CDI 1 – FUNDAMENTALS

OF CRIMINAL
INVESTIGATION AND
INTELLIGENCE
Prepared By: JESS GONZALES CABANGON, RCrim.
 Basic terminologies

Fundamental  pertaining to the foundation or basis; serving as

a foundation.
 in other word, it is an essential, paramount, crucial, vital
or very important.

Criminal  may be defined in three different views:

Criminological Sense
 A person may be considered as a criminal from the time he or
she committed the crime regardless whether or not it has been
reported to the police for investigation.
 Basic terminologies

Criminal  may be defined in three different views:

Criminal Justice Sense

 A criminal may be defined as one who has undergone the
process and went through all the pillars of the Criminal Justice
System.
Legal Sense
 A person may be considered a criminal only upon undergoing
in the judicial process and upon determination by the court that
he or she is guilty beyond reasonable doubt.
 Basic terminologies

Investigation  Literally means the act or process of careful

inquiry or research; The systematic examination of some
scientific detail or question whether by experiment or
mathematical treatment.

According to the PNP Criminal Investigation Manual:

Investigation  the process of inquiring, eliciting, soliciting and
getting vital information, facts and circumstances in order to
establish the truth.
 ORIGIN OF THE WORD

Investigation  etymology  Latin word “Investigare or

Vestigare” or “Investigatus”  “to trace or track”.
 “Vestigium”  which means footprint
 “Investigationem” meaning searching for.

Old French:
 “Investigacion” which means a searching into.
 Basic terminologies

Criminal Investigation  is the collection of facts in

order to accomplish the three-fold aim: (mnemonic 
ILP)
1. Identify the guilty party
2. Locate the guilty party
3. Provide evidence of his guilt
 Basic terminologies

Criminal Investigation  It involves the systematic process of

identifying, collecting, preserving and evaluating information for
purposes of bringing criminal offender to justice.

Criminal Investigation is considered a reconstructive process. It

uses the logical process of deductive reasoning in which a
conclusion follows from specific facts. Criminal investigator
establish proof that a suspect is guilty of an offense based on
specific pieces of evidence.
 Basic terminologies

Deductive Reasoning  it forms a general conclusion prior to

having a complex explanation based on facts.

Criminal Investigator  a public safety officer who is tasked to

conduct the investigation of all criminal cases as provided for and
embodied under the Revised Penal Code/ Criminal Laws and
Special Laws which are criminal in nature.
 Is a law enforcement officer who are trained, disciplined
and experienced to conduct criminal investigation and the
one who carry the objectives of criminal investigation.
 Objectives of Criminal Investigation

The true objective of criminal investigation is the conviction of

the participants and the ending of criminal activity. However, due
to the changing nature of such activities, this goal becomes more
complex. The objectives of criminal investigation are more
clearly enumerated below:
1. To detect crime
2. To locate and identify suspects in crimes
3. To arrest suspects in crimes
4. To recover stolen property
5. To prepare sound criminal cases for prosecution
 PRIMARY JOB OF AN INVESTIGATOR

The primary job of the investigator is to

discover whether or not an offense has been
committed under the law. He must establish
or answer the 6 cardinal points.
SIX CARDINAL POINTS OF INVESTIGATION
 Anatomy of Crime
For any crime to happen, there are three elements or ingredients
that must be present at the same time and place. These are the
Motive, the Instrumentality and the Opportunity.

 A. Motive  refers to the reason or cause why a person or

group of persons will perpetrate a crime. Examples are dispute,
economic gain, jealousy, revenge, insanity, thrill, intoxication,
drug addiction and many others.
 Anatomy of Crime
 B. Instrumentality  is the means or implement used in the
commission of the crime. It could be a firearm, a bolo, a fan
knife, an ice pick, poison or obnoxious substance, a crowbar
motor vehicle, etc. Both the Motive and Instrumentality belong to
and are harbored and wielded respectively by the criminal.

 C. Opportunity  consists of the acts of omission and/or

commission by a person (the victim) which enables another
person or group of persons (the criminal/s) to perpetrate the
crime.
 Anatomy of Crime
Illustrative examples include leaving one’s home or car
unattended for a long time, walking all alone in a well-known
crime prone alley, wearing expensive jewelries in slum area,
readily admitting a stranger into one’s residence and the like.
Opportunity is synonymous with carelessness, acts of indiscretion
and lack of crime prevention consciousness on the part of the
victim.
 Reasons Why Crime Should Be Investigated
a. Future deterrence of Offenders  the identification and punishment of
a criminal offender will hopefully deter him from other misconduct in the
future.
b. Deterrence to Others  identification and punishment of an offender
may likewise deter others from engaging in similar undesirable activities.
c. Community Safety  the investigative process also promote public
safety by identifying and bringing to court persons who pose a serious
threat to the safety of the community due to violent or otherwise strong
anti-social behavior.
d. Protection of the innocent finally, accurate investigations help to
insure that only conduct which is in fact criminal is punished, and the
innocent parties will not be subjected to prosecution.
 When to Investigate?
The police officer initially conducts investigation when
the following occur;
1. Complaint filed
2. Crime committed or crime is in progress
3. Drug related offense
4. Traffic accident
5. Operation of organized crime
6. Suspect is under arrest and detention
7. Suspect is at large and or fugitive from justice.
 What does the suspect is “At Large” means?
“At Large”  means the suspect is not under arrest or detention
and not being a wanted person in the eye of the law, and therefore
cannot be lawfully arrested without a warrant.

What does “Fugitive from Justice means”?

“Fugitive from Justice”  an individual who, after having
committed a criminal offense, leaves the jurisdiction of the court
where such crime has taken place or hides within such
jurisdiction to escape prosecution. Also known as “Escaped
prisoner”.
 Is investigation an Art or Science?
 It is an art or science which deals with the identity,
location of the offender and provides evidence of guilt
through criminal proceedings.
 It is an Art because it ruled by intuition, felicity of
inspiration, and to a minor extent by chance or luck.
 It is a science because it involves the application of
knowledge of forensic sciences in the process of
identifying, locating, collecting, processing, and/or
evaluating physical evidences.
 Is Criminal investigation an Art or Science?
 It is an art because it is not governed by rigid rules but
based on intuition and to a minor extent, by chance.

According to Dr. Hans Gross, criminal investigation is

governed by:
 95% -Perspiration  intuition
 3% - Inspiration  felicity of inspiration
 2% - Luck  chance
 ANCIENT ROOTS OF INVESTIGATION
ENGLAND (1720)
 Jonathan Wild  a buckle maker and a brothel operator; A
master criminal who became London’s most effective criminal
investigator. Most famous thief catcher for pioneering the logic
“employing a thief to
catch a thief”.
Two Classes of Early Thief Catchers:
1. Hirelings – whose motivations were mercenary in nature;
2. Social Climbers – who would implicate their accomplices in
order to move up the social ladder.
 ANCIENT ROOTS OF INVESTIGATION
1749
 Henry Fielding  a magistrate in London, who founded a group of
non-uniformed thief catchers attached to the Bow Street Court whose
function was to detect and watch criminals.

 John Fielding  the blind younger brother of Henry Fielding who took
over control of Bow Street Court (1753) He called it “Bow Street
Runner”  first privately paid group to follow- up investigation of
crime. He initiated the practice of developing paid informants, printing
wanted notices, employing criminal raids, and bearing firearms and
handcuffs.
 ANCIENT ROOTS OF INVESTIGATION
FRANCE (1811)
 Eugene “Francois” Vidocq  a former convict who became
a Paris investigator. Introduced the trade protection policy →
forerunner of Credit Card System

1829, LONDON
 Sir Robert Peel  founded the London Metropolitan Police
the SCOTLAND YARD Bobbies. He presented the art and
techniques of surveillance such as detectives concealing
themselves while discreetly taking photograph and recording
conversation.
 ANCIENT ROOTS OF INVESTIGATION
1835, USA
 Texas Rangers  was organized as first law enforcement agency with
statewide investigative authority, the forerunner of the Federal Bureau
of Investigation (FBI)

1852, USA
 Allan Pinkerton  became America’s most famous private
investigator who was considered as the founder of American Criminal
Investigation System. Spearheaded the use of the telegraph, the
railroads and photography. He can also be credited with establishing the
practice of handwriting examination in U.S. courts Credited for
perfecting the techniques of Undercover Investigation.
 ANCIENT ROOTS OF INVESTIGATION
1856, USA
 Mrs. Kate Warne – was the first woman detective hired by Pinkerton
agency.

1877, ENGLAND
 Howard Vincent -a civilian lawyer who became the head of the
Criminal Investigation Department hired by Sir Robert Peel.

1882, FRANCE
 Alphonse Bertillon – a French Police Clerk who was recognized as the
founder of Criminal Identification for introducing the first systematic
identification system based on Anthropometry.
 ANCIENT ROOTS OF INVESTIGATION
1887, England
 Dr. Arthur Conan Doyle was a British writer and physician, most
noted for creating the fictional detective Sherlock Holmes and writing
stories about him which led to the public consciousness for forensic
science.

1891
 Dr. Hans Gross was an Australian Criminal Jurist who published the
book “Criminal Investigation” introducing the first comprehensive
description of physical evidence in solving problems. Credited in
coining the word “CRIMINALISTICS” Father of
Criminalistics/Criminal Investigation
 ANCIENT ROOTS OF INVESTIGATION
1954, USA
Dr. Paul Kirk  one of the best known American Criminalist,
headed the Department of Criminalistics at the University of
California, USA.

1961
Mapp vs. Ohio  US Supreme Court ruled that “illegally
obtained evidence is inadmissible”. The case that established the
“Doctrine of the Fruit of the Poisonous Tree”.
 ANCIENT ROOTS OF INVESTIGATION
1966
Miranda vs. Arizona  established the rights of a person under
custodial investigation.

The US Supreme Court established procedural guidelines for taking

criminal confessions.
 1. Right to remain silent with explanation that anything he might
say may be used against him in the court of law
 2. Right to talk to a lawyer, a relative, or a friend, and have a
lawyer ready and a friend present while he is being questioned
 3. Right to the appointment of a lawyer if he cannot afford one.
 ANCIENT ROOTS OF INVESTIGATION

1985
People Vs. Galit  The right to a counsel may be waived but the
waiver, to be valid, must be made with assistance of a counsel.
 CONCEPT AND PRINCIPLES OF CRIMINAL
INVESTIGATION

Criminal Investigator  He is the skilled person who is

charged with the duty of conducting criminal investigation
when a crime is committed.
 a public safety officer who is tasked to conduct the
investigation of all criminal cases as provided for and
embodied under the Revised Penal Code/ Criminal
Laws and Special Laws which are criminal in nature.
 CONCEPT AND PRINCIPLES OF CRIMINAL
INVESTIGATION

Training:
The National Forensic Science Training Institute (NFSTI) under
the PPSC, is an institution that trains uniformed personnel of the
PNP to become a certified investigator. All investigator in any
police unit must be a graduate of prescribed investigation course
(CRIDEC) with a rank at least PO2 or Police Corporal (pre-
requisite to assignment).
 PRIMARY JOB OF AN INVESTIGATOR

The primary job of the investigator is to

discover whether or not an offense has been
committed under the law. He must establish
or answer the 6 cardinal points.
 QUALITIES OF A GOOD INVESTIGATOR

1. Perseverance  steadfastness, persistence and

resolution to bring the desired conclusion in spite of
obstacles connected with criminal investigation.

2. Endurance  The ability to last physically and

mentally hence, he must have the extra ordinary
physical and mental energy, enduring sleepless nights
and tiresome days.
 QUALITIES OF A GOOD INVESTIGATOR

3. Incorruptible Honesty and Integrity  In the

practice of this art, there is the ever temptations of money,
women and drinks, where these are present in every corner
playing tricks and temptations.

4. The Keen Power of Observation and Description 

these are very important in crime scene investigation and
in interview and interrogation.
 QUALITIES OF A GOOD INVESTIGATOR

5. The Intelligence and Wisdom of Solomon  This is very

important in order that the investigator could easily decipher
falsehood from truth and separate the grain from the chaff.

6. The Knowledge of Psychology and other Natural Sciences

 He must know the different patterns of human behavior, the
prevailing situations in a specific environment and the laws of
nature. This is an armor to detect deceptions, and lies when
dealing with witnesses, and informers and suspects.
 QUALITIES OF A GOOD INVESTIGATOR

7. Acting Ability  It is the ability to go down to the

level of the minor, the prostitute or slum dwellers or the
level of the other professionals or the members of the elite.

8. Mastery of the Oral and Written Communications

 in order that he will not suffer setbacks in getting
accurate facts.
 QUALITIES OF A GOOD INVESTIGATOR

9. Courage  it is the moral fortitude to tell the truth no

matter who will be hurt.

10. Working Knowledge of Criminal Law, Evidence,

Criminal Procedure, and Penal Special Laws.

11. Sense of Justice and Fair play

12. The Power to Read Between the Lines

 QUALITIES OF A GOOD INVESTIGATOR

13. Working Knowledge of Martial Arts and Firearms

Proficiency  He will find himself in many occasions
that he will be alone in confronting, arresting, bringing to
headquarters and interrogating the suspect.
 THREE TOOLS OF INVESTIGATION
(3 I’s of Investigation)

1. INFORMATION

2. INTERVIEW / INTERROGATION

3. INSTRUMENTATION
 THREE TOOLS OF INVESTIGATION
(3 I’s of Investigation)
1.INFORMATION  It is the knowledge or data which an
investigator acquired from other persons and records.
 It is the knowledge of facts which the investigator had
gathered from persons or documents, which are pertinent
relevant concerning the commission of criminal activities.

TWO GENERAL CLASSIFICATIONS OF SOURCES OF

INFORMATION:
1. OPEN SOURCES – 99% (OVERT)
2. CLOSE SOURCES – 1% (COVERT)
 SOURCES OF INFORMATION
1. REGULAR SOURCES records, files from government and
non-government agencies, news items.
 The bulk of information of this nature is news items.

2. Cultivated Sources information furnished by Informants or

Informers.
 information gathered upon initiative of the investigator
from informants, vendors, taxicab driver, GRO, and
others.
 SOURCES OF INFORMATION

3. Grapevine Sources these are information coming

from the underworld characters.
 these are information coming from the
underworld characters such as prisoners and ex-
convicts.
 FORMS OF INFORMATION

1. SENSORY FORM – 5 senses

2. WRITTEN FORM – Affidavits

3. PHYSICAL FORM – Physical Evidence

 PERSONS AS SOURCES OF INFORMATION

1. Informant Net  It is a controlled group of

people who worked through the direction of the
agent handler.

2. Informants (Asset)  people selected as

sources of information, which could be voluntary, or
in consideration of a price.
 INFORMER VS. INFORMANT
INFORMANT  Is any person who furnishes the police
information relevant to a criminal case about the activities of
criminals or syndicates. They provide information to the prober
voluntarily without any consideration.

INFORMER  The person who provides information to the

police on a regular basis mainly for purposes of rewards or
remuneration. They are either paid regularly or on a case-to-case
basis, or none at all
 TYPES OF INFORMANTS

1. Anonymous Informant  one who provides

information to law enforcement while refusing to identify
himself or herself.

2. Rival-Elimination Informant  gives information to

eliminate the rival person or gang due to competition or
other motives such as revenge.
 TYPES OF INFORMANTS

3. False Informant  reveals information of no

consequence or no value.

4. Frightened Informant  motivated by anxiety; he

may be one of the lesser gang members who runs to the
police when his gang mates are about to be involved in
dangerous situation or when the gang he belongs is hot on
the police trail. They are considered as the weakest link in
the composition of the criminal chain.
 TYPES OF INFORMANTS

5. Self-Aggrandizing Informant  this kind of

informant moves around the center of criminals, group or
syndicate and delight in surprising the police about bits of
information.

6. Mercenary Informant  Sells information. He/she

could be one of the members of the syndicate.
 TYPES OF INFORMANTS

7. Double-Crosser Informant  confesses information

as an excuse to talk to the police in order to get more
information from them more than he gives.

8. Woman Informant  she could be an associate of the

syndicate. She uses her body, charm & beauty to obtain
more information.
 Considered as the most dangerous
 TYPES OF INFORMANTS

9. Incidental Informant  individuals who furnish

information with no intention of repeating his services of
furnishing information on continuing basis.

10. Casual Informant  individuals who by social or

professional position, possesses or has access to
information to the investigation unit, either in response to
a specific request or on his own initiative.
 TYPES OF INFORMANTS
11. Automatic Informants  those by virtue of their official
positions are expected or obligated to furnish information openly
to the investigation unit in normal course of their duty.

12. Recruited Informant  individuals that are selected, trained

and utilized as continues and covert sources of information
concerning specific counterintelligence targets.

13. Legitimate Informant  operators of legitimate business

establishments.
 MOTIVES OF INFORMANTS

a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration
 INTERVIEW AND INTERROGATION

A Philosophy of Interview and Interrogation:

The RIGHT officer

asking the RIGHT questions
in the RIGHT manner
at the RIGHT time and in the RIGHT place
will get the RIGHT answers.
 INTERVIEW AND INTERROGATION
INTERVIEW  It is the simple questioning of a person who
cooperates with the investigator. These are witnesses who
voluntarily give their accounts about the commission of the
crime.
 Is a conversation with a purpose, motivated by a desire to
obtain certain information from the person being interviewed
as to what was done, seen, felt, heard, tasted, smell or known.

 This is the questioning of a person believed to possess

knowledge that is in official interest to the investigator.
 INTERVIEW AND INTERROGATION

INTERROGATION  Is the skillful questioning of a

hostile person suspecting of having committed an offense
or a person who is reluctant to make a full disclosure of
information in his possession which is pertinent to the
investigation.
 Purposes/Objectives of Interrogation

a. To obtain valuable facts.

b. Eliminate the innocent.

c. Identify the guilty party; and

d. Obtain confession/admission
 CONFESSION V. ADMISSION

CONFESSION  Is an acknowledgement of guilt made

by a person after an offense has been committed

ADMISSION  Is statement made for some purpose

other than to acknowledgement of guilt.
 INTRUMENTATION
 Scientific examination of real evidence, application of
instruments and methods of physical sciences in
detecting crime. It is the sum total of the application of
all sciences in investigation known as “Criminalistics”.
 It is the application of instruments and methods of
physical science to the detection of crimes. In cases
where there are no significant physical evidence to be
found, then the use of instrumentation is relatively
unimportant.
 THE POLICE SCIENCES INVOLVED
Polygraphy
Police Photography
Forensic Medicine
Forensic Chemistry-Toxicology
Forensic Ballistics
Dactyloscopy
Questioned Document Examination
Odontology
Forensic Psychology
Forensic Computer Technology
PHASES OF CRIMINAL INVESTIGATION
PHASE I
IDENTIFY THE SUSPECT

PHASE II
LOCATE AND APPREHEND THE SUSPECT/S

PHASE III
GATHER AND PROVIDE EVIDENCE TO
ESTABLISH THE GUILT OF THE ACCUSED.
 PHASE I: IDENTIFY THE SUSPECT
The Four Methods of Identifying the Criminals:

1. By Confession or Admission

2. By Accounts or Testimonies of Witnesses (Eye Witness)

3. By Circumstantial Evidence

4. By Associative Evidence
 1st Method of Identifying the Criminals
CONFESSION  It is the direct acknowledgement of guilt
arising from the commission of a crime. A statement of the
suspect directly acknowledging his guilt.

ADMISSION  A self-incriminatory statement by the subject

falling short of an acknowledgment of guilt. It is the
acknowledgement of fact or circumstance without accepting
guilt.
 TYPES OF CONFESSION
1. Judicial Confession  made by the suspect/accused in open court.

Sec. 2, Rule 129, Rules of Court states that "Judicial Admission is made by
the party in the pleadings, or in the course of the trial or other proceedings
do not require proof and cannot be contradicted unless previously shown to
have been made through palpable mistake."

2. Extra-Judicial Confession  made by the suspect during custodial

investigation this must be supported by evidence of “Corpus Delicti”
 KINDS OF EXTRA-JUDICIAL CONFESSION
1. Voluntary Extra-judicial Confession  The confession is voluntary
when the accused speaks of his free will and accord, without inducement of
any kind, with a full and complete knowledge of the nature and the
consequence of the confession.
RULES TO BE OBSERVED
 Must be taken preferably in writing and under oath.
 It must be written in the language known and understood by the
accused, if not it must be clearly translated.
 It must be freely and voluntary given by the accused
 Under the New Constitution, it must be taken in the presence of
competent and independent counsel chosen by the accused
 Signed by the confessant or thumb marked
 KINDS OF EXTRA-JUDICIAL CONFESSION
2. Involuntary Extra-judicial Confession  Confessions obtained through
force, threat, intimidation, duress or anything influencing the voluntary act
of the confessor

IMPORTANT NOTE:

Confessions obtained from the defendant by means of force or

intimidation/violence is NULL AND VOID and cannot be used against
him/her in the trial.
 2nd Method of Identifying the Criminals
ACCOUNTS OR TESTIMONIES OF WITNESSES (EYE WITNESS)

Kinds of Criminals Identified by Witnesses:

1. Known Criminals (Fugitive)

These are criminals whose pictures are available from police files
and records.

2. Unknown Criminals (Fugitive)

These are criminals whose identification are furnished by eyewitness
only.
 Methods of Identification by witness
1. Portrait Parle (Verbal description)  French word of “speaking
likeness”, depends on the ability of the witness to observe, describe and
compare.

2. Rogues Gallery  the use of photographic files, successful if there is an

existing photograph of the suspect on police files.

3. General Photograph  variety of facial types showing different

features of the face is presented to the witness by the investigator.

4. Artist/Cartographic sketch  the witness and prober develop a picture

of the criminal with the help of skilled cartographer. (Composite Criminal
Illustration)
PROCEDURES OF IDENTIFICATION BY EYEWITNESSES:

A. PHYSICAL LINE-UP/POLICE LINE-UP

Is a means of selecting a suspect mixed with a group of
innocent persons usually composed of seven to ten persons. The
purpose of line-up is to eliminate the power of suggestion.

B. PHYSICAL SHOW-UP
Only one person is shown to the witness usually at the
scene of the crime and made immediately after the arrest of the
suspect.
 3rd Method of Identifying the Criminals

Circumstantial Evidence
 Facts or circumstances from which, either alone or in
connection with other facts, the identity of the person can be
inferred.
What must be inferred to prove identity by circumstantial
evidence?
Motive – is what induces the criminal to act
Intent –is the result or accomplishment of the act
Opportunity –is the physical possibility that the suspect could
have committed the crime.
 4th Method of Identifying the Criminals

Associative Evidence
 Physical evidence which may identify the criminal by means
of clues, personal properties, or characteristics patterns of
procedure deduced from the arrangement of objects at the
crime scene. The offender may leave some clues at the scene,
such as weapons, tools, garments, fingerprints, foot
impressions etc.
 Crimes of violence may leave evidence of physical struggle.
 MODUS OPERANDI

 Is the method of operation by a specific criminal or criminal

syndicate. It is a distinct pattern of how a crime is committed
and is established by a series of crimes under one
classification. The modus operandi of one criminal is distinct
and different from the other. It is a criminal trademark, logo or
brand name.

Insp. Thomas Byrnes

 American founder of criminal “Modus Operandi”
(“MO”)
 IMPORTANCE OF MODUS OPERANDI

 It is one of the most useful means of identifying

unknown fugitives. Thus every investigation unit should
maintain a modus operandi file.

 For use of Security Education Programs of the citizenry

over the radio or television programs or in seminars
about safety education.