Fundamentals of Criminal Investigation and Intelligence
Fundamentals of Criminal Investigation and Intelligence
● Investigation
- the act or process of investigating or the condition being investigated. It also refers to a search or inquiry for
ascertaining facts, detailed or careful examination.
● Criminal investigation
It is the systematic method of inquiry that is more a science than an art. The logic of scientific method must
however, be supplemented by the investigator's initiative and resourcefulness. The sequences of the
investigation should be regarded by a scientific, operating framework that requires improvising on the part of
the investigator.
Criminal Investigation is an Art – based on intuition, felicity of inspiration or by chance; and a
Science – based on adequate professional preparation and abundance of certain qualities
1.Police Power
● Power of the state to prosecute crime
● Power to promote the general welfare and public interest
Basic limitations of Police Power: due process and equal protection
- motive is not the element of a crime it is applicable only if there is doubt in the identity of a perpetrator under
RPC
- Motive is immaterial and does not preclude conviction, but for the purpose of attaining the objective of the
Confidential Informant, it is relevant.
DUE PROCESS OF LAW - it hears before it condemns, which proceeds upon inquiry and renders judgment only
after trial.
Substantive Due Process - It requires the intrinsic validity of the law in interfering with the rights of the
person to his life, liberty, or property
- Laws
- Bill of rights
- Miranda Doctrine 1966 – Miranda vs. Arizona. Established the rights of a person under custodial
Investigation. Failure to inform the rights of a person.
- Statutory right
- It must be noted that the elements of every crime should be considered as they will guide investigators
regarding the proper charge that should be brought before the prosecution office.
Procedural Due Process - It consists of the two basic rights of notice and hearing, as well as the guarantee of
being heard by an impartial and competent tribunal
- Ex. to be informed of the nature and cause of his arrest
- Remedial law
ARREST
● Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an
offense. (Rules of Court)
● Arrest; how made. — An arrest is made by an actual restraint of a person to be arrested, or by his submission
to the custody of the person making the arrest.
● No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to
a greater restraint than is necessary for his detention. (Rules of Court)
WARRANT OF ARREST
Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for execution shall
cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the
period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In
case of his failure to execute the warrant, he shall state the reasons therefor. (Rules of Court)
Method of arrest by officer by virtue of warrant. — When making an arrest by virtue of a warrant, the officer shall
inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest,
except when he flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such
information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable. (Rules of
Court)
WARRANTLESS ARREST
Arrest without warrant; WHEN LAWFUL. — A peace officer or a private person may, without a warrant, arrest a
person.
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit
an offense; (Inflagrante Delicto)
(b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has committed it; and (Hot Pursuit)
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred
from one confinement to another. (Escapee)
In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to
the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. (Rules of
Court)
Method of arrest by officer without warrant. — When making an arrest without a warrant, the officer shall inform
the person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the
commission of an offense, is pursued immediately after its commission, has escaped, flees or forcibly resists before
the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. (Rules of
Court)
COURT where application for search warrant shall be filed. — An application for search warrant shall be filed with
the following:
a) Any court within whose territorial jurisdiction a crime was committed.
b) For compelling reasons stated in the application, any court within the judicial region where the crime was
committed if the place of the commission of the crime is known, or any court within the judicial region where the
warrant shall be enforced.
However, if the criminal action has already been filed, the application shall only be made in the court where the
criminal action is pending. (Rules of Court)
Personal property to be seized— A search warrant may be issued for the search and seizure of personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense (Rules of Court)
Warrantless Search
Search incident to lawful arrest. — A person lawfully arrested may be searched for dangerous weapons or anything
which may have been used or constitute proof in the commission of an offense without a search warrant. (Rules of
Court)
Custodial Investigation
the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to
have committed, without prejudice to the liability of the "inviting" officer for any violation of law. (RA 7438)
Deposition - a witness’ sworn out-of-court testimony. It is used to gather information as part of the discovery process
and, in limited circumstances, may be used at trial.
Admission (fact) - The term “admission” embraces any statement of fact made by a party which is against his interest
or unfavorable to the conclusion for which he contends or inconsistent with the facts alleged by him.
Confession (guilty) - a statement in which a person acknowledges that he is guilty of committing one or more crimes.
Extrajudicial confession means an admission made in proceedings outside court.
DETENTION
Arbitrary detention begins not merely from the moment a person is locked up in a prison cell but from the moment
such a person is deprived of his liberty without legal grounds. And it ends only when such a person is absolutely freed
from any restraint on his person.
After the filing of the complaint or information in court without a preliminary investigation, the accused may,
within five (5) days from the time he learns of its filing, ask for a preliminary investigation with the same right to
adduce evidence in his defense as provided in this Rule. (7a; sec. 2, R.A. No. 7438)
Methods of Identification
a. Verbal description
b. Photographic files (Rogues Gallery)
c. General Photograph
d. Cartographic Sketch
2. Interview/Interrogation
Interview (simple) - Is a conversation with a purpose, motivated by a desire to obtain certain information from the
person being interviewed as to what was done, seen, felt, heard, tasted, smell or known.
Interrogation (with force) - is a forceful/rigid questioning of a person suspected of having committed an offense or a
person who is reluctant to make full disclosure of information in his possession which is pertinent to the investigation.
Rules to be observed in questioning
a. One question at a time
b. Avoiding implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)
f. Positive attitude
The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person.
Expert Witness - he opinion of a witness on a matter requiring special knowledge, skill, experience or training
which he shown to possess, may be received in evidence
3. Instrumentation
Ways of identifying the criminals
● By confession and admission
● Eyewitness
● Circumstantial evidence
● Associative evidence
Physical Evidence (indirect)- these are the articles and materials which are found in connection with the
investigation and aid in establishing the identity of the suspect.
Corpus Delicti - Latin for the “body of the crime” It is the legal term used to describe/physical/or material evidence
that a crime has been committed
Associative Evidence - These are the pieces of evidence that will link the suspect to the crime scene.
Tracing Evidence (direct)- refers to evidence that is transferred from one person to another person or place.
Forensic Science - this is done through the aid of the expertise of different forensic services such as DNA,
Fingerprint, Odontology and the like.
Electronic Evidence
These Rules shall apply to all civil actions and proceedings, as well as quasi-judicial and administrative cases.
Electronic documents as functional equivalent of paper-based documents.
Admissibility. – An electronic document is admissible in evidence if it complies with the rules on admissibility
prescribed by the Rules of Court and related laws and is authenticated in the manner prescribed by these Rules-Rule
on Electronic Evidence
Section 2. Manner of authentication. – Before any private electronic document offered as authentic is received in
evidence, its authenticity must be proved by any of the following means:
(a) by evidence that it had been digitally signed by the person purported to have signed the same;
(b) by evidence that other appropriate security procedures or devices as may be authorized by the Supreme Court or
by law for authentication of electronic documents were applied to the document; or
(c) by other evidence showing its integrity and reliability to the satisfaction of the judge.
Section 3. Proof of electronically notarized document. – A document electronically notarized in accordance with
the rules promulgated by the Supreme Court shall be considered as a public document and proved as a notarial
document under the Rules of Court.
CRIME SCENE RECONSTRUCTION
Scientific ability of investigators to make useful observations of physical evidence in the crime scene through a
logical approach in theorizing as to how the crime was committed.
Stages:
- Appreciation
- Comparison
- Individualization
- Reconstruction
Modus Operandi - otherwise known as Method of Operation, refers to the manner and methods employed or used
as well as the sequence of various actions taken by the perpetrator in committing the crime.
Crime Scene Processing: Phase
1. Approach the crime scene
2. Secure and protect the crime scene
3. Preliminary survey of the crime scene
4. Narrative description of the crime scene
5. Photographing the crime scene
6. Sketching the crime scene
7. Evaluation of fingerprint evidence
8. Evaluation of physical evidence and clue material
9. Detailed crime scene search
10. Collection, recording, marking and preservation of physical evidence and clue material.
11. Final survey, and turnover of authority to the Officer In Charge of the case.
12. Release of the crime scene.
Chain of Custody – tracking record beginning with detailed scene notes that describe where the evidence was
received or collected.
Method of search
A. Strip - the searchers will proceed at the same pace along the path parallel to one side of the rectangle.
B. Spiral - the searchers will follow each other in the path of a spiral, beginning in the outside and spiraling towards
the center. Clockwise/counter clockwise.
C. Zone- the area to be searched is divided into four quadrants and each searcher is assigned to one quadrant.
D. Wheel- for area to be searched approximately circular or oval
E. Point to point- searcher will stand in a straight line and move forward together.
SKETCH
Kinds of sketch
a. Locality - give a picture of the scene, the crime and its environs, including neighboring buildings, roads, etc.
b. Ground - picture of the scene of the crime with its nearest physical surrounding
c. Details - the immediate scene only
d. Exploded/ cross projection - gives the clear impression of the scene in cases where blood stains or bullet holes
are found
Elements of Sketch
- Measurement
- Compass direction
- Essential items
- Scale and proportion
- Legend
- Title
Types of Measurements
- Rectangular coordinates method
- Triangulation method
- Baseline method
- Compass point method
- Cross projection method
PHOTOGRAPH
TYPES OF PHOTOGRAPHS
Overall photographs - The camera should be carried clockwise until at least 4 general view photographs have been
taken.
Photographs of the deceased - The relationship of the body to the surrounding furniture.
Photographing of articles of Evidence Various objects will appear to have direct relation to crime.
2 photographs are needed for a significant object which is less than six inches in length. Close range, and
Approximately six feet from the object.
Special techniques – Photomacrography, photomicrography, are examples of special techniques employed in crime
scene recording.
Photomacrography – taking a magnified (enlarge) photograph of small object by attaching an extended
tube lens (macro lens) to the camera.
Photomicrography – taking a magnified photograph of small object through attaching a camera to the
ocular of a compound microscope so as to show a minute detail of the physical evidence.
Photographing the environs - Contiguous areas which may have been used in approach, pursuit, flight or struggle
should be considered as part of the crime scene. Therefore, be accorded appropriate attention.
Photographing the body after removal
INTELLIGENCE
Information (raw data)- it is an evaluated material of every description including those derived from observation,
reports, rumors, imagery and other sources from which the intelligence is derived.
Intelligence - refers to collated, analyzed and evaluated information appropriately acquired for particular purposes,
also covers a wide range of areas in its application, such as Military Intelligence, Police Intelligence, Departmental
Intelligence
Cyber Intelligence - the tracking, analyzing, and countering of digital security threats.
Cryptography – is the art and science of making, devising and protecting codes and ciphers.
Cipher - is code or secret message which takes the form of an innocent text.
Crypt - is something hide or conceal
Cryptanalysis - A method of intelligence operation wherein coded messages is analyzed by experts.
Stakeout – a process wherein a part of the surveillant group clandestinely positions him in advantageous and fixed
position to clearly monitor and observe the subject and his activities. fixed surveillance
Tailing or Shadowing (secret) - is the act of following a person
Casing – is a reconnaissance or surveillance of building or places to determine its suitability for intelligence use
PRINCIPLE OF INTELLIGENCE
Principles are fundamental guides to action, broad statements of truth from which others are derived.
Objectivity – only the well guided succeed. A basic intelligence concept that there be unity between knowledge and
action. Action and decision are planned by knowledge and guided by it at every step.
Interdependence – intelligence is artificially subdivided into component elements to ensure complete coverage,
eliminate duplication and to reduce the overall task or manageable sizes; possesses a precise interrelationship.
Continuity – intelligence must be continuous so that the shape of what happens today could be studied of what was
happened before to enable us to predict the shape of things to come.
Communication – intelligence must be communicated to all decision makers in the manner that they will understand
for its most effective use.
Usefulness – must be shared and told well and must be convincing as to the facts and its significance must be shown.
Selection – it involves plowing through a maze of information for the purpose of picking the most promising of a
multitude of leads.
Timeliness – must be communicated to the decision maker at the appropriate time to permit its most effective use.
Security – is achieved by the measures which intelligence takes to protect and preserve the integrity of its activities.
Intelligence Cycle
- It is a cycle because the process which keeps on going every time there is an intelligence requirement.
It consists of four phases, namely;
Planning or collection effort. The principle in planning or the collection effort is based on the collecting agency’s
capability. This is to ensure that the coordinated search for information sought may be obtained to govern the future
conduct of the unit.
Collection of Information – is the procurement of information of which most of the vital factor is access of either the
agents or informants to the desired facts without arousing the attention of the subject or those given the task to protect
them.
Police Routine Activities – which are good source of information.
Patrol, Community relations programs, Informants, Checkpoints, Criminal investigation, Surveillance
operations
METHODS OF COLLECTION OF INFORMATION:
Covert method – is a clandestine (done secretively) means of obtaining information, these include the following
activities:
● Infiltration – gradual penetration into enemy domain and territory
● Surveillance – using satellite, photo, audio electronic gadgets and advance communications systems.
● Elicitation – it is made through interview, interrogation and instrumentation.
Overt method – is an open obtaining of information through government records, census and statistics, residential,
commercial business listings, and other available materials.
PROCESSING OF INFORMATION
is the process, through which information is managed, can increased our knowledge of a particular problem and
situation, and results in preventive and informed public policy.
- It is a step by which intelligence is transformed from raw facts or materials to intelligence data.
It Involves Three Processes;
Collation would entail the recording or organization of raw materials so that they may be readily compared to
other items.
Evaluation refers to the examination of raw materials in order to determine its reliability, credibility and
relevance to police operations. These include the following considerations;
- Is the source reliable?
- Is it needed for immediate or future purpose?
- Is it confirmed and collaborated by the source?
- In case of variance, what information is most likely correct?
Interpretation is the determination of the significance of the intelligence data in relation to the other data at hand
in order to draw conclusions. These includes
- Analysis is done by shifting and sorting of all available intelligence materials
- Integration is the combination of all analyzed data to form a logical picture or theory.
- Deduction is the formulation of conclusion from theories as a result of integration.
SURVEILLANCE
Is the designated or secret observation of places, persons and vehicles for the purpose of obtaining
information concerning the identities or activities of the subject.
CATEGORIES OF SURVEILLANCE
1. Loose Surveillance - also known as discreet surveillance. Observation of the subject or object is not continuous.
It may be called off when the subject becomes suspicious.
2. Close Surveillance - Continuous observation of the subject is maintained at all times, even if he appears to
become suspicious.
3. Combination of Loose and Close Surveillance -Circumstances which usually depend on a specific act of the
subject may necessitate a change from a loose surveillance to a close surveillance without prior notice.
METHODS OF SURVEILLANCE
1. Moving Surveillance - a moving surveillance is conducted when the person, object or activity being watched
moves from one place to another. In this situation, the surveillant actually follows the subject of interest.
2.Fixed Surveillance - is conducted when the person, object or activity being watched is not expected to move from
one area. The surveillant may, however, move from one vantage point to another on the immediate area
TECHNIQUES OF SURVEILLANCE
1. Foot Surveillance - employs the use of a single, or more than one surveillant where the surveillant and the subject
travel on foot and the surveillant has to shadow him or tail for the rest of the operation.
One-Man Surveillance
Two-man or “AB” Surveillance
Three-man or “ABC” Surveillance
Leapfrog Surveillance - Two or more surveillant are used to conduct this technique. This is a variation of the “AB”
and “ABC” methods. It is simple to execute and greatly reduces the chances of the subject recognizing the
surveillance.
Progressive Surveillance - This is used when extreme caution is necessary. It can be presupposed by the
surveillants that the subject will resort to every method to elude possible surveillance. It is a slow technique and
limited to subjects who follow habitual daily routines.
2. Vehicle Surveillance - may involve the use of one or more automobiles, or other conveyances normal to the
area.
One Vehicle Technique - one vehicle follows the subject alone to observe his movements and to stay far enough to
avoid ready detection.
Two Vehicle Technique - one vehicle follows the subject at a varying distance and another on a parallel street. The
two vehicles can exchange place from time to time.
Four Vehicle Techniques - provides greater flexibility than the two-vehicle technique. The “eye ball” keeps track of
the subject while another vehicle follows the “eye ball”.
Undercover Operation (work or roping) – it is a form of investigation in which the investigator assumes a different
and unofficial identity in order to obtain information.
- Natural
- Artificial Cover
Source of Information - is the application of various sources of information in connection with the criminal
investigation.