Fundamentals of Criminal Investigation.pdf

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-1investigation agrees that this also helped in fast-

tracking the evolution of criminal investigation.

FUNDAMENTALS OF CRIMINAL INVESTIGATION

EARLY CONTRIBUTORS ATTY. ARTEMIO JAY G. TORREDES, RCRIM. Eugene Francois Vidoque – a former convict who

Partner, Torredes Partner, Torredes Cedeno Cedeno & Associates Associates Law Firm, Firm, Cebu City Former Dean, Criminology Department, Department, UC Main

became the head of Surete, which was recognized

Former Professor, Graduate School Department, UC Main

at that time as France’s premier detective agency.

Academic Director, CMT Target Criminology Review

He is credited for his effective use of criminals to

Former Corporate Attorney, MCIAA

catch criminals. Vidoque’s unorthodox approach

Member, IBP Cebu Province Chapter

later became a model for John Wilkes Booth who

Topnotcher (1st Place) Sept. 2002 Criminologist Licensure

infamously stated that that “it takes a thief to catch a thief”.

Henry & John Fielding – Henry Fielding was a travelling magistrate of England who established

PART 1…

the world’s first uniformed police force in Bow Street, a road notorious for thievery. Also known as

INTRODUCTION

“runners” or “thief -takers”, they they conduct patrol and Criminal investigation in its modern form is a

respond to reported incidents. When Henry died,

rather recent development. In the past, crimes are

he was replaced by his blind brother John as head

solved not by scientific methods of inquiry but

of the Bow Street Runners. This eventually became

rather through crude and discredited means such

a

as witchcraft, torture and other similar methods.

(Scotland Yard) of Sir Robert Peel.

Early 19th Century Criminologists saw the need to

Dr. Hans Gross – father of Criminalistics, he

develop a scientific means of identifying criminals

published published

because the criminological theories are useless

Investigation” which pave the way for Edmund

unless we send the right persons to jail or prisons.

Locard to incorporate modern science to police

For instance, the classical theory of deterrence and

works.

model

for

a

the

London

book

entitled

Metropolitan

“Modern

Police

Criminal

positivist theory of rehabilitation cannot be applied to

an

innocent

person

since

no

amount

of

Edmund

Locard – French

criminologist,

he

punishment or treatment can deter or treat an

established the world’s first crime laboratory in

innocent person. Thus, Dr. Hans Gross, Edmund

Lyon, France. He expounded expounde d Dr. Gross’ theory by

Locard and August Vollmer undertook to establish

stating that “when two object come into contact

the earliest crime laboratory in the world to

with one another, they leave traces of each other

advance the art and science of investigation.

behind” (there is always something left behind at

Interestingly, a series of books published by Sir

the crime scene). This became known as Locard’s

Arthur Conan Doyle features a fictional character

Exchange Principle upon which modern forensic

named Sherlock Holmes as a detective who used

science owes its theoretical foundation.

crude scientific methods in investigating crimes long before the world has seen its first crime

Sir Llewelleyn William Atcherly – Chief – Chief Constable of

laboratories. Contemporary authorities in criminal

West Riding, Yorshire. He pioneered the recording of M.O. (modus operandi) files as investigative aids

2

nd

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that can be used to identify criminals based on the

-2private protection business known as the Wells-

tools they use, the manner of commission, the time

Fargo & Co.

of the crime, and other pertinent data. August Vollmer – He served as an Army Sergeant Thomas Byrnes – he

discovered

that

Modus

in the Philippines during the Spanish-American

Operandi do not remain the same and it changes

war and became an Army Policemen who oversaw

as the career progression of the criminal changes.

the integration of former Guardia Civil into the new

He instituted the Bulmerry Morning Street Parade

Insular

– a practice where captured criminals are paraded

Constabulary.

Philippine

convinced

His

experience

him

of

the

in need

the to

in front of the police force in order to facilitate easy

professionalize policing and shield it from politics.

identification in case they commit crimes in the

He reluctantly accepted the position of Marshal of

future. This is the origin of the Police Line-Up.

Berkeley

California

when

a

posse

was

commissioned in order to respond to a train Alphonse

Bertillon

Identification

who

individualization

of

–

father

framed a

of

Personal

Anthropometry

person

based

on

derailing

incident

(the

innovative

body

recognized.

and

approach

to

Following

was

policing

the

lead

that

began of

to

his be

European

development

descriptive words accompanying a sketch in order

established the first crime laboratory in the United

to identify criminals (also known as Portrait Parle –

States

French for “word picture” or “talking pictures”).

professionalize policing (Wadman & Allison, 2004,

With the advent of photography, drawings became

cited in Intro. to Theory, Practice & Career Devt. in

out

Public & Private Invst., Gunter & Hertig, 2005).

of

fashion.

Nevertheless,

the

practice

of

order

Criminal

then

measurements). This supplemented the practice of

in

in

it

to

Investigation,

support

his

efforts

he

to

accumulating Rogues Gallery became imbedded in policing around the world.

John Edgar Hoover – director of the Federal Bureau of Investigation, his efforts to centralize

Jonathan Wild – Wild – conceived conceived a business of recovering

information

on

fugitives,

criminal

activity,

stolen properties for a fee in England in the 17 th

organized crime, fingerprints, etc., led to the

Century (theif-takers). Arguably the world’ world ’ s first

further development of criminal investigation.

private detective, he took advantage of a system of bounty

and

rewards

set

up

by

the

British

INVESTIGATION

Parliamentary Reward System. The word “investigation” came from the latin word Alan Pinkerton – he was a pioneer in non-

“vestigare”, which means “to track or to trace”.

government policing and private detective works in the US. The company he established bore his name

Investigation is not unique to law enforcement. As

(Pinkertons) and have a logo of an eye with the

a

inscription inscription “we never sleep” which the American

conduct

public came to know as “private eye”. Among the

specialization. Thus, a doctor must first diagnose

famous

Harry

the disease before he can recommend the cure. He

“Sundance Kid” Kid” Longbaugh of the Butch Cassidy

must investigate. Likewise, an engineer cannot

outlaw gang. He is also credited for hiring the first

calculate the concrete unless he measures the floor

female involved in investigative works, Mrs. Kate

area of the structure he is building. He must

Warne. The Pinkertons are rivaled only by another

investigate.

cases

they

solved

2

nd

involved

matter

of

fact,

other

investigation


professions on

their

routinely fields

of


-3prevent the closure of the case. This usually

CRIMINAL INVESTIGATION:

happens when unethical investigative practices are When applied to law enforcement, it is safe to state

resorted to, thereby requiring re-investigation in

that crimes cannot be solved on its own unless the

order to prevent a miscarriage of justice. These

police conducts criminal investigation. Criminal

unethical investigative practices may include:

investigation

is

“the

systematic,

step-by-step

i.

process of determining whether or not a crime has

ii.

been committed, and if so, who committed it”.

Torture Planting of evidence

iii.

Instigation

iv.

Frame-up – where an innocent person is

Since it involves a step-by-step process, it helps to

made to appear responsible for a crime

know

committed by another

the

different

stages

involved

in

the

development of a full blown criminal investigation,

v.

these are:

White wash or “cover up” – where officials deny the existence of a crime

1. Detection – is the fact of discovery. It is the chance event which triggers the operation of our

NOTE:

criminal justice system. This occurs when a possible crime is observed by the police or are

Criminal

Investigation,

in

whatever

stage,

is

reported to its attention.

primarily REPRESSIVE. Meaning, it comes into action only when a crime occurs. Crime prevention

2. Preliminary Investigation – the early of initial

is the first line of defense, when it fails, criminal

stage of the investigation immediately after the

investigation (the second line of defense) begins.

occurrence of the crime. This is usually done by

Criminal investigation therefore is reactive, rather

first responders or patrol officers who take the

than proactive.

following primary responsibilities on site: i.

Deal with emergencies first:

However,

-

Neutralize all threats

investigation be possibly considered PREVENTIVE?

-

Render aid to the injured

ii. iii.

v.

3.

you

are

Can

criminal

Cordon the crime scene

investigation, the police can prevent the same

Record all information and disseminate to

criminal from committing future crimes . In this very

available

limited

patrol

units

for

possible

hot

sense,

criminal

considered preventive.

Wait for detectives Make initial/spot report

Follow-up

Investigation – after

the

initial

investigation, a more thorough investigation is made by the detectives or investigators in order to tie up the loose ends of the initial investigation or further build up a stronger case.

4.

asked:

The answer is YES. By conducting thorough

pursuit iv.

if

Re-investigation – in

some

cases,

a

re-

investigation is resorted to whenever fatal errors are committed in the earlier investigations which 2

nd


investigation

may

be


SCHEMATIC

DIAGRAM

OF

THE

FLOW

OF

INVESTIGATION:

-4ask probing questions. He must do all of this while

being able to retain information. On top of this, he must prepare his report in a well arranged case folder.

The investigator also has the initial responsibility to recommend what offense to charge. He therefore must have a thorough understanding of the penal laws of the land. He is also expected to be well versed on the procedures for filing of complaint, application for Search Warrant, testimony in court, making of affidavits, etc. In addition, he must be able to identify the evidentiary value of materials and information he comes across in the course of his investigation. All of these require more than an average intellectual capability.

II. EMOTIONAL/PSYCHOLOGICAL – EMOTIONAL/PSYCHOLOGICAL – investigators often encounter cases which reveal the worst of human nature: father raping their own daughters, children

killing

their

own

parents,

neighbors

stealing from their own community, rapists who ravage and kill their own victims. I nvestigators who lack emotional and psychological maturity will find themselves personally affected by the cases they are handling. If things get too personal for an investigator, he loses his neutrality and objectivity by becoming too involved in the case.

QUALITIES OF A GOOD INVESTIGATOR

Not all police officers are fit for detective or investigative

works.

A

good

candidate

for

investigative assignment must possess adequate Intellectual, Emotional and Physical characteristics (Bennet & Hess, Criminal Investigation, 1995 Edition).

I.

emotionally

immature

policeman

may

be

susceptible to manipulation. Remember, not all complainants

are

victims.

For

instance:

A

complained that she was raped by B. Human nature

naturally

feels

sympathy

for

A,

the

complainant. But the investigator must not be swayed so easily. He must be suspicious of the

INTELLECTUAL

CHARACTERISTICS

–

investigators must be able to sort out facts from fictions

An

in

dealing

with

various

kinds

of

information. He must learn how to use inductive and deductive reasoning, use a logical process of elimination,

be

familiar

with

the

common

knowledge and motivations of men, and be able

2

nd

possibility that A is lying and was motivated by revenge, hatred or spite against B. Thus, a good investigator

must

have

the

diligence

and

professionalism to independently gather facts. This doctrine is strictly followed by the NBI.

III. PHYSICAL CHARACTERISTICS – the least important but nevertheless desirable characteristic



-5-

is the ability to work long hours in the field under

I. INFORMATION

challenging conditions. Oftentimes, detectives find themselves working in remote areas where there

For purposes of investigation, INFORMATION is

are no ready access to food, drinks and medicines.

“anything that tells us something, whether, correct

There are instances where the terrain t errain of the crime

or incorrect”. This is a general term that refers to

scene is physically challenging such as a ravine or

any facts, statements or materials surrounding the

a deep well where the investigator may have to

commission of a crime. If the information is of such

climb up and down. Most of the time, crime scenes

nature and quality that it could further advance

are exposed to the elements, the sun, the rain,

the investigation, that information is called a

chemicals and even infectious bacteria.

LEAD. When there are no more leads to develop, it is said that the investigation is facing a BLANK

CSI EFFECT

WALL.

CSI Effect is a recent phenomenon in relation to

SOURCES OF INFORMATION

criminal

investigation

that

results

to

an

“unrealistic expectations of the public in the

The following are sources of information:

conduct of criminal investigation” due chiefly to the

A. Persons

popularity of fictional TV shows such as CSI.

B. Places C. Things

Far from the glamorous depiction of detectives in televisions and the movies, effective investigators

A. Persons – Persons – these these are individuals who may be:

are often involved in hard work, risking their lives

1. Victims – the direct recipients of the crime

and limbs, and living anonymously far from the

itself

who

suffered

direct

or

indirect

limelights often depicted in the movies.

loss/injury as a consequence thereof 2. Complainants – persons who informs the

GOALS OF CRIMINAL INVESTIGATION

police

of

a

crime

and

demands

that

something be done about it Criminal investigation have the following generally

3. Witnesses – third

accepted objectives:

personal

1. To determine whether or not a crime has

knowledge

persons of

who

have

relevant

facts

surrounding a crime

been committed

4. Informers/Informants to

a

furnishes

2. To identify & arrest the suspect

information

3. To provide the prosecution with evidence

voluntarily or for a consideration

necessary to support conviction

relative

–

crime

either

5. Suspects – person who is accused as the

4. To recover stolen property

author of the crime

INVESTIGATIVE TOOLS (3 I’s of investigation)

The following are recognized tools of investigators:

Interview & Interrogation

In processing persons as sources of information, the investigator generally conducts an INTERVIEW

1. Information

– a friendly and cooperative conversation for the

2. Instrumentation

purpose of obtaining as much relevant information

3. Interrogation

as

the

source

can

possibly

give

under

the

circumstances. However, when the subject is the 2

nd



suspect himself or a hostile/uncooperative witness – the conversation is rather confrontational and is called

INTERROGATION.

With

respect

to

-6reveal UNKNOWN facts – facts that needs to be

developed further.

the

suspect, interrogation is valid only if made in

Suppose you came across a tanod who responded

compliance with MIRANDA RIGHTS.

to the scene first, you may ask him the following questions based on the above known facts:

Planning the interview

1. You were one of the first tanods who responded to the alarm first? Ans. Yes

The interviewer must have a general knowledge of

2. What’s your name? Ans. Pedro dela Calzada

the crime before he could start asking intelligent

3. How did you came to know of the killing?

questions and illicit useful information from the

Who reported it to you and where do he

interviewee. He must first gather the general data

lives? Ans. We received a phone call from

and start from there. These data involves the basic

Mario Ortiz regarding a shooting incident

5W and 1H of criminal investigation:

which he saw happen in front of his house.

1. What?

He lives just across the street where the

2. Where?

body of the victim was found.

3. When?

4. When you arrived, what was the situation

4. Who?

on site? Ans. People were panicking and

5. Why?

pointed towards Marigondon where the

6. How?

suspect fled on board a Yellow Honda XRM. 5. Did anybody saw the plate number of the

Thus, assuming that a homicide was reported and you are the criminal investigator. On site you must establish the following facts:

motorcycle? Ans. No sir. 6. The vitim Mr. Juan dela Cruz, is he known to you? Does he have known enemies? Ans.

1. What is the nature of the case?

Yes sir, I know the vict im. He has no known

2. Where was it committed?

enemy in our barangay but he had an

3. When did it happen?

altercation with a certain Jack Tattoo from

4. Who are the persons involved?

Marigondon because of a woman.

5. Why did it happen?

7. Who is this woman? Ans. The girlfriend of

6. How was it committed?

the victim sir, her name is Angel from Tacloban.

If after the above preliminary inquiries you have gathered that the crime involved death reportedly

Based on the following questions as framed by the

committed in Basak, Lapulapu City, on Auguts 1,

investigator, several unknown facts were revealed:

2013 at 10:00PM resulting to the death of one Mr.

first, there was an eyewitness named Mario Ortiz;

Juan dela Cruz who bore a single gunshot wound

secondly, victim had an earlier altercation with a

in the head from a .45 pistol, a bullet & a spent

certain Jack Tatoo from Marigondon because of

shell from .45 was recovered from the scene and

possible love triangle with Angel from Tacloban;

sent

third, the shooter rode a Yellow Honda XRM

to

the

laboratory,

at

the

time

of

the

commission, it initially appears that no one saw

motorcycle;

fourth,

the

suspect

fled

towards

the actual shooting.

Marigondon; and finally, what if ballistic tests shows that the .45 pistol used belonged to a

You must frame your questions from the above

certain Jack Tattoo? Would you consider this

KNOWN facts. Your purpose in interviewing is to

coincidence important? You now have several leads

2

nd



(information

that

can

further

advance

the

investigation). You must follow these leads until

-7where the body was found are secondary crime

scenes.

the identity of the accused is established beyond reasonable doubt. Otherwise, you will face a blank

What if instead of dumping B’s body in the Smokey

wall.

Mountain, A made it appear as if B committed suicide inside the car and falsified a suicide letter?

(For interrogation, see discussions below in pages

That is called Pseudo (False) Crime Scene.

11, 12 & 13) Please take note that all crime scenes must be Note: Ideal investigators are naturally inquisitive

processed, whether primary, secondary or pseudo.

and suspicious (without showing it to the subject).

However, it must be stressed that importance must

As

be given to locating the primary crime scene.

the

he

becomes

more

seasoned,

framing

questions that elicits the most information from the

source

becomes

almost

automatic

by

experience. That is why investigation is considered

Processing the Crime Scene:

both a SCIENCE and an ART. Crime scene operatives must first conduct a thorough

walk-through

around

the

outermost

B. Places – places as a source of information

boundaries of the crime scene. He must make an

generally refers to the SCENE OF THE CRIME

initial determination of the entry point, exit point

(locus

the

and contact points, determine the size of the scene

scene

and extent of evidence distribution, and plan the

criminis).

investigators

to

It locate

is

important

the

true

for

crime

because it contains the highest concentration of

appropriate

search

pattern

physical evidence and possible witnesses of its

particular crime scene.

to

use

for

that

commission. Entry point is that part of the scene where the Crime scenes may be:

suspect gained access inside a room, house or a

1. Primary Crime Scene – Scene – the place where the crime was committed

building. Exit point, on the other hand, refers to that part of the scene where he left, took flight or

2. Secondary Crime Scene – the place where the crime was continued

escaped. Contact points are those part of the crime scene where the suspects’ suspects’ body, body, clothing’s or tools

3. Pseudo Crime Scene – Scene – a a crime scene staged

have disturbed, touched, made contact with, or

to mislead, cover-up, or conceal what really

stepped into. Contact points may contain the

happened

suspects DNA, fingerprints, shoeprints, etc.

For example:

The investigator must be cautious in approaching

A shot B in Room 69 of Manila Hotel. Afterwards, A placed

the

body

of

B

inside

the

crimes scene for the following reasons:

baggage

1. Unidentified suspects who may be armed

compartment of a blue Toyota Vios and dumped

and dangerous may still be lurking around

the body in Smokey Mountain where it was later

and could present a serious threat or harm

found.

to policemen and bystanders; 2. Families of the victim whose emotions

Room 69 of Manila Hotel is the primary crime

remain high may view the investigators with

scene. The Toyota Vios and the Smokey Mountain 2

nd



contempt and hostility which could possibly

-8However, the basic search pattern’s remains the

result to violence and altercations;

same. As the investigator becomes seasoned by

3. Evidence found at the crime scene may be

experience, selecting the most appropriate search

fragile and susceptible to destruction or

pattern

cross-contamination before they can be

INTUITION or GUT-FEEL (kutob). That is another

properly identified, photographed, packed

reason why investigation is considered both a

and

SCIENCE and an ART.

recorded,

resulting

to

needless

becomes

almost

automatic

by

mere

destruction of vital evidence; 4. Crime

scenes

may

contain

chemicals,

Different Search Patters:

viruses, or bacterial pathogens that may be

Search

harmful

investigators

Pattern

must have access to protective clothings,

Lane or

1. In case of 1. Takes a

1.

surgical masks, gloves, CBRN suits, and

Strip

multiple

short

thorough.

searchers,

to complete

to

humans,

thus

the likes; 5. Un-exploded bombs or ordnance may be

Procedure

Advantage

Disadvantage

time

Less

2.

Vital

each

evidence

found in the crime scene which may be

searchers

may

triggered when inadvertently disturbed;

align

6. Difficult terrains may present natural or

in

overlooked

straight

in

man-made hazards to field investigators

paths

and

such as landslides, flooding, collapse of

combs

the

building, electrocution, etc.

scene

the

search.

by

making

Selecting the most appropriate search pattern:

be

a

single

pass

on

their

lanes. The search pattern to be employed depends on

2. In case of

many factors, such as:

single

1. The crime committed and the type of

searcher, he

evidence that can be found (explosives,

makes

flammables, biohazards, or susceptible to

single

pass

rapid deterioration)

on

each

2. The nature of the terrain (is it indoor or

a

parallel

outdoor? Is it plain field or mountainous? Is

lines in an

it bare or thick with vegetation? Etc.)

opposite

3. The size of the area to be searched

direction

4. The number of personnel available

until all the

5. The tools and equipment’s of the search

lanes

teams

are

covered

6. The weather conditions

Double

1. Same as

1.

Strip

lane or strip

thorough

twice

Note: No two crime scenes are alike . Each crime

method but

2. Evidence

much

scenes are unique, thus different crime scenes

the searcher

missed

to complete

demands different search plans to be employed

makes

during the

than

a

according to the circumstances of each location. 2

nd


More

1.

Takes as time

a


-9-

second pass

first

pass

searchers

distance

adjacent

to

may

be

to focus on

from

first

an

search

important

points from

by radiating

area as the

the

outside

outward

or

search

is

greater

behind

towards the

moves

than

the

center of the

nearer

second

searchers in

crime scene.

the center

search

the

2.

criss-

pass (cross-

begins from

important

crosses one

contaminati

the

evidence

another.

on).

and ends in

may

the inside, it

overlooked

the search

in

such

a

manner

Spiral

single strip.

Radii,

search

2. Evidence

Pie, or

begins

seen

found

Spoke

ends

in

during the

the

focal

point

second

pass

pass

actually

that

the

left

first

and

by

1.

The

search begins

or

ends

in

a

focal

point

on

second may

first

1. Useful in

1.

tight

suitable

and

be

Not

If

it

medium and

Inner

spaces.

large

Wheel. If it

2.

scenes

Allows

clockwise or

to concen-

and ends in

counter-

trate

the

clockwise

around

circular

focal point

Outer

motions

where

Wheel.

around

center resulting to gaps

where

be

inside

outside

it is called

a

evidence is

Zone,

1. The crime

1. Suitable

1. Extensive

center of the

most likely

Sector,

scene

for

use

crime scene.

to be found

or

divided into

crime

resources

2.

(such

Quad-

several

scenes

and

rant

zones

If

the

the

begins from the

making

each

called

cramped

crime

to

outside

is

for

a

searchers

by

it

as

begins from

the body of

the

the victim).

is

large

or

such

sectors and

those

and ends in

assigned to

found

the inside, it

different

aircrash,

is

search

exposions,

outside

called

in

Spiral. If it

will conduct

the likes.

begins from

a

2. Suitable

the

search

the

separate for

their area

outside

arson, and

for

multi-

storey buildings,

it is called

each floors

Outer

are

Spiral.

considered

1.

The

1.

Allows

2

nd

1.

The


as

one

of

manpower 2.

teams

inside

who

as

Inner

and ends in

Wheel,

or

More

difficult document.

to


zone

- 10 Close up – shots indicating one specific

iii.

or

evidence with ruler or measuring device

sector

placed alongside the evidence Documenting the Crime Scene 2. Crime Scene Sketches and Measurements Crime scene documentation refers to the recording of all available information surrounding a crime scene and all activities which occurred therein.

Sketches may be: i.

Rough – Rough – taken taken at the field

ii.

This is done by:

Finished – based on the rough sketch but finalized in the office

1. Photography 2. Video and voice recording (First allowed in the

United

States

and

other

foreign

Sketches must describe the general floor plan of

CCTV

the room or the layout of the field, if outdoor. The

cameras, Philippine courts now allow the

position of items found in the crime scene must be

introduction of videos as evidence. The

shown as accuratly as possible. Each evidence

voice recording mentioned here refers to the

must be identified by letters “A to Z” and described

voice recording made by the investigator in

in a LEGEND appearing below the sketch. The

order to aid his memory, in case writing is

bearings

not possible)

indicating where is North, South, East or West.

countries.

With

the

advent

of

must

also

appear

on

the

sketch,

3. Crime scene sketch showing the location of important

items

and

measurements

of

The sketch must also contain measurements. Measurements may be made by:

distance 4. Evidence log

i.

Straight Baseline method

ii.

Diagonal Baseline method

iii.

1. Photographing the crime scene

Triangulation method

iv.

Cross-projection method

Photographing the crime scene requires shots to be Lastly, the sketch must bear the identity of its

taken from the following distances: i.

Long range – showing the scene with a

maker

and

signed

prominent landmark at the background to

considered hearsay.

by

him.

Otherwise,

it

is

indicate its general location. Long range

ii.

photographs must be taken in four (4)

C. Things – the last but certainly not the least

different ANGLES: front, right side, back

source of information are things. Things are any

and left side if the photographers moves in

tangible objects found at the crime scene or in

a clockwise fashion; or front, left side, back

possession of the suspect. These are objects of

and right side if the photographer moves in

evidentiary value. The investigative classification of

a counterclockwise fashion.

evidence is more technical and is somewhat

Medium range – shots highlighting a spot

different from the classification of evidence under

appearing in the long range shot. This may

the Rules of Court. Nevertheless, they are related

also be taken in order to show the positions

to one another.

of several evidence relative to one another Things include the following:

(group picture)

1. Trace evidence – minute evidence found at the crime scene which places the suspect 2

nd



on

scene

imprints,

such

as

cigarette

fingerprints, butts,

shoe

spermatozoa

- 11 4. Firearms Identification (Forensic Ballistics);

5. Questioned

(Criminal Investigation, Hess & Orthman). Trace evidence e vidence may include evidence which indicates the whereabouts and movements

Documents

&

Handwriting

Examinations; 6. Polygraph Examinations; and 7. Police Photography

of the suspect, such as hotel guest lists, plane tickets, ATM withdrawals, and the

Note: Recent developments in forensic science were

likes (Swanson, Chamelin & Territo)

intentionally

not

included

because

strictly

speaking, these are just additional developments of 2. Associative evidence – evidence – evidence evidence found in the

the above main forensic branches. For example,

suspect which places him at the crime

Forensic Odontology (study of dental or teeth

scene, such as bite marks, tools, & blood

structure) and Forensic Entomology (study of

stained shirts. There are also special types

carrion insects found in a decomposing body) are

of associative evidence called:

just

a

branch

of

Legal

Medicine.

Likewise,

a. Souvenir – part of the crime scene

Deoxyribonucleic Acid or DNA examination are

which the suspect intentionally took

part of Legal Medicine, Forensic Chemistry &

as a remembrance, such as the

Personal Identification.

underwear of a rape victim b. Trophy – Trophy – part of the body of the victim

which

the

III. INTERROGATION

suspect

intentionally took as a memento,

Unlike in interview where the purpose is to reveal

such as the pubic hairs of the rape

unknown facts, the purpose of interrogation is to

victim

confront the suspect with the evidence already

3. Evidence with class characteristics 4. Evidence with individual characteristics 5. Fruits of the crime

obtained from all sources (PERSONS, PLACES 7 THINGS) in order to encourage the suspect to confess.

6. Tools used in the commission of the crime Here, the investigator already have a clear picture II. INSTRUMENTATION

of what really happened. All that is left is to confront the suspect about his findings.

Instrumentation refers to the use of forensic tools in order to advance the goals of investigation. Also

Before starting the interrogation, however, he

called CRIMINALISTICS, this is where investigation

must remember the requirements of Miranda

becomes strictly scientific.

Rights and other pertinent laws such as RA (Rights of a Person Arrested, Detained or Under Custodial

We will not discuss each branches of Criminalistics

Interrogation) and RA 9745 (Anti-torture Act).

here but you will find it in another set of handouts where the details are best discussed. However, it

Miranda v. Arizona (Miranda Doctrine)

helps to run through them since instrumentation is one of the three (3) I’s of Criminal Investigation. These are:

Facts of the case: A white woman reported to the Arizona police that she was raped. The suspect was

1. Legal Medicine;

described by the victim as Mexican. The police

2. Forensic Chemistry & Toxicology;

rounded

3. Personal Identification;

description and one of them was Ernesto Miranda,

2

nd

up

several


suspects

who

fit

the


a truck driver of Mexican descent who does not

- 12 discovered it anyway, even in the absence

speak English and doesn’t know how to read or

of the confession, the accused could still be

write because he did not even finished grade

convicted.

school. When presented in a police-lineup, the woman

“positively

identified”

Miranda

as

the

Techniques/Approaches in Interrogation

culprit. During extensive interrogation, Miranda was made to sign a paper without the assistance of

1. Bad cop/good cop technique – a.k.a. Mutt

counsel which turned out to be a confession

& Jeff, Hot & Cold. In this approach, one

written in fluent English. On the basis of the

cop plays tough and intimidating while the

signed confession, however, he was convicted by

other plays soft and accommodating. The

the trial court.

objective of the bad cough is to lead the suspect to cooperate with the good cop.

Issue: Whether or not the conviction is proper.

2. Sympathetic approach – best used for sensitive

suspects

who

commit

crimes

Ruling of the US Supreme Court: The conviction is

because of fits of jealousy or emotions. The

erroneous and violates the Due Process clause of

questioning here usually starts with “I

the American Constitution. Every person accused

understand how you felt”, “If I were on your

of a crime has the right to be informed his right to

situation, I would probably do the same

remain silent; that what he says or do may be used

thing”.

against him in a court of law; he has the right to

3. Reflective

Interview

technique)

cannot afford, one will be provided to him for free.

investigator presents a psychological mirror

An accused who is not properly appraised of these

to the suspect and reverse the situation by

rights can lawfully contest the validity of any

making him understand the feelings of the

signed confession or statements, which, by virtue

victim. The questioning here are usually

of

veteran

framed in this manner: “How would you feel fee l

interrogators, he is too intimidated or powerless to

if it was your own child that was killed?”,

resist.

“The victims’ body is yet to be found, don’t

coercive

pressure

exerted

by

in

this

(Mirror

counsel, preferably of his own choice; and if he

the

–

Technique

approach,

the

youn think the victim deserves a proper Exceptions to the Miranda Rights:

Christian burial?”, etc.

1. When the accused freely and voluntarily waived this right; 2. Volunteered

4. Cognitive interview technique – in this approach,

information

carefully

examines the body-language of the suspect

accused, without waiving this right and

in relation to his answers in order for the

without

investigator to determine whether or not the

questioning, information

police

initiating

nevertheless which

when

interrogator

the

the

–

the

the

volunteered

contributed

to

his

conviction;

evidence

other

than

the

confession of the accused; and 4. Inevitable

5. Intellectual approach interrogation,

3. When the conviction is partly based on available

suspect is lying, evasive or deceptive.

discovery

rule – when

information furnished by the accused is of

2

is

fact accusations. The suspect is confronted hard,

undisputed

facts

and

encouraged to weight the advantages of cooperating rather than not-cooperating.

such nature that the police would have nd

questioning

characterized with frankness and matter-of-

with the

the

in this method of



6. Mixed approach – approach – the the combination of any or all of the above techniques.

Applies

to

- 13 Applies to suspects and

cooperative

witnesses

hostile witnesses

Example of intellectual approach: INVESTIGATION In

our previous imaginary case in our discussion

OF

CERTAIN

TYPES

OF

CRIMES (SPECIAL CRIME INVESTIGATION)

in interview (page 4 & 5), suppose you came face to face with Jack Tattoo and initiate the following

Investigating crimes is a joint responsibility of

intellectual approach:

every police officers, whether assigned on desk,

1. I am PO1 Devil from Cebu, are you Jack

patrol or investigation. Ordinarily, the combined

Tattoo? Ans. Yes I am. Why do you ask? ask?

efforts of these officers are sufficient to solve

2. You have the right to remain silent, etc. etc.

“COMMON” COMMON” crimes such as theft, physical injuries

3. Jack, I have information that on the night

or malicious mischief – mischief – matters that are usually

of August 1, 2013, you went to Basak and

covered during basic police training and are thus

shot Juan dela Cruz. I also had information

considered within the capability of each policeman

that several days before the shooting, you

to solve.

quarreled with the victim because of Angel from Tacloban. The victim died from a .45

However,

Cal.

“SPECIAL ” because the complex nature of the

Pistol

registered

in

your

name.

there

are

crimes

categorized

as

Witnesses saw the culprit ride a yellow

offense require additional qualifications and highly

Honda XRM towards your barangay in

specialized training – training – matters matters that are encountered

Marigondon. I conducted a background

only in advanced schooling.

check at LTO and found you owned a yellow Honda XRM motorcycle. If I were you, I

As understood in INTERNATIONAL context, the

would voluntarily surrender and admit the

following are areas of Special Crime Investigation:

crime

so

you

can

avail

of

mitigating

1. Cold case investigation

circumstances under the law. Even if you

2. Post-blast investigation

hire the best lawyer you could find, I

3. Air-crash investigation

guarantee you will be convicted.

4. Maritime disasters 5. Transnational crimes investigation:

Distinctions between Interview & Interrogations:

- Terrorism

Interview

Interrogation

- Organized crime

Friendly & Cooperative

Hostile &

- Human Trafficking

Confrontational

- Money laundering

Purpose

is

to

gather

unknown facts and/or

Purpose

is

to

- Computer crimes

obtain

6. Environmental crimes

confession

verify known facts Does

not

Miranda warning

require

Miranda

warning

is

In

the

Philippine

required if subject is the

considered

accused. If subject is a

Investigation:

hostile

by

witness

1. Homicide

no

2. Robbery

(uncooperative), Miranda required.

setting, the

3. Rape 4. Kidnapping

2

nd


PNP

the as

following Special

are

Crime


5. Carnapping

- 14 criminal cases involves several progress reports

6. Bomb threats and explosions

which the lead investigator collates alongside the

7. Illegal recruitment

initial report and other documents; and

8. Terrorist activities

3. Final or Closing report – report – contains contains a summary of all the findings, reports, documents and affidavits

(Note: The topic on Special Crimes Investigation in

and well as the recommendations of the lead

the Philippine Settings will be covered in another

investigator. Unlike progress reports, there can

handouts by Prof. Negro).

only be one final report.

Characteristics of a good report: CASE PREPARATION The quality of your work as an investigator is After doing everything we discussed above, the

judged by the quality of your report. Ideally, a

investigator now shifts to case preparation, which

police report must be like a bikini – brief – brief enough to

is loosely defined as “the gathering of all records of

make it interesting, yet broad enough to cover the

the case in an orderly, chronological and logical

most

manner, prior to the filing of the complaint”.

characteristics are desirable in a report:

These records consist of the following:

interesting

parts.

Thus,

the

following

Keyword: FACTUAL

1. Affidavits of complainant and witnesses 2. Affidavit of arresting officers (in case of entrapment or warrantless arrests)

1. Factual & Objective – Objective – the report must be based on

facts

and

must

be

free

of

conjectures,

3. Initial or spot report

speculations or opinions;

4. Progress reports

2. Accurate – ccurate – the the information contained in the

5. Crime laboratory examination results

report must be precise;

6. Closing or Final report which contains the

3. Concise & Complete – omplete – Concise Concise means the report

recommendations of the LEAD investigator 7. Indorsment by the Chief

must be as short as possible, direct to the point and not circuitous. Complete means the report must

Police Reports

contain

all

the

essential

elements

of

information (5W’s & 1H); 4. Timely – – the report must be submitted on time,

Police reports are the official record of the actions

otherwise, it becomes stale and useless;

taken by various police personnel in relation to an

5. Unadulterated – nadulterated – the the report must not be

event, incidence or crime.

embellished. Statements made by the witnesses must be recorded in “full” without adding or

Kinds:

subtracting from what the witness said, even if the investigator believes that the statement made by

1. Initial or Spot report – made immediately after

the witness is wrong. Your job is to record it, not to

an incident. Usually, within 24 hours. Usually

edit it;

made by patrol officers or first responders. In some

6. Analytical – nalytical – the the report must develop one unified

cases, entries in the police BLOTTER made by desk

theme culled from all the different sources of

officers also constitute a spot report;

information;

2. Progress reports – contains a brief of actions

7. L egible egible – the report must be made in such a

taken

manner that others can read and understand its

after

the

initial

investigation. 2

nd

Usually,



- 15 -

content, especially in case of handwritten reports. This is important, as handling officers may be

a) Dr. Mathieu Orfilla b) Dr. Rafael Genard Y Mas

assigned in different jurisdiction, retires, or may

c) Dr. Henry Faulds

become unavailable, so that other officers who

d) Dr. Hanz Gross

assume the investigation must be able to continue

e) Dr. Cesare Lombroso

the work of the previous investigator. Q. The world’ world’ s first crime laboratory was established by Edmond Locard in: a) London, England

PART 2…

b) Los Angeles, California c) Buenos Aires, Argentina

SELF EVALUATION QUESTIONS:

d) Lyons, France Q. A fictional character created by Sir Arthur

e) Manila, Philippines

Conan Doyle that employed scientific means of criminal investigation even before the worlds’ first

Q. The first complete crime laboratory was

scientific crime laboratory was established.

established in the United States by:

a) Eugene Francois Vidocq

a) Orlando W Wilson

b) Sgt. Popay

b) John Edgar Hoover

c) Insp. Alvarez

c) Paul Lleland Kirk

d) Sherlock Holmes

d) Alan Pinkerton

e) None of the above

e) August Vollmer

Q. A former convicted thief who became a

Q. _____________ means the observed violation of a

prominent official of Brigata de la Surete, a French

law, which triggers the operation of the criminal justice system.

detective agency. a) Eugene Francois Vidoque

a) Investigation

b) Sgt. Popay

b) Detection

c) Insp. Alvarez

c) Observation

d) Sherlock Holmes

d) Commission


e) Omission

Q. A detective of the London Metropolitan Police

Q. Investigation came from this Latin word which

who was dismissed following his successful

means “to track or trace”.

infiltration of anarchists because he instigated use

a) Viagra

of violence by the group.

b) Vestigare

a) Eugene Francois Vidoque

c) Stigmata

b) Sgt. Popay

d) Turbare

c) Insp. Alvarez

e) Interregnum

d) Sherlock Holmes Q. To follow step-by-step by patient inquiry or


observation; to search into, examine and inquire Q. Austrian magistrate recognized as the father of

with care and accuracy.

Criminalistics. He authored the first treatise on

a) Criminal Investigation

Scientific Criminal Investigation.

b) Inquest

2

nd



c) Investigation

- 16 Q. Ability to retain information, apply t echnical

d) Locus Criminis

knowledge, logical, open-minded and objective.

e) Crime Scene Search

a) Intellectual characteristics b) Psychological characteristics

Q. The process of discovering, collecting, preparing,

c) Physical characteristics

identifying and presenting evidence to prove the

d) All of the above

truth of a detected violation of penal law.


a) Criminal Investigation b) Inquest

Q. An ideal investigator must have the ability to

c) Investigation

endure the rigors of investigative works such as

d) Locus Criminis

working for long hours, exposure to elements,

e) Crime Scene Search

inadequate rest, conducting search on difficult environments, etc.

Q. Refers to the detailed attempt to re-live, re-enact

a) Intellectual characteristics

or re-visit what really happened over a particular

b) Psychological characteristics

setting. This involves the “putting together” of all


pieces of the puzzle so that a more complete

d) All of the above

picture of an event is clearly seen as well as the


circumstances surrounding its commission. a) Crime scene reconstruction

Q. Knows how to manufacture evidence and

b) Crime scene investigation

forcefully extract information from any person.

c) Crime scene analysis


d) Crime scene search


e) Crime scene interpretation

c) Physical characteristics d) All of the above

Q. One of the following is not a goal of criminal


investigation. a) To appease the public

Q. The three tools available to the investigator.

b) To recover stolen property

a) Information, Instrumentation, Intelligence

c) To arrest the suspect

b) Interview, Instrumentation, Intelligence

d) To obtain evidence legally

c) Information, Instrumentation, Interrogation

e) To determine if a crime has been co mmitted

d) Interview, Instrumentation, Interrogation e) Information, Instrumentation, Interview

Q. Effective investigators are emotionally well balanced, detached, inquisitive, suspecting,

Q. Which of the following has little or no use to the

discerning, humble, self-disciplined and

investigator?

perseverant.

a) Camera


b) Notebook and Pen


c) Tape measure


d) Surveillance

d) All of the above

e) None of these

e) None of the above Q. The focal point or place where evidence of criminal activities are concentrated. 2

nd



- 17 -

a) Crime scene

a) Strip

b) Office room

b) Double strip

c) Household

c) Wheel or pie

d) Street corner

d) Spiral

e) Church

e) Grid or zone

Q. The exact place where a crime principally took

Q. Search pattern most suitable for processing

place, regardless if it was continued elsewhere.

large areas with different terrains or multi-storey

a) Inner perimeter

buildings.

b) Outer perimeter

a) Strip

c) Primary crime scene

b) Double strip

d) Secondary crime scene

c) Wheel or pie

e) Police Interns Office

d) Spiral e) Grid or zone

Q. Place subsequent to the commission of the main offense where the effects, proceeds of the crime or

Q. This search is more thorough than a single strip

corpus dilicti was dilicti was continued, transferred or

but it takes longer to complete and some evidence

disposed of.

found during the second pass may actually be left

a) Inner perimeter

behind during the first search.

b) Outer perimeter

a) Strip

c) Primary crime scene

b) Double strip

d) Secondary crime scene

c) Wheel or pie

e) Police Interns Office

d) Spiral e) Grid or zone

Q. Identify which among the following qualifies as the most urgent task of the first responders.

Q. In a traffic accident, where will you begin your

a) neutralize any threat

search? (Oct., 2011)

b) cordon the scene

a) Faulty driver

c) render aid to the injured

b) Street

d) identify witnesses

c) Point of impact

e) locate important objects

d) Disengagement e) Passenger

Q. After all threats have been dealt with, the most important task is:

Q. In a fire inv estigation, which among the

a) neutralize any threat

following burn indicators will you focus your

b) cordon the scene

search in? (Oct., 2011)

c) render aid to the injured

a) Origin of fire

d) identify witnesses

b) Alligatoring

e) locate important objects

c) Witnesses d) Spalling

Q. This type of search focuses on a focal point

e) Fire direction

where most of the crucial evidence are concentrated and spreads outward on a circular

Q. Which among the following crime scenes require

pattern.

a search warrant? 2

nd



- 18 -

a) Hot scene

e) Any of the above

b) Warm scene c) Cold scene

Q. Objects imbedded on walls and ceilings are best

d) All of these

illustrated and measured using:

e) None of these

a) Straight baseline method b) Diagonal baseline method

Q. The requirements for issuance of a v alid Search

c) Triangulation method

warrant does not include:

d) Cross-projection method

a) Probable cause

e) Any of the above

b) Personally examined by the fiscal in the form of searching questions & answers

Q. Presents the general view of a place where a

c) Based on personal knowledge of complainant or

crime took place, indicating its location by

any witnesses

including dominant features of the surroundings

d) In connection with one particular offense

such as tall buildings, monuments, bridges or

e) Particularly describing the place to be searched

parks.

or the persons or things to be seized

a) Long-range photograph b) Mid-range photograph

Q. A search warrant issued by Judge Paredes to

c) Close-range photograph

CIDG on February 10, 2011 is valid up to?

d) Macrophotography

a) February 20, 2011

e) Microphotography

b) February 21, 2011 c) February 22, 2011

Q. The taking of photographs up-close, usually

d) February 23, 2011

with a ruler or measuring device, to indicate exact

e) Valid until revoked

size. a) Long-range photograph

Q. Part of field notes that graphically record the

b) Mid-range photograph

scene and the important evidence within it by

c) Close-range photograph

describing each objects or documents, indicating

d) Macrophotography

the relative position of one object from another,

e) Microphotography

including their distances and measurements. a) Rough sketch

Q. Investigation that is carried out long after the

b) Final sketch

crime was committed but before the expiration of

c) Photographs

the statutory period for extinction.

d) Videos

a) Hot case investigation

e) Audios

b) Warm case investigation c) Cold case investigation

Q. Outdoor crime scenes with at least two

d) Investigation in aid of legislation

landmark points of coordinates can be better

e) Kangaroo court investigation

drawn by measuring the distance of objects from the landmark and its angles.

Q. Investigative technique of employing covert ways

a) Straight baseline method

and means in order to catch a criminal in the act.

b) Diagonal baseline method

a) White-wash

c) Triangulation method

b) Frame up

d) Cross-projection method

c) Entrapment 2

nd



- 19 -

d) Instigation

a) Modus operandi

e) All of these

b) Associative evidence c) Trace evidence

Q. Unethical investigative practice wherein a crime

d) Trophy

committed by another is made to appear to have

e) Souvenir

been committed by an innocent person. a) White-wash

Q. When several sexual assaults are committed on

b) Frame-up

different occasions at different places by an

c) Entrapment

unknown person exhibiting a single modus

d) Instigation

operandi.

e) All of these

a) Serial rapist b) Mass rapist

Q. Unprofessional investigative practice wherein a

c) Genocide

crime actually committed is concealed, white-

d) Continuing crime

washed or hidden by officially denying that a

e) Assassin

violation of the law was committed. a) Cover-up

Q. When more than four persons are feloniously

b) Frame-up

and intentionally killed on a single place and time.

c) Entrapment

a) Serial killing

d) Instigation

b) Mass murder

e) All of these

c) Genocide d) Multiple offense

Q. Any object, thing, document, information or

e) Assassin

clue that points to the identity of the perpetrator: a) Lead

Q. The deliberate, systematic and sustained

b) Tip

elimination, obliteration or destruction of an entire

c) Intuition

tribe, religious or ethnic group, with a view of

d) Personal identification

permanently removing them from the face of the

e) Sketch

Earth. a) Serial killing

Q. The uncanny ability of a seasoned investigator

b) Mass murder

to identify leads, recognize evidence and locate

c) Genocide

witnesses. This can only be developed through

d) Continuing offense

experience and is usually cited as the reason why

e) Assassin

investigation is also an art. a) Lead

Q. ___________ is a professional paid to liquidate a

b) Tip

specific target. This term has its roots on the word

c) Intuition

“hashish” which is given as a reward to hired

d) Personal identification

killers in the Middle East during the medieval

e) Sketch

periods. a) Serial killing

Q. Man is essentially a creature of habit. This

b) Mass murder

means that a successful criminal will commit

c) Multiple crime

future crimes in a more or less identical manner.

d) Continuing offense

2

nd



- 20 -

e) Assasin

withdrawal slips, etc. that leaves a clue to the movement and location of a known suspect.

Q. When two objects come into contact with one

a) Modus operandi

another, they will leave traces of each other. There

b) Associative evidence

is a cross-transference or mutual-exchange of

c) Tracing evidence

information resulting to “trace” and “associative”

d) Trophy

evidence.

e) Souvenir

a) Bogart’s principle of criminalistics b) Locard’s exchange principle

Q. Part of the victim that is kept kept by the offender offender as

c) Goddard’s ballistic principle

a memento such as pubic hairs, ears, fingers, etc.

d) Salazar’s fingering principle

a) Modus operandi

e) Gross’ principle Gross’ principle of forensics


Q. Evidence found on the crime scene that places

d) Trophy

the suspect in the scene such as fingerprints, hairs

e) Souvenir

or fibers. a) Modus operandi

Q. A thing, object or anything that is taken from


the scene by by the criminal as a remembrance, such

c) Tracing evidence

as photographs, keys, stickers, bras, panties, etc.

d) Trophy

a) Modus operandi

e) Souvenir


Q. Articles or matters found at the scene which aid

d) Trophy

in the establishment of the identity of the

e) Souvenir

perpetrator. a) Modus operandi

Q. Simply means continuity of possession. It


implies that the evidence presented in court are

c) Tracing evidence

the same evidence taken from the crime scene and

d) Trophy

any changes that may occur from the time the

e) Souvenir

evidence is recovered up to the time it is presented can be sufficiently explained.

Q. Evidence found on the person of the suspect

a) chain of command

that places him at the scene of the crime su ch as

b) chain of custody

bite-marks, defensive wounds, fruits of the crime,

c) evidence tracking

etc.

d) tracing evidence

a) Modus operandi

e) preservation of evidence

b) Associative evidence c) Tracing evidence

Q. _____________ also refers to the number of

d) Trophy

persons who handled the evidence between the

e) Souvenir

discovery of the offense up to the disposition of the case in court.

Q. Evidence such as plane tickets, hotel check-in

a) chain of command

details, restaurant bills, phone call records, ATM

b) chain of custody c) evidence tracking

2

nd



d) tracing evidence

- 21 Q. According to Swanson, Chamelin & Territo, the

e) preservation of evidence

greatest problem with mistaken identity is ____________.

Q. A moving force which impels a person t o act:

a) Miscarriage of justice

a) Modus operandi

b) Wasted police time

b) Motive

c) Bad publicity

c) Intent

d) Ineffective policing

d) Desire

e) None of these

e) Opportunity Q. This requires strict compliance of legal Q. _________________ is the casual, cooperative and

requirements. In this situation, the person subject

friendly inquiry involving a person who may have

to questioning is either a suspect or a hostile

information regarding the commission of a specific

witness.

crime under investigation.

a) Interview

a) Interview

b) Interrogation

b) Interrogation

c) Torture

c) Torture

d) Polygraph

d) Polygraph

e) Confession

e) Confession Q. Why is it important to distinguish between an Q. A person who furnishes information based on

interview and an interrogation?

personal knowledge during interview is a source of

a) Numerous legal requirements apply in

what type of evidence?

interrogations but not in interviews

a) Object evidence

b) There is no difference

b) Documentary evidence

c) Interviews are intended to elicit confessions

c) Testimonial evidence

d) Interrogations result in convictions

d) Hearsay evidence

e) I don’t care

e) Confession Q. The purpose of Interrogation are the following, Q. If you are a police investigator, which among the

except:

following individuals should you consider best for

a) To test information already obtained

interview?

b) To secure a confession

a) One who was present at the crime scene, but

c) To confront the suspect with the truth

inattentive

d) To exclude the guilty

b) One who was present and attentive at the crime

e) None of these

scene c) One who was present at the crime scene, but

Q. One of the following is not a scientific approach

had been intoxicated.

to interrogation:

d) One who was attentive to what was happening

a) Sympathetic approach

e) One who is willing to be manipulated by the

b) Cognitive interview technique

police

c) Logical approach d) Water boarding e) Reflective interview technique

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Q. In this form of tactical interrogation, two police

c) Judicial admission

investigators form a tandem; one of them is

d) Extrajudicial confession

friendly towards the suspect while the other is

e) Admission

hostile. a) Mutt and Jeff

Q. Field notes must be an exact and correct

b) Hot and Cold

representation of facts obtained in the course of

c) Good-cop, Bad-cop

the investigation.

d) All of these

a) Complete

e) None of these

b) Accurate c) Timely

Q. The right of a person suspected to have

d) Unadulterated

committed an offense to be informed of his right to

e) Legible

remain silent and be assisted by counsel preferably of his own choice.

Q. Note and record all available information,

a) Right to bail

particularly the basic 5 W’s and 1 H of report

b) Right to presumption of innocence

writing.

c) Miranda right

a) Completeness

d) Right to confront witnesses

b) Accuracy

e) Freedom from unreasonable search or seizure

c) Timeliness d) Faithfulness

Q. The warnings in Miranda v. Arizona does not

e) Legibility

include the suspects’ right to: a) Confess to the crime voluntarily in the presence

Q. As a general rule, a person may only be arrested

of counsel

with a warrant. Which among the following

b) Be warned that anything he says or do may be

instances permits the arrest of a suspect even in

used against him in a court of law

the absence of judicial warrant?

c) Have a competent counsel de parte or parte or ex officio

a) Hot pursuit

d) Be informed of his right to remain silent

b) Inflagrante delicto


c) Fugitives from justice d) All of these

Q. An acknowledgment of fact, falling short of an

e) None of these

acknowledgment of guilt, made by the suspect in the course of an investigation.

Q. The general investigative sequence in case

a) Judicial confession

warrantless arrests are no longer proper is:

b) Extrajudicial admission

1. Proceed to the area where a reported offense

c) Judicial admission

allegedly took place

d) Extrajudicial confession

2. Make a preliminary determination if a crime has

e) Admission

been committed 3. Deal with any emergencies first

Q. An acknowledgment of all the material facts of a

4. Process the scene, take photographs, record all

particular crime, including the guilt, made by the

activities

suspect in the course of trial.

5. Release the scene

a) Judicial confession

6. Identify & Interview witnesses

b) Extrajudicial admission

7. Interrogate suspects & uncooperative witnesses 2

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- 23 -

8. Submit the case folder containing your findings

a) Police line-up

to the prosecutor

b) Rouges gallery

9. Wait for the issuance of the warrant of arrest

c) Order of battle report

a) Steps 1, 2, 3, 4, 5, 6, 7, 8 & 9 is correct

d) Personal status report

b) Steps 2, 1, 4, 3, 6, 5, 7, 8 & 9 is correct

e) Crime album

c) Steps 1, 3, 2, 6, 7, 4, 5, 8 & 9 is correct d) Any steps could be followed

Q. The current practice of presenting a “Rogue’s Gallery” to the victim for identification purposes

Q. According to Bennet & Hess, the most

has its origins in:

successful investigations are systematic, thorough

a) Mulberry street morning parade

and takes time. This helps ensure an airtight case

b) Sketching

that does not result to waste of time, money and

c) Medieval firing squad

effort. On the other hand, “instantaneous”

d) Portrait parle

investigations are haphazard, unprofessional and

e) Inquisition

results to wrongful prosecution of innocent persons.

Q. Police line-up can be traced back to:

a) Agree

a) Mulberry street morning parade

b) Disagree

b) Sketch

c) Partly agree

c) Medieval firing squad

d) Partly disagree

d) Portrait parle

e) None of these

e) Inquisition

Q. The process of documenting in a systematic and

Q. A valid positive identification in a police line-up

logical manner all evidence collected during the

requires:

investigation and submit it before the public

a) More than two suspects

prosecutor for evaluation.

b) Not suggestive as to guilt

a) case preparation

c) Not suggestive as to identity

b) order maintenance

d) All of these

c) crime prevention

e) a & c only

d) public service e) journalism

Q. Doctrinal rule which states that evidence illegally obtained in the course of the police

Q. A pictorial collection of past offenders known to

investigation cannot be admitted during trial.

the police & presented to an eye-witness for

a) Fruit of the poisonous tree

examination. They are usually indexed, catalogued

b) Irrelevant evidence

and recorded according to sex, type of crimes,

c) Immaterial evidence

modus operandi and place of commission.

d) Inadmissible evidence

a) Police line-up

e) Hearsay evidence

b) Rouges gallery c) Order of battle report

Q. The world’ world ’ s first conviction using DNA evidence

d) Personal status report

was obtained in England through:

e) Crime album

a) William West & Will West case b) Colin Pitchfork case

Q. Mug shots are also known as: 2

nd

c) Terry v. Ohio case CMT Target Trainings & Seminars, Inc.

Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400


- 24 -

d) Frank Daubert case e) In Re: Gault case

Q. The case that proved that Dactyloscopy is a far superior tool for identification and individualization than Anthopometry: a) William West & Will West case b) Colin Pitchfork case c) Terry v. Ohio case d) Frank Daubert case e) In Re: Gault case

REFERENCES:

1. Criminal Chamelin

Investigation, &

By:

Territo,

Swanson,

McGraw

Hill

Publishing Co. 2004

2. Criminal Orthman,

Investigation, Cengage

By:

Hess

Learning,

&

2010

Philippine Edition

3. Criminal

Investigation,

By:

JDempsey,

Cengage Learning, 2nd Ed. 4. Criminalistics, an Introduction to Forensic Science, By: RSaferstein, Prentice Hall, 9 th Ed. 5. Techniques of Crime Scene Investigations, By: Fisher & Fisher, CRC Press, 7 th Ed. 6. FBI Handbook of Crime Scene Forensics, Federal Bureau of Investigations, Skyhorse Publishing, 2008 7. Intro. to Theory, Practice & Career Devt. in Public & Private Invst., Gunter & Hertig, 2005

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Fundamentals of Criminal Investigation.pdf

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