FUNDAMENTAL OF INVESTIGATION AND INTELLIGENCE

CDI-1 TH&F Room LRO7 2:00PM to 3:30PM

UNIT – 1 HISTORY OF CRIMINAL INVESTIGATION

2100 B.C. Babylon

At about 1750 BC, Hammurabi, King of Babylon, created one of the first bodies of written law. The code
was then implemented to detect those who refused to obey the law. It imposes the LEX TALIONES (Law
of Retribution) principle where the punishment of an offender was equal to what he did. The principle
also refers to the concept know as, “An eye for and eye and tooth for a tooth.”

5th Century B.C. (Rome)

This century marked Rome for the creation of the first specialized investigative unit which was named as
Questors or Trackers or Murderer. (One of numerous ancient Roman official concerned chiefly with
financial administration Latin Quaerere.)

6th Century B.C. (Athens)

This era adopted an unpaid magistrate (judge) to make decisions to the cases presented to them. This
magistrate was appointed by the citizens.

Reign of Alfred the Great

He established a system of “MUTUAL PLEDGE” (Social Control), which was organized for the security of
the country into several levels such as the following;
Ten Tithing – This was done by grouping a hundred persons into one under the charge of a high
constable. Hue/type and cry were employed. The constable who was considered the first form of English
Police dealt with more serious breaches of law.
Tithing – This was performed by grouping ten persons to protect one another and to assume
responsibility for the acts of the group’s members. The one who heads the group was called chief.

The time of Christ (Rome)

The Roman Emperor Augustus picked out special, highly qualified members of the military to form the
Praetorian Guard, the Praefectus Urbi and the Vigiles of Rome. Functions as follows;
Praetorian Guard – This guard was considered the first police officer in Rome, with the job protecting
the palace of Rome and the emperor.
Praefectus Urbi – Their function is to protect the city, exercising both executive and judicial power.
(Execution of the laws and Relating to a judgement, the function of judging)
Vigiles of Rome – They began as fire fighters, granted with law enforcement responsibilities and
patrolled Rome’s streets day and night. They were considered as a civil police force designed to protect
citizens. They were considered quite brutal and it is where the word “VIGILANTE” came from.

1285 A.D. The State of Winchester (England)

This was enacted to establish a rudimentary criminal justice system in which most of the responsibility
for law enforcement remained with the people themselves. This statute established the following;
The Watch and Ward Act
Hue and Cry System
Parish Constable become primary urban law enforcement agent in England; and
All males kept weapons in their home for maintaining public peace.

Jonathan Wild (England)

He was a buckle maker and a brothel operator and a master criminal who become the London’s most
effective criminal investigator. He was the most famous thief catcher. He conceived the idea of charging
a fee for locating and returning stolen property to their rightful owners. (A building in which prostitute
are available)

Henry Fielding
He founded the Bow Street runners. This called London’s first professional police force (originally
numbered just eight) and was considered as the foundation of all modern police forces.
John Fielding
As a younger brother of Henry Fielding, He was appointed as Henry’s personal assistant in 1750. He also
helped Henry to root out corruption and improve the competence of those engaged in administering
justice in London. He also introduced the practice of developing informants, printing wanted notices,
employing criminal raids and bearing firearms and handcuffs. The blind John was known as the “BLIND
BEAK” and allegedly abled to recognize 3,000 criminals by the sounds of their voices.

Patrick Colquhoun
He published a book known as, “The Commerce and Policing of the River Thames”. He was also credited
for his innovation for the critical development and three decades later, led to Robert Peel’s “new
police”. Colquhoun with Master Mariner John Harriot developed the Marine Police Force or sometimes
known as the Thames River Police.

Eugene “Francois” Vidocq

He established a squad of ex-convicts to aid the Parish Police in investigating crimes. He worked under
the theory of “SET A THIEF TO CATCH A THIEF”. He introduced the concept of “TRADE PROTECTION
SOCIETY,” which became the forerunner of our present day credit card system. For a fee, any owner of a
shop or business establishment could obtain particulars concerning the financial solvency/wealth of new
customers.

Dr. Edmond Locard

He was also a prisoner on forensic science and become known as the Sherlock Holmes of France. He
promulgated the basic principle of forensic science. “Every contact leaves trace”. This became known as
“LOCARD’s Exchange principle”.

Sir Robert Peel (London)

He established the London Metropolitan Police Force (LMPF), which became the world’s first modern
organized police force. LMPF did not only become a model for the American police system but also had
greatly influence on the style of policing in almost all industrial societies. He also introduced the
techniques in detecting crimes such as detectives concealing themselves, and secretly photographing
and recording conversation. LMP employed first undercover officer.

Texas Ranger
This organized as the first law enforcement agency with statewide investigative authority. This is also the
forerunner of the FBI.

1839, William Henry Fox Talbot

He explained his photographic process to the Royal Society of London. This year was known as the birth
of photography

Kate Wayne
She was the first woman detective in the history of criminal investigation. She was hired by the
Pinkerton Agency and contributed to solving big cases in USA.

USA
The Appellate Court of USA recognized/accepted photographs as evidence in court proceedings upon its
relevancy and after thorough verification.

1866, Thomas Byrnes

He was a keen/powerful-minded individual who trained his detectives in recognizing individual criminal
techniques. He founded the criminal “Modus Operandi”. This is a Latin phrases approximately translated
as “Method of Operation”.

1866, Jessie James Gang

The gang made the first hold-up which marked the beginning of the gang’s 15 years hold-up and robbery
spree (12 bank hold-up and 12 train stages coach robberies in 11 states). Clay Country Saving Association
was their first victim and took $60,000.00
Howard Vincent
The newly organized criminal investigation department in Scotland Yard.

1882, Alfonso Bertillon

He introduced the first systematic identification system based on the Anthropological measurement.
(Anthropometry Berton System) He was considered the founder of Criminal Investigation as well as the
Father of Identification. The system recorded anthropometric measures and personal characteristics
such as color of eyes, scars and deformities.
(Measuring of Body, Head)

Francis Galton
He published his study on classifying fingerprints and recognized the uniqueness of the fingerprints to be
used as evidence against the suspect.

Paul Leland Kirk

A chemist and forensic scientist, he is the most known for his work on blood spatter evidence. He
applied this expertise on bloodstain pattern analysis to the Sam Sheppard homicide case.
The US Supreme Court established procedural guidelines for taking criminal confessions. The case is the
origin of the present Miranda rights of every accused under custodial investigation.

1977, USA
The FBI introduced the beginning of Automated Fingerprint Identification System (AFIS) with the first
computerized scans of fingerprints.

1986, England
Deoxyribonucleic Acid (DNA) typing was first used to solve a crime DNA is unique to every individual and
can be used for personal identification.

New York vs. Castro

This was the first case in which the admissibility of DNA was seriously challenged. It set in motion a
string of events that culminated in a call for certification, accreditation, standardization and the general
forensic community. (PBS Website, 1995-2014)

Allan Pinkerton
Being engaged in business as a barrel maker in1846, he captured a gang of counterfeiters and was
consequently elected as a county sheriff. (Region, Municipal or Province or City)
In 1850 he organized the Pinkerton’s National Detective Agency and was appointed as the first city
detective in Chicago. The recovery of a large sum of money stolen from the Adams Express Company
and the discovery of a plot to murder Abraham Lincoln. He was considered as the America’s foremost
private detective. The individual truly deserves the title of “America’s Founder of Criminal Investigation.
Among method he pioneered were “SHADOWING” “ROPING,” WOKING in undercover capacity with a
motto, “WE NEVER SLEEP”.

1901-Criminal Investigation in the Philippines

The Criminal Investigation Service (CIS) now known as CIDG, can trace its humble beginning out of an
urgent need for a unit that would handle investigation of major crimes especially against national
security and at the same time, free other Philippine Constabulary Units from this time consuming and
highly specialized of criminal investigation. Hence, this crime-fighting unit came into being the creation
of Investigation Section (IS).

Miranda vs. Arizona (1966)

Mr. Ernesto Miranda, a Latino who was accused of kidnapping and rape in the State of Arizona. The
Arizona police interrogated him exhaustedly leading to his confession. Based on his confession, he was
charged tried and convicted. Appeal to his convection was made before the Arizona Supreme Court but
his conviction was affirmed/admitted. Then the appeal was elevated to the US Supreme Court where
there was a reversal of the decision and he was acquitted on constitutional grounds.
He was in the case that the US Supreme Court laid down the constitutional rights of the accused during
the custodial interrogation. This constitutional right was also incorporated in the 1973 Philippines
Constitution and later in the 1987 Constitution of the Philippines. This is known as Miranda Rule,
Doctrine or warning.

The rights of a person under custodial investigation are as follows;

1. Right to remain silent. Anything that he/she may say may be used against him/her in any court of
law.
2. Right to have a counsel preferable of his/her own choice and if he/she has none, the government
must provide one for him.
3. Right to be informed of the nature of the charges against him and whatever he/she says may be
used for or against him/her; and
4. Right to be informed of such right under the constitution.

Gideon vs. Wainwright (U.S. 1963)

The Supreme Court held that the Sixth Amendment, which guaranteed criminal defendants the right to
counsel, requires State government to provide attorney for the indigent (poor) criminal defendants.

Escobedo vs. Illinois (U.S. 1964)

The court held that a suspect has a right to have an attorney present when being interrogated in police
custody as well as during a trial.

Morales vs. Juan Ponce Enrile, 1983 (GR#61016; SCRA 538)

The Supreme Court of the Philippines ruled in this case and made a clear remark that the Miranda
Warning as it is generally called had to be made so that a confession can be admitted.

CRIMINAL INVESTIGATIONS

ELEMENTS OF CRIMINAL INVESTIGATION

TWO (2) THEORIES to protect citizens from criminal attack were envisioned by the police:

Crime Prevention – On its broadcast application it seems permissible to claim that crime prevention
includes the elimination of the desire and opportunity to commit crime.
Crime prevention is also known as the 1st line of defense.
Crime Investigation – The second line of defense wherein the event a crime is committed and the
suspect escape from the first line of defense (crime prevention) the second line of defense will take
over, follow-up the case and arrest the suspect. Follow-up investigation is usually by operatives also
known as detective assigned with various special units of the police department depending upon the
nature of the case.

THEORY – is a set of interrelated proposition the attempt to described, explain, predict and ultimately
control some classes of events. A theory gains explanatory power from inherent logical consistency and
is “TESTED” by how well it describes and predicts realty. Theories are attempts to explain the following;
1. The organized existing knowledge about a subject into a coherent framework.
2. They help provide direction for future research on the topic.

DEFINITION/CONCEPT OF CRIMINAL INVESTIGATION

1. Identify the offender
2. Locating and arresting him
3. Simultaneously gathering the evidence to convict him in court.

There are several definitions of criminal investigation, depending on which book you read. Criminal
investigation is considered an art, but some authors considered it is a science and still other considered
it as a process.

Who is criminal investigator?

A criminal investigator is a person who collects facts to accomplish a three-fold aim; to identify and
locate the offender and to provide evidence of his guilt.
Basic Functions
1. Providing assistance
2. Securing the crime scene
3. Photographing, videotaping & sketching
4. Taking notes and writing reports
5. Searching for, obtain and processing physical evidence
6. Obtaining information from witness and suspects
7. Identify suspects
8. Conducting raids, surveillance, stakeouts and undercover assignments
9. Testifying in court

What is investigation?
Investigation means to follow step-by-step by patient inquiry or observation; to search into; to examine
and inquire into with care and accuracy; to find out by careful inquisition; the taking of evidence; a legal
inquiry.
The word investigate is derived from the LATIN WORD vestigare meaning “to attack or trace”. A
derivation easily related to the police investigation. A criminal investigation seeks all facts associated
with a crime to determine the truth; what happened and who is responsible?
If a crime is suspected or known to have been committed, the police conducted the investigation. They
may investigate alone; they may seek help from medical and technical specialists.

DESIRABLE TRAITS OF THE INVESTIGATOR

Superior reasoning ability- The ability to analyze logically a multitude of facts and determine how they
interrelate is basic to the investigative purpose.
Superior reasoning ability is closely related to the concept of critical thinking. Originally developed by
psychologists and educators, this method of reasoning challenges one to adopt an attitude of fair
mindedness, intellectual caution and an openness to question common or assumed belief, critical
thinkers will find supportable reasons to accept or reject an assumption and are never hesitant to seek
an explanation of the “WHY” of an event.
Deductive and inductive methods of reasoning
Methods of reasoning that assist critical thinking which are peculiar/unusual to the investigative process
are basically of two types.
Inductive reasoning – A thinking process in which a conclusion is reached only after all particular facts
are gathered and considered.
Inductive and deductive reasoning must be exercise in the investigative process. Taking specific facts
and information, one employs inductive reasoning to attempt to arrive at general conclusions about
what happened causing one to know what is known and then attempt to reach a theory on what is
unknown. The investigator takes two or more premises and draws a conclusion from them as to what
actually happened at the nature of the case.

Example
Let us assume that an investigator is examining crime scene involving a subject found dead by a gunshot
wound to the head. A handgun is located near the hand of the deceased and the officer is informed that
the subjects had a painful terminal illness. The office concludes that the gunshot wound was self-
inflicted an example of deductive reasoning.
If the offender had not formed a conclusion as to the cause of death, but waited for the result of further
investigation and evidence gathering and then formed a conclusion based on all known facts, inductive
reasoning would have been at work.

Although the use of inductive reasoning may prevent a narrowing of perceptions and speculations, its
exclusive use may also postpone or eliminate the direction and momentum/drive necessary to gather
evidence or to make an arrest. Because successful arrests and/or property recovery is highly dependent
on action during the early stages of an investigation, the passage of too much time will often work
against the success of the case.
Imagination and Curiosity
The present day investigator mush have both imagination and curiosity – and the ability the use them
advantageously. To simply assemble the facts of a case may not be enough to “GET THE WHOLE
PICTURE”.
Imagination – forming mental images of what is not present or crating new ideas by combining previous
experiences – is indispensable in many investigations that are not complete. An investigator who has
difficulty accounting for factors that is not immediately apparent is working at a disadvantage.
Curiosity – is a desire to learn by being inquisitive (Tending to ask question; having a desire to know or
learn more)

Intuition
This trait is defined as immediate apprehension or cognition/understanding – quick and ready insight
without the conscious/aware use of reasoning. It has often been pointed out that may police officers
have “SIXTH senses” resulting in “HUNCHES” that those outside the profession rarely perceive. (To push
or put /someone or something/ in a rough, careless or hasty manner; thrust. Ex. I would hunch my
chair…closer to my dear and only cronies)
In fact, intuition is often the result of combination of experience and training. Applying one’s past
experience to a present situation is generally a subconscious thought process. This, of course, applies to
knowledge acquired during education and training.

Observation skills
The ability to observe is a normal condition for most people. Yet observational skill must be highly
developed in the investigator. The act of observing is a noting and recording facts. Under most
circumstance, the investigator will use the senses of seeing and hearing, the former being the more
significant. The power of observation can be developed so that it is far above normal level.
For example
The criminal investigator must be able to note visual details while observing a subject for only a brief
time. The accuracy of description of facial features, clothing, automobiles and so forth/out is crucial
importance in a criminal case. Obtaining accurate search warrants, providing descriptions of wanted
persons and vehicles and reliable testimony in court all depend upon the power of observation. The
ability to retain visual images can be heightened through progressive memory training. This can be done,
either formally or by self-training.

Organize ability
The nature of investigative work frequently demands a high degree of organizational ability. Like the
successive business executive, the police investigator is continually processing various types of
information. Written information, verbal information, current cases assignments and follow-ups of past
investigations all require an ability to organize. The investigator is receiving and processing formal
reports from multitude of sources. The demands an orderly method of information retention that will
result in the availability of records and facts when needed.

Substantial Legal Knowledge

Today’s investigator must possess a solid grounding in criminal law and to a lesser degree in civil law. It
is not uncommon, particularly in large cities and municipalities, for the prosecuting attorney, to rely
heavily on the investigator’s judgement for legal evaluation of a case. This is normal due to the large
number of criminal cases assigned to the prosecutor, leaving little time for pretrial discussion. Thus, the
assistance of an officer is able to determine an illegal or questionable aspect of a case is very important
to the prosecution. Although civil investigation (cases involving private wrongs) do not generally involve
the investigator of a police agency many citizens will report civil violations for police action. The officer
must then be able to distinguish between a criminal violation and civil violation in order to determine
appropriate action.

Basic Elements of the Investigative process

Successful investigations are based on a systematic plan and proceed in orderly and logical manner.
Without such plan, relevant and highly significant information (evidence) may be overlooked, may be
improperly gathered and wrong conclusion may be drawn. Effective criminal investigation requires
accurate information.

BASIC ELEMENTS OF THE INVESTIGATIVE PROCESS

Recognition – information relating to a crime must be recognized as such by the investigator
Example. Drops of blood at a homicide scene; a witness who saw the robbery; bank and property record
of a government grafter. (to unite)

Collection – relevant information must be collected by the investigator

Examples; Scrapping of the dried blood at the homicide scene; interviewing the witness in a robbery; or
direct observation of a grafter’s bank and property records.

Prevention – the information must be preserved to insure its physical and legal integrity.
Example; Sealing the blood scrapping in a plastic container, obtaining a signed statement from the
witness; making photocopies of the grafter’s bank and property records.

Evaluation – Finally the information must be evaluated by the investigator to determine its worth in
prosecuting the suspect.
Examples; the blood scrapping must be analyzed to ascertain its type. There are four types of human
blood used in criminal investigation, viz – type A,B, AB and O; after which, a process of elimination must.
He conducted to connect a suspect to the crime. A witness to the robbery may identify the suspect from
a polite-line up, or the bank and property records will indicate ill-gotten money by the grafter.

Elements of Crime – Crime exists through the presence of the following

Motive
Opportunity
Instrumentality/Capability

Two kinds of Criminal Investigation

1. The suspect is under arrest and detention
2. Investigation while the suspect is “AT LARGE”.
Legally speaking, the term “AT LARGE” is not synonymous to “FUGITIVE from JUSTICE”. The former, not
being a wanted person before the eyes of the law, and therefore, cannot be lawfully arrested without a
warrant. The latter is necessary an escapee from detention or an escaped prisoner while serving
sentence by virtue of final judgement rendered by the court. (Without warrant under Rule 113).

Three phase of Criminal Investigation

1. The Criminal is identified
2. The criminal traced, located and arrested
3. The fact or evidence to prove his guilt is gathered for introduction during trial.

Goals of Criminal Investigation

1. To determine whether a crime has been committed.
2. To legally obtain information or evidence
3. To arrest suspects
4. To recover stolen properties
5. To present the best possible case to the prosecutor

> Modes of Investigation

1. Reactive mode of investigation addresses crimes that already happened or occurred.
2. Proactive mode of investigation identifies and arrests suspects before crime will happen.
> Is an investigation is an Art or Science
Investigation is a MIXTURE of an Art and Science. Investigation is a science because there are certain
rules that should be followed to conduct a successful investigation. It is also an Art because it depends
on the skills of the investigator, including interpersonal communication and creativity.

95 % Perspiration (Sweet)
3 % Inspiration
2% Luck
Criminal Investigator – refers to the person who performs an investigation. He also known as prober and
is considered as the superstar in the process of investigation. (Careful investigation)

Police Investigator – PNP uniform personnel PCO & PNCO

Police Detective – refers to PNP personnel who was previously certifies as a police investigator but was
able to complete 18 units of Master’s Degree and completed the Police Detective Investigation of cases
and appearance in court duties to support the successful filing and prosecution.
Case Manager – PCO who was previously certified as Police Investigator but was able to complete a
Master’s Degree, Completed the Investigation Officers Management Course (IOMAC). (NAPOLCOM Cir.
2013-002)

Roles of Criminal Investigator

1. Determine whether the crime has been committed
2. Identify the victim/s and the offender
3. Locate and apprehend the offender
4. Present evidence of guilt for the offender/s
5. Assist in case follow-up

Characteristics of Competent Criminal Investigator

1. Perseverance – It refers to the steadfastness, persistence and resolution to bring the desired
conclusion in spite of obstacles connected with criminal investigation.
2. Endurance – This is the ability of the investigator to last physically and mentally hence he must
have extraordinary physical and mental energy, enduring sleepless night and tiresome/annoying
days.
3. Incorruptible honesty and integrity – This refers to the degree of the honesty and integrity of
the investigator on several temptations over money that re offered to affect the investigation.
Women and drinks are tricks of temptation.
4. Intelligence and Wisdom of Solomon – This is very important order that the investigator could
easily decipher/interpret falsehood from truth and separate the grain from the chaff. (Particle,
Joke)
5. Acting activity – it refers to the ability of the investigator in stopping down to the level of a
minor, the prostitute or the slum dwellers, professionals o other members of the elite during the
investigation process.
6. Oral and written communication – Every investigator should have a basic knowledge on both
and oral and written communication in probing a certain issue in order that he will not suffer
setback in getting accurate facts especially in the preparation of reports or transmittal of
information. This includes the use of appropriate words in making a report and writing
observations and descriptions of places, things and events.
7. Observation and description- The investigator should be keen/extreme observer and knows how
to accurate describe anything. This is important in crime scene investigation and in conducting an
interview and interrogation.
8. Courage – It is a moral fortitude/strength of the investigator should have basic knowledge on
legal matters concerning investigation. (Dauntlessness)
9. Knowledge on Laws – the investigator should have basic knowledge on legal matters concerning
investigation.
10. The power to “read between the lines” this refers to the ability of the investigator to interpret
the words phrases/catchword encountered in the process of investigation into their deeper
meaning in order to arrive with a concrete meaning a certain statement.
11. Technical knowledge - This refers to the investigators capability of defense tactics, use of
firearms and the like. In many occasions he will be alone in confronting, arresting, bring to
headquarters and interrogate the suspect.

UNIT – 3 KEY PRINCIPLES IN CRIMINAL INVESTIGATION

Basic Elements of Criminal Investigation

 Recognition – involves the effort of identifying data, including physical things that may provide
relevant information regarding the criminal case being investigated. (The sooner the case will be
solved)
Collection – refers to the act of gathering those identified data or facts or physical things that are
significant to the case under investigation.
Preservation – is a function that is almost simultaneously performed during the collection stage. It
includes the act of keeping the collected pieces of evidence in their true and original form,
preventing contamination or destruction of their substantive value. (Includes, facts, information,
witnesses)
Evaluation – refers to the process of determining the probative/confirmatory value of the evidence.
Probative value refers to the strength of the evidence.
Presentation – This is primarily manifested/clear in the courtroom. The investigator with the help of
the help of the prosecutors must be able to present facts and information in a very simple and
convenient manner in order to convince the court.

Cardinal points of criminal investigation (Basic) 5Ws & 1H

Who questions; to identify the victim, suspect, companions & witnesses.
1. Who reported the crime? Who discovered the crime?
2. Who saw the crime was perpetrated?
3. Who is the victim? Who had any misunderstanding with him?
4. Who is the perpetrator/offender?
5. Who are the companions, associates or accomplices of the perpetrators?
What questions; what happened or what took the place before, during and after the offense.
1. What happen?
2. What specific the action did the suspect/victim/witness do?
3. What is the nature of the crime?
4. What was/were the weapon/s or tool/s used by the culprit?
5. What where the pieces of the evidence discovered at the crime scene
Where questions; Localize the incident or the location of the crime scene
1. Where was the crime discovered?
2. Where did the offense take place?
3. Where are the victims, witnesses or culprit?
4. Where do the victims/witnesses/culprit live?
5. Where was the suspect when he was apprehended?
6. Where the weapons or tools used in the crime?
7. Where did the investigator secure or obtain the evidence?
When questions; determine fixe time, day, month & year when the crime committed.
1. When the crime was committed?
2. When was it discovered?
3. When was the police notified?
4. When was the victim last seen?
5. When was the suspect arrested?
Why questions; the motives, causes, antecedents/backgrounds, previous, incident, related facts.
1. Why did the offender do it?
2. Why did he kill the victim?
3. Why didn’t he just let the victim go?
4. Why didn’t the suspect surrender?
How questions; can help the investigator determine how the crime was committed.
1. How did the suspect get near to the suspect?
2. How did he perform the crime?
3. How did the criminal get all the necessary information?
4. How did the criminal get away from the crime scene?
5. How was the crime scene search conducted?
Purpose of 5Ws and 1H
 It’s an aid of the investigator in searching the crime scene.
 Guide question of the investigator
 Assist investigator and disk officer in making statements of facts in the logbook/blotter.
 Help the investigator in preparing Modus Oprandi (MO)
  Assist the investigator in furnishing a brief and concise criminal investigation report

Patterns – are series of similarities (MO)

Leads – all clues or pieces of information that aid in the progress of investigation
Tips – are leads to provide by the citizens that aid in the progress of investigation
Theories – pertain to belief regarding the basis on the evidence, patterns, leads and other information
developed and uncover in the case.

What is the golden rule in criminal investigation?

“Never touch, alter, move or transfer any object at the crime scene unless it is properly marked,
measured, sketched and/or photograph” Mutilate Alter Contaminate MAC

Methods of recording the investigation

1. Photograph
2. Sketch crime scene
3. Written notes (what you have seen or observed)
4. Developing and lifting fingerprints found at the crime scene
5. Gathering physical evidence
6. Plaster cast
7. Tape recording sounds
8. Video tape recording of object
9. Written statement of subject/s and witnesses

Tools in criminal investigation (3-I’s)

The so-called 3 I’s such as, Information, Interview, interrogation and instrumentation

Classification of information as to sources

Regular sources – Public domain/open
Cultivate sources – information is furnished by informants or informers. (Clandestine)
Grapevines sources- when the information is disclosed by the underworld characters such as prisoners
and ex-convicts.

Aside information from other persons including the victim himself and from;
1. Public records
2. Private records
3. Modus operandi file

Terms to understand
Interviewer – refers to a person who conducts interview
Interviewee – refers to a person being interviewed
Interrogator – is the person who performs skillful questioning of hostile witness and suspects for
purpose of obtaining concession or admission
Interrogee – is the subject of interrogation whether a suspect or a victim
Suspect denotes – any person associated to the commission of a crime. A suspect may also refer to any
person whose guilt is considered on reasonable ground to be a practical possible.
Witness is a person other than suspect, who is requested to give information concerning an incident.

Distinction between interview and interrogation

Interview Interrogation

It is a simple questioning of a person who It is questioning somebody closely, often is an

cooperates with the investigator aggressive manner
Witnesses voluntarily give their accounts about the It involves skillful questioning of hostile witness
commission of a crime and suspects (aggressive, unfriendly)
The purpose is to obtain admission or confession

Instrumentation – also called as Criminalistics or Forensic Science – Instruments or tools of the police
science in criminal investigation and detection.
This is the use of the Police Laboratory in the examination of the pieces of physical evidence such as,
Firearms identification, fingerprint examination, question document examination, photography,
Polygraph, forensic chemistry, physics, biology.

Unit 4
INTERVIEW AND INTERROGATION
“The right person asking right question to the right person at the right place and the right time will get
the right answer”

INTERVIEW

INTERVIEW – is the simple questioning of a person believed to process information, which are relevant
to the investigation of a crime or on criminal activities. In an interview, the interviewee is willing and
cooperative with the person conducting the interview.
1. Cognitive interview. This is conducted who willing and cooperative witnesses, where they are
given the full opportunity to narrate their accounts without intervention, interruption and
interference from the interviewer. After the subject finished his narration, the interrogator
subject him to the style of direct examination and cross examination, to clarify the unexplained
portions to arrive at a vivid/bright and complete picture of the testimony.
2. Question and answer – This interview as practiced by some interrogators requires the
interviewee to answer the question posed by the investigator. The interviewee is required to
answer on that what he knows about what is being asked. In the case of subjects of low level of
intelligence, the use of leading questions greatly helps the investigator to obtain the full and
desired information.

Golden rule in interview

“Never allow the interviewer to conduct nor let anyone to conduct an interview without prior visit to the
crime scene”
The questioning should be I agreement with the facts and conditions at the crime scene. The questioning
will lead wayward for the interviewer who had not seen personally the crime scene and he will not be in
a position to distinguish half-truth, exaggeration/overstatement of falsehood from the answers of the
person being interviewed.

Quality of good interviewer

1. Rapport – It is refers to the relation between the interviewer and the interviewee, which is
conductive to a fruitful result. It is winning the confidence of a person being interviewed in order
that he will tell all the information in his possession/control. He must be respectable civilian
attire because most often and the majority of people, the police uniforms is barrier in
establishing good rapport.
2. Forceful personality – The appearance and skills of communication techniques are the
mainstays/backbone of the strength of his character. He must be understanding, sympathetic
and without showing official arrogance, vulgarity of expressions and air superiority.
3. Knowledge on Psychology/psychiatry. This will help the interviewer determine the personality
and intelligence of the subject; he must go down and up to the level of understanding of his
particular subject.
4. Conversational tone of voice. Investigator’s tone of voice must be conversational, not
confrontational as in interrogation. It means that the interviewer must know how to
appropriately use his normally, without unusual loudness that may affect the interview process.
5. Acting qualities. He must possess the quality of an actor, salesman and psychologist and know
how to use the power of persuasion/influence. To convince the person to disclose what he
knows about the issue being investigated.
6. Humility. He must be courteous, sympathetic and humble, ready to apologies for the
inconvenience of the interview. This is usually done at the end of the interview that may give a
good impression to the interviewee.

Reason why witness refuse to testify

 1. Fear of reprisal. The witness who lack the courage to face the suspect. Especially there is no
means of protect themselves or on influential person to rely on. To remove this fear the
investigator, either offering protection or by the explanation that unless the suspect is not put
behind bars, the fear will not disappear.
2. Great inconvenience. On the part of those of hand-to-mouth existence there is the real
inconvenience, especially during trial. The investigator must sincerely help them through his
contacts with the business community.
3. Hatred against the Police. The hatred maybe due to previous experience with the rogue
members of the police organization. The investigator show between the difference between him
and the rogue policemen by honest and sincere entertainment of the complaint against the
rogue cops. He must explain that these scalawags represent only a small percentage of a whole
organization.
4. Because of bias witness. The witness maybe an acquaintance, friend, helper or benefactor of the
suspect. Intelligence approach is properly applied.
5. Avoidance publicity. There are witnesses who are shy and they shun/avoid publicity that will
bring comfort to their ordinary or obscure/unclear way of leaving. The investigator must hide
these witnesses away from reporters.
6. Family restriction. Some famous and respected families preserve their reputations by instilling to
their members the need of the approval of the elders on matters affecting their families. The
investigator must talk to the elders for their approval.

Phases of interview
1. Preparation. Investigator must review the facts at the crime scene and information from the
other sources in order that he would be ready for questioning. A back ground of the subject
should be available so that he could adapt the kind of approach to be employed.
2. Approach. This is done through investigator’s careful selection of the kind of approach to use,
which maybe a single kind, a combination of two or the application of all techniques.
3. Warning up. This is done by preliminary or exploratory question to clear the atmosphere and
promote a conducive place for cordiality, respect and trust for each other.
4. Cognitive interview. This is performed by allowing or already asking now the subject to narrate
his account without interruption, intervention or interference. It is only after the completion of
the uninterrupted narration that the investigator begins the direct and cross examinations.

Rules of questioning
1. One question a time. Multiple, complex and legalistic questions should be avoided.
2. Avoid implied answer. (Indirect) The nod/permission of the head or any other body language as
a response to the questions should be avoided.
3. Simplicity of question. A short simple question at a time is required. Avoid legalistic question
such as; who is the murdered or who are conspiracy with the subject.
4. Saving face. Embarrassing/awkward questions on the subject matters of exaggerated/overstated
or honest error about time, distance and description can be avoided if the investigator will
cooperate with the subject “to save his face”. The investigator should not fault or ridicule the
subject on these matters. (Arrogant)
5. Yes and no answer. Do not ask questions which could be answered by yes or no only.

Types of witnesses
1. Know-nothing type. It is found among uneducated and of low level of intelligence. The technique
to be applied is to be with their level of intelligence and by interrogation.
2. Disinterested type. This is refers to an-uncooperative and indifferent subject. To deal with this
type is to find out his field of interest so that will talk.
3. The Drunken type. The style of questioning by the investigator should be adapted to the
psychology of the subject. When the drunken subject has sobered or not drunk, another
interview will be conducted, confronting him about disclosures while in the state of drunkenness.
4. Talkative type. This is a witness who is prone to exaggerated, adding irrelevant or new matters
to their narration.
5. Honest witness. This is the truthful and cooperative witness where the investigator could rely
upon, with little or no problem in handling them.
 6. Deceitful witness. This is a liar witness. Let him lie and order later to repeat several times the
narration. Must in tape recorded and pressure him for possible cases of perjury or obstruction of
justice and he will tell the truth.
7. Timid witness. (Nervous or shy). This is shy witness. The approached must be friendly and
reassuring confidentiality of the information. It should be hidden from press interviews or photo
seasons.
8. Refusal to talk. This is the most difficult subject to deal. Find out the reasons of his personality
such as; trauma, shock, fear, hatred/hate, and others.

INTERROGATION

Interrogation is the vigorous and confrontational questioning of a reluctant/unwilling suspect about his
participation in the commission of crime. It is confrontational in the sense that the investigator places
the guilt of the accused. This process could also be applied to an uncooperative or
recalcitrant/stubbornly suspect or witness.

Goals of interrogation
1. To find out the truth about the crime
2. To obtain an admission or confession of guilt from the suspect
3. To gain all facts in order to determine the method of operation or Modus Operandi and the
circumstances of the crime in question
4. To collect information that guides investigators to arrive at a logical conclusion

What is the purpose of interrogation?

The main intention of interrogation is to obtain confession or admission from the suspect and to learn
relevant information from uncooperative witness.

Confession Admission
1. There is declaration of the person (accused) 1. There is a statement of the person (accused
2. The accused acknowledged guilt from the 2. The person only agreed on fact or
commission of crime circumstance of the crime
3. Guilt is admitted 3. There is no acceptance of guilt

Kind of confession
1. Extra Judicial Confession. It is confession that is made by the suspect during custodial
investigation or those confessions that are made outside of the Court.

Sec 3, Rule 133, Rule of Court stated that;

“Extra judicial confession is not sufficient ground for conviction: An extra judicial confession made by an
accused, shall not be sufficient ground for conviction, unless corroborated by the evidence of corpus
delicti-body of crime.”

Types of extra judicial confession

1. Voluntary extra-judicial confession – Voluntary, speaks freely
2. Involuntary extra-judicial confession – force, threat, intimidation
“Note: Confession obtained from the defendant is means above is null and void and cannot be used
against him during trial.” (Doctrine of Poisonous Tree)

Judicial Confession
The confession is made by the accused in open court. The plea of guilty maybe made during arraignment
or any stage of the proceedings where the accused changes plead guilty or not guilty. (Mitigating
circumstances).

Sec. 2 Rule 129, Rules of Court affirmed that:

“Judicial admission is made by the party in the pleadings, or in the course of the trial or other
proceedings do not required proof and cannot be contradicted unless previously shown to have been
made through palpable/intense mistake”.

Techniques of interrogation
1. Emotional Appeal. This is a technique whereby the investigator, combining the skills of an actor
and psychologist, addresses the suspect with an emotional appeal to confess. This is applicable to
first time offenders or those who are of the emotional type of characteristics displayed by
nervousness or emotional disturbances. Devotees of a religion maybe belong to this type.
2. Sympathetic Approach. The investigator, in his preliminary or probing/searching question must
dig deep into past troubles, plight/difficulty and unfortunate events in the life of the suspect. An
offer of help, kindness, friendliness, may win his cooperation.
3. Friendliness. A friendly approach coupled with a posture of sincerity may induce the suspect to
confess.
4. Trick and bluff techniques;
a. Pretense of Solid Evidence. The investigator bluffs the suspect that even if he will no confess,
there is enough evidence to send him to jail. If confession is made, the investigator will see to
it that his prison will be within the range of probation.
b. Weakest link. Among the suspects, there must be a careful selection of who among them is
the weakest link where the interrogation will begin. By tricks and bluff, this weakest link will
be told that his companions had already confessed and that this weakest link had dealt the
fatal blow/disappointed or that he received the lion share of the loot in order to intrigue him.
c. Drama. The weakest link maybe used to fake pain and agony/torture by ordering him to
shout, accompanied by banging a chair on the wall to make it appear that a commotion is
going on. The other suspects in separate rooms must hear the drama before telling them that
their partner had confessed.
d. Feigning contact with family member. The suspect could be tricked that the investigator had
gone to the residence and the family members had supplied facts against the suspect. The
suspect’s family will be dragged into the investigation if the suspect will not confess.
e. Line Up. The complainant, witness or victim is requested to point positively to the suspect in
the police line-up. The witness’s victims or complainant are previously coached about the
identity of the suspect.
f. Reverse line-up. The suspect placed among other persons in a line up and he is identified by
several complainants and witnesses who will associate the suspect in other several crimes.
This will cause the suspect to become desperate/destructed and confess only to the case
under investigation, to avoid from being charge on false accusations.
g. Stern approach. The investigator displays a stern/strict the following methods.
1. Jolting. In the questioning process, the investigator selects the right moment to shout a
pertinent question in an apparent righteous outrage. The suspect nerves will break to a
confession.
2. Opportunity to lie. The suspect is given all the opportunities to lie. The suspect is
questioned about his personal life, family friends and his knowledge about the
complainant and witnesses. Then the suspect is questioned about his activity prior, during
and after the commission of the crime. This is repeated many times, to include the
investigator focusing questions about the knowledge of the suspect of the crime. The
suspect will be enmeshed/trap in contradictions, which is now capitalized by the
investigator to get the truth from the suspect. If possible, the interrogation must be taped
recorded for purposes of emphasis/weight during the confrontation of the contradictions.
h. Mutt and Jeff or Sweet and Sour Methods. ( Fool) The first set of the investigator must
appear to be rough, mean and dangerous. When they had finished the interrogation, the
second investigator intervenes by stopping the first set of investigators. By being sympathetic
and understanding, he begins his interrogation. If the suspect still refuses to cooperate, then
the process is repeated until there is a confession.
i. Removing the ethnic or cultural barrier. If the suspect is an “Ifugao”, then preferably, an
Ifugao investigator is recommended to interrogate him, the same with other ethic or cultural
groups.
j. Searching for the Soft Spot. In every man’s heart, there is always that softest spot. Maybe
the heart may have been hardened to steel by poverty, destitution, hopelessness, despair,
 apathy, indifference, injustice, hatred or other factors, yet there is always that spot which
could be considered by the investigator through his knowledge of human behavior. The spots
maybe his youngest, child, wife, mother, brother, father, grandparents or best friend. This
technique in not only used during interrogation but also during crisis management in hostage
situations.
Apparent sign of deception
1. Excessive sweating. The profuse/abundant sweating indicated tension, anxiety, shock or fear.
Extreme nervousness is also the cause of sweating.
2. Change of facial color. Anger is indicated if the face is blushing. It is also the result of extreme
nervousness or embarrassment/discomfiture. It is necessary as a sign of deception or guilt. A
pale/light face is a reliable indicator of guilt or deception.
3. Dry mouth. This is a sign of great tension and is a reliable symptom of deception. Swallowing,
constant movement of the Adam’s apple and sweeting of the lips are indications of dryness of
the mouth.
4. Excessive breathing. An effort to control breathing during the critical questioning is an indication
of deception. Gasping of breath is the ultimate result of the control in breathing. (Difficulty)
5. Increase of pulse beat. When observed at the side of the neck, the investigator has to discover
the increase of pulse beat which is indicative of deception.
6. Avoidance of direct eye contact. This may indicate guilt or deception. Misty or teary eyes
indicate remorse or repentance. (Regret of saint)