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.