Page 17 of 23/The University of Manila/ College of
Criminology
THE UNIVERSITY OF MANILA
College of Criminology
SUBJECT-3 CRIME DETECTION AND INVESTIGATIONFUNDAMENTALS OF
CRIMINAL INVESTIGATION Basic concepts and Principles of criminal
investigation
Criminal Investigation- is an art which deals with the identity
and location of the offender and provides evidence of guilt through
criminal proceedings.
Investigation Defined: The collection of facts to accomplish a
threefold aim:
a) to identify the guilty party;
b) to locate the guilty party; and
c) to provide evidence of his guilt.
The exception to the general rule perhaps is the 1987
Constitution which states among other things, that an arrested
person under custodial investigation is afforded with the three
Constitutional rights. Such as:
1) The right to remain silent
2) The right to counsel
3) The right to be informed of the nature and the cause of the
accusation
What is the legal consequence if an arrested person under
custodial investigation is deprived of the constitutional
rights?
Any testimony of statement taken from the arrested person who is
departed of the three constitutional rights would be inadmissible
as evidence in the Courts of Justice. On the other hand, the
investigator may be held criminally liable for the violation of
law.
Criminal Investigator Defined
A criminal investigator is a person who is charged with the duty
of carrying on the objectives of criminal investigation, e.g., to
identify and locate the guilty and provide evidence of his
guilt.
Primary job of an Investigator
The primary job of the investigator is to discover whether or
not an offense has been committed under the law, after determining
what specific offense has been committed, he must discover how it
was committed, by whom, where it was committed, when and why it was
committed (Cardinal points of Investigation 5Ws and 1 H).
What are the qualities of a good investigator?
Perseverance
Intelligence
Honest
Understanding of the people and environment
Keen power of observation
A. INITIAL STEPS IN CRIMINAL INVESTIGATION
What are the nine (9) Golden Rules to be observed by the
Investigator upon his arrival at the scene of the crime?
a. Identify and if possible, retain for questioning the person
who first notified the police.
b. Determine the perpetrator by direct inquiry or observe him,
if his identity is immediately apparent.
c. Detain all persons present at the scene.
d. Summon assistance, if necessary.
e. Safeguard the area by issuing appropriate orders and by
physically isolating it.
f. Subsequently, permit only authorized persons to enter the
area.
g. Separate the witnesses in order to obtain independent
statements.
h. Do not touch or move any object.
i. Definitely assign the duties of the search if assistants are
present.
One of the Golden Rule is Do Not Touch or Move any Object. What
should then be the primary job of an Investigator before applying
this rule?
The Investigator upon his arrival at the scene of the crime
should consider the following two important steps before he touches
or moves any object.
a) If the victim is still alive, the Investigator should try to
gather or acquire information from the victim himself with regard
to the surrounding circumstances of the crime, while calling for
assistance for an ambulance from the nearest hospital. Then
measure, sketch and photograph the crime scene immediately after
the victim is removed and brought to the hospital for medical
attendance.
b) If the victim is dead, the body should be removed only after
the crime scene is measured, sketched and photographed.
1.1. Modern techniques in crime detection and investigation
What do you understand by Instrumentation?
Instrumentation is the application of instruments and methods of
physical science to the detection of crime. It is the application
of physics, chemistry, and biology in crime detection. It is the
sum total of the application of all sciences in crime detection
otherwise known as criminalistics although instrumentation means
more than criminalistics because it includes also all the technical
methods by which the fugitives may be traced and examined.
In cases where there are no physical evidences to be found, then
the use of instrumentation is relatively unimportant. A thorough
training in the resources of instrumentation is of great importance
to an investigator. The limitations of technical methods should
also be a part of his knowledge, since excessive reliance on
instruments may in certain situations result in the neglect of and
more suitable investigation procedures.
33. What are the different ways in which criminalistics may be
useful in criminal investigation?
a. By supplying one or more missing links in a chain of
evidences.
b. By strengthening a weak link or links in the chain of
evidences.
c. By checking the accuracy of the statements made by (1) the
suspect, or (2) by material witnesses.
d. By clearing up doubtful points in the preliminary stages of
an investigation which may or may not be significant at a later
stage.
e. By assisting in the rapid clearing up of routine
inquiries.
Instrumentation
After all physical evidence are found in the crime scene, almost
all of them need equipments to process, that is where
criminalistics equipments or instrument come into the picture.
Evidence that is expendable must be preserved, this can be done
through photography. Latent fingerprint needs to be lifted and
preserved for court presentation, Dactyloscopy is the needed
instrument. The deceased died of unknown substance he drank before
he died. Toxicology will provide the answer the truth, etc.
Development of Criminalistics
Before the 1900s criminal investigation relied almost
exclusively upon the interaction of people. Detectives used their
skills as interviewers and persuaders to obtain information
regarding innocence or guilt. This form of information gathering,
including the frequent use of the informant, was nearly the sole
means of field criminal detection. Today the emphasis is very
different. Current methods involve, to a large extent, what is
known as criminalistics. or the more generic term forensic science.
In its simplest form, criminalistics is the application of many
fields of natural science in the detection of crime. Chemistry,
physic, biology and mathematics are frequently considered the
backbone of forensic science.
In the process of instrumentation, the following equipments are
being used, namely:
1. The first used was Anthropometry found by Alphonse Bertillon.
He is a Frenchman who founded criminal identification by body
measurement. It was accepted and adopted by police departments in
Europe and the United States for more than twenty (20) years. But
due to the West case, Anthropometry disappeared, which up to the
time of his death in 1914, Bertillon never accepted its
uselessness.
2. Dactyloscopy replaced Anthropometry. It was popularized by
Sir Edward Richard Henry in Europe and through Juan Vucetich who
founded the fingerprint classification, it was found to be
accurate. Its usefulness in criminal investigation cannot be
questioned because its infallibility as no two persons hve the same
fingerprints not even the ten neighboring fingers of the same
persons.
3. Forensic Serology was discovered by Karl Landsteiner in 1901
the agglutination of human blood. This discovery demonstrated that
blood possesses certain characteristics, which allowed the
designation A, B, AB and 0.
4. Forensic Ballistics developed by Dr. Calvin H. Goddard, a
U.S. Army Physician with a rank of Lieutenant Colonel. It is used
for determining whether or not the evidence bullet and test bullet
came from a single gun through the use of bullet comparison
microscope.
5. Poroscopy founded by Edmond Locard, one of the foremost
criminalists in the world. Poroscopy deals with the identification
of sweat pores, he proved that pores vary in number, size and
position in each individual.
6. Photography was used in investigation to identify evidence
and suspect, to preserve them for court presentation. A person who
popularized in photography was Rudolf Reiss, he aided the forensic
science field by specializing in photography.
7. Polygraph (lie detector) was develop by John Larson although
it was founded by Keller. It is effective in limiting the suspects
in number as in the hand of an expert and dependable machine its
result is excellent.
8. In 1952, Paul L. Kirk invented a. new density- measuring
device for soil samples found at outdoor crime scenes. In the same
year he accumulated an extensive crime- scene investigation kit
that was highly portable, yet extensively equipped.
9. In 1984, Alex Jeffreys, a British biologist and genetics
expert, discovered the concept of DNA genetic fingerprinting.
Name the two kinds of criminal identifies by witnesses.
a. Known fugitivesif the criminal is known, then police records
and pictures are available. His relatives and friends can offer a
description. Further description may be obtained from local police
files, background investigation and from verbal descriptions of
others.
b. Unknown criminalsidentified of unknown criminals by
eyewitnesses must be approached with caution by the investigator.
The description and characteristics may be vague that
identification is difficult.
The Value of Identification by Eyewitnesses Depends on:
1. The ability of the eyewitness to observe and remember the
relative distinctiveness of the accused appearance.
2. The prevailing conditions of visibility and observations.
3. The lapse of time between the criminal event and the
identification.
Name the Methods of Identification by Witnesses.
a. Verbal Descriptionthe value of the description must depend on
the capacity of the witness to describe the criminal.
b. Photographic Files(Rogues Gallery)the witness may be taken to
the headquarters to examine the photographs in file. The modus
operandi file may also be shown upon knowledge of the technique of
the commission of the crime. The attention to any strong similarity
in the photograph of a single feature, as the nose or mouth.
c. General Photographthe investigator should show the witness
the variety of facial types which do not necessarily represent the
criminal. The picture only represents different features of the
face. The image of various features such as the degree of baldness,
length or shape of the nose, the shape of mouth ear, etc.
d. Artists Assistancethe identification may be made by the
employment of an artist to depict a composite of the features
described by the eyewitness. The witness is shown a chart which
contains representations of various types of human features as
noses, eyes, ears, etc., and is requested to select the individual
features present in the unknown criminal. From this selection, the
artist draws a composite of the face which maybe a close
approximation to that of the criminals.
State the procedures of identification by witness of the person
in custody.
The investigator can increase reliability of identification by
eyewitnesses through the medium of the intelligently conducted
line-up. The police line-up is more profitably used as means of
selecting a suspect from a group of innocent persons. The purpose
of the line-up is the power of the suggestion as a factor in
identification.
Procedure There must be a group of seven (7) to ten (10)
persons. Their appearance must be almost the same as to height,
hair color, and clothing. The suspect must be given the opportunity
to select the position in the line-up.
The witness should be instructed before entering the line-up
room to the fact that the suspect is among the persons in the
group. The suspect should not be made aware of any decision on the
part of the witness.
The lined-up members should not talk while in the room unless
voice identification is required. Before bringing the witness, the
investigator should determine whether it will be necessary to have
the line-up members wear hats; walk, show certain physical areas;
sit down, or otherwise, demonstrate any characteristics. If the
witness desires the line-up members to perform certain actions, he
should communicate this information discreetly to the
investigator.
If there is more than one witness, they should make their
identification separately and should not be permitted to confer
with each other, until they have indicated their individual
decisions o the investigator.
What do you understand by circumstantial evidence?
Circumstantial evidence is identification established indirectly
by proving other facts or circumstances from which either alone or
in connection with other facts, the identity of this perpetrator
can be inferred.When may circumstantial evidence be sufficient to
produce conviction?a. When there is more than one circumstance.
b. When the facts from which the inferences derived are
proven.
c. When the combination of all the circumstances is such as to
produce a conviction beyond a reasonable doubt.
What must be inferred to prove identity by circumstantial
evidence?
a. Motiveit may be inferred from circumstances and from the
statements of witnesses that the suspect has been motivated by a
desire for revenge or personal gain. Motive is hard to establish in
crime committed by mentally deranged persons.
b. Opportunitythis is the physical possibility that the suspect
could have committed the crime. It may be deduced from the
following:
1. The suspect could have been in the vicinity of the crime.
2. Knowledge of the criminal objectives.
3. Absence of alibi.
What do you understand by Associative Evidence?
Associative evidence are the physical evidences which may
identify the criminal by means of clues, personal properties, or
the characteristics patterns of procedure deduced from the
arrangement of objects at the crime scene. The offender may leave
some clues at the scene, such as weapons, tools, garments,
fingerprints, foot impressions etc. Crimes of violence may leave
evidence of physical struggle.
Give the evidence necessary to prove guilt.
a. The fact of the existence of the crime must be
established;
b. The defendant must be identified and associated with the
crime scene;
c. Competent and credible witnesses must be available;
d. Physical evidence must be identified appropriately and the
chain of its custody established and its connection with the case
shown; and
e. The whole must be presented in orderly and logical
fashion.
What is the Corpus Delicti, and what must it prove?
Corpus delicti is the body of the crime or fact of specific loss
or injury sustained. Corpus delicti is proven by showing the
following:
a. There exists a certain state of fact which forms the basis of
the criminal act charged; and
b. The existence of a criminal agency which caused the state of
facts to exist. It is preferable that the state of fact should be
established by direct and positive proof, but circumstantial
evidence will suffice it is particularly clear and cogent.
1.2. Methodologies and modern techniques in crime scene
investigation processing and preserving physical evidence.CRIME
SCENE INVESTIGATION
It is the conduct of processes, more particularly, the
recognition, handling, preservation and documentation of physical
evidence to include the identification and interview of witnesses
and the arrest of suspect/s at the crime scene.
Cardinal Rule in Crime Scene Investigation
Do not touch or move anything in the crime scene unless it has
been properly photograph, sketch and recorded.
MAC Rule
Do not Move, Alter, Change the crime scene
What Constitute a Crime Scene?
A. The crime scene can be understood to include all areas in
which the criminal, any possible victim, and any eyewitness move
during the time the crime was committed.
B. The boundaries must be established so that the entire crime
scene can be effectively preserved.
C. In some crimes, however, the crime scene may actually
comprise several different sites.
Receipt of report of a Crime Incident
The Desk Officer shall:
Record the date and time the report/complaint was made, the
identity of the person who made the report, place of the incident
and a synopsis of the incident.Inform his superior officer or the
duty officer regarding the report.Composition of the CSI Team
Team Leader Evidence Collectors City or Municipal/Health Officer
Crime Photographer Sketcher/Measurer Evidence Custodian/Security
OfficerSecurity and Protection of the crime Scene
First Responder
Must be able to properly preserve the crime scene in order to
get maximum scientific information that will help in the successful
prosecution of the perpetrator of the crime.The First Responder
shall:
Cordon off crime scene with whatever available materials like
ropes, straws, human barricade, police line;
Evacuate injured persons to the nearest hospital;
Prepare to take the dying declaration of severely injured
person, if any;
Prevent entry/exit of persons within the cordoned area; and
Prepare to brief the CSI Team Leader of the situation upon their
arrival.
PAP Rule for the First Responder
Preserve human life
Arrest the suspect if possible
Protect the crime scene
Basic Equipment
Police line
Marker
Camera with film
Evidence collection kit
Video camera and tape recorder
Measuring device e.g. ruler and measuring tape
Flood lights, hand gloves, masks, eye goggles, hairnet
Recording materials e.g. chalk, bond paper, pencil, clipboard,
pentel pens
Approaching the Crime Scene
Be alert for discarded evidence
Make pertinent notes as to possible entry and exit points of the
perpetrator
Designation of a Command Post
Command Post- an area which, is ideally located adjacent to the
Crime Scene where the CSI Evidence Custodian stays and receives the
pieces of evidence turned over to him for safekeeping by the other
evidence collectors.
Initiation of Preliminary Survey
Makes a general assessment
Takes a cautious walk- through
Takes down extensive note to document important factors
Establishes the evidence most likely to be encountered
Defines the extent of the search area
Determines the personnel and equipment needed, and makes
specific assignments
From his assessments, he develops a general theory of the crime
scene.
Removable inferences about what happened are produced from the
crime scene appearance and information from what happened. These
theories will give the crime investigator to document specific
conditions and recognize valuable physical evidence.
Documentation of the Crime Scene
The photographer begins taking photographs as soon as possible.
The evidence collectors do not touch or moved any evidence once it
is located until it has been identified, measured and recorded.
Crime Scene Photography
Main Objective
To create an accurate objective visual record of the crime scene
before any item is moved or removed as possible physical
evidence.Guidelines for taking photographs of a Crime Scene
Photographs of a crime scene should be taken as soon as
possible, before note taking, sketching or a search for evidence
begins. The pictures should illustrate the original, uncontaminated
condition of the crime scene. Photographs should be taken of the
crime scene only, without spectators or police personnel. To
adequately present the crime scene initially, the photographs must
form an organized sequence and show all relevant locations and
objects. The crime scene photographs must progress from general to
specific.Three Major Types of Pictorial Views
1. Long- range photograph of the over all scene
Distance: From the doorway to the room and other corners of the
room
2. Mid- range photograph
Distance: Eight or ten feet from the victim
3. Close- up photograph
Crime Scene Sketches
Sketches are useful in questioning of suspects and witnesses as
wall as in the writing of investigative reports.
A rough sketch is prepared indicating the actual measurement of
things with scale and proportion observed and oriented to the North
Pole. All necessary information are placed in the sketch.
Sketches are excellent companions to photograph. Where
photograph provide exact details, sketches offer accurate
information about the placement of objects and they show
relationship and distances between things.
Elements of sketch
a. Measurement
b. Compass direction
c. Essential items
d. Scale and proportion
e. Legend
f. Title
Specific kinds of sketch
a. Locality- give picture of the scene, the crime and its
environs, including neighboring buildings, roads etc.
b. Ground- picture of the scene of the crime with its nearest
physical surrounding.
c. Details- the immediate scene only
d. Exploded/ cross projection- gives the clear impression of the
scene in cases where blood stains or bullet holes are found
Types of Measurements
1. Rectangular coordinates method
2. Triangulation method
3. Baseline method
4. Compass point method
5. Cross projection method
Note Taking
Note taking must be a constant activity throughout the
processing of the crime scene.
Notes must include:
Detailed written description of the Crime Scene with locations
of physical evidence received
The time when the physical evidence was discovered
The person who discovered and collected physical evidence
How the evidence was packaged and marked
The disposition of the item when it was collected
Documentation
These documentation are made by the crime scene investigator for
purposes of future crime scene reconstruction which help the
prosecutor and the judge understand conditions at the crime
scene.
Narrative Report
Represent scene in a general to specific scheme, consider
structured factors such as: lights on/off, newspaper on driveway/in
house, drapes pulled, open or shut. This written record could serve
as the only source of info for refreshing ones memory month or
years after a crime has been processed.
Preparation of Narrative Report
The team leader uses the systematic approach in making a
narrative report.
1. Represent Crime Scene in a general to specific scheme.
2. Includes structural factors such as:
Lights on/off
Newspaper on driveway/in home
Drapes pulled, on or shut
Crime Scene Search
The search for physical evidence is done using the accepted
methods of search depending upon the actual location to be
searched.
A crime scene search could only be started after it has been
photograph and sketched.
Objectives of a Crime Scene Search
To systematically look for physical evidence that may prove
useful in establishing that a crime has been committed.
To determine what method of operation the perpetrator may have
used.
Different Search Methods
a. Strip- the searchers will proceed at the same pace along the
path parallel to one side of the rectangle.
b. Spiral- the searchers will follow each other in the path of a
spiral, beginning in the outside and spiraling towards the center.
Clockwise/ counter clockwise.
c. Zone- the area to be searched is divide into four quadrants
and each searcher is assigned to one quadrant.
d. Wheel- for area to be searched approximately circular or
oval
e. Point to point- searcher will stand in a straight line and
move forward together.
The Search
Before the actual search is done, the investigator must stand
aside and make an estimate of the situation. A certain area where
there are no possible traces of the crime may ne made as the
headquarters. Having formed the estimate, the investigator can now
determine the number, kind and views of the photographs he wishes
to be taken.
A plan for the search should be formed which will cover all the
grounds. Every step of an investigation must be undertaken with the
thought of ultimate presentation in court. Notes and measurements
must supplement the sketches and photographs.
The basic guides for the investigator to look upon are evidences
to establish one or more of the following:
10. Explain briefly the four (4) mechanics of search: illustrate
each.
If the area to be searched is limited indoors with fewer
contents or any other situation which will preclude a systematic
search, no standard procedure of search is recommended. Any method
of choice will do, provided that alertness, knowledge and
experience of the participating investigators are present.
If the area to be search is quite extensive, a more systematic
scheme of approach is recommended. The following are the different
methods of search:
1. Strip Method
The searchers (A, B, & C) proceed slowly at the same pace
along the path parallel to one side of the rectangle. T the end of
the rectangle, the searcher turns and proceeds back along new lanes
but parallel to the first movement.
2.Spiral method
The searchers follow each other in the path of a spiral,
beginning in the outside and spiraling in towards the center.
(Fig.3)
3.Zone Method
The area to be searched is divided into quadrants and each
searcher is assigned to one quadrant. (Fig. 4)
4.Wheel Method
If the area to be searched is approximately circular or oval,
the wheel method may be used. The searchers gather at the center
and proceed outward along radio or spokes. (Fig. 5)
The principal drawback of this method is that the distance
between searchers increases as they depart from the center.
The investigator must see to it that the search made with the
employment of any of the above methods must be thorough.
The discovery of any physical evidence in the course of the
search must be collected and preserved without specific regard of
their relation to the crime.
Basically, a searcher must primarily concentrate on the
following types of evidence.
1. Those which establish the element of proof that the crime was
committed;
2. Those which may serve to trace the criminal.
What is meant by reconstruction of the crime?
After completion of the search, an effort must be made to
determine from the appearance of the place and its objects what
actually occurred and what the circumstances of a crime were. This
is known as reconstructing the crime.
What are the kinds of reconstruction? Explain each.
a. Physical ReconstructionThe physical appearance of the crime
scene is reconstructed from the description of witnesses and the
indication of the physical evidence.
b. Mental ReconstructionFrom the physical reconstruction, some
conclusions can be made concerning the consistency of the accounts
of various witnesses. No assumption should be made concerning
actions which are not supported by evidences. The final theory
developed by the investigator should provide a line of
investigative action.
What are the equipments used in the search?
a. Searching toolsflashlights, magnifier
b. Sketching Instruments
a) Measuring devices-compass, steel tape, ruler
b) Recording materials-chalk, graphing paper, sketching pad,
clip board, paper pad for note taking.
c) Collection of evidences-cutting fliers, fingerprinting
equipments.
c. Preservation of evidence
1. Container-bottles, envelopes, test tubes, pins, and thumb
tacks.
2. Label and seal-evidence tags, gummed labels, sealing wax and
grease pencil.
Collection of Physical Evidence
The competence to recognize and properly collect physical
evidence is critical to both solving and prosecuting crimes.
The team leader is always informed of significant evidence
located. The evidence collectors shall put his initial, location
and date of collection on the item and turn it over to the evidence
custodian for documentation and safekeeping.
Physical Evidence- these are the articles and materials which re
found in connection with the investigation and aid in establishing
the identity of the suspect.
What are the procedures needed for the care of physical
evidence?
In order to introduce physical evidence in court, three
important factors must be considered:
a. The article must be properly identified
b. Chain of custody must be proved
c. The evidence must be material and relevant
What is chain of custody?
It is the number of persons who handle the evidence between the
time of the commission of the offense and the ultimate disposition
of the case and should be kept to minimum.
Conduct of Final Survey
The team leader makes a final review on the crime scene to
determine whether or not the processing has been completed.
Release of the Crime Scene
The release of the crime scene is done if the investigator is
satisfied that all pieces of evidence have been recovered. Thus,
the investigator must evaluate the items recovered from the results
of the interrogations of the suspect/s and the interview of the
witnesses. He must bear in mind that upon the formal release of the
crime scene to the proper authority, the warrant is already
required for his re- entry to the crime scene.
TOOLS OF INVESTIGATION
INFORMATION
It is the knowledge/ data which an investigator acquires from
records and persons. Regular source is acquired from open sources,
records, files, Cultivated source are information furnished by
informants/ informers, Grapevine source are information given by
the underworld characters such as prisoners or criminals.
INTERVIEW
Is a conversation with a purpose, motivated by a desire to
obtain certain information from the person being interviewed as to
what was either done, seen, felt, heard, tasted, smell or
known.
This is the questioning of a person believed to possess
knowledge that is in official interest to the investigator.
BASIC ASSUMPTIONS
Nobody has to talk to law enforcers. No law compels a person to
talk to the police if he does not want to. Therefore, people will
have to be persuaded, always within legal and ethical limits, to
talk to law enforcers.
This makes interviewing an art.
I.R.O.N.I.C. FORMAT
The interview of a witness can be described by its acronym
IRONIC which stands for Identity, Rapport, Opening Statement,
Narration, Inquiry, and conclusion.
Identityprior to the commencement of an interview, the
investigator should identify himself to the subject by name, rank
and agency. Except when there is no need to know the officers
identity.
Rapportit is good to get the positive feeling of the subject
towards the investigators, such friendly atmosphere is a vital for
both the subject and the investigator to have a better
interaction.
Opening StatementThe investigator must have to indicate why the
subject is being contracted.
NarrationThe witness should be allowed to tell all he knows with
little interruptions from the investigator.
Inquiryafter all information have been given by the subject,
that is the time for the investigator to as question to clarify him
about the case under investigation.
ConclusionsAfter the interview, it is but proper to close the
interview with outmost courtesy and thanking the subject for his
cooperation.
What are the rules to be observed in questioning?
a. One question at a time
b. Avoiding implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)
f. Positive attitude
INTERROGATION
Interrogation is a questioning of a person suspected if having
committed an offense or a person who is reluctant to make full
disclosure of information in his possession which is pertinent to
the investigation.
What are the purposes of Interrogation?
a. To obtain confession to the crime
b. To induce the suspect to make admission
c. To learn the facts of the crime
d. To learn the identity of the accomplice
e. To develop information which will lead to the recovery of the
fruits of the crime
f. To discover the details of other crimes participated by the
suspect
What should be the attitude of the interrogator?
a. Dominate the interview
b. Avoid distracting mannerism
c. Language
d. Dress
e. Preliminary conduct
f. Presence of other person
g. Place
Description of the interrogation room
a. Privacy can be achieved by having one door, absence of
windows, soundproof wall, and telephone without ringing bell.
b. Simplicity- medium size room, bare walls, no glaring lights,
minimum furniture.
c. Seating arrangement- straight back chair for the suspect,
table with flat surface, the back of the suspect must be facing the
door.
d. Technical aid- installation of recording device and one- way
mirror.
Legal requirements of interrogation
The statement of the subject must be obtained voluntary and
trustworthy and not by means or use of threat, fear, coercion,
duress or any improper tactics which will vitiate the free will of
the subject. Remember RA 7438.
General Suggestions Regarding the Interrogation of Criminal
Suspects
1.Interview the victim, the accuser, or the discoverer of the
crime before interrogating the suspects.
2. Be patient and persistent. Never conclude an interrogation at
a time when you feel discouraged and ready to give up; continue for
a little while longer.
3. Make no promises when asked, What will happen to me if I tell
the truth?
4. View with skepticism the so-called conscience-stricken
confession.
5. When a subject has made a repeated denials of guilt to
previous investigators, first question him, whenever circumstances
permit, abut some other unrelated offense of a similar nature of
which he is also considered to be guilty.
6. An unintelligent, uneducated criminal suspect, with low
cultural background should be interrogated on a psychological level
compared to that usually employed in the questioning of a
child.
INTERROGATION TECHNIQUES
Emotional Appeal
Place the subject in the proper frame of mind. The investigator
should provide emotional stimuli that will prompt the subject to
unburden himself by confiding.
Analyze the subjects personality and decide what motivation
would prompt him to tell the truth, then provide those motives
through appropriate emotional appeals.
Sympathetic appeal
The suspect may feel the need for sympathy or friendship.
He is apparently in trouble. Gestures of friendship may win his
cooperation.
Kindness
The simplest technique is to assume that the suspect will
confess if he is treated in a kind and friendly manner.
Extenuation
The investigator indicates he does not consider his subjects
indiscretion a grave offense.
Shifting the blame
The interrogator makes clear his belief that the subject is
obviously not the sort of person who usually gets mixed up in a
crime like this.
The interrogator could tell from the start that he was not
dealing with a fellow who is a criminal by nature and choice.
Mutt and Jeff
Two (2) agents are employed.
Mutt, the relentless investigator, who is not going to waste any
time because he knows the subject is guilty.
Jeff, on the other hand, is obviously a kind-hearted man.
Bluff on a Split Pair
this is applicable when there are more than one suspect. The
suspect are separated and one is informed that other has
talked.
Pretense of Physical Evidence-
the investigator may pretend that certain physical evidence has
found by laboratory experts against him.
Jolting
maybe applied to calm and nervous subjects. By constantly
observing the suspects, the investigator chooses a propitious
moment to shout a pertinent question and appear as though he is
beside himself with rage. The subject maybe unnerved to the extent
of confessing.
Philosophy of Interview and Interrogation:
The RIGHT officer
asking the RIGHT questions
in the RIGHT manner
at the RIGHT time and in the RIGHT place
will get the RIGHT answers.
Instrumentation
It is the application of instruments and methods of physical
science to the detection of crimes. In cases where there are no
significant physical evidence to be found, then the use of
instrumentation is relatively unimportant.
What are the ways of identifying the criminals?
a. By confession and admission
b. Eyewitness
c. Circumstantial evidence
d. Associative evidence
Confessionit is the declaration of an accused
expressing/acknowledging his guilt of the offense charged.
Effects of confession:
a) May be given in evidence against him in the investigation or
trial of the offense with which he is charged; and
b) May be given to prove the guilt of his companions but it will
pass a lot of argumentation and debate.
Types of Confession
Judicial Confession
Made by the suspect/ accused in open court
Extra- Judicial Confession
This kind of confession is inadmissible unless corroborated by
proof of corpus delicti. The confession to be admissible, it must
be voluntary, in writing and made with the assistance of a counsel
of his own choice with full understanding of the consequence of
such confession.( get separate for separate crimes).
Admission
An admission is a self-incriminatory statement by the subject
falling short of an acknowledgement of guilt. It is an
acknowledgement of a fact or circumstances from which guilt maybe
inferred. It implicates but does not incriminate. It is also an
acknowledgment that a fact, action or circumstances are true which
strongly infer or directly admit guilt but lacks the detail of the
elements of the crime.
What are the two kinds of criminals?
a. Known fugitive
b. Unknown fugitive
Methods of Identification by witness
a. Verbal Description
b. Photographic files (Rogues Gallery)
c. General Photograph
d. Artist sketch (Composite Criminal illustration)
The value of identification by eyewitness depends on:
a. The ability to observe and remember distinct appearance of
the suspect;
b. Prevailing condition of visibility
c. The lapse of time
What are the procedures of identification by eyewitness?
a. Physical line- up- means of selecting a suspect from a group
of innocent persons usually composed of seven to ten persons. The
purpose of line- up is to eliminate the power of suggestion.
b. Physical show- up- only one person is shown to the witness
usually at the scene of the crime and made immediately after the
arrest of the suspect.
Circumstantial evidence- facts or circumstances from which,
either alone or in connection with other facts, the identity of the
person can be inferred.
What must be inferred to prove identity by circumstantial
evidence?
a. Motive- what induces the person to act
b. Intent- the result or accomplishment of the act
c. Opportunity- the physical possibility that the suspect could
have committed the crime
What is associative evidence?
These are the pieces of evidence that will link the suspect to
the crime scene. The suspect may leave some clues at the scene such
as weapons, tools, garments or prints.
What is corpus delicti?
It is the body of the crime or fact of specific loss or injury
sustained.
Explain the meaning and importance of modus operandi?
Modus operandi means the method of operations. It enables the
investigators to recognize a pattern of criminal behavior, to
predict, approximate the next target of the criminals and to assist
complainants to recognize the suspect by means of recorded
information concerning the characteristics of criminal
activities.
Informant- is a person who gives information to the police.
What are the different types of informant?
a. Anonymous- Do not wish to be identified
b. Rival- elimination- eliminate competition
c. False- no value
d. Frightened- motivated by anxiety
e. Self aggrandizing- hangs about the fringes of the
criminals
f. Mercenary- sell information
g. Double crosser- to get more information
h. Woman- most dangerous specie
i. Legitimate- operators of legit business
What are the motives of informant in giving information?
a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration
Surveillance- it is the secret observation of places, persons,
and vehicles for the purpose of obtaining information concerning
the identities or activities of the subject.
a. Surveillance of Place (fixed/ stake- out)
b. Shadowing
c. Roping
How to conduct surveillance of place?
A careful survey of the surrounding area should be made. The
character of the neighborhood, residents and transient should be
noted. The observation point should be selected properly. When
observation is conducted from a plant, surveillance agents must be
extremely careful not to reveal their true activity. Observation
maybe made through a window or other aperture so as to be unnoticed
from the outside. Venetian blinds afford the best coverage, but may
appear to be out of place of some buildings. An alternative is to
lower the roller of draw shades another inch from the window.
Binoculars are generally essentially equipment of the plants, as
they facilitate positive identification of person entering or
leaving the place under and observation. A still or video camera
with telephoto lens can also be use effectively. Agents should take
careful notes of what they observe and should record detailed
descriptions of all individuals entering the target. A
chronological log is usually the best of recording pertinent
occurrences.
a. Shadowing- the act of following a person. depends on the
number of surveillants available, volume of pedestrian traffic and
importance of concealing the surveillance.
Methods of shadowing
b. One man- Extremely difficult and should be avoided, if
unavoidable keep subject in view at all times.
c. Two man- two agents are employed to follow the subject.
d. ABC method- reduces the risk of losing the subject, affords
greater security agents detection
e. Progressive/ Leap frog method- poor chances of obtaining good
results, agents are stations at a fixed point assuming that subject
followed the same general route each day.
f. Combined foot- auto surveillance- employment of surveillant
on foot and agents in an automobile.
What are the things should be avoided during shadowing?
a. Dont meet the eye of the subject
b. Dont adopt a slinking, sleuthing, creeping manner
c. Dont wear story book disguises
d. Dont carry noticeable items
e. Dont greet fellow agents
f. Dont make notations ostensively
How to detect foot surveillance?
A subject who is suspicious of being under surveillance may
resort to trickery in order to verify his suspicion. When a subject
resort to such trickery, it is good policy to change agents, for
the suspect may have spotted one or more of his surveillants.
a. stopping abruptly and looking back
b. casually looking around
c. reversing course/retracing steps
d. boarding bus and alighting just before they start
e. riding short distance on bus
f. circling the block on a taxi
g. entering a building and leaving immediately via another
exit
h. stopping abruptly after turning a corner
i. using convoys
j. watching reflection in shop windows.
k. Walking slowly and rapidly at alternate intervals
l. Dropping a piece of papers to see if anyone retrieves it
m. Stopping to tie a shoe string, meanwhile looking around for
surveillants
n. Arranging with a friend in a shop, stores or other places to
watch for surveillants.
How to elude foot surveillance?
Common method to elude foot surveillance and which surveillants
must be prepared and guard against; are the following
a. jumping off a bus, trains just as the doors are about to
close.
b. Leaving a building through the rear or side exits.
c. Losing one self in crowds
d. Entering theaters and leaving immediately through an exit
e. Pointing out one surveillant to a police to a generally
require the agent to explain his action
f. Using decoys
g. Taking the last taxi at a stand
h. Changing clothing.
Automobile surveillance
The methods of auto surveillance to be used depends upon the
numbers and type of surveillance vehicles available, the volume of
vehicular traffic in the area, the importance of concealing the
surveillance from the subject, and the subjects estimated ability
to detect and elude surveillance. At all times each vehicle should
be occupied by at least two agents; one to concentrate on driving,
and the other to observe, take notes, operate radio equipment, or
to dismount and continue the surveillance on foot.
How to detect automobile surveillance
As in the case of foot surveillance, a subject who believes he
is being followed may resort to trickery in order to verify his
suspicions. Some of the common tricks employed:
a. Alternate fast and slow driving
b. Driving into dead-end streets
c. Frequency parking
d. Committing flagrant traffic on one way streets, and running
through red lights.
e. Stopping suddenly around curves or corners
f. Pulling into driveways
g. Speeding up a hill, then coasting slowly down.
How to elude automobile surveillance
a. Committing traffic violations
b. Using double entrances to driveways; in one and out the
other.
c. Curbing through parking lots
d. Driving through congested areas
e. Deserting the vehicle behind blind curves or corners, but
permitting the drivers to drive on as a decoy.
Undercover- is a form of investigation in which the investigator
assumes a different and unofficial identity in order to obtain
information.
Consider using an undercover operation only when conventional
investigative techniques have not been effective or are not
practical. Use of police personnel, as undercover agent is an
ethical approach to the problem of securing information about
criminal operations from the inside. It is surveillance from a
position of advantage. It is dangerous work, but often preferable
to using an underworld informant- probably the only other source of
such information. Undercover agents make excellent witnesses,
unlike the underworld informants whose credibility can be attacked
because of crime histories, the police agent is a person of good
reputation and character.
Definitions
a. Undercover- an investigative technique in which the
Agents/Investigators official identity is concealed to accomplish
an investigative mission.
b. Natural Cover- using the individuals true identity,
occupation or profession.
c. Artificial Cover- the manufacture of documents, false
documents, passports, or forged documents.
What are the common types of places of assignment for undercover
work?
a. Neighborhood
b. Social
c. Organizational
d. Work
Penetration:
a. undercover operation techniques are applied continuously and
not merely over a limited period of time.
b. Initial penetration is concealed.
c. Access is created such that the agent is accepted in to the
target group or organization.
d. Effort is continued by the agent until he acquires the
desires placement or position, thus gaining complete access to the
objective of the investigative effort.
e. Penetration is exceedingly difficult, time consuming and most
delicate form of investigative activity, but often the most
rewarding.
Special Qualification of Undercover Agent:
a. Thorough knowledge of the area, the people and customs were
agent will operate.
b. Preferably single and unmarried
c. Thorough knowledge of the language or dialect spoken in the
area of operation.
Operational Security Guidelines on Undercover Assignments.
a. The agents appearance must be inconspicuous.
b. The SUBJECT should cultivate the AGENT, rather than the
reverse.
c. Analyze SUBJECT and appeal to his ego, vanity and
interest.
d. Obtain SUBJECTS confidence.(Rapport)
e. Play a long with the SUBJECTS plan.
f. Dont be impatient, over-anxious, or too eager.
g. Dont displayed more interest in statements or actions of the
SUBJECT and of the SUBJECTS associates than is compatible with the
cover story.
h. Dont betray knowledge of the SUBJECTS background which was
gained from the preliminary investigation. Or files.
i. Dont get involved with SUBJECTS girlfriend.
j. Dont let any relations with SUBJECT incur enmity, envy or
jealousy of the SUBJECTS associates.
k. Dont become unnecessarily friendly with women.
l. Dont overact the cover story. Dont reveal more cover story
details than necessary.
m. Dont carry weapons unless told to do so.
n. Dont make unexplainable trips or phone calls.
o. Dont maintain contacts with personal friends or
relatives.
p. Dont display money more than the amount provided for by the
cover story.
q. Dont reveal the true identity unless is a part of
preconceived plan.
r. Dont drink intoxicating beverages if it can be avoided.
s. Dont assumes the big shot attitude. An outstanding
characteristics will bring the AGENT under scrutiny.
t. Beware of entrapment
REMEMBER: THE COMPROMISE OF YOUR TRUE IDENTITY COULD ENDANGER
YOUR LIFE OR COMPROMISE THE MISSION.
1.3. Concepts, general and legal principles in affecting arrest,
searches and seizures;
ARREST
SECTION 1. Define arrest Arrest is the taking of a person into
custody in order that he may be bound to answer for the commission
of an offense.
SECTION 2. Arrest; how made An arrest is made by an actual
restraint of the person to be arrested, or by his submission to the
custody of the person making the arrest.
No violence or unnecessary force shall be used in making an
arrest and the person arrested shall not be subject to any greater
restrain than is necessary for his detention.
What constitutes restrain?
Under Section 2 above mentioned, the custody or control, the
assumption of which is involved in an arrest, imports actual
restraint or detention. Accordingly, the mere utterances or words
indicative of an arrest, or mere verbal proffer of the warrant or
personal service thereof is insufficient, except when followed by a
submission.
Who are those persons exempted from arrest?
The following are persons exempted from arrest:
1) Members of the Senate and Congress. They shall be privileged
from arrest during their attendance a the session of the Congress
or Senate and in going to and returning from the same for offenses
punishable by not more than six years imprisonment, and
2) Under the principles of International Law also exempt are
foreign sovereigns, ambassadors, ministers and persons belonging to
their official entourage.
When may the use of force be justified?
The employment of unnecessary or unreasonable force or greater
restraint than what is needed for the detention of the person
arrested is prohibited. Person authorized to make arrest may,
however, employ force or violence to the extent of effectively
overcoming active resistance to an arrest. And, it is not necessary
that the person arrested make an actual attack upon his captor. His
refusal to obey and surrender, or an attempt to escape suffices the
justification for the employment of force. (U.S. vs. Bertucio, 1
Phil. 47)
SECTION 3. Duty of arresting officer It shall be the duty of the
officer executing the warrant without unnecessary delay to arrest
the accused and to deliver him to the nearest police station or
jail.
What is essential to make a warrant of arrest valid.
For a warrant of arrest to be valid, it is essential that the
person to be arrested is identified by the terms of the warrant. If
ever possible, the name and description of the person to be served
with a warrant of arrest must be inserted in it. Where the name is
unknown, the warrant must contain a description as will enable the
officer to identify the person to be served. (People vs. Veloso, 48
Phil. 169) If it does not contain the name of the defendant or any
description of designation by which he could be known and
identified as the person sought, it is void.
What is John Doe warrant? And what is necessary to make a
sufficient warrant?
A warrant issued upon an unnamed party is called a John Doe
warrant. It is necessary that the party should be sufficiently
identified. Such a warrant must contain the best description
personae of the person to be apprehended; and this description must
be sufficient to indicate the proper person upon whom the warrant
is to be served. It should likewise state his personal
circumstances, appearance and peculiarities, give his occupation
and place of residence, and any other circumstances by means of
which he can be identified. (Whartons Criminal Procedure, pp.
51-56)
Does the power to arrest carry with is to confiscate articles
found in the person to be arrested? Explain.
An officer making an arrest has no right to confiscate any
object found in the possession of the party arrested unless 1) the
object found in his possession was used in the commission of the
crime; or 2) was the fruit of the crime, or 3) which might furnish
the prisoner with the means of committing violence or of escaping;
or 4) which may be used as evidence in the trial of the case.
(Moreno vs. Ago Chi, 12 Phil. 439)
When may irregularity in issuance of order of arrest be
considered waived?
Irregularity in the issuance of an order of arrest is waived by
posting of a bail bond. (Moreno vs. Ago Chi, 12 Phil. 439)
SEC. 4. Execution of warrant The head of the office to whom the
warrant of arrest has been delivered for execution shall cause the
warrant to be executed within ten (10) days from receipt thereof.
Within ten (10) days after the expiration of such period, the
officer to whom it was assigned for execution shall make a return
to the judge who issued the warrant and, in case of his failure to
execute the same, shall state the reasons therefore.
SEC. 5. Arrest without warrant; when lawful - A peace officer or
a private person may, without a warrant, arrest a person:
a) When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to commit an
offense;
b) When an offense has in fact just been committed, and he has
personal knowledge of facts indicating that the person to be
arrested has committed it; and
c) When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgment or temporarily confined while his case is pending; or has
escaped while being transferred from one confinement to
another.
In cases falling under paragraphs (a) and (b) hereof, the person
arrested without a warrant shall be forth with delivered to the
nearest police station or jail, and he shall be proceeded against
in accordance with Rule 112, Section 7.
What must be necessary in all cases wherein the law authorizes a
peace officer to arrest without warrant?
In all the cases enumerated wherein the law authorizes a peace
officer to arrest without warrant, the officer making the arrest
must have personal knowledge that the person being arrested has
committed, is actually committing, or is about to commit an
offenses in his presence or within his view, or of the time, place
or circumstances which reasonably tend to show such breach of
peace.
The testimony of the officer on the commission of the offense in
his presence, or within his view by the person arrested, or on the
facts and circumstances that tended reasonably to show that said
person had committed or was about to commit an offense, would be
sufficient basis for the City Fiscal to file an information without
prejudice to his presenting the other evidence and witnesses, if
any, at the trial to insure the conviction of the defendant. (Sayo
vs. Chief of Police, 80 Phil. 875)
What is the meaning of the phrase commission of offense in the
presence of a peace officer or a private person?
An offense is committed in the presence or within the view of an
officer within the meaning of the rule authorizing an arrest
without warrant when the officer sees the offense, although at a
distance, or hears the disturbance created thereby and proceeds at
once to the scene thereof; or the offense is continuing, or has not
been consummated, at the time the arrest is made. (U.S. vs.
Samonte, 16 Phil. 516)
What is the basis for its legality of an arrest without
warrant?
In the case of U.S. vs. Sanchez, 12 Phil. 472, our Supreme Court
held that the legality of the detention does not depend upon the
facts of the crime, but upon the nature of the deed, wherefrom such
characterization may reasonably be inferred by the officer of
functionary to whom the law at that moment leaves the decision for
the urgent purpose of suspending the liberty of the citizen. Good
faith, therefore, absolves arresting officer from liability if he
arrest without warrant upon reasonable grounds. (U.S. vs. Santos,
36 Phil. 442)
May an escaped convict have the right to demand that a person
arresting him be armed with a warrant?
Under paragraph (c) of Section 5, Rule 113, a convict who evades
sentence by escaping from the custody of a policeman or a penal
institution may be arrested without warrant by a peace officer or
by a private individual. (Salonga vs. Holland, 76 Phil. 412) An
escaped convict, therefore, has no right to demand that a person
arresting him be armed with a warrant. (Salonga vs. Holland, 76
Phil. 412)
SEC. 6. Time of making arrest An arrest may be made on any day
and at any time of the day or night.
SEC. 7. Method of arrest by officer by virtue of warrant When
making an arrest by virtue of a warrant the officer shall inform
the person to be arrested of the cause of the arrest and of the
fact that a warrant has been issued for his arrest, except when he
flies or forcibly resists before the officer has opportunity to
inform him or when the giving of such information will imperil the
arrest. The officer need not have the warrant in his possession at
the time of the arrest but after the arrest, if the person arrested
so requires, the warrant shall be shown to him as soon as
practicable.
In the method of arrest by officer by virtue of a warrant, does
it mean that said officer must have the possession of the warrant
at the time of the arrest? Explain.
Under Section 7, Rule 113, the officer need not have the warrant
in his possession at the time of the arrest but after the arrest,
if the person arrested so requires, the warrant shall be shown to
him as soon as practicable.
What the officer should do is to inform the person to be
arrested of the cause of the arrest and of the fact that a warrant
has been issued for his arrest. This method of arrest does not
apply when the person to be arrested flies or forcibly resists
before the officer has opportunity to inform him or when the giving
of such information will imperil the arrest.
SEC. 8. Method of arrest by officer without warrant When making
an arrest without a warrant, the officer shall inform the person to
be arrested of his authority and the cause of the arrest, unless
the person to be arrested is then engaged in the commission of an
offense or is pursued immediately after its commission or after an
escape, or flees or forcibly resists before the officer has
opportunity to inform him, or when the giving of such information
will imperil the arrest.
Distinguish the two methods of arrest provided for in Sections 7
and 8
The following are the two distinctions between these two methods
of arrest:
1) In section 7, when making an arrest by virtue of a warrant,
the officer shall inform the person to be arrested of the cause of
the arrest and of the fact that a warrant has been issued for his
arrest; while in Section 8, when making an arrest without a
warrant, the officer shall inform the person to be arrested of his
authority and the cause of the arrest; and
2) The method required in Section 7 does not apply when the
person to be arrested flees or forcibly resists before the officer
has the opportunity to inform him or when the giving of such
information will imperil the arrest, while the method in Section 8,
does not apply when the person to be arrested is then engaged in
the commission of an offense, or is pursued immediately after its
commission or after an escape, or flees or forcibly resist before
the officer has the opportunity to inform him, or when the giving
of such information will imperil the arrest.
SEC. 9. Method of arrest by a private person A private person
when making an arrest shall inform the person to be arrested of the
intention to arrest him and cause of the arrest, unless the person
to be arrested is then engaged in the commission of an offense, or
is pursued immediately after its commission or after an escape, or
flees or forcibly resists before the person making the arrest has
opportunity to inform him, or when the giving of such information
will imperil the arrest.
What must be required for a private person to make arrests?
The power of a private person to arrest without warrant is one
that must be exercised in utmost good faith or else it would be an
excuse for violation of the individual liberties guaranteed in the
Constitution. (People vs. Gala, CA-G.R. No. L-13244-R, Dec. 15,
1955)
SEC. 10. Officer may summon assistance An officer making a
lawful arrest may orally summon as many persons as he deems
necessary to aid him in making the arrest. Every person so summoned
by an officer shall aid him in making such arrest, when he can
render such aid without detriment to himself.
What do you understand about an agent of authority?
It has been held that the phrase an agent of authority includes
not only those persons who, by direct provision of law or by
appointments of competent authority are charged with the
maintenance of public order and the protection and security of life
and property, but also such persons who come to their aid, provided
they lend their assistance by virtue of an order or request of such
agent of authority. (People vs. Gala, CA-G.R. No. L-13244-R, Dec.
15, 1955)
In effect, where a private person makes an arrest for an offense
not committed in his presence or on pursuit, he should, before
making the arrest, notify the person to be arrested of the cause of
the apprehension, but this duty is dispensed with when the person
to be arrested knows of the intention to arrest and the case
thereof.
SEC. 11. Right of officer to break into building or enclosure An
officer in order to make an arrest either by virtue of a warrant or
when authorized to make such arrest for an offense without a
warrant, as provided in Section 5, may break into any building or
enclosure in which the person to be arrested is or is reasonably
believed to be, if he is refused admittance thereto, after he has
announced his authority and purpose.
What are the two instances when forcible entry of dwellings or
buildings is made by officer in order to effect arrest?
The following are two instance when forcible entry of dwellings
or buildings may be made by officer in order to effect arrest:
1) An officer has authority to break open the outer or other
doors of a dwelling house of the person whose arrest is directed by
the writ, and enter and search the dwelling to arrest the offender,
woven though it is during the nighttime. This right to break the
outer doors to make an arrest includes, of course, the right to
break open doors of different rooms and chambers in the house to
make a thorough search of the premises.
From this point if follows that an officer who has a warrant for
the arrest of a person in a house and who upon being refused
admittance breaks the door, cannot be considered as a trespasser
even though, upon search, the defendant named in the process is not
found or shown to be in the dwelling at the time. It is not
necessary that the house the officer may have broke into, be the
property of the defendant; it is sufficient if it is a house in
which, for the time being, he is dwelling in.
2) Arrest after escape or rescue without warrant From the duty
of an officer to hold his prisoner in his custody flows the right
to pursue those who illegally make their escape and while on fresh
pursuit he may arrest them without warrant, and may make search
without a warrant of any premises in which he has reasonable ground
to believe the prisoner is hiding for that purpose he may, after
due demand for admission and refusal, force an entry into the
building or premises to be searched.
Does a private person in making arrest, posses the right to
break into a building?
A private person may justify breaking into and entering anothers
dwelling house if such breaking is necessary for the purpose of
making an arrest for a felony or to prevent the commission of a
felony.
When may notice of purpose and demand for admission necessary?
Give exception, if any.
It is a rule that an officer or a private person, before
breaking into and entering the house of another to arrest a person,
under a warrant of arrest or order of arrest or for a crime or
breach of the peace where a warrant is not necessary, should make
known his purposes and demand admittance. One exception is, if a
person fortifies himself in his home with the avowed intention of
defying an arrest to the extent of shedding blood, notice of
purpose and demand for admission is not necessary.
SEC. 12. Right to break out of building or enclosure to effect
release Whenever an officer has entered the building or enclosure
in accordance with the provisions of the preceding section, he may
break out therefrom when necessary for the purpose of liberating
himself.
SEC. 13. Arrest after escape or rescue If a person lawfully
arrested escapes or is rescued, any person may immediately pursue
or retake him without a warrant at any time and in any place within
the Philippines.
SEC. 14. Right of attorney or relative to visit person arrested
any member of the bar shall, at the request of the person arrested
or of another acting in his behalf, have the right to visit and
confer privately with such person, in the jail or any other place
of custody at any hour of the day or, in urgent cases, of the
night. This right shall also be exercised by any relative of the
person arrested subject to reasonable regulation.
SEARCHES AND SEIZURES
Article III, Sec. 1, No. 3 Bill of Rights,
PHILIPPINE CONSTITUTION
The right of the people to be secured in their persons, houses,
papers, and effects against unreasonable searches and seizures
shall not be violated and the warrant shall be issued upon probable
causes to be determined by the judge after examination under oath
or affirmation of the complainant and the witnesses, he may
produce, and particularly describing the place to be searched, and
the person or things to be seized.
Purposes of the Constitutional Provision
The purpose is to prevent violation of the private security on
person and property, and unlawful invasion of the sanctity of the
home by officers of the law acting under legislative or judicial
sanction, and to give remedy against such usurpations when
attempted. (Adams vs. New York, 192, U.S., 585)
Search and Seizure, Rule 126, New Rules of Court in the
Philippines
SECTION 1. Search Warrant Defined A search warrant is an order
in writing and issued in the name of the people of the Philippines;
signed by a municipal or city judge and directed to a peace
officer, commanding him to search for personal property and bring
it before the court.
SEC. 2. Personal Property to be Seized A search warrant maybe
issued for the search and seizure of the following personal
property:
a. Property subject of the offense.
b. Property stolen or embezzled and other proceeds or fruits of
the offense; and
c. Property used or intended to be used as the means of
committing an offense.
SEC. 3. Requisites for issuing a search warrant A search warrant
shall be issued only upon probable cause in connection with one
specific offense to be determined by the municipal or city judge
after examination under oath or affirmation of the complaint and
the witnesses he may produce, and particularly describing the place
to be searched and the persons or things to be seized.
SEC. 4. Examination of the Applicant The municipal or city judge
must, before issuing the warrant, personally examine on the oath or
affirmation, the complainant and any witnesses he may produce and
take their depositions in writing and attach them to the record, in
addition to any affidavits presented to him.
SEC. 5. Issuance and Form of a Search Warrant If the municipal
or city judge is thereupon satisfied of the existence of facts upon
which the application is based, or that there is probable cause to
believe that exists, he must issue the warrant which must be
substantially in the form prescribed by these rules.
SEC. 6. Right to break door or window to effect search The
officer, if refused admittance to the place of directed search,
after giving notice of his purpose and authority, may break any
outer or inner door or window of a house or any part of a house or
anything therein to execute the warrant or liberate himself or any
person lawfully aiding him when unlawfully detained therein.
SEC. 7. Search of a house, room or premises to be made in the
presence of witnesses No search of a house; room or any other
premises shall be made except in the presence of at least one (1)
competent witness, resident of the neighborhood.
SEC. 8. Time of making the Search The warrant directs that if it
is served in the daytime. Unless the affidavit asserts that the
property is on the person or in the place ordered to be searched,
in which case a direction maybe inserted that it be served at
anytime of the day or night.
SEC. 9. Validity of the Search Warrant A search warrant shall be
valid for ten (10) days from its date. Thereafter it shall be
void.
SEC. 10. Receipt for the property seized The officer seizing
property under the arrest must give a detailed receipt for the same
to the person on whom or in whose possession it was found, or in
the absence of any person, must in the presence of at least one
witness, leave a receipt in the place in which he found the seized
property.
SEC. 11. Delivery of property and inventory thereof to court The
officers must forthwith deliver the property to the municipal or
judge of a City Court of the Court of First Instance who issued the
warrant, together with a true inventory thereof duly verified by
oath.
SECT. 12. Search without a Warrant of person(s) arrested A
person charged with an offense maybe searched for dangerous weapons
or anything which maybe used as proof of the commission of the
offense.
1. Why is a search of a person conducted?
A search of a person is conducted to discover weapons or
evidence(s) or to determine identity.
2. Define Seizure.
Seizure is the taking into custody of property found by
searching.
3. What are the kinds of search?
a. Preliminary Search of a Person This is ordinarily made at the
time and scene of an arrest. Its primary purposes are:
1. To discover concealed weapons; and
2. Seizure of incriminating evidence which might otherwise be
destroyed.
b. Complete Search This is done at the place of detention
wherein the subject is stripped and clothings and other possessions
are thoroughly examined.
4. Give and explain each of the Preliminary Searchers.
a. Wall Search The prisoner is placed about ten inches out or
arms reach from the wall. He is then made to lean forward against
the wall with his head down. In this position, he is off balance.
If he moves his hand from the wall, he will fall down. His loss of
balance prohibits any sudden movement or attempt to strike a
blow.
b. Position A subject to be placed in position for a wall search
is first ordered to face the wall with his feet approximately one
yard from the wall. During the operation, the investigator stands
well in the back of the subject covering him with a fireman. When
the subject is in a leaning position, his feet are forced another
12 inches from the wall so that without support from the wall, he
would fall down. The subject is ordered to keep his head down
during the search
c. Technique To prevent any sudden movement on the part of the
subject, the searcher places his leg in front of the subjects right
leg. To search the left side, he places his right leg in front of
the subjects left leg. In this position, the subject is easily
tripped if he attempts a sudden movement.
To search the right side of the subject, the investigator places
his gun on his left hand and searches with his right hand. For the
left side, the left hand is used with the gun in his right
hand.
The following are the steps to be followed in a methodical
search:
1. Remove the subjects hat, examine it, and replace it.
2. Feel along the back from the area between the shoulder to the
waist and up to the right armpit. (The left armpit is searched
later after shifting to the left side).
3. Run the hand firmly along the right arm to the fingers,
continuously.
4. Feel the throat, chest and waist on the appropriate side.
5. Empty the watch pocket.
6. Empty all other pockets.
7. Examine for false pocket(s).
8. Empty the trouser pockets on the side and back.
9. Search the crotch areas.
10. Feel down the inside of the leg to the ankle.
11. Search the trouser cuffs, sock and shoe opening.
12. Feel the outside of the leg.
After completing the search on one side, the investigator step
back, shifts his gun to the other hand, and proceeds to search the
other side.
d. Kneeling Search This is used where no wall or upright object
is available for the wall search. The subject is required to kneel
with hands raised or secured behind him with handcuffs. The search
is that which is similar to the one used in the wall method. The
subject should be directed to remain motionless and to face the
front. The officer should place one foot on the heel of the
subjects foot. Should the subject attempt to resist, the
investigator can pin the heel of the subject to the ground.
e. Floor Search The subject is in a prone position, face down
touching the ground, with arms extended over his head. The
investigator crouches at the side of the subject at the region of
the waist of the subject.
f. Standing Search The subject is in a standing position with
feet apart and hands raised. The searcher stands to the rear and
uses the techniques as in wall search. This method is only applied
or employed when there are two or more arresting officers.
5. What are the two (2) restraining devices?
a. Handcuffs this is the procedure of applying the handcuff
after the completion of the wall search:
1. While the assisting investigator is guarding the subject, the
searching investigator returns his weapon to the holster, and
working from the back of the subject, order the suspect to give his
right wrist, to which the investigator fastens one cuff. The
searching investigator will then order the subject to place his
right hand behind him.
2. The subject is ordered to place his head against the wall and
put his other hand in the rear. The second cuff is then placed.
If the subject is to be transported to a great distance, it is
desirable to place the handcuffs in front and secure the cuffs of
his belt.
If there are more than one prisoner and there is only one pair
of handcuffs, one cuff is attached to one end and the other to
another subject. If there are four subjects, the chain of one pair
of cuff can be placed through the other.
b. Other means of restraint If no handcuffs is available, the
subjects belt can be used. Neckties or short pieces.
6. Explain the Complete Search
If there is doubt as the thoroughness of the preliminary search,
a second and a more thorough search should be made at the place of
detention.
The subject should be required to remove clothings and place
them on a table. The subject should then be searched carefully.
In the examination of the subject and his clothings, particular
attention must be given to the following:
a. Articles that might be used against the searcher or to effect
an escape (firearms, knives, knuckles, explosives, etc.)
b. Articles that might be used by the subject to commit suicide
(poisons, razor, blade, glasses, etc.)
c. Articles that constitute the fruit of the crime (stolen
properties, or properties of any type suspected of having been
stolen).
d. Articles used in the commission of the crime.
e. Articles of evidence that may used to support charges against
the subject (papers, maps, sketches, documents, names, etc.)
Legal and moral consideration to be observed during custodial
investigation.
MIRANDA DOCTRINE:
The origin is of America jurisprudence, Mr. Miranda, a Latino
was accused of a serious offense somewhere in the state of Arizona.
He was interrogated exhaustedly by the Arizona Police leading to
his confession. Based on his confession, he was charged, tried and
convicted. Appeal of his conviction was made before the Arizona
Supreme Court but his conviction was affirmed. The appeal was then
elevated to the US Supreme Court where there was a reversal of the
decision and he was acquitted on Constitutional grounds.
It was in this case, entitled Miranda vs. Arizona that the US
Supreme Court laid down the constitutional rights of the accused
during the custodial interrogation. It was incorporated in our 1973
Constitution and later in the 1987 Constitution of the Philippines.
This is known as the Miranda Rule of Doctrine.
RIGHT OF THE PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION (RA 7438)
a. The right to remain silent
b. The right to have competent and independent counsel,
preferably of his own choice, who shall at all time be allowed to
confer privately with the person arrested, detained, or under
custodial investigation.
c. If such person cannot afford the service of his own counsel,
he must be provided with a competent and independent counsel by the
investigating officer.
d. Shall be allowed visits by or conferences with any members of
his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or
by his counsel, or by any national non-governmental organization
duly accredited by the Commission of Human Rights of by any
international non-governmental organization duly accredited by the
Office of the President.
Note: Immediate Family includes:
Spouse Fiance or Fiances Parent Cnild Brother
Sister Grandparent Grandchild Uncle Aunt
Nephew Niece Guardian Ward
THE DUTIES OF THE ARRESTING, DETAINING
AND INVESTIGATING OFFICER
Pursuant to Republic Act # 7438 provides, that any public
officer or employee, or anyone acting under his order or in his
place, who arrested, detained or investigate any person for the
commission of an offense shall inform the latter of the following,
to wit:
a. His rights as provided for under Republic Act 7438 in a
language known to and understood by him;
b. The custodial investigation report shall be reduced to
writing.
c. Before such report is signed, or thumb marked by the person
arrested, detained or under custodial investigation who does not
know how to read and write, it shall be read and adequately
explained to him by his counsel or by the assisting counsel
provided by the investigating officer in the language or dialect
known to such arrested person, otherwise, such investigation report
shall be null and void and of no effect whatsoever.
d. Any extra-judicial confession made must be in writing and
signed by such person in the presence of his counsel or in latters
absence, upon a valid waiver, and in the presence of any of the
parents, elder brother and sister, his spouse, the municipal mayor,
the municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him;
e. Any waiver under the provision of Article 125 of the Revised
Penal code, or under custodial investigation, shall be in writing
and signed by such person in the presence of his counsel.
Note: In the absence of any lawyer, no custodial investigation
shall be conducted and the suspected person can only be detained by
the investigating officer in accordance with the provision of
Article 125 of the Revise Penal Code.