PROCEDURE IN CRIMINAL INVESTIGATION
As a general rule, all crime scene investigation must be done by the police station who has the territorial
jurisdiction of the crime incident unless otherwise specified by higher authorities to be investigated by some other unit
or agencies and must be recorded in the official police blotter.
Territorial Jurisdiction means that the crime incident happened within the area or place that a certain police station
holds or covers.
Police Station refers to the office of the local police that has jurisdiction within the area and exercises control over the
community and persons’ movement by enforcing the laws necessary for the maintenance of peace and order. The same
is responsible in providing immediate response to the community as the need arises.
The difference between crime scenes from crime incident?
Crime scene - refers to the place where crime took place and where the physical evidence can be found
Crime incident - refers to the occurrence of a certain crime.
 Crime scene must be preserved as it contains the essential ingredients surrounding the commission of the
crime. Crime incident must be established as it will guide investigators in filing the proper charge.
In what way are police officers be notified in the event that a crime happened?
In the event that a crime happens, it reaches the attention of the police through:
1. A concerned citizen who witnessed the crime incident;
2. An accidental discovery of some citizen; or
3. The action itself of the police officer in patrol.
Those who are in patrol are commonly regarded as the first responder as they are those who are employed in the
community with the end purpose of crime prevention. As part of their duties, first responder must do the following:
1. Proceed to crime scene and validate information regarding crime incident;
2. Cordon the area, meaning isolate the place so that unauthorized persons cannot enter the scene or the suspect
cannot destroy the evidence.
3. Record all relevant facts and the time of arrival at the crime scene;
4. Identify possible witness and do the preliminary interview if feasible;
5. Arrest suspect/s if they are around or recommend for the conduct of dragnet operation which pertains to an
operation conducted to seal off possible exits of the suspect/s.
6. Be ready to take dying declaration of injured person. A dying declaration is a statement made by a person who
is under the impending death in which such declaration is related to the facts in which the person is competent
to testify;
7. Evacuate wounded person and/or account killed, wounded or arrested person;
8. Conduct initial investigation and briefing of investigator case (IOC) upon his arrival at the scene; and
9. Conduct initial inventory of all possible evidence at the crime scene which must be signed by him, the SOCO,
and by the investigator.
The investigating team will take full control of the crime scene which includes the conduct of crime scene search,
generating sketches as well as the taking of photograph, lifting of fingerprints, marking and tagging as well as the
collection of physical evidence and like.
Investigating team refers to the group of police personnel charged with the investigation and processing of the crime
scene which includes but not limited to the search, collection, marking, tagging, preservation, and transfer of evidence.
Further, investigating team is composed of the following:
1.
2.
3.
4.
5.
The team leader
Investigator
Photographer
Evidence custodian
Artist
Upon the takeover of the investigating team, they ensure that the investigative procedures are followed such as:
1.
2.
3.
4.
Record the date and time of arrival as well as all other important details in the crime scene;
Photograph and video of the crime scene
Arrest of suspect/s if their identity is apparent; and
Separate possible witness to get their individual accounts.
CRIME SCENE PROCESSING
It is true that the investigating team must give priority to the human life, nevertheless, they must exhaust
whatever means to secure and preserve the crime for it contains all the necessary ingredients for the prosecution of
the case. They must reconsider the necessary steps in order to collect all available evidence and maintain the integrity
of the crime scene by remembering “MAC” rule which simply stand for:
1. Mutilate – meaning do not remove anything from the crime scene;
2. Alter – do not change anything in the crime
3. Contaminate – do not add anything to the crime scene.
Also, the investigating team must remember that nothing should be touched, altered or removed unless everything is
photographed, noted, measured, and indicated in the sketch as these are the golden rule in the processing of crime
scene. They should also take into consideration those transient evidence or fragile evidence.
Transient evidence – are those evidence when not collected at appropriate time may diminish or loss its value such as
urine, blood, semen, etc. on the other hand, fragile evidences are those evidence which may be broken if collected
inattentively.
METHODS OF SEARCH
Method of Search is defined as the systematic procedure employed by the investigating team in order to recognize,
collect, and preserve the evidence or any object/s found in the crime scene that has a logical connection to the case.
In the conduct of crime scene search, the following methods may be employed based on the physical characteristics of
the place such as strip method, double strip method, spiral search method, zone search method, and wheel search
method.
Strip Method is done through a straight path in an area. Upon reaching the end, the searcher turns and follows again in
a straight path but parallel to the first path he takes. This continues until the search of the entire area is done.
Double Strip Method or Grid Method is almost similar with strip method. As the term suggest, “double” meaning after
the entire area is done searching using strip method, the searcher will again start another process but this time at the
other side at right angles from where you started
Spiral Method – is done when the area is circular in nature. The searcher may start either from the center or outside
although commonly searcher usually starts from the outside following a circular shape until they finish searching the
entire area.
Wheel Method is also applicable in circular areas similar to the spiral method. However, the searcher starts in the center
and is best applied when there are plenty of searchers. From the center, they follow a straight path toward outside
unlike in radial that they follow a circular pattern.
Following the procedure of wheel search pattern while investigating a crime scene:
1. Identify the central point: Begin by identifying the central point or origin of the crime scene, which will serve as
the hub for the wheel search pattern.
2. Divide the area into sectors: Divide the crime scene into equal sectors, with each sector representing a spoke of
the wheel.
3. Assign investigators to each sector: Assign one or more investigators to each ray.
4. Search along the spokes: Investigators should start at the central point and move outward along the imaginary
spokes and progress towards the perimeter.
5. Examine adjacent sectors: Once the investigators reach the end of their assigned spoke, they should carefully
examine the area between their sector and the adjacent one to ensure no evidence is missed.
6. Document and collect evidence: Document location, photograph it, and collect it using proper evidence
collection techniques to maintain the chain of custody.
Zone method is best applicable in crime covering a wider range. In this method, the crime scene is divided into four
quadrants and the searcher may select what type of search should be done in each quadrant. It could either be strip,
double strip, radial, wheel or zone method.
A
B
C
D
Following is the procedure for the zone search method ensuring no areas are overlooked.
1. Creating Zones: Divide the search area into smaller, more manageable zones. This can be done by creating a
rough sketch of the area or by physically marking the boundaries using stakes and string.
2. Labeling Zones: Label each zone with a unique identifier, and place a notepad or piece of paper.
3. Sub-zone Search Patterns: Choose an appropriate search pattern in each zone, such as the spiral, strip, or grid.
4. Documentation: Searchers sign and list the date and time of the search. This records who searched a specific
zone.
5. Marking off zones: A rough sketch of the area can be used to mark off searched zones with a marked date and
time of search completion.
6. Continue until Completion: Continue searching and marking off zones until the entire area has been thoroughly
examined.
7. Evidence Collection: Collect all the evidence that is documented and needed to collect.
Marking, Tagging, and Collecting of Evidence
After the search of an evidence, collection follows. However, any object/s found must be properly marked,
tagged, photographed, measured, and indicated in the sketch before its actual collection.
Marking of evidence – refers to the process of identifying and recognizing any objects in the crime scene by way of
placing the letter symbol or number.
Tagging evidence – is the process of labelling the physical evidence by way of placing the appropriate evidence tag
containing the description of the item, the date and the initial of the collecting officer.
Collecting of evidence – refers to the actual gathering and lifting of evidence from the crime scene to the custody of the
appropriate office.
Photographing the Crime Scene
In processing the crime scene, investigating team must consider the proper taking of photographs and the
making of sketch. Photographs should depict the actual scenario of the crime scene and portray the proper placement
of the individual evidence.
Investigators notebook – refers to the pad of paper such as work pad, tickler, or notepad and the like which is used to
remember the details regarding the commission of the crime and in any manner aids the investigator in refreshing his
memory to recall matters related to the case under investigation.
Investigating team must consider the following angle/view in taking photographs to properly appreciate the crime scene
such as;
1. General View – these are taken outside of the crime scene purposely to show location, direction, and the place
of crime incident
2. Medium View – these shots are taken to show the different divisions of the crime scene as this view will allow
investigators to clearly see the nature of the crime committed;
3. Close – up View – these shots are done to individual evidence to show what constitutes the crime and how it
was committed.
Gradual shots may be taken from a standard position in order to show the relationship of one evidence to another or
how individual evidence is close or far from one another. This is technically called as progressive photography which
includes shots taken in long range, midrange, or close range distance.
The following guidelines also in line with taking photographs must be noted by the investigating team such as:
1. Take overall photos of the scene which include street signs, areas, streetlights location near the crime scene,
and any identifying objects;
2. Pictures of every room must be taken through they are not apparently connected to the crime scene
3. Photographs must be taken from at least 2 opposite corners but 4 corners is better.
4. Take photos from above or ceiling to avoid the possibility of missing any evidence
5. Keep a photo log during crime scene processing.
Sketching the crime scene
In line with sketch, the artist should be able to draw and portray the crime scene. The same must remember the
elements of sketch which includes;
1. Title – this includes the basic information regarding the case such as the nature of the crime, the time and date
of crime incident, and the location of the crime.
2. Measurement – this pertain the dimension and the distance of the relative object to one another.
3. Essential items – these refers to the pieces of physical evidence found at the crime scene.
4. Legend – this refers to the use of words or numbers to represent an item in the crime scene.
5. Compass direction – refers to the north direction from when the sketch was drawn.
6. Scale of proportion – is the representation of the sketch to the actual size of the scene.
Rough sketch – is drawn by the artist at the crime scene containing all the necessary details regarding the crime.
Finished sketch – drawn by the artist for court presentation and is commonly done in the office.
Sketcher must take note also the type of sketch that should be drawn such as:
1.
2.
3.
4.
Floor plan or bird’s eye view – a type of sketch drawn from above.
Elevation sketch – a type of sketch drawn to show the given side of an area;
Exploded view sketch – a type of sketch drawn to show the relationship or order of the whole parts and;
Cross projection sketch – a type of sketch where the ceiling and/or walls are flattened all out in the ground.
In cases where some evidence was placed in the walls or ceiling (example: dress was thrown and hang on the ceiling
fan) cross –projection sketch is better.
For guidelines on drawing the sketch includes the following:
1. Indicate the nature of the crime and the place of incident as well as the name of the person who prepare and
drew it. For better understanding, use of capital letters and numbers are highly suggested such that;
a. Capital letters – for basic parts or accessories of the place
b. Numbers- for individual evidence
2. Indicate the position, location, and how the objects relate to one another.
3. Use standard symbols while sketching;
4. Use arrow to show the direction and stairways; and
5. Be consistent with the units of measurement such as centimeter, inches, yards, meters, feet, etc.
To aid the investigators in measuring individual evidence with respect to any other objects in the crime scene, the
following methods should be considered and must be used based on the physical characteristics of the crime scene:
1. Rectangular method – find fix post at a right angle to serve as the base.
2. Triangulation method – find two fix points to the evidence that must be plotted or located.
Evaluation, Preservation, and Releasing of Evidence
Evaluation of evidence – refers to the process of assessing the significance of individual evidence that should be
subjected for further examination such as transmittal of firearm to crime laboratory for ballistic examination or
transmittal or electronic devices such as cellphones and laptops to Anti-Cyber Crime Group for digital examination.
Preservation of evidence – refers to the measures employed in order to maintain, protect, and safeguard the original
state of physical evidence from the time it was collected up until the time it will be released to appropriate personnel.
It must be noted that it is the primary responsibility of the investigator to preserve the evidence until it will be
transferred to the hands of the evidence custodian.
Evidence custodian – is the person who take charge with the responsibility and control in handling and disposal of
evidence.
Releasing of evidence – refers to the discharge of individual evidence upon the order of the court and/or prosecutor.
Chain of Custody and Transmittal to Crime Laboratory
Chain of Custody – defined as the transfer of evidence from one person who holds supervision or care of such evidence
to another person from the time it was gathered at the crime scene up to the time it will be presented in court. It
includes the list of all personnel who handled the evidence from collection until court presentation.
Safekeeping – refers to the security or protection of physical evidence.
The following should be noted in adherence to the standard procedures in maintaining the chain of custody such as:
1. Proper recording r areas or location from which evidence was gathered.
2. Proper marking of evidence for accurate identification
3. Completing the evidence submission form for laboratory analysis.
Evidence log – any material upon which the writing or note taking is done to keep and maintain the record and disposal
of evidence. This will guide the investigator as to who are the persons who handle and possess whatever physical
evidence are transmitted.
Release of the Crime scene is defined as the discharge of the crime scene from the custody of authorized law
enforcement officer to the lawful occupant, owner, or any person who is charge with the responsibility and
management of the place where the crime happened.
In releasing the crime scene, the following should be observed:
1.
2.
3.
4.
All physical evidence must be properly marked, tagged, and labelled.
Ensure that proper inventory of all items is done
Error should not be entertained as there is only one chance to process the crime scene
Release the crime scene only after the final survey and proper documentation. Final survey refers to the action
taken by the investigating team to ensure that all items have been gathered which includes the proper
documentation of all circumstances under which the physical evidence was collected.
Reconstructing the Crime
Crime scene reconstruction is defined as the scientific ability of investigators to make useful observations of physical
evidence in the crime scene through a logical approach in theorizing as to how the crime was committed. This also
involves systematic methodology in incorporating all available information gathered as well as the arrangement of
physical evidence in the crime scene to provide a rational, reasonable, and acceptable explanation as to how the crime
was committed.
It must be noted that crime reconstruction is different from crime scene reenactment and crime scene recreation.
Crime scene reenactment – is the process of reenacting and portraying the crime incident based on their previous
knowledge regarding the event by having the offender, victim or witness to play such role.
Crime scene recreation – is the process of substituting necessary items or actions at the crime scene through the use of
what is documented or with the aid of investigators log.
MODUS OPERANDI AND PROFILING OF SUSPECTS
Modus operandi – refers to the manner and methods employed or used as well as the sequence of various actions taken
by the perpetrator in committing the crime. It is otherwise known as the method of operation.
Profiling – defined as the psychological process of establishing the characteristics of the most likely individual who might
have committed the crime based on the evaluation of the crime scene and the placement of physical evidence.
Rouges gallery – refers to the compilations of photographs of known criminals.
Cartographic sketch – refers to the composite drawing of a suspect’s face done by an artist to assist police investigators
in establishing the identity of the person who might have committed the crime.
WARRANTLESS ARREST AND DETENTION
Arrest – referred to as the taking of person suspected to have committed an act to which the law defines it as a crime
into the custody of any law enforcement agencies who has the authority to do so in order to answer queries in line with
matters concerning the commission of the crime.
Section 1, Rule 113 define arrest as the taking of person into custody of law in order that he may bound to answer for
the commission of offense.
Warrant of arrest – defined as the document from court ordering and directing any law enforcer to apprehend and
detain any person whose name will appear in the warrant for him to answer matters regarding the commission of a
crime. Any person suspected to have committed a crime can only be lawfully arrested after securing a warrant.
Warrantless arrest – define as the arrest by any law enforcer without the benefit of a warrant. Arrest without a warrant
is possible provided that either of the following circumstances is present:
1. In flagrante delicto –caught in the act, that the person to be arrested is about to commit, actually committing,
or have just committed an act to which the law defines it as a crime in the presence of the person who will
make the arrest.
2. Hot pursuit operation - That the person to be arrested have committed an act to which the law defines it as a
crime and the person making the arrest have probable cause that the same person is probably guilty of a crime.
3. Escapee – that the person to be arrested is one who escape from penal confinement.
Inquest proceeding will be done if the person was arrested without the benefit of a warrant. This is conducted to ensure
that the arrest made is legal and in accordance with the law.
Inquest – defined as the informal and summary investigation conducted by public prosecutor in a criminal case involving
person arrested without the benefit of a warrant to determine if the person so arrested should remain under custody
and be charged accordingly.
RULES IN MAKING ARREST
In making arrest, the Rule of Court provides the following guidelines such that:
1. It should be made by an actual restraint of a person to be arrested or,
2. By submission of the person to be arrested to the custody of any person making the arrest
It must be noted that in the event of arresting the suspect allegedly to have committed a crime, the person making the
arrest should observe:
1. Not to use any unnecessary force
2. Use only the force necessary to arrest the person
Any form of violence is not allowed also, since it may cause the physical evidence to be incompetent and therefore,
inadmissible as evidence during court presentation.
Execution of warrant simply means as carrying out the duty to find the person whose name was written in the warrant
and cause his arrest and detention.
In executing the warrant, the following should be observed:
1. A warrant can be executed either during day and night
2. The person making the arrest shall inform the person to be arrested that a warrant has been issued for his
arrest
3. It must be executed within 10 days from the moment it was received;
However, the person making the arrest shall proceed with the arrest of the person even without informing him of the
cause of arrest or that a warrant was issued for him to be arrested provided that either of the following is present:
1. The person flees;
2. The person forcibly resisted
3. It will hamper successful arrest of the person.
Moreover, if the person whose name appeared in the warrant cannot be located or traced within 10 working days upon
its receipt, the law enforcer task to execute the warrant shall make a report to the judge who issue the same, explaining
the reason/s for the failure to arrest the person within the time given by the court.
CUSTODIAL INVESTIGATION AND DETENTION
Any person arrested and brought before the custody of the law is presumed innocent until proven to be guilty. The
person has the same right as any ordinary individual in order to protect the interest of an ordinary individual as well as
prevent any abuses from law enforcers. These rights must be observed as any violations may result to the dismissal of
the case.
In Philippines, the right of the person arrested is originally defined under the Bill of Rights of the 1987 Philippine
Constitution (Section 12, Article III) such that any person lawfully arrested and under investigation for the commission
of a crime shall have the following rights:
1. Right to remain silent
2. Right to have independent and competent counsel, preferably of his own choice
3. Right to know the nature and the cause of accusation against the person
In addition to the above rights, the state enacted the statutory law of RA 7438 which provides further the process of
obtaining a confession to any person detained or under custodial such that:
1. The person detained or under the custodial investigation shall be assisted by a counsel at all times
2. The recital of his rights shall be in the dialect known and understood by the person detained or under custodial
investigation
3. The custodial investigation report shall be reduced into writing by the investigating officer and explained to him
by his counsel before it will be signed by the same.
Extra judicial confession – confessions made by an arrested or detained person while under the custody of law and is
done outside the court.
Custodial investigation – the issuance of invitation to the person suspected to have committed a crime who at the same
time is brought before the custody of law in order to answer matters regarding the commission of a crime without
jeopardy to the liability of the person for any violations he may commit.
Custodial investigation report – is the document prepared by the investigating officer during the investigation process
containing all necessary information about the confession of the person brought before the custody of law.
ARBITRARY DETENTION (Title II, Book 2, Act 3815) is a crime against the fundamental law of the state, committed by any
public officer or employee in any of the following:
1. Detention of any person without legal grounds
2. Delay in the delivery of detained person to the proper judicial authority
3. Delaying release
In relation to arrest, any person arrested without the benefit of warrant (warrantless arrest) shall be released subject
to the gravity of the offense to have committed such that:
1. 12 hours, if the person committed a light felony
2. 18 hours, id the person committed a less grave felony
3. 36 hours, if the person committed a grave felony.
INTERVIEW AND INTERROGATION
Investigative Interview
In order to attain a productive investigation, investigators must be knowledgeable and skilled in gathering information.
One way of gathering information is done through a successful interview of witnesses, complainants or victims, and
interrogation of suspects or any person accused of a crime.
Information – any data gathered in the course of investigation which will serve as a foundation in solving the case.
Field Inquiry – simply means as the general questioning of all people present in the crime scene. This is done in order to
give investigator an idea as to the extent of the crime committed.
Interview – is a form of questioning style which involves the use of strong appeal or aura in order to gather information
among persons who may have direct involvement of the crime.
- Interview is commonly done among the witnesses, complainants and victims of the crime.
Interrogation – is usually done among those persons suspected to have committed a crime or those hostile witnesses.
Characteristics of Productive Interviewer
1. Self-reliance – this means that investigators must be confident in doing the interview while at the same time
conscious in listening to the interviewee.
Interviewee – is the person under interview
2. Adaptability – this means that investigators must be flexible in different situations and be able to do the
interview at the interviewee’s convenience.
3. Perseverance – this means that investigators must endure all obstacles that may come before the process f
interviewing the interviewee.
4. Optimistic – this means that investigators must be positive in dealing all possible interviewee’s that may be
called before him
5. Patience – this means that investigators must exert all possible effort to maintain a good attitude in handling
the interview as well as the ability to work under pressure.
Rules in Interview
1. Case review – investigators must review the relevant facts about the case before proceeding to the interview
of the interviewee. This will allow him to capture all unnecessary detail while doing the interview as well as
prevent the loss of vital information to which the interviewee possess.
2. Build rapport – this means that the investigator needs to communicate properly and bring the interviewee the
attention in establishing a good communication in order to proceed with cognitive interview.
Rapport – refers to the good relationship between the interviewer and the interviewee as a result of their
mutual understanding in solving the case.
3. Simple question – this means that investigators should not allow the interviewee to be confused. Confusing
questions can make it difficult for the interviewee to understand and provide accurate answers.
4. Avoid implied answer – this means that investigators must not allow a question answerable by either “yes or
no”. If that is the case, this will limit the perspective of the interview and investigators may omit some of the
important facts of the case.
5. Avoid leading question – as much as possible, avoid leading questions as this will redirect interviewee’s mind
and will focus only to matters which investigators ask. However, this may be useful in interviewing child witness.
6. Do not ramble – this simply means that investigators should ask one question at a time.
7. Good closure – this means that investigators should be courteous and kind to the interviewee as a further set
of interview is possible. Do not allow interviewee to put grudge against you.
Interrogation
Successful investigation of the case cannot be done without the suspect being interrogated. Investigators must be skilled
enough as it is expected that the suspect will not speak anything which will implicate them to the crime they have
committed.
Preliminary preparation
Investigators must introduce himself before the conduct of interrogation and must allow the subject to know the
purpose of the same.
Subject- refers to the person who is placed for interrogation.
Interrogation techniques – refers to the method employed by the interrogator in questioning and eliciting relevant facts
necessary for the conviction of the suspect.
1. Strong approach – interrogator projects a hostile personality toward the subject to create anxiety and fear in
order to confess.
2. Friendly approach – interrogator manifests a sign of friendliness and offer help towards the subject.
Confession and Admission
Confession – defined as the direct acknowledgement of the suspect with respect to the participation concerning the
commission of a crime.
Admission – defined as the indirect acknowledgement only of some elements of the crime and is not tantamount to
confession.