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FUNDAMENTALS OF CRIMINAL

INVESTIGATION
AND
INTELLIGENCE

Maribeth Baguingan- Onsat


Etymology of Investigation

INVESTIGARE/ VESTIGARE- “ to
tract or to look into for traces”

INVESTIGAT- “ to tract or to look


into for traces”
Investigation
Refers to the process of carrying out a
detailed examination or inquiry usually in
official manner, to discover something or
someone.
Criminal Investigation
 Is a logical process of collection and analysis of fact about
persons, things and places relative to a crime. It includes:
A. Identification of the guilty party
B. The location and whereabouts of the guilty party
C. Providing admissible evidence to establish the guilt of the
parties involved in the crime
Criminal investigation is an undertaking that seeks, collects, and
gathers evidence of a crime for a case or specific purpose
Criminal Investigation as

An art A science A process


Based on intuition because it involves because is involves
and sometimes by the application of systematic procedures
chance forensic science

It is not governed by
rigid rules or
principles
Laws applicable in Criminal Investigation

1. 1935 Philippine Constitution,


Art 3 Sec. 17 (1)
“In all criminal proceedings, the accused
shall enjoy the right to be heard by himself
and the counsel.”
2. 1973 Philippine Constitution, Art 3
Sec. 20
 “No person shall be compelled to be a witness against
himself.” that any person under investigation for the
commission of an offense shall have the right to remain
silent, to have a counsel and to be informed of such right.
No force, intimidation, or any means, which vitiate the
free will shall be used against him. Any confession
obtained in the violation of this section shall be
inadmissible as evidence”.
3. 1987 Philippine Constitution, Art 3
Sec. 12 (1)
 “Any person under investigation of the commission of an
offense shall have the right to be informed of his right to
remain silent and to have a competent and independent
counsel preferably of his own choice. If the person cannot
afford the services of a counsel, he must be provided with
one. These rights cannot be waived EXCEPT in writing,
signed and in the presence of a counsel.”
Related case : Miranda Vs Arizona
(1966)
 It originated from the American jurisprudence. Mr. Ernesto Miranda, a Latino who was
accused of kidnapping and rape in the State of Arizona. The Arizona Police interrogated
him exhaustedly leading to his confession.
 Based on his confession, he was charged, tried and convicted, Appeal of his conviction was
made before the Arizona Supreme Court but his conviction was affirmed. The appeal was
then elevated to the US Supreme Court where there was a reversal of the decision and he
was acquitted on constitutional grounds. It was in this case that the US Supreme Court laid
down the constitutional rights of the accused during the custodial interrogation. This
constitutional right was also incorporated in the 1973 Philippine Constitution and later in
1987 Philippine Constitution. This is known as the “Miranda Rule, Doctrine or Warning.
Rights of a Person under Custodial Investigation
are as follows:

1. Right to remain silent. Anything that he/she may say may be used against
him/her in any court of law.
2. Right to have a counsel preferably of his/her own choice and if he/she has
none, the government must provide one for him
3. Right to be informed of the nature of the charges against him and whatever
he/she says may be used for or against him/her; and
 4. Right to be informed of such rights under the Constitution.
TAKE NOTE:
 These rights could be validly waived in writing and with the assistance of a
counsel in order that the ensuing confession be admissible in evidence. The
confession must also be in writing, signed and sworn to by the accused.

 In the Miranda v Arizona case, the court addressed the question on how to enforce
a suspect’s right to counsel and right against self- incrimination. The court
concluded that police officers must specifically inform suspects of these rights and
inform them that if they give up these rights their statements can be used against
them.
Republic Act No. 7438 (April 27, 1992)

 AN ACT DEFININGCERTAIN RIGHTS OF PERSON


ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF:
Section 1. Statement of Policy. – It is the policy of the State to
value the dignity of every human being and guarantee full
respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial


Investigation; Duties of Public Officers. –
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or
investigates any person for the commission of an offense shall inform the latter, in a language known to
and understood by him, of his rights to remain silent and to have competent and independent counsel,
preferably of his own choice, who shall at all times be allowed to confer privately with the person
arrested, detained or under custodial investigation. If such person cannot afford the services of his own
counsel, he must be provided with a competent and independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing
by the investigating officer, provided that before such report is
signed, or thumb marked if the person arrested or detained does
not know how to read and write, it shall be read and adequately
explained to him by his counsel or by the assisting counsel
provided by the investigating officer in the language or dialect
known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect
whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or
under custodial investigation shall be in writing and signed by such person
in the presence of his counselor in the latter's absence, upon a valid waiver,
and in the presence of any of the parents, elder brothers and sisters, his
spouse, the municipal mayor, the municipal judge, district school supervisor,
or priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any
proceeding.
(e) Any waiver by a person arrested or detained
under the provisions of Article 125 of the Revised
Penal Code, or under custodial investigation, shall
be in writing and signed by such person in the
presence of his counsel; otherwise, the waiver shall
be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be
allowed visits by or conferences with any member of his immediate family,
or any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any national non-
governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly
accredited by the Office of the President. The person's "immediate family"
shall include his or her spouse, fiancé or fiancée, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.
As used in this Act, "custodial investigation" shall include the
practice of issuing an "invitation" to a person who is
investigated in connection with an offense he is suspected to
have committed, without prejudice to the liability of the
"inviting" officer for any violation of law.
Article 16, Section 6, 1987 Phil
Constitution
 The State shall establish and maintain one police force, which
shall be national in scope and civilian in character, to be
administered and controlled by a national police commission.
The authority of local executives over the police units in their
jurisdiction shall be provided by law.
The Criminal Investigator

-Criminal investigator is the superstar in the process of investigation. He must


be capable of observation and rational thinker. Also known as PROBER.

-Criminal investigators are fact-finders since they focus their efforts on facts
that are related to criminal activities. They could be detectives from the
government or from the private sector. Some are even fictitious just like
Sherlock Holmes.
Roles of Investigator:
1. Determine whether a crime has been committed.
2. Identify the victim/s and the offender
3. Locate and apprehend the accused
4. Present evidence of guilt for the suspect/s
5. Assist in case follow up
Qualities of a Criminal Investigator:
1. Perseverance- bring the desired conclusion in spite of
obtacles.
2. Endurance- is the ability to last physically and mentally.
3. Incorruptible Honesty and Integrity
4. The Intelligence and wisdom of Solomon- investigator
could easily decipher falsehood from truth and separate the
grain from the chaff.
5. Acting Ability- the ability to go down to
the level of different types of individuals.

6. Mastery of the Oral and Written Communication

7. The keen Power of Observation and Description


8. Courage- is the moral fortitude to tell the
truth no matter who will be hurt.

9. Working knowledge of laws


10. The Power to “read between the lines”- This ability of the
investigator to interpret the words or phrases the words or
phrases encountered in the process of investigation.

11. Working knowledge of Martial Arts and firearms


proficiency.
Desirable Traits of the Investigator

1. Superior Reasoning Ability- the ability to


analyze logically a multitude of facts and
determine how they interrelate is basic to the
investigative process.
Elements from the foundation of the
Critical Thinking Process:
a. Differentiating between fact and opinion.
b. Determining cause and effect relationship
c. Determining the accuracy and completeness of information presented.
d. Recognizing logical fallacies and faulty reasoning.
e. Developing inferential skills through deductive or inductive reasoning.
2. Imagination and Curiosity

Imagination- means forming mental images


of what is not present.

Curiosity- desire to learn by being inquisitive.


3. Intuition

This is the immediate apprehension and


cognition- quick and ready insight without
the concious use of reasoning.
4. Observational Ability

Under most circumstances, the


investigator will use the sense of
seeing and hearing, the former
being the more significant.
5. Organizational Ability
The police investigator is continually
processing various types of information.
6. Legal Knowledge

Today’s investigator must possess a solid


grounding in criminal and to a lesser
degree in civil law.
7. Cultural Understanding and a wide
range of Interest
An awareness and understanding of cultures
different from the investigator’s own can be of
great advantage.
8. Persistence

Continuing in the face of opposition or


refusing to give up when faced with and
adverse situation.
Criminal Investigation:
Phases, Kinds, Goals,
Forms and Categories
CRIMINAL
INVESTIGATION
 A. Goals of Criminal Investigation
 Generally, the goals of criminal investigation are the following:
 1. To determine whether a crime has been committed;
 2. To legally obtain information or evidence;
 3. To identify persons involved in the crime;
 4. To arrest suspects ;
 5. To recover stolen properties;
 6. To present the best possible case to the prosecutor.
B. Kinds of Criminal Investigation
Generally speaking, there are only two kinds of criminal investigation:

 1. Investigation while the suspect is under arrest and detention; and

 2. Investigation while the suspect is “at large”. It means that the


suspect is not under arrest or detention, as distinguished from fugitive
from justice.
C. The Four Phases of Criminal Investigation

 1. The identification of criminal.


 2. The criminal is traced, located and arrested.
3. The facts or evidence to prove the guilt of the
accused are gathered.
4. Pieces of evidence are presented in court.
D. Components of Criminal Investigation

 1. PATTERN- Refers to a series of similarities that may link


particular cases or indicate that the same person is committing a
series of crimes.

 2. LEADS- These are clues or pieces of information that aid in the


progress of an investigation.
3. TIPS - Specifically refer to leads provided by the citizens
that aid in the progress of an investigation.

4. THEORIES- Beliefs regarding the based on the evidence,


patterns, leads, tips and other information developed and
uncover in the case.
E. Trichotomy of Criminal Investigation
 1. Training-Being a critical factor in developing good and
competent investigator, is the key to freedom from bondage of
ignorance.
 2. Tools-To establish facts and develop evidence, a criminal
investigator must use these tools-information, interview,
interrogation, and instrumentation.
 3. Technique- Essence of tactical strategy in investigation.
F. Importance of Criminal Investigation
 1. The problem on crimes and criminals should be carefully studied
and provided with solutions.

 2. It helps the five pillars of the Criminal Justice system in


recognizing and identifying criminal and provides clues or
information in promoting social justice.

 3. Anaid in enforcing the laws and the protection of lives and


properties.
G. Forms of Investigation
 1. Formal Investigation
● It refers to official inquiry conducted by a government agency in an effort to
uncover facts and determine the truth.
● It is usually considered as some form of inquiry concerning of criminal
activity.

 2. Inquest
● It is an effort to search the basic cause of an incident such as the commission of
a crime.
3. Inquisition
● A more historical description than a current usage to
describe any penetrating investigation concerning a
religious issue.

4. Probe
● Similar to formal investigation, is an extensive,
searching inquiry conducted by a government agency.
5. Research
● It is the most employed type of investigation refers to the careful, patient
investigation done by scientist or scholars in their efforts to identify original sources
of data or causes of problem.

6. Investigative Reporting
● Relatively speaking, is a recent type of investigation pursued by the members of
the press on their own initiative.
It is designed to satisfy two purposes.
✔ To attract readers/viewers
✔ To get to the roots of the problem
H. Categories of Criminal Investigation
according to John Dempsey
1.Criminal Investigation vs Non-Criminal Investigation
● Criminal Investigation - carried out by the police.

● Non-Criminal Investigation - involves on non-criminal


incidents or events.
2. Reactive Investigation vs Proactive
Investigation
 Reactive Investigation - initiated on the basis of a complaint.
Categories of Reactive Investigation
a. Walk-through
● Suspect is easily determined and located.
b. Where-are-they
● Suspect has been tentatively identified but has not been located.
c. Whodunit
● This is a case in which no suspects are initially identified.
Proactive Investigation - these are designed to catch a
criminal in the act of commiting a crime.

a. Decoy operations are of blending and decoy types to catch


criminals in flagrante delicto.

b. Undercover operations usually in the form of buy-bust and


entrapment.
● Buy-bust operation
● Entrapment
3. Overt Investigation vs Covert Investigation

a. Overt Investigation - openly.

b. Covert Investigation - in secret.


I. Basic Steps In Crime Scene Investigation

 1. Recognition- involves the efforts of identifying data, including


physical things that may provide relevant information regarding
the criminal case being investigated.

 2. Collection- refers to the act of gathering those identified data or


facts, or physical things that are significant to the case under
investigation.
3. Preservation- includes act of keeping the
collected evidences in their true and original form,
preventing contamination or destruction of its
substantive value.
4. Evaluation- the process of determining the
probative value of the evidence.
5. Presentation- it is the function that is primarily
manifested inside the courtroom.
J. STARTING POINTS OF CRIMINAL
INVESTIGATION
1. State the problem
2. Form hypotheses
3. Observe and experiment
4. Interpret data
5. Draw conclusions
K. THE SIX (6) CARDINAL POINTS OF
INVESTIGATION
 1. WHO QUESTIONS: These are questions used to inquire on the identity of the victims
or offended party, name of suspect, accomplices, accessories and witnesses of the crime.
 2. WHAT QUESTIONS: The purpose of these types of questions is to find out what
happened or what took place before, during and immediately after the commission of the
offense.
 3. WHERE QUESTIONS: These are questions that localize the place of the incident- the
city or town, the district or barangay, the street or road, the number of the house or building.
Where questions are necessary in specifically pinpointing the particular location of the
crime scene.
4. WHEN QUESTIONS: These are questions needed to determine and fix the
time, day, month and year when the crime was committed. When questions
should be specified and as accurate as possible.

5. WHY QUESTIONS: These are questions that endeavor to ascertain the


motives, causes, antecedents, previous, incidents, related facts, background
occurrences that might help explain the commission of the offense.

6. HOW QUESTIONS: These are designed to help the investigator determine


how the crime was committed, the means/tools are employed, the crime was
discovered, and the culprit enters the building/room.
L. The Golden Rule in Criminal Investigation

 Thegolden rule states “Do not touch, alter, move, or transfer any
object at the crime scene unless it is properly marked, measured,
sketched and/or photographed.”

 Thepurpose of this rule is to avoid the mutilation, alteration and


contamination (MAC) of the physical evidences found at the crime
scene.
Tools of Criminal Investigation:
INFORMATION
 INFORMATION

 is the knowledge or facts which the investigator had


gathered or acquired from persons or documents,
which are pertinent or relevant concerning the
commission of the crime or criminal activities.
A. CLASSIFICATION OF INFORMATION
AS TO ITS SOURCES
 1.Regular Sources- information are taken from records, files
from the government or non-government agencies and news
items
 2.Cultivated Sources- information are furnished by informants
and informers.
 3.Grapevines sources - information disclosed by the
underworld characters such as prisoners or ex-convicts.
B. METHODS USED IN ACQUIRING
INFORMATION
1. ELICITATION
● Obtain information through the process of direct
communication.
● One or more of the parties to the
communication is/are unaware of the specific
purpose of the conversation.
Phases:

a. Determination of the mission.

b. Selection of the subject.

c. Accomplishment of the mission.


Devices in the conduct of elicitation

A. Approach -is the process of setting people to start talking.


types:
1. Flattery- people are susceptible to praise.
Variants:
● Teacher-pupil approach – subject is treated as an authority.
● Kindred Soul approach – subject is placed in a pedestal having
some specialized quality
● Good Samaritan approach – sincere and valid
offers of help and assistance are made to the
subject.

● Partial disagreement approach-produce


talking by the word “I’m sure” if I fully agree.
“you may be right but..”
2. Provocative Approach- utilization of
conversational gambits
● Teaser Bait Approach – elicitor accumulates the
sources of knowledge about a particular subject.

● Manhattan from Missouri Approach – elicitor


adapts an unbelievable attitude above anything.
● Joe Blow Approach – it is “I know the
answer to everything” approach.

● National Pride Approach – defend


their country and its policies
B. Probe- is the process to keep the person
or subject talking incessantly
Types:
 Competition Probe –used in connection with the
teacher-pupil approach.

Clarity probe – used to elicit information in an area


which the response is not clear
High Pressure probe – it serves to pin
down a subject in a specific area

Hypothetical probe – it presents


hypothetical situation
2. CASING/ reconnaissance
 It literally means putting a
thing or place in a case to
determine its suitability for
operational use.
Methods:

a. Personal reconnaissance
b. Map reconnaissance
c. Research
d. Prior information
e. Hearsay
Information desired in Casing

a. Area condition and habit

b. Active opposition

c. Disposal plan – in case of possible compromise

d. Escape and evasion


3. SURVEILLANCE
● consist of keeping persons, place or
other targets under physical observation
Definitions of Terms

a. Pre-surveillance Conference-is a conference


held before a surveillance is conducted.

b. Stake-out is the observation of places or


areas from a fixed point.
c. Tailing or Shadowing- is the observation of a person’s
movement.

d. Undercover man- is a person trained to observe and


penetrate certain organization suspected of illegal
activities

e. Liaison Program- is the assignment of trained


intelligence personnel to other agencies in order to obtain
information
f. Safe house- is a place, building, enclosed mobile, or an
apartment, where police undercover men meet his action agent.

g. Drop- is a convenient, secured, and unsuspecting place


where agents can leave notes, small package or envelope.

h. Convoy- is an accomplice or associate of the subject.


Decoy- any person almost similar to the subject
used to avoid or elude surveillance.

Contact- refers to any person whom the subject


picks or deals with while he is under
surveillance.

Made- occurs the operation was compromised.


Lost- happens when the agent do not know the
whereabouts of their subject.

Rabbit (Hare)- is a term referring to the subject of


shadowing and tailing

Test for tailing- is the common trick of the subject when


he becomes conscious that he is being tailed.
● Types of Surveillance

a. According to Intensity and Sensitivity


● Discreet-subject is unaware that he/she is under observation
● Close- subject is aware that he/she is under observaton varied on each occassion
● Loose- applied frequently or infrequently and period of observation varied on each
occassion

b. According to Methods
● Stationary /fixed(stake-out)-when subject is not expected to move from one area.
● Moving (tailing/shadowing)- when subject moves from one place to another
● Technical- uses of communications and electronics
Shadowing, Tailing or Roping

Shadowing or tailing - act of the surveillant of


following his subject to detect criminal activities.

Roping - surveillant assumes different roles and identity


in order to obtain information.
Procedures in Fixed Surveillance

a. Using a room in a nearby house or building

b. The use of listening devices and to record


them.

c. Other surveillant may remain outdoor


Tools Used in Fixed Surveillance

a. Binocular or telescopes

b. Movie Cameras with telephoto lens

c. Wire tapping device with tape recording apparatus.

d. Other listening devices

e. In case there is difficulty in wire tapping device, an expert in lip reading


must be employed.
The Methods of Foot Surveillance

a. One Man Shadow

b. Two-Man Shadow

c. Three-Man Shadow or ABC Shadow


4. OBSERVATION AND
DESCRIPTIONS
● Observation is the complete and accurate
awareness by an individual of his surroundings.

● Description is the factual reporting of what is


observed.
Psychological Processes for Accurate Observation

a. Attention -notice taken of someone or something; the regarding of


someone or something as interesting or important.

b. Perception-a way of regarding, understanding, or interpreting


something; a mental impression.

c. Reporting-give a spoken or written account of something that one


has observed, heard, done, or investigated.
Types of Attention

a. Involuntary

b. Voluntary

c. Habitual
Factors Governing Report

a. Vocabulary

b. Time log

c. Recurrence of similar incidents


5. CLANDESTINE OPERATION –
COVERT/DISCREET

A secret action undertaken in
behalf of the government or other
friendly forces.
Basic Organizational Elements
a. Sponsor

b. Target or rabbit

c. Agent or asset


Classification of Clandestine Agent
 a. Principal Agent
 b. Action Agent
● Spy is the primary and the most important human collector
● Propagandist mold the attitudes, opinions and actions of an individual
group
● Saboteur undertake positive actions against unfriendly power resulting in
the loss of an article, material or facility.
● Guerilla is a member of paramilitary group organized to grass the
enemy.

● Strongman is an agent available to provide special protection.

● Provocateur induces an opponent to act to his own detriment.

c. support agent
6. COVER AND UNDERCOVER

a.Cover – any device utilized


conceals the true nature of its acts
and/or existence from the observer.
Essential Types of Cover
 Natural cover-using true or actual personal background to fit the purpose of
under-cover operation.
 Artificial Cover – a cover using biographical data adopted for a fictitious
purpose
 Cover within a cover – use of secondary cover in case of compromise
which necessitates the admission of a lesser crime.
 Multiple cover – adoption of any cover identity wished, as wished by the
undercover agent.
Hazards to Cover

● Static or dormant opposition (ordinary citizen)


● Unhostile active opposition (police, security agencies)
 ● Hostile active opposition (enemy intelligence
operatives)
b. Cover Story – a biographical data which will portray the
personality of the agent he assumed.

c. Cover Support –assigned in target areas with the primary


mission of supporting the cover story.

d. Organizational Cover – any account consisting of


biographical data which when adopted by an individual will
assume the personality he wants to adopt.
7. Undercover Assignment
is a form of investigative technique whereby
undercover agent assume another identity or conceals
his official identity in order to infiltrate the ranks of
criminal syndicates.
Uses of Undercover
 (1) where information or evidence cannot be readily obtained in an open
investigation;
 (2) when an open investigation has proven unsuccessful;
 or (3) when it is indicated that an undercover operation will reduce time and
expenses involved in the completion of an investigation.
 Used independently to get first-hand information about the subject of
investigation.
Types of Undercover Assignment
 1. Dwelling Assignment– it is one where the undercover agent
establishes residency in or near the dwelling which houses the
suspect
 2. Work Assignment – places the undercover agent in a type of
employment where he can observe the activities of the subject at
his place of work.
 3. Social Assignment – requires the undercover agent to frequent
places of entertainment and amusement known to be habitually
visited by target personalities and their associates.
4. Multiple Assignments – An undercover is
given a task of covering two or more of the
above specific assignments simultaneously.
5. Personal Contact Assignment or “Rope Job”
– the undercover agent is required to develop
friendship and trust with the target personality
for purposes of obtaining information or
evidence.
Undercover agent – the police, law
enforcement agencies and intelligence
collection units are routinely involved
in undertaking undercover operations.
Special Qualification

● Knowledge of the language


● Background regarding events
● Knowledge about the customs and habits
● Physical appearance
● An artist or an actor
Factors to consider in the Selection of Action
(Undercover) Agents

● Placement
● Access
- Primary Access
- Secondary Access
- Outside Access
General Nature of Agent Handling

● Sharing secret purpose.


● Agent controls the agent operationally and
administratively.
● Rapport with each other.
● Respect with each other.
8. INFORMANT AND INFORMER
a. Informant - any person who gives information to the
police authorities relative to a crime.
Refers to a person who gives information to the police
voluntary of involuntary, without any compensation.

b. The Informer- is a person who provides information to


the police on a regular basis. They are either paid
regularly or in a case-to-case basis, or none at all.
Informants - Informants pertains to a person who give information to the
police with reward or otherwise.

Informant Net - Controlled group of people who worked through the


direction of the agent handler. The informant’s principal or cut-outs supply
the agent handler directly or indirectly of intelligence information

Agent handler – Refers to a person who manage the so called agents (called
secret agents or spies in common parlance), principal agents, and agent
networks (called "assets") by intelligence officers typically known as case
officers.
The Types of Informants
● Anonymous Informant -those who give information through telephone with the hope that
the informant cannot be identified.
● Rival-Elimination Informant- an informant is usually an anonymous caller who tries to
inform the police regarding a particular criminal activity to eliminate a rival or competitor.
The elimination of rivals can provide an opportunity to a group of individuals to
monopolize an illegal business in order to increase their income.
● False Informant -an informant who reveals information usually of no consequence or
untrue in order to mislead the police r investigation of the case at hand.
● Frightened Informant- an informant who gives information to the police because of the
belief that his safety and the safety of his loved ones might be compromised. This
frightened informant is usually molded by fear of self-interest.
● Self-Aggrandizing Informant -an informant who has many contacts in criminal circles
and feels importance by giving information to the police. A type of informant surprisingly
provides information regarding a crime to win favorable attention from the media which
could put him in the spotlight, making him an instant celebrity.

● Confidential Informant -an informant who gives information to the police pertaining to
the underworld about organized criminals with the understanding that his identity will be
protected.

● Mercenary Informant - gives information in exchange for reward or money.

● Double-Crosser Informant -he/she gives information, but the objective is also to get more
information from the police and their activities.

● Women Informant- She could be an associate of the syndicate. She uses her body to
obtain more information.
Motives of Informants
1.Reward
2.Revenge
3.Patriotism
4.Fear and avoidance of punishment
5.Friendship/Career Development
6.Vanity
7.Civic-mindedness
8.Repentance
9.Competition
STEPS OF INFORMANTS RECRUITMENTS
1. SELECTION
It (SIAT)
is particularly desires to identify and recruit an informant who has access to many criminal in-groups or
subversive organizations. Access is probability the single most important feature in the consideration of recruiting
the potential informants.
2. INVESTIGATION
The investigation of the potential informants who is tentatively identified as "probable" must be as thorough as
possible. It must establish possible existing motives as to why this person might assist the police intelligence
community. If necessary, conduct background investigation (CBI).
3. APPROACH
This must be done in a setting with pleasant surroundings like a confidential apartment which is completely free
from any probability of compromise. The place is preferably in an adjacent city or remote area foreign to the
informants living pattern. In here, it also includes explanation of contract.
4. TESTING
It should begin with limited assignment, with gradual integration into more important areas. The occasional testing
of an informant should continue though the entire affiliation.
Factors to consider in Informant Recruitment

● Sex

● Health

● Ability

● Age

● Education

● Personality
Dismissal of Informants
● The handler should avoid antagonizing the
informant.

● Explain properly and humanely the reasons of


dismissal.

● If file of the informant exists, dismissal must be in


writing for future references.
Tools of Criminal Investigation:
Interview
Interview- is the simple questioning
of a person who cooperates with the
investigator.
Cognitive Interview- conduct of interview upon
willing and cooperative witnesses, to narrate their
accounts without interruption.

Question and Answer- interview style whereby after


each question by the investigator, the interviewee is
required to answer.
The Golden Rule in Interview

“Never conduct or let anyone


conduct an interview if the
interviewer has not gone to the crime
scene.”
Qualities of a Good Interviewer

1. Rapport
2. Forceful Personality
 3. Knowledge of Human Behavior
4. Conversational Tone of Voice
5. Acting Qualities
6. Humility
Interview Format (IRONIC)
 1. Identity - The investigator should identify himself to the witness by name,
rank and agency.
 2. Rapport
 3. Opening Statement
 4. Narration- Allowing the witness to present in a narrative form without
injecting questions.
 5. Inquiry- After the witness has told the story, the investigator can make
clarifying inquiries.
 6. Conclusion -The interview should be concluded when the witness has
nothing pertinent to offer.
Reasons Why Witnesses Refuse to Talk or
Testify
1. Fear of Reprisal
2. Great Inconvenience
 3. Hatred Against the Police
 4. Bias of the Witness
 5. Avoidance of Publicity
 6. Family Restriction
Stages of Handling the Interview
●Preparation – investigator should review the facts in order that he
would be ready for the questioning.
● Approach – investigator must carefully select his kind of
approach.
● Warming Up –clear the atmosphere, promote a conducive ground
for cordiality, respect and trust for each other.
● Cognitive Interview
Rules in Questioning a Person Involved in
a Crime
1. Ask Question at a Time
2. Avoid Implied Answers
3. Questions should be clearly stated
4. Saving Faces
5. Yes and No Answers are not Allowed
Types of Witnesses According To Their
Attitude
 1. Know-nothing Type
 2. Disinterested Type
 3. The Drunken Type
 4. Talkative Type
 5. Honest Witnesses
 6. Timid Witnesses
 7. Witnesses who refuse to answer
Tools of Criminal Investigation:
Interrogation
.Interrogation
 is the aggressive and confrontational questioning of a person about his participation in a
crime.
 The subject maybe a suspected offender or a person who is reluctant or unwilling to
make a full disclosure of information in his possession which is pertinent to the
investigation of a criminal case.
 is an art employed in questioning suspects for the purpose of getting specific
information which could be in the form of admission or confession about the
commission of a felony or offense.
 is a formal questioning whereby aggressive and accusatory questions can be asked to the
subject.
 practice, it can be used in questioning hostile witnesses.
 Police investigators cannot learn proper interrogation
by merely reading books. The success of interrogation
depends on its legality, topic, physical insight, and
experience.
 One aspect of investigation where there is strict
observance of Miranda doctrine.
Phases of Interrogation
 1. Planning of Interrogation
 2. Approach (Meeting the Interrogee). The first meeting in which it is
extremely critical because the outcome may depend on the initial impression
created by the interrogator.
 3. Questioning. This is the heart of the interrogation.
 4. Termination. The termination of the interrogation will depend on various
factors such as the physical condition of the subject.
 5. Recording. The interrogator should take notes in cryptic if possible.
 6.Reporting. The end product of an interrogation is the Tactical Interrogation
Report containing the information gained. Report must be made orally or in
written form.
The Techniques of Interrogation
1. Emotional Appeal
 Investigator is an actor & psychologist
 Appeal to the emotion of the suspect until he confesses.
 Applicable to 1st time offender, emotional person, nervous

2. Sympathetic Approach
Dig first into past troubles, unfortunate events in the life of suspect
Offer help, kindness, and friendship to win his cooperation.
3.Friendly Approach
Create a pleasant and welcoming atmosphere
Show sincerity to induce the suspect in confessing

4. Tricks and Bluffs


a.pretense of solid evidence against the accused-the investigator bluffs the
suspect that even if he will not confess, there is enough evidence to send him
to jail. If he will confess, the investigator will see to it that his prison term
will be within the range of probation.

b.The weakest link-among the suspects there must be a careful selection of


who among them is the weakest link where the interrogation will begin. By
tricks and bluffs this weakest link will be told that his companions had
already confessed. That this weakest link had dealt the fatal blow or that he
received the lion's share of the loot in order to intrigue him.
c.Drama-the weakest link maybe used to fake pain and agony by ordering him to shout, accompanied by banging
a chair on the wall to make it appear that the commotion is going on. The other suspects in separate rooms must
hear the drama before telling them that their partner had confessed.

d. Feigning contact with the family members-the suspect could be tricked the investigator had gone to the
residence and the family members had supplied facts against the suspect. The suspects' family will be dragged
into the investigation if the suspect will not confess.

e. The line up-the complainant, witness or victim is required to point positive lead a suspect who is among
persons in the police lineup. The witnesses, victims or complainants are previously coached about the identity
of the suspect.

f. The reverse line up-the suspect is placed among other persons in a line-up and he is identified by several
complainants and witnesses who will associate the suspect in other several crimes. This will cause the suspect
to become desperate and confess only to the case under investigation to avoid from being charge of false
accusations.
5. Stern Approach – The investigator displays a stern (demands immediate response)
personality towards the suspect by using the following methods:

a. Jolting –investigator selects the right moment to shout to the subject with a pertinent
question in an apparent righteous outrage.The suspect's nerves will break to a confession.

b. Opportunity to Lie – the suspect is given all the opportunities to lie. The suspect is
questioned about his personal life, family, friends and his knowledge about the complainant
and witnesses. Then the suspect is questioned about his activities prior, during and after the
commission of the crime. This is repeated many times, to include the investigator focusing
his questions about the knowledge of the suspect of the crime. The suspect will be
enmeshed in contradictions, which is now capitalized by the investigator to get the truth
from the suspect. If possible, the interrogation must be taped recorded for purposes of
emphasis during the confrontation of the contradictions.
6. The Mutt and Jeff or Sweet and Sour Method
SWEET-AND-SOUR METHOD - the first set of investigators must appear to be
rough, mean and dangerous. When they had finished the interrogation, the second
investigator intervenes by stopping the first set of investigators. By being
sympathetic and understanding he begins his interrogation. If the suspect still
refuses to cooperate, then the process is repeated until there is a confession.

7. Removing the Ethnic or Cultural Barrier


if the suspect is an Ilocano, he should be interrogated by an Ilocano investigator
and the same with the other ethnic and cultural groups. It is the Filipino's way of
life that we put our trust and confidence to those who belong to our clan or tribe.
The interrogation must be in the language or dialect of the suspect so that we could
get his full confidence.
8. Searching for the Soft Spot
in every man's heart, there is always the softest part spot. The heart may have been harden to
steal by poverty, destitution, hopelessness, despair, apathy, indifference, injustice, hatred or
other factors, yet there is always that spot which could be discovered by the investigator
through his knowledge of human behavior. That spot maybe the youngest child, the wife, the
mother, the brother who acted as his father, the grandparents or the best friend.

9.rationalization
it is the use of reasons, which is acceptable to the subject that led to the commission of a
crime. Thus, it maybe said but sometimes, killing is a necessity rather than by purpose or
design. Robbery maybe a necessity to feed a starving family. Application of this techniques
depends upon the nature of the crime.
10. projection
it is the process of putting the blame to other persons, not alone to the suspect.
The murderer may blame the mastermind of corrupting him with big sums of
money, or the mastermind blaming the greediness of the victim or the husband
blaming the wife for his infidelity or that it is a necessary evil as the victim is
playing to kill the suspect planning to kill the suspect.

11. minimization
it is the act of minimizing the culpability of the suspect. The investigator
convince the suspect that a confession will reduce the offense and the penalty.
Thus, it could be studied by the investigator if there is a way to downgrade
murder to homicide or the introduction of mitigating circumstances with a result
of penalty being within the range of probation.
Physical Signs of Deceptions

1. Excessive Sweating


2. Face Color Change
3. Dry Mouth
4. Excessive Breathing
5. Increase of Pulse Beat
6. Avoidance of Direct Eye Contact
Tools in Criminal Investigation:
Instrumentation
INSTRUMENTATION
 ● It is sometimes called Criminalistics.
● It is the process of applying instruments or tools of the
police sciences in criminal investigation and detection. ● This
is the use of the Police Laboratory in the examination of
physical evidences.
The different divisions of forensic science
include:
1. POLYGRAPHY OR LIE DETECTION TEST – focused in
detecting deception.
2. POLICE PHOTOGRAPHY – division of forensic science focused
in providing pictorial record of the crime scene.
3. FORENSIC CHEMISTRY
It involves the use of the science of chemistry in the examination of
fibers, hairs, powder burns, blood, stain, paints, poisonous
substances and other matters in their relevance to the investigation.
4. FORENSIC MEDICINE – used to determine the cause of death as
one of the elements of corpus delicti and it could also approximate
the time of death and other pertinent and relevant matters in the
investigation.

5. FORENSIC BALLISTICS or FIREARMS IDENTIFICATION.


This is the science of firearms identification.
6. DACTYLOSCOPY or PERSONAL IDENTIFICATION. This is
otherwise known as the science of fingerprint identification.
7. QUESTIONED DOCUMENTS EXAMINATION - establish if
there is alteration, superimposition, or erasures, either mutually or
chemically of a document.
8. FORENSIC ODONTOLOGY. The remove of dentures
are of paramount importance in the identification of
unknown bodies especially when other means of
identification is lost.

9. FORENSIC PSYCHOLOGY. This is a very recent


science in the field of criminal investigation and detection.

10. FORENSIC COMPUTER TECHNOLOGY. This is the


age of advanced information technology.
Modern discoveries of instrumentation

 1.DNA (DEOXYRIBONUCLEIC ACID) = DNA Fingerprinting is


considered to be the ultimate identification test in the conduct of criminal
investigation. It provides 100 percent positive identification of a suspect
whose blood, semen and/or other DNA-bearing body tissues of fluids were
found at the crime scene or with the victim.
 2. Hair Examination. The roots of the hair when examined under this new
technology will determine the presence of drugs taken by the person two
years prior to the said examination.
 3. Automated fingerprint identification system. A questioned
fingerprint is feed into the AFIS machine which will
automatically search the files of fingerprints and renders
report in matters of seconds.

 4.GLOBAL POSITIONING SYSTEM (GPS). This is for


the effective identification on the location of criminals and
objects thru modern and special gadgets. It points out the
exact location of the subject or the person who committed
the crime.
END OF MIDTERM COVERAGE..

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