GENERAL PRINCIPLES OF INVESTIGATION

Lecturer: ATTY. TEODORO R CAPARROSO, MAPSS, PESE

Chief, Regional Legal Officer ORLS, PRO5

INVESTIGATION is the collection of facts to accomplish a threefold aim: to identify the guilty party; to locate the guilty party; and to provide evidence of his guilt In the performance of his duties, the investigator must seek to establish the six (6) cardinal points of investigation, namely: what specific offense has been committed; how the offense was committed it; where the offense was committed; when it was committed.

TOOLS OF AN INVESTIGATOR IN GATHERING FACTS: a) INFORMATION data gathered and acquired from other persons including the victim himself and from. - Public records; - Private records; and - Modus Operandi file.

KINDS: a. Information acquired from regular sources such as conscientious and publicspirited citizens, company records and files of other agencies. b. Information which the experienced investigator gather from cultivated sources, such as paid informants, bar-tenders, cab drivers, licensed owners and employees in general, former criminals or acquaintances.

IMPORTANCE Information is important in investigation because it answers the question. Who did it? Once acquired, such information will enable the investigator try to solve the problem in order to find the proper solution.
b) INTERROGATION Skillful questioning of hostile witnesses and suspects. c) INSTRUMENTATION Scientific examination of real evidence, application of instrument and methods of the physical sciences in detecting crime.

PHASES OF INVESTIGATION: The main objective of a police investigator is to gather all facts in order to: 1. identify the criminal through (i) confession; (ii) eyewitness testimony; (iii) circumstantial evidence; and (iv) associate evidence; 2. trace and locate the criminal; and 3. proved by evidence the guilt of the suspects

In proving the guilt of the accused in court, the fact of the existence of the crime must be established; the defendant must be identified and associate with the crime scene; competent and credible witnesses must be available; and the physical evidence must be appropriately identified. The proof of guilt will depend on the establishment of the essential elements of the crime. The investigator must know by heart the elements of specific crime.

STANDARD METHODS OF RECORDING INVESTIGATIVE DATA a. Photographs; b. Sketching crime scenes; c. Written notes (what you have seen or observed) d. Developing and lifting fingerprints found at the crime scene; e. Gathering physical evidence; f. Plaster cast; g. Tape recording of sounds; h. Video tape recording of object; and i. Written statements of subject(s) and witnesses.

SCIENTIFIC EXAMINATION OF REAL EVIDENCE a) The Crime Scene Search. (i) Processing and Securing a Crime Scene Processing a crime scene includes the application of diligent and careful methods by an investigator/policeman to recognize, identify, preserve and collect facts and items of evidentiary value that may assist in reconstructing that which actually occurred. The crime scene is the area surrounding the place where the crime occurred. The processing of the area at the scene includes all direct traces of the crime. And this is determined by the type of crime committed and the place where the occurred.

(ii) Protecting the Crime Scene and the Evidence Successful crime scene processing depends upon the policemans or investigators skill in recognizing and collecting facts and items of value as evidence, and upon his ability to protect, preserve, and later, to present these in a logical manner. This requires making careful and detailed notes and sketches; using correct procedures in taking photographs of the scene; taking written statements and transcribing verbal statements of witnesses, suspects and marking and preservation of collected physical objects of evidentiary nature.

(iii) Laboratory examination of objects and substances located usually at the crime scene. Objects and substances needing examination in some cases are carried, intentionally or unintentionally, by suspects from the crime scene.

INVESTIGATORS NOTEBOOK a) Purpose: Considering the mass of details and the number of cases which in some instances in an investigator is handling, it is very possible that he 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 where the case is brought to trial. Experienced investigators employ a handbook to record the relevant details of the case. During the trial, the court allows investigators to consult their notes to refresh their memory.

b) Recording Notes: The data of the investigation should be recorded in a complete, accurate and legible fashion so that in the event another investigator is required to assume the responsibility for the investigation, he can make intelligent use of the notebook.

INTERVIEW is the process of eliciting information from witnesses and confidential informants. It is also the questioning of a person believed to possess knowledge that is in official interest to the investigator.

Importance of Interview Interview in crime investigation is very important considering that the person interviewed usually gives his account of an incident under investigation or offers information concerning a person being investigated in his own manner and words. Basic assumptions: Nobody has to talk to law enforces. No law compels a person to talk to the police if he does not want to. Therefore, people will have to be persuaded, always with a legal and ethical limits, to talk to law enforcers. This makes interviewing an art.

CUSTODIAL INVESTIGATION/INTERROGATION.

It is the skillful questioning of a suspect or a hostile witness to divulge information on the crime being investigated. It must be remembered, however, the police investigators cannot learn proper interrogation merely by reading books. The success of interrogation depends on its legality, topic, physical insight and experience.

PURPOSE OF INTERROGATION 1. To obtain information concerning the innocence or guilt of a suspect. 2. To obtain a confession to the crime from a guilty suspect. 3. To induce the suspect to make admissions. 4. To know the surrounding circumstances of a crime. 5. To learn of the existence and location of physical evidence such as documents or weapons. 6. To learn the identity of the accomplices. 7. To develop information which will lead to the fruits of the crime. 8. To develop additional leads for the investigation. 9. To discover the details of any other crime in which the suspects participated.

PROCEDURE AT THE CRIME SCENE 1. Steps to be Followed Upon Arrival at any crime Scene. a. Record the date, arrival time and weather condition. b. If an injured person is on the scene, arrange for medical attention, identification and removal. The scene should be disturbed only to extent necessary to have medical aid rendered to the injured or to have a doctor examine a deceased victim. Each alteration should be accurately recorded. c. If the offender is at the scene, apprehend him. d. If the scene is not fully protected, ensure its protection by using other policemen or other responsible persons to keep witnesses, suspects, and victim(s) who are present from disturbing the scene.

(i) It may be necessary to re-route traffic, to prohibit employees from entering their place of employment, or to take other action to prevent any disturbance of the scene until a complete examination is made. The body of a deceased victim (if there is any) should not be covered until thoroughly processed for evidence. (ii) Early action is taken to protect item of possible evidentiary value that may be destroyed by rain, fire or other causes before collection can be effected. For example, a raincoat or piece of canvass may be used to cover compression on the ground that are exposed to rain. Items that will melt should be shielded from the sun or other heat sources. Objects such as food and blood should be covered to protect them from the contamination.

e. Determine and record the name of those persons at the scene who may be witnesses, and separate them. These persons should be removed from the immediate area of the scene as soon as practicable. f. Conduct preliminary questioning of witnesses, suspects and victim(s) to determine in general the extent of the incident crime. g. Note the names of all persons officially present. Those present within the immediately area of the scene should be only the minimum number needed to assist the investigator. It may be necessary to request other policemen or officials present to refrain from examining or disturbing objects or aspects of the scene.

2. Recording The investigator begins the process of recording pertinent fact and details of the investigation the moment he arrives at the crime scene. (Of course, he records the time when he was initially notified prior to his arrival). He writes down the identification of persons involved and what he initially sees. He also draws a basic sketch of the crime scene and takes the initial photographs (if a photographer is available). This is to unsure that an image of the crime scene is recorded before any occurrence that disturbs the scene. As a rule, do not ouch, alter or remove anything at the crime scene until the evidence has been processed through notes, sketches and photographs, with proper measurements.

3. Searching for Evidence a) Each crime scene is different, according to the physical nature of the scene and the crime or offense involved. Consequently, the scene is processed in accordance with the prevailing physical characteristics of the scene and with the need to develop essential evidentiary fact to peculiar to the offense. A general survey of the scene is always made, however, to note the locations of obvious traces of actions, the probable entry and exit points used by the offender(s) and the size and shape of the area involved.

b) In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated. (In the interest of uniformity, it is recommended that the clockwise movement be used.) The investigator examines each item encountered on the floor, walls, and ceiling to locate anything that may be evidentiary value. You should: (i) Give particular attention to fragile evidence that may b destroyed or contaminated if it is not collected when discovered. (ii) If any doubt exists as to the value of an item, treat it as evidence until proven otherwise. (iii) Ensure that the item or area where latent fingerprints may be present is closely examined and that action is taken to develop prints.

(iv) Carefully protect any impression evidentiary value in surfaces conducive to making casts or molds. If possible photograph the impressions and make a cast or mold. (v) Note stains, spots, and pools of liquid within the scene and treat them as evidence. (vi) Note any peculiar odor emitting from the scene. (vii) Treat as evidence all other items, such as hairs, fibers, and earth particles foreign to the area in which they are found for example, matter found under the victims fingernails.

(viii) Proceed systematically and uninterruptedly to the conclusion of the processing of the scene. The search for evidence is initially completed when after a thorough examination of the scene, the rough sketch necessary photograph and investigate notes have been completed and the investigator has returned to the point from which the search began. Further search may be necessary after the evidence and the statements obtained have been evaluated.

c) In large outdoor areas, it is advisable to divide the area into strips about four (4) feet wide. The policeman may first search the strip on his left as he faces the scene and then the adjoining trips. d) It may be advisable to make a search beyond the area considered to be the immediate scene of the incident or crime. For example, evidence may indicate that a weapon or tool used in the crime was discarded or hidden by the offender somewhere with-in a square-mile area near the scene.

e) After completing the search of the scene, the investigator examines the object or person actually attacked by the offender. For example, a ripped safe, a desk drawer that has been pried open or a room from which items have been stolen, would be processed after the remainder of the scene has been examined offender. In a homicide case, the position of the victim should be outlined with a chalk or any 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 policeman/investigator to evaluate all objects of special interest in the light of all other evidence found at the scene.

Methods of Crime Scene Search/Bomb Search (i) Strip Search Method In this method, the area is blocked out in the form of a rectangle. The three (3) searchers A, B, and C proceed slowly at the same place along paths parallel to one side of the rectangle. When a piece of evidence is found, the finder announces his discovery and the search must stop until the evidence has been cared for. A photographer is called, if necessary. The evidence is collected and tagged and the search proceeds at a given signal. At the end of the rectangle, the searchers turn and proceed along new lanes

(ii) Double Strip Search Method

The double strip or grid method of search is a Modification of the Strip Search Method

(iii) Spiral Search Method

In this method, the three searchers follow each other along the path of a spiral, beginning on the outside and the spiraling in toward the center.

(iv) Zone Search Method

In this method, one searcher is assigned to each subdivision of a quadrant, then each quadrant is cut into another set of quadrants.

(v) Wheel Search Method

In this method of search, the area is considered to approximately circular. The searchers gather at the center and proceed outward along radii or spokes. The procedure should be repeated several times depending on the size of the circle and the number of searchers. One shortcoming of this methods is one the great increase in the area to be observed as the researcher departs from the center.

4. Collecting Evidence This is accomplished after the search is completed, the rough sketch finished and photographs taken. Fragile evidence should be collected as they are found. All firearms (FAs) found to have tampered serial numbers (SNs) shall be automatically subjected to macro etching at the Philippine National Police Crime Laboratory (PNP-CL). A corresponding report to the Firearms and Explosive Office (FEO) must be made for verification purposes. In the collection, the investigator should touch the evidence only when necessary.

5. Removal of Evidence a. The investigator places his initials, the date and time of his discovery on each time of evidence for proper identification. b. Items that could not be marked should be placed in a suitable container and sealed. 6. Tagging of Evidence Any physical evidence obtained must be tagged before its submission to the evidence custodian.

7. Evaluation of Evidence. Each time of evidence must be evaluated in relation to all the evidences, individually and collectively

8. Preservation of Evidence. It is the investigators responsibility to ensure that every precaution is exercised to preserve physical evidence in the state which it was discovered/obtained until it is released to the evidence custodian.

9. Releasing Evidence Evidence in the investigators possession is released only to the evidence custodian on another person designated by the investigators supervisors.

10. Releasing the Scene

The scene is not released until all processing has been completed. The released should be effected at the earliest practicable time, particularly when an activity has been closed or its operations curtailed.

11. Sketching Crime Scenes.

Pointers to Consider: a. To establish admissibility, the investigator must have had personal observation of the data in question. In other words, the sketch must be sponsored or verified. b. REMINDER: Sketchers are not a substitute for notes or photos; they are but a supplement to them. c. Types of sketches:
(i) Floor plan or birds-eye view; (ii) Elevation drawing; (iii) Exploded view; and (iv) Perspective drawings.

d. Write down all measurements. e. Fill in all the details on your rough sketch at the scene. (Final sketch may be prepared at the office.) f. Keep the rough sketch even when you have completed the final sketch. g. Indicate the North direction with an arrow. h. Draw the final sketch to scale. i. Draw the final sketch to scale. j. Indicate the PLACE in the sketch as well as the person who drew it. Use the KEY capital letters of the alphabet for listing down more or less normal parts or accessories of the place, and the numbers for items of evidence.

k. Methods or systems of locating points (objects) on sketch: (i) Rectangular coordinates. (Measurement at right angles from each of two walls. (ii) Coordinates constructed on transecting base line. Choose relatively fixed points for your base line. (iii) Triangulation. (Measurements made from each of two fixed objects to the point you want to plot or locate so to form an imaginary triangle. Sketch will show as many imaginary triangles as there are objects plotted.

l) Critical measurements, such as skid marks should be checked by two (2) investigators. m) Measurements should be harmony; or in centimeters, inches, yards, meters, mixed in one sketch. n) Use standard symbols in the sketch. o) Show which way doors swing. p) Show with arrow the direction of stairways. q) Recheck, the sketch for clarity, accuracy, scale, title, key.

Criminal Investigation Defined Criminal Investigation is an art which deals with the identity and location of the offender and provides evidence of his guilt through criminal proceedings. Inasmuch as it is not a science, it is not governed by rigid rules or laws but must often, it is governed by intuition, felicity of inspiration and to a minor extent by chance.

THATS ALL FOLKS!

THANK YOU & GOOD DAY..