fundamentals of criminal investigation.pdf

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M a r a s b a r a s , T a c l o b a n C i t y ( S m a r t ) 0 9 2 9 - 7 5 2 - 0 0 0 5 A L L R I G H T S R E S E R V E D

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FUNDAMENTALS OF

CRIMINAL INVESTIGATION

ATTY. ARTEMIO JAY G. TORREDES, RCRIM.

Partner, Torredes Cedeno & Associates Law Firm, Cebu City

Former Dean, Criminology Department, UC Main

Former Professor, Graduate School Department, UC Main

Academic Director, CMT Target Criminology Review

Former Corporate Attorney, MCIAA

Member, IBP Cebu Province Chapter

Topnotcher (1st Place) Sept. 2002 Criminologist Licensure

PART 1…

INTRODUCTION

Criminal investigation in its modern form is a

rather recent development. In the past, crimes are

solved not by scientific methods of inquiry but

rather through crude and discredited means such

as witchcraft, torture and other similar methods.

Early 19th Century Criminologists saw the need to

develop a scientific means of identifying criminals

because the criminological theories are useless

unless we send the right persons to jail or prisons.

For instance, the classical theory of deterrence and

positivist theory of rehabilitation cannot be applied

to an innocent person since no amount of

punishment or treatment can deter or treat an

innocent person. Thus, Dr. Hans Gross, Edmund

Locard and August Vollmer undertook to establish

the earliest crime laboratory in the world to

advance the art and science of investigation.

Interestingly, a series of books published by Sir

Arthur Conan Doyle features a fictional character

named Sherlock Holmes as a detective who used

crude scientific methods in investigating crimes

long before the world has seen its first crime

laboratories. Contemporary authorities in criminal

investigation agrees that this also helped in fast-

tracking the evolution of criminal investigation.

EARLY CONTRIBUTORS

Eugene Francois Vidoque – a former convict who

became the head of Surete, which was recognized

at that time as France’s premier detective agency.

He is credited for his effective use of criminals to

catch criminals. Vidoque’s unorthodox approach

later became a model for John Wilkes Booth who

infamously stated that “it takes a thief to catch a

thief”.

Henry & John Fielding – Henry Fielding was a

travelling magistrate of England who established

the world’s first uniformed police force in Bow

Street, a road notorious for thievery. Also known as

“runners” or “thief-takers”, they conduct patrol and

respond to reported incidents. When Henry died,

he was replaced by his blind brother John as head

of the Bow Street Runners. This eventually became

a model for the London Metropolitan Police

(Scotland Yard) of Sir Robert Peel.

Dr. Hans Gross – father of Criminalistics, he

published a book entitled “Modern Criminal

Investigation” which pave the way for Edmund

Locard to incorporate modern science to police

works.

Edmund Locard – French criminologist, he

established the world’s first crime laboratory in

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

stating that “when two object come into contact

with one another, they leave traces of each other

behind” (there is always something left behind at

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

Exchange Principle upon which modern forensic

science owes its theoretical foundation.

Sir Llewelleyn William Atcherly – Chief Constable of

West Riding, Yorshire. He pioneered the recording

of M.O. (modus operandi) files as investigative aids



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that can be used to identify criminals based on the

tools they use, the manner of commission, the time

of the crime, and other pertinent data.

Thomas Byrnes – he discovered that Modus

Operandi do not remain the same and it changes

as the career progression of the criminal changes.

He instituted the Bulmerry Morning Street Parade

– a practice where captured criminals are paraded

in front of the police force in order to facilitate easy

identification in case they commit crimes in the

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

Alphonse Bertillon – father of Personal

Identification who framed Anthropometry (the

individualization of a person based on body

measurements). This supplemented the practice of

descriptive words accompanying a sketch in order

to identify criminals (also known as Portrait Parle –

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

With the advent of photography, drawings became

out of fashion. Nevertheless, the practice of

accumulating Rogues Gallery became imbedded in

policing around the world.

Jonathan Wild – conceived a business of recovering

stolen properties for a fee in England in the 17th

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

private detective, he took advantage of a system of

bounty and rewards set up by the British

Parliamentary Reward System.

Alan Pinkerton – he was a pioneer in non-

government policing and private detective works in

the US. The company he established bore his name

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

inscription “we never sleep” which the American

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

famous cases they solved involved Harry

“Sundance Kid” Longbaugh of the Butch Cassidy

outlaw gang. He is also credited for hiring the first

female involved in investigative works, Mrs. Kate

Warne. The Pinkertons are rivaled only by another

private protection business known as the Wells-

Fargo & Co.

August Vollmer – He served as an Army Sergeant

in the Philippines during the Spanish-American

war and became an Army Policemen who oversaw

the integration of former Guardia Civil into the new

Insular Constabulary. His experience in the

Philippine convinced him of the need to

professionalize policing and shield it from politics.

He reluctantly accepted the position of Marshal of

Berkeley California when a posse was

commissioned in order to respond to a train

derailing incident and it was then that his

innovative approach to policing began to be

recognized. Following the lead of European

development in Criminal Investigation, he

established the first crime laboratory in the United

States in order to support his efforts to

professionalize policing (Wadman & Allison, 2004,

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

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

John Edgar Hoover – director of the Federal

Bureau of Investigation, his efforts to centralize

information on fugitives, criminal activity,

organized crime, fingerprints, etc., led to the

further development of criminal investigation.

INVESTIGATION

The word “investigation” came from the latin word

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

Investigation is not unique to law enforcement. As

a matter of fact, other professions routinely

conduct investigation on their fields of

specialization. Thus, a doctor must first diagnose

the disease before he can recommend the cure. He

must investigate. Likewise, an engineer cannot

calculate the concrete unless he measures the floor

area of the structure he is building. He must

investigate.



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CRIMINAL INVESTIGATION:

When applied to law enforcement, it is safe to state

that crimes cannot be solved on its own unless the

police conducts criminal investigation. Criminal

investigation is “the systematic, step-by-step

process of determining whether or not a crime has

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

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

know the different stages involved in the

development of a full blown criminal investigation,

these are:

1. Detection – is the fact of discovery. It is the

chance event which triggers the operation of our

criminal justice system. This occurs when a

possible crime is observed by the police or are

reported to its attention.

2. Preliminary Investigation – the early of initial

stage of the investigation immediately after the

occurrence of the crime. This is usually done by

first responders or patrol officers who take the

following primary responsibilities on site:

i. Deal with emergencies first:

- Neutralize all threats

- Render aid to the injured

ii. Cordon the crime scene

iii. Record all information and disseminate to

available patrol units for possible hot

pursuit

iv. Wait for detectives

v. Make initial/spot report

3. 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. Re-investigation – in some cases, a re-

investigation is resorted to whenever fatal errors

are committed in the earlier investigations which

prevent the closure of the case. This usually

happens when unethical investigative practices are

resorted to, thereby requiring re-investigation in

order to prevent a miscarriage of justice. These

unethical investigative practices may include:

i. Torture

ii. Planting of evidence

iii. Instigation

iv. Frame-up – where an innocent person is

made to appear responsible for a crime

committed by another

v. White wash or “cover up” – where officials

deny the existence of a crime

NOTE:

Criminal Investigation, in whatever stage, is

primarily REPRESSIVE. Meaning, it comes into

action only when a crime occurs. Crime prevention

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

investigation (the second line of defense) begins.

Criminal investigation therefore is reactive, rather

than proactive.

However, if you are asked: Can criminal

investigation be possibly considered PREVENTIVE?

The answer is YES. By conducting thorough

investigation, the police can prevent the same

criminal from committing future crimes. In this very

limited sense, criminal investigation may be

considered preventive.



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SCHEMATIC DIAGRAM OF THE FLOW OF

INVESTIGATION:

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. INTELLECTUAL CHARACTERISTICS –

investigators must be able to sort out facts from

fictions 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

ask 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 – 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. Investigators 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.

An 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

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



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is the ability to work long hours in the field under

challenging conditions. Oftentimes, detectives find

themselves working in remote areas where there

are no ready access to food, drinks and medicines.

There are instances where the terrain of the crime

scene is physically challenging such as a ravine or

a deep well where the investigator may have to

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

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

chemicals and even infectious bacteria.

CSI EFFECT

CSI Effect is a recent phenomenon in relation to

criminal investigation that results to an

“unrealistic expectations of the public in the

conduct of criminal investigation” due chiefly to the

popularity of fictional TV shows such as CSI.

Far from the glamorous depiction of detectives in

televisions and the movies, effective investigators

are often involved in hard work, risking their lives

and limbs, and living anonymously far from the

limelights often depicted in the movies.

GOALS OF CRIMINAL INVESTIGATION

Criminal investigation have the following generally

accepted objectives:

1. To determine whether or not a crime has

been committed

2. To identify & arrest the suspect

3. To provide the prosecution with evidence

necessary to support conviction

4. To recover stolen property

INVESTIGATIVE TOOLS (3 I’s of investigation)

The following are recognized tools of investigators:

1. Information

2. Instrumentation

3. Interrogation

I. INFORMATION

For purposes of investigation, INFORMATION is

“anything that tells us something, whether, correct

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

any facts, statements or materials surrounding the

commission of a crime. If the information is of such

nature and quality that it could further advance

the investigation, that information is called a

LEAD. When there are no more leads to develop, it

is said that the investigation is facing a BLANK

WALL.

SOURCES OF INFORMATION

The following are sources of information:

A. Persons

B. Places

C. Things

A. Persons – these are individuals who may be:

1. Victims – the direct recipients of the crime

itself who suffered direct or indirect

loss/injury as a consequence thereof

2. Complainants – persons who informs the

police of a crime and demands that

something be done about it

3. Witnesses – third persons who have

personal knowledge of relevant facts

surrounding a crime

4. Informers/Informants – furnishes

information relative to a crime either

voluntarily or for a consideration

5. Suspects – person who is accused as the

author of the crime

Interview & Interrogation

In processing persons as sources of information,

the investigator generally conducts an INTERVIEW

– a friendly and cooperative conversation for the

purpose of obtaining as much relevant information

as the source can possibly give under the

circumstances. However, when the subject is the



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suspect himself or a hostile/uncooperative witness

– the conversation is rather confrontational and is

called INTERROGATION. With respect to the

suspect, interrogation is valid only if made in

compliance with MIRANDA RIGHTS.

Planning the interview

The interviewer must have a general knowledge of

the crime before he could start asking intelligent

questions and illicit useful information from the

interviewee. He must first gather the general data

and start from there. These data involves the basic

5W and 1H of criminal investigation:

1. What?

2. Where?

3. When?

4. Who?

5. Why?

6. How?

Thus, assuming that a homicide was reported and

you are the criminal investigator. On site you must

establish the following facts:

1. What is the nature of the case?

2. Where was it committed?

3. When did it happen?

4. Who are the persons involved?

5. Why did it happen?

6. How was it committed?

If after the above preliminary inquiries you have

gathered that the crime involved death reportedly

committed in Basak, Lapulapu City, on Auguts 1,

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

Juan dela Cruz who bore a single gunshot wound

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

shell from .45 was recovered from the scene and

sent to the laboratory, at the time of the

commission, it initially appears that no one saw

the actual shooting.

You must frame your questions from the above

KNOWN facts. Your purpose in interviewing is to

reveal UNKNOWN facts – facts that needs to be

developed further.

Suppose you came across a tanod who responded

to the scene first, you may ask him the following

questions based on the above known facts:

1. You were one of the first tanods who

responded to the alarm first? Ans. Yes

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

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

Who reported it to you and where do he

lives? Ans. We received a phone call from

Mario Ortiz regarding a shooting incident

which he saw happen in front of his house.

He lives just across the street where the

body of the victim was found.

4. When you arrived, what was the situation

on site? Ans. People were panicking and

pointed towards Marigondon where the

suspect fled on board a Yellow Honda XRM.

5. Did anybody saw the plate number of the

motorcycle? Ans. No sir.

6. The vitim Mr. Juan dela Cruz, is he known

to you? Does he have known enemies? Ans.

Yes sir, I know the victim. He has no known

enemy in our barangay but he had an

altercation with a certain Jack Tattoo from

Marigondon because of a woman.

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

the victim sir, her name is Angel from

Tacloban.

Based on the following questions as framed by the

investigator, several unknown facts were revealed:

first, there was an eyewitness named Mario Ortiz;

secondly, victim had an earlier altercation with a

certain Jack Tatoo from Marigondon because of

possible love triangle with Angel from Tacloban;

third, the shooter rode a Yellow Honda XRM

motorcycle; fourth, the suspect fled towards

Marigondon; and finally, what if ballistic tests

shows that the .45 pistol used belonged to a

certain Jack Tattoo? Would you consider this

coincidence important? You now have several leads



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(information that can further advance the

investigation). You must follow these leads until

the identity of the accused is established beyond

reasonable doubt. Otherwise, you will face a blank

wall.

(For interrogation, see discussions below in pages

11, 12 & 13)

Note: Ideal investigators are naturally inquisitive

and suspicious (without showing it to the subject).

As 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

both a SCIENCE and an ART.

B. Places – places as a source of information

generally refers to the SCENE OF THE CRIME

(locus criminis). It is important for the

investigators to locate the true crime scene

because it contains the highest concentration of

physical evidence and possible witnesses of its

commission.

Crime scenes may be:

1. Primary Crime Scene – the place where the

crime was committed

2. Secondary Crime Scene – the place where

the crime was continued

3. Pseudo Crime Scene – a crime scene staged

to mislead, cover-up, or conceal what really

happened

For example:

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

placed the body of B inside the baggage

compartment of a blue Toyota Vios and dumped

the body in Smokey Mountain where it was later

found.

Room 69 of Manila Hotel is the primary crime

scene. The Toyota Vios and the Smokey Mountain

where the body was found are secondary crime

scenes.

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

Mountain, A made it appear as if B committed

suicide inside the car and falsified a suicide letter?

That is called Pseudo (False) Crime Scene.

Please take note that all crime scenes must be

processed, whether primary, secondary or pseudo.

However, it must be stressed that importance must

be given to locating the primary crime scene.

Processing the Crime Scene:

Crime scene operatives must first conduct a

thorough walk-through around the outermost

boundaries of the crime scene. He must make an

initial determination of the entry point, exit point

and contact points, determine the size of the scene

and extent of evidence distribution, and plan the

appropriate search pattern to use for that

particular crime scene.

Entry point is that part of the scene where the

suspect gained access inside a room, house or a

building. Exit point, on the other hand, refers to

that part of the scene where he left, took flight or

escaped. Contact points are those part of the crime

scene where the suspects’ body, clothing’s or tools

have disturbed, touched, made contact with, or

stepped into. Contact points may contain the

suspects DNA, fingerprints, shoeprints, etc.

The investigator must be cautious in approaching

crimes scene for the following reasons:

1. Unidentified suspects who may be armed

and dangerous may still be lurking around

and could present a serious threat or harm

to policemen and bystanders;

2. Families of the victim whose emotions

remain high may view the investigators with



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contempt and hostility which could possibly

result to violence and altercations;

3. Evidence found at the crime scene may be

fragile and susceptible to destruction or

cross-contamination before they can be

properly identified, photographed, packed

and recorded, resulting to needless

destruction of vital evidence;

4. Crime scenes may contain chemicals,

viruses, or bacterial pathogens that may be

harmful to humans, thus investigators

must have access to protective clothings,

surgical masks, gloves, CBRN suits, and

the likes;

5. Un-exploded bombs or ordnance may be

found in the crime scene which may be

triggered when inadvertently disturbed;

6. Difficult terrains may present natural or

man-made hazards to field investigators

such as landslides, flooding, collapse of

building, electrocution, etc.

Selecting the most appropriate search pattern:

The search pattern to be employed depends on

many factors, such as:

1. The crime committed and the type of

evidence that can be found (explosives,

flammables, biohazards, or susceptible to

rapid deterioration)

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

outdoor? Is it plain field or mountainous? Is

it bare or thick with vegetation? Etc.)

3. The size of the area to be searched

4. The number of personnel available

5. The tools and equipment’s of the search

teams

6. The weather conditions

Note: No two crime scenes are alike. Each crime

scenes are unique, thus different crime scenes

demands different search plans to be employed

according to the circumstances of each location.

However, the basic search pattern’s remains the

same. As the investigator becomes seasoned by

experience, selecting the most appropriate search

pattern becomes almost automatic by mere

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

reason why investigation is considered both a

SCIENCE and an ART.

Different Search Patters:

Search

Pattern

Procedure Advantage Dis-

advantage

Lane or

Strip

1. In case of

multiple

searchers,

each

searchers

align in

straight

paths and

combs the

scene by

making a

single pass

on their

lanes.

2. In case of

single

searcher, he

makes a

single pass

on each

parallel

lines in an

opposite

direction

until all the

lanes are

covered

1. Takes a

short time

to complete

1. Less

thorough.

2. Vital

evidence

may be

overlooked

in the

search.

Double

Strip

1. Same as

lane or strip

method but

the searcher

makes a

1. More

thorough

2. Evidence

missed

during the

1. Takes

twice as

much time

to complete

than a



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second pass

adjacent to

the first

search in

such a

manner

that the

first and

second

search

criss-

crosses one

another.

first pass

may be

seen

during the

second

pass

single strip.

2. Evidence

found on

the second

pass may

actually be

left behind

by the

searchers in

the first

pass (cross-

contaminati

on).

Spiral 1. The

search

begins or

ends in a

focal point

by making

clockwise or

counter-

clockwise

circular

motions

around the

center of the

crime scene.

2. If it

begins from

the outside

and ends in

the inside, it

is called

Inner

Spiral. If it

begins from

the inside

and ends in

the outside

it is called

Outer

Spiral.

1. Useful in

tight and

cramped

spaces.

2. Allows

searchers

to concen-

trate

around a

focal point

where

evidence is

most likely

to be found

(such as

the body of

the victim).

1. Not

suitable for

medium and

large crime

scenes

Wheel, 1. The 1. Allows 1. The

Radii,

Pie, or

Spoke

search

begins or

ends in a

focal point

by radiating

outward or

towards the

center of the

crime scene.

2. If it

begins from

the outside

and ends in

the inside, it

is called

Inner

Wheel. If it

begins from

the inside

and ends in

the outside

it is called

Outer

Wheel.

searchers

to focus on

an

important

area as the

search

moves

nearer to

the center

distance

from each

search

points from

the outside

is greater

than the

center

resulting to

gaps where

important

evidence

may be

overlooked

Zone,

Sector,

or

Quad-

rant

1. The crime

scene is

divided into

several

zones or

sectors and

assigned to

different

search

teams who

will conduct

a separate

search for

their area

1. Suitable

for large

crime

scenes

such as

those

found in

aircrash,

exposions,

arson, and

the likes.

2. Suitable

for multi-

storey

buildings,

each floors

are

considered

as one

1. Extensive

use of

resources

and

manpower

2. More

difficult to

document.



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zone or

sector

Documenting the Crime Scene

Crime scene documentation refers to the recording

of all available information surrounding a crime

scene and all activities which occurred therein.

This is done by:

1. Photography

2. Video and voice recording (First allowed in

the United States and other foreign

countries. With the advent of CCTV

cameras, Philippine courts now allow the

introduction of videos as evidence. The

voice recording mentioned here refers to the

voice recording made by the investigator in

order to aid his memory, in case writing is

not possible)

3. Crime scene sketch showing the location of

important items and measurements of

distance

4. Evidence log

1. Photographing the crime scene

Photographing the crime scene requires shots to be

taken from the following distances:

i. Long range – showing the scene with a

prominent landmark at the background to

indicate its general location. Long range

photographs must be taken in four (4)

different ANGLES: front, right side, back

and left side if the photographers moves in

a clockwise fashion; or front, left side, back

and right side if the photographer moves in

a counterclockwise fashion.

ii. Medium range – shots highlighting a spot

appearing in the long range shot. This may

also be taken in order to show the positions

of several evidence relative to one another

(group picture)

iii. Close up – shots indicating one specific

evidence with ruler or measuring device

placed alongside the evidence

2. Crime Scene Sketches and Measurements

Sketches may be:

i. Rough – taken at the field

ii. Finished – based on the rough sketch but

finalized in the office

Sketches must describe the general floor plan of

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

position of items found in the crime scene must be

shown as accuratly as possible. Each evidence

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

in a LEGEND appearing below the sketch. The

bearings must also appear on the sketch,

indicating where is North, South, East or West.

The sketch must also contain measurements.

Measurements may be made by:

i. Straight Baseline method

ii. Diagonal Baseline method

iii. Triangulation method

iv. Cross-projection method

Lastly, the sketch must bear the identity of its

maker and signed by him. Otherwise, it is

considered hearsay.

C. Things – the last but certainly not the least

source of information are things. Things are any

tangible objects found at the crime scene or in

possession of the suspect. These are objects of

evidentiary value. The investigative classification of

evidence is more technical and is somewhat

different from the classification of evidence under

the Rules of Court. Nevertheless, they are related

to one another.

Things include the following:

1. Trace evidence – minute evidence found at

the crime scene which places the suspect



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on scene such as fingerprints, shoe

imprints, cigarette butts, spermatozoa

(Criminal Investigation, Hess & Orthman).

Trace evidence may include evidence which

indicates the whereabouts and movements

of the suspect, such as hotel guest lists,

plane tickets, ATM withdrawals, and the

likes (Swanson, Chamelin & Territo)

2. Associative evidence – evidence found in the

suspect which places him at the crime

scene, such as bite marks, tools, & blood

stained shirts. There are also special types

of associative evidence called:

a. Souvenir – part of the crime scene

which the suspect intentionally took

as a remembrance, such as the

underwear of a rape victim

b. Trophy – part of the body of the

victim which the suspect

intentionally took as a memento,

such as the pubic hairs of the rape

victim

3. Evidence with class characteristics

4. Evidence with individual characteristics

5. Fruits of the crime

6. Tools used in the commission of the crime

II. INSTRUMENTATION

Instrumentation refers to the use of forensic tools

in order to advance the goals of investigation. Also

called CRIMINALISTICS, this is where investigation

becomes strictly scientific.

We will not discuss each branches of Criminalistics

here but you will find it in another set of handouts

where the details are best discussed. However, it

helps to run through them since instrumentation

is one of the three (3) I’s of Criminal Investigation.

These are:

1. Legal Medicine;

2. Forensic Chemistry & Toxicology;

3. Personal Identification;

4. Firearms Identification (Forensic Ballistics);

5. Questioned Documents & Handwriting

Examinations;

6. Polygraph Examinations; and

7. Police Photography

Note: Recent developments in forensic science were

intentionally not included because strictly

speaking, these are just additional developments of

the above main forensic branches. For example,

Forensic Odontology (study of dental or teeth

structure) and Forensic Entomology (study of

carrion insects found in a decomposing body) are

just a branch of Legal Medicine. Likewise,

Deoxyribonucleic Acid or DNA examination are

part of Legal Medicine, Forensic Chemistry &

Personal Identification.

III. INTERROGATION

Unlike in interview where the purpose is to reveal

unknown facts, the purpose of interrogation is to

confront the suspect with the evidence already

obtained from all sources (PERSONS, PLACES 7

THINGS) in order to encourage the suspect to

confess.

Here, the investigator already have a clear picture

of what really happened. All that is left is to

confront the suspect about his findings.

Before starting the interrogation, however, he

must remember the requirements of Miranda

Rights and other pertinent laws such as RA (Rights

of a Person Arrested, Detained or Under Custodial

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

Miranda v. Arizona (Miranda Doctrine)

Facts of the case: A white woman reported to the

Arizona police that she was raped. The suspect was

described by the victim as Mexican. The police

rounded up several suspects who fit the

description and one of them was Ernesto Miranda,



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(032) 515-0400

a truck driver of Mexican descent who does not

speak English and doesn’t know how to read or

write because he did not even finished grade

school. When presented in a police-lineup, the

woman “positively identified” Miranda as the

culprit. During extensive interrogation, Miranda

was made to sign a paper without the assistance of

counsel which turned out to be a confession

written in fluent English. On the basis of the

signed confession, however, he was convicted by

the trial court.

Issue: Whether or not the conviction is proper.

Ruling of the US Supreme Court: The conviction is

erroneous and violates the Due Process clause of

the American Constitution. Every person accused

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

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

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

counsel, preferably of his own choice; and if he

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

An accused who is not properly appraised of these

rights can lawfully contest the validity of any

signed confession or statements, which, by virtue

of the coercive pressure exerted by veteran

interrogators, he is too intimidated or powerless to

resist.

Exceptions to the Miranda Rights:

1. When the accused freely and voluntarily

waived this right;

2. Volunteered information – when the

accused, without waiving this right and

without the police initiating the

questioning, nevertheless volunteered

information which contributed to his

conviction;

3. When the conviction is partly based on

available evidence other than the

confession of the accused; and

4. Inevitable discovery rule – when the

information furnished by the accused is of

such nature that the police would have

discovered it anyway, even in the absence

of the confession, the accused could still be

convicted.

Techniques/Approaches in Interrogation

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

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

cop plays tough and intimidating while the

other plays soft and accommodating. The

objective of the bad cough is to lead the

suspect to cooperate with the good cop.

2. Sympathetic approach – best used for

sensitive suspects who commit crimes

because of fits of jealousy or emotions. The

questioning here usually starts with “I

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

situation, I would probably do the same

thing”.

3. Reflective Interview Technique (Mirror

technique) – in this approach, the

investigator presents a psychological mirror

to the suspect and reverse the situation by

making him understand the feelings of the

victim. The questioning here are usually

framed in this manner: “How would you feel

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

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

youn think the victim deserves a proper

Christian burial?”, etc.

4. Cognitive interview technique – in this

approach, the interrogator carefully

examines the body-language of the suspect

in relation to his answers in order for the

investigator to determine whether or not the

suspect is lying, evasive or deceptive.

5. Intellectual approach - in this method of

interrogation, the questioning is

characterized with frankness and matter-of-

fact accusations. The suspect is confronted

with hard, undisputed facts and

encouraged to weight the advantages of

cooperating rather than not-cooperating.



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6. Mixed approach – the combination of any or

all of the above techniques.

Example of intellectual approach:

In our previous imaginary case in our discussion

in interview (page 4 & 5), suppose you came face to

face with Jack Tattoo and initiate the following

intellectual approach:

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

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

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

3. Jack, I have information that on the night

of August 1, 2013, you went to Basak and

shot Juan dela Cruz. I also had information

that several days before the shooting, you

quarreled with the victim because of Angel

from Tacloban. The victim died from a .45

Cal. Pistol registered in your name.

Witnesses saw the culprit ride a yellow

Honda XRM towards your barangay in

Marigondon. I conducted a background

check at LTO and found you owned a yellow

Honda XRM motorcycle. If I were you, I

would voluntarily surrender and admit the

crime so you can avail of mitigating

circumstances under the law. Even if you

hire the best lawyer you could find, I

guarantee you will be convicted.

Distinctions between Interview & Interrogations:

Interview Interrogation

Friendly & Cooperative Hostile &

Confrontational

Purpose is to gather

unknown facts and/or

verify known facts

Purpose is to obtain

confession

Does not require

Miranda warning

Miranda warning is

required if subject is the

accused. If subject is a

hostile witness

(uncooperative), no

Miranda required.

Applies to cooperative

witnesses

Applies to suspects and

hostile witnesses

INVESTIGATION OF CERTAIN TYPES OF

CRIMES (SPECIAL CRIME INVESTIGATION)

Investigating crimes is a joint responsibility of

every police officers, whether assigned on desk,

patrol or investigation. Ordinarily, the combined

efforts of these officers are sufficient to solve

“COMMON” crimes such as theft, physical injuries

or malicious mischief – matters that are usually

covered during basic police training and are thus

considered within the capability of each policeman

to solve.

However, there are crimes categorized as

“SPECIAL” because the complex nature of the

offense require additional qualifications and highly

specialized training – matters that are encountered

only in advanced schooling.

As understood in INTERNATIONAL context, the

following are areas of Special Crime Investigation:

1. Cold case investigation

2. Post-blast investigation

3. Air-crash investigation

4. Maritime disasters

5. Transnational crimes investigation:

- Terrorism

- Organized crime

- Human Trafficking

- Money laundering

- Computer crimes

6. Environmental crimes

In the Philippine setting, the following are

considered by the PNP as Special Crime

Investigation:

1. Homicide

2. Robbery

3. Rape

4. Kidnapping



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(032) 515-0400

5. Carnapping

6. Bomb threats and explosions

7. Illegal recruitment

8. Terrorist activities

(Note: The topic on Special Crimes Investigation in

the Philippine Settings will be covered in another

handouts by Prof. Negro).

CASE PREPARATION

After doing everything we discussed above, the

investigator now shifts to case preparation, which

is loosely defined as “the gathering of all records of

the case in an orderly, chronological and logical

manner, prior to the filing of the complaint”.

These records consist of the following:

1. Affidavits of complainant and witnesses

2. Affidavit of arresting officers (in case of

entrapment or warrantless arrests)

3. Initial or spot report

4. Progress reports

5. Crime laboratory examination results

6. Closing or Final report which contains the

recommendations of the LEAD investigator

7. Indorsment by the Chief

Police Reports

Police reports are the official record of the actions

taken by various police personnel in relation to an

event, incidence or crime.

Kinds:

1. Initial or Spot report – made immediately after

an incident. Usually, within 24 hours. Usually

made by patrol officers or first responders. In some

cases, entries in the police BLOTTER made by desk

officers also constitute a spot report;

2. Progress reports – contains a brief of actions

taken after the initial investigation. Usually,

criminal cases involves several progress reports

which the lead investigator collates alongside the

initial report and other documents; and

3. Final or Closing report – contains a summary of

all the findings, reports, documents and affidavits

and well as the recommendations of the lead

investigator. Unlike progress reports, there can

only be one final report.

Characteristics of a good report:

The quality of your work as an investigator is

judged by the quality of your report. Ideally, a

police report must be like a bikini – brief enough to

make it interesting, yet broad enough to cover the

most interesting parts. Thus, the following

characteristics are desirable in a report:

Keyword: FACTUAL

1. Factual & Objective – the report must be based

on facts and must be free of conjectures,

speculations or opinions;

2. Accurate – the information contained in the

report must be precise;

3. Concise & Complete – Concise means the report

must be as short as possible, direct to the point

and not circuitous. Complete means the report

must contain all the essential elements of

information (5W’s & 1H);

4. Timely – the report must be submitted on time,

otherwise, it becomes stale and useless;

5. Unadulterated – the report must not be

embellished. Statements made by the witnesses

must be recorded in “full” without adding or

subtracting from what the witness said, even if the

investigator believes that the statement made by

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

edit it;

6. Analytical – the report must develop one unified

theme culled from all the different sources of

information;

7. Legible – the report must be made in such a

manner that others can read and understand its



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(032) 515-0400

content, especially in case of handwritten reports.

This is important, as handling officers may be

assigned in different jurisdiction, retires, or may

become unavailable, so that other officers who

assume the investigation must be able to continue

the work of the previous investigator.

PART 2…

SELF EVALUATION QUESTIONS:

Q. A fictional character created by Sir Arthur

Conan Doyle that employed scientific means of

criminal investigation even before the worlds’ first

scientific crime laboratory was established.

a) Eugene Francois Vidocq

b) Sgt. Popay

c) Insp. Alvarez

d) Sherlock Holmes

e) None of the above

Q. A former convicted thief who became a

prominent official of Brigata de la Surete, a French

detective agency.

a) Eugene Francois Vidoque

b) Sgt. Popay

c) Insp. Alvarez

d) Sherlock Holmes


Q. A detective of the London Metropolitan Police

who was dismissed following his successful

infiltration of anarchists because he instigated use

of violence by the group.

a) Eugene Francois Vidoque

b) Sgt. Popay

c) Insp. Alvarez

d) Sherlock Holmes


Q. Austrian magistrate recognized as the father of

Criminalistics. He authored the first treatise on

Scientific Criminal Investigation.

a) Dr. Mathieu Orfilla

b) Dr. Rafael Genard Y Mas

c) Dr. Henry Faulds

d) Dr. Hanz Gross

e) Dr. Cesare Lombroso

Q. The world’s first crime laboratory was

established by Edmond Locard in:

a) London, England

b) Los Angeles, California

c) Buenos Aires, Argentina

d) Lyons, France

e) Manila, Philippines

Q. The first complete crime laboratory was

established in the United States by:

a) Orlando W Wilson

b) John Edgar Hoover

c) Paul Lleland Kirk

d) Alan Pinkerton

e) August Vollmer

Q. _____________ means the observed violation of a

law, which triggers the operation of the criminal

justice system.

a) Investigation

b) Detection

c) Observation

d) Commission

e) Omission

Q. Investigation came from this Latin word which

means “to track or trace”.

a) Viagra

b) Vestigare

c) Stigmata

d) Turbare

e) Interregnum

Q. To follow step-by-step by patient inquiry or

observation; to search into, examine and inquire

with care and accuracy.

a) Criminal Investigation

b) Inquest



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(032) 515-0400

c) Investigation

d) Locus Criminis

e) Crime Scene Search

Q. The process of discovering, collecting, preparing,

identifying and presenting evidence to prove the

truth of a detected violation of penal law.

a) Criminal Investigation

b) Inquest

c) Investigation

d) Locus Criminis

e) Crime Scene Search

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

or re-visit what really happened over a particular

setting. This involves the “putting together” of all

pieces of the puzzle so that a more complete

picture of an event is clearly seen as well as the

circumstances surrounding its commission.

a) Crime scene reconstruction

b) Crime scene investigation

c) Crime scene analysis

d) Crime scene search

e) Crime scene interpretation

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

investigation.

a) To appease the public

b) To recover stolen property

c) To arrest the suspect

d) To obtain evidence legally

e) To determine if a crime has been committed

Q. Effective investigators are emotionally well

balanced, detached, inquisitive, suspecting,

discerning, humble, self-disciplined and

perseverant.

a) Intellectual characteristics

b) Psychological characteristics

c) Physical characteristics

d) All of the above


Q. Ability to retain information, apply technical

knowledge, logical, open-minded and objective.




d) All of the above


Q. An ideal investigator must have the ability to

endure the rigors of investigative works such as

working for long hours, exposure to elements,

inadequate rest, conducting search on difficult

environments, etc.




d) All of the above


Q. Knows how to manufacture evidence and

forcefully extract information from any person.




d) All of the above


Q. The three tools available to the investigator.

a) Information, Instrumentation, Intelligence

b) Interview, Instrumentation, Intelligence

c) Information, Instrumentation, Interrogation

d) Interview, Instrumentation, Interrogation

e) Information, Instrumentation, Interview

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

investigator?

a) Camera

b) Notebook and Pen

c) Tape measure

d) Surveillance

e) None of these

Q. The focal point or place where evidence of

criminal activities are concentrated.



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(032) 515-0400

a) Crime scene

b) Office room

c) Household

d) Street corner

e) Church

Q. The exact place where a crime principally took

place, regardless if it was continued elsewhere.

a) Inner perimeter

b) Outer perimeter

c) Primary crime scene

d) Secondary crime scene

e) Police Interns Office

Q. Place subsequent to the commission of the main

offense where the effects, proceeds of the crime or

corpus dilicti was continued, transferred or

disposed of.

a) Inner perimeter

b) Outer perimeter

c) Primary crime scene

d) Secondary crime scene

e) Police Interns Office

Q. Identify which among the following qualifies as

the most urgent task of the first responders.

a) neutralize any threat

b) cordon the scene

c) render aid to the injured

d) identify witnesses

e) locate important objects

Q. After all threats have been dealt with, the most

important task is:

a) neutralize any threat

b) cordon the scene

c) render aid to the injured

d) identify witnesses

e) locate important objects

Q. This type of search focuses on a focal point

where most of the crucial evidence are

concentrated and spreads outward on a circular

pattern.

a) Strip

b) Double strip

c) Wheel or pie

d) Spiral

e) Grid or zone

Q. Search pattern most suitable for processing

large areas with different terrains or multi-storey

buildings.

a) Strip

b) Double strip

c) Wheel or pie

d) Spiral

e) Grid or zone

Q. This search is more thorough than a single strip

but it takes longer to complete and some evidence

found during the second pass may actually be left

behind during the first search.

a) Strip

b) Double strip

c) Wheel or pie

d) Spiral

e) Grid or zone

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

search? (Oct., 2011)

a) Faulty driver

b) Street

c) Point of impact

d) Disengagement

e) Passenger

Q. In a fire investigation, which among the

following burn indicators will you focus your

search in? (Oct., 2011)

a) Origin of fire

b) Alligatoring

c) Witnesses

d) Spalling

e) Fire direction

Q. Which among the following crime scenes require

a search warrant?



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(032) 515-0400

a) Hot scene

b) Warm scene

c) Cold scene

d) All of these

e) None of these

Q. The requirements for issuance of a valid Search

warrant does not include:

a) Probable cause

b) Personally examined by the fiscal in the form of

searching questions & answers

c) Based on personal knowledge of complainant or

any witnesses

d) In connection with one particular offense

e) Particularly describing the place to be searched

or the persons or things to be seized

Q. A search warrant issued by Judge Paredes to

CIDG on February 10, 2011 is valid up to?

a) February 20, 2011

b) February 21, 2011

c) February 22, 2011

d) February 23, 2011

e) Valid until revoked

Q. Part of field notes that graphically record the

scene and the important evidence within it by

describing each objects or documents, indicating

the relative position of one object from another,

including their distances and measurements.

a) Rough sketch

b) Final sketch

c) Photographs

d) Videos

e) Audios

Q. Outdoor crime scenes with at least two

landmark points of coordinates can be better

drawn by measuring the distance of objects from

the landmark and its angles.

a) Straight baseline method

b) Diagonal baseline method

c) Triangulation method

d) Cross-projection method

e) Any of the above

Q. Objects imbedded on walls and ceilings are best

illustrated and measured using:

a) Straight baseline method

b) Diagonal baseline method

c) Triangulation method

d) Cross-projection method

e) Any of the above

Q. Presents the general view of a place where a

crime took place, indicating its location by

including dominant features of the surroundings

such as tall buildings, monuments, bridges or

parks.

a) Long-range photograph

b) Mid-range photograph

c) Close-range photograph

d) Macrophotography

e) Microphotography

Q. The taking of photographs up-close, usually

with a ruler or measuring device, to indicate exact

size.

a) Long-range photograph

b) Mid-range photograph

c) Close-range photograph

d) Macrophotography

e) Microphotography

Q. Investigation that is carried out long after the

crime was committed but before the expiration of

the statutory period for extinction.

a) Hot case investigation

b) Warm case investigation

c) Cold case investigation

d) Investigation in aid of legislation

e) Kangaroo court investigation

Q. Investigative technique of employing covert ways

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

a) White-wash

b) Frame up

c) Entrapment



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(032) 515-0400

d) Instigation

e) All of these

Q. Unethical investigative practice wherein a crime

committed by another is made to appear to have

been committed by an innocent person.

a) White-wash

b) Frame-up

c) Entrapment

d) Instigation

e) All of these

Q. Unprofessional investigative practice wherein a

crime actually committed is concealed, white-

washed or hidden by officially denying that a

violation of the law was committed.

a) Cover-up

b) Frame-up

c) Entrapment

d) Instigation

e) All of these

Q. Any object, thing, document, information or

clue that points to the identity of the perpetrator:

a) Lead

b) Tip

c) Intuition

d) Personal identification

e) Sketch

Q. The uncanny ability of a seasoned investigator

to identify leads, recognize evidence and locate

witnesses. This can only be developed through

experience and is usually cited as the reason why

investigation is also an art.

a) Lead

b) Tip

c) Intuition

d) Personal identification

e) Sketch

Q. Man is essentially a creature of habit. This

means that a successful criminal will commit

future crimes in a more or less identical manner.

a) Modus operandi

b) Associative evidence

c) Trace evidence

d) Trophy

e) Souvenir

Q. When several sexual assaults are committed on

different occasions at different places by an

unknown person exhibiting a single modus

operandi.

a) Serial rapist

b) Mass rapist

c) Genocide

d) Continuing crime

e) Assassin

Q. When more than four persons are feloniously

and intentionally killed on a single place and time.

a) Serial killing

b) Mass murder

c) Genocide

d) Multiple offense

e) Assassin

Q. The deliberate, systematic and sustained

elimination, obliteration or destruction of an entire

tribe, religious or ethnic group, with a view of

permanently removing them from the face of the

Earth.

a) Serial killing

b) Mass murder

c) Genocide

d) Continuing offense

e) Assassin

Q. ___________ is a professional paid to liquidate a

specific target. This term has its roots on the word

“hashish” which is given as a reward to hired

killers in the Middle East during the medieval

periods.

a) Serial killing

b) Mass murder

c) Multiple crime

d) Continuing offense



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(032) 515-0400

e) Assasin

Q. When two objects come into contact with one

another, they will leave traces of each other. There

is a cross-transference or mutual-exchange of

information resulting to “trace” and “associative”

evidence.

a) Bogart’s principle of criminalistics

b) Locard’s exchange principle

c) Goddard’s ballistic principle

d) Salazar’s fingering principle

e) Gross’ principle of forensics

Q. Evidence found on the crime scene that places

the suspect in the scene such as fingerprints, hairs

or fibers.

a) Modus operandi


c) Tracing evidence

d) Trophy

e) Souvenir

Q. Articles or matters found at the scene which aid

in the establishment of the identity of the

perpetrator.

a) Modus operandi


c) Tracing evidence

d) Trophy

e) Souvenir

Q. Evidence found on the person of the suspect

that places him at the scene of the crime such as

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

etc.

a) Modus operandi


c) Tracing evidence

d) Trophy

e) Souvenir

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

details, restaurant bills, phone call records, ATM

withdrawal slips, etc. that leaves a clue to the

movement and location of a known suspect.

a) Modus operandi


c) Tracing evidence

d) Trophy

e) Souvenir

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

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

a) Modus operandi


c) Trace evidence

d) Trophy

e) Souvenir

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

the scene by the criminal as a remembrance, such

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

a) Modus operandi


c) Trace evidence

d) Trophy

e) Souvenir

Q. Simply means continuity of possession. It

implies that the evidence presented in court are

the same evidence taken from the crime scene and

any changes that may occur from the time the

evidence is recovered up to the time it is presented

can be sufficiently explained.

a) chain of command

b) chain of custody

c) evidence tracking

d) tracing evidence

e) preservation of evidence

Q. _____________ also refers to the number of

persons who handled the evidence between the

discovery of the offense up to the disposition of the

case in court.

a) chain of command

b) chain of custody

c) evidence tracking



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(032) 515-0400

d) tracing evidence

e) preservation of evidence

Q. A moving force which impels a person to act:

a) Modus operandi

b) Motive

c) Intent

d) Desire

e) Opportunity

Q. _________________ is the casual, cooperative and

friendly inquiry involving a person who may have

information regarding the commission of a specific

crime under investigation.

a) Interview

b) Interrogation

c) Torture

d) Polygraph

e) Confession

Q. A person who furnishes information based on

personal knowledge during interview is a source of

what type of evidence?

a) Object evidence

b) Documentary evidence

c) Testimonial evidence

d) Hearsay evidence

e) Confession

Q. If you are a police investigator, which among the

following individuals should you consider best for

interview?

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

inattentive

b) One who was present and attentive at the crime

scene

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

had been intoxicated.

d) One who was attentive to what was happening

e) One who is willing to be manipulated by the

police

Q. According to Swanson, Chamelin & Territo, the

greatest problem with mistaken identity is

____________.

a) Miscarriage of justice

b) Wasted police time

c) Bad publicity

d) Ineffective policing

e) None of these

Q. This requires strict compliance of legal

requirements. In this situation, the person subject

to questioning is either a suspect or a hostile

witness.

a) Interview

b) Interrogation

c) Torture

d) Polygraph

e) Confession

Q. Why is it important to distinguish between an

interview and an interrogation?

a) Numerous legal requirements apply in

interrogations but not in interviews

b) There is no difference

c) Interviews are intended to elicit confessions

d) Interrogations result in convictions

e) I don’t care

Q. The purpose of Interrogation are the following,

except:

a) To test information already obtained

b) To secure a confession

c) To confront the suspect with the truth

d) To exclude the guilty

e) None of these

Q. One of the following is not a scientific approach

to interrogation:

a) Sympathetic approach

b) Cognitive interview technique

c) Logical approach

d) Water boarding

e) Reflective interview technique



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(032) 515-0400

Q. In this form of tactical interrogation, two police

investigators form a tandem; one of them is

friendly towards the suspect while the other is

hostile.

a) Mutt and Jeff

b) Hot and Cold

c) Good-cop, Bad-cop

d) All of these

e) None of these

Q. The right of a person suspected to have

committed an offense to be informed of his right to

remain silent and be assisted by counsel preferably

of his own choice.

a) Right to bail

b) Right to presumption of innocence

c) Miranda right

d) Right to confront witnesses

e) Freedom from unreasonable search or seizure

Q. The warnings in Miranda v. Arizona does not

include the suspects’ right to:

a) Confess to the crime voluntarily in the presence

of counsel

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

used against him in a court of law

c) Have a competent counsel de parte or ex officio

d) Be informed of his right to remain silent


Q. An acknowledgment of fact, falling short of an

acknowledgment of guilt, made by the suspect in

the course of an investigation.

a) Judicial confession

b) Extrajudicial admission

c) Judicial admission

d) Extrajudicial confession

e) Admission

Q. An acknowledgment of all the material facts of a

particular crime, including the guilt, made by the

suspect in the course of trial.

a) Judicial confession

b) Extrajudicial admission

c) Judicial admission

d) Extrajudicial confession

e) Admission

Q. Field notes must be an exact and correct

representation of facts obtained in the course of

the investigation.

a) Complete

b) Accurate

c) Timely

d) Unadulterated

e) Legible

Q. Note and record all available information,

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

writing.

a) Completeness

b) Accuracy

c) Timeliness

d) Faithfulness

e) Legibility

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

with a warrant. Which among the following

instances permits the arrest of a suspect even in

the absence of judicial warrant?

a) Hot pursuit

b) Inflagrante delicto

c) Fugitives from justice

d) All of these

e) None of these

Q. The general investigative sequence in case

warrantless arrests are no longer proper is:

1. Proceed to the area where a reported offense

allegedly took place

2. Make a preliminary determination if a crime has

been committed

3. Deal with any emergencies first

4. Process the scene, take photographs, record all

activities

5. Release the scene

6. Identify & Interview witnesses

7. Interrogate suspects & uncooperative witnesses



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8. Submit the case folder containing your findings

to the prosecutor

9. Wait for the issuance of the warrant of arrest

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

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

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

d) Any steps could be followed

Q. According to Bennet & Hess, the most

successful investigations are systematic, thorough

and takes time. This helps ensure an airtight case

that does not result to waste of time, money and

effort. On the other hand, “instantaneous”

investigations are haphazard, unprofessional and

results to wrongful prosecution of innocent

persons.

a) Agree

b) Disagree

c) Partly agree

d) Partly disagree

e) None of these

Q. The process of documenting in a systematic and

logical manner all evidence collected during the

investigation and submit it before the public

prosecutor for evaluation.

a) case preparation

b) order maintenance

c) crime prevention

d) public service

e) journalism

Q. A pictorial collection of past offenders known to

the police & presented to an eye-witness for

examination. They are usually indexed, catalogued

and recorded according to sex, type of crimes,

modus operandi and place of commission.

a) Police line-up

b) Rouges gallery

c) Order of battle report

d) Personal status report

e) Crime album

Q. Mug shots are also known as:

a) Police line-up

b) Rouges gallery

c) Order of battle report

d) Personal status report

e) Crime album

Q. The current practice of presenting a “Rogue’s

Gallery” to the victim for identification purposes

has its origins in:

a) Mulberry street morning parade

b) Sketching

c) Medieval firing squad

d) Portrait parle

e) Inquisition

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

a) Mulberry street morning parade

b) Sketch

c) Medieval firing squad

d) Portrait parle

e) Inquisition

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

requires:

a) More than two suspects

b) Not suggestive as to guilt

c) Not suggestive as to identity

d) All of these

e) a & c only

Q. Doctrinal rule which states that evidence

illegally obtained in the course of the police

investigation cannot be admitted during trial.

a) Fruit of the poisonous tree

b) Irrelevant evidence

c) Immaterial evidence

d) Inadmissible evidence

e) Hearsay evidence

Q. The world’s first conviction using DNA evidence

was obtained in England through:

a) William West & Will West case

b) Colin Pitchfork case

c) Terry v. Ohio case



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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 Investigation, By: Swanson,

Chamelin & Territo, McGraw Hill

Publishing Co. 2004

2. Criminal Investigation, By: Hess &

Orthman, Cengage Learning, 2010

Philippine Edition

3. Criminal Investigation, By: JDempsey,

Cengage Learning, 2nd Ed.

4. Criminalistics, an Introduction to Forensic

Science, By: RSaferstein, Prentice Hall, 9th

Ed.

5. Techniques of Crime Scene Investigations,

By: Fisher & Fisher, CRC Press, 7th 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

fundamentals of criminal investigation.pdf

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