CHAPTER 1
INTRODUCTION
FUNDAMENTAL OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Learning Objective
At the end of this chapter, the student will be
able to:
⦿
Describe the origins of criminal
investigation
during
the
Industrial
Revolution.
⦿
Explain how science and technology
began to influence crime detection during
the nineteenth century.
⦿
Enumerate individuals who made
specific contributions to the development in
the field of forensic science.
Crime takes place in almost any form
everywhere and affects everyone in some way.
When victims are assaulted or when perpetrators
are apprehended, these individuals suffer
together with their families and loved ones. When
violent incidents occur in communities, residents
feel the threat of danger. When crimes affect
businesses, owners raise the prices of goods and
services, thereby passing the costs of their losses
to customers. High crime rates affect public
safety and the country's economy.
According to the Philippine National Police
(PNP), a total of 1,033,833 crimes were reported
in 2013 (Corrales, 2014). It is the responsibility of
the police to investigate these incidents in order
to solve the crime, give justice to the victims, and
restore peace and order. To effectively accomplish
this, a police officer must be brave, patient,
dedicated, objective, inquisitive and imaginative.
He or she must be results-oriented and able to
embrace change, tough assignments and new
challenges.
Criminal investigation is a complex and
sophisticated field. It involves a variety of
methods such as questioning witnesses and
possible suspects, searching the crime scene for
physical evidence, using forensic science and
modern technology to evaluate evidence,
sharing information with other law enforcement
agencies, and/ or enlisting the aid of informants
or the general public in ongoing investigations.
It combines art and science, and involves
probing several different fields at once.
Origins of Criminal Investigation
The roots of criminal investigation can be
traced back to the early times in Asia and the
Middle East, where government agents used
torture and other means to identify criminals.
During England's Industrial Revolution, populations
of peasants from the countryside trooped to larger
towns and cities, resulting in increasing number of
crimes. Law enforcement officials were forced to
recruit thief catchers (some of which were
mercenaries themselves) to aid in locating
criminals. In 18th century England, for example,
Jonathan Wild operated simultaneously as a law
enforcer for London's authorities and as a criminal
in its underworld. While operating a brothel for
thieves and cut-throats and receiving stolen
property, he served as an undercover operative
acting as a middleman who restored lost property
(Osterburg & Ward, 2010).
The earliest police force in England was
first established in 1253 and lasted until 1829.
These constables who worked only at night were
first known as the "Watch of England," then later
as the "Old Charleys." In the 1750's, the novelist
Henry Fielding was appointed as Chief
Magistrate. He subsequently appointed parish
constables who became successful thief takers
and later became known in the 1750's as the
"Bow Street Hunters". It was the first well-known
investigative body in England (Lyman, 2011).
The Bow Street Runners offered a more
coordinated and structured approach to policing,
although their methods of investigation and
detection remained similar to those of the craft
practiced by the entrepreneurial thief-taker. They
used a suspect-centered method of detection
remained similar to those of the craft practiced by
the entrepreneurial thief- taker. They used a
suspect-centered method of detection, which
involved the rapid pursuit and arrest of suspects with
the helps of witnesses and informants. To this day,
the use of informants remains central to detective
work.
Henry Fielding also introduced new approaches
to investigation such as proactive raids and
newspaper advertisements to encourage victims
of robbery to come forward and identify the
suspects in custody. A criminal records office was
also established containing details of the
activities of the Runners. The use of such
proactive strategies and the compilation and
storage of intelligence reflect the Runners'
scientific approaches to investigation (Tong,
Bryant, & Horvath, 2009).
In 1829, Sir Robert Peel founded the London
Metropolitan Police Department as the world's first
paid and full-time police force. They replaced the old
constables and the Bow Street Runners who had
ultimately gained a reputation for incompetency and
inefficiency. These officers were dubbed as Bobbies
and were required to meet rigid standards of
professionalism, including minimum weight and
height requirements and standards of literacy and
character (Lyman, 2011).
The prevention of crime was its primary task.
However, the substantial increase in public
service detectives was marked with suspicions of
incompetence and corruption. For a long time
since then, the challenge for the police has
consistently involved corruption and the
reluctance to put premium on education and
training. (Tong, Bryant, & Horvath 2009).
By the nineteenth century, technology in
crime detection began to flourish with the
creation of a personal identification system by
Alphonse Bertillon. In the mid-1840's, the study
of fingerprint patterns became a popular means
to identify suspects in crime (Lyman, 2011).
In 1892 England, Sir Francis Galton published
Fingerprints, a landmark book that led to the
identification of criminals based on fingerprint
evidence found at the crime scene. Other
scientific developments were applied to the
examination of physical evidence, including the
use of comparison microscopes, bloodstain
analysis and firearms identification. This idea to
the establishment of the first police laboratory
by Edmond Locard in 1910 in Lyon, France. The
expansion of crime laboratories in other large
cities were slow, but was later coupled with the
creation of university programs in criminalistics
(Osterburg & Ward, 2010).
By this time, police departments have become
formally organized, and the use of informants in
criminal investigation has been supple mended by
interrogations and other methods to secure
confessions. The term "third degree" has thus
been employed to characterize the then widely
used extraction of confessions accompanied by
route force. Eventually, however, third degree
interrogations were banned by the United States
Supreme Court in the 1890s on the ground that it
violated the Eight Amendment of the US
Constitution disallowing excessive bails, excessive
fines as well as tortures.
Moreover, the potential offered by the application
of science to the examination of physical evidence
also contributed to the decreasing popularity of
third degree interrogations (Osterburg & Ward,
2010).
One significant development in the field of
criminal investigation in the United States is the
establishment of the Federal Bureau of
Investigation (FBI) in 1924. Today, the FBI is one
of many federal investigative agencies that has
made great strides in professionalizing the field of
criminal investigation (Lyman, 2011).
History and Development of Forensic
Science
The study of criminal investigation involves
fundamental understanding of forensic science,
which can be broadly defined as the application
of science to law. This section touches on the
development of the field.
The Scottish physician and writer Sir Arthur
Conan Doyle who popularized scientific crimedetection methods through his fictional
character 'Sherlock Holmes'. As early as 1887,
when the first Sherlock Holmes novel A Study in
Scarlet was published.
Doyle had the uncanny ability to describe
scientific methods of detection, such as forensic
serology, years before they were actually
discovered and implemented. Doyle also applied
other detection methods such as fingerprinting,
firearms identification and questioned document
examination long before their value was first
recognized and accepted by real-life criminal
investigators, thereby exciting the imagination of
an emerging generation of forensic specialists
Although increased awareness can be attributed
to those who recognized forensic techniques and
principles in literary works of fiction and television
shows, the field of forensic science primarily
owes its origins to those who actually developed
its principles and techniques. Below is a list of
individuals who made specific contributions to
make the field a coherent discipline that could be
practically applied to the criminal justice system
(Saferstein,2011,pp. 6,8).
Mathieu Orfila (1787-1853)
⦿
Father of forensic toxicology
⦿
Published the first scientific treatise on the
detection of poisons and their effects on
animals in 1814, thereby establishing forensic
toxicology as a legitimate scientific endeavor.
Alphonse Bertillon (1853-1914)
⦿
Father of criminal identification; devised the
first scientific system of personal identification.
⦿
1879 - Began to develop the science of
anthropometry, a systematic procedure taking
a series of body measurements as a means of
distinguishing one individual from another; this
system was considered the most accurate
method but was eventually replaced by
fingerprinting in the early 1900s.
Francis Galton (1822-1911)
⦿
Undertook the first definitive study of
fingerprints and developed a methodology of
classifying them for filing.
1892- Published the book Finger Prints ,which
contained the first statistical proof supporting
the uniqueness of his method of personal
identification.
⦿ Continued to describe the basic principles
that form the present system of identification
by fingerprints.
⦿
Leone Lattes (1887-1954)
⦿
In 1915, he devised a relatively simple
procedure for determining the blood group of
a dried bloodstain, a technique immediately
applied to criminal investigations and often
used by forensic scientists to this day.
Calvin Goddard (1891-1955)
⦿
To determine whether or not a particular
gun has been fired, a bullet requires
comparison of the bullet with one that has
been test-fired from the subject's weapon.
Calvin Goddard, a U.S. Army colonel, refined
the techniques of such an examination by
using the comparison microscope. Goddard's
extra expertise established the comparison
microscope as an indispensable tool of the
modern firearms examiners.
Albert S. Osborn (1858-1946)
⦿
Developed the fundamental principles of
document examination
⦿
Responsible for the acceptance of
documents as scientific evidence by the
courts
⦿
1910-Authored the first significant text in
the field entitled Questioned Documents,
which is still considered a primary reference
for document examiners.
Hans Gross (1847-1915)
⦿
In 1893, he published Handbuch für
Untersuchungsrichter
als
System
der
Kriminalistik (later published in English under
the title Criminal Investigation); the first treatise
describing the application of scientific disciplines
to the field of criminal investigation; detailed
the assistance that investigators could expect
from the fields of microscopy, chemistry,
physics,
mineralogy,
zoology,
botany,
anthropometry and fingerprinting
⦿
The Founder of Criminalistics and widely
regarded as the father of criminal investigation.
Edmond Locard (1877-1966)
⦿
In 1910, he started the first police
laboratory with only two attic rooms, two
assistants and two instruments, a microscope
and a rudimentary spectrometer
⦿
Strongly believed that every criminal can be
connected to a crime by dust particles carried
from the crime scene, and hence formulated
the basic principle in forensic science known
as "Locard's Exchange Principle," which states
that whenever two objects come into contact
with one another, there is exchange of
materials between them
⦿
Research works and accomplishments
later became known throughout the world
by forensic scientists and criminal
investigators, and served as an impetus for
the formation of police laboratories in
Vienna, Berlin, Sweden. Finland and
Holland (modern-day Netherlands).
CHAPTER 2
BASIC PRINCIPLES OF INVESTIGATION
Learning Objectives
At the end of this chapter, the student will be able to:
• Define investigation
• Enumerate the six cardinal points of investigation
• Explain whether criminal investigation is an art or a
science
• Enumerate and explain the objectives and goals of
criminal investigation
• Enumerate the phases of investigation
• Explain "The Golden Hour" in crime investigation
• Enumerate the responsibilities of a criminal
investigator
• Identify essential qualities of an effective criminal
investigator
• Enumerate the tools of investigation and the basic
equipment of the investigator
• Explain the protocols to be observed when
conducting an investigation
What is Investigation?
The
PNP
Criminal
Investigation
Manual
defines
investigation as the process of inquiring, eliciting,
soliciting and getting vital information, facts and
circumstances in order to establish the truth. Criminal
investigation is therefore the collection of facts in
order to accomplish the three-fold aim: (a) to identify
the guilty party, (b) to locate the guilty party, and (c) to
provide evidence of the suspect's guilt (PNP, 2011).
Criminal investigation is considered a reconstructive
process. It uses the logical process of deductive
reasoning in which a conclusion follows from specific
facts. Criminal investigators establish proof that a
suspect is guilty of an offense based on specific pieces
of evidence (Hess & Orthmann, 2010).
The investigative process involves the gathering and
evaluation information and evidence. Both are essential
in order to understand the connection between the
crime, its victim and perpetrator, and the pieces of
evidence. The investigator must seek to establish the
following six cardinal points of investigation.
1. What specific offense has been committed? This
refers to the specific violation of criminal law.
2. When was the offense committed? The time and date
of the commission of the offense should be established.
3. Where was the offense committed? This refers to the
place or location of the commission of the offense.
4. Who committed the offense? This refers to the
identity of the person or group of persons who
committed the offense.
5. Why was it committed? This refers to the motive for
the commission of the offense.
6. How was it committed? This refers to the means and
manner in which the offense was committed.
These cardinal points of investigation are anchored on
the theory of crime, which involves three interdependent
factors, namely, the motive, the opportunity and the
means.
Motive is defined as the reason which pushes a person
to commit an act with a definite result in mind. It is not
an element of a crime but may be useful when the
identity of the offender is unknown.
Opportunity refers to the chance or occasion to
commit the crime.
The Means is the capability of a person to commit a
crime using available tools at their disposal.
Even if an individual has the motive but doesn't have the
means and the opportunity, he or she cannot
consummate a crime. These three things are
interdependent, and the absence of one would not result
into a crime.
Is Investigation an Art or a Science?
Criminal investigation can be considered both an art and
a science. It is considered a science because as gatherer
of facts, the detective must develop hypotheses and
draw conclusions based on available information. The
investigative process involves a comprehensive activity
involving
information
collection,
crime
scene
management, investigative interviewing, informant
handling, offender profiling. the application of logic, the
exercise of sound reasoning, and other scientific
approaches (Sennewald & Tsukayama, 2006).
There is also an art in criminal investigation, especially
evident to experienced detectives who demonstrate
brilliant insight and intuition, and do not rely merely on
theories taught in classrooms and books. The art in
detective work involves intuition and instinct regarding
problem solving. It can be seen in the detective's ability
to separate the false from the genuine and identify
effective and creative lines of inquiry. An investigator
practices the art of detective work by reading the
behavior, motivation and strategies of those who commit
or witness a crime. Beyond academic degrees,
specialized training or book learning, it means being able
to "read the street" (Tong, Bryant, & Horvath, 2009).
Objectives of Criminal Investigation
The true objective of criminal investigation is the
conviction of the participants and the ending of criminal
activity (Kilfeather, 2011). However, due to the changing
nature of such activities, this goal becomes more
complex. The objectives of criminal investigation are
more clearly enumerated below (Kilfeather, 2011).
1. To detect crime
2. To locate and identify suspects in crimes
3. To arrest suspects in crimes
4. To recover stolen property
5. To prepare sound criminal cases for prosecution
These objectives are based on the premise that
perpetrators make mistakes when committing crimes,
thus leaving some type of evidence of who they are.
Due to carelessness, panic, underestimation of police
capabilities, emotional or mental instability or the
influence of drugs or alcohol may result in criminals
leaving evidence that could connect them with the crime
scene. For example, a burglar might leave a pen, paper
or broken glass; a murderer might leave a knife or a gun
along with fingerprints and clothing fibers; or a rapist
might leave skin tissue, semen, or blood. Less visible
evidence such as fingerprints, small particles of glass or
dirt, a faint footprint, body hairs or clothing fibers are
called trace evidence (Lyman, 2011; and Hess &
Orthmann, 2010).
There are also instances when little or no evidence
exists, making the investigation seem unsolvable. A
careful burglar may have worn gloves to keep himself
from leaving fingerprints; hard rain may have
compromised physical evidence in an open crime scene;
fingerprints may have been found out but cannot be
matched with prints on file; or no informants or
witnesses can provide leads. such cases can be
recognized as unsolvable, but only after all leads have
been exhausted. A successful investigation is therefore
one in which (Hess & Orthmann, 2010, p.8):
•
•
•
•
•
•
A logical sequence is followed.
All physical evidence is legally obtained.
All witnesses are effectively interviewed.
All suspects are legally and effectively interrogated.
All leads are thoroughly developed.
All details of the case are accurately and completely
recorded and reported.
The Phases of Investigation
In relation to the above objectives of criminal
investigation, the PNP Criminal Investigation Manual
enumerates the following phases i gathering all facts
(PNP, 2011).
Phase I: Identify the suspects through:
1. Confession - admission of the suspect on the offense
committed; an excellent means of identification; It may
come in judicial, extra-judicial, involuntary and voluntary
types
2. Eyewitness made by several objective persons who
are familiar with the appearance of the suspect who
personally witnessed the commission of the offense and
who have personal knowledge of what happened
3. Circumstantial Evidence established directly by
proving other facts or circumstances from which either
alone or in connection with other facts, the identity of
the perpetrator may be established
4. Associate Evidence - links a suspect with a crime
Phase II: Locate and apprehend suspects
The crime perpetrator may not operate near his
residence hence his flight from the scene is merely a
return home, unless he is recognized during the
commission of the offense.
Phase III: Gather and provide evidence to
establish the guilt of the accused.
• The investigator must be competent in finding
relevant evidence.
• In criminal cases, physical evidence can be found at
the crime scene, with the victim and from the
perpetrator and their environment. Appreciation of
forensic science is vital.
In proving the guilt of the accused in court, the fact of
the existence of the crime must be established; the
accused must be identified and associated with the
crime scene; competent and credible witnesses must be
available; and the physical evidence must be
appropriately identified and the investigator must know
by heart the elements of a specific crime.
The Golden Hour in Crime Investigation
"The Golden Hour" in crime investigation refers to the
first 72 hours of a murder or kidnapping/abduction
investigation (PNP, 2011). Actions undertaken at this
period deal with the initial response to a crime scene
and the initial investigation undertaken, including the
conduct of interviews and profiling. It is the most crucial
time for the investigator to collect vital evidence and
information.
The actions of the police in solving the crime in this
critical time mostly cited as one of the weaknesses
within the investigative procedure which is prone to
error mostly in the response in terms of crime so and
evidence protection and evidence collection.
The Criminal Investigator
The PNP Criminal Investigation Manual defines a
criminal investigator as a public safety officer who is
tasked to conduct the investigation of all criminal cases
as provided for and embodies under the Revised Penal
Code/Criminal Laws and Special Law which are criminal
in nature. He or she is a well- trained, disciplined as
experienced professional in the field of criminal
investigation duties and responsibilities (PNP, 2011).
Responsibilities of the Criminal Investigator
In essence, the responsibilities of the investigator
include the following (Osterburg & Ward, 2010, pp. 5-6):
1. Determine whether a crime has been committed.
2. Decide if the crime was committed within the
investigator's jurisdiction.
3. Discover all facts pertaining to the complaint.
a. Gather and preserve physical evidence.
b. Develop and follow up all clues.
4. Recover stolen property.
5. Identify the perpetrator or eliminate a suspect as the
perpetrator
Cases in criminal investigations are normally assigned by
a criminal investigation chief or supervisor, or through
rotation in shifting basis. These assignments are usually
based on investigative expertise (such as violent crimes
of murder, homicide, abduction, sexual assault. violence
against women and children, bombing, robbery, theft,
fraud, etc.), case load, and/or area of responsibility.
It is the responsibility of the investigator to address
every step of the investigation in a manner that the legal
system will support. Once the investigator receives a
case for investigation, he or she becomes personally
responsible for the following:
• Becoming thoroughly familiar with the initial report
and determining what leads have been identified and
what activities might produce additional leads
• Profiling of the suspect and victim in terms of
affiliation, occupation, nationality and criminal
background, through dwelling, search, seizure and
analysis of records, computer and mobile phone
exploitation, CCTV footages, family and friends, and
collection of information from other authorities
• Evaluating pieces of evidence collected in the case and
what exploitation should be done
• Coordinating with other groups of crime responders
and other agencies in order to determine if there is
any additional information that may not be reflected in
the initial report, and to help clarify information
contained in the initial report
• Determining whether surveillance needs to be
conducted
• Identifying the modus operandi (MO) and attempting
to associate it with other reported 'cases with the end
goal of identifying a suspect
• Evaluating the legal significance of any victim and
witness statements, and determining which individuals
need to be re-interviewed
• Collecting additional evidence that may have been
overlooked during the preliminary investigation
Attempting to identify and arrest a suspect based on a
review of all of the facts, circumstances, statements
and evidence connected with the case
Essential Qualities of an Effective Criminal
Investigator
Other than being adequately prepared, an effective
criminal investigator must possess and develop certain
essential qualities such as the following:
1. Team Player - Effective investigators are good team
players. They are willing to share information,
knowledge, and experience. They take the initiative to
keep other team members informed of the development
of their case.
2. Communication Skills - An investigator must be
thoroughly skilled in both oral and written
communication in order to obtain all information from a
witness or obtain a confession from a suspect. Intuition
is sometimes described as a "sixth sense" police officers
develop, which frequently results in "hunches"
concerning how a crime was committed or by whom
and/or where and when the next one will occur. Intuition
is not something that can be taught, but is instead
something the an investigator develops with time and
experience. Drawing on experiences and training, the
investigator forms a subconscious thought process that
is frequently hard for someone outside the profession to
understand or clearly define.
3. Street knowledge - A criminal investigator should
be knowledgeable of the environment and demographic
profile of his environment as this is a source of
information which is al material tool for an effective
investigative planning.
4. Observation Skills - A criminal investigator will
often see things in a different light than the ordinary
person. Drawing on training and experience, the
investigator will frequently notice clues that would not
be noticeable to just anyone. The investigator will
routinely note subtle details about an individual that
would normally go unnoticed. This is a skill that can be
developed with time and practice. This same type of
training can be employed personally, simply by
concentrating
on
details
and
practicing
this
concentration consistently.
5. Self-Discipline - A high degree of self-discipline
guides the investigator's behavior to ensure that only
legally acceptable and ethical methods of investigation
are utilized to solve cases. A successful investigator is
always alert, gives attention to detail, and never leaves
anything to chance that might jeopardize the successful
prosecution of the case.
6. Reasoning Ability - The investigator should have
the ability to draw a conclusion on the suspects and
their MO's based on evidence discovered in the course of
an officers, especially new officers. are told not to
include opinions in their reports. However, criminal
investigators are, by the nature of their job, required to
develop opinions. should realize or admit that his or her
bias can influence their course of action.
7. Stability Under Pressure - An investigator should
be able to handle pressure from his superiors, victims
and their families, the media, and other anti-organized
crime community watch groups.
8. Organizational Abilities - The nature of
investigative work demands that the investigator
possess and practice some form of organization of
information. This information includes written reports,
witness statements, photographs, past MO's, crime
reports and crime analysis information. All of these
details must be organized in a useable form in order to
allow the investigator to fully utilize the information.
Likewise, this organization must carry over into the final
investigative report in order to allow the prosecutor to
follow and understand the case. Lastly, at trial, the
investigator must be able to convey all of these pieces of
information in an understandable chronological
sequence in order for the court to reach the same level
of understanding and conclusions as the investigators.
This trait can also be developed and is often enhanced
through the supervisory skills of the investigator's
superior officer.
9. Persistence - A good criminal investigator is
persistent and does not readily accept an answer that
does not fit the facts. This persistence frequently
outlasts the criminal and eventually a break will develop.
There will be times when the investigator is not
absolutely sure who the culprit is or if the culprit is
absolutely guilty. A good investigator seeks out the
correct answers and does not easily give up.
10. Investigative Ethics - This is the foundation upon
which an investigator's reputation and credibility is built,
which also affects the entire organization. An
investigator must always perform his or her job in a
professional and ethical manner. Lying or distorting the
facts is never an acceptable practice.
11. Legal Knowledge - A successful investigator must
have a thorough working knowledge of criminal law and
a familiarity of civil law in order to be effective. Legal
restrictions must be acknowledged at all times and the
right of everyone must be consistently and habitually
protected. By understanding and correctly applying the
law, the investigator ensures that the final case will
stand at the legal test of the court. The investigator
does not want to accuse the wrong person because the
social consequences for someone who is falsely accused
can be devastating. In addition, the civil consequences
for false accusations and/or incarcerating an innocent
person can also be particularly harsh.
12. Good Understanding of Characteristics of
Human Nature
- There are certain characteristics of human nature that
a criminal investigator must appreciate in order to
conduct a quality investigation. These general principles
can be used the investigator's advantage if they
recognize what is occurring and adjust their strategy
accordingly. Some characteristics human nature are as
follows:
Personal Bias - Everyone has their own personal biases
which influence them in their everyday lives. Often, we
are unaware of the influence that our biases have on our
actions and decisions. Victims and witnesses can often
transfer their own bias or preference into an
investigation, sometimes inadvertently. A good
investigator should not be surprised when a person
gives an account which is substantially different than
other witnesses.
Lying - An investigator should not be surprised when a
witness or suspect lies during the course of
investigation. Both may have good reasons to lie, which
may include love, money, freedom, reputation,
protection or simply to maintain peace and harmony in
the family or within the circle.
Maintaining Self-Control - The investigator loses
effectiveness once his or her own emotional vulnerability
is shown to the suspect. Loss of this rapport can affect
the investigator's effort to obtain additional information
or even a confession.
Creatures of Habit - This can be a good basis for
profiling criminal offenders, being a very important
characteristic of human behavior, which may be helpful
to the investigators. Several crimes were committed in a
similar manner by the same perpetrator because of
habit. The use of modus operandi is based on this
principle.
Group Perception- A successful investigator must have a
good understanding of this human nature. People with
like backgrounds tend to see things the same because of
their
common
experiences,
age,
professional
backgrounds, education, or association.
Personal Emotions - An effective investigator does not
allow emotions to get in his or her way in the conduct of
investigation, particularly, in dealing with suspects and
witnesses. Regardless of the nature of crime and profile
of the offender, the investigator must always act in a
professional manner.
Tools of Investigation
The following are the tools of an investigator in
gathering facts, which are also commonly known as the
three I's of investigation (PNP, 2011).
1. Information
This refers to the data gathered by an investigator from
either regular or cultivated sources including the victims
themselves, and from:
a. Public records
b. Private records
c. Modus Operandi files
d. Arrest records
e. Rogue Gallery
2. Interview
This refers to the skillful questioning of suspects and
witnesses believed to possess knowledge that is of
official interest to the investigator. It includes so called
interrogations which are actually interviews that elicit
information from witnesses as well as volunteers, paid or
confidential informants.
3. Instrumentation
This refers to the use of forensic technology as a tool in
the examination of physical evidence using established
methods. The use of forensic science is material in
current trends of investigation.
Basic and Necessary Investigative Equipment of
the Investigator
A diligent investigator should ensure availability of basic
equipment and supplies before going out of the police
station to conduct an investigation. These may include
but are not limited to the following:
1. Recording instruments
a. Camera
b. Voice recorder
c. Video camera
d. Measuring device (tape measure, ruler)
e. Crime scene template
f. Evidence tags
g. Evidence markers h. Other electronic recording
gadgets
2.Personal protective equipment
a. Hand protection
b. Eye Protection
c. Foot Protection
d. Respiratory Protection
e. Head Protection
3. Preservation materials.
a. Police line
b. Evidence containers (evidence bags, boxes, glass jars,
bottles, canister, tubes, vials, etc.)
4. Fingerprint kit
5. General crime scene kit
6. Evidence collection kit
7. Documentation and investigative forms
8. Investigator's checklists and forms
Standard Methods of Recording Investigative
Data
• Photographs
• Sketching crime scenes
• Written notes (what you have seen or observed)
• Developing and lifting fingerprints found at the crime
scene
• Gathering physical evidence
• Plaster cast
• Tape recording of sounds
• Video tape recording of object Written statements of
victims and witnesses
The Investigator's Notebook
Considering the mass of information and the number of
cases that investigators are handling, it is very possible,
that they might forget some details. Many of the details
associated with the investigation, while not essential to
the report, might become points of interest to the court
when the case is brought to trial. Experienced
investigators use a notebook or tickler to record the
relevant details of the case. During trial, the court allows
investigators to consult their notes to refresh their
memory.
The data of the investigation should be recorded in a
complete, accurate, and legible fashion so that in the
event that another investigator is required to assume
responsibility for the investigation, the other investigator
can make intelligent use of the notebook.
Protocols in Investigation
In conducting an investigation, certain standards must
be followed to ensure successful prosecution of cases.
These consist of standard operating procedures,
protocols, and legal requirements of the law that must
be observed in handling criminal cases, which may result
to unsuccessful investigation if undermined. The
following are the PNP's protocols which are to be
observed when conducting an investigation (PNP, 2011).
1. Jurisdictional investigation by the territorial
unit concerned.
The police station which has territorial jurisdiction of the
area where the crime incident was committed shall
immediately undertake the necessary investigation and
processing of the crime scene, unless otherwise directed
by higher authorities for a certain case to be
investigated by other units/agencies.
2. Official police blotter
As a general rule, all crime incidents must be recorded in
the official police blotter, which is an 18" x 12" hardbound logbook that contains the daily register of all
crime incident reports, official summary of arrests and
other significant events reported in a police station. The
duty police officer shall record the nature of the incident,
detailing the "five W's and one H" (who, what, where,
when, why and how), and inform his superior officer
regarding the incident. Material details include the
nature of the action or offense, the date, time and place
of occurrence, the names of the suspects, victims and
witnesses, the facts of the case, significant
circumstances that aggravate or mitigate the event or
the crime, the identity of the officer to whom the case is
assigned, and the status of the case.
3. Investigation team and equipment
All investigators in any police unit must be a graduate of
the prescribed investigation course with a rank of at
least Police Officer 2. The investigation team is
composed of the team leader, investigator, recorder,
photographer, evidence custodian, and composite
illustrator/artist. Their equipment includes those
discussed earlier in this section.
4. Duties of the first responder
The duties and responsibilities of the first responder are
discussed in the next chapter on Crime Scene
Investigation Components and Processes.
5. Duties and responsibilities of the investigating
team
The duties and responsibilities of the investigating team
are likewise discussed in the next chapter.
6. Investigation of suspects
Protocols regarding the investigation of suspects involve
procedures when arrest is made and the booking
procedures
of the arrested person. This is discussed in detail in
Chapter 8 on Basic Criminal Procedure.
7. Taking of sworn statements of suspects
The execution of a suspect's "waiver" as stipulated in
Article 125 of the Revised Penal Code (RPC) shall always
be done in the presence of his chosen counsel or any
independent counsel.
8. Taking of sworn statements of the witnesses
The sworn statement or affidavit of the complainants
and witnesses must be taken immediately by the
investigator on-case. The affidavit of arrest of arresting
officers must be taken not later than 24 hours. In
inquest cases, the investigator-on-case and the arresting
officers shall observe Article 125 of the RPC.
9. Preparation of reports and filing of charges
The investigator-on-case shall submit the spot report
(within 24 hours), progress report, after-operation
report, final report (after the case is filed before the
court), and accomplishment report.
10. Procedure in the release of crime scene
Appropriate inventory must be made prior to the release
of a crime scene. Release is accomplished only after
completion of the final survey and proper documentation
of evidence, witnesses, victims, and suspects. If the
crime scene is within a private property it must be
released to the lawful owner witnessed by any barangay
official. If it is within a government facility it should be
released to the administrator.
11. Follow up of a case
The investigator shall conduct a police operation to
identify and apprehend suspects based on the results of
the initial investigation conducted.
12. Preparation of case investigation plan
The conduct of a police operation involving sensational
or high profile cases and heinous crimes must be
covered by a Case Investigation Plan (CIPLAN).
13. Attendance to court duties
The investigator-on-case and arresting officers shall
endeavor to ensure their attendance during court
hearings while heads of units shall supervise and ensure
the attendance of witnesses.
14. Uniform of the investigator
Prescribed uniform should be worn by investigators
when conducting investigation so as to identify them as
PNP personnel.
CHAPTER 3
CRIME SCENE INVESTIGATION COMPONENTS AND
PROCESSING
Learning
Objectives
At the end of this chapter, the student will be able to:
• Define "crime scene”
• Enumerate the essential elements of a successful crime scene
investigation
• Enumerate the responsibilities of the desk officer when a crime is
reported
• Enumerate the components of crime scene investigation and explain
their functions and responsibilities.
• Explain how a crime scene is released
• Enumerate and describe the different types of crime scenes
• Discuss the purpose and the activities involved in processing a crime
scene
A crime scene is a place or venue where the alleged crime, incident or
event has been committed (PNP, 2011). It can comprise several sites
and encompasses all areas over which victims, criminals, and
eyewitnesses move during the commission of a crime. When committing
a crime, the perpetrator may inadvertently leave evidence in the crime
scene. It is therefore important that once its position and boundaries
are defined, the scene must be made secure in order for physical
evidence to be discovered and collected (Osterburg & Ward, 2010).
A successful crime scene investigation consists of the following essential
elements (Fisher, Tilstone, & Woytowicz, 2009, p. 6).
• Protection of the scene against contamination, degradation, and loss
of evidence
• Documentation of the scene to ensure the integrity of identification of
samples and the place where they were found
• Systematic searching to ensure identification and collection of relevant
evidence
• Appropriate collection, packaging, and labeling of evidence
When a crime is reported through a phone call or a walk-in
complainant, the desk officer is tasked with the responsibility to do
the following:
1. Record important details such as the time it was reported, the
identity of the caller or walk-in complainant, the exact address, the
nature of the incident, and the contact number of the victims.
2. Take note of the brief narrative of the incident
3. Direct the nearest mobile car, beat patrol team or the nearest
police station to validate the report and act as first responder
4. Inform the investigating team on duty.
Components of Crime Scene Investigation
Crimes cannot be solved by a single individual no matter how good
he or she might be. Teams of experts are required to properly
investigate a crime scene. A senior investigating officer needs to
oversee the scene-of-crime operation team mobilized to the site. This
seam is also supervised by a crime scene supervisor or manager who
is, in turn, directing the crime scene processing according to strict
standards. Thus, investigations commonly occur within an
atmosphere of stringent accountability.
There are three components of crime scene investigation who have
specific and clear delineation of function in order to avoid confusion
at the crime scene.
1. First Responder (FR),
2. Investigator-on-Case (IOC)
3. Scene of the Crime Operation (SOCO) Team
The investigation begins upon arrival of the FR. Subsequently, a
designated IOC assumes responsibility and control over the crime
scene. The IOC conducts an assessment and requests for SOCO
assistance if necessary.
First Responder (FR)
The PNP's first responders are those mandated and expected to be
the first to respond to calls for assistance in cases of incidents or
crime. They generally refer to police officers who have jurisdiction of
the area where the incident or crime has taken place and will
proceed to the crime scene to render assistance to the victim and to
protect and secure the incident scene.
Standard operating procedures in the PNP require first responders to
perform the following functions and responsibilities in the conduct of
CSI (PNP, 2011):
1. The first police officers to arrive at the crime scene are the FRS
dispatched by the local police station that received the incident
report.
2. Immediately, the FR shall conduct a preliminary evaluation of the
crime scene. This evaluation should include the scope of the incident,
emergency services required, scene safety concerns, administration of
life-saving measures, and establishment of security and control of the
scene
3. The FR is mandated to save and preserve life by giving the necessary
first aid measures to the injured and their medical evacuation as
necessary. The FR shall likewise secure and preserve the crime scene by
cordoning off the area to prevent unauthorized entry of persons.
4. The FR shall take the "Dying Declaration" in case there are severely
injured persons. The FR shall make the initial assessment on whether a
crime has actually been committed and shall conduct the preliminary
interview of witnesses to determine what and how the crime was
committed. The requisites of a "Dying Declaration" are the following:
- That death is imminent and the declarant is conscious of that fact;
- That the declaration refers to the cause and surrounding
circumstances of such death;
- That the declaration relates to facts which the victim is competent
to testify to; and
- That the declaration is offered in a case wherein the declarant's
death is the subject of the inquiry.
5. If and when there is a suspect present in the areas, the first
responder shall arrest, detain, and remove the suspect from the
area.
6. Upon the arrival of the the FR shall turn over the crime scene to
him or her after giving a brief of the situation. The FR shall prepare
and submit the "CSI Form 1: First Responder's Form" to the IOC and
be prepared to assist the IOC in the investigation; and
7. The FR shall stay in the crime scene to assist the IOC in the
maintenance of security, crowd control, preservation of evidence,
and custody of witnesses and suspects until such time that the
investigation is .completed and temporarily turned over to the local
chief of police for the continuance of crime scene security.
Investigator-on-Case (IOC)
The investigator-on-case (IOC) refers to the duty investigator duly
assigned or designated to conduct the inquiry of the crime by
following a systematic set of procedures and methodologies for the
purpose of identifying witnesses, recovering evidence, arresting, and
prosecuting the perpetrators. The IOC shall assume full responsibility
over the crime scene during the conduct of the CSI.
Standard operating procedures in the PNP require the IOC to
perform the following functions and responsibilities in the conduct of
CSI (PNP, 2011):
1. Upon arrival at the crime scene, the IOC shall request for a
briefing from the FR and make a quick assessment of the crime.
2. At this stage, the IOC shall assume full responsibility over the
crime scene and shall conduct a thorough assessment of the scene
and inquiry into the incident. If necessary, the IOC may conduct
crime scene search outside the area where the incident happened,
employing any of the various search methods.
3. Based on the assessment, if the IOC determines that a SOCO
Team is required, he shall report the matter to the chief of police
and request for SOCO assistance. Otherwise, the IOC shall proceed
with the CSI without the SOCO Team.
4. The IOC may, by himself, conduct the CSI if the situation so
demands and if there is no crime laboratory in the area. However, the
IOC must ensure that the correct procedures in the collection of
evidence are observed to ensure admissibility of such evidence.
5. Upon the arrival of the SOCO Team, the IOC shall accomplish a
request for the conduct of SOCO and submit it to the SOCO team
leader. The SOCO team shall not enter the crime scene unless the IOC
makes the official written request wherein he assures the SOCO Team
of his presence and support.
6. The IOC shall brief the SOCO Team upon their arrival at the crime
scene and shall jointly conduct the preliminary crime scene survey.
Scene of the Crime Operation (SOCO)
The Scene of the Crime Operation (SOCO) refers to the functional capability
of the PNP Crime Laboratory performed by its trained personnel through the
recognition, methodical search, proper documentation/recording and
collection of physical evidence at the crime scene. (PNP Crime Laboratory
Revised SOCO Manual, 2014)
Standard operating procedures in the PNP require SOCO Team to perform
the following functions and responsibilities in the conduct of CSI (PNP,
2011):
2. Upon receipt of the request for the conduct of SOCO, the SOCO
Team shall then conduct the scene-of-the crime operations which
include, among others, the crime scene approach, preliminary survey,
physical evidence assessment, narrative description of the crime
scene, crime scene documentation, crime scene search, physical
evidence recording and collection, final crime scene survey, and some
other necessary post-processing procedures.
3. In case the SOCO Team needs to temporarily suspend the
processing, the chief of police shall be primarily responsible and
accountable for securing the crime scene and ensuring its integrity
until the return of SOCO Team and the conclusion of the CSI.
4. After the termination of the SOCO, the SOCO Team Leader shall
brief the IOC on the initial results and thereafter conduct the final
crime scene survey together with the IOC.
5. The SOCO Team shall accomplish the SOCO report forms and
furnish the IOC of copies of the same before leaving the crime
scene.
Although these three components of crime scene investigation have
clearly delineated functions, the territorial police also have duties at
the crime scene such as the following:
• Provide assistance in the evacuation of the injured persons to the
nearest hospital
• Provide area security
• Control the crowd at the crime scene
• Direct the flow of traffic away from the crime scene so as not to
destroy and contaminate vital evidence
• Provide security back up to the SOCO.
The actions taken by all personnel at a crime scene often determine
the success or failure of a criminal investigation. It is very important
that they clearly understand and carry out correctly the operational
procedures to ensure the survival of victims, the apprehension of
the perpetrator, and the resulting prosecution of the criminal.
Release of the Crime Scene
It is the IOC who makes the decision regarding the lifting of the security
cordon and the release of the crime scene, in consultation with the SOCO
Team Leader. The IOC must ensure that all pieces of potential evidence
have been collected by the SOCO Team; any re entry into the crime scene
after its release to the owner will require a search warrant issued by the
court.
The IOC must also ensure that appropriate inventory has been provided
by the SOCO Team and shall only lift the security cordon and release the
crime scene after completion of the documentation process. The IOC or
the chief of police shall then turn over the crime scene to the owner of
the property or, where the crime scene is a public place, to any local
person in authority. The IOC shall also accomplish and submit the
Investigator's Report with all the required attachments within two working
days from the date of incidence. The CSI Report shall be the first entry in
the case folder for the investigation of the incident.
Types of Crime Scenes
The following are different types of crime scenes according to time of
commission, location and source of evidence.
According to Time of Commission
1. Day time crime scene - from sunrise to sunset (6:00 A.M. to 6:00 P.M.)
2. Night time-from sunset to sunrise (6:00 P.M. to 6.00 A.M.)
According to Location
1. Indoor crime scenes.
• Affords the crime scene protection from weather.
• Allows investigators to take time and process the scene in a slow and
methodical manner, without concern for weather influences
2. Outdoor crime scene.
• Most vulnerable to weather condition
• Presents the most problems
3. Continuing/Mixed Crime Scene
• From indoor to outdoor or vice versa
4. Special Location
• Examples include vessel, vehicle, air plane, drum, septic tank, etc.
• The most difficult to handle because of its nature
• Mostly needs special support resources to process
According to Source of Evidence
1. Primary Crime Scene
• Investigation usually begins where the body is originally found
2. Secondary Crime Scenes
• Where the victim was confined
• Where the assault initially took place
• Route to and from primary crime scene
• Method used to transport the victim (vehicles, air plane, vessel
etc.)
• Any place where evidence is located
Crime Scene Processing
Processing a crime scene refers to the application of diligent and
careful methods by an investigator to recognize, identify, preserve,
and collect facts and items of evidentiary value that may assist in
reconstructing that which actually occurred.
Successful processing also depends upon the investigator's ability to
protect, preserve and, later, to present these evidences in a logical
manner. This requires making careful and detailed notes, sketches
and written statements; transcribing verbal statements from
witnesses and suspects; and marking and preserving collected
physical objects of evidentiary nature (PNP, 2011).
The purpose of processing the crime scene is to collect as much
information and evidence as is possible, in as pristine a condition as
possible. This evidence will serve to develop conclusions regarding
how the crime transpired, who was involved and why it was
committed. Certain sequences of procedures must be followed
because there is only one chance to do it right. There are very few
opportunities to reenter the crime scene without evidence being
altered or damaged. The mere presence of crime scene investigators
result in the adding, moving or damaging evidence in the scene as it
is processed.
Crime scene processing follows a definite procedure that involves the
following activities: assessing, observing, documenting, searching,
collecting and analyzing. Investigators should make sure to begin with
the least-intrusive methods of processing and leave the most intrusive
methods to the latter stages (Gardner, 2005).
Assessing
The crime scene technician must first assess the circumstances in
order to decide on a proper course of action. Assessment in terms of
the extent of and complexity of the crime scene begins the processing
task and defines what procedures will be employed such as how
resources will be utilized and how risks can be mitigated.
In the book Criminal Investigation: The Art and the Science, the
following steps in crime scene assessment are recommended
(Lyman, 2011, pp. 80-81):
1. Evaluate measures and steps that have been taken to include
safety procedures, perimeter security and access control, the
adequacy of investigative resources, whether witnesses and
suspects have been identified, and the degree to which preliminary
documentation of the crime scene has been made.
2. Conduct a crime scene walk-through in cooperation with the first
responder and individuals responsible for processing the crime scene
to identify any threats to crime scene integrity and begin an initial
identification of evidence.
3. Determine the need for a search warrant before collection of
evidence.
4. Assess the overall crime scene before evidence collection to
develop a plan for working within the crime scene without
unnecessarily destroying or contaminating evidence.
5. Identify evidence collection and document team members,
including specialists such odontologists, bomb as technicians, arson
investigators, entomologists and fingerprint technicians among
others.
6. Identify protective equipment and clothing that are required to
safely process the crime scene.
7. Identify a separate area, if necessary, for equipment and personnel
staging and for gathering and sanitizing tools, equipment, and
personal protective gear between evidence collections.
8. Assign one officer whose primary responsibility is recording and
collecting items of evidence. This will increase efficiency, establish
the chain of custody, help prevent loss, and reduce the number of
officers who must appear in court.
9. Determine the evidence search method to be used and the
point(s) at which the search will begin and establish a working route
around the scene to minimize disruption and contamination.
Observing
Observing entails looking and mentally registering the condition of
the scene and artifacts found there. In most instances, this activity is
nonintrusive.
However, when investigators move around the crime scene or when they
attempt to better observe certain items of interest, this presents
opportunities that could add, move or damage evidence. They must
consciously act to reduce the intrusiveness of observation by limiting
movement within the crime scene (Gardner, 2005).
Documenting
Documentation includes the preparation of written reports of the
investigator's observation, photographing and videotaping of the scene,
and the creation of sketches. This will be discussed further in Chapter 5
on Crime Scene Documentation.
Doumentation is critical to crime scene processing because this allows
the investigators to back up claims regarding the original condition and
context of the scene. It is relatively nonintrusive, although taking
measurements could present opportunities to change or damage the
condition of the scene. Crime scene personnel in charge of
documentation should therefore employ the least intrusive methods first.
Searching
The actual search begins after the documentation of the crime scene.
There are many different ways to search the scene for evidence,
depending on the types of crime scenes or the evidence at hand. This
is discussed further in Chapter 6 on Crime Scene Search.
Collecting
Collection of evidence is accomplished after the search is completed.
Once collected, an item cannot be placed back into the scene for
documentation. If the item is moved prior to documentation, then the
investigator will have to live with the mistake and simply provide
whatever written documentation is possible regarding its original
location or condition (Gardner, 2005).
The proper handling of evidence is discussed further in Chapter 7,
Physical Evidence.
Analyzing
This activity refers to the actual processing of evidence by evaluating
the context of a scene and the physical evidence found there in an
effort to identify what occurred and in what order it occurred. This is
like putting together pieces of a jigsaw puzzle to solve the crime. The
crime scene investigator accomplishes crime scene analysis by using
scientific methods, physical evidence, and deductive and inductive
reasoning to gain explicit knowledge of the series of events that
surround the commission of a crime. The specific purpose of the
analysis is to gain explicit knowledge of the series of events that
comprise a given incident and, when possible, to identify the most
likely sequence of those events (Gardner, 2005).
Chapter 4
. Always provide constant communication between the personnel entering
the crime scene and outside personnel. Have back-up communication if
using two-way radios.
Always wear appropriate PPE. Be familiar with the use and limitations of the
equipment and ensure its proper maintenance.
Always use the buddy system when entering a confinedspace..
Never attempt a rescue unless you are part of a designated rescue team
and have the proper knowledge, training, skills and equipment to perform a
safe rescue.
Use of safety belts and harnesses is mandatory.
Personal Protective Equipment (PPE)
Personal protective equipment (PPE) consists of the equipment provided to
shield or isolate a person from the chemical, physical and thermal hazards
that can be encountered at hazardous incidents.
• The use of PPE is vital to the safety of the crime scene investigator, and
the efficient and effective processing of the contaminated crime scene
(Fish, Stout, & Wallace, 2011).
• Hand Protection
• Hand protection should be selected on the basis of the type of material
being handled and the hazard associated with the material. Detailed
information can be obtained from the manufacturer.
• The following provides general information about glove material types and
their functions:
• Nitrile provides protection from acids, alkaline solutions, hydraulic fluid,
photographic solutions, fuels, lubricants, aromatics, petroleum and
chlorinated solvents. It also offers some resistance to cuts and snags.
• Neoprene offers resistance to oil, grease, acids, solvents, alkalies, bases
and most refrigerants.
• Polyvinyl chloride (PVC) is resistant to alkalis, oils, and limited
concentrations of nitric and chromic acids.
• Latex (natural rubber) resists mild acids, caustics detergents, germicides
and ketonic solutions. Latex will swell and degrade if exposed to gasoline
or kerosene. When exposed to prolonged, excessive heat or direct
sunlight, latex gloves can start to degrade, causing the glove materials to
lose their integrity.
• Powder free gloves with reduced protein content will lower the risk of
developing latex allergies. Personnel allergic to latex can usually wear
nitrile or neoprene.
• Guidelines for glove use:
• Prior to donning, inspect the gloves for holes, punctures and tears.
Remove rings or other sharp objects that can cause punctures.
• When working with heavily contaminated materials, it is prudent to wear a
double layer of gloves.
• Change gloves when torn or punctured or when their ability
• To function as a barrier is compromised.
• To avoid contamination of unprotected skin or clothing, remove disposable
gloves by grasping the cuffs and pulling them off inside out. Discard
disposable gloves in designated containers. Do not reuse.
• Eye Protection
• Appropriate eye protection, such as safety glasses and goggles should be
worn when handling biological, chemical and radioactiv materials. Face
shields offer better protection to the face when there potential for
splashing or flying debris. Face shields must be worn combination with
safety glasses or goggles because face shields alo are not considered
appropriate eye protection.
• Contact lens users should wear safety glasses or goggles protect the eyes.
In the event of a chemical splash into the eye, it ca be dificult to remove
the contact lens to irrigate the eye.
• For personnel who wear prescription glasses, protective eyewe is available
and should be worn over prescription glasses.
• Foot Protection
• Shoes that completely cover and protect the foot are essential. Protective
footwear should be used at crime scenes when there is a danger of foot
injuries due to falling or rolling objects or to objects piercing the sole and
when feet are exposed to electrical hazards. In some situations, nonpermeable shoe covers can provide barrier protection to shoes and
prevent contamination outside the crime scene.
• Respiratory Protection
• Certain crime scenes, such as bombings, and clandestine aboratories. Can
produce noxious fumes and other airborne contaminants that require
respiratory protection. Respiratory protection prevents the inhalation of
hazardous vapors, fumes, dusts, carticles and other materials into the
lungs.
• The following are the three types of respirators that allow a crime scene
investigator to work in a contaminated atmosphere without being exposed
to the contaminants (Fish, Stout, & Wallace, 2011, pp. 53, 57, 59).
• Air-Purifying Respirator (APR) This type of respirator removes
contaminants from inhaled air by pulling the air through a filter cartridge
or canister. The filter removes the harmful substances and allows the
wearer to breathe clean air within the limits of the respirator and the filter.
• Self-Contained Breathing Apparatus (SCBA) – This is an
atmosphere-supplying respirator for which the breathing air source is
contained within a portable compressed gas cylinder that is designed to be
carried by the user. When used properly, SCBAS provide the highest level
of respiratory protection and must be used in oxygen-deficient
atmospheres.
• Supplied Air Respirator (SAR) – This type of respirator
• uses air supplied from a compressor or large cylinder and delivers it to the
user through a supply hose connected to the facepiece. Although it is
lighter and provides a longer duration of work time than an SCBA, it is
limited to 300 feet of hose, thereby restricting the mobility of the user.
• Head Protection
• In certain crime scenes, such as bombings where structur damage can
occur, protective helmets should be worn.
• Dealing with Infected Evidence
• Crime scene investigators operate in uncontrolled environmenta and under
adverse conditions. Faced with suspected infected evidenc that allow the
transmission of communicable disease and infection such as HIV,
tuberculosis, and Hepatitis B, they especially need adequate protection. To
ensure an adequate collection of evidence and proper investigative
process, the United States National Institute of Justice has offered a list of
recommendations on how to best deal with the problem of infected
evidence (Lyman, 2011, p. 95).
• Human bites- Viral transmission through saliva is unlikely; however, if
bitten, after milking the wound, rinse well and seek medical attention.
• Saliva, urine, and feces – Viral transmission through
• Saliva is unlikely. In urine, the virus is isolated in very low
• concentrations and nonexistent in feces. No AIDS cases
• have been associated with urine or feces.
• Cuts and puncture wounds – When searching areas hidden from view, use
extreme caution to avoid sharp objects. Cases involving needle sticks are
very rare.
• Cardiopulmonary resuscitation (CPR) and first aid – Minimal risk is
associated with CPR, but it is a good idea to use masks or airways and
gloves when in contact with bleeding wounds.
• Body removal – As with all crime scenes, when, in contact with a dead
body, always wear protective gloves.
• Casual contact – No AIDS cases or infections have been associated with
casual contact.
• Any contact with bodily fluids or blood – Wear protective gloves if contact
with blood or bodily fluids is likely.
If contact is made, wash the area thoroughly with soap and water.
Clean up spills with one part water and 10 parts household bleach.
• Contact with dried blood - No cases of infection have been traced to
exposure to dried blood. The drying process itself normally deactivates
any viruses in blood. However, it is still a good idea to wear protective
clothing such as gloves.
• Review Questions
• What are the routes of exposure to contamination? How could they
result to injury or illness?.
• What are the standard safety requirements in conducting crime scene
investigation?
• What are the personal protective equipment vital to the safety of the
crime scene investigator?
• How can they shield or isolate a person from the chemical, physical and
thermal hazards that can be encountered at hazardous incidents?How
should crime scene investigators deal with infected evidence?
CHAPTER 5
CRIME SCENE DOCUMENTATION
Learning Objectives
• Enumerate the most common methods of
crime scene documentation.
• Explain the importance of note taking and
identify essential items of information that
should be included in an investigative note.
• Explain the importance of crime scene
photography.
• Enumerate the sequential and the range of
photographs to be taken at the crime scene.
Learning Objectives
• Enumerate the criteria for admissibility of
photographic evidence.
• Explain the importance of a crime scene
sketch.
• Identify the pieces of information that should
be included in a crime scene sketch.
• Enumerate and explain the types of sketches
and different methods of sketch measurement.
Crime scene documentation helps the
investigators to accurately recall events and to
identify items of evidence later in a court of law.
Documentation serves as a valuable reference
concerning the details uncovered during the
search and the thoroughness of the whole crime
scene processing.
Methods of recording the situation,
conditions, and physical evidence found at the
crime scene include note-taking, sketching and
photograph/videography.
Note Taking
Notes are brief records of what is seen or
heard. Investigative notes are a permanent
written record of the facts of a case to be used
in further investigation, in writing reports and in
prosecuting the case, The investigator should
start taking notes as soon as possible after
receiving a call to respond and continue
recording information as it i received throughout
the investigation (Hess & Orthmann, 2010).
Note Taking
Notes are valuable not only as an aid to an
accurate recall events to be testified to in court,
but also to furnish the raw material needed in
the written formal report of the case. A different
notebook should be used for each separate case
and the notebooks should be kept permanently
in a safe place.
Note Taking
Note-taking serves as personal record of
the search for evidence. It should be detailed so
that it will remain fully meaningful even months
after the event. The note should begin with the
investigator's name and assignment to the case,
and should be supplemented by sketches and
photographs of the scene. It should also be
recorded in the order that the observations they
pertain to are made and hence, will not
necessarily be in logical order.
The essential items of information to be included
during note taking include the following
(Lyman,2011,pp.36-37):
Dates, times and locations - This information
should include the date and time of the
investigator's assignment to the case; from
whom the assignment was received; the exact
time of arrival at the crime scene, the location of
the scene, lighting and weather conditions; the
names of other officers contacted and other
persons present at the scene.
Detailed description of the victim and
his/her clothing - This information should
include all identifiers of the victim, including
name, age, height, weight, etc. Clothing should
be noted as to style and color of garment.
Special attention should be given to
extemporaneous identifiers such as complexion,
tattoos,
and
scars
Wounds the victim sustained – The type,
location and descriptions of wounds should be
documented carefully.
A general description of the crime scene Note anything unusual at the crime scene such
as items damaged or in disarray, items that
seem misplaced or that do not seem to belong
in the scene, open (or closed) doors or windows,
etc.
Notes on photographs taken on the scene For every photograph taken of the scene, the Fstop, shutter speed, distance, and direction of
the photo should be logged in an officer's notes.
Also included should be the time and location of
each photograph, as well as the type of camera,
film and any special attachments that may have
been used in photographing the crime scene.
Type and location of each piece of
evidence - For a careful and adequate
documentation of the location of each piece of
evidence found at the crime scene, this should
include the description, location, the time it was
discovered and by whom, the type of container
in which it was placed, how. the container was
sealed and marked, and the disposition of the
item
after
it
was
collected.
Absence of items -This notation includes the
documentation of items not at the crime scene
that probably should be, such as certain articles
of clothing missing from the deceased or certain
home furnishings absent from the scene.
Photography
The first step in the investigation of any crime
is to photograph all aspects of the crime scene
completely and accurately before any of the
objects of evidence are removed or disturbed.
The basic purpose of crime scene
photography is to record the scene permanently.
Photographs and videotapes reproduce the
crime scene in detail for presentation to the
prosecution, defense, witnesses, judge and jury
in court and are used in investigating,
prosecuting and police training. A visual
portrayal of the crime scene clearly adds a
dimension to both the investigation and
prosecution of the case that no other medium
can emulate. Indeed, photos and videotapes
may convey information to the court more
accurately than verbal descriptions of the crime.
Types
of
Investigation
Photography
The following are types of photography
that play vital roles in criminal investigation.
Crime Scene Photography
As explained above, crime scene
photography refers to documentation that is
intended to lead the viewer of the photographs
through the scene, from an overall perspective
right up to the details of specific items of
evidence. These photographs tell the story of
the crime scene far better than any other form
of evidence (Gardner, 2005).
Surveillance
Photography
Surveillance photography is used covertly
to establish the identity of a subject or to
document criminal behavior. It can also aid
investigators in identifying the suspects'
associates and their physical locations or in
developing a raid or surveillance plan.
Surveillance photography can also be a
crime prevention and detection tool. Installation
of closed-circuit television (CCTV) inside
residential houses and in public areas can
effectively decrease burglaries and street crimes.
Aerial
Photography
Aerial photography can be used to cover
extensive areas such as roads used by bank
robbers to and from the bank, or escape routes,
exterior shots a detours and road blocks during
pursuit
of
a
fugitive.
Night
Photography
Night photography involves the use of
artificial light to illuminate a crime scene at
night. The photographer can use photoflash for
small areas, floodlights and flash series for large
areas, or even state-of the-art night-vision
devices for image intensification. Exposure time,
Camera position and supplemental lightning can
also be adjusted to obtain adequate light.
Laboratory
Photography
Items found at the crime scene can also
be photographed in laboratory with special
equipment. Laboratory photography includes
(Hess
&
Orthmann,
2010):
• Microphotography - Minute particles of
evidence such as hair and fibers are
photographed through a microscope
• Macrophotography - Enlarges a subject
such as a fingerprint or tool mark to show
enlarged details
• Laser-beam photography - Reveals
evidence indiscernible to the naked eye
such as a footprint in a carpeted floor
• Ultraviolet-light photography - Uses
the low end of the color spectrum to make
visible impressions of evidence invisible to
human sight such as injuries long after
their actual occurrence (e.g., bruises, bite
marks, cigarette burns, neck strangulation
marks, etc.)
Mug Shots
Mug shots are photographs of those who
have been taken into ne prevention custody and
booked. Victims and witnesses view mug shots
in an attempt to identify a suspect who is
believed to have a police record. Mug shots
gathered in files and displayed in groups are
called a rogues' gallery.
What to Photograph
When photographing a crime scene, there
can never be too many pictures. Photograph the
crime scene as soon as possible, starting with
the exterior shots and the general area, then the
specific areas, and finally specific objects of
evidence. Take photographs before anything is
disturbed and avoid inaccuracies and distortions.
Photographs of the broad area of the
crime scene should be supplemented by closer
shots of sections containing important details.
Record useful information in a series of
photographs which will enable the viewer to
understand where and how the crime was
committed.
Each area or objects should be
photographed so that it can be located readily in
the overall pictures, which will enable the viewer
to gain a clear concept of its position with
reference to other objects at the scene.
The sequential photographs to be taken at
the crime scene are enumerated below.
1. Views of the exterior of the building or
vehicle, with relations to other buildings or
vehicles, roads, streets, etc.
2. Points of entry, inside and outside.
3. Points of exit, inside and outside.
4. Conditions of the crime scene
5. Area from which valuable articles were
removed.
6. Articles left at the scene.
7. Trace evidence, such as hair, fibers and
cigarette butts.
8. Tool marks and impressions of shoes or tire
tracks.
9. Fingerprints and footprints, as well as articles
on which prints may be found.
Range Photographs
The three types of range photographs
enumerated below will show the progression of
shots that can reconstruct the commission of a
crime.
1. Long range photographs are taken to portray
the areas as if a person viewing the scene is
seeing it from the standing position. The
photographer takes the photograph with the
camera at eye level. Shots include the overall
scene, the locality or neighborhood, points of
ingress and egress, normal entry to the property
and buildings, exterior of the buildings and
grounds and street signs or other identifiable
structures that will establish location.
2. Mid-range photographs portray the scene
from approximately 10 to 20 feet from the
subject matter. Shots include the immediate
crime scene and the location of objects of
evidence within the area or room. Examples are
blood splatters on the walls or an open window
that served as the entry point for an intruder. 2.
3. Close-up photographs are five feet away or
less from the subject matter. Shots include
specific evidence (such as bullet holes in the
walls, weapons, hairs, fibers, footprints and
bloodstains), the entire surface that show all the
evidence (e.g., a table surface that contains
bloodstains and fingerprints).
Procedures on taking photographs
The PNP provided the following procedures
when taking crime scene photographs (PNP,
2011).
1. Overall photos of the scene are taken to show
the approach to the area, street signs, and street
light locations in relation to the actual scene,
street addresses and identifying objects and at
the scene. Pictures should also be taken of every
room in the house, even if their relationship to
the crime scene is not readily apparent.
2. Photograph the scene in a clockwise pattern
before altering the body's position or any other
evidence within the scene. Photograph the scene
from at least two opposite corners, but from all
four corners is even better. This way, nothing is
missed questioning or hidden from view by
intervening objects
3. Photograph the body and the immediate
vicinity around the body. If you have a camera
boom, take pictures from ceiling height and
angle downwards to take photographs of the
victim and any other evidence. This perspective
often shows things missed when viewed from
ground or eye level.
Admissibility of Photographic Evidence
Photographs must be taken under certain
conditions and must meet specific criteria to be
admissible as evidence in court.
They must be accurate representations, free of
distortion, material and relevant. and unbiased.
1. Accurate representations of what they
purport to represent must be properly
identified, properly placed in the chain of
evidence,
and
secured
until
court
presentation.
2. Free of distortions - incorrect point of view,
perspective, and misrepresentation of tone or
color must be avoided
3. Material and relevant-relates to and makes a
substantive contribution to the specific case in
question, and representative of the evidence
that relates it to the matter in question to
determine the truth of the circumstances; has a
legitimate and effective influence on the decision
of the case
4. Unbiased - not prejudicial or inflammatory,
and does not appeal unfairly to the emotions
Sketching
Photographs alone are not sufficient for the
adequate recording of cations in relate the crime
scene. A crime scene sketch will complement the
photographs identifying object and notes made
during the crime scene search. This serves as a
graphic of every room document to show the
layout, orientation, and interrelationships
between the scene and the evidence.
A sketch portrays information accurately and not
necessarily a before alter artistically. Artistic
ability is not required in order to construct an
adequate sketch of a crime scene. Sketches
clarify the appearance of the scene and make it
easier to comprehend. They are useful in
questioning of suspects and witnesses as well as
in the writing of investigative reports.
Sketches are also excellent companions to
photographs. Where es from ceilin photographs
provide exact details, sketches offer accurate
information about the placement of objects and
they show relationship and distances between
things.
The crime scene sketch should include the
following information (Lyman, 2011).
1. The investigator's full name and assignment
2. The date, time, crime classification and report
number
3. The full name of any person who assists in
taking measurements
4. Address of the crime scene; its position in a
building: landmarks; and compass direction
5. The scale of the drawing, if a scale drawing
has been made (if no scale, indicate by printing
"not to scale“
6. The major discernible items of physical
evidence and the critical features of the crime
scene (The location of such items is indicated by
accurate measurements from at least two fixed
points, or by other methods discussed.)
7. A legend or key to the symbols used to
identify objects or points of interest on the
sketch.
The measurements shown on the sketch
should be as accurate as possible and they need
to be made and recorded uniformly. Steel tapes
are the best means of taking measurements. It
is difficult to explain an erroneous measurement
on a drawing, and can introduce doubt in the
minds of others as to the competence of the
entire search of the crime scene.
Types of Sketches
1. Floor Plan/Overview/Bird's Eye View Scale drawing of a horizontal section through a
building at a given level, presented as a bird'seye view of the scene
2. Ground Sketch
3. Neighborhood Sketch
4.Exploded
View/Cross
Projection
combines the standard bird's. eye view of the
horizontal surface of the room, while at the
same time "laying down" a wall or walls in order
to depict evidence that is present on these
vertical surfaces; allows the viewer to see the
orientation and interrelationships of items of
evidence on both the vertical and horizontal
surfaces of the scene
5. Elevation Sketch-depicts a side, front, or
rear of the exterior of a structure or one of the
interior walls in a room; used when the vertical,
rather than the horizontal plane is of interest.
Methods of Sketch Measurements
Plotting methods are used to locate
objects and evidence on the sketch. Choose the
best method suitable to the crime scene.
1. Triangulation Method
This method is a bird's-eye view of the
scene that uses fixed objects from which to
measure. It is a type of measurement that can
be used in both indoor and outdoor crime
scenes. It uses straight-line measures from two
fixed objects leading to the evidence to create a
triangle with the evidence in the angle formed
by the two straight lines. The degree of the
angle formed at the location of the object or
evidence can then be measured with a
protractor. The angle can be any degree, in
contrast to the rectangular-coordinate and
baseline methods, in which the angle is always a
right angle (90 degrees) (Hess & Orthmann,
2010, p. 59).
2. Rectangular Method
This method uses two walls in a room as fixed
points, from w distances are measured at right
angle to the object.
3. Baseline or Coordinate Method
This method measures the distance of an
object from two fixed points. One form of this
method uses a baseline which is drawn between
two known points. The baseline could be a wall,
or drawn as a mathematical center of a room,
the dimensions of which are known. The
measurements of a given object are then taken
from left to right along the baseline, to a point
at right angles to the object which is to be
plotted. The distance will be indicated in the
legend with a number in parentheses following
the name of the object (Lyman, 2011).
4. Compass Point Method
This method uses a protractor
measure the angle formed by two lines
to
Procedures on Making a Sketch
The PNP provided the following
procedures when making crime scene sketches
(PNP, 2011).
• To establish admissibility, the investigator must
have personal observation of the data in
question. In other words, the sketch must be
sponsored or verified.
• Sketches are not substitutes for notes or
photos; they are but supplements to them.
• Types of sketches include: floor plan or bird'seye view, elevation drawing, exploded view,
and respective drawings.
• Write down all measurements.
• Fill in all the details on your rough sketch at
the scene. The final sketch may be prepared at
the office.
• Keep the rough sketch even when you have
completed the final sketch.
• Indicate the north direction with an arrow.
• Draw the final sketch to scale.
• Indicate the place in the sketch as well as the
person who drew it. Use KEY-capital letters of
the alphabet for listing down more or less
normal parts or accessories of the place, and
numbers for items of evidence.
• Indicate the position, location and relationship
of objects.
• Methods or systems of locating points (objects)
on sketch include: rectangular coordinates,
coordinates constructed on transecting base
line, and triangulation.
• Critical measurements, such as skid marks,
should be checked by two investigators.
• Measurements should be consistent.
standard symbols in the sketch.
Use
• Show which way the doors swing.
• Show with arrow the direction of stairways.
• Recheck the sketch for clarity, accuracy, scale, title
and key.
Review Questions
• What is note taking for? What items of information
should be included in an investigative note?
• e What is the purpose of crime scene
photography? What are the sequential and the
range of photographs to be taken at the crime
scene?
• What are the criteria for photographs to be
admissible in court?
• Why are crime scene sketches important?
• What pieces of information should be included
in a crime scene sketch?
• What are the types of sketches? What are the
different methods of sketch measurement?
CHAPTER 6
CRIME SCENE SEARCH
Learning Objectives
At the end of this chapter, the student will
be able to
• Define crime scene search and explain its
importance in criminal investigation.
• Enumerate the basic premises to
be considered when searching a crime
scene
Learning Objectives
• Enumerate the stages and methods of
crime scene search
• Enumerate and explain
of investigatory search
other
types
• Explain
the
procedures
when searching for evidence at crime
scene.
To search is to systematically look for
physical evidence that may prove useful in
establishing that a crime has been committed.
The search for physical evidence is done using the
accepted methods of search depending upon the
actual location to be searched.
Searching is a vital task in most criminal
investigations because
through searching,
evidence of crime
and against criminals is
obtained. Specifically, the goal is to discover
evidence that helps to establish that a crime was
committed and what the specific crime was;
establish when the crime was committed; identify
who committed the crime;
explain how the crime was committed; and
suggest why the crime was committed (Hess &
Orthmann, 2010, p. 104).
A successful search of the crime scene
locates, identifies and preserves all
evidence
present. It could only be started after it has been
photographed and sketched, Below are three
basic premises to be considered when searching:
1. The best search options are often the most
difficult and time consuming.
2. You cannot over-document the
physical
evidence.
3. There is only one chance to perform the job
properly.
Stages of Crime Scene Search
The actual search begins after emergencies
have been attended to, the scene has been
secured,
witnesses have been located and
separated for interviewing, and photographing
and sketching have been completed. The search
of the crime scene consists of the following
stages:
Stage 1: Preliminary Search - cautious walk
through of the crime scene jointly conducted by
by the SOCO Team Leader and the Investigatoron Case purposely to assess the extent of the
crime scene and determine the possible types of
evidence to be encountered
Stage 2: Detailed Crime Scene
Searchsearch of the visible and easily accessible areas
Stage 3: Vigorous Search- the most intrusive
of all searches where the searchers proceed to
the concealed physical evidence and most difficult
or hardly accessible areas, such as ceilings,
drawers, lockers and under carpets
Stage 4: Final Search- a critical survey or
review of all levels of the search, which is jointly
conducted by the SOCO Team Leader and the
Investigator-on-Case, the purpose of which is to
check for completeness of search and to ensure
that all evidence has been gathered.
Different Methods of Search
Different search methods or patterns are
designed to locate evidence
thoroughly and
systematically. The most common search patterns
include the strip or line search method, grid
search method, spiral search method, quadrant or
zone search method, and the wheel ar pie search
method. Some of these methods are best suited
for
indoor scenes, while others are more
applicable to outdoor crime scenes.
Strip or Line Search Method
A strip search is typically used in outdoor
scenes to cover large areas in which detailed
examination is
necessary. It is a technique
frequently used by archaeologists when they
search a particular area. The strip search uses a
series of lanes across the crime scene. This
method can be used by one person or a group of
searchers.
It is done as follows: Each lane contains a
searcher that walks down the lane parallel to the
other searcher.
Once the searchers get to the end of the
lane, they reverse their direction and walk back
adjacent to the lane they just searched. This
process is continued until the entire crime scene
area has been searched. If one of the searchers
finds evidence, all searchers should stop until the
evidence is properly processed and they receive
additional information.
Strip or Line Search Method
Grid or Double Strip Bearch Method
The grid search method is a variation of the
strip search metho and is useful for large crime
scenes, particularly
outdoor scenes After
completing the strip search, the searchers are
doubled back perpendicularly across the area they
just searched. It is very time consuming, but
causes a very
methodical and thorough
examination
of the area. It also has the
advantage of allowing searchers to view and
search the crime scene from two
different
viewpoints, thereby increasing the possibility of
uncovering evidence not previously noticed.
Grid or Double Strip Search Method
Spiral Search Method
This ever widening circle technique is conducted
with the searching officer starting at the focal point of
the crime scene or the center of the area, working
outward by circling in a clockwise or counterclockwise direction to the outside edges of the crime
scene. This is a good pattern for a rather confined ants
or a small room. It is also helpful to apply this pattern
in layers. This can be done as follows:
• Visually search the top third of the room, as well as
the celling .
• Search the middle third of the room including
drawers and cabinets.
• Search the lower third, using the
technique.
Spiral Search Method
spiral
Quadrant Search Method
A quadrant search is used when the search
area is particularly large and cumbersome. This
type of search requires the crime scene to be
divided into four large quadrants (the four large
quadrants can also be sub divided into four smaller
quadrants).
Each quadrant or sector is then
searched separately as an individual unit, using
the spiral, strip and/or grid search pattern.
Quadrant Search Method
Pie or Wheel Search Method
The pie or wheel search is based on the
establishment of a circle surrounding the crime
scene. The circle is then divided into six quadrants
in a pie-like.
Pie or Wheel Search
Method
Other Types of Investigatory Searches
Investigators may find the need to search
other areas or locations as they
investigate
criminal offenses. This section enumerates other
types of investigatory searches and some points
to consider when executing the search.
Building Searches
• When executing a warrant to search a building,
officers should first familiarize themselves with the
location and the past record of the person living
there.
• Decide on the least dangerous time of day to
search the building and/or execute a warrant
(e.g., not the time of day when children come
home from school).
• Before entering a potentially
dangerous
building, secure the outside perimeter and as
many exits as possible. Go quickly through doors
into dark areas, and
avoid windows. When
moving around objects, take quick peeks before
proceeding. Know where you are at all times and
how to get back to where you were (Hess &
Orthmann, 2010)
Vehicle Searches
• The nature of the crime dictates the area of the
vehicle to be searched. For example, whereas a
drug smuggling or murder case requires closer
examination of the interior of the vehicle, a hitand-run investigation necessitates examination of
the exterior of the vehicle (Lyman, 2011).
• For a systematic and thorough
search of
vehicles (including cars,
aircrafts, boats,
motorcycles, buses and trucks), remove first the
occupants from the car. Start by searching the
area around the vehicle and then the exterior.
Finally, search the interior along one side from
front to back, and then return along the other
side to the front (Hess & Orthmann, 2010).
Live Victim or Suspect Searches
Always be on your guard when frisking or
making a complete body search for weapons and
evidence.
• Use large sheets of paper or a drop cloth to
collect any trace evidence that might fall from the
person as he or she undresses.
• Clothing and shoes should be recovered and
packaged separately
• The body of the person should be examined
closely for items of evidence such as hair, fibers,
paint, or glass particles.
• Hair samples should be collected in accordance
with established protocol.
Dead Body Searches
• Use clean cloth sheets or a drop cloth to collect
any trace evidence that might fall from the body
as it is moved to the morgue.
• The body should be examined for hair, fibers,
paint, or glass particles. The search should start
at the top of the head and proceed down one side
of the body to the foot and then repeat the
process on the other side. This process should be
repeated at the morgue as the body is undressed,
• Each item of clothing should be collected
individually packaged separately to avoid cross
contamination.
• Examine Fingernails, but do not scrape them at
the scene, This can be accomplished at the
morgue after fingernail scrapings have been
obtained.
• Comparison prints should be rolled at the
morgue after the fingernail scrapings have been
obtained.
• If a firearm was used in the crime, gunshot
residue testing should be
conducted on the
hands.
• Hair and blood samples should be collected
before the body is released.
• To maintain chain of custody, the body should
be accompanied to the morgue by an investigator
or crime scene specialist.
Investigation Procedure at the Crime Scene
The PNP issued the following investigation
procedures when searching for evidence at a
crime scene (PNP, 2011).
1. The scene is processed in accordance with the
prevailing physical characteristics of the scene
and with the need to develop essential evidentiary
facts peculiar to the offense. A general survey of
the scene is always made to note the locations of
obvious traces of action, the probable entry and
exit points used by the offender, and the size and
shape of the area involved.
2. In rooms, buildings and small outdoor areas, a
systematic search of evidence is initiated. The
investigator examines each item encountered on
the floor, walls and ceiling to locate anything that
may be of evidentiary value. It is recommended
that the clockwise movement be used.
3. Give particular attention to fragile evidence that
may be
destroyed or contaminated if it is not collected
when discovered.
4. If any doubt exists as to the value of an item,
treat it as evidence until proven otherwise.
5. Ensure that the item or area where latent
fingerprints may be present is closely examined
and that action is taken to develop the prints.
6. Carefully protect any impression of evidentiary
value in surfaces conducive to making casts or
molds. if possible, photograph the
impression and make a cost or mold.
7. Note stains, spots and pools of liquid within the
scene and treat them as evidence.
8. Treat as evidence all other items, such as hairs,
fibers and earth particles foreign to the area in
which they are found.
9. The initial search for evidence is completed
after a thorough examination of the scene, after
the rough sketch, necessary photograph and
investigative notes
have been completed, and after the investigator
has returned to the point from which the search
began.
10. Further search may be necessary after the
evidence and the statements obtained have been
evaluated.
11. In large outdoor areas, it is advisable to divide
the area into strips of about four feet wide. The
policeman may first search the strip on his left as
he faces the scene and then the adjoining strips.
12. It may be advisable to search beyond the area
considered to be the immediate scene of the
incident.
13. After completing the search of the scene, the
investigator
examines the object or person
attacked by the offender. For example, a ripped
safe, a desk drawer that has been pried open or
a room from which items has been stolen would
be processed after the remainder of the scene has
been examined for traces of the offender.
14. In a homicide case, the position of the victim
should be outlined
with a chalk or any other suitable material
before the body is removed from the scene. If
the victim has been pronounced dead by a
doctor or is obviously dead, it is usually
advisable to examine the body, the clothing
and the area
under the body after the
remainder of the scene has been searched.
This is to enable the investigator to evaluate
all objects of special interest in light of all
other evidence found at the scene.
Review Questions
• What in crime scene search? Why is it
important in a criminal investigation?
• What are the basic premises to be
considered when searching a crime scene?
• What are the stages and methods of
crime scene search? Explain.
• What are the other types of
investigatory search? How
are they done?
• What are the procedures when
searching for evidence at a crime
scene?
CHAPTER 7: PHYSICAL EVIDENCE
LEARNING OBJECTIVES
•
•
•
•
•
•
At the end of this chapter, the student will be able to:
Identify and differentiate the different types of evidence
Discuss the purpose of physical evidence
Enumerate the classification of physical evidence and provide
examples
Enumerate the basic principles of evidence and discuss how these
concepts contribute to the quality and usefulness of physical
evidence
Enumerate and explain the activities involved in correctly processing
evidence
• When criminologist Edmond Locard formulated his "exchange principle"
in 1910 he showed that a criminal always removes something from a
crime scene or leaves incriminating evidence behind. In short, “every
contact leaves a trace.”
• A primary purpose of an investigation is to locate, identify and preserve
evidence. Evidence is valuable because it has great potential to verify that
a crime has been committed, identify the person who did and exonerate
all other persons who may be under suspicion.
• Rule 128 of the Rules of Court defines evidence as the means of
ascertaining in a judicial proceeding the truth respecting a matter of fact.
Evidence can be anything that tends to prove or disprove an sue in
question. It is the means by which any alleged matter of fact is proved or
disproved. It includes all matters, except comment or argument, legally
submitted to a court to enable it to decide a question before it.
Types of Evidence
Evidence is generally categorized into four
documentary, demonstrative or physical.
types:
testimonial,
• Physical evidence is any type of evidence that is real or has an objective
existence. It has dimension, size or shape; it can be seen, touched,
smelled or tasted; it is solid, semisolid or liquid. It can take almost any
form and can be as minute as a microscopic fiber in a rape case or an
odor of a flammable liquid at the scene of a fire, or as large as an
automobile involved in a hit and run accident.
• Testimonial evidence is information obtained through interviewing and
interrogating individuals about what they saw (eyewitness evidence),
heard (hearsay evidence) or know (character evidence). A testimony or
confession can add considerable value to physical evidence when
presented in court. It can help in understanding motives or explaining
those things found at the crime scene. However, due to its subjective
nature, it cannot stand alone and must be supported by physical evidence
or other corroborating evidence (Hess & Orthmann, 2010 and Gardner,
2005).
• Documentary Evidence consists of writings or any material containing
letters, words, numbers, figures, symbol or other modes of written
expressions offered as a proof of their contents.
• Demonstrative Evidence includes mockups and scale models of objects
or places related to the crime scene. This helps the court to visualize more
clearly what they are unable to view personally. It is used to demonstrate
or clarify an issue rather than to prove something (Hess & Orthmann,
2010).
Evidence can be classified in other ways. Direct or prima facie evidence
establishes proof of a fact without any other evidence, while indirect
evidence or circumstantial evidence merely tends to incriminate a person
without offering conclusive proof. Trace evidence are extreme small items
that can be considered direct evidence.
Corpus delicti evidence simply establishes that a crime has been committed,
while associative evidence links a suspect with a crime (e.g. fingerprint
bloodstains, hairs and fibers), and probative evidence proves guilt or
innocence. Material evidence forms a substantive part of the case or has a
legitimate and effective influence on the decision of the case, relevant
evidence applies to the matter in question; and competence evidence has
been properly collected, identified, filed and continuously secured (Hess &
Orthmann, 2010 and Lyman, 2011).
• Another way to classify physical evidence samples is to distinguish
between comparison evidence, namely, (1) questioned specimen or
sample, which refers to an item with an "unknown" source, and (2)
standard specimen or exemplars which came from known sources and can
either be a comparison or a reference standard.
• Most evidence found at a crime scene is of diminished value without a
standard to compare it against. Even the best fingerprint with the clearest
characteristics is useless unless there is a rolled print to compare it to.
Finding questioned evidence at the scene is only half the battle. The value
or uniqueness of that piece of evidence must be proven in such a manner
that it provides a basis for logical conclusion, i.e., the fingerprint had to be
left at the scene by the suspect. The investigator must also obtain the
needed standards for comparison. If some foreign fibers were discovered
at the scene of a crime, the investigator or crime scene specialist must be
able to locate material that can be used for comparison, i.e., a shirt or
jacket from the suspect that has a similar fabric and color.
Purpose of Physical Evidence
Physical evidence serves the following purposes in criminal investigation:
• To prove that a crime has been committed, or establish key elements of
the crime
• To link a suspect with the victim or with the crime scene
• To establish the identity of persons associated with a crime
• To exonerate the innocent
• To corroborate victim's testimony
• To induce a suspect to make admissions, or even confess
• To identify property or contraband connected with a crime
• The absence of evidence can also help provide proof. It could also either
support or weaken an eyewitness testimony.
• In relation to the above purposes, physical evidence can assist in the
solution of a case. The presence of physical evidence such as fingerprint
or other exchanges of trace evidence left at the crime scene can be used
to develop or identify suspects. These can provide possible proof that the
suspect has been in contact with a particular location. Suspects can also
be linked to the crime, the victim or the crime scene through the presence
of physical evidence that proves involvement. For example, fingerprints
discovered in a cash draw the scene of a robbery can provide an
indisputable connection suspect with the crime scene. Physical evidence
can likewise prove or disprove a suspect's alibi. For example, substances
such as cement, plaster, ceramics and insulation found on a suspect's cloth
or vehicle can place such suspect at a crime scene and destroy an ally.
• The outcome of physical evidence can also be used to develop modus
operandi (M.O.) or show similar M.O.'s. Modus operandi are pattern of
criminal behavior that can be associated with a particular criminal. In the
early 1900s, August Vollmer, Chief of the Berkeley, California Police
Department in the United States, introduced the concept modus operandi
which involves the systematic classification of known criminal behavior.
Later, research showed that a disproportional number of crimes can be
attributed to a small group of individually characterized by identifiable
behavioral patterns of predictability and repetition.
• Repeat offenders tend to commit crimes during the same time period,
within a specific area and using similar methods. Physical evidence left by
such suspects will often help identify their MO, which can, in turn, predict
and profile the characteristics of unknown criminal subjects or potential
victims. Repeat offenders tend to commit crime during the same time
period, within a specific area, and using similar methods. Physical
evidence left by such suspect will often help identify their MO, which can,
in turn, predict and profile the characteristics of unknown criminal subjects
or potential victims.
Main Sources of Physical Evidence
Aside from the crime scene, main sources of physical evidence include the
victim and the suspect.
The Crime Scene
• The crime scene is usually the focus of the preliminary investigation and
also the primary source of physical evidence. However, it is also an area
with the greatest potential for the destruction or contamination of
evidence. Crime scene specialists must be diligent to avoid accidental
contamination of the crime scene not only by themselves, but also by
witnesses, police officers, investigators and environmental conditions such
as rain, sunlight, wind and other elements.
• All persons coming in contact with the crime scene should be cautioned
about crime scene contamination. Something as innocent as walking
through the crime scene, smoking, or picking up an item or closer
examination can produce contamination. Every crime scene should have a
contamination sheet that lists the name, date and time of each person's
arrival and departure from the crime scene. This sheet can also be used at
a later time if the need for elimination prints should occur.
The Victim
• The victim of a crime is often a potential source of physical evidence,
particularly in the case of sex crimes. Hairs, fibers and biological are all
potential evidence and need to be collected following established protocol.
Time is of the essence and the potential for contamination or destruction
should be a primary concern. Investigators must be familiar with the
proper methods of collecting and protecting these items of evidence.
The Suspect
• The suspect and his or her environment can be prime sources of physical
evidence. Just as the victim of a sexual assault will most likely possess
physical evidence, the suspect is no different. Transfers of evidence readily
occur and must be sought out on both the suspect and his or her
environment, such as the suspect's vehicle or home. Again, time is of the
essence and the potential for destruction or contamination is great.
Investigators must always be on the alert for potential sources of physical
evidence, such as the suspect's vehicle, clothing, shoes or even home
furniture.
Classification Of Physical Evidence
Listed below is the classification of physical evidence.
1. Biological (body) fluids
• Blood
• Saliva
• Semen
• Sweat
• Urine
• Vaginal Discharge
2. Explosives and incendiaries
• Arson debris (glass Wood, Fabrics, Foreign Objects, Suspected Flammable
Substance
• Explosive Debris
• Explosive Substance and devices
3. Fabrics
• Large Articles (Mattress)
• Small Articles (Fabrics on victims mouth, feet, or hands).
4. Fingerprints
• On absorbent materials
• On hard objects
• On Skin
• On other surfaces like firearms, glass, bottles, plant leaves
5. Firearms and Ammunition
• Gunshot residue
• Shoulder Weapons
• Small Firearms
• Fired Cartridge Cases
• Serial Numbers
• Fired Paper Hot Shells
• Shot Wads
• Shot Pellets
6. Food and drug specimen
• Liquids
• Tablets & capsules
• Plant materials • Powder or solids
7. Glass
• Large Fragments • Small Fragments
8. Hairs & Fibers
• On individuals • On other surfaces
9. Impressions
• Footprints • Tire Prints • Tool Marks • Bite Marks
10. Liquids and viscous substance
11. Metals
• Filings
• Fragments (in form of bullet fragments, grill work, headlight)
• Large sections (frames, dies, etc. may be embedded on the floors or
walls)
12. Paint
• Chips and smudges on little materials, on big or non-movable materials,
on cloth, wood, metal or glass.
• Liquids
13. Questioned Documents
•Burned •Fluid or Blood Soak
14. Soil
• Cake Mud • Dry Soil • Mud
15. Miscellaneous evidence
• Cigarette butts, jewelry, matches, spoon or fork syringe, broken
fingernails, magnetic tape, recording or writing instruments, tapes that can
link a person to a crime scene, etc.
Basic Principles of Evidence
The value of physical evidence is determined by how useful it is
verifying that an infraction has been committed, identifying the person
or persons who did it, and exonerating all other persons who may act
under suspicion. In addition, physical evidence helps reconstructs the
events of an infraction and their sequence.
Several important concepts in regard to the quality and usefulness of
physical evidence in establishing identity should be considered. These
concepts include individuality, class characteristics, probability, rarity,
theory of transfer and comparisons.
Individuality
Individuality is what makes one thing different from all other similar to it.
An individual has thousands of characteristics that are common in other
people. However, every human being has many physical characteristics,
such as fingerprints, ear prints, handwriting and DNA that make him or her
unique. If there are enough common characteristics identifiable, or if there
are known unique characteristics the practical identity of a person may be
established. The same can be said of the identification of objects.
Evidence can be positively identified as having come from a specific source
or person if sufficient identifying characteristics of sufficient microscopic or
accidental markings are present. Example are fingerprints, handwriting,
bullets, toolmarks, shoe prints, pieces of glass where the broken edges can
be matched and wood where broken or cut edges can be matched.
Class Characteristics
Evidence that can only be identified by placing it into a particular class,
regardless of the amount or thoroughness of examination, is known as
evidence with only class characteristics. A definite identification as to its
source can never be made, since there is a possibility of more than one
source for this evidence.
Examples of evidence with only class characteristics include blood, hairs,
fibers, shoeprints, tool marks or bullets in instances where the microscopic
or accidental markings are insufficient for positive identification. Class
characteristics of an item therefore allow it to be screened before a more
detailed comparison is made between it and another object to determine
individual characteristics that may later lead to the establishment of specific
identity.
It is desirable to have evidence that can be positively identified but the
value of evidence with class characteristics only should not be minimized. In
cases involving evidence with class characteristics, the following are
desirable:
• A preponderance of class characteristics within a single item of evidence,
such as paint with many layers all matching or soil with foreign matter
such as paint chips
• Elimination specimens, such as soil from where a suspect claims he or she
was or where he or she claims a car was, or other materials from a source
mentioned in an alibi.
Probability
The probability that a combination of independent events will occur is the
product of individual probabilities. Thus, the probability of association with a
particular situation may be very high when a number of separate factors are
found to correspond. The presence of matching fibers, hairs, blood, shoe
prints or tool marks may indicate an extremely high probability of
involvement, even though none of these factors is in itself conclusive.
The importance of mathematical probability to the quality of physical
evidence is readily apparent when we consider the use of fingerprints to
establish positive identification of a suspect. We conclude that in the whole
population of the world, the probability is that no two individuals have the
same fingerprints. Although most people, including knowledgeable
fingerprint examiners, are not aware of it, the strongest basis for the
acceptance of fingerprint uniqueness rests on mathematical probability.
Rarity
• Sharpening one's perception of the rarity of time, place and circumstances
associated with physical evidence found in or near the crime scene is a
developed skill. The determination of whether or not an object or item
should be collected as evidence will frequently reviewed on the following
circumstances: it seems out of place; it is unusual for the item to be in a
certain place; or the condition of the item or object indicates unusual
change.
• These types of evaluation are conducted by an a routine basis and
become more keen with the passage of time an experience. Veteran
investigators will routinely develop a sixth sense for noting items out of
place, or unusual conditions of common placed items. Their ability to
recognize potential evidence gradually increase with time and experience.
investigator
Theory Of Transfer
• Locard's principle summarizes that when two objects come into contact,
there will frequently be a transfer of small amounts of material from one
to the other. Thus, when suspects come in contact with the victim and
objects at the crime scene, they frequently leave behind traces of
themselves and take with them traces of any objects. touched. This also
applies to police officers and investigators. Materials transferred in this
way are normally referred to as trace evidence. The term trace evidence is
usually very loosely defined; however, it most often is applied to minute or
microscopic bits of materials that are not immediately apparent to even a
trained investigator.
Comparisons
• The most definite point of comparison between objects is an obvious
physical match. For example, the bit of a screwdriver and the shank from
which it was broken, or a splinter of wood and the part rom which it split
could be obvious physical matches.
• The lesson to be seen in these comparisons is that any item that suggests
a rip, tear or breakage should spark a thorough search for its counterpart
or for the object that was used to infiict the damage. By matching the two
pieces, the crime scene specialist is able to probe a connection between
not only the items, but frequently the suspect and the crime scene, or the
suspect and the victim of the crime.
Processing Evidence
Evidence must be properly and legally processed to be of value to a criminal
investigation. Processing evidence correctly includes the following (Hess &
Orthmann, 2010).
1. Discovering or recognizing evidence
2. Collecting, recording and identifying evidence 3. Packaging, conveying
and storing evidence
3. Packaging, conveying and storing evidence
4. Examining evidence
5. Exhibiting evidence in court
6. Disposing of evidence when the case is closed. The importance of
physical evidence depends on its ability to establish that a crime was
committed and to show how, when and
The importance of physical evidence depends on its ability to establish that
a crime was committed and to show how, when and by whom. The
previously enumerated basic principles of evidence can guide investigators
in determining the relative value of physical evidence. For example,
fingerprints and DNA have higher probability than blood type to provide
positive identification of a suspect.
Forensic light sources such as ultraviolet (UV) fluorescence, infrared
luminescence or laser light can also make evidence visible. Examples are
latent prints, body fluids or altered signatures which are not detectable to
the naked eye but can be made visible by forensic light sources.
Collecting evidence requires judgment and care. Common errors in
collecting evidence include not collecting enough of the sample, not
obtaining standards of comparison and not maintaining the integrity of the
evidence. Crime scene investigators must mark or identify each item of
evidence in a way that can be recognized later and indicate the date and
case number. Notes should record the date and time of collection, where
the evidence was found and by whom, the case number, a description of
the item and who took custody.
Packaging of evidence means maintaining and preserving its original state
as well as preventing damage or contamination. Each item of evidence must
be carefully packaged separately in a durable container to maintain its
integrity. It must then be transported personally or in the fastest way
possible, with instructions that the person receiving the evidence should
sign for it. Evidence must also be securely protected and properly stored. It
is important to document the custody of the evidence at every stage.
Legal requirements make it necessary to account for all physical pieces of
evidence from the time it is collected until it is court. With these in mind, the
following principles should be c in handling all types of evidence:
• As much as possible, the evidence should reach the laboratory in the same
condition as when it was found.
• The quantity of specimen should be adequate. Even with the best equipment
available, good results cannot be obtained from insufficient specimens.
• Submit a known or standard specimen for comparison purposes.
• Keep each specimen separate from others so that there will be no intermingling
or mixing of known and unknown material. Wrap and seal in individual packages
when necessary.
• Mark or label each of the evidence for positive identification as the evidence
taken from a particular iocation in connection with the crime under
investigation.
• The chain of custody of evidence must be maintained. Account for evidence
from the time it is collected until it is produced in court. Any break in this chain
of custody may make the material inadmissible as evidence in court.
Observance of the Chain of Custody
A list of all persons who came into possession of an item of evidence
continuity of possession, or the chain of custody, must be established
whenever evidence is presented in court as an exhibit. Adherence t
standard procedures in recording the location of evidence, marking for
identification, and properly completing evidence submission form for
laboratory analysis is critical to chain of custody. Every person who handled
or examined the evidence and where it is at all times must be accounted
for.
As a rule, all seized evidence must be in the custody of the evidence
custodian and deposited in the evidence room or designated place fo
safekeeping, and will be taken out only from evidence room for cour
presentation on the basis of a court order.
In other words, the chain of custody of an item is a detailed history of
everything that took place concerning a particular piece of evidence.
The chain of custody will accurately reflect the date and time every person
ever touched the evidence, or moved it from the point of its discovery. This
will start with the crime scene specialist that collects the evidence and
include every person that may have touched or had for the evidence to be
admissible in court, there must be an absolute accounting of its
whereabouts and access by every person from the time of recovery to its
presentation in court. Anything less could cause the item to be excluded in
most courts.
General Rules of Evidence Admissibility
Evidence to be admissible in our system should be relevant to the issue and
not excluded by the law or the rules on evidence.
General Rules of Evidence Admissibility
As a general rule in almost every country, criminal prosecutions often
depend upon the conduct of the criminal investigator at the scene of the
offense. It is unquestionable that the foundation for successful prosecution
is an accurate and thorough investigation. Something more than the mere
collection of evidence is required to support a successful prosecution.
Evidence must be obtained in a way that will be admissible in court.
Basic knowledge of the rules governing admission and rejection. of evidence
is fundamental to the investigator. It is crucial to present a case in which
the court will be presented with enough reliable information upon which to
base a proper decision. The court must have ample information concerning
any physical evidence collected, to include where it was discovered, how it
was collected, how it was preserved and how it relates to the case at hand.
General Rules of Evidence Admissibility
Since evidence is the source from which the judge must form a conclusion
as to the guilt or innocence of an accused person, only evidence which
satisfies the various rules of admissibility is admitted. The court has its own
particular rules relating to admissibility and every investigator and crime
scene specialist should be intimately familiar with them. The primary
purpose of these rules, from an exclusionary viewpoint, is to ensure a fair
and impartial trial for the accused. Generally, the decision of a court cannot
be upheld if it is based upon insufficient or incompetent evidence.
Generally, in order for evidence to be admissible in a court of law, strict
accountability must be established to show where, when and how an item
of evidence was collected. In addition, sufficient testimony must be
presented to establish the chain of custody.
Legal requirements make it necessary to account for all physical pieces of
evidence from the time it is collected until it is presen court. With these in
mind, the following principles should be ob in handling all types of
evidence:
• As much as possible, the evidence should reach th laboratory in the same
condition as when it was found.
• The quantity of specimen should be adequate. Even with the best
equipment available, good results cannot be obtained from insufficient
specimens.
• Submit a known or standard specimen for comparis purposes.
• Keep each specimen separate from others so that there will be no
intermingling or mixing of known and unknow material. Wrap and seal in
individual packages when necessary.
• Mark or label each of the evidence for positive identification as the
evidence taken from a particular location in connection with the crime
under investigation.
• Mark or label each of the evidence for positive identification as the
evidence taken from a particular location in connection with the crime
under investigation.
• The chain of custody of evidence must be maintained Account for
evidence from the time it is collected until it is produced in court. Any
break in this chain of custody may make the material inadmissible as
evidence in court.
Observance of the Chain of Custody
A list of all persons who came into possession of an item of evidence
continuity of possession, or the chain of custody, must be established
whenever evidence is presented in court as an exhibit. Adherence standard
procedures in recording the location of evidence, markings for identification,
and properly completing evidence submission form for laboratory analysis is
critical to chain of custody. Every person handled or examined the evidence
and where it is at all times must accounted for.
• As a rule, all seized evidence must be in the custody of the evidence
custodian and deposited in the evidence room or designated place
safekeeping, and will be taken out only from evidence room for court
presentation on the basis of a court order.
• In other words, the chain of custody of an item is a detailed history of
everything that took place concerning a particular piece of evidence.
• The chain of custody will accurately reflect the date and time every person
ever touched the evidence, or moved it from the point of its discovery.
This will start with the crime scene specialist that collects the evidence and
include every person that may have touched or had possession of the
item, to include every laboratory examiner. In order for the evidence to be
admissible in court, there must be an absolute Accounting of its
whereabouts and access by every person from the time of recovery to its
presentation in court. Anything less could cause the item to be excluded in
Most Courts.
General Rules of Evidence Admissibility
• Evidence to be admissible in our system should be relevant to the issue
and not excluded by the law or the rules on evidence.
• As a general rule in almost every country, criminal prosecutions often
depend upon the conduct of the criminal investigator at the scene f the
offense. It is unquestionable that the foundation for successful
prosecution is an accurate and thorough investigation. Something more
than the mere collection of evidence is required to support a successful
prosecution. Evidence must be obtained in a way that will be admissible
in court.
• Basic knowledge of the rules governing admission and rejection of
evidence is fundamental to the investigator. It is crucial to present case in
which the court will be presented with enough reliable information upon
which to base a proper decision. The court must have sample information
concerning any physical evidence collected, to include where it was
discovered, how it was collected, how it was reserved and how it relates
to the case at hand.
• Since evidence is the source from which the judge must form a
conclusion as to the guilt or innocence of an accused person, only
evidence which satisfies the various rules of admissibility is admitted. The
court has its own particular rules relating to admissibility and every
investigator and crime scene specialist should be intimately familiar with
them. The primary purpose of these rules, from an Exclusionary
viewpoint, is to ensure a fair and impartial trial for the accused. Generally,
the decision of a court cannot be upheld if it is based upon insufficient or
incompetent evidence.
• Generally, in order for evidence to be admissible in a court of law, strict
accountability must be established to show where, when and how an item
of evidence was collected. In addition, sufficient testimony must be
presented to establish the chain of custody.
Professional Working Relationship between the
Investigator and the Forensic Team
• The investigator and scene of crime operation team of experts share the
same objective, which is the collection of evidence to help solve a crime
and prove the involvement of the suspect. Although they have their own
particular roles, they both work toward the common goal of bringing the
offender to justice. They should have a close working relationship that
allows them to freely share ideas, theories and thoughts concerning the
collection of evidence. Neither should feel that they are the primary source
of ideas or theories about the presence or value of potential evidence.
Both in their own right usually bring a tremendous amount of experience
and expertise to the table. It is this combined experience and expertise
that should produce a synergy for success in criminal investigation.
• Crime laboratory personnel are subject matter experts in their areas of
expertise and provide expert testimony regarding the analyses they
conducted, as well as their interpretation of such analyses. Their court
testimony can often have a significant impact in court, particularly when
the case is based primarily on circumstantial evidence.
CHAPTER
BASIC CRIMINAL PROCEDURE
8
Learning Objectives
At the end of this chapter, the student will be able to:
• Define arrest
• Identify the two methods of arrest and explain how both are done
• Enumerate instances when an arrest without warrantis considered lawful
• Explain the hot pursuit arrest
• Enumerate the duties of an arresting officer
• Discuss the procedures of effecting an arrest
• Explain the procedures regarding the arrest of minors
• Define search and seizure
• Discuss the definition, requisites and validity of a search warrant
• Explain the procedures in conducting a search
• Enumerate examples of valid searches and seizures without a search
warrant
It is important for investigators to be aware of basic criminal
procedure and to work within constitutional guidelines and departmental
procedures. This chapter explains some of the more crucial procedures
within the criminal justice system that investigators need to know.
Arrest
An arrest is defined as the taking of a person into custody order
that he may be bound to answer for the commission of an offense. One
of the basic functions of law enforcement is to arrest violators of the law.
An arrest could begin or end an investigation. In some cases, suspects
need to be developed, located and identified before they are arrested,
while other cases begin with an arrest then proceed to identification of
the suspect. An arrest may also occur at any point during an
investigation.
• The following are individuals who are immune from arrest.
• The president of the Philippines
• Senators or members of the House of Representatives, while Congress is
in session, in all offenses punishable by not more than six years
imprisonment
• Diplomatic agents and their domestics under the Vienna Convention on
Diplomatic Relations
Methods of Arrest
An arrest may be made with or without a warrant, although a
warrant is generally preferred because this places the burden of proving
that the arrest was illegal on the defense. Police officers should note the
following procedures regarding these two methods of arrest.
1.With warrant of arrest
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 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
warrants shall be shown to him as soon as practicable.
2. Without warrant of arrest
The officer shall inform the person to be arrested of his authority
and the cause of his arrest, unless the person to be arrested is then
engaged in the commission of an offense or is pursued immediately after
its commission or after an escape, or flees or forcibly resists before the
officer has opportunity to inform him, or when the giving of such
information will imperil the arrest.
An arrest without warrant is considered lawful in the following instances:
• When, in the law enforcer's presence, the person to be arrested has
committed, is actually committing, or is attempting to commit an offense
• When an offense has in fact just been committed, and the officer has
personal knowledge of facts indicating that the person to be arrested
has committed it
• When the person to be arrested is a prisoner who has from a penal
establishment or place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being
transferred from one confinement to another
• If a person lawfully arrested escapes or is rescued, any person may
immediately pursue or retake him without a warrant at any time and in
any place within the Philippines
• When the arrest is made by a bondsman for the purpose of surrendering
the accused
• Where the accused who is released on bail attempts to leave the
country without court permission
• Violation of conditional pardon, punishable under Article of the Revised
Penal Code as a case of evasion of service of sentence
• Arrest following a Deportation Proceeding by the Immigration
Commissioner against illegal and undesirable aliens
A police officer with probable cause, or has reasonable grounds of
suspicion that the suspect committed the crime can also perform a "hot
pursuit" arrest. A hot pursuit arrest must have the following elements:
1. An offense has been committed
2. The offense has just been committed
3. There is probable cause based on personal knowledge of facts or
circumstances that the persons to be arrested were the ones who
committed it.
Duties of the Arresting Officer
The arresting officer has the responsibility to execute the warrant
without necessary delay to arrest the accused and to deliver him to the
nearest police station or jail.
The head of the office to whom the warrant of arrest was delivered
for execution shall cause the warrant to be executed within ten days from
its receipt. Within ten 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.
The specific duties of the arresting officer are enumerated below
(PNP, 2011).
1. It shall be the duty of the officer executing the warrant to arrest the
accused and deliver him without delay to the nearest police station or
jail for the recording of the fact of the arrest of the accused.
2. At the time of the arrest, with or without warrant, it shall be the duty
of the arresting officer to inform the person to be arrested of the
cause of the arrest and the fact that a warrant has been issued for his
arrest (Section 7, Rule 113, Revised Rules on Procedure) and in case
of arrest without a warrant, it shall be the duty of the arresting officer
to inform the person to be arrested of his authority and the cause of
the arrest (Section 8, Rule 113 Revised Rules of Criminal Procedure) in
the dialect or language known to him, except when he flees or forcibly
resists before the officer has the 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.
3. When women or children are among the arrested suspects, the
arresting officer shall task the Women's and Children's Protection Desk
(WCPC) officer or a policewoman who is familiar with women and
children protection desk duties to conduct the pat-down search.
4. The person arrested, with or without warrant, shall be informed of his
constitutional right to remain silent and that any statement he might
make could be used against him. He shall have the right to
communicate with his lawyer or his immediate family. It shall be the
responsibility of the arresting officer to see to it that this is
accomplished.
5. A person arrested without a warrant shall be immediately brought to
the proper police station for investigation without unnecessary delay,
and within the time prescribed in Article 125 of the Revised Penal
Code, as amended (i.e., 12, 18 or 36 hours, as the case may be), shall
be subjected to inquest proceedings under Section 7, Rule 112 of the
2000 Rules of Criminal Procedure.
6. No torture, force, violence, threat, intimidation or any other means
which vitiate the free will shall be used against an arrested person.
The bringing of arrested persons to secret detention places, solitary
confinement (incommunicado) or other forms of detention is
prohibited.
7. If the person arrested without a warrant waives his right under the
provisions of Article 125 of the Revised Penal Code, the arresting
officer shall ensure that he shall sign a waiver of detention in the
presence of his counsel of choice.
8. If the person arrested waives his right against self incrimination and
opts to give his statement, the arresting officer shall ensure that the
waiver shall be made in writing and signed by the person arrested in
the presence of counsel of his own choice or a competent and
independent counsel provided by the government.
9. When transporting suspects to the police station, be sure that no
weapons are retained in their persons that could be used against the
arresting officer, regardless if the person arrested is a noted criminal
or not. It is also a must that the arrested persons be handcuffed to
prevent violence.
How to Effect an Arrest
An arrest is made by an actual restraint of the person to be
arrested, or by his submission to the custody of the person making the
arrest. It may be made on any day and at any time of day or night.
No violence or unnecessary force shall be used in making an arrest,
and the person arrested shall not be subjected to any greater restraint
than is necessary for his detention. (Sec. 2, Rule 113 of Rules of Court).
When making the arrest, the arresting officer should use good judgment
in connection with the arrest and assume that the subject is armed and
will take the officer's life if given an opportunity.
When arresting on the street, it should be made from the side or
rear of the person to be arrested when possible. The subject should be
forced toward a building and the arresting officer should avoid congested
areas when possible.
When arresting at home, office or business establishment, the
arresting officer should restrict the subject's movement and not grant
requests for personal privileges before being searched. Clothing and other
things requested should be examined for weapons or items of evidence
before turning them over to the subject.
Any officer making a lawful arrest may verbally summon as many as
he deems necessary to assist him in making the arrest. Every person so
summoned shall assist him in the making of such arrest when he can
render such aid without detriment to himself (Sec 10, Ibid).
Police officers must remember the following procedures when an
arrest is made:
1. Secure the person arrested, handcuff at the back
• Conduct a thorough search for weapons and other illegal materials
• Inform the arrested person of his rights as provided for in the
Constitution
2. Use reasonable force in making arrest
• Confiscated evidence should be properly documented
• Bring the arrested person to a government accredited hospital for
medical examination
• Bring the arrested person to the police station for documentation
Police officers should also consider the following when making an arrest.
• Use of reasonable force
The force to be used must be one that which is only necessary to
overcome any actual resistance to the arrest. In U.S. vs Mojica, 42 Phil
784 (1922), the Supreme Court ruled that a police officer, in the
performance of his duty, must stand his ground and cannot, like a private
individual, take refuge in flight; his duty requires him to overcome his
opponent. The force which he may exert therefore differ somewhat from
that which may ordinarily be offered in self-defense. A police officer is not
required to afford a person attacking him the opportunity for a fair and
equal struggle.
• Arrest of suspects on board a moving vehicle
In general, vehicles carrying suspected persons may not be fired upon
solely to disable the car. The driver or other occupants of a moving
vehicle may be fired upon only if the police has probable cause to believe
that the suspects pose an imminent danger of death to the police or other
persons, and the use of firearm does not create a danger to the public
that outweighs the likely benefits of its use.
• Rights of the accused under custodial investigation
Custodial Investigation refers to the skillful questioning of a suspect or
a hostile witness to divulge information on the crime being investigated.
The Miranda Doctrine dictates that any person under investigation for
the commission of an offense shall have the right to be informed of his
right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of
counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
Section 12, Article 3 of the Philippine Constitution states that no torture,
force, violence, threat, intimidation or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary,
incommunicado or other similar forms of detention are prohibited.
Any confession or admission in violation of Section 12 and Section 17 of
the constitution which notes that no accused shall be compelled to be a
witness against himself shall be inadmissble evidence against him.
Unless absolutely necessary and only after all other methods of
control have been exhausted and have failed shall handcuffs or other
instruments of restrain be used. Apprehending officers shall avoid
displaying or using any firearms, weapon, handcuffs, or other instrument.
Arresting units shall at all times tell the mug shots and fingerprints
of all arrested persons. Copies thereof shall be submitted to the PNP
Crime laboratory to serve as a master file for the database. Arrested
person should also be tested for possible use of prohibited drugs. It is
also necessary to prepare spot report sworn statement/s of arresting
officers and witnesses, other supporting documents and processing of the
evidence.
Immediately after the arrest of a person ordered arrested by the
court, or of a suspect under investigation, he should be subjected to a
medical examination. Prior to his release or any change of custody,
the suspect should also be medically examined by a medico-legal
officer or, in the absence of such medico-legal officer, by any
government physician in the area.
Arrest of Minors
Republic Act No. 9344 or the juvenile justice act of 2005 states that if
it has been determined that the child taken into custody is 15 years
old or below, the authority which will have an initial contact with the
child has the duty to immediately release the child to the custody of
his or her parents or guardian, or in the absence of thereof, the child
nearest relative.
Said authority shall give notice to the local social welfare and development
officer, if the parents, guardians or nearest relatives cannot be located, or
if they refused to take custody, the child may be release to any of the
following:
• a duly registered non-governmental or religious organization
• A barangay official or a member of the Barangay Council for the
Protection of Children (BCPC)
• A local social welfare and development officer
• The Department of Social Welfare and Development (DSWD)
Further, a child in conflict with the law can only be searched by a law
enforcement officer of the same gender and cannot be locked up in a
detention cell. However, if detention is necessary, the arresting officer
shall ensure that the child shall be secured in quarters separate from
that of the opposite sex and adult offenders.
The taking of statement of the child shall be conducted in the presence of
the following:
• The child's counsel of choice or in the absence thereof, a lawyer from
the Public Attorney's Office
• The child's parents, guardian or nearest relative, as the case may be
•The local social welfare and development officer.
Right of Attorney or Relative to Visit the Person Arrested
Any member of the bar shall, at the request of the person arrested or of
another on his behalf, have the right to visit and confer privately with such
person in jail or any other place of custody at any hour of the day or, in
urgent cases, of the night. This right shall be exercised by any relative of
the person arrested to reasonable regulation.
Executive Order No. 155, dated March 1987, amending Republic Act No.
857, penalizes any public officer who deprives a person of his right to
counsel. The penalty shall be prison correctional or imprisonment of six
months and one day to six years.
Republic Act No. 857 has been repealed by Republic Act No. 7438. The
penalty is now a fine of PhP6,000.00 or a penalty of imprisonment of not
less than eight years but not more than ten years, or both. The penalty of
perpetual absolute disqualification shall be imposed upon the investigating
officer who has been previously convicted of a similar offense.
Search and Seizure
The term search refers to the examination of an individual's person, house,
papers or effects, or other buildings and premises to discover contraband
or some evidence of guilt to be used in the prosecution of a criminal
action. Seizure refers to the confiscation of personal property by virtue of a
search warrant..
Search Warrant
A search warrant is an order in writing issued in the name of the People of
the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and to
bring it before the court.
Requisites for the Issuance of a Search Warrant
A search warrant is issued only upon probable cause in connection with
one specific offense to be determined personally by the judge after
examination under oath or affirmation of the complainant and the
witnesses presented. The search warrant particularly describes the place to
be searched and the things to be seized which may be anywhere in the
Philippines.
The following properties may be the objects of a search warrant:
• Properties which are the subject of the offense
• Stolen, embezzled proceeds or fruits of the offense
• Objects including weapons, equipment and other items used or intended
to be used as the means of committing an offense
• Objects that are illegal per se may be seized under the plain view
doctrine, even if these were not particularly described in the search
warrant.
Validity of the Search Warrant
The warrant must be valid for ten days from the date of issuance and may
be served at any day within the said period. Thereafter, it shall be void. If,
in the implementation of the search warrant, its object or purpose cannot
be accomplished in one day, the search can be continued the following
day, or days, until completed, provided it is still within the ten-day validity
period of the search warrant.
If the object of the purpose of the search warrant cannot be accomplished
within the ten-day validity period, the responsible police officer conducting
the search must file before the issuing court an application for the
extension of the validity period of the said search warrant.
Time of Search
The warrant should be served during daytime, unless there is a
provision in the warrant allowing service at any time of the day or night.
Applications for Search Warrant
All applications for a search warrant shall be personally endorsed by
the heads of the agency for the search of places and the things to be
seized to be particularly described therein.
The application should indicate the following data:
• Office applying for the search warrant
• Name of officer-applicant
• Name of the subject, if known
• Address/places to be searched
• Specific statement of things/articles to be seized
• Sketch of the place to be searched.
All approved applications shall be recorded in a log book
duly maintained for the purpose, indicating the name of
the applicant, name of the respondent, nature of the
offense, and date of the application.
Conducting the Search
A search warrant represents an authorization by the court for officers to
enter a designated location or structure and search for specific items. It
can be useful to a criminal investigator in recovering stolen property, seize
drugs and other contraband, and seize any other type of property used in
the commission of a crime. However, police officers with a search warrant
should still be mindful of procedures when conducting the search.
Authority of Police Officers when Conducting a Search
In the conduct of a search, if after giving notice of his purpose and
Authority, the police officer is refused admittance to the place of search,
he may break open any outer or inner door or window or any part of a
House or anything therein to implement the warrant or liberate himself
any person lawfully aiding him when unlawfully detained therein.
Prohibited Acts in the Conduct of a Search by Virtue of a Search
Warrant
Houses, rooms, or other premises shall not be searched except in the
presence of the lawful occupant thereof or any member of his family or, in
the absence of the latter, in the presence of two witnesses of sufficient age
and discretion residing in the same locality.
Lawful personal properties, papers and valuables not specifically indicated
or particularly described in the search warrant shall not be taken.
Inventory and Delivery of Property Seized
The police officer who confiscates property under the warrant
should issue a detailed receipt of property seized to the lawful occupant
or the premises, or in their absence, at least two witnesses of sufficient
age and discretion residing in the same locality. The receipt should
likewise include items seized under the Plain View Doctrine.
The police officer must then leave a receipt in the place where he
found the seized property and a duplicate copy thereof with any barangay
official having jurisdiction over the place searched. Also, the police officer
must forthwith deliver the property seized to the judge who issued the
warrant, together with an inventory thereof, duly verified under oath.
Valid Search and Seizure without Search Warrant
Certain situations call for lawful searches and seizures without a
search warrant. Police officers must carefully follow procedures when
conducting such warrantless searches and seizures.
Search made incidental to a valid arrest
A person lawfully arrested may be searched without a search warrant for
dangerous weapons or anything which may be used or which may
constitute proof in the commission of an offense. The warrantless search
and seizure as an incident to a lawful arrest may extend beyond the person
of the arrested to include the premises or surroundings under his
immediate control.
Search of moving vehicles
If the police officers who will conduct the search have reasonable or
probable cause to believe before the search that either the motorist is a
law offender or they will find the instrumentality or evidence pertaining to
a crime in the vehicle to be searched, the vehicle may be stopped and
subjected to an extensive search.
Seizure of evidence in plain view
Any object in the plain view is subject to seizure and may be introduced
as evidence. Requirements under the Plain View Doctrine are:
•
The police officer must have prior justification for an intrusion or
must otherwise be in a position from which he can view a particular
area
•
The discovery of the evidence in plain view is unintentional
•
It is immediately apparent to the police officer that the item he
observes may be evidence of a crime, contraband or is a valid subject of
seizure
When there is waiver of the right or there is a consented search
To constitute a waiver of this constitutional right, it must appear first that
the right exists; second, that the person involved had either actual or
constructive knowledge of the existence of such right; and that said person
had an actual intention to relinquish the right.
Searches under the stop-and-frisk rule
The police officer has the right to stop a citizen on the street, interrogate
him and pat for weapons whenever the officer observes unusual conduct
which convinces him that a criminal activity exists.
Emergency and exigent circumstances
A search warrant should be validly dispensed with in cases of exigent and
emergency situations and the police officers have reasonable grounds to
believe that a crime is being committed, and they have no opportunity to
apply for a search warrant from the courts because the latter were closed.
CHAPTER 9
ROBBERY INVESTIGATIONS
Learning Objectives
At the end of this chapter, the student will be able
to:
• Distinguish between robbery and theft
• Enumerate the different types of robberies
• Discuss the process of interviewing robbery
victims and witnesses.
• Distinguish the different profiles of robbery
suspects.
In the Philippines, some well-known robbers
have been glamorized by popular culture as Robin
Hood types such as Nicasio 'Asiong' Salonga, known
as the 'Manila Kingpin'.
This is an outright
misrepresentation given that robbery as a crime is by
nature associated with violence. The most common
targets of commercial robberies are those business
and activities which operate in the evenings or 24/7
and use cash transactions such as convenient stores,
taxis, drug stores, and gasoline stations. Through the
years, Philippine law enforcers a mass media have
made known a number of modus operandi
perpetrated by robbery gangs.
These include but not limited to the following
and their respective descriptions:
a. Ativan - the perpetrators place a sleeping
pill on the victim's drink and they then divest
him of his belongings.
b. Akyat-Bahay - the perpetrators enter the
house and take away all the valuables while the
homeowners are either our of the house or
asleep in the night.
c. Budol-budol – usıng diversionary
tactics, the robbers deceive their victims
by padding fake peso bills into real ones.
d. Operation Vanilla - robbers pose as
taxi drivers then lace their air fresheners
with sleeping drugs. They then rob them
and in some cases molest them.
e. lpit taxi - Criminals squeeze the female
victim inside the taxi where they rob her and
at times molest her too.
f. Dugo-dugo - robbers call the housemaid
concocting a story that her employer figured
in an accident and need some immediate
cash. They then instruct the hapless
housemaid to bring some cash or valuables at
a certain location.
g. Salisi - the victim's attention is distracted
that allows the criminals to take away their
valuables
h. Tutok kalawit - the criminals embrace the
victim then poke a bladed weapon while
leading him to a secluded area where he is
divested of his valuables.
i. Termite or tunneling - to gain access to a
commercial establishment that they intend to rob
such as pawnshops and small banks, robbers drill
through an adjacent area of the establishment.
Source:
http://pnp.gov.ph/portal/?searchword=modus+ope
randi
archphrase=any&limit258orderingnewest&view-search&opncom_scarch accessed on March 2, 2015)
Article 293 of the Revised Penal Code (RPC)
states that a person commits robbery if with
an intent to gain, shall take any persona
property belonging to another, by means of
violence or intimidation any person, or using
force upon anything shall be guilty of robbery.
A criminal investigator must familiarize himself
with the difference between robbery and
theft. Article 308 of the RPC states that “theft
is committed by any person who, with intent
to gain but without violence against or
intimidation of neither persons nor force upon
things, shall take personal property of another
without the latter’s consent”.
Give at both types of crimes involve
economic loss on the part of the victims, it
comes not as a surprise that they are
commonly misreported the law is clear on
their difference; namely, robbery is
perpetrated with the use of violence,
intimidation, and force while theft does not.
Victims and Witnesses
A robbery incident occurs quickly and
involves a high degree of stress for the
victims and is mostly committed in the dark.
As such, victims usually do not make good
witnesses as facial identification is often hard
to come by.
However, an investigator must not rely only on
identification but also focus on asking for details such as
facial
1. Clothing of the suspect
2. Physical marks (e.g, a scar)
3. Characteristics (e.g., a limp)
4. Type of weapon
5. Suspect's accent (if any)
6. Words used by the suspect during the robbery or what is
referred to as the "robber's tale“
The "robber's tale" is important in establishing the modus
operandi as key words and catch phrases could be linked to other
robberies committed by the suspect.
A robbery is a traumatizing experience and victims must be
handled cautiously in order to elicit useful information. It is ideal
that victims and witnesses be isolated from each other and
interviewed separately. Grouping them might lead to agreements
or disagreements to the recounting of the event which might be
augmented and stray from what actually transpired. Group
interviews may be conducted but only after individual interviews
are done. The general objective of a victim and witness interview
is to obtain answers for the questions: who, what, when, where,
why, and how then going into the specifics for each answer.
Robbery Suspect
The following is the profile of robbery suspects according to
Osterburg and Ward (2013):
1. Robbery offenders are likely to commit other street crimes
and commit multiple offenses in a relatively short period of time,
frequently under the influence of alcohol or other drugs.
2. Most robberies involve more than one offender operating
against a single victim.
3. The number of offenders in an offending group is usually agerelated.
4. Younger suspects tend to operate within a geographical radius
of two miles or 3.2 kilometers from their residence.
5. Young robbers tend to fall on certain patterns and modus
operandi.
6. Young robbers tend to act in groups, whereas older robbers
frequently operate alone or with a partner.
7. Older offenders are more likely to plan the act, but the plan is
sometimes no more than "casing" the location.
8. Professional robbers are more likely to be older and to have a
prior arrest record.
9. The professional robber is also much more likely to operate
over a wide geographic area.
10. Professional robbers are more likely to use firearms,
automobiles, masks or disguises, and lookouts- sometimes even
using hand-held radios and monitor police radio frequencies.
Yapp (2010) further details armed-robbery suspect profiles into
professionals, semi-professionals and amateurs:
Professionals
1. Think of himself as a legitimate businessman within an
organization, a job which he takes pride in and indeed a way
of life.
2. Target organizations where the individual present to lose
nothing personally, viewing the encounter as impersonal.
3. Embraces the risk of an offense within the rationality of the
consequences.
4. A professional armed robbery setup consists of a surprise
attack, the presence of a firearm and verbal instructions. Once
victims notice the planned systematic methods of the robbers,
they will readily cooperate and rarely provide any resistance.
5. Due to the levels of meticulous planning, a professional robber
provides evidence of self-control even in unexpected
circumstances in a routine robbery situation.
Semi-professionals
1. They may be relatively competent in the commission of the
offense but do not see their crimes as a way of life.
2. The offenses committed by semi-professionals involve an
element of planning but not the level of emotional control and
systematic processing of a professional armed robbery.
3.Semi-professionals appear to be the most aggressive and
impulsive armed robbers, highlighting the motives of these
individuals as a means of quickly obtaining money, often for
sustaining drug and alcohol addictions.
4. This lack of planning for contingencies and situational
variations could lead to the use of demeaning language, verbal
threats and gratuitous violence during the robbery process.
5. A semi-professional armed robber appears distinguishable
from the professional in terms of a lack of detailed planning,
coupled with thrill-seeking, chaotiç and impulsive behavior. This
suggests that semi-professionals potentially pose a greater risk
of harm to the public.
Amateurs
1. This is the least planned and least successful of all armed
robberies, relying primarily on the element of surprise, an
“ambush”, and high levels of violence.
2. No pre-planning regarding exit strategies or financial
reward were formulated, with the offender relying simply on a
“let’s see what we can get mindset”.
3. Amateurs needlessly brandish weapons and gratuitously
attack victims during the process of the robbery.
4. Amateurs are said to be impulsive individuals, robbing for a
“quick fix” (drugs/alcohol), making no disguises and choosing
their target through desperation.
5. The majority of amateurs appear to work independently and
respond to victim resistance with physical and verbal violence,
threatening to possess a weapon even in circumstances where they
do not.
Conducting the Investigation
a. Physical Evidence
According to Osterburg and Ward (2010), aside from the general
crime scene protection and search measures some specific types of
evidence should be considered in a robbery crime scene:
1. Footprints may be present.
2. Fingerprints may be left in proximate locations.
3. Saliva may be present on discarded facial masks.
4. Body secretions, fiber evidence, or other trace materials may be
present on the victim's clothing if there was a scuffle or the use of
force.
5. When a suspect has been identified or apprehended, trace
material may be present on the suspect's clothing that will link
him or her to the victim or the scene.
6. Physical evidence may be available where a weapon is
recovered. Blood samples, skin or tissue residue, or even tool
marks should not be overlooked.
7. Fingerprints or trace evidence can be left on the articles
recovered.
b. Records and Other Sources of Information
A robbery suspect might have a prior arrest record and a process
of elimination can be used in these records to narrow the suspect
list. Variables to consider when eliminating suspects using prior
arrest records are the following:
1. Sex
2. Race
3. Age
4. Hair Color
5. Body Marks
6. Clothing
7. Weapon
8. Location
9. Vehicle
10. And if the robbery was
committed alone or by a group.
c. Other records can also be utilized such as:
1. Court Records
2. Prison Records
3. Bank Records
4. Motor Vehicle Records
d. Other sources of information should also be pursued
and these include:
1. Other investigations
2. Information from Patrol Officers
3. Informants
4. Closed-circuit television recordings at and around the crime
scene.
A successful robbery investigation depends heavily on the ability
of the investigator to piece facts together to come up with a
pattern and e modus operandi. When no new leads are presented
it is often the correct approach to research on past crimes and
make connections that enable an investigator to identify and
locate suspects.
Recognizing patterns, geographical locations, victim types, and
in examining the evidence should be the priority of the
investigator in a follow-up activities. Having done this, the
investigator can come up with a modus operandi using the
different variables known to him and can make use of arrest
records to identify similar crimes committed wherein the same
variables appear which can narrow down the suspect list.
CHAPTER 10
RAPE AND OTHER SEX CRIMES INVESTIGATION
Learning Objectives
At the end of this chapter, the student will be able
to:
• Present the legal definitions of rape and other sex
crimes
• Enumerate the different goals in conducting an
interview. with a rape victim
• Distinguish the different evidences that can be
gathered in a rape crime scene
• Discuss the profile of a rape or sex crime offender
RAPE AND OTHER SEX CRIMES
INVESTIGATION
• Cases involving rape and other sex crimes are
difficult to investigate given that victims at times
choose to suffer in silence given that they fear
facing the stigma of being branded a victim. As a
result, it is almost impossible to gauge just how
much of a problem it is given that it is one of
most underreported of violent crimes (Allen,
2007). In the 1990s, incestuous rapes coupled
with the brutal killings of the victims hugged the
headlines of Philippine media.
• This resulted in the imposition of the death
penalty, although it was subsequently suspended.
Article 335 of the Revised Penal Code defines the
crime of rape as having been committed by
having carnal knowledge of a woman under any
of the following circumstances:
1. by using force or intimidation;
2. when the woman is deprived of reason or
otherwise unconscious; and
3. when the woman is under twelve years of age,
even though neither of the circumstances
mentioned in the two next preceding paragraphs
shall be present. This definition was subsequently
amended by Article 226 A of Republic Act No. 8353
or The Anti-Rape Law of 1997 which adds,
4. By means of fraudulent machination or grave
abuse of authority
• It also expands the definition of rape to include:
by any person who, under any of the
circumstances mentioned in paragraph 1 hereof,
shall commit an act of sexual assault by inserting
his penis into another person's mouth or anal
orifice, or any instrument or object, into the
genital or anal orifice of another person.
• Republic Act No. 8353 also reclassifies Rape as a
Crime Against Persons from its previous
classification falling under Crimes Against
Chastity.
• . In addition, Republic Act No. 9262 or also known as
"Anti-Violence Against Women and Their Children Act
of 2004" further details the definition of rape and
provides other types of sexual violence. These
include:
1. Rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim's
body, forcing her/him to watch obscene publications
and indecent shows or forcing the woman or her child
to do indecent acts and/or make films thereof, forcing
the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the
abuser;
2. Acts causing or attempting to cause the victim
to engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical
or other harm or coercion;
3. Prostituting the woman or child.
Other types of sex crimes are:
1. Cybersex - According to Republic Act 10175
refers to the willful engagement, maintenance,
control, or operation, directly or indirectly, of
any lascivious exhibition of sexual organs or
sexual activity, with the aid of a computer
system, for favor or consideration.
2. Child Pornography - According to Republic Act
9775 - refers to any representation, whether
visual, audio, or written combination thereof, by
electronic, mechanical, digital, optical, magnetic or
any other means, of child engaged or involved in
real or simulated explicit sexual activities
.And Child Pornography under Republic Act 10175
The unlawful or prohibited acts defined and
punishable by Republic Act No. 9775 or the AntiChild Pornography Act of 2009, committed through
a computer system: Provided, That the penalty to
be imposed shall be (1) one degree higher than
that provided for in Republic Act No. 9775.
3. Exposure - According to Art. 201 of the Revised
Penal Code of the Philippines pertains to immoral
doctrines, obscene publications and exhibitions
and indecent shows.
4. Stalking - According to Republic Act No. 9262 refers to an intentional act committed by a person
who, knowingly and without lawful justification
follows the woman or her child or places the
woman or her child under surveillance directly or
indirectly or a combination thereof.
Victims and Witnesses
First contact with a victim of a sex crime is crucial to an
investigation as this would determine the level of
cooperation an investigator gets from the victim. The
initial interview must be conducted by an officer with
training in dealing with victims of sex crimes and must
be done in private. At this point, the victim is highly
traumatized and may not be able to describe the events
in a coherent manner and may not remember exact
details of the assault. It is the job of the investigator to
simply allow the victim to narrate her story without
interruptions and to simply take notes.
Victims and Witnesses
The investigator is advised not to challenge
statements made by the victim and to avoid
accusatory questions such as "Why were you out
that late at night?", "Why did you go to the bar?",
"Why did you wear a dress like that?", or "Why did
you go with that man?" The investigator should
proceed with the interview by asking questions
such as "What happened next?" and be careful not
to as "leading" questions.
• Psychological trauma, embarrassment, and fear
of reactions from family members might cause
the victim to be disoriented, confused and
provide inconsistent accounts. However, it is up
to the investigator to handle the interview with
care and to remember that the victim is going
through a difficult moment in her life and must
proceed with understanding and support.
• In cases where a child is the victim of rape or
sexual abuse the interview must be must be
handled with great sensitivity, care, and most
importantly done together with a trained
professional. Different strategies may be
approached in order to minimize the trauma the
child has experienced and this could be done
through anatomical dolls or through drawings. A
child psychologist or other professionals trained in
handling cases involving sexually abused children
must be present in order to protect the child and
also to allow the investigator to conduct a
meaningful interview.
Goals of Preliminary Interview
• 1. the physical description of the offender or offenders;
• 2. the location or locations where the crime took place;
• 3. the identification of possible witnesses;
• 4. specific actions of the offender that are volunteered
by the victim; 5. circumstances leading up to the
attack;
• 6. information on any weapon or vehicle that may have
been used;
• 7. specific information on the actual location of the
assault (alley way, park, etc.).
Conducting the Investigation
• Physical Evidence
The goal of the crime scene search is to locate evidence that
will:
1. link the victim and the offender to the crime scene;
2. establish that sexual relations took place;
3. establish that coercion, fear, or force was used; and
4. establish the offender's role or activity
• Aside from the general crime scene processing methods used in
various crimes, the investigator should also have access to a
sex crimes investigation kit as physical and biological evidence
can rapidly deteriorate which can hinder the investigation. As
consent of the victim is needed in order to gather this evidence,
it is essential to highlight once again the importance of the first
contact and first interview.
• Dale M. Moreau (1995), provides a list of some of the types of
physical evidence that the investigator should be aware of and
the means of collection and preservation that should be used
with them. These include:
Clothing
All clothing worn by the victim should be obtained and packaged
in a sealed, secure condition. Each item must be packaged
separately to avoid transfer of evidence from one item to
another. Sturdy paper bags can be used for packaging purposes.
Head Hair
>Combing/Brushing
The head hair region of the victim should be combed or
brushed for evidence. This requires an uncontaminated comb or
brush used for the head area only. The comb or brush and
adhering materials are then packaged and sealed.
>Known Head Hairs
An appropriate amount of hair (one to two dozen hairs from
each region sampled) to represent color, length, and area
variation must be obtained. Hairs should be pulled whenever
possible. Known hairs should be acquired after the head hair
combing or brushing procedure is completed. These hairs are
then separately packaged and sealed.
Pubic hairs
>Combing/ Brushing
The pubic region of the victim should be combed or brushed for
evidence. This requires uncontaminated comb or brush for the
pubic area only. The comb or brush and adhering materials are
then packaged separately and sealed.
>Known Pubic Hairs
appropriate amount of pubic hair (one to two dozen hairs) to
represent color, length, and area variation should be obtained.
Hairs should be pulled whenever possible. Known pubic hairs
should be acquired after the pubic hair combing or brushing
procedure is completed. These hairs are packaged separately and
sealed.
>Combing/ Brushing of Body Hair Regions Other Than Head and
Pubic Area
In the event an individual is observed to have excessive body
hair, a separate, uncontaminated comb or brush and appropriate
packaging material can be used to collect any trace evidence that
may be present.
>Vaginal Swabbing
The vaginal cavity should be swabbed to detect the presence of
spermatozoa or seminal fluid. An unstained control sample of the
gathering medium must be retained and packaged separately.
>Oral Swabbing
The oral cavity should be swabbed to detect the presence of
spermatozoa or seminal fluid. An unstained control sample of the
gathering medium is retained and packaged separately.
> Anal Swabbing
The anal region should be swabbed to detect the presence of
spermatozoa or seminal fluid. An unstained control sample of the
gathering medium is retained and packaged separately.
>Microscope Slides of Smears Made from Vaginal, Oral, and Anal
Swabbing
Any such slides prepared for the examination of spermatozoa
should be retained along with the swabs used to prepare the
smears.
>Penile Swabbing
The penis should be swabbed to detect the presence of blood or
other evidence. An unused control sample of the gathering
medium is retained and packaged separately from the swab used
to obtain the penile sample.
>Vaginal Aspirate
In addition' to vaginal swabbing, the vaginal vault should be
irrigated with saline solution. Spermatozoa not obtained through
the swabbing procedure may be recovered in this manner. The
aspirate solution is placed in a separate tube or small vial. A
control sample of the irrigation fluid is also retained and
packaged separately.
>Oral Rinse
The mouth of the person examined can be rinsed in order to
remove spermatozoa not collected via the swabbing procedure.
The rinse is expectorated into a tube or vial. A control sample of
the rinse is retained and packaged separately.
>Nasal Mucus Sample.
This type of sample is acquired by having the individual being
examined blow his or her nose on cloth. The mucus may contain
spermatozoa that were deposited in the mouth or the facial area.
An unstained portion of the cloth is needed as a control sample.
>Fingernail Scrapings
Using appropriate materials (such as a flat wooden toothpick),
the areas underneath the fingernails should be scraped for
significant debris such as hairs, fibers, blood, or tissue. The
gathering implement is retained. It is suggested that each hand
be scraped individually and the resulting debris packaged
separately.
Miscellaneous
>Debris Collection
Evidence substances not included in the previous discussion can
often be observed during the examination of a person. Several
individually packaged swabs or sections of cotton cloth should be
availabie to collect such items as blood or semen found on the
skin. Additionally, several separate containers should be included
to collect debris taken from the clothing or body of the individual.
>Known Blood
Blood should be drawn (by medical personnel) into or a sterile
test tube for blood grouping purposes. A minimum of 5 milliliters
is recommended-preferably without the inclusion of a chemical
anticoagulant preservative.
>Known Saliva
Saliva should be sampled from the person to assist in the
determination of secretor status. An unstained control sample of
the gathering medium is retained and packaged separately.
>"Catch' Paper/Cloth
A section of paper or cloth should be provided which the person
(victim and suspect) can stand while undressing. Additionally, a
separate piece of paper or cloth can be used to cover the
examining table to collect any evidence that is dislodged during
the examination. Such paper or cloth is carefully folded, marked,
and sealed in a suitable container.
Records and Other Sources of Information
As with all criminal investigations, the use of records to gather
information in helping to make new leads and identify suspects
should be ingrained in the process of the investigator. Past
modus operandi similar to the current case can prove useful in
narrowing down the suspect, as well as, geographic location,
physical description of the suspect, and prior arrest records. If
another crime accompanied the rape such as robbery or theft
then it is possible that the offender committed rape as a "crime
of opportunity".
• The nature of the attack can also lead to past crimes wherein
the same words were used to address the victim, weapon used
for intimidation, time of day, and other actions done during the
crime. All of these can be found in police records. It is difficult;
however, to identify the exact motive for committing sex crimes
as each offender has their own specific motive in doing the
offense. It is useful for the investigator to know that rape is
rarely done with the motive for sexual gratification as it is more
associated with the need to exert or project power.
Profiling Offenders
• Studies of the FBI have shown that many held assumptions
regarding rapists are inaccurate: many rapists are married, they
are not oversexed, they are not necessarily women-haters,
most are employed and their intelligence level varies
significantly. The majority of rapists do not have mental
disorders; however, all of them have deeply rooted
psychological problems.
Ressler, Burgess, and Douglas (1988), provides a checklist in
profiling sex offenders:
1. Personality Characteristics
2. Race
3. Age
4. Arrest History
5. Marital Status
6. Residence
7. Education
8.Military History
9. Employment
10. Transportation
11. Appearance and Grooming
• The profile checklist is interpreted or filled using victim and
witness interviews, evidence, method of attack, time of day,
geographic location, words used to address the victims and
other variables surrounding the crime. A profile is never truly
accurate; however, it may provide the investigator with a new
line of questioning and possibly new leads. Once the profile is
completed the offender then can be classified which, in turn,
could help investigators idéntify links to past offenses of similar
modus operandi or the victim type 'the offender targets.
Burgess, Groth and Holmstrom (1979), identifies the following
classification of sexual assaults:
1. Power-assertive rape, in which the rapist regards his act as an
expression of his virility, mastery and dominance;
2. Power-reassurance rape, in which the rapist is trying to resolve
doubts about his sexual adequacy and masculinity;
3. Anger-retaliation rape, committed as an expression of hostility
and rage toward women; and
4. Anger-excitation rape, in which the rapist finds pleasure in the
suffering of his victim.
• An investigator on a case involving sexual assault should remain
objective and logical and not let personal emotions interfere
with the investigation. The investigator must balance the
understanding and care towards the victim while remaining
unemotional when dealing with the suspect. Adding emotions to
an investigation generally leads to mistakes and overlooked
evidence or line of inquiry.
• When a suspect has been identified, the alibi provided, if any,
must be thoroughly checked by the investigator and a review of
the information that might corroborate the suspect's statements
must be made. The use of police sketches, computerized
graphics, photographs, and line-ups can be of particular use to
the victims in identifying the suspect or, in providing his
description but it must be made cautiously as eye-witness
identification is often unreliable.
• As the case progresses more evidence and information will
come to light, it is therefore the investigator's responsibility to
have an organized filing and recording system in order for
information retrieval to be efficient. An evidence review, going
back to the crime scene, and examining photographs records,
and laboratory reports should be part of the investigators
process.
CHAPTER 11
Death Investigations
Learning Objectives
At the end of this chapter, the student will be able to:
• Differentiate cause of death from manner of death
• Discuss the legal definition of homicide according to
the Revised Penal Code
• Enumerate and explain the areas that an investigator
should focus on during a suicide investigation
• Explain and differentiate accidental, natural and
undetermined deaths
• Discuss the considerations that an investigator should attempt
to determine in death cases
• Explain the different changes in the body after death
• dal and their significance in death investigations
• Discuss the techniques and considerations in investigating
deaths related to gunshot wounds, stabbing, beating or
bludgeoning, strangulation, and poisoning.
Cases involving death are among the most difficult types of
investigations associated with law enforcement. This type of
investigation requires the use of all available investigative skills and
techniques. The investigator should approach every death
investigation with an open mind and without preconceived ideas about
what took place prior to the investigator's arrival.
What may appear to be an accident may, in fact, later
prove to be a suicide. A death that may appear to be a suicide
may later prove to be a homicide, or the result of an accident.
Many times, the investigator may not know what actually
happened until all of the evidence has been collected and
evaluated in the case.
Murder and homicide are serious offenses that can be
committed. This seriousness is reflected in the Revised Penal
Code wherein such offenses carry the most severe penalties
including life imprisonment.
Therefore, it is appropriate that the investigation of a
death be thorough, professional and unbiased. To accomplish
these goals, the investigator must be well versed in the various
types of death and the appropriate use of technical skills and
expertise to correctly determine what actually occurred before
death.
Investigators should maintain a controlled attitude and emotion in
order to ensure a thorough and professional investigation. The conscious
and subconscious reactions to violence and brutality of an investigator
can affect the investigation to a point that good judgment is transformed
into complete confusion. They must be cool, calm and detached positive that evidence will be located if time and effort are expended in a
professional and methodical processing of the scene.
Manner of Death
Law enforcement personnel are required to respond to
numerous situations in which a body has been found. One of the first
tasks is to determine what type of death the investigator is dealing with.
In the medico-legal sense, death is defined as the complete and
irreversible cessation of heart and lung activity.
In the book Legal Medicine, PSUPT Ruby Grace Sabino-Diangson
(2015) distinguished the cause of death and the manner of death as
follows:
• The cause of death refers to the diseases or injuries considered
responsible for the death. For example, a physician can diagnose the
cause of death as strangulation, gunshot wounds or injuries resulting
from a vehicular accident.
• The manner of death refers to the means or circumstances by which
the cause of death occurred. The manner of death could be homicide,
suicide, accident, natural, therapeutic complication or undetermined.
For example, lawyers and police investigators can determine that
suicide was the manner of death in a strangulation case, or that
homicide is the manner of death caused by gunshot wounds.
All deaths should be investigated as a homicide until the
evidence determines a different type of death. The circumstances
surrounding the death and the initial statements of the reporting
parties can also be used to determine the direction of the initial
investigation. Investigators should always be open to changing
the direction of the investigation, depending upon the
information uncovered in the course of the investigation.
Homicide
Homicide refers to the killing of one person by another. It
is not synonymous to murder, which refers to unlawful killing with
criminal intent. Hence, all murders are homicides, but not all
homicides are murders.
Criminal investigators encounter death in many ways and
they have to be clear in identifying how to best describe the
crime based on the law. The Revised Penal Code (RPC) of the
Philippines clarifies the following distinctions regarding crimes
against persons:
• Article 246 Parricide- any person who shall kill his father,
mother, or child, whether legitimate or illegitimate, Any person
who shall kill his or any of his ascendants, or descendants, or
his spouse, shall be guilty of parricide.
• Article 248 Murder Any person who, not falling within the
provisions of Article 246 who kills another, shall be guilty of
murder if committed with any of the following attendant
circumstances:
1.With treachery, taking advantage of superior strength, with the
aid of armed men, or employing means to weaken the defense or
of means or persons to insure or afford impunity
2. In consideration of a price, reward, or promise
3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a street car or
locomotive, fall of an airship, by means of motor vehicles, or with
the use of any other means involving great waste and ruin
4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public calamity
5. With evident premeditation
6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse
• Article 249 - Homicide-Any person who, not falling within the
provisions of Article 246, who kills another without the
attendance of any of the circumstances enumerated in Article
248, shall be deemed guilty of homicide.
Depending upon the circumstances, homicide may be
criminal or justinable. When homicide occurs as a result of or
during the course of a criminal act, the law presumes all
homicides to be committed with malice aforethought and thus to
be murder. When a life is taken of another human in self-defense,
defense of another or as a result of court order, it is considered
justifiable homicide. Justifiable homicide carries no penalty since
the law presumes that a crime did not occur.
In majority of homicides, the perpetrator knows the victim
and the death occurs as a consequence of identification to
eliminate the witness or sometimes during a heated argument as
the result of some type of emotional event.
Suicide
Suicide is defined as the deliberate termination of one's
own. It can he committed by shooting, stabbing, poisoning,
burning and suicides are sometimes made to look like accidents.
There may be signs and indications that the death was
intentionally inflicted by the deceased. However, outward signs of
suicide are not always present. For example, a person who
commits suicide by ingesting an overdose of narcotic pills may
show no outward signs revealing the cause of death. On the
other hand, a victim that chooses to commit suicide by hanging
or with a firearm, will most assuredly leave obvious clues behind.
There are four areas that an investigator should focus on during
suicide investigation:
There are four areas that an investigator should focus on
during suicide investigation:
1. Reconstruction of the Scene
The investigator should attempt to reconstruct the scene of
the suicide to help determine if the deceased would have been
able to take the steps required to end his or her life. The mental
state of the deceased should be taken into consideration while
examining this aspect of the case. The investigator should also
be careful not to make assumptions unless they are supported by
evidence.
2. Instrument of death
When investigating a suicide, the investigator should
always locate the instrument used to cause the death. An
absence of this instrument may be an indicator that the case
could be a homicide. However, the investigator must also keep in
mind that families sometimes move items without thinking, or
purposely hide them in an attempt to cover up a suicide. The
family may not want to endure the stigma attached to a suicide
in their family or may want to avoid an insurance company from
denying them the financial settlement since the death was
caused at the victim's own hands.
3. Motive
The motive of the deceased should always be considered.
by the investigator at the scene of a suicide. The investigator
should attempt to deduce the person's motive from a study of
the victim's behavior. It may be determined that the person had
no motive to kill themselves and that numerous circumstances
were present to deter the individual from committing suicide.
4. Suicide note
Leaving a suicide note is the classical way to express an
end to one's own life. However, finding a suicide note does not
automatically prove that the person killed himself. The note
should be closely examined with a great deal of skepticism.
Additionally, the absence of a suicide note does not,in turn, rule
out suicide.
Accidental Death
Accidental death refers to the unintentional death of a
human. These deaths can be caused by carelessness or
inattention on the part of the deceased, such as a person who
falls off a roof while doing repair work, or falling overboard from
a fishing boat and drowning. Some of the most common causes
of accidental death include drowning, asphyxia, fire, electricity,
drug abuse and firearms.
It is possible that an apparently accidental death can actually be a
suicide or a homicide. For example, a person can jump or be pushed
from a roof or in front of a vehicle or can voluntarily or involuntarily
take an overdose of pills.
Death by Natural Causes
Deaths by natural causes are often the result of old age or
disease, Usually there is a doctor in attendance during or close to the
time of death, or there is a known medical history of the deceased.
The cause of death is generally known and there are no indications of
violence or foul play. It can be either attended or unattended death.
Undetermined death
Occasionally there are circumstances where the type of
death may remain undetermined, regardless of the investigative
efforts. Such cases may occur when a body that is found has
been badly decomposed. All trace and physical evidence may be
gone and the investigator or forensic pathologist is unable to
determine the exact cause or circumstances surrounding the
death.
Conducting the Investigation
Investigative Considerations
When conducting a death investigation, the investigator
should attempt to determine if certain events took place in
conjunction with the death.
• Was the body moved? The body may have been moved prior to
the investigator's arrival for any number of reasons, ranging
from attempts to hide the actual cause of death to actions on
the part of responding officers or medical personnel to save the
victim's life or determine the cause of death at the scene. The
investigator must conduct thorough interviews of all responding
personnel to determine actual body position at initial arrival.
• Was the body washed? As in the case of moving the body prior
to the investigator's arrival, bodies have been known to have
been washed prior to either the investigator arriving at the
scene or the performance of the autopsy. The investigator must
ensure that the body is processed for trace evidence and that
preliminary medical examinations are conducted prior to the
cleaning of the body in preparation for a detailed autopsy. If
this is not done, valuable pieces of trace evidence may be lost.
• Was evidence moved? The investigator must know the original
position of every item at the crime scene. That is why the crime
scene must be completely photographed as soon as possible
before anything is moved. The movement of what appears to
be insignificant items at the scene may affect the interpretation
of the events that occurred during the commission of the crime
because the resulting position of the moved item does not fit
the scenario established by the rest of the crime scene.
As with the movement and washing of the body, the movement
of evidence at the crime scene can be done for numerous
reasons. Some are malicious, while others reveal innocent efforts
to render assistance to the victim.
• Were there any known threats to the victim? The existence of
known threats to the victim will assist in the determination of
the type of death being investigated. Repeated, known threats
may indicate a homicide, while the death of a well liked victim
would initially lead the investigator to explore an accidental or
suicide-type death investigation.
• Were there signs of forced entry? Signs of forced entry indicate
acts of violence which would initially lead the investigator to
explore homicide as the type of death being investigated.
• Were doors and windows locked from the outside? If the doors and
windows were locked from the inside, precluding anyone from
entering the room, the investigator should explore suicide or an
accidental cause as the type of death being investigated. It would be
unlikely for a perpetrator to enter a room, commit the homicide, and
leave the room while locking the doors and windows behind them.
People who are determined to commit suicide do not want to be
interrupted in their attempts. Therefore, they will limit access to the
area they are using during their attempts.
• Were there pools of blood or other impression evidence? Gunshot
and stabbing deaths can generate large quantities of blood that may
be transferred to the perpetrator. During the struggle or as the
perpetrator is leaving the crime scene, it is highly likely that the
perpetrator would have transferred some of this blood to other areas
of the crime scene in forms of impression evidence. Suspect
footprint and fingerprint impressions of blood transfers are very
common at the scene of homicides which generate large quantities
of blood.
Investigative Activities in a Homicide
Osterburg and Ward provides a checklist of investigative
activities in a homicide as provided below. It can be used
supplementarily to the Investigator's checklist as provided in the
PNP Field Manual Investigation Of Crimes Of Violence And Other
Crimes (2011).
1. Record crime scene (photographs, sketches, notes).
2. Recognize, collect, and preserve all physical evidence. To
facilitate reconstruction of the crime. To link a suspect to the
victim, crime scene, or both. To identify a substance (poison,
narcotic, blood, semen), or an object (bludgeon, gun) in order to
locate its source and trace its owner.
3. Identify the victim.
4. Establish the cause, manner, and time of death.
5. Ascertain the motive for the crime. From the way the crime
was committed-using evidence at the scene, and trauma inflicted
on the victim for psychological profiling. From those who had
knowledge of the victim's activities (social, familial, business).
From documents written by or sent to the victim-diaries, letters,
or documents relating to financial or business dealings of the
victim.
6. Seek additional information. Interview people to check on the
background and activities of the victim; obtain leads from those
who knew the deceased; seek a possible informant; consider
surveillance in some cases. Examine records to ascertain
business interests of the victim; trace source of murder weapon
through manufacturer's records or firearms registration records.
Review intradepartmental electronic communications on a daily
basis. Scan the police information network for possibly related
criminal activity in other jurisdictions.
Check on previous arrests to compare modus operandi. Obtain
exemplars from any suspect (or from his or her home, garage,
vehicle, etc.) for comparison with similar physical evidence
discovered at the crime scene.
7. Question suspects (after administering Miranda warnings).
Allow suspects to make any statement they wish, including those
that are exculpatory. Check any statement in regard to suspect's
knowledge of what happened in order to compare it against facts
revealed through reconstructing the event,using available
autopsy and physical evidence. The forensic pathologist can be
very helpful in reconstructing the event; this should be attempted
early in the investigation, preferably within the first 48 hours in a
conference involving all investigators and technical personnel.
Obtain an admission or a confession. During questioning, make
use of forensic laboratory reports and other evidence of guilt that
link the suspect to the crime.
Motive
Motive is important in determining the possible suspects in
a homicide. It is often that a relationship exists between victim
and perpetuator and an investigator understanding this
relationship can determine the motivation behind the crime.
Further investigation can reveal links between persons through
the possible motivations and thereby focusing the suspect list by
either eliminating suspects or in developing additional evidence
to support guilt.
Categorizing Motives
The following list covers most of the apparent reasons that impel
one person to kill another. Sometimes it can be a combination of
motives:
1. Financial gain - A killing done in expectation of financial gain.
Examples include: the killer being the beneficiary of a will or insurance
policy and the businessman who stands to gain profit from the death of
an associate.
2. Sexual gratification - The classic example of sex as a motive for
homicide is lust. An example is a husband wanting a younger mate kills
his wife.
3. Apparently sex-connected homicides - a targeted killing of either
gender, or of homosexuals. Sadism to the point of death is also an
example. Another example would be a killing done during or after sex,
however, the primary motive is usually to ascert power rather than
sexual gratification.
4. Emotional factors - Strong emotions-anger, jealousy, revenge, envy,
hatred-can provoke a person to commit murder. An example would be
a wife finding a cheating a husband with his lover in the act of sex, a
quarrel or an altercation that has passed dispute, and a broken nuptial
engagement.
5. Self-protection - is a killing done to silence a victim in order
remove an eye-witness or a potential informant. It is also a killing
done due to the victim interrupting the killer while he or she is
committing a crime.
6. Removal of an inconvenience or impediment is a killing
done to remove an obstacle, an example would be the killing of a
blackmailer, an unwanted child, or a parent preventing his child
from taking over the family business.
7. Apparently motiveless crimes - There are two distinct
kinds of homicide that appear motiveless or senseless: those of
stranger killing stranger and those in which a person other
than the intended victim is killed.
8. "Thrill" killing a killing carried out by the perpetrator simply
"for the fun of it".
Determining Motive
Aside from understanding the motivation behind a homicide
it is, of course, necessary to understand how an Investigator
ascertain motive. There are three sources of information from
which motive can be acquired: Crime Scene, People, and
Records.
Crime Scene
The physical evidence found in the crime scene can provide
an investigator an idea of the motivations behind a crime as he
can identify similarities between past investigations and can
thereby provide assumptions. Creating a profile of the offender
from the evidence provided in the crime scene can also point to
the motive.
People
Family, friends, business associates are the most productive
resource in providing information for motive. Even the victim can
be a source of information that provides motive when a thorough
background check is done. Interpersonal relationships as well can
point to motive and the investigator can give a determination, a
list of people harboring such a motive can help the investigation
by narrowing the suspect list in considering who had the
opportunity, means, and temperament to commit the crime.
Records
Records can point to motive. Financial gain can be
determined through bank records, insurance policies, and wills.
Disputes requiring. a police response can also lead to motive with
emotional factors.
The Crime Scene as the Focus of the Investigation
Homicide crime scenes are a rich source of physical
evidence. A thorough search of the scene and identification of
evidence must be done in order to get most out of it. There are
times that a single search is only possible due to location such as
condemned and deteriorating buildings or due to adverse
weather conditions. An investigator, therefore, should maximize
the initial crime scene search and the crime scene processing.
At the beginning of the homicide investigation, the crime scene is
where essential questions revolve such as:
1. Is this an unlawful homicide?
2. Is this a homicide disguised as a suicide?
3. Who is the deceased?
4. What was the motive for the killing?
5. Is there physical evidence present that may link the killer to
the crime scene or the victim or could be useful in
reconstructing the crime?
6. What happened and/or how was the crime committed?
Reconstructing What Happened
In order to reconstruct a crime scene it is important that
detailed notes are made, sketches, photographs and video are
taken. This is to help reconstruct the crime scene in detail and
accurately.
Computer-Aided Design (CAD) systems has become
common in the reconstruction of the crime scene as it gives a
visual model tha can be manipulated to test varying theories and
hypotheses.
A number of factors typically contribute in the recreation of
the crime scene such as firearms and blood evidence. Other
factors to b considered are the time of day the event took place,
how certain object have fallen or moved, and other causes which
led to the crime are being what it is upon investigation.
The Body as the Focus of the Investigation
With careful analysis of the body, certain questions can be
answered which can help in reconstructing the crime scene. An
experienced pathologist can even provide a profile of the killer by
the manner in which the perpetrator dealt with the body, the
intensity of the blows, or their location, and the manner by which
they were inflicted.
Changes in the Body after Death
Immediately following the death, changes begin in the
human body. Some of these changes are quite noticeable, while
others are subtle and become progressively more noticeable as
time passes.
Medically, death is determined by the cessation of three
vital functions: heartbeat, respiration and brain activity. The first
two signs are usually noticeable even by persons who are no
medical professionals. Outward signs of death include lack of
breathing, lack of heartbeat, lack of flushing of the fingernail bed
when pressure is applied and then released, and failure of the
eyelids to close after being gently lifted. Cessation of respiration
is generally the first noticeable sign of death. However, in cases
such as narcotic overdoses, breathing can be so shallow that it is
undetectable. Therefore, the investigator should always listen for
a heartbeat and feel for a pulse.
Post-Mortem Cooling
After death, the human body begins to cool and is usually
cold to the touch. This is called post-mortem cooling or algor
mortis.
Body temperature can sometimes be used by investigators to
help estimate the time of death. However, the investigator should
always remember that estimating the time of death is seldom
completely accurate without eyewitnesses. There are a number
of factors that can alter the temperature of a body following
death that can result in an inaccurate estimate. The investigator
or medico-legal officer can estimate the number of hours since
death using a formula that is usually fairly accurate when the
time of death is believed to be less than 24 hours.
The greater the difference between body temperature and
the environment (air or water temperature), the faster the body
loses heat. Therefore, the rate of body heat loss is slower when
the temperature of the body nears the environmental
temperature.
Post-Mortem Lividity
Post-mortem lividity or livor mortis refers to the discoloration of
the body or the settling of blood to the dependent parts of the body
after death. When death occurs and the heart stops beating, the blood
no longer circulates and gravity drains the blood to the body's lowest
levels. This causes a dark blue or purple discoloration of the body.
Lividity will not appear to a portion of a body in firm contact with the
floor or a supporting surface since blood vessels in these areas are
compressed and prevent blood from entering and staining body tissue.
Post mortem lividity may develop as early as 30 minutes 'after
death and becomes highly pronounced after four hours. A change in
the body's position within several hours after death may cause original
livid stains to partially disappear and new ones to be formed. After
twelve hours, no new livid stains will be produced and the old marks
will remain even if the body is moved or its position is changed.
Once lividity is fully developed and the blood is clotted, the
staining of the tissue will remain even when the position of the
body is changed. Therefore, if a body is lying face down, and
lividity marks are observed on the back, and/or rear of legs, it is
reasonable to assume that it was moved after death. Since
lividity is formed by gravity, the stains in this example should be
on the lowest portion of the body, i.e., the chest, front of the
thighs, etc.
Post-Mortem Rigidity
Immediately following death, the body is limp until rigor
mortis sets in. Rigor mortis or post-mortem rigidity refers to the
stiffening of the parts of the body after death due to enzyme
breakdown. Rigor begins in the small muscles, and then moves
downward through the larger muscle groups. This condition can
be noticed three to six hours after death and is normally fully
fixed in 12 to 18 hours (dependent on environmental conditions).
Putrefaction
Putrefaction refers to the process of decomposition
caused by the bacterial degradation of soft tissue. The following
are factors associated with putrefaction.
Environmental factors
Decomposition of a body occurs at various rates following
death. The rate of decomposition will vary depending upon
environmental factors. During life, bacterial activity within the
body is kept under control. At death, these controls disappear
and putrefaction may start and progress in the intestinal tract of
the body. The rate of putrefaction is primarily influenced by the
environmental temperature. The warmer the surroundings, the
more rapidly putrefaction occurs.
Swelling and discoloration
Bacterial action produces a gas that causes swelling and a very
unpleasant odor. The body swells from within due to these expanding
gases and becomes extremely bloated. The body will eventually turn
completely black and become so swollen that race and gender
determination may not be possible.
Investigative Techniques
Identification of the cause of death will help the investigator
determine whether the death was a homicide or a suicide, and
whether the death was an intentional killing or a result of some act of
self defense. There are a number of different means of death
associated with homicides and suicides. The most common of these are
deaths caused by gunshot wounds, stabbing, beating and bludgeoning,
strangulation, and poisoning.
Death by Gunshot Wounds
There are various types of firearms that can be used to
cause death. Whether the wounds are self-inflicted or caused by
another, the physical evidence left at the scene can tell a of
events that happened before and immediately after the shots
were story about the sequence fired. There are situations in
which a person dies from an accidental discharge of a firearm.
This usually happens when the person handling the firearm is
unfamiliar with it, and it discharges accidentally. The physical
evidence at the scene can substantiate these claims or refute
them as fabrications meant to conceal a homicide. Considerations
in investigating a gunshot death include the following:
• Number of shots
The number of gunshot wounds can give information
concerning whether the death was a suicide or a homicide.
Usually, suicide victims will only shoot themselves once or twice.
• Wound location
The placement of fatal wounds can provide information ir
helping to determine whether the shooting was a homicide or a
suicide. As a general rule, fatal gunshot wounds in suicides are
found in the temple area, forehead, chest and mouth in positions
that indicate ease of handling the weapon.
• Distance
The distance between the weapon and the entrance wound
may help differentiate between homicide and suicide. As a rule, a
suicide victim does not want to miss their target; therefore, a
contact wound is common place. Powder burns of the weapon
can be used to help determine the distance on the skin and
residues left as a result of the discharge between the victim and
the weapon when it was fired.
• Angle
The shape of the entrance wound may give additional
information. A round hole indicates an entrance perpendicular to
the surface. An oblong hole indicates an angular entrance. A star
burst pattern is indicative of a contact wound where the
expanding gases from the discharge tear the flesh at the point of
entry.
• Body position
Where the body was found in relationship to the weapon
may help the investigator differentiate between a potential
homicide and a potential suicide. The investigator should always
attempt to determine whether it is reasonable to assume that the
weapon's position in relation to the body is consistent with that
person using the weapon to take his or her life, or whether the
weapon appears to have been placed there after the fact.
• Blood spatter
If the body appears to have been moved, it may indicate a
questionable death. The investigator should attempt to determine
whether the blood spatter evidence for the exit wound is
consistent with the location of the body. The investigator should
also determine whether the location of the pooling of the postmortem blood is consistent with the location of the blood spatter
from exit wounds and whether there is more than one set of exit
wound blood spatter.
• Gender of victim
Women generally do not use firearms as a method of
suicide. If they do, it is rarely in the face. The violence associated
with firearms typically tends to be male-dominated. Therefore, if
a victim of death by gunshot is female, circumstances should be
closely examined to ensure that it is not actually a death by
homicide.
Death by Stabbing
Death scenes caused by laceration or puncture wounds can
tell a story of the events that occurred prior to and immediately
after the death. Stabbing-related homicides tend to be more
violent in nature due to the struggle that ensued prior to the fatal
wounds having been inflicted. Stabbing-related suicide scenes
are usually localized with large amounts of blood released from
the victim. The physical evidence in stabbing deaths will
substantiate the circumstances surrounding the death.
Considerations in investigating stabbing deaths include the
following:
• Number of cuts
The number of cuts in a victim may or may not be significant. It
is not uncommon for a suicide victim to try a number of surface tests
or hesitation cuts before he or she tries the final incision. The number
of wounds in a homicide may give indications of the mental state of
the perpetrator at the time of the stabbing or the type and length of
the struggle prior to the death of the victim.
• Wound position
Wound position provides more information than the
number of wounds. As suicides using firearms, incisions in an
attempted suicide will be found in locations that were easy for
the victim to reach, wrists and throat being most common. As
with the number of cuts, the location of the stab wounds on the
victim may give indications as to the mental state of the
perpetrator and the type and length of struggle prior to the
victim's death. Victims who struggle with their assailants will
show defense wounds on their hands and arms where they tried
to ward off an attack. Incidentally, it is highly unlikely that the
perpetrator came away from the struggle unharmed. Usually the
individual was cut by the weapon during the struggle.
• Cut type and depth
In the case of suicide, there is usually a series of shallow
hesitation cuts and one or two final incisions once the victim
builds up the courage to make the final attempt. These cuts will
tend to reveal more of a slashing or slicing motion. across major
veins or arteries. Cutting wounds in victims of homicides tend to
be more of the puncture variety, where the weapon was thrust or
stabbed into the victimn numerous times. This indicates a crime
of emotional rage, as opposed to the slicing of the carotid artery
or the stabbing of the heart that one would expect in an
execution-style slaying.
• Body position
Where the body was found in relationship to the weapon
will provide the investigator with information to differentiate
between a potential homicide and a potential suicide.
The investigator should determine whether it is reasonable to
assume that the weapon's position in relation to the body is
consistent with that person using the weapon to take his or her
own life, or whether the weapon appears to have been placed
there after the fact.
• Blood splatter
If the body appears to have been moved, it may indicate a
questionable death. The investigator should determine whether
the blood splatter evidence is consistent with the location of the
body and whether the location of the pooling of the post mortem
blood is consistent with the location of the blood splatter.
• Gender of victim
Again, women tend to stay away from the more violent
methods of suicide. However, they are more likely to cut
themselves than shoot themselves.
They will almost never cut the face or throat; using instead the wrists
as the most common location for cutting.
Death by Beating or Bludgeoning
A body that has been beaten to the point of death cannot be
considered a suicide because beating cannot be self-inflicted. The
physical evidence in beating or bludgeoning deaths is essential in
establishing the circumstances surrounding the death and determining
whether the homicide was justified or a case of premeditated murder.
Considerations in investigating a beating or bludgeoning death includes
the following:
Blood spatter
As with shooting and stabbing-related homicides, the blood
splatter evidence can lead to information surrounding the cause
and the nature of the struggle that ensued prior to death. The
number and sequence of the blows can sometimes be
determined through blood spatter analysis.
Bruises
The bruises, impressions, and indentations in the body may
lead to information concerning the type or identity of the object
that was used in the beating. Many times, the object is left at the
scene. Other times, part of the object has been broken off and
remains at the scene without the perpetrator's knowledge.
Death by Strangulation
A first impression of death by strangulation may suggest
that it was a homicide. However, hanging oneself is a common
method of suicide. Considerations in investigating strangulation
deaths include the following:
• Petechial hemorrhage
Blood vessels on the eyes commonly rupture during
strangulation resulting in petechia (small red spots) on the whites
of the eyes and inner eye lids.
• Hyoid bone
This bone is located in the neck and is normally found
during an autopsy. If the hyoid bone is fractured, death was
generally caused by strangulation.
• Body position
Where the body was found provides the investigator with a
great deal of information. Signs of a struggle would indicate a
possible homicide.
• Ligatures
What was used to perform the strangulation and how it
was used will provide information concerning the type of death.
If the knot was positioned in such a way that the victim could
have reasonably tied it him/herself, it may indicate a suicide.
• Lividity
In a hanging victim, the lividity will be in the lower arms
and legs. If the lividity of this same hanging victim is in the back
and shoulders, the investigator should be asking why, because to
have the lividity in the back and shoulders, the body's feet would
have to be above the head. The lividity could not occur in the
back and shoulders if the victim died while hanging with their
head above their feet.
Death by Poisoning
Poison-related deaths do not involve the violent scenes
associated with some shooting, stabbing or bludgeoning scenes.
However, of all the types of death investigation cases, poisoning
is probably the most perplexing. There are numerous reasons
why a person will die from something that is ingested.
A person may die as a result of something that was placed into
his or her food or drink or as the result of food poisoning by
eating food that was stored improperly. They may also commit
suicide by intentionally overdosing on medication or ingesting or
inhaling toxic chemicals.
Considerations in investigating poisoning deaths include the
following:
• Type of poison
The type of poison used can only be positively determined
through a toxicological screen of the blood and/or urine. The
investigator needs to determine who had access to that particular
type of poison.
• Containers
Information such as whether there were containers found
near the body or near where food or drinks were prepared, and
whether there were any syringes found in the area will help the
laboratory know which type of drugs and/or chemicals to test it
for in the food and in the blood of the victim.
• Food and drink
Food and drink are common ways of introducing poison to
a homicide victim. Food is also a common source of botulism and
salmonella, which can lead to accidental food poisoning deaths.
Therefore, all food and drink in the area should be tested for the
poison that was found in the body and/or signs of botulism and
salmonella.
• Gender of victim
Women are far more likely to commit suicide using poison than
men.
Autopsy
An autopsy should be performed on all victims of suspicious
deaths to ascertain the exact cause of death. If at all possible,
the bodies should be processed for trace evidence at a facility
where autopsies are normally performed in order to provide a
clean environment in which to process the body and clothing,
and to prevent contamination and loss of any physical evidence.
When preparing the body for release from the crime scene, the
body should be wrapped in a clean white sheet before being
placed into the body bag. This ensures any trace evidence which
may fall off the body is trapped inside the sheet. Body bags
should only be used once and destroyed.
Witnesses and Other Sources of Information
Family members, friends, business associates, and social
acquaintances are the most common and basic sources of
information for an investigator to elicit the following:
1. The suggestion of a motive for the crime.
2. The naming of a suspect or suspects and providing the
reasons for such charges or beliefs.
3. Describing the usual activities and habits of the deceased
which allows his or her movements to be traced at the time of,
and just before, the death.
The last person to see the victim alive may provide valuable
insights: Was the deceased's state of mind apparently normal?
Did he or she seem depressed, anxious, or agitated? Does the
last person to talk with the victim recall any pertinent remarks or
expressions of concern?
Canvassing
Canvassing is a method to gather witnesses and is
generally conducted in the vicinity of the crime scene. However,
for homicide investigations the places the victims visited prior to
his or her death should also be canvassed for witnesses in order
to better understand and reconstruct the events leading up to
and surrounding the homicide.
Informants
It is not uncommon for homicide suspects who have
escaped the hands of justice to brag or tell stories of the crime in
social gatherings or in bars. As they have evaded capture from
authorities provided them a sense of security and invulnerability.
It is at this point that informants who overheard or were part of
the conversation are available for use.
There are various motivations for an informant to present himself
or herself and most common of which is the reward money,
sometimes it is to gain favor with the police for leniency in a
crime they have also participated in or for revenge on the
perpetrator.
Questioning Suspects
Depending on the evidence the investigator has, the
suspect can either be interviewed or interrogated.
If there is no sufficient evidence and the suspect was
merely named based on suspicion and no charge can be given,
the usual recourse is an interview. Its purpose is to know where
he or she is at the time of death, if he or she has an alibi, and if
there are other information about the crime he or she can
provide.
If there is sufficient evidence on the suspect then the
procedure shifts to an interrogation.
Its purpose is to know what the suspect is willing to divulge
regarding the crime and the connection between the suspect and
the crime scene..
When sufficient evidence has been built on the guilt of the
suspect, the purpose of the interrogation shifts to acquiring
admission or a confession.
Records and Other Sources of Information
Significant efforts must be expended to discover the
existence of records as they provide information on and insight
into the motive behind the crime, tracing the origins and
ownership of the murder weapon, and documenting the activities
of both the victim and the suspect.
Documents not maintained by law enforcement agencies are also
crucial to the investigation. Records such as diaries, letters,
blogs, social media updates can provide answers regarding
motive and activities of the victim.
Other records to be examined are:
1. Unpaid bills
2. Loans
3. Credit problems
4. Bank accounts
5. Employment
6. Business transactions
7. Tax records
8. Insurance policies
9. Wills
10. Medical records
11. Psychiatric records
12. Military records
Recanvassing locations identified in the initial investigation
as the places the victim went prior to death is an option when
more witness accounts are needed in order to proceed with the
case.
Constant monitoring of other cases looking for similarities
in modus operandi is another avenue for an investigator as this
can perhaps identify the suspect or suspects.
Other records not stated in the previous section such as arrest
records or suspects with similar modus operandi, firearms
evidence reports, fingerprint files, and so on also need to be
examined.
In summary, death cases are among the most complicated
investigations in law enforcement and generally require a wide
range of investigative techniques and skills. There are five basic
types of death that are generally encountered by the criminal
investigator: homicide, suicide, accidental, undetermined and
natural causes. The investigator must be able to approach the
scene of any of these deaths with an open mind and be able to
properly assess the various evidence and clues that have been
left behind. Care must be taken not to jump to conclusions and
the medical examiner should be consulted as the autopsy takes
place. Through a combination of evidence found at the scene and
evidence revealed at the autopsy, the investigator and medical
examiner can work together to answer most of the questions
that may surround the death.
TECHNIQUES OF
OBTAINING INFORMATION
AND OTHER
INVESTIGATIVE
STRATEGIES
Learning Objectives
At the end of this chapter, the student will be able
to:
 Enumerate the different terms of Surveillance
 Discuss the process of Investigative Interviewing
and Its purpose
 Discuss the process of Interrogation and its
objectives
 Discuss the purpose of profiling and its
contribution to an investigation
Surveillance
• Surveillance may be described as the
unobtrusive observation of A person, place, or
thing. A “person” can either be the suspect,
family Members and known associates. A “place”
could be the business Establishment of the
suspect, a business establishment he or she
Frequents or the suspect’s house. A “thing”
could be a ransom drop, an Automobile, or any
designated spot.
• Surveillance has both investigative and
preventive functions in police work.
The specific objectives of a surveillance according
to Osterburg and Ward (2010) are:
1. To locate a suspect;
2. To obtain detailed information about the nature
and scope of An individual’s activities as they
relate to suspected criminality;
3. To prevent the commission of crimes such as
arson or robbery;
4. To apprehend immediately those who commit a
crime while Under surveillance.
METHODS AND TERMS OF SURVEILLANCE
• Surveillance - the observation of a person,
place or things generally but not necessarily in
an unobtrusive manner.
• Electronic or Technical Surveillance - the
use of any form of technological or computer
Equipment to monitor the movement or actions
of a suspect.
• Subject – the party under surveillance.
• Surveillant – the person conducting the
surveillance.
METHODS AND TERMS OF SURVEILLANCE
• Tail – to follow and keep under surveillance; a
surveillance.
• Stakeout - also called a plant or fixed
surveillance; here, the surveillant remains
essentially in one position or locale. (The term is
derived from the practice of tethering animals to
a stake, allowing them a short radius in which to
move.)
METHODS AND TERMS OF SURVEILLANCE
• Undercover - an undercover agent who often
gets to know or work alongside the subject. The
term roping describes this situation, and the
undercover agent is said to be planted.
• Convoy - a countermeasure to detect a
surveillance; a convoy, usually a person, is
employed to determine whether a subject is
under surveillance.
• Shadow – to follow secretly; to place a person
under surveillance.
METHODS AND TERMS OF SURVEILLANCE
• Be made – to be detected or suspected of
being a surveillant by the subject.
• Burn the surveillant - when a surveillant's
behavior causes the subject to surmise or know he or
she is under surveillance.
• Close surveillance - the subject is kept under
constant surveillance Also termed tight surveillance,
the aim is not to lose the subject even at the risk of
being "made." Example: an arsonist known through
an informant or a wiretap) who sets out to burn an
inhabited building.
METHODS AND TERMS OF SURVEILLANCE
• Fixed surveillance – see stakeout.
• Moving surveillance – the surveillant moves
about in order to follow the subject.
• Loose surveillance - a cautious surveillance;
also termed discreet surveillance because the
loss of the subject is preferred over possible
exposure. Example: obtaining information about
a subject through tailing his or her associates
when there is a surveillance.
Another
example: a burglary gang ‘casing’ bank to select
their next job.
METHODS AND TERMS OF SURVEILLANCE
• Open surveillance – a surveillance with little
or no attempt at concealment; also termed
rough surveillance, the subject is most likely
aware of the surveillance, but must not be lost.
Example: an important material witness who has
been threatened refuses police protection.
• Mustard plaster - a form of open surveillance;
here, the subject is followed so closely that
surveillant and subject are almost in lock step. It
is tantamount to protective custody.
METHODS AND TERMS OF SURVEILLANCE
• Plant – see stakeout and undercover.
• Tailgating – a form of open surveillance in
which the subject's vehicle is closely followed.
• Mail cover - a method of tracking mail delivered
to a particular person or address
• Bugging - eavesdropping by electronic means,
such as a hidden microphone or radio
transmitter; bug: a device used for such
eavesdropping.
• GPS devise - Global Positioning System device,
a globai navigation satellite system that provides
reliable positioning, navigation, and timing
services.
METHODS AND TERMS OF SURVEILLANCE
• Pen Register - a device that records all
numbers dialed on a telephone; it is generally
installed at the telephone company's central
office.
• Beeper - battery-operated device that emits
radio signals that permit it to be tracked (as it
moves about) by a directional finder-receiver.
Also called GPS device, beacon, transponder,
and electronic tracking device.
• It is easy to mistake a surveillance operation as
separate from other investigative strategies.
However, the investigator must realize that
conducting a surveillance is usually supported by
evidence gathered in crime scenes, suspect
interviews and interrogations, and also affect
interviews and interrogations by introducing
information to the suspect that he or she taught
was beyond the knowledge of the investigator. A
surveillance also provides additional information
to track down leads and to identify suspects.
Investigative Interviewing
• Purpose
– Effectively conducting a police interview is an
essential element in investigations of violent
crimes and other major crime offense.
Interviewing is one of the most challenging
activities of investigation as the investigator
has to interact with different people of
different biases and backgrounds. The
purpose of an investigative interview has
changed over time from extracting
confessions from suspects to a pursuit of
truth.
• The use of the third degree which is a
euphemism for inflicting pain either physical or
mental to extract statements or confessions has
been considered ineffective as such forced
statements are usually false or misleading. It is,
therefore, the goal of the investigator to acquire
information regarding the involvement of the
suspect and the other elements of the crime in
order to get a fuller picture of what has
transpired and base his or her decision-making
on the information provided.
• The PNP Field Manual on Investigation of Crimes
of Violence and Other Crimes defines the goal of
the interview process as that which encourages
ar. open-minded and ethical approach to
interviewing suspects and victims. The aim of
each stage is to increase the quality and
quantity of information gathered from the
interviewee.
• It also provides a checklist in conducting an
interview on Victims or Witnesses and on
Suspects. The list provided below systematically
presents the mindset an investigator should be
in while conducting an interview and the
approach he or she has to take in order to
acquire the necessary information that can move
the investigation forward.
A. Checklist for Interviewing Victims or Witnesses
1.The interviewer must give the interviewees enough
time and space to provide their version of the events.
2. Questions asked must be open and neutral.
3. Avoid any bias that the interviewer may bring to the
interview.
4.The key objective of a witness interview should be to
increase the recall, quantity, without jeopardizing the
accuracy of that information.
5.Witnesses who may disclose essential information in
the investigations need to be treated in a manner that
will maximize the likelihood of witnesses coming
forward for future investigations.
6.Ensure that the experience of the witness is not
a negative one.
7. Recognize the stress of being a witness to a
crime.
8. Recognize the pressure to become involved in
the Criminal Justice System.
9.Ensure the security of witnesses during the
conduct of interview.
10. Be reminded of rules in interviewing women
and children victims.
11. Ensure the degree of confidentiality for women
and children victims.
B. Checklist for Interviewing Suspects
1. Information disclosed by the suspect is a key
stage of the investigation process, and provides
essential information for the development of the
case.
2. It is vital that the evidence be gathered in a
manner
which
ensures
accuracy
and
thoroughness.
3. The electronic recording of interviews or videotapping ensures quality of the interviews.
4.Avoid oppressive tactics during interviews, with
an aim to gather information rather than gain a
confession perse.
• This section of the manual ends by stating that
the checklists are only meant as a guide and not
as a substitute for critical thinking. In some
cases certain items can probably be left out,
while others must be added.
P.EA.C.E. Interview Process
• Complementing the checklist is the P.E.A.C.E
interview processes. P.E.A.C.E. is an acronym
identifying five stages of the interview structure:
Planning and preparation, Engage and explain,
Account, Closure, and Evaluation (Milne & Bull,
1999). The process outlined in P.EA.C.E.
incorporates factors that interviewing officers
should consider when questioning suspects. The
following is a brief description of these five
phases:
1. Planning and Preparation - As with any
operation, careful consideration of facts and a
clear objective is necessary in conducting an
interview. The investigator must understand
what his aims are in the interview, what legal
points he must present, and assess evidence to
make use of. The investigator should also take
note that a legal adviser, appropriate adult, or
even an interpreter must be made available to
the suspect. This will affect the dynamics of the
interview, particularly, if done through an
interpreter of which the investigator must
prepare for.
• 2. Engage and Explain - is rapport-building with the
suspect that aims to direct the interaction with the
suspect to an investigative interview rather than an
interrogation. Rapport-building does not necessarily
begin on the start of the interview, it can be done at
the first instance the interviewer and the suspect meet
or when the interviewer is accompanying the suspect
to the interview room or when visiting the suspect in
his cell. It is also in this stage that the interviewer
notes the well-being of the suspect while in police
custody and provides advice on his right to have an
attorney present and explain the purpose of the
interview and what will follow afterwards.
• 3. Account-Commonly two methods are used to
elicit information during an interview which aims
to maximize the information gathered by
maximizing the interaction between the suspect
and the interviewer:
a. Cognitive Method which gives control of the
interview over to the interviewee and
b. Conversation Management which provides more
control over to the interviewer. As there are
varying personality traits, the use of either
method is left to the interviewer to implement.
Although both approaches can be used for
suspects, it appears that the Cognitive Method is
used more frequently with witnesses and victims
and the Conversation Management approach with
suspects (Milne & Bull, 1999).
4. Closure - this phase ensures that the suspect has
been given enough time and opportunity to provide his
side of the events. This is also the phase wherein he is
told what events will transpire after the interview and
if follow-up interviews will be conducted.
5. Evaluation - this is the phase wherein the
interviewer evaluates the entire process of the
interview and determines if his objectives were met.
He also evaluates the method he used in acquiring
useful statements from the witness victim, or suspect
and the effectiveness of said method.
Challenges in Investigative Interviews
• No two criminals are alike in all instances even if they have
committed the same crime under law. There are multiple
and varying factors to consider when interacting with a
suspect for a crime even if it is known for example that
pedophiles only vary from their victim-type but they are all
similarly sexually attracted to under-aged or prepubescent
children or that white collar crimes are perpetuated by
suspects of average or above average intelligence and are
at least high school graduates. An investigator might
approach an interview with a suspect of a certain crime
type similarly as he had done in the past with a suspect in
the same crime type. However, the investigator must
consider that each suspect has the potential to:
Challenges in Investigative Interviews
1. be different from each other in terms of life
experiences, demographics, beliefs, behavior,
education, and views about the crime committed.
These differences must be taken into account in
an investigative interview in order to tailor the
interview process for the particular suspect;
2. be different at different times depending on the
suspect’s state of mind, mood, characteristic
which must be identified in order to engage the
suspect fully and maximize the interaction during
the interview;
3. behave differently with different interviewers
depending on the rapport built between them,
the gender of the interviewer, or the behavior of
the suspect when interacting with persons of
authority, or interviewers with different
approaches. Understanding how a suspect
reacts to particular interviewer might provide
additional statements from the suspect or
conversely less information might be attained;
5. behave differently across different interviews
and 6. be different during each interview
interaction depending on the circumstances of
each particular interview a suspect may change
behavior upon presentation of new evidence or in
using a different interview method. His answers
might vary and his deceit or impression making
might provide additional insight for the interviewer
and;
7. be different across different environments taking
into account factors such as length of stay under
police custody or appearance in court as examples
which must be recorded by the interviewer and
reexamined and analyzed. (Milne &Bull, 1999)
• The challenge presented by the differences
between suspects and differences of the suspect
himself in varying circumstances is considerable
but understanding and utilizing them to achieve
the objective of an investigative interview is not
impossible. The interviewer must continually
hone his skills and collaborate with other
interviewers to further refine his methods in
order to maintain a fruitful interaction during the
interview of suspects.
Interrogations
• The purpose of an interrogation is to elicit from
the suspect or from his or her relatives or
associates information that they may be
suppressing in order to protect the suspect from
being subjected to criminal prosecution. It is but
human nature to hide information in order to
protect one's interest and it is the duty of the
investigator to determine the truth and thereby
employ interrogation tactics when necessary.
• The main objective of an interrogation is to
obtain information detrimental to a suspect’s
case but other results may be obtained such as:
1. Establish the innocence of a suspect by clearing
up factsthat seem to point to guilt;
2. Obtain from the suspect or relatives and friends
of the suspect:
a. The names of accomplices;
b. The facts and circumstances surrounding the
crime;
c. Follow-upleads
provided
unwittingly,
or
withulterior motive, such as faking an alibi;
d. The location of stolen goods;
e. The locationof physical evidence ,such as
documents, a weapon, or a burglar's tool.
3. Obtain from the suspect alone:
a. An admission an express or implied statement
tending to support the suspect's involvement in
thecrime, but insufficient by itself to prove
guilt;
b. A confession—an oral, or written statement
acknowledging guilt.
Why People Confess
• W. Horowitz in his paper on the psychology of
confessionexplains how influential evidence or
particularly, physical evidence iswhen presented
to a suspect. The reaction is a building up of
internal,self-generated psychological pressure
that makes the suspect corfess.
Horowitz's Social-Psychological Concepts
Horowitz's Five Social-Psychological
whyaperson confesses.
Concepts
explains
• 1.Accusation - Under interrogation the suspect is
made awarephysically or mentally that he or she is
being accused. Theaccusation maybe explicit;
made directly by the investigatorat the beginning
of the interrogation or implicit; by wayof the
investigator's
attitude,
tone,
and
facial
expressiontowards the suspect. Whether guilty or
innocent, once asuspect perceives of being
accused a consequence is asense of his or her
psychological freedom being attacked.As is human
nature, the desire of a person is to be free
andwould do and, in interrogation, say anything
that wouldallow himself or herself be set free.
2.Evidence is Available - Whether actual evidence proving
thesuspect's guilt exists or not, whether it is presented to
theaccused or implied, as long as the suspect perceives
thatsuch evidence exist again threatens his or her
psychologicalfreedom even more. This will reinforce his or her
anxietyand provoke a.confession. Presenting actual evidence
wouldmake a suspect infer that somewhere along the
interrogationthat he or she will be caught, Suggesting
evidence existcan also elicit the same reaction fnr example, in
framingquestions that would make the suspect think that
theinvestigator knows a lot about the crime, for example
"Youheld the cashier at gun point while your partner
grabbedthe money or was it you who grabbed the money?" or
byplaying co-offenders off of each other by saying to one
thatthe other is already confessing to the crime and
accusinghim or her as the mastermind.
3. Forces--Friendly and Hostile - is a technique
that makesthe suspect perceive that he is
alone and is only in thecompany of hostile
forces arrayed at proving his guiltand that
there are less or no friendly forces are with
himor her as protection. This is why
interrogations are notconducted in familiar
places to the suspect but is done ina police
station or an interview room. The objective of
theinvestigator is to make the suspect believe
that it is onlythru him (the investigator) can
he (the suspect) be savedand that is through
confessing his guilt.
4. Guilt Feelings- this is a concept that states guilt
feelingsare necessary in order for the suspect to
confess. Normallypeople tend to feel guilty for
wrong doings, then addedto that factors such as
accusation and physical evidencegenerates
psychological stress in the suspect. In order
torelease this stress, a confession is provided as
the onlyavenue to take.
5.Confession - confession should be presented to
the suspectas a way nut and to achieve once
again psychologicalfreedom. With the building
pressure of accusation, guiltfeelings, knowing
that he is in hostile territory and evidenceexist
can breakdown a person. The investigator at this
stagecould offer emotional relief by saying "Just
confess and youwill feel better"Or"You can at
least do some good if youconfess" and other
statements that would allow the suspectto
achieve some level of comfort.
Pavlov’s Behavioral Conditioning
• Ivan Pavlov is a Russian scientist famous for his
Condition Reflex experiment. He noticed that a
signal such a sound of a bell can be used to
associate food for a dog which would in turn
make them salivate knowing that the food will
arrive. It came to a point wherein he only had to
sound the bell, even without the food, to make
the dogs salivate. The Pavlovian Theory can be
used to explain why people confess when signals
are understood as stressors or causes for stress.
The four sources of stress and its application to
interrogation in order to elicit a cofession:
• 1. Intensity of Signal - Similar to Horowitz's concept of
Evidence is available; the stronger the evidence, the
stronger the signal; the greater the threat to freedom,
the greater the stress.
• 2. Anxiety Waiting - It is a common experience for an
individual to become tense while remaining in
readiness, expecting something to happen especially if
the anticipated result is of some concern. Making a
suspect wait or telling him or her that the interrogation
will continue in some other time prolongs the anxiety
and therefore prolongs the stress and tension.
3. Alternate Signals - This is where the "Good
Cop/Bad Cop" routine comes into play. It is a
type of conditioning whereby the Good Cop
would allow the suspect to ease up and relax
while the Bad Cop would make the suspect more
tense and stressed. Alternatively, the Good Cop
and Bad Cop can be exhibited by the same
investigator. The investigator could start off the
interrogation by being accusatory then switch to
making the suspect relax and emotionally stable.
This technique is used to build rapport with the
suspect with the objective of eliciting a
confession.
4. Physical Condition is what can be termed as
police brutality or "The Third Degree" it is when
the investigator becomes physical with the
suspect. This can also take form in making the
suspect listen to loud music and making him
stay awake with no rest. This is a technique
which alters the physical condition of or
surrounding the suspect in order to. make him
or her confess thinking that if he or she does
that the stress and tension will end and his or
her salvation. will be given.
Why some people do not confess
• Even when Horowitz's conditions are met and
even combined with Pavlov's conditioning
methods, it is not always the case that a
confession can be cbtained. The probable
reasons are as follows:
1. Some do not feel guilty for the crime of crimes
they have committed and would therefore
require no release form guilt feelings.
2. Some are fearful of the consequences if they
betray their accomplices;
3. Some have learned, as repeat offenders, that
only by talking they only provide investigators
with more clues.
4. Under Miranda, it would require an unusual set
of circumstances for an attorney to fail to advise
a client to remain silent.
• Understanding Horowitz and Pavlov's concepts
could help an investigator obtain important
information or even a confession from a suspect.
However, also knowing that Pavlov experimented
on dogs and not humans should provide insight
to an investigator conducting an interrogation
what humane treatment of suspects is and
where to draw the line Finally, when a
confession is made, it is the task of the
investigator to verify that the claims made by
the suspect are actually true and that evidence
is present to support them.
Profiling
Definitions Profiling has been defined by different
authors in different ways but have at one point
or another intersected with the following
definitions:
1. Profiling is the use of various techniques to
provide investigators with information such as
personality and behavioral characteristics about
an individual who is responsible for committing
criminal acts based on information from the
crimes they have committed.
2. McGrath (2000) argues that profiling can be
described as a process designed to assist
criminal investigative efforts.
3. Profiling is a combination of analysis of available
information and the application of relevant
psychological theories to provide investigators
with clues about the likely characteristics such as
where they' might live or their occupation and
the type of person who would have committed
the offence.
Purpose
• It is crucial to stress that the purpose of profiling
is not to provide the specific identity of an
offender but to identify their major personality
and behavioral characteristics (Hagan, 2009).
Holmes and Holmes Offender Profiling (2002)
highlight three ways in which profiting can aid
the
investigative
process:
1. Provide a social and psychological assessment
of the offender - including the core components
of the offender's personality. It should help to
reduce the number of possible perpetrators the
police are investigating, in other words to focus
their investigation. It could also predict possible
future attacks.
2.
Provide a psychological evaluation of
possessions found with suspected offenders the profile may suggest items offenders may
have in their possession. This is particularly
useful if the rest of the available evidence is
directing the police to a prime suspect. A profiler
can also use analysis of the offender's
possessions. to advise the police about interview
strategies.
3.
Provide advice concerning interviewing
strategies with suspects - the profiler should be
able to provide police with advice about different
personality types and possible effective interview
strategies depending on the characteristics of
the offender. The maximum amount of
information may then be elicited.
• The PNP Field Manual on Investigation of Crimes
of Violence and Other Crimes provides a
checklist in profiling Victims and Suspects with
the aim of obtaining facts from the relatives,
friends, acquaintances and other persons within
the premises/vicinity of the victim and suspects
before, during and after the death or
disappearance in order to establish patterns and
modus operandi.
Checklist for Profiling Victims
1.
2.
3.
4.
Affiliation?
Nationality?
Occupation?
Previous threats (when, where, how, who and
why)?
5. Assessment of whether or not the victim
belongs to target group of extra-legal killings
(activist, journalist, trade unionist or farmer
representative)?
6. Check in the database and computer files
(plaintiffs, previous convictions, accomplices,
previous suspicions of involvement in crime
etc.).
7. House search of the victim's dwelling and other
premises at his or her disposal
8. Seizure and analysis of diaries, letters, photos,
receipts, balance sheets etc.
9. Seizure and examination of computers and
mobile phones.
10. Examination of incoming and outgoing phone
calls (phone billings), pagers and answering
machines.
11. Examination of bank accounts, transactions,
credit cards etc.
12. Examination of CCTV footages.
13. Examination of mobile phone traffic through
masts or relay stations in adjacent areas of the
crime scene or the finding place.
14. Seizure and examination of vehicles.
15. Interviews of family members and relatives
16. Interviews of friends and acquaintances,
17. Interviews of neighbors.
18. Interviews of employer and colleagues.
19. Interviews of personalities who possess vital
investigative information (e.g. waiters, bartenders,
landlord, janitors, security guards etc.).
20. Collection of information from other authorities.
Other
Records
Disappearances
for
Victims
of
Enforced
1. Dental records and X-ray pictures.
2. Medical records and X-ray pictures.
3. Seizure of items for DNA analysis (tooth brush,
combs, razors etc.).
A. Checklist for Profiling of Suspect
1. Assessment of whether or not the suspect
belongs to syndicated group of criminal gang or
gun for hire?
2. Check the criminal background of the suspect
(previous convictions, accomplices, involvement
in crime etc.). previous suspicions of
3. House search of the suspect's dwelling and
other premises at his or her disposal.
4. Seizure and analysis of diaries, letters, photos,
receipts, balance sheets etc.
5. Seizure and examination of computers and
mobile phones.
6. Examination of incoming and outgoing phone
calls (phone billings), pagers and answering
machines.
7 Examination of bank accounts, transactions,
credit cards etc.
8. Examination of CCTV footages.
9. Interviews of family members and relatives.
10. Interviews of friends and acquaintances.
11. Interviews of neighbors.
12. Interviews of employer and colleagues.
13. Interviews with personalities who possess vital
investigative information (waiters, bartenders,
landlord, jaritors, security guards etc.).
14. Collection
authorities.
of
information
from
other
Again, this section of the manual ends by stating
that the checklists are only meant as a guide
and not as a substitute for critical thinking. In
some cases certain items can probably be left
out, while others must be added.
Profiling Techniques
In addition to the checklist provided, there are
other approaches to profiling that are utilized in
other countries. The following is a brief overview
of the four most popular approaches to profiling:
1. Crime scene analysis - This is when the profiler
attempts to find behavioral clues from the crime
scene and the victim. This approach is most
famously taken by the FBI in America.
2. Investigative psychology - Associated with David
Canter and the University of Liverpool, this
approach attempts to take a scientific approach
(with an emphasis on statistics) to profiling and
focuses on many aspects of the crime (e.g.
geographical as well as behavioral clues as to
offender characteristics).
3 Diagnostic evaluation The profiler attempts to use
their clinical experience and judgment to
understand the motivation behind an offender's
actions. This approach is used in the UK by
(among others) Paul Britton and by the current
behavioral investigative advisers working at the
National Policing Improvement Agency (NPIA)
within the Specialist Operational Support team
4. Geographical profiling- A group of techniques
under the umbrella of geographical profiling
which focus on the probable spatial behavior of
the offerider within the context of the locations
of and the spatial relationships between the
various crime sites. Kim Rossmo, who is based in
Canada, is probably most associated with this
approach.
A profile of the suspect can provide the following
elements which can then assist the investigation:
1.
2.
3.
4.
5.
6.
salient features of the offense;
character of the offender;
origins of the offender;
present circumstances of the offender;
criminality of the offender;
geographical location of the offender;
7. predicted future behavior of the offender;
8. interview strategy to be adopted;
9. threat assessment;
10. specific recommendations to the police in the
course of the investigation.
Accuracy of a profile is difficult to ascertain,
however, it may provide focus for the
investigators in developing the case and provide
a line of inquiry otherwise not taken.