FUNDAMENTALS OF

CRIMINAL INVESTIGATION

DR. NOEL DOMALOGDOG

CRIMINAL INVESTIGATION
Is a collection of facts to
accomplished the three-fold aims:
a. Identify the guilty party;

b. Locate the guilty party; and

c. Provide evidence of his guilt

GOALS OF CRIMINAL
INVESTIGATION
CONTROLLING OF ADDRESSING
CRIMES PROBLEMS
 Deterrence  Problems that the
 Rehabilitation citizens feel the police
 Incapacitation
should resolved
 Crimes are
investigated
PURSUING individually
JUSTICE  Pattern of incidence
 Uphold the norms of should be
the community investigated by the
 Enforcement of laws police
The Six (6) Cardinal Points
What specific offense has been
committed?
Where was the offense
committed?
When was the crime committed?
Who committed the crime?
Why was the crime committed?
How was the offense committed?
CRIMINAL INVESTIGATOR
A person who is in-charge with the duty of
carrying out the objectives of investigation
which are as follows:

1. Identify the criminal;

2. Locate the offender;
3. Provide evidence to prove his guilt; and
4. Act as a witness in favor of the
prosecution
Qualities or Traits
of a Criminal Investigator
Intelligence and Reasoning Ability
Curiosity and Imagination
Observation and Memory
Knowledge of life and people
Possession of Technical “know-how”
Perseverance, “stick-to-itiveness” , and Energy
Ability to recognize and control bias and
prejudice in one’s self and on the job
Sensitivity to people’s feelings
Honesty and Courage
Not Overzealous and does not commit Perjury
Ability to communicate effectively
TOOLS OF CRIMINAL INVESTIGATION (3
I’s)
1. INFORMATION 3.
 Data gather by the INSTRUMENTATION
investigator:  Scientific examination
 Public Records of real evidence
 Private Records
 Modus Operandi  Application of
Files instrument

 Methods of physical
2. INTERROGATION
 science in detecting
Skillful questioning
crimes
of hostile witnesses
and suspects
PHASES OF INVESTIGATION
1. The criminal is identified;

2. He is traced and located; and

3. The facts proving his guilt

are gathered for court
presentation
Characteristics of
Criminal Investigation
It is usually Reactive in nature
- means that they proceed with the case immediately
after a crime has been committed

Investigator generally works with Deductive Logic

- it is done logical progression through sequence of
events from general to specific

Investigation case files are considered as Open

Files
- information developed for the purpose of making an
arrest and gaining conviction in court
Identification of Criminals
By Confession or Admission of the
Criminal

By Testimonies and Identification

done by Witnesses

Identification based on Evidence

Identification by Modus Operandi

CONFESSION
An expressed acknowledgement by the
accused in a criminal case of the truth
of his guilt as to the crime charged, or
of some essential thereof
“Statement of Guilt”

ADMISSION
Any act, assertion, or statement made
by a party to an action that is offered
as evidence against that party by the
opponent
“Statement of Fact”
Kinds of Confession
1) EXTRA JUDICIAL CONFESSION
 Confession made outside the court
during preliminary investigation before
trial

Types of Extra Judicial

Confession
1. Voluntary – the accused made the
declaration of his guilt:
a. in his own freewill;
b. without the influence of others;
 2. Involuntary – person made the
statement of his guilt on consonance of
the first type (Voluntary)

2) JUDICIAL CONFESSION
 Confession made inside the court during trial
 Usually voluntary and therefore admissible as
evidence in court
 and it must be:
 Undertaken in writing;
 Executed while the person is under oath;
 Written in a language understood by the
accused;
 Voluntary and freely given by the accused; and
 Taken while in the presence of counsel chosen
by the accused
What is Deposition?
A testimony of a witness reduced in
writing under oath or affirmation,
before a person empowered to administer
the oath, in answer to interrogatories and
cross interrogations submitted by the
party desiring the deposition
To take the testimony of the witness who
will be at a prohibitive distance from the
scene of the trial or he will not be able to
testify in person at the trial
It should be taken by an attorney and not
Identification by
Actual Witness of the Perpetrator
By means of Verbal Description

By means of Police Line-up

- witness must select in a group of seven (7) to ten
(10) persons the suspect
- the objective is to eliminate the power of suggestion

By means of Rogue Gallery (Allan Pinkerton)

- identification photographic file
- contains data base of photographs of known
criminals
Police Line-up Rogue’s Gallery
Circumstantial Evidence
is also known as indirect evidence

relates to series of facts other than the

particular fact sought to be proved

information and testimony presented by a

party in a civil or criminal action that
permit conclusions that indirectly
establish the existence or nonexistence of
a fact or event that the party seeks to
prove
Circumstantial Evidence
may derive from:
Motive
- an emotion, desire, physiological need, or
similar impulse that acts as an incitement to
action
- a reason for doing something, esp. one that
is hidden or not obvious

Opportunity
- refers to the physical possibility, likelihood
or chance that the suspect has committed the
crime
 - it may inferred from the following:
a. suspect within the vicinity of the
crime scene at the time of its commission;
b. awareness of the criminal objective;
and
c. absence of an alibi or excuse on the
part of the suspect

Intent
- purpose to use a particular means to effect
a result
- presumed from the commission of an
unlawful act
Associative Evidence
originates from contact between:
1. people
2. objects
3. people and objects

can be used to provide links between

evidence and individuals involved in a
crime

may be sufficient to prove the contact

Tracing Evidence
Pieces of evidence that can link a person to a
crime or crime scene which are microscopic
in nature
Areas of interest include:
1. The development of new tools and
techniques to detect, collect and preserve
evidence from crime scenes.
2. Instruments that decrease the time
and labor needed for trace evidence analysis.
3. New approaches and enhancement of
current approaches to interpreting trace
CORPUS DELICTI

Known as the “body of the crime”

Fact that the crime was committed

 INTERVIEW
AND
INTERROGATION
INTERVIEW
asking question to a person

who is believed to possess knowledge

that is of official interest to the

investigator

who is cooperative in the conduct of

investigation
To consider in Interviewing:
1) His ability to observe
2) His ability to remember
3) His ability to narrate
4) His mental weakness because of
stupidity or infancy
5) His moral weakness because of
drunkenness, drug addiction, his being a
pathological liar or similar actors
6) Emotional weakness springing from such
sources as a family problems, hatred,
revenge and love
Interviewer/Interrogator’s
Personal Traits
Practical Purposeful, persistent
Psychologist and patient
Has a sincere Analytical
interest in people Flexible and cautious
Calm Good actor and can
and has
discipline conceal his own
emotion
Courteous, decent
Avoid third-degree
and sensitive
tactics & never
Self-assured and deviates from the
professional fundamental
Cordial, agreeable principles
Types of Interview

1.On-the-scene Interview
2.Formal Interview
Requisites of Interview
1) Establish Rapport

2) Forcefulness of Personality

3) Breadth of Interest
Setting of the Interview
Background Interview
- personal information
Routine Criminal Cases
- devote his full attention
Important Criminal Cases
- arrange the interview in places other than
his home
- investigator’s own office is the ideal
Appropriate Time
- interview should take place as soon as
possible after the event
Usual Stages of Interview
1. Preparation
• mentally review the case and consider what
information the witness can contribute

2. Warm-up
• first few minutes will determine the tenor of
the interview
• mental note should be made of
inconsistencies and other matters requiring
clarification
• “size him up” or assessing the interviewee
3. Questioning
• request to amplify certain points
• matters which have not been talked should be
treated
a. Guiding the conversation
b. Corroborating
c. Inaccuracies
d. Techniques of Questioning
1. One question at a time
2. Avoid implied answer
3. Simplicity of question
4. Saving face
5. Yes or No question
6. Positive attitude
7. Controlling the interview
Classes of Interviewees
Children
- flights of imagination
Young Persons
- inclined to be truthful but their testimonies are
not strengthened by great power of observation
Middle-Aged Person
- keenly aware of his fellow beings and often
ideal witness
Older Person
- physical impairment and a tendency to regress
into self pre-occupation
Types of Interviewees
Know-nothing Honest Witness
Type
Deceitful Witness
Disinterested
Timid Witness
Type
Boasting, Egoistic
Drunken Type and Egocentric
Witness
Suspicious Type
Refusal to Talk
Methods of Recording
the Interview
1) Mental Notes

2) Written Notes

3) Stenographic Notes

4) Sound Recording

5) Sound and Motion Pictures

INTERROGATION
skillful questioning of a person

who is uncooperative in the conduct

of investigation

reluctant to divulge information

pertinent to the conduct of

investigation
Fundamental Rules
Sec. 12, Art. III of the 1987 Phil.
Constitution

R.A. 7438 entitled “ An Act Defining

Certain Rights of a Person Arrested,
Detained or Under Custodial
Investigation as well as the Duties of
the Arresting, Detaining and
Investigating Officers and providing
Basic Requirements of an Interrogation
Room
Privacy

Simplicity

Seating Arrangement

Technical Aids

Interrogation Log
Interrogation Techniques
Emotional Appeals

Sympathetic Approach

Kindness

Extenuation

Shifting Blame

Mutt and Jeff

 PROCEDURE AT
THE CRIME SCENE
Steps to be followed upon Arrival at the
Crime Scene
1) Record the date, arrival time and weather condition
2) If injured person is on the scene, arrange medical
attention, identification and removal
3) If the offender is at the scene, apprehend him
4) If the scene is fully protected, ensure its protection
by using other policemen or other responsible
persons
5) Determine and record the names of the persons at
the scene who may be a witness and separate them
6) Conduct preliminary questioning of witness,
suspect and victims
7) Note the names of all persons officially present
Recording the Crime Scene
Write down the identification of persons
involved and what he initially sees
Draw a basic sketch of the crime scene
and takes the initial photographs (if the
photographer is not available)
Ensure that the image of the crime scene
is recorded before any occurrence that
disturbed the scene
General rule, do not MAC (Mutilate, Alter
& Contaminate) the crime scene or the
evidence
Ideal Cordoning of the Crime Scene
a) Outermost one is set up to keep off
curious onlookers;
b) Second barrier would allow entrance
only to law enforcers, government
officials, and members of the press
c) Innermost is primarily intended to be
accessed by those persons directly
involved in the case (Investigator and
SOCO Team)
Methods of Crime Scene Search
1. Quadrant Method

2. Strip Method

3. Double Strip Method

4. Spiral Method

5. Wheel Method
 ARREST
&
SEARCH AND SEIZURES
Arrest
All arrests should be made only on the
basis of a valid Warrant of Arrest issued
by a competent authority, except in
instances where the law allows
warrantless arrest.

No violence or unnecessary force shall

be used in making an arrest, and the
person to be arrested shall not be
subjected to any greater restraint than
what is necessary under the
Warrant of Arrest
1) Who Issues a Warrant of Arrest
- only judges are authorized to issue Warrants of Arrest
and Search Warrants

2) Commitment Order in lieu of Warrant of Arrest

- a Warrant of Arrest is no longer needed if the accused
is already under detention
- is issued by the judge in lieu of the Warrant of Arrest

3) Immunity from Arrest

The following are immune from arrest:
1) A Senator or Member of the House of the
Representatives while Congress is in session for an offense
punishable by not more than six years of imprisonment.
2) Diplomatic Agents, Under the Vienna Convention
on Diplomatic Relations.
Implementation of
Warrant of Arrest
The head of the office to whom the warrant of
arrest has been delivered for implementation
shall cause the warrant to be implemented
within ten (10) days from receipt

Within ten (10) days after the expiration of

such period, the police officer to whom it was
assigned for implementation shall make a
report to the judge who issued the warrant and
in case of his failure to implement the same,
shall state the reasons thereof
Time of Arrest

As a general rule, arrests should

be made on any day of the week
and at any time of the day or
night
SEARCHES AND SEIZURES
Requisites for Issuance of Search Warrant
A search warrant shall be issued only upon
probable cause in connection with one specific
offense to be determined personally by the
judge after examination under oath or
affirmation of the complainant and the
witnesses he may produce.
The search warrant shall particularly describe
the place to be searched and the things to be
seized which may be anywhere in the
Philippines.
The following properties may be the objects
of a search warrant:
a. Properties which are the subject of the
offense;
b. Stolen, embezzled proceeds, or fruits of
the offense;
c. Objects including weapons, equipment,
and other items used or intended to be
used as the means of committing an
offense

“Objects that are illegal per se, even if not

particularly described in the search
Applications for Search Warrant
All applications for Search Warrant shall be
approved for filing by the Chief of Office

The application shall indicate the following data:

a. Office applying for the Search Warrant;
b. Name of officer-applicant;
c. Name of the subject, if known;
d. Address/place(s) to be searched;
e. Specific statement of things/articles to be
seized; &
f. Sketch of the place to be searched
Time of Search
The warrant should be served during
daytime, unless there is a provision in
the warrant allowing service at any
time of the day or night.
Valid Warrantless
Searches and Seizures
a. Search made incidental to a valid arrest
Person lawfully arrested may be searched
for dangerous weapons or anything which
may be used or constitute proof in the
commission of an offense without a search
warrant

The warrantless search and seizure as an

incident to a lawful arrest may extend
beyond the person of the one arrested to
include the premises or surroundings
b. Search of moving vehicles
if the police officers who will conduct
the search had reasonable or probable
cause to believe,
before the search, that either the
motorist is a law offender or they will
find the instrumentality or evidence
pertaining to a crime in the vehicle to
be searched,
the vehicle may be stopped and
subjected to an extensive search.
c. Seizure of evidence in plain view
- Any object in the plain view is subject to
seizure and may be introduced as evidence.
Requirements under the Plain View Doctrine
are:
1) The police officer must have prior
justification for an intrusion or, otherwise,
must be in a position from which he can
view a particular area;

2) The discovery of the evidence in plain view

is unintentional;

3) It is immediately apparent to the police

officer that the item he observes may be
d. When there is waiver of the right
or there is consented search
To constitute a waiver of this
constitutional right, it must
appear, first, that the right exists;
second, that the person involved
had knowledge, either actual or
constructive, of the existence of
such right; that said person had
an actual intention to relinquish
the right.
e. Searches Under Stop and Frisk
Rule

The police officer has the right

to stop a citizen on the street,
interrogate him, and pat him for
weapons whenever he observes
unusual conduct which
convinces him that a criminal
activity exists.
f. Emergency and Exigent
Circumstances

A search warrant could be validly

dispensed with in cases of exigent and
emergency situation, and the police
officers have reasonable ground to
believe that a crime was being
committed, and they have no
opportunity to apply for a search
warrant from the courts because the
latter were closed.
g. Tipped Information

If the police officers have

reasonable grounds to believe
that the subjects are engaged in
illegal activities, the tipped
information is sufficient to
provide probable cause to effect
a warrantless search and
seizure.
References
Handouts in Criminal Investigation

Fundamentals of Criminal Investigation

- Oscar Gatchalian Soriano
BSCrim, MSBA, MACrim, PhDCrim

World Wide Web

Good Luck
&
God Bless!