PHASES OF CRIMINAL INVESTIGATION

Introduction:

Criminal investigation is a crucial process aimed at uncovering the truth behind a crime and
ensuring that justice is served. It involves various phases that collectively contribute to
identifying the perpetrators, tracing their whereabouts, and providing the necessary evidence
for their conviction.

I. Identifying the Perpetrators:

- The first phase involves determining the individuals responsible for committing the crime.

- Methods of identification include:

Admission and Confession: When a suspect voluntarily admits to their involvement in the
crime.

Eyewitness Testimony: Accounts provided by individuals who witnessed the crime or were
present at the scene.

Circumstantial Evidence: Indirect evidence that suggests a person's guilt based on

circumstances surrounding the crime.

Identification through Physical Evidence: Matching physical evidence (e.g., fingerprints, DNA,
footprints) to potential suspects.

Corpus Delicti Evidence: Establishing that a crime has occurred through tangible evidence.

Identification through Forensic Science: Utilizing scientific techniques to analyze evidence and
link it to the perpetrator.

II. Locating and Tracing the Whereabouts:

- Once the perpetrators are identified, the focus shifts to finding their current locations and
tracing their movements.

- Investigators may search:

Place of Residence: The suspect's home, where valuable information or evidence might be
found.
Workplace: Where the suspect spends a significant amount of time, potentially leaving behind
clues.

Hang Out Places: Locations frequented by the suspect, which might provide leads to their
whereabouts.

III. Providing Evidence for Conviction:

- The final phase centers on gathering and preserving evidence that will stand up in court and
lead to a conviction.

Maintaining evidence integrity is crucial; key points include:

Proper Collection: Ensuring evidence is collected following established protocols to prevent

contamination or tampering.

Chain of Custody: Documenting the handling of evidence to establish its authenticity and
reliability.

Documentation: Accurate and detailed records of all procedures involved in handling the
evidence.

Expert Testimony: Involving professionals to provide expert opinions on the collected evidence
during court proceedings.

Conclusion:

Criminal investigation involves a meticulous process of identifying perpetrators, tracing

their whereabouts, and providing evidence that can lead to their conviction. The use of various
identification methods, forensic science, and proper evidence handling procedures is essential
to ensure a fair and just legal process from the initial crime scene investigation to the
courtroom presentation.
ARREST AND LEGAL PROCEDURES

Introduction:

Arrest is a fundamental aspect of the legal process that involves taking a person
suspected of committing a crime into custody. It is carried out by law enforcement agencies
with the authority to apprehend individuals for the purpose of addressing matters related to
the alleged commission of a crime.

I. Definition of Arrest:

- Arrest involves taking a suspected individual into custody to hold them accountable for an
alleged criminal act.

- Legally, arrest is defined by the Rules of Court (Section 1, Rule 113) as the act of placing a
person under custody to make them answer for an offense.

II. Modes of Arrest:

1. Warrant of Arrest:

- A warrant of arrest is an official document issued by a court that directs law enforcement to
apprehend and detain a person named in the warrant.

- It is necessary for arresting a person suspected of committing a crime.

- The warrant is obtained from the court after presenting sufficient evidence of probable
cause.

2. Warrantless Arrest:

- A warrantless arrest is made by law enforcement without the benefit of a warrant.

- It is typically allowed in specific situations where there is immediate danger, the suspect is in
the act of committing a crime, or there is a risk of escape.
III. Warrantless Arrest and Inquest Proceedings:

- In cases of warrantless arrest, further legal steps are taken, including inquest proceedings.

Inquest Proceedings:

- An inquest is an informal and summary investigation conducted by a public prosecutor in

cases where individuals are arrested without a warrant.

- The purpose is to determine whether the arrested person should remain in custody and be
formally charged with a crime.

- Inquest proceedings aim to ensure that the arrest was lawful and that the individual's rights
are upheld.

Conclusion:

Arrest is a pivotal component of the criminal justice system, involving the apprehension
of individuals suspected of committing crimes. Understanding the distinction between warrant
and warrantless arrests, as well as the process of inquest proceedings, is essential for upholding
the rights of both the accused and the law enforcement agencies involved in maintaining public
safety and enforcing the law.
WARRANTS AND SEARCH PROCEDURES

Introduction:

Warrants and search procedures are integral components of the legal system that
balance individuals' rights with law enforcement's authority. Understanding the concepts of
warrants, search warrants, warrantless searches, and exigent circumstances is crucial for
ensuring lawful and ethical practices in law enforcement.

I. Warrant Defined:

- A warrant is a legal authorization issued by a court that grants permission for a specific action
to be taken.

- It serves as a safeguard against unreasonable searches, seizures, and actions by law

enforcement.

II. Search Warrant:

- A search warrant is a specific type of warrant used to authorize the search for and seizure of
personal property related to a criminal investigation.

- Legal Definition (Section 1, Rule 26 of Rules of Court):

- Written order issued in the name of the People of the Philippines.

- Signed by a judge and directed to a peace officer.

- Commands the officer to search for described personal property and bring it before the
court.

- The issuance of a search warrant requires probable cause as a strong basis, established
through the judge's questioning of the complainant under oath.

- The judge also considers possible witnesses who may be presented.

III. Warrantless Search and Exigent Circumstances:

- Warrantless searches are situations where law enforcement conducts a search without
obtaining a search warrant, typically due to exigent circumstances.

Exigent Circumstances:

- Refers to situations where obtaining a warrant would be impractical or ineffective.

 - Examples where a valid warrantless search and seizure might be allowed:

Hot Pursuit: When police are chasing a suspect who enters a private property.

Imminent Destruction of Evidence: If evidence is about to be destroyed before a warrant

can be obtained.

Emergency Situations: Cases involving immediate danger to life or property.

Prevent Flight: When a suspect is attempting to flee and could escape if law enforcement
waits for a warrant.

Conclusion:

Understanding the legal framework around warrants, search warrants, warrantless

searches, and exigent circumstances is vital for both law enforcement officers and individuals to
ensure that searches and seizures are conducted fairly, in accordance with the law, and while
respecting individuals' rights and the principles of justice.
EXAMPLE SCENARIOS

Search Warrant Definition and Issuance Process

Example: Imagine a situation where a detective is investigating a case involving the suspected
possession of illegal narcotics in a specific residence. To gather evidence, the detective needs a
search warrant. The detective presents their findings and evidence to a judge, demonstrating
probable cause. The judge reviews the evidence, questions the detective under oath, and
considers possible witnesses who might support the case. If the judge is convinced that there's
sufficient reason to search the specified property, they issue a search warrant. This warrant
authorizes law enforcement to search the identified property for the alleged illegal narcotics.

Exigent Circumstances and Warrantless Searches

Example: Consider a scenario where the police receive a report about an ongoing armed
robbery at a convenience store. The suspects are still inside the store and are armed. In this
urgent situation, law enforcement doesn't have the time to obtain a search warrant. Instead,
they enter the store immediately to neutralize the threat and ensure the safety of the store
employees and customers. Here, the exigent circumstance of an ongoing armed robbery
justifies the warrantless entry and search to prevent further harm or loss of life.

Warrantless Search to Prevent Destruction of Evidence

Example: Suppose the police receive a tip that an individual is about to burn a stash of
counterfeit money in their backyard. The police rush to the location and see the suspect with a
pile of burning bills. In this situation, the police can conduct a warrantless search of the
backyard to seize the remaining counterfeit money before it's destroyed. The imminent
destruction of evidence—burning the counterfeit money—creates an exigent circumstance that
justifies the immediate search without a warrant.

Warrantless Search in Hot Pursuit

Example: Imagine a scenario where a suspect in a hit-and-run incident flees the scene and
enters a nearby private residence. The police, in hot pursuit of the suspect, follow them into the
house to make an arrest. The suspect's actions led them onto private property, but the exigent
circumstance of hot pursuit justifies the warrantless entry and arrest to prevent the suspect
from evading justice.
Warrantless Search to Prevent Flight

Example: Picture a situation where the police have probable cause to arrest a suspect for a
serious offense. As they approach the suspect's location, they see the suspect running towards
a car. The police know that the suspect is likely to flee the area if they're not apprehended
immediately. In this case, the exigent circumstance of preventing flight justifies a warrantless
arrest and search of the suspect to prevent their escape.

These examples highlight different scenarios where search warrants are required and
where warrantless searches are legally justified due to exigent circumstances. Understanding
these real-life situations helps clarify the legal principles surrounding search procedures and
their implications in law enforcement.
INTELLIGENCE AND POLICE INTELLIGENCE

Introduction:

Intelligence plays a critical role in informing decision-making, particularly in matters

concerning safety, security, and policy formulation. In law enforcement, intelligence is a
powerful tool that aids in preventing and investigating crimes, maintaining peace, and
safeguarding lives and properties. Understanding the concepts of intelligence and its various
applications in police work is essential for effective law enforcement.

I. Definition of Intelligence:

Intelligence refers to information or data that has undergone collection, analysis, and
refinement, making it valuable for policy makers in making decisions regarding potential threats
to people's safety and national security.

- Intelligence helps decision-makers by providing insights and knowledge that support effective
actions and strategies.

II. Definition of Information:

Information encompasses evaluated materials of various types, including observations, reports,

rumors, imagery, and other sources from which intelligence is derived.

- Information forms the basis for intelligence, undergoing analysis and processing to become
actionable insights.

III. Areas of Police Intelligence:

1. Criminal Intelligence (CRIMINT):

- Focuses on gathering information that aids in preventing and investigating crimes.

- This involves collecting data on criminal activities, suspects, modus operandi, and patterns of
criminal behavior.
 - CRIMINT helps law enforcement agencies anticipate criminal actions, plan operations, and
apprehend offenders.

2. Internal Security Intelligence (INSINT):

- Concentrates on maintaining peace and order within the community.

- INSINT involves monitoring and analyzing information related to potential threats to public
safety, civil disturbances, protests, and any activities that could disrupt societal harmony.

- This form of intelligence guides law enforcement in managing crowd control and responding
to public safety concerns.

3. Public Safety Intelligence (PUSINT):

- Aims to protect lives and properties from harm or danger.

- PUSINT involves gathering information about risks, hazards, and vulnerabilities that could
impact public safety.

- This type of intelligence assists in disaster response, emergency preparedness, and ensuring
the safety of individuals and communities.

Conclusion:

Intelligence, as refined and analyzed information, is a crucial asset for policy makers and
law enforcement agencies. Its applications in criminal intelligence, internal security intelligence,
and public safety intelligence underscore its multifaceted role in preventing crimes, maintaining
order, and protecting lives and properties. The effective use of intelligence empowers law
enforcement to make informed decisions and take proactive measures in safeguarding the well-
being of society.
SCENARIO: WARRANTLESS SEARCH TO PREVENT FLIGHT

Imagine a person suspected of stealing a large amount of money from a company. The
police have been investigating and find out that the suspect plans to escape the country the
next morning to avoid getting caught. They know that if the suspect leaves, it will be hard to
bring them back for trial.

To prevent this, the police go to the suspect's house without a warrant. They knock and
announce themselves as law enforcement, but there's no response. They believe the suspect
might be destroying evidence or getting ready to flee. In this urgent situation, they enter the
house and find the suspect packing bags and papers.

The police arrest the suspect and look around for evidence of the theft. They find
important documents and records that link the suspect to the stolen money. Even though they
didn't have a search warrant, the situation was so urgent that they had to act immediately to
stop the suspect from escaping and destroying evidence.

In this case, the need to stop the suspect from getting away quickly allowed the police
to search without a warrant. The main goal was to prevent the suspect from fleeing and to keep
important evidence safe.

Scenario 1: Distinguishing Intelligence and Information in a National Security Context

Imagine a national security agency tasked with safeguarding a country against terrorist
threats. In this context:

Intelligence would refer to the carefully analyzed and refined data that has been collected
through various means, including surveillance, informants, and intercepted communications.
This intelligence would include information about potential terrorist plots, their targets, and the
identities of key operatives. It is the actionable knowledge that helps policymakers make
informed decisions about protecting national security.

Information, on the other hand, would encompass raw data such as intercepted phone
conversations, emails, or surveillance footage. This data, before being thoroughly analyzed and
refined, is just information. It includes reports from field agents, rumors of suspicious activities,
and imagery from surveillance cameras. It forms the basis for intelligence but requires
evaluation and interpretation to become actionable intelligence.
INTELLIGENCE COMMUNITY AND KEY AGENCIES

Introduction:

The intelligence community is a crucial part of government responsible for gathering,

analyzing, and acting on information to ensure national security and make informed decisions.
It involves a network of agencies and organizations with intelligence interests and
responsibilities. This class notes summary provides an overview of the intelligence community,
focusing on the Philippines and international intelligence agencies.

I. The Philippine Intelligence Community:

- The National Intelligence Coordinating Agency (NICA) is the primary intelligence agency in
the Philippines. It carries out various intelligence programs, including overt, covert, and
clandestine activities. NICA cooperates with friendly countries and government agencies, both
inside and outside the Philippines.

- NICA is led by a director-general, who reports directly to the president. There is also a
National Intelligence Board that advises the director-general on national security matters
affecting the Philippines.

Other key members of the Philippine intelligence community include:

1. Philippine National Police (PNP) with various intelligence units.

2. Armed Forces of the Philippines (AFP) responsible for military intelligence.

3. National Bureau of Investigation (NBI) involved in national and domestic intelligence.

II. International Intelligence Organizations:

A. United States of America:

Central Intelligence Agency (CIA): A civilian foreign intelligence service responsible for
gathering, processing, and analyzing national security information worldwide, primarily
through human intelligence (HUMINT).
 Federal Bureau of Investigation (FBI):Performs counter-intelligence activities within the
United States. It was established in 1908 and expanded into domestic intelligence work
in 1939.

National Security Agency (NSA): Responsible for collecting signals intelligence globally
and overseeing the security of American secret communications.

Defense Intelligence Agency (DIA): Provides military intelligence to the Department of

Defense.

B. Great Britain:

MI-5: Equivalent to the U.S FBI, responsible for counterintelligence activities.

MI-6 (Secret Intelligence Service - SIS): Analogous to the CIA, known for running the
"Ultra" program during World War II, breaking coded German messages to aid the Allies.

C. Former Soviet Union (USSR):

Committee for State Security (KGB): Served as a secret police force, controlling
domestic population and conducting espionage, disinformation campaigns, and efforts
to destabilize foreign governments.

Conclusion:

The intelligence community, whether at the national or international level, plays a

crucial role in safeguarding national security and making informed policy decisions. It involves a
complex network of agencies and organizations, each with its own specific roles and
responsibilities in gathering and analyzing intelligence. Understanding the structure and
functions of the intelligence community is essential for maintaining security and responding
effectively to global threats.
INTELLIGENCE CYCLE (PLANNING THE COLLECTION EFFORT)

Introduction:

Understanding the intelligence cycle is fundamental in the realm of intelligence

operations. It's a structured process that guides the acquisition, processing, and dissemination
of information. At its core, the "mission" drives all intelligence activities. In these class notes,
we'll explore the importance of the intelligence cycle and delve into the first phase, "Planning
the Collection Effort."

I. The Intelligence Cycle and Its Significance:

- The intelligence cycle is a systematic process for acquiring, managing, and using information
effectively. It follows a well-defined sequence of steps, ensuring that intelligence serves its
intended purpose.

- Central to this cycle is the mission, which is the ultimate purpose behind intelligence activities.
It serves as the foundation for all intelligence operations.

II. Phase 1: Planning the Collection Effort:

- This phase serves as the initial step in the intelligence cycle and involves careful planning of
intelligence-gathering efforts.

Key components of this phase include:

Essential Elements of Information (EEI): These are vital pieces of information necessary for
informed decision-making.

Understanding Available Sources: Intelligence officers must have a thorough knowledge of the
sources of information available and the capabilities of collecting agencies.

The primary tasks in this phase are the:

Determination of Intelligence Requirements: Identifying what information is needed to

accomplish the mission.

Priority Intelligence Requirements (PIR): These are the highest-priority intelligence

requirements, approved by the commander and forming the basis for intelligence operations.
Intelligence requirements can be categorized based on their:

Use: Executive (for decision-makers), Contributory (to complete staff processes), Operational
(to implement decisions), or Collateral (for higher or adjacent echelons).

Type: Basic (general reference materials), Current (temporary and specific), or Estimative
(future courses of action).

During this phase, it's crucial to determine how information will be collected and why it
needs to be collected.

III. Conclusion:

- The intelligence cycle provides a structured framework for effective intelligence operations.

- The first phase, "Planning the Collection Effort," is essential as it sets the foundation for
gathering essential information.

- The mission remains at the heart of intelligence activities, driving the entire cycle.

- By following the intelligence cycle and placing meticulous attention on planning, intelligence
professionals ensure that the right information is collected and processed to support decision-
makers effectively.
COLLECTION, COLLATION OF INFORMATION, AND DISSEMINATION OF INTELLIGENCE

Introduction:

The intelligence cycle is a structured and systematic process that underlies all
intelligence operations. It encompasses four critical phases: Collection of Information, Collation
(Processing), and Dissemination of Intelligence. In these class notes, we'll explore the phases of
Collection and Collation in detail.

Phase 2: Collection of Information:

- This phase is dedicated to identifying the "collecting agency" and formulating procedures for
collecting information.

- Collection of Information involves the systematic exploitation of information sources by

collection agencies and the delivery of acquired information to the appropriate intelligence unit
or agency.

Collection Agency:

- A collection agency is any person, unit, or activity responsible for collecting and processing
information through research, surveillance, or source exploitation.

Collection Plan:

- A collection plan is a dynamic tool used to coordinate and integrate the efforts of all collection
units and agencies.

- It assists the Collection Manager in organizing their thought processes.

Factors in Gathering Information:

When gathering information, consider:

- Who will collect the information?

- What information will be collected?

- Where should the information be collected?

- When is the right time to gather the information?

- How shall this information be collected?

 - Why should this information be collected?

Criteria for Selecting a Collection Plan:

1. Suitability: The collection task must align with the mission of the agency to ensure the best-
suited agencies are employed for information gathering.

2. Multiplicity: Information often requires comparison with data from other sources,
necessitating the involvement of more than one agency.

3. Balance: The workload must be balanced with the number of agencies utilized for data
collection.

4. Capability: Collection agencies must have the resources and personnel capable of performing
the assigned task effectively.

Symbols for Source of Information:

- Collection agencies use symbols to identify information sources. Symbols with corresponding
meanings are employed for this purpose.

Letters - Meaning

T- Direct observation by the commander of a unit

U- Report by a penetration agent or resident agent

V- Report by an AFP trooper or PNP personnel in encounter

W- Interrogation of a captured enemy agent or foreigner

X- Observation by a government or civilian employee/official

Y- Observation by a member of a populace

Z- Documentary

Sources of Information:

1. Human Sources:

- Criminals and their associates

- Informants

- Offenders and police investigators or intelligence officers

 - Private investigators

- Business and community people

- Academics and consultants

2. Field Sources:

- Permanent and specialized collectors, such as police or intelligence officers working in the
field.

3. Scientific Sources:

- Specialized internal areas of organizations with expert knowledge and specialized equipment
for extracting information.

Methods in Gathering Information:

- Methods for gathering information include police routine activities, covert methods, and overt
methods.

Covert Methods:

- Covert methods involve clandestine means of obtaining information regarding criminals,

organized crime, subversive elements, or foreign activities.

- Techniques include infiltration and surveillance.

Overt Methods:

- Overt methods involve obtaining information through open methods or open-source data.

- This includes collecting information from government records, census data, commercial
listings, and public sources like newspapers.

Phase 3: Collation (Processing):

- Collation refers to the process of evaluating the accuracy and reliability of collected
information.

- Reliability assesses the source of information, while **accuracy** gauges the truthfulness of
the information.
Collation Stage Involves:

1. Recording: Information is reduced to writing or other graphical forms and organized into
related groups.

2. Analysis: Information is broken into components, and relevant elements are isolated,
including source assessment and truthfulness.

3. Evaluation: Pertinence, reliability, and accuracy of information are determined.

Reliability and Accuracy Table:

- A system for evaluating the reliability and accuracy of information.

Phase 4: Dissemination of Intelligence:

- Dissemination refers to the actions taken to transfer processed information to the appropriate
individuals.

- The "need to know principle" guides dissemination to ensure information is shared only with
those who require it.

Criteria in Dissemination:

1. Timeliness: Information must be conveyed promptly to end-users through suitable means.

2. Propriety: Dissemination should be clear, concise, and complete, aligning with security
requirements.

Users of Intelligence:

- Intelligence is disseminated to a range of individuals, including national leaders, military

commanders, advisors, friendly nations, and those with authority over the intelligence.

Conclusion:

The intelligence cycle's phases of Collection, Collation, and Dissemination are critical in
the acquisition, processing, and sharing of vital information. These phases ensure that reliable,
accurate intelligence is provided to those who need it for informed decision-making and
mission success.
COUNTER-INTELLIGENCE

Introduction:

Counter-Intelligence (CI) is a vital component of intelligence operations aimed at

safeguarding lives, property, and crucial information by preventing infiltration or espionage by
enemy forces. In this class, we will delve into the objectives, activities, and measures associated
with Counter-Intelligence.

Objectives of Counter-Intelligence:

1. Prevent espionage, sabotage, subversion, disaffection, treason, or sedition.

2. Ensure the security of government, military, and police offices or installations.

3. Deny the enemy access to classified documents and information.

4. Aid activities to achieve surprise against criminal and subversive plans.

5. Detect possible disaffection, treason, or sedition within one's own forces.

Key Definitions:

Espionage: The act of stealing vital information, either physical or electronic.

Subversion: The recruitment of individuals working within an organization to secretly

undermine or overthrow its system.

Sabotage:The act of stealing property or destroying materials to disrupt regular operations.

Disaffection: A state of dissatisfaction with authorities, resulting in a lack of support.

Treason: Disloyalty to one's own country, often involving giving away or selling its secrets to the
enemy.

Sedition: Actions that promote or incite discontent or rebellion against a government.

Varied Activities of Counter-Intelligence:

Counter-Intelligence encompasses several activities, including:

Detection: Identifying the clandestine operations of the enemy.

Prevention: Applying counter-intelligence measures to thwart enemy activities.

Neutralization:Containing and preventing the effectiveness of hostile foreign activities.

Measures for Effective Counter-Intelligence:

1. Passive-Defensive Measures: These conceal information from the enemy. Examples include
secrecy discipline, communication security, concealment, and camouflage.

2. Active-Offensive Measures: These actively block the enemy's efforts and attempt to gain
information or disrupt enemy activities. This includes detection, prevention, and neutralization.

Broad Categories of Counter-Intelligence Operations:

a. Police Security: Measures taken by law enforcement agencies or the armed forces to
protect against espionage, enemy observation, sabotage, or subversion. This includes secrecy
discipline, safeguarding classified information, and tactical measures.

b. Civil Security: Encompasses active-offensive and passive-defensive counter-

intelligence affecting civilians and foreign nationals residing in areas under military or police
jurisdiction. Examples include registration, control of circulation, curfews, and security
screening.

c. Special Operations: Active Counter-Intelligence techniques conducted during

clandestine or covert operations against hostile intelligence organizations. This includes
counter-terrorism, counter-espionage, counter-sabotage, and counter-subversion.

d. Port Frontier, and Travel Security: Counter-Intelligence control at international

boundaries and seaports, involving security screening and control.

e. Censorship: Control and examination of communication to prevent transmission of

information to the enemy and collect and disseminate valuable intelligence.
Censorship Categories:

National censorship: Total control of communication for the entire population.

Military censorship: Control of communication involving the military and police.

Civil censorship: Control of communication from civilians.

Field Press censorship: Review of news materials for security purposes.

Prisoner of War censorship: Control of communication to and from Prisoners of War (POWs)
and civilian internees.

Conclusion:

Counter-Intelligence plays a critical role in safeguarding interests, lives, and information

against enemy infiltration and espionage. It involves a range of activities, measures, and
operations designed to detect, prevent, and neutralize threats to national security and
intelligence integrity. Effective Counter-Intelligence is crucial for maintaining security and
strategic advantage.