Fundamentals of Criminal Investigation.pdf
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-1investigation agrees that this also helped in fast-
tracking the evolution of criminal investigation.
FUNDAMENTALS OF CRIMINAL INVESTIGATION
EARLY CONTRIBUTORS ATTY. ARTEMIO JAY G. TORREDES, RCRIM. Eugene Francois Vidoque – a former convict who
Partner, Torredes Partner, Torredes Cedeno Cedeno & Associates Associates Law Firm, Firm, Cebu City Former Dean, Criminology Department, Department, UC Main
became the head of Surete, which was recognized
Former Professor, Graduate School Department, UC Main
at that time as France’s premier detective agency.
Academic Director, CMT Target Criminology Review
He is credited for his effective use of criminals to
Former Corporate Attorney, MCIAA
catch criminals. Vidoque’s unorthodox approach
Member, IBP Cebu Province Chapter
later became a model for John Wilkes Booth who
Topnotcher (1st Place) Sept. 2002 Criminologist Licensure
infamously stated that that “it takes a thief to catch a thief”.
Henry & John Fielding – Henry Fielding was a travelling magistrate of England who established
PART 1…
the world’s first uniformed police force in Bow Street, a road notorious for thievery. Also known as
INTRODUCTION
“runners” or “thief -takers”, they they conduct patrol and Criminal investigation in its modern form is a
respond to reported incidents. When Henry died,
rather recent development. In the past, crimes are
he was replaced by his blind brother John as head
solved not by scientific methods of inquiry but
of the Bow Street Runners. This eventually became
rather through crude and discredited means such
a
as witchcraft, torture and other similar methods.
(Scotland Yard) of Sir Robert Peel.
Early 19th Century Criminologists saw the need to
Dr. Hans Gross – father of Criminalistics, he
develop a scientific means of identifying criminals
published published
because the criminological theories are useless
Investigation” which pave the way for Edmund
unless we send the right persons to jail or prisons.
Locard to incorporate modern science to police
For instance, the classical theory of deterrence and
works.
model
for
a
the
London
book
entitled
Metropolitan
“Modern
Police
Criminal
positivist theory of rehabilitation cannot be applied to
an
innocent
person
since
no
amount
of
Edmund
Locard – French
criminologist,
he
punishment or treatment can deter or treat an
established the world’s first crime laboratory in
innocent person. Thus, Dr. Hans Gross, Edmund
Lyon, France. He expounded expounde d Dr. Gross’ theory by
Locard and August Vollmer undertook to establish
stating that “when two object come into contact
the earliest crime laboratory in the world to
with one another, they leave traces of each other
advance the art and science of investigation.
behind” (there is always something left behind at
Interestingly, a series of books published by Sir
the crime scene). This became known as Locard’s
Arthur Conan Doyle features a fictional character
Exchange Principle upon which modern forensic
named Sherlock Holmes as a detective who used
science owes its theoretical foundation.
crude scientific methods in investigating crimes long before the world has seen its first crime
Sir Llewelleyn William Atcherly – Chief – Chief Constable of
laboratories. Contemporary authorities in criminal
West Riding, Yorshire. He pioneered the recording of M.O. (modus operandi) files as investigative aids
2
nd
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that can be used to identify criminals based on the
-2private protection business known as the Wells-
tools they use, the manner of commission, the time
Fargo & Co.
of the crime, and other pertinent data. August Vollmer – He served as an Army Sergeant Thomas Byrnes – he
discovered
that
Modus
in the Philippines during the Spanish-American
Operandi do not remain the same and it changes
war and became an Army Policemen who oversaw
as the career progression of the criminal changes.
the integration of former Guardia Civil into the new
He instituted the Bulmerry Morning Street Parade
Insular
– a practice where captured criminals are paraded
Constabulary.
Philippine
convinced
His
experience
him
of
the
in need
the to
in front of the police force in order to facilitate easy
professionalize policing and shield it from politics.
identification in case they commit crimes in the
He reluctantly accepted the position of Marshal of
future. This is the origin of the Police Line-Up.
Berkeley
California
when
a
posse
was
commissioned in order to respond to a train Alphonse
Bertillon
Identification
who
individualization
of
–
father
framed a
of
Personal
Anthropometry
person
based
on
derailing
incident
(the
innovative
body
recognized.
and
approach
to
Following
was
policing
the
lead
that
began of
to
his be
European
development
descriptive words accompanying a sketch in order
established the first crime laboratory in the United
to identify criminals (also known as Portrait Parle –
States
French for “word picture” or “talking pictures”).
professionalize policing (Wadman & Allison, 2004,
With the advent of photography, drawings became
cited in Intro. to Theory, Practice & Career Devt. in
out
Public & Private Invst., Gunter & Hertig, 2005).
of
fashion.
Nevertheless,
the
practice
of
order
Criminal
then
measurements). This supplemented the practice of
in
in
it
to
Investigation,
support
his
efforts
he
to
accumulating Rogues Gallery became imbedded in policing around the world.
John Edgar Hoover – director of the Federal Bureau of Investigation, his efforts to centralize
Jonathan Wild – Wild – conceived conceived a business of recovering
information
on
fugitives,
criminal
activity,
stolen properties for a fee in England in the 17 th
organized crime, fingerprints, etc., led to the
Century (theif-takers). Arguably the world’ world ’ s first
further development of criminal investigation.
private detective, he took advantage of a system of bounty
and
rewards
set
up
by
the
British
INVESTIGATION
Parliamentary Reward System. The word “investigation” came from the latin word Alan Pinkerton – he was a pioneer in non-
“vestigare”, which means “to track or to trace”.
government policing and private detective works in the US. The company he established bore his name
Investigation is not unique to law enforcement. As
(Pinkertons) and have a logo of an eye with the
a
inscription inscription “we never sleep” which the American
conduct
public came to know as “private eye”. Among the
specialization. Thus, a doctor must first diagnose
famous
Harry
the disease before he can recommend the cure. He
“Sundance Kid” Kid” Longbaugh of the Butch Cassidy
must investigate. Likewise, an engineer cannot
outlaw gang. He is also credited for hiring the first
calculate the concrete unless he measures the floor
female involved in investigative works, Mrs. Kate
area of the structure he is building. He must
Warne. The Pinkertons are rivaled only by another
investigate.
cases
they
solved
2
nd
involved
matter
of
fact,
other
investigation
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professions on
their
routinely fields
of
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-3prevent the closure of the case. This usually
CRIMINAL INVESTIGATION:
happens when unethical investigative practices are When applied to law enforcement, it is safe to state
resorted to, thereby requiring re-investigation in
that crimes cannot be solved on its own unless the
order to prevent a miscarriage of justice. These
police conducts criminal investigation. Criminal
unethical investigative practices may include:
investigation
is
“the
systematic,
step-by-step
i.
process of determining whether or not a crime has
ii.
been committed, and if so, who committed it”.
Torture Planting of evidence
iii.
Instigation
iv.
Frame-up – where an innocent person is
Since it involves a step-by-step process, it helps to
made to appear responsible for a crime
know
committed by another
the
different
stages
involved
in
the
development of a full blown criminal investigation,
v.
these are:
White wash or “cover up” – where officials deny the existence of a crime
1. Detection – is the fact of discovery. It is the chance event which triggers the operation of our
NOTE:
criminal justice system. This occurs when a possible crime is observed by the police or are
Criminal
Investigation,
in
whatever
stage,
is
reported to its attention.
primarily REPRESSIVE. Meaning, it comes into action only when a crime occurs. Crime prevention
2. Preliminary Investigation – the early of initial
is the first line of defense, when it fails, criminal
stage of the investigation immediately after the
investigation (the second line of defense) begins.
occurrence of the crime. This is usually done by
Criminal investigation therefore is reactive, rather
first responders or patrol officers who take the
than proactive.
following primary responsibilities on site: i.
Deal with emergencies first:
However,
-
Neutralize all threats
investigation be possibly considered PREVENTIVE?
-
Render aid to the injured
ii. iii.
v.
3.
you
are
Can
criminal
Cordon the crime scene
investigation, the police can prevent the same
Record all information and disseminate to
criminal from committing future crimes . In this very
available
limited
patrol
units
for
possible
hot
sense,
criminal
considered preventive.
Wait for detectives Make initial/spot report
Follow-up
Investigation – after
the
initial
investigation, a more thorough investigation is made by the detectives or investigators in order to tie up the loose ends of the initial investigation or further build up a stronger case.
4.
asked:
The answer is YES. By conducting thorough
pursuit iv.
if
Re-investigation – in
some
cases,
a
re-
investigation is resorted to whenever fatal errors are committed in the earlier investigations which 2
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investigation
may
be
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SCHEMATIC
DIAGRAM
OF
THE
FLOW
OF
INVESTIGATION:
-4ask probing questions. He must do all of this while
being able to retain information. On top of this, he must prepare his report in a well arranged case folder.
The investigator also has the initial responsibility to recommend what offense to charge. He therefore must have a thorough understanding of the penal laws of the land. He is also expected to be well versed on the procedures for filing of complaint, application for Search Warrant, testimony in court, making of affidavits, etc. In addition, he must be able to identify the evidentiary value of materials and information he comes across in the course of his investigation. All of these require more than an average intellectual capability.
II. EMOTIONAL/PSYCHOLOGICAL – EMOTIONAL/PSYCHOLOGICAL – investigators often encounter cases which reveal the worst of human nature: father raping their own daughters, children
killing
their
own
parents,
neighbors
stealing from their own community, rapists who ravage and kill their own victims. I nvestigators who lack emotional and psychological maturity will find themselves personally affected by the cases they are handling. If things get too personal for an investigator, he loses his neutrality and objectivity by becoming too involved in the case.
QUALITIES OF A GOOD INVESTIGATOR
Not all police officers are fit for detective or investigative
works.
A
good
candidate
for
investigative assignment must possess adequate Intellectual, Emotional and Physical characteristics (Bennet & Hess, Criminal Investigation, 1995 Edition).
I.
emotionally
immature
policeman
may
be
susceptible to manipulation. Remember, not all complainants
are
victims.
For
instance:
A
complained that she was raped by B. Human nature
naturally
feels
sympathy
for
A,
the
complainant. But the investigator must not be swayed so easily. He must be suspicious of the
INTELLECTUAL
CHARACTERISTICS
–
investigators must be able to sort out facts from fictions
An
in
dealing
with
various
kinds
of
information. He must learn how to use inductive and deductive reasoning, use a logical process of elimination,
be
familiar
with
the
common
knowledge and motivations of men, and be able
2
nd
possibility that A is lying and was motivated by revenge, hatred or spite against B. Thus, a good investigator
must
have
the
diligence
and
professionalism to independently gather facts. This doctrine is strictly followed by the NBI.
III. PHYSICAL CHARACTERISTICS – the least important but nevertheless desirable characteristic
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-5-
is the ability to work long hours in the field under
I. INFORMATION
challenging conditions. Oftentimes, detectives find themselves working in remote areas where there
For purposes of investigation, INFORMATION is
are no ready access to food, drinks and medicines.
“anything that tells us something, whether, correct
There are instances where the terrain t errain of the crime
or incorrect”. This is a general term that refers to
scene is physically challenging such as a ravine or
any facts, statements or materials surrounding the
a deep well where the investigator may have to
commission of a crime. If the information is of such
climb up and down. Most of the time, crime scenes
nature and quality that it could further advance
are exposed to the elements, the sun, the rain,
the investigation, that information is called a
chemicals and even infectious bacteria.
LEAD. When there are no more leads to develop, it is said that the investigation is facing a BLANK
CSI EFFECT
WALL.
CSI Effect is a recent phenomenon in relation to
SOURCES OF INFORMATION
criminal
investigation
that
results
to
an
“unrealistic expectations of the public in the
The following are sources of information:
conduct of criminal investigation” due chiefly to the
A. Persons
popularity of fictional TV shows such as CSI.
B. Places C. Things
Far from the glamorous depiction of detectives in televisions and the movies, effective investigators
A. Persons – Persons – these these are individuals who may be:
are often involved in hard work, risking their lives
1. Victims – the direct recipients of the crime
and limbs, and living anonymously far from the
itself
who
suffered
direct
or
indirect
limelights often depicted in the movies.
loss/injury as a consequence thereof 2. Complainants – persons who informs the
GOALS OF CRIMINAL INVESTIGATION
police
of
a
crime
and
demands
that
something be done about it Criminal investigation have the following generally
3. Witnesses – third
accepted objectives:
personal
1. To determine whether or not a crime has
knowledge
persons of
who
have
relevant
facts
surrounding a crime
been committed
4. Informers/Informants to
a
furnishes
2. To identify & arrest the suspect
information
3. To provide the prosecution with evidence
voluntarily or for a consideration
necessary to support conviction
relative
–
crime
either
5. Suspects – person who is accused as the
4. To recover stolen property
author of the crime
INVESTIGATIVE TOOLS (3 I’s of investigation)
The following are recognized tools of investigators:
Interview & Interrogation
In processing persons as sources of information, the investigator generally conducts an INTERVIEW
1. Information
– a friendly and cooperative conversation for the
2. Instrumentation
purpose of obtaining as much relevant information
3. Interrogation
as
the
source
can
possibly
give
under
the
circumstances. However, when the subject is the 2
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suspect himself or a hostile/uncooperative witness – the conversation is rather confrontational and is called
INTERROGATION.
With
respect
to
-6reveal UNKNOWN facts – facts that needs to be
developed further.
the
suspect, interrogation is valid only if made in
Suppose you came across a tanod who responded
compliance with MIRANDA RIGHTS.
to the scene first, you may ask him the following questions based on the above known facts:
Planning the interview
1. You were one of the first tanods who responded to the alarm first? Ans. Yes
The interviewer must have a general knowledge of
2. What’s your name? Ans. Pedro dela Calzada
the crime before he could start asking intelligent
3. How did you came to know of the killing?
questions and illicit useful information from the
Who reported it to you and where do he
interviewee. He must first gather the general data
lives? Ans. We received a phone call from
and start from there. These data involves the basic
Mario Ortiz regarding a shooting incident
5W and 1H of criminal investigation:
which he saw happen in front of his house.
1. What?
He lives just across the street where the
2. Where?
body of the victim was found.
3. When?
4. When you arrived, what was the situation
4. Who?
on site? Ans. People were panicking and
5. Why?
pointed towards Marigondon where the
6. How?
suspect fled on board a Yellow Honda XRM. 5. Did anybody saw the plate number of the
Thus, assuming that a homicide was reported and you are the criminal investigator. On site you must establish the following facts:
motorcycle? Ans. No sir. 6. The vitim Mr. Juan dela Cruz, is he known to you? Does he have known enemies? Ans.
1. What is the nature of the case?
Yes sir, I know the vict im. He has no known
2. Where was it committed?
enemy in our barangay but he had an
3. When did it happen?
altercation with a certain Jack Tattoo from
4. Who are the persons involved?
Marigondon because of a woman.
5. Why did it happen?
7. Who is this woman? Ans. The girlfriend of
6. How was it committed?
the victim sir, her name is Angel from Tacloban.
If after the above preliminary inquiries you have gathered that the crime involved death reportedly
Based on the following questions as framed by the
committed in Basak, Lapulapu City, on Auguts 1,
investigator, several unknown facts were revealed:
2013 at 10:00PM resulting to the death of one Mr.
first, there was an eyewitness named Mario Ortiz;
Juan dela Cruz who bore a single gunshot wound
secondly, victim had an earlier altercation with a
in the head from a .45 pistol, a bullet & a spent
certain Jack Tatoo from Marigondon because of
shell from .45 was recovered from the scene and
possible love triangle with Angel from Tacloban;
sent
third, the shooter rode a Yellow Honda XRM
to
the
laboratory,
at
the
time
of
the
commission, it initially appears that no one saw
motorcycle;
fourth,
the
suspect
fled
towards
the actual shooting.
Marigondon; and finally, what if ballistic tests shows that the .45 pistol used belonged to a
You must frame your questions from the above
certain Jack Tattoo? Would you consider this
KNOWN facts. Your purpose in interviewing is to
coincidence important? You now have several leads
2
nd
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(information
that
can
further
advance
the
investigation). You must follow these leads until
-7where the body was found are secondary crime
scenes.
the identity of the accused is established beyond reasonable doubt. Otherwise, you will face a blank
What if instead of dumping B’s body in the Smokey
wall.
Mountain, A made it appear as if B committed suicide inside the car and falsified a suicide letter?
(For interrogation, see discussions below in pages
That is called Pseudo (False) Crime Scene.
11, 12 & 13) Please take note that all crime scenes must be Note: Ideal investigators are naturally inquisitive
processed, whether primary, secondary or pseudo.
and suspicious (without showing it to the subject).
However, it must be stressed that importance must
As
be given to locating the primary crime scene.
the
he
becomes
more
seasoned,
framing
questions that elicits the most information from the
source
becomes
almost
automatic
by
experience. That is why investigation is considered
Processing the Crime Scene:
both a SCIENCE and an ART. Crime scene operatives must first conduct a thorough
walk-through
around
the
outermost
B. Places – places as a source of information
boundaries of the crime scene. He must make an
generally refers to the SCENE OF THE CRIME
initial determination of the entry point, exit point
(locus
the
and contact points, determine the size of the scene
scene
and extent of evidence distribution, and plan the
criminis).
investigators
to
It locate
is
important
the
true
for
crime
because it contains the highest concentration of
appropriate
search
pattern
physical evidence and possible witnesses of its
particular crime scene.
to
use
for
that
commission. Entry point is that part of the scene where the Crime scenes may be:
suspect gained access inside a room, house or a
1. Primary Crime Scene – Scene – the place where the crime was committed
building. Exit point, on the other hand, refers to that part of the scene where he left, took flight or
2. Secondary Crime Scene – the place where the crime was continued
escaped. Contact points are those part of the crime scene where the suspects’ suspects’ body, body, clothing’s or tools
3. Pseudo Crime Scene – Scene – a a crime scene staged
have disturbed, touched, made contact with, or
to mislead, cover-up, or conceal what really
stepped into. Contact points may contain the
happened
suspects DNA, fingerprints, shoeprints, etc.
For example:
The investigator must be cautious in approaching
A shot B in Room 69 of Manila Hotel. Afterwards, A placed
the
body
of
B
inside
the
crimes scene for the following reasons:
baggage
1. Unidentified suspects who may be armed
compartment of a blue Toyota Vios and dumped
and dangerous may still be lurking around
the body in Smokey Mountain where it was later
and could present a serious threat or harm
found.
to policemen and bystanders; 2. Families of the victim whose emotions
Room 69 of Manila Hotel is the primary crime
remain high may view the investigators with
scene. The Toyota Vios and the Smokey Mountain 2
nd
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contempt and hostility which could possibly
-8However, the basic search pattern’s remains the
result to violence and altercations;
same. As the investigator becomes seasoned by
3. Evidence found at the crime scene may be
experience, selecting the most appropriate search
fragile and susceptible to destruction or
pattern
cross-contamination before they can be
INTUITION or GUT-FEEL (kutob). That is another
properly identified, photographed, packed
reason why investigation is considered both a
and
SCIENCE and an ART.
recorded,
resulting
to
needless
becomes
almost
automatic
by
mere
destruction of vital evidence; 4. Crime
scenes
may
contain
chemicals,
Different Search Patters:
viruses, or bacterial pathogens that may be
Search
harmful
investigators
Pattern
must have access to protective clothings,
Lane or
1. In case of 1. Takes a
1.
surgical masks, gloves, CBRN suits, and
Strip
multiple
short
thorough.
searchers,
to complete
to
humans,
thus
the likes; 5. Un-exploded bombs or ordnance may be
Procedure
Advantage
Disadvantage
time
Less
2.
Vital
each
evidence
found in the crime scene which may be
searchers
may
triggered when inadvertently disturbed;
align
6. Difficult terrains may present natural or
in
overlooked
straight
in
man-made hazards to field investigators
paths
and
such as landslides, flooding, collapse of
combs
the
building, electrocution, etc.
scene
the
search.
by
making
Selecting the most appropriate search pattern:
be
a
single
pass
on
their
lanes. The search pattern to be employed depends on
2. In case of
many factors, such as:
single
1. The crime committed and the type of
searcher, he
evidence that can be found (explosives,
makes
flammables, biohazards, or susceptible to
single
pass
rapid deterioration)
on
each
2. The nature of the terrain (is it indoor or
a
parallel
outdoor? Is it plain field or mountainous? Is
lines in an
it bare or thick with vegetation? Etc.)
opposite
3. The size of the area to be searched
direction
4. The number of personnel available
until all the
5. The tools and equipment’s of the search
lanes
teams
are
covered
6. The weather conditions
Double
1. Same as
1.
Strip
lane or strip
thorough
twice
Note: No two crime scenes are alike . Each crime
method but
2. Evidence
much
scenes are unique, thus different crime scenes
the searcher
missed
to complete
demands different search plans to be employed
makes
during the
than
a
according to the circumstances of each location. 2
nd
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1.
Takes as time
a
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-9-
second pass
first
pass
searchers
distance
adjacent
to
may
be
to focus on
from
first
an
search
important
points from
by radiating
area as the
the
outside
outward
or
search
is
greater
behind
towards the
moves
than
the
center of the
nearer
second
searchers in
crime scene.
the center
search
the
2.
criss-
pass (cross-
begins from
important
crosses one
contaminati
the
evidence
another.
on).
and ends in
may
the inside, it
overlooked
the search
in
such
a
manner
Spiral
single strip.
Radii,
search
2. Evidence
Pie, or
begins
seen
found
Spoke
ends
in
during the
the
focal
point
second
pass
pass
actually
that
the
left
first
and
by
1.
The
search begins
or
ends
in
a
focal
point
on
second may
first
1. Useful in
1.
tight
suitable
and
be
Not
If
it
medium and
Inner
spaces.
large
Wheel. If it
2.
scenes
Allows
clockwise or
to concen-
and ends in
counter-
trate
the
clockwise
around
circular
focal point
Outer
motions
where
Wheel.
around
center resulting to gaps
where
be
inside
outside
it is called
a
evidence is
Zone,
1. The crime
1. Suitable
1. Extensive
center of the
most likely
Sector,
scene
for
use
crime scene.
to be found
or
divided into
crime
resources
2.
(such
Quad-
several
scenes
and
rant
zones
If
the
the
begins from the
making
each
called
cramped
crime
to
outside
is
for
a
searchers
by
it
as
begins from
the body of
the
the victim).
is
large
or
such
sectors and
those
and ends in
assigned to
found
the inside, it
different
aircrash,
is
search
exposions,
outside
called
in
Spiral. If it
will conduct
the likes.
begins from
a
2. Suitable
the
search
the
separate for
their area
outside
arson, and
for
multi-
storey buildings,
it is called
each floors
Outer
are
Spiral.
considered
1.
The
1.
Allows
2
nd
1.
The
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as
one
of
manpower 2.
teams
inside
who
as
Inner
and ends in
Wheel,
or
More
difficult document.
to
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zone
- 10 Close up – shots indicating one specific
iii.
or
evidence with ruler or measuring device
sector
placed alongside the evidence Documenting the Crime Scene 2. Crime Scene Sketches and Measurements Crime scene documentation refers to the recording of all available information surrounding a crime scene and all activities which occurred therein.
Sketches may be: i.
Rough – Rough – taken taken at the field
ii.
This is done by:
Finished – based on the rough sketch but finalized in the office
1. Photography 2. Video and voice recording (First allowed in the
United
States
and
other
foreign
Sketches must describe the general floor plan of
CCTV
the room or the layout of the field, if outdoor. The
cameras, Philippine courts now allow the
position of items found in the crime scene must be
introduction of videos as evidence. The
shown as accuratly as possible. Each evidence
voice recording mentioned here refers to the
must be identified by letters “A to Z” and described
voice recording made by the investigator in
in a LEGEND appearing below the sketch. The
order to aid his memory, in case writing is
bearings
not possible)
indicating where is North, South, East or West.
countries.
With
the
advent
of
must
also
appear
on
the
sketch,
3. Crime scene sketch showing the location of important
items
and
measurements
of
The sketch must also contain measurements. Measurements may be made by:
distance 4. Evidence log
i.
Straight Baseline method
ii.
Diagonal Baseline method
iii.
1. Photographing the crime scene
Triangulation method
iv.
Cross-projection method
Photographing the crime scene requires shots to be Lastly, the sketch must bear the identity of its
taken from the following distances: i.
Long range – showing the scene with a
maker
and
signed
prominent landmark at the background to
considered hearsay.
by
him.
Otherwise,
it
is
indicate its general location. Long range
ii.
photographs must be taken in four (4)
C. Things – the last but certainly not the least
different ANGLES: front, right side, back
source of information are things. Things are any
and left side if the photographers moves in
tangible objects found at the crime scene or in
a clockwise fashion; or front, left side, back
possession of the suspect. These are objects of
and right side if the photographer moves in
evidentiary value. The investigative classification of
a counterclockwise fashion.
evidence is more technical and is somewhat
Medium range – shots highlighting a spot
different from the classification of evidence under
appearing in the long range shot. This may
the Rules of Court. Nevertheless, they are related
also be taken in order to show the positions
to one another.
of several evidence relative to one another Things include the following:
(group picture)
1. Trace evidence – minute evidence found at the crime scene which places the suspect 2
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on
scene
imprints,
such
as
cigarette
fingerprints, butts,
shoe
spermatozoa
- 11 4. Firearms Identification (Forensic Ballistics);
5. Questioned
(Criminal Investigation, Hess & Orthman). Trace evidence e vidence may include evidence which indicates the whereabouts and movements
Documents
&
Handwriting
Examinations; 6. Polygraph Examinations; and 7. Police Photography
of the suspect, such as hotel guest lists, plane tickets, ATM withdrawals, and the
Note: Recent developments in forensic science were
likes (Swanson, Chamelin & Territo)
intentionally
not
included
because
strictly
speaking, these are just additional developments of 2. Associative evidence – evidence – evidence evidence found in the
the above main forensic branches. For example,
suspect which places him at the crime
Forensic Odontology (study of dental or teeth
scene, such as bite marks, tools, & blood
structure) and Forensic Entomology (study of
stained shirts. There are also special types
carrion insects found in a decomposing body) are
of associative evidence called:
just
a
branch
of
Legal
Medicine.
Likewise,
a. Souvenir – part of the crime scene
Deoxyribonucleic Acid or DNA examination are
which the suspect intentionally took
part of Legal Medicine, Forensic Chemistry &
as a remembrance, such as the
Personal Identification.
underwear of a rape victim b. Trophy – Trophy – part of the body of the victim
which
the
III. INTERROGATION
suspect
intentionally took as a memento,
Unlike in interview where the purpose is to reveal
such as the pubic hairs of the rape
unknown facts, the purpose of interrogation is to
victim
confront the suspect with the evidence already
3. Evidence with class characteristics 4. Evidence with individual characteristics 5. Fruits of the crime
obtained from all sources (PERSONS, PLACES 7 THINGS) in order to encourage the suspect to confess.
6. Tools used in the commission of the crime Here, the investigator already have a clear picture II. INSTRUMENTATION
of what really happened. All that is left is to confront the suspect about his findings.
Instrumentation refers to the use of forensic tools in order to advance the goals of investigation. Also
Before starting the interrogation, however, he
called CRIMINALISTICS, this is where investigation
must remember the requirements of Miranda
becomes strictly scientific.
Rights and other pertinent laws such as RA (Rights of a Person Arrested, Detained or Under Custodial
We will not discuss each branches of Criminalistics
Interrogation) and RA 9745 (Anti-torture Act).
here but you will find it in another set of handouts where the details are best discussed. However, it
Miranda v. Arizona (Miranda Doctrine)
helps to run through them since instrumentation is one of the three (3) I’s of Criminal Investigation. These are:
Facts of the case: A white woman reported to the Arizona police that she was raped. The suspect was
1. Legal Medicine;
described by the victim as Mexican. The police
2. Forensic Chemistry & Toxicology;
rounded
3. Personal Identification;
description and one of them was Ernesto Miranda,
2
nd
up
several
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suspects
who
fit
the
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a truck driver of Mexican descent who does not
- 12 discovered it anyway, even in the absence
speak English and doesn’t know how to read or
of the confession, the accused could still be
write because he did not even finished grade
convicted.
school. When presented in a police-lineup, the woman
“positively
identified”
Miranda
as
the
Techniques/Approaches in Interrogation
culprit. During extensive interrogation, Miranda was made to sign a paper without the assistance of
1. Bad cop/good cop technique – a.k.a. Mutt
counsel which turned out to be a confession
& Jeff, Hot & Cold. In this approach, one
written in fluent English. On the basis of the
cop plays tough and intimidating while the
signed confession, however, he was convicted by
other plays soft and accommodating. The
the trial court.
objective of the bad cough is to lead the suspect to cooperate with the good cop.
Issue: Whether or not the conviction is proper.
2. Sympathetic approach – best used for sensitive
suspects
who
commit
crimes
Ruling of the US Supreme Court: The conviction is
because of fits of jealousy or emotions. The
erroneous and violates the Due Process clause of
questioning here usually starts with “I
the American Constitution. Every person accused
understand how you felt”, “If I were on your
of a crime has the right to be informed his right to
situation, I would probably do the same
remain silent; that what he says or do may be used
thing”.
against him in a court of law; he has the right to
3. Reflective
Interview
technique)
cannot afford, one will be provided to him for free.
investigator presents a psychological mirror
An accused who is not properly appraised of these
to the suspect and reverse the situation by
rights can lawfully contest the validity of any
making him understand the feelings of the
signed confession or statements, which, by virtue
victim. The questioning here are usually
of
veteran
framed in this manner: “How would you feel fee l
interrogators, he is too intimidated or powerless to
if it was your own child that was killed?”,
resist.
“The victims’ body is yet to be found, don’t
coercive
pressure
exerted
by
in
this
(Mirror
counsel, preferably of his own choice; and if he
the
–
Technique
approach,
the
youn think the victim deserves a proper Exceptions to the Miranda Rights:
Christian burial?”, etc.
1. When the accused freely and voluntarily waived this right; 2. Volunteered
4. Cognitive interview technique – in this approach,
information
carefully
examines the body-language of the suspect
accused, without waiving this right and
in relation to his answers in order for the
without
investigator to determine whether or not the
questioning, information
police
initiating
nevertheless which
when
interrogator
the
the
–
the
the
volunteered
contributed
to
his
conviction;
evidence
other
than
the
confession of the accused; and 4. Inevitable
5. Intellectual approach interrogation,
3. When the conviction is partly based on available
suspect is lying, evasive or deceptive.
discovery
rule – when
information furnished by the accused is of
2
is
fact accusations. The suspect is confronted hard,
undisputed
facts
and
encouraged to weight the advantages of cooperating rather than not-cooperating.
such nature that the police would have nd
questioning
characterized with frankness and matter-of-
with the
the
in this method of
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6. Mixed approach – approach – the the combination of any or all of the above techniques.
Applies
to
- 13 Applies to suspects and
cooperative
witnesses
hostile witnesses
Example of intellectual approach: INVESTIGATION In
our previous imaginary case in our discussion
OF
CERTAIN
TYPES
OF
CRIMES (SPECIAL CRIME INVESTIGATION)
in interview (page 4 & 5), suppose you came face to face with Jack Tattoo and initiate the following
Investigating crimes is a joint responsibility of
intellectual approach:
every police officers, whether assigned on desk,
1. I am PO1 Devil from Cebu, are you Jack
patrol or investigation. Ordinarily, the combined
Tattoo? Ans. Yes I am. Why do you ask? ask?
efforts of these officers are sufficient to solve
2. You have the right to remain silent, etc. etc.
“COMMON” COMMON” crimes such as theft, physical injuries
3. Jack, I have information that on the night
or malicious mischief – mischief – matters that are usually
of August 1, 2013, you went to Basak and
covered during basic police training and are thus
shot Juan dela Cruz. I also had information
considered within the capability of each policeman
that several days before the shooting, you
to solve.
quarreled with the victim because of Angel from Tacloban. The victim died from a .45
However,
Cal.
“SPECIAL ” because the complex nature of the
Pistol
registered
in
your
name.
there
are
crimes
categorized
as
Witnesses saw the culprit ride a yellow
offense require additional qualifications and highly
Honda XRM towards your barangay in
specialized training – training – matters matters that are encountered
Marigondon. I conducted a background
only in advanced schooling.
check at LTO and found you owned a yellow Honda XRM motorcycle. If I were you, I
As understood in INTERNATIONAL context, the
would voluntarily surrender and admit the
following are areas of Special Crime Investigation:
crime
so
you
can
avail
of
mitigating
1. Cold case investigation
circumstances under the law. Even if you
2. Post-blast investigation
hire the best lawyer you could find, I
3. Air-crash investigation
guarantee you will be convicted.
4. Maritime disasters 5. Transnational crimes investigation:
Distinctions between Interview & Interrogations:
- Terrorism
Interview
Interrogation
- Organized crime
Friendly & Cooperative
Hostile &
- Human Trafficking
Confrontational
- Money laundering
Purpose
is
to
gather
unknown facts and/or
Purpose
is
to
- Computer crimes
obtain
6. Environmental crimes
confession
verify known facts Does
not
Miranda warning
require
Miranda
warning
is
In
the
Philippine
required if subject is the
considered
accused. If subject is a
Investigation:
hostile
by
witness
1. Homicide
no
2. Robbery
(uncooperative), Miranda required.
setting, the
3. Rape 4. Kidnapping
2
nd
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PNP
the as
following Special
are
Crime
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5. Carnapping
- 14 criminal cases involves several progress reports
6. Bomb threats and explosions
which the lead investigator collates alongside the
7. Illegal recruitment
initial report and other documents; and
8. Terrorist activities
3. Final or Closing report – report – contains contains a summary of all the findings, reports, documents and affidavits
(Note: The topic on Special Crimes Investigation in
and well as the recommendations of the lead
the Philippine Settings will be covered in another
investigator. Unlike progress reports, there can
handouts by Prof. Negro).
only be one final report.
Characteristics of a good report: CASE PREPARATION The quality of your work as an investigator is After doing everything we discussed above, the
judged by the quality of your report. Ideally, a
investigator now shifts to case preparation, which
police report must be like a bikini – brief – brief enough to
is loosely defined as “the gathering of all records of
make it interesting, yet broad enough to cover the
the case in an orderly, chronological and logical
most
manner, prior to the filing of the complaint”.
characteristics are desirable in a report:
These records consist of the following:
interesting
parts.
Thus,
the
following
Keyword: FACTUAL
1. Affidavits of complainant and witnesses 2. Affidavit of arresting officers (in case of entrapment or warrantless arrests)
1. Factual & Objective – Objective – the report must be based on
facts
and
must
be
free
of
conjectures,
3. Initial or spot report
speculations or opinions;
4. Progress reports
2. Accurate – ccurate – the the information contained in the
5. Crime laboratory examination results
report must be precise;
6. Closing or Final report which contains the
3. Concise & Complete – omplete – Concise Concise means the report
recommendations of the LEAD investigator 7. Indorsment by the Chief
must be as short as possible, direct to the point and not circuitous. Complete means the report must
Police Reports
contain
all
the
essential
elements
of
information (5W’s & 1H); 4. Timely – – the report must be submitted on time,
Police reports are the official record of the actions
otherwise, it becomes stale and useless;
taken by various police personnel in relation to an
5. Unadulterated – nadulterated – the the report must not be
event, incidence or crime.
embellished. Statements made by the witnesses must be recorded in “full” without adding or
Kinds:
subtracting from what the witness said, even if the investigator believes that the statement made by
1. Initial or Spot report – made immediately after
the witness is wrong. Your job is to record it, not to
an incident. Usually, within 24 hours. Usually
edit it;
made by patrol officers or first responders. In some
6. Analytical – nalytical – the the report must develop one unified
cases, entries in the police BLOTTER made by desk
theme culled from all the different sources of
officers also constitute a spot report;
information;
2. Progress reports – contains a brief of actions
7. L egible egible – the report must be made in such a
taken
manner that others can read and understand its
after
the
initial
investigation. 2
nd
Usually,
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- 15 -
content, especially in case of handwritten reports. This is important, as handling officers may be
a) Dr. Mathieu Orfilla b) Dr. Rafael Genard Y Mas
assigned in different jurisdiction, retires, or may
c) Dr. Henry Faulds
become unavailable, so that other officers who
d) Dr. Hanz Gross
assume the investigation must be able to continue
e) Dr. Cesare Lombroso
the work of the previous investigator. Q. The world’ world’ s first crime laboratory was established by Edmond Locard in: a) London, England
PART 2…
b) Los Angeles, California c) Buenos Aires, Argentina
SELF EVALUATION QUESTIONS:
d) Lyons, France Q. A fictional character created by Sir Arthur
e) Manila, Philippines
Conan Doyle that employed scientific means of criminal investigation even before the worlds’ first
Q. The first complete crime laboratory was
scientific crime laboratory was established.
established in the United States by:
a) Eugene Francois Vidocq
a) Orlando W Wilson
b) Sgt. Popay
b) John Edgar Hoover
c) Insp. Alvarez
c) Paul Lleland Kirk
d) Sherlock Holmes
d) Alan Pinkerton
e) None of the above
e) August Vollmer
Q. A former convicted thief who became a
Q. _____________ means the observed violation of a
prominent official of Brigata de la Surete, a French
law, which triggers the operation of the criminal justice system.
detective agency. a) Eugene Francois Vidoque
a) Investigation
b) Sgt. Popay
b) Detection
c) Insp. Alvarez
c) Observation
d) Sherlock Holmes
d) Commission
e) None of the above
e) Omission
Q. A detective of the London Metropolitan Police
Q. Investigation came from this Latin word which
who was dismissed following his successful
means “to track or trace”.
infiltration of anarchists because he instigated use
a) Viagra
of violence by the group.
b) Vestigare
a) Eugene Francois Vidoque
c) Stigmata
b) Sgt. Popay
d) Turbare
c) Insp. Alvarez
e) Interregnum
d) Sherlock Holmes Q. To follow step-by-step by patient inquiry or
e) None of the above
observation; to search into, examine and inquire Q. Austrian magistrate recognized as the father of
with care and accuracy.
Criminalistics. He authored the first treatise on
a) Criminal Investigation
Scientific Criminal Investigation.
b) Inquest
2
nd
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c) Investigation
- 16 Q. Ability to retain information, apply t echnical
d) Locus Criminis
knowledge, logical, open-minded and objective.
e) Crime Scene Search
a) Intellectual characteristics b) Psychological characteristics
Q. The process of discovering, collecting, preparing,
c) Physical characteristics
identifying and presenting evidence to prove the
d) All of the above
truth of a detected violation of penal law.
e) None of the above
a) Criminal Investigation b) Inquest
Q. An ideal investigator must have the ability to
c) Investigation
endure the rigors of investigative works such as
d) Locus Criminis
working for long hours, exposure to elements,
e) Crime Scene Search
inadequate rest, conducting search on difficult environments, etc.
Q. Refers to the detailed attempt to re-live, re-enact
a) Intellectual characteristics
or re-visit what really happened over a particular
b) Psychological characteristics
setting. This involves the “putting together” of all
c) Physical characteristics
pieces of the puzzle so that a more complete
d) All of the above
picture of an event is clearly seen as well as the
e) None of the above
circumstances surrounding its commission. a) Crime scene reconstruction
Q. Knows how to manufacture evidence and
b) Crime scene investigation
forcefully extract information from any person.
c) Crime scene analysis
a) Intellectual characteristics
d) Crime scene search
b) Psychological characteristics
e) Crime scene interpretation
c) Physical characteristics d) All of the above
Q. One of the following is not a goal of criminal
e) None of the above
investigation. a) To appease the public
Q. The three tools available to the investigator.
b) To recover stolen property
a) Information, Instrumentation, Intelligence
c) To arrest the suspect
b) Interview, Instrumentation, Intelligence
d) To obtain evidence legally
c) Information, Instrumentation, Interrogation
e) To determine if a crime has been co mmitted
d) Interview, Instrumentation, Interrogation e) Information, Instrumentation, Interview
Q. Effective investigators are emotionally well balanced, detached, inquisitive, suspecting,
Q. Which of the following has little or no use to the
discerning, humble, self-disciplined and
investigator?
perseverant.
a) Camera
a) Intellectual characteristics
b) Notebook and Pen
b) Psychological characteristics
c) Tape measure
c) Physical characteristics
d) Surveillance
d) All of the above
e) None of these
e) None of the above Q. The focal point or place where evidence of criminal activities are concentrated. 2
nd
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a) Crime scene
a) Strip
b) Office room
b) Double strip
c) Household
c) Wheel or pie
d) Street corner
d) Spiral
e) Church
e) Grid or zone
Q. The exact place where a crime principally took
Q. Search pattern most suitable for processing
place, regardless if it was continued elsewhere.
large areas with different terrains or multi-storey
a) Inner perimeter
buildings.
b) Outer perimeter
a) Strip
c) Primary crime scene
b) Double strip
d) Secondary crime scene
c) Wheel or pie
e) Police Interns Office
d) Spiral e) Grid or zone
Q. Place subsequent to the commission of the main offense where the effects, proceeds of the crime or
Q. This search is more thorough than a single strip
corpus dilicti was dilicti was continued, transferred or
but it takes longer to complete and some evidence
disposed of.
found during the second pass may actually be left
a) Inner perimeter
behind during the first search.
b) Outer perimeter
a) Strip
c) Primary crime scene
b) Double strip
d) Secondary crime scene
c) Wheel or pie
e) Police Interns Office
d) Spiral e) Grid or zone
Q. Identify which among the following qualifies as the most urgent task of the first responders.
Q. In a traffic accident, where will you begin your
a) neutralize any threat
search? (Oct., 2011)
b) cordon the scene
a) Faulty driver
c) render aid to the injured
b) Street
d) identify witnesses
c) Point of impact
e) locate important objects
d) Disengagement e) Passenger
Q. After all threats have been dealt with, the most important task is:
Q. In a fire inv estigation, which among the
a) neutralize any threat
following burn indicators will you focus your
b) cordon the scene
search in? (Oct., 2011)
c) render aid to the injured
a) Origin of fire
d) identify witnesses
b) Alligatoring
e) locate important objects
c) Witnesses d) Spalling
Q. This type of search focuses on a focal point
e) Fire direction
where most of the crucial evidence are concentrated and spreads outward on a circular
Q. Which among the following crime scenes require
pattern.
a search warrant? 2
nd
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a) Hot scene
e) Any of the above
b) Warm scene c) Cold scene
Q. Objects imbedded on walls and ceilings are best
d) All of these
illustrated and measured using:
e) None of these
a) Straight baseline method b) Diagonal baseline method
Q. The requirements for issuance of a v alid Search
c) Triangulation method
warrant does not include:
d) Cross-projection method
a) Probable cause
e) Any of the above
b) Personally examined by the fiscal in the form of searching questions & answers
Q. Presents the general view of a place where a
c) Based on personal knowledge of complainant or
crime took place, indicating its location by
any witnesses
including dominant features of the surroundings
d) In connection with one particular offense
such as tall buildings, monuments, bridges or
e) Particularly describing the place to be searched
parks.
or the persons or things to be seized
a) Long-range photograph b) Mid-range photograph
Q. A search warrant issued by Judge Paredes to
c) Close-range photograph
CIDG on February 10, 2011 is valid up to?
d) Macrophotography
a) February 20, 2011
e) Microphotography
b) February 21, 2011 c) February 22, 2011
Q. The taking of photographs up-close, usually
d) February 23, 2011
with a ruler or measuring device, to indicate exact
e) Valid until revoked
size. a) Long-range photograph
Q. Part of field notes that graphically record the
b) Mid-range photograph
scene and the important evidence within it by
c) Close-range photograph
describing each objects or documents, indicating
d) Macrophotography
the relative position of one object from another,
e) Microphotography
including their distances and measurements. a) Rough sketch
Q. Investigation that is carried out long after the
b) Final sketch
crime was committed but before the expiration of
c) Photographs
the statutory period for extinction.
d) Videos
a) Hot case investigation
e) Audios
b) Warm case investigation c) Cold case investigation
Q. Outdoor crime scenes with at least two
d) Investigation in aid of legislation
landmark points of coordinates can be better
e) Kangaroo court investigation
drawn by measuring the distance of objects from the landmark and its angles.
Q. Investigative technique of employing covert ways
a) Straight baseline method
and means in order to catch a criminal in the act.
b) Diagonal baseline method
a) White-wash
c) Triangulation method
b) Frame up
d) Cross-projection method
c) Entrapment 2
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d) Instigation
a) Modus operandi
e) All of these
b) Associative evidence c) Trace evidence
Q. Unethical investigative practice wherein a crime
d) Trophy
committed by another is made to appear to have
e) Souvenir
been committed by an innocent person. a) White-wash
Q. When several sexual assaults are committed on
b) Frame-up
different occasions at different places by an
c) Entrapment
unknown person exhibiting a single modus
d) Instigation
operandi.
e) All of these
a) Serial rapist b) Mass rapist
Q. Unprofessional investigative practice wherein a
c) Genocide
crime actually committed is concealed, white-
d) Continuing crime
washed or hidden by officially denying that a
e) Assassin
violation of the law was committed. a) Cover-up
Q. When more than four persons are feloniously
b) Frame-up
and intentionally killed on a single place and time.
c) Entrapment
a) Serial killing
d) Instigation
b) Mass murder
e) All of these
c) Genocide d) Multiple offense
Q. Any object, thing, document, information or
e) Assassin
clue that points to the identity of the perpetrator: a) Lead
Q. The deliberate, systematic and sustained
b) Tip
elimination, obliteration or destruction of an entire
c) Intuition
tribe, religious or ethnic group, with a view of
d) Personal identification
permanently removing them from the face of the
e) Sketch
Earth. a) Serial killing
Q. The uncanny ability of a seasoned investigator
b) Mass murder
to identify leads, recognize evidence and locate
c) Genocide
witnesses. This can only be developed through
d) Continuing offense
experience and is usually cited as the reason why
e) Assassin
investigation is also an art. a) Lead
Q. ___________ is a professional paid to liquidate a
b) Tip
specific target. This term has its roots on the word
c) Intuition
“hashish” which is given as a reward to hired
d) Personal identification
killers in the Middle East during the medieval
e) Sketch
periods. a) Serial killing
Q. Man is essentially a creature of habit. This
b) Mass murder
means that a successful criminal will commit
c) Multiple crime
future crimes in a more or less identical manner.
d) Continuing offense
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e) Assasin
withdrawal slips, etc. that leaves a clue to the movement and location of a known suspect.
Q. When two objects come into contact with one
a) Modus operandi
another, they will leave traces of each other. There
b) Associative evidence
is a cross-transference or mutual-exchange of
c) Tracing evidence
information resulting to “trace” and “associative”
d) Trophy
evidence.
e) Souvenir
a) Bogart’s principle of criminalistics b) Locard’s exchange principle
Q. Part of the victim that is kept kept by the offender offender as
c) Goddard’s ballistic principle
a memento such as pubic hairs, ears, fingers, etc.
d) Salazar’s fingering principle
a) Modus operandi
e) Gross’ principle Gross’ principle of forensics
b) Associative evidence c) Trace evidence
Q. Evidence found on the crime scene that places
d) Trophy
the suspect in the scene such as fingerprints, hairs
e) Souvenir
or fibers. a) Modus operandi
Q. A thing, object or anything that is taken from
b) Associative evidence
the scene by by the criminal as a remembrance, such
c) Tracing evidence
as photographs, keys, stickers, bras, panties, etc.
d) Trophy
a) Modus operandi
e) Souvenir
b) Associative evidence c) Trace evidence
Q. Articles or matters found at the scene which aid
d) Trophy
in the establishment of the identity of the
e) Souvenir
perpetrator. a) Modus operandi
Q. Simply means continuity of possession. It
b) Associative evidence
implies that the evidence presented in court are
c) Tracing evidence
the same evidence taken from the crime scene and
d) Trophy
any changes that may occur from the time the
e) Souvenir
evidence is recovered up to the time it is presented can be sufficiently explained.
Q. Evidence found on the person of the suspect
a) chain of command
that places him at the scene of the crime su ch as
b) chain of custody
bite-marks, defensive wounds, fruits of the crime,
c) evidence tracking
etc.
d) tracing evidence
a) Modus operandi
e) preservation of evidence
b) Associative evidence c) Tracing evidence
Q. _____________ also refers to the number of
d) Trophy
persons who handled the evidence between the
e) Souvenir
discovery of the offense up to the disposition of the case in court.
Q. Evidence such as plane tickets, hotel check-in
a) chain of command
details, restaurant bills, phone call records, ATM
b) chain of custody c) evidence tracking
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d) tracing evidence
- 21 Q. According to Swanson, Chamelin & Territo, the
e) preservation of evidence
greatest problem with mistaken identity is ____________.
Q. A moving force which impels a person t o act:
a) Miscarriage of justice
a) Modus operandi
b) Wasted police time
b) Motive
c) Bad publicity
c) Intent
d) Ineffective policing
d) Desire
e) None of these
e) Opportunity Q. This requires strict compliance of legal Q. _________________ is the casual, cooperative and
requirements. In this situation, the person subject
friendly inquiry involving a person who may have
to questioning is either a suspect or a hostile
information regarding the commission of a specific
witness.
crime under investigation.
a) Interview
a) Interview
b) Interrogation
b) Interrogation
c) Torture
c) Torture
d) Polygraph
d) Polygraph
e) Confession
e) Confession Q. Why is it important to distinguish between an Q. A person who furnishes information based on
interview and an interrogation?
personal knowledge during interview is a source of
a) Numerous legal requirements apply in
what type of evidence?
interrogations but not in interviews
a) Object evidence
b) There is no difference
b) Documentary evidence
c) Interviews are intended to elicit confessions
c) Testimonial evidence
d) Interrogations result in convictions
d) Hearsay evidence
e) I don’t care
e) Confession Q. The purpose of Interrogation are the following, Q. If you are a police investigator, which among the
except:
following individuals should you consider best for
a) To test information already obtained
interview?
b) To secure a confession
a) One who was present at the crime scene, but
c) To confront the suspect with the truth
inattentive
d) To exclude the guilty
b) One who was present and attentive at the crime
e) None of these
scene c) One who was present at the crime scene, but
Q. One of the following is not a scientific approach
had been intoxicated.
to interrogation:
d) One who was attentive to what was happening
a) Sympathetic approach
e) One who is willing to be manipulated by the
b) Cognitive interview technique
police
c) Logical approach d) Water boarding e) Reflective interview technique
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Q. In this form of tactical interrogation, two police
c) Judicial admission
investigators form a tandem; one of them is
d) Extrajudicial confession
friendly towards the suspect while the other is
e) Admission
hostile. a) Mutt and Jeff
Q. Field notes must be an exact and correct
b) Hot and Cold
representation of facts obtained in the course of
c) Good-cop, Bad-cop
the investigation.
d) All of these
a) Complete
e) None of these
b) Accurate c) Timely
Q. The right of a person suspected to have
d) Unadulterated
committed an offense to be informed of his right to
e) Legible
remain silent and be assisted by counsel preferably of his own choice.
Q. Note and record all available information,
a) Right to bail
particularly the basic 5 W’s and 1 H of report
b) Right to presumption of innocence
writing.
c) Miranda right
a) Completeness
d) Right to confront witnesses
b) Accuracy
e) Freedom from unreasonable search or seizure
c) Timeliness d) Faithfulness
Q. The warnings in Miranda v. Arizona does not
e) Legibility
include the suspects’ right to: a) Confess to the crime voluntarily in the presence
Q. As a general rule, a person may only be arrested
of counsel
with a warrant. Which among the following
b) Be warned that anything he says or do may be
instances permits the arrest of a suspect even in
used against him in a court of law
the absence of judicial warrant?
c) Have a competent counsel de parte or parte or ex officio
a) Hot pursuit
d) Be informed of his right to remain silent
b) Inflagrante delicto
e) None of the above
c) Fugitives from justice d) All of these
Q. An acknowledgment of fact, falling short of an
e) None of these
acknowledgment of guilt, made by the suspect in the course of an investigation.
Q. The general investigative sequence in case
a) Judicial confession
warrantless arrests are no longer proper is:
b) Extrajudicial admission
1. Proceed to the area where a reported offense
c) Judicial admission
allegedly took place
d) Extrajudicial confession
2. Make a preliminary determination if a crime has
e) Admission
been committed 3. Deal with any emergencies first
Q. An acknowledgment of all the material facts of a
4. Process the scene, take photographs, record all
particular crime, including the guilt, made by the
activities
suspect in the course of trial.
5. Release the scene
a) Judicial confession
6. Identify & Interview witnesses
b) Extrajudicial admission
7. Interrogate suspects & uncooperative witnesses 2
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8. Submit the case folder containing your findings
a) Police line-up
to the prosecutor
b) Rouges gallery
9. Wait for the issuance of the warrant of arrest
c) Order of battle report
a) Steps 1, 2, 3, 4, 5, 6, 7, 8 & 9 is correct
d) Personal status report
b) Steps 2, 1, 4, 3, 6, 5, 7, 8 & 9 is correct
e) Crime album
c) Steps 1, 3, 2, 6, 7, 4, 5, 8 & 9 is correct d) Any steps could be followed
Q. The current practice of presenting a “Rogue’s Gallery” to the victim for identification purposes
Q. According to Bennet & Hess, the most
has its origins in:
successful investigations are systematic, thorough
a) Mulberry street morning parade
and takes time. This helps ensure an airtight case
b) Sketching
that does not result to waste of time, money and
c) Medieval firing squad
effort. On the other hand, “instantaneous”
d) Portrait parle
investigations are haphazard, unprofessional and
e) Inquisition
results to wrongful prosecution of innocent persons.
Q. Police line-up can be traced back to:
a) Agree
a) Mulberry street morning parade
b) Disagree
b) Sketch
c) Partly agree
c) Medieval firing squad
d) Partly disagree
d) Portrait parle
e) None of these
e) Inquisition
Q. The process of documenting in a systematic and
Q. A valid positive identification in a police line-up
logical manner all evidence collected during the
requires:
investigation and submit it before the public
a) More than two suspects
prosecutor for evaluation.
b) Not suggestive as to guilt
a) case preparation
c) Not suggestive as to identity
b) order maintenance
d) All of these
c) crime prevention
e) a & c only
d) public service e) journalism
Q. Doctrinal rule which states that evidence illegally obtained in the course of the police
Q. A pictorial collection of past offenders known to
investigation cannot be admitted during trial.
the police & presented to an eye-witness for
a) Fruit of the poisonous tree
examination. They are usually indexed, catalogued
b) Irrelevant evidence
and recorded according to sex, type of crimes,
c) Immaterial evidence
modus operandi and place of commission.
d) Inadmissible evidence
a) Police line-up
e) Hearsay evidence
b) Rouges gallery c) Order of battle report
Q. The world’ world ’ s first conviction using DNA evidence
d) Personal status report
was obtained in England through:
e) Crime album
a) William West & Will West case b) Colin Pitchfork case
Q. Mug shots are also known as: 2
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d) Frank Daubert case e) In Re: Gault case
Q. The case that proved that Dactyloscopy is a far superior tool for identification and individualization than Anthopometry: a) William West & Will West case b) Colin Pitchfork case c) Terry v. Ohio case d) Frank Daubert case e) In Re: Gault case
REFERENCES:
1. Criminal Chamelin
Investigation, &
By:
Territo,
Swanson,
McGraw
Hill
Publishing Co. 2004
2. Criminal Orthman,
Investigation, Cengage
By:
Hess
Learning,
&
2010
Philippine Edition
3. Criminal
Investigation,
By:
JDempsey,
Cengage Learning, 2nd Ed. 4. Criminalistics, an Introduction to Forensic Science, By: RSaferstein, Prentice Hall, 9 th Ed. 5. Techniques of Crime Scene Investigations, By: Fisher & Fisher, CRC Press, 7 th Ed. 6. FBI Handbook of Crime Scene Forensics, Federal Bureau of Investigations, Skyhorse Publishing, 2008 7. Intro. to Theory, Practice & Career Devt. in Public & Private Invst., Gunter & Hertig, 2005
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