what we call questioned documents.

Questioned document refers to any material whereby the origin of the

document of the identity of the author is unknown.

The moment that part of the document, whether the content, the signature,
the date or even individual letters or numbers were contested as to its
authenticity, this now becomes a disputed document. In either case, this aids
the investigator as to proper change that he will file.

Take note, the person responsible for the examination of a questioned is

known as the questioned document examiner.

Commonly. The cases submitted to him for examination are as follows:

1. Forged signature

2. Anonymous letter

3. Forged checks

4. Counterfeited paper bills

5. Questioned handwriting
COLLECTION OF DOCUMENTS

In case where the core of the investigation relies heavily on the document
recovered from the crime scene, investigators are responsible for further
collection of documents or other material needed and assist the questioned
document examiner in whatever endeavors are needed for the success of
the examination. Investigators if feasible should collect the following
standard document.

1. Collected standard – these are classes of documents collected

commonly in the office, house or other areas where the person resides or
frequents as part of his usual routine.

2. Requested standard - these are documents commonly handwriting or

signature – related issues accomplished upon the request of the party
requesting such standard. This is usually undertaken by Questioned
Document Examiner.

Standard Document refers to any known writing of the person. This is the
document which will serve as the bases in comparing with those questioned
documents of those that are recovered from the crime scene or submitted for
examination.

TOPIC 3: FORENSIC ODONTOLOGY

Forensic Odontology pertains to the application of dental knowledge to

legal investigation both in criminal and civic aspects.

As human bone and teeth are the most durable part of the human body, this
allows the forensic dentist (Odontologists) who is highly experienced in this
field of expertise to aid in the following:

1. Identify unknown remains of an individual person and

2. Establish the identity of specific bite marks.

Advantages of Forensic Odontology

In cases of investigation in line with assault or injuries where bite marks are
present,

Odontologists determines the identity of the person through examination

of the dental structure of any person suspected to have committed the
crime.

The same is true in cases of death investigation whereby Odontologists takes

photograph of the teeth of deceased, conduct cranial measurements and
study all cranial structure.

In addition, the science of forensic odontology is best useful in cases of the

following:

1. Victims of mass disaster;

2. Burned bodies;

3. Dismembered bodies; and

4. Physically deformed bodies.

However. Like other sciences, Forensic Odontology also has some limitations.
Some of these limitations are as follows:

1. Not enough standards available as it is not the primary means of

identification

2. No strict implementation of keeping dental records among dentistry

3. Dental profile of a person may change over a period of time

4. Bites marks on the person’s skin may change depending on the pressure
applied during biting and as the time pass.

5. The questioned bite taken from the victim may not be the same with the
bite taken under controlled environment or during the acquisition of
standard.

6. Instructions as to how the analysis must be undertaken (no standards)

TOPIC 4: FORENSIC PHOTOGRAPHY

Photography is one field in the forensic science that can be linked to all
other sciences as it touches them mostly considering that all physical or
even microscopic evidence are best preserved with the aid of photography.

Mug Shot photography is best the method of preserving the identity of the
suspect. Mug shot is the standard taking of photographs among arrested
suspects with front and side angles taken in one location.

Metric photography is also utilized in preserving the identity of the suspect.

Metric photograph is defined as a photograph taken with metric scale

placed in the photo’s border to show the actual size of the image.

Portrait Parte, which is also known as a spoken picture, is a method of

describing in a detailed manner the human head which gives emphasis on
the different part. Portrait Parle is the reason of today’s composite drawing.

Composite drawing is a graphical drawing of the suspects face drawn as

an aid in establishing the identity of person who might have committed the
crime.

As to the admissibility of photograph as evidence in court, the photograph

can be used as evidence if it accurately portrays the individual items and can
show to the honorable court how the crime was probably committed based
on the photographic evidence. The photographer should at all means testify
and prove the faithful reproduction of the photograph otherwise it will be
inadmissible as evidence in court.

Faithful reproduction simply means as correct and accurate reproduction

based on how individual evidence was gathered, photographs can be
enlarged than the original.

DIGITAL PHOTOGRAPHY

Digital photography is defined as an art and science in line with the

process of producing or reproducing digital photographs and other digital
images through the action of light and with the aid of digital camera and
other digital devices.
Digital photographs is simply the product or result of digital photography.
It differs from the conventional as this one no longer requires the use of any
sensitized material in producing an image. In digital photography, image can
be reproduced through.

1. Directly using a digital camera

2. Taking a photo from a video; or

3. Scanning a conventional photograph.

Sensitized material, refers to any substance that is very sensitive to light

and loses its value when exposed to the same. Sensitized material could
either be film or photographic paper.

Film is where the image is recoded upon taking of pictures in conventional

photography.

Photographic paper is where the image is transferred from the film during
the development of the photograph.

Development simply means as the process of making the captured image

visible.

And although the current time uses digital photography as the standard one
in taking pictures

Conventional Photography refers to the old means of reproducing a

photographic image.

TOPIC 5: FORENSIC TOXICOLOGY AND SEROLOGY

Forensic toxicology is defined as the application of toxicology to aid in the

medical and legal aspect of death investigation.

Toxicology simply refers to the study of chemicals and its adverse effects in
the human body. This discipline is very useful in the following instances.

1. Drug testing;

2. Alcohol intake; and

3. Death investigation specifically in cases of poisoning.

In traffic investigation, it is often useful in cases of drug and alcohol testing.
It can also be utilized in case of investigation connected with environment
contamination to determine how certain chemical contributed to
environmental pollution. Lastly, it helps investigators be enlightened about
the effect of specific amount or dose of the substance individuals. Dose
simply refers to the quantity of the substance.

On the other hand, in cases where body fluids such as blood semen, saliva
are recovered from the crime scene,

Serology can be of help as it is the science that details with the study of
body fluids. In connection with investigation

Forensic Serology deals with the identification, detection, and classification

of the different bodily fluids found in the crime scene. This includes the
separation of these fluids to determine its origin or to be exact, from whom it
came from.

In addition, the test for Serology are as follows:

1. Presumptive Test – a quick preliminary test conducted to determine if

the sample taken is blood.

2. Confirmatory Test – this test is conducted to conclude that the test

taken is blood.

TOPIC 6: ANTHROPOMETRY AND FINGERPRINTING

The identification of the person brought before the custody of law was first
established through the science of,

Anthropometry which simply refers to the system of body measurement.

With the aid of anthropometry, suspect’s body is measured.
These body measurements are retained for purposes of future identification.
This greatly helps law enforcement authorities in identifying individual as to
who may have committed a crime.

However, the science of anthropometry started to collapse in the case of will

and William West, making the science of,

Fingerprinting to come into picture which later on became the best method
in establishing the identity of the individual person.

As what is commonly observed, every person arrested was fingerprint to

serve as a standard and will be submitted for filing purposes. Standard in the
sense that they serve as a correct copy of the fingerprint of the individual
person. Filing refers to the submission of the fingerprint standard to the
recording system for future use.

This is the reason why most of the agencies or an application made by the
person is accompanied by their fingerprint for easy and faster identification.

In addition, like any other sciences, the following are the principles of
fingerprint:

1. Principle of Permanency – this principle states that fingerprint does not

change over the lifetime of the person. This means that fingerprint is
constant from conception to birth and from birth to death.

2. Principle of individuality – this principle states that every individual

person has their own unique set of fingerprints and that these fingerprints
cannot be duplicated not repeated among other individuals.

3. Principle of Infallibility – this principle states that fingerprint can never

be wrong or makes an error as to the identity of the person.

TOPIC 7: FORENSIC MEDICINE

Forensic Medicine is a branch as the thorough of medicine that deals with
the application of medical knowledge to establish facts surrounding the
causes, manner and time of death of the person.

It aids investigation, such that they enlightened investigators as to how and

when the crime was committed through the conduct of autopsy.

Autopsy is defined as the thorough examination of a dead body done

through dissection.

In contrast with postmortem examination, which is commonly limited to

external examination, autopsy opens the internal parts of a dead body to
perform the examination and carefully studies each internal part to establish
the possible factors as well as the possible manner surrounding the death of
the person. Postmortem means after death.

One greatest contribution of forensic medicine in the field of investigation is

that, investigators may possibly determine the approximate time of death
through visible body changes. These visible body changes are as follows:

1. Algor Mortis or cooling of the body – this means that the body becomes
cold after death. This usually occurs in the first 2 hours after the person died.

2. Rigor Mortis or muscle stiffening - after cooling of the body, the muscles
will become rigid or stiff usually 2-3 hours after death. The whole body will
become will rigid approximately 12 hours after death and will last for about
18-36 hours. Thereafter, putrefaction will commence. Putrefaction simply
means the decomposition or decaying of the dead body.

3. Livor Mortis or skin discoloration – this refers to the changes of the body
color 3-6 hours after death due to the stoppage of blood circulation and the
clotting of blood in the blood vessels. This results in the settlement of the
blood in the area of the body where it has contact with the surface. After 12
hours, skin discoloration becomes fully developed. This phenomenon is one
of the best indicator if the dead body was moved or not.

TOPIC 8: POLYGRAPHY
Polygraphy is defined as the scientific method of detecting deception done
with the aid of a polygraph machine.

Polygraph is a scientific instrument used as an aid in detecting deception.

Sometimes it is called a “Lie Detector” although there is no such machine
that can detect lies.

Examiner, referred to as the person who conducts the polygraph

examination is the one that can manifest if the subject is truthful or deceitful
through the aid of the polygraph machine.

Subject in polygraph examination refers to the person who is placed under

polygraph. The polygraph machine cannot tell whether the person is lying or
not.

It only serves as an aid in investigation specifically in the interrogation

process if the person so agree that he will be placed under polygraph
examination.

Examiner relies on the physiological changes in the body of the person to

detect if the person is lying or not. These physiological changes refer to body
changes which occurs if the person is performing an act or is under stress
like sweating, faster heartbeats, heavy breaths and others. In polygraph
examination, the subject will be under stress if he intends to lie resulting to
physiological changes in his body. These physiological changes are now
recorded with the aid of a polygraph machine and interpreted by the
examiner.
LESSON 8 Search and Seizure

TOPICS

1. Search Warrant

2. Warrantless Search

LEARNING OUTCOMES

At the end of the lesson, you should be able to:

a. discuss the application and process of search warrant in investigation; and

b. enumerate the legality and instances allowing warrantless search.

TOPIC 1: SEARCH WARRANT

In line with investigation that needs the production of evidence considered

as a fruit of the crime or product of illegal activities either in the possession
of someone, within the premise of the house or building, or even in the
vehicle, requires a warrant.

Warrant simply means as the permit given by the court for a particular
purpose. In criminal investigation

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

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

SEARCH WARRANT

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

Any police officer can request for the issuance of a warrant provided that
there is a probable cause as a strong basis for its issuance.

Probable cause means that there is a strong ground that a crime has been
committed the crime can be found and located in the place so described in
the warrant.

Any police officer can secure the warrant from:

1. The court that has the territorial of the crime;

2. For compelling reason, any court within a judicial region where the crime
was committed if the place of the commission of the crime is known; or

3. Any court within the judicial region where the warrant shall be enforced.

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

Who shall issue the warrant?

Judge who will issue the warrant after questioning the complainant under
oath and in writing to include the possible witnesses who may be presented.

The place to be searched must be described together with the properties to

be seized. The sworn statement shall be recorded together with the affidavit.

The search warrant shall be issued for the search and seizure of the personal
property which includes the following:

1. Subject of the offenses;

2. Stolen or embezzled and other proceeds, or fruits of the offense; or

3. Used or intended to be used as the means of committing an offense

Can the judge issue a general search?

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

Execution of Search Warrant

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

1. To execute the warrant or

2. To liberate himself or any person lawfully aiding him when unlawfully

detained.

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

1. Lawful occupant is present;

2. Any member of his family; or

3. Presence of at least two witnesses of sufficient age and discretion residing

in the same locality.

In general, all search shall be made during daytime unless specified to be

served at any time of the day or night. Thereafter, the officer seizing the
property shall give a detailed receipt to the lawful occupant, in the presence
of at least two witnesses of sufficient age and discretion residing in the same
locality.
The officer making the search and seizure shall deliver the property to the
court who issue the warrant together with inventory of seized items under
oath. If after ten (10) days the warrant was not returned, the issuing judge
shall summon the person to whom the warrant was issued and allow him to
explain why no return was made.

The return of the search warrant shall be filed and kept by the custodian of
the logbook on search warrant who shall enter therein the following:

1. Date of return;

2. Result of the search; and

3. Action of the judge.

TOPIC 2: WARRANTLESS SEARCH

Warrantless Search is defined as the search and seizure of personal based

on probable cause made by a police officer without a warrant. This is true in
cases exigent circumstance.

Exigent circumstance refers to a situation whereby securing a warrant

would make it less practical or useless. The following are examples of
exigent circumstances whereby a valid warrantless search and seizure is
applicable.

1. Search Incidental to Lawful Arrest

Search incidental to a lawful arrest is defined as the search and seizure of

property made by any police officer upon a valid arrest. The search and
seizure of personal property are allowed by law provided that the arrest was
made by virtue of a valid warrantless arrest (in flagrante delicto, hot pursuit
or escapee).

Can the person be searched first before the conduct of arrest?

No. The process cannot be reserved. It must be a valid warrantless arrest

before proceeding with a valid warrantless search and seizure
What happens when the arrest is not valid in the first place?

It follows that the succeeding search is illegal.

2. Seizure in Plain View

Seizure in plain view refers to the confiscation of embezzled or stolen

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

The requirement of this warrantless search is that the items to be searched

and seized must be vividly and clearly seen and that the same item/s is/are
considered as an evidence of criminal activity or criminal proceeds.

3. Stop and Frisk Rule

Stop and Frisk refers to the brief stopping of an individual made by police
officer based on reasonable suspicion among person suspected to commit a
crime or in possession of dangerous weapon. Reasonable suspicion is in
lower grade than probable cause. Reasonable suspicion may be referred to
as justifiable suspicion that the person is armed or dangerous. Stop and frisk
rule is otherwise known as Terry Doctrine.

The requirement for this warrantless search to be valid is that, the search
must be limited only to the outer clothing of the person (*pat down’ search).
If the pat down search fails to manifest any weapon, dangerous material or
fruits of the crime, then the police officer shall release the person subjected
to search.

 What if there is a manifestation after a pat down search that a weapon is

concealed? The police officer should ask the person subjected to search to
expose the material or item. Can the person say no to the request of police
officer? Yes, but the police officer can have a strong ground to hold the
person and detain him temporarily and request for search warrant.

How about if the person reveals the concealed items? The person can be
arrested and police officer can now proceed with complete search (search
incidental to lawful arrest)
 What if the police officer inserts his hands in the area where the item was
concealed and successfully get the same? Is the search valid? No, that
search is not admissible even if the item confiscated upon the insertion of his
hand is a weapon, dangerous material or fruits of the crime.

4. Consented Warrantless Search

Consented warrantless search is a search conducted upon the voluntary

consent given by the person exercising authority over the property or by the
rightful owner.

Can the government authorities conduct search and seizure even without a
search warrant? Yes, provided the person or the owner waives his right
against unreasonable search and seizure.

Can the person without authority over the premise give consent? No, it must
be a person who exercise authority over the premise

 How about if coercion is given to the person? It will not be considered as

consented search and therefore any searched and seized items are
inadmissible as evidence in court.

 How about if the person remains silent at the time of asking his consent? It
will not be considered as a consent and therefore is not considered and
applicable under consented search.

5. Search of Moving Vehicle

In searching a moving vehicle, law enforcement officers are limited only to

visual search. This means that neither:

The vehicle should be completely searched; nor

The person should be bodily searched.

The extensive search and seizure of a vehicle stopped will only be
constitutionally valid if it will be done by police officers who had probable
cause to believe that the driver is a law violator, this vehicle contains some
evidence of a crime or is suspected to commit a crime.

6. Tipped information search

Tipped information refers to the information provided by an informant or any

person regarding the commission of an offense relayed through cellphone,
radio or telephone to the police who will cause his arrest can search and
seize personal property of the person so described.

This doctrine was founded on the principle that acquiring a search warrant
would jeopardize the arrest of would be violator. This is true in cases
whereby police officer is tipped by an informant about the commission of a
crime.

LESSON 9 ETHICS IN INVESTIGATION

TOPICS

1. Ethical Issues

2. Police Ethical Investigation Models

3. Media and Investigation

LEARNING OUTCOMES

At the end of the lesson, you should be able to:

a. explain the factors that cause issues in investigation;

b. examine the different police ethical investigation models; and

c. evaluate the impact of media investigation.

TOPIC 1: ETHICAL ISSUES

Any law enforcement officer tasked to do the investigative role is often
exposed to ethical issues during the conduct of an investigation.

Ethical issue refers to the question of performance whether the act

performed is right or wrong.

In line with police work, this may refer to the conduct of an individual police
officer as to whether or not he acted within the limits of the law.

These ethical issues may include but are not limited to the following:

1. Case overload

2. Nepotism; or

3. Use of Deception

Case Overload

Case overload refers to the accumulation of cases pending for

investigation. Ethical issues may arise when one case is given priority at the
expense of another.

This is especially true in cases between an easier and a more difficult case
that requires investigation. As expected, the police officer will try to solve
easier cases as compared to those that are difficult to handle.

These difficult cases may be due but are not limited to a lack of evidence or
no eyewitness. The tendency is that, difficult cases may be attended to late
or may no longer be entertained at all.

Nepotism Few officers are biased in attending to the complaints of the

victim. This is possible in cases where the victim belongs to a higher status
of the community or a respectable family. As a result, a police officer may
weigh the accounts against the rights of all the victims and a problem arises
when the victim who was not considered as an important one, will not
receive the same services as compared to the others.
Ethical issues also arise when police officers are trying to prioritize and
provide good investigative service in cases where the victims are their
friends, relatives or persons of influence whom they have connections.
Worst, police officers even twist some cases in favor of these personalities.

Nepotism refers to the practice of giving special favors among others,

especially among a circle of friends or families.

Use of Deception An investigation must be objective and reflective of what

is the true crime scene. Simply means, it is free from any deception.

Deception simply means as an act of making others believe in something

which is false. It might be in the form of an untruthful statement or act which
will be construed by others as true.

Obtaining a conviction is the absolute desire in the conduct of an

investigation. However, it must be based on a factual and faithful
investigative process. However, investigators are permitted to use the
concept of deception in instances like during undercover operations or
interrogation processes so long as it does not jeopardize the rights of the
person accused of having committed a crime and within the ambit of the law.
This deception is referred to as ethical deception.

Ethical deception is defined as the process of utilizing the science of

deception done within morally accepted acts and conduct.

In an undercover operation, deception is allowed in cases of entrapment

procedures but not in cases of instigation. This is one of the best examples of
ethical deception.

Entrapment is defined as a form of investigative technique done in order to

apprehend criminals in the act of committing a crime

Instigation is the act of inducing an individual to commit a crime.

In entrapment, there is already a crime committed and the police officers
only use deception to hide their identity. In instigation, however, there is no
crime yet and the individual does not intend to commit a crime – it is the
police officers who deceive and push an individual to commit a crime.
Entrapment is allowed by law and can produce a conviction, while instigation
is not and at all times is barred by the law.

However, it must be noted that deception in the following circumstances are

absolutely forbidden such as but not limited to:

1. Planting of evidence

2. Making spurious evidence

3. Making false reports

4. Making false testimonies in court; and

5. Deceiving fellow officers and superiors.

Ethics in Lying The use of deception increases the chances of apprehending

law violators. It makes it easier to detect suspected criminals. One means of
deceiving is through the use of lies..

Lie may refer to an untruthful statement.

However, some investigators may disregard it as one means in investigating

crimes as lying, no matter how ethical, is still a lie. Some of these reasons
why others opted not to lie are as follows:

1. The public may destroy confidence towards the police

2. Lies are immoral; and

3. Spiritual officers may not permit lying

In addition, the community may no longer believe police officers even if they
are giving truthful information that will be raised in the future as the public is
already aware of police activities. In contrary to those police officers, there
are some who believe in the principle of utilitarianism. The theory of
utilitarianism judges the righteousness of things based on the outcome,
which means that if it can benefit the common people, then it is right. This
means that investigators lie since it is for the common good and the end
justifies the means. In other words, even though lying is wrong but so long
they can solve the case under investigation then it is right. The positive
effect of lying which is to gather evidence outweighs or overcomes the effect
of not lying and not being able to gather evidence.

TOPIC 2: POLICE ETHICAL INVESTIGATION MODELS

Investigating crime is the responsibility of criminal investigators. They

perform tasks as mandated by their department and by the law as a whole.
Nonetheless, they are still subject to both administrative and criminal
liabilities.

Administrative liability refers to the accountability of one individual with

respect to the established rules and regulations of the department.

Criminal liability refers to the obligator in which one is liable for

committing an act or omission to which the public and the law defined it as a
crime.

As police officers are covered by the power to arrest and seize individual
persons, it can also be prone to abuse. The power granted by the state and
the constitution is so enormous that one police officer can even cover up or
incriminate an individual person. With this, the rights of an individual person
must be guarded and police abuses punished.

Police Abuse simply refers to the misconduct committed by an individual

police officer in line with the performance of his duty. In line with
investigation, these police abuses may generally be labelled as:

1. Malfeasance – refers to the performance of an act by which the law or

department rules prohibit him to do so.

Example:
a. Police brutality

b. Instigation

c. Planting of evidence

d. Incriminating innocent person

2. Misfeasance – refers to the improper performance of an act committed

by one who has the option to perform it better.

Example:

a. Incomplete report

b. Omitting important information in the submission of reports

c. Inappropriate response during the investigation process

d. Inadequate investigation skills

3. Nonfeasance – refers to the failure to perform an act as required by law

or department rules and regulations.

Example:

a. Failure to give assistance to victims of crime

b. Failure to respond to complaints brought before their office

c. Failure to inform and update headquarters regarding the status of the case
under investigation

d. Failure to keep records in the chain of custody

Police Ethical Investigation Models refers to the investigation process

conducted against a police officer who is suspected of having violated the
expected standard of obedience in dealing with police matters. Some of
these models are as follows:

1. Independent Model – this model only allows civilian individuals to

conduct an investigation against police officers.

2. Dependent Model – this model limits the investigation of police

misconduct within the police department.
3. Interdependent Model – this model is a combination of police officers
and civilian individuals to conduct the investigation. Police officers do the
investigation while the civilian acts as the investigation overseer.

TOPIC 3: MEDIA AND INVESTIGATION

Media plays an important role in information dissemination, particularly in

matters involving police work.

Media is a form of mass communication done through broadcasting, news

publishing or the internet.

Mass communication refers to the process of information dissemination

done by any media organization on a large scale toward various people in
the community, usually through television or radio.

In connection with police activities, plans and programs, the interest of the
police department is effectively communicated to the public through the help
of the media. Some of these police activities that are aided by the media
very effectively include but are not limited to the following:

1. Identify the perpetrator of the crime

2. Locate a missing person

3. Publicity announcement

4. Police activities and

5. Community engagements

However, it must be noted that not all information should be released to the
media as it will jeopardize any matter involving police work. These may
include, but are not limited to, the following:

1. Conduct of entrapment operations

2. Surveillance of suspected criminals

3. Plans of undercover operations and

4. Intelligence activities
In addition, while media helps in various police works it also carries some
negative impacts on the police organization. These negative impacts may be
due to the following:

1. As media helps to reach people faster, it also makes the public know faster
in cases where police were involved in some illegal activities; and

2. Some media practitioners may leak false information or create stories to

influence and shape the mind of the public against the police organization.