FUNDAMENTALS OF CRIMINAL INVESTIGATION

By:

PROF. OSCAR GATCHALIAN SORIANO, LC

BSCrim, MSBA, MACrim, PhDCrim

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Definition of Criminal Investigation

Criminal investigation is an activity that

collects facts to accomplish the three fold aims of
the criminal investigators: 1) to identify; 2) to
locate the guilty party; and 3) to provide evidence
for his guilt.

Six Cardinal Points of Criminal Investigation

In investigative work, the investigator’s

effectiveness rest on his skills, techniques,
methods, and procedures in the conduct of
investigation. It also includes knowledge on the
six cardinal points of criminal investigation,
i.e., the 5Ws & 1H. Through this, the investigator
must be able to find the truth about a crime as he
persistently endeavors to answers the following:

1. What offenses have been committed?

2. Where was the offense committed?

3. Who committed the offenses?

4. When was the offense committed?

5. Why was the offense committed?

6. How was the offense committed?

Investigation as an Art and Not a Science

Investigation is an art and not a science;

hence it must be discussed in terms of precepts and
advice rather than laws and rigid theories. The
elements of intuition or felicity of inspirations
in the choice of methods has its effect on the
outcome despite the most methodical and exhausting
treatment of the case. Then too, there is the
matter of chance which cannot omitted from
consideration.

Tools of Criminal Investigation

1. Information

The word “information” is used here to describe

the knowledge which the investigator gathers from
other persons. Of the three “Is,” information is by
far the most important, since it answers the
question, “Who did it?”

2. Interrogation

Interrogation, the second “I,” includes the

skillful questioning of witnesses as well as
suspects. The term “interview” means the simple
questioning of a person who has no personal reason
to withhold information and therefore may be
expected to cooperate with the investigator, while
the term “interrogation” is describe as the
questioning of a suspect or other person who may
normally be expected to be reluctant to divulge
information concerning the offense under
investigation. The ability to obtain by questioning
is the most prized talent of the investigator.
3. Instrumentation

The third “I” is meant to include the

application of the instruments and methods of the
physical sciences in the detection of crime.
Physics, for example, offers such aid as
microscopy, photography, and the optical methods of
analysis. The role of chemistry is too well known
for elaboration here. Biology and pathology are
particularly important in crimes of physical
evidence.

Phases of Criminal Investigation

The objectives of the investigator as earlier

stated provide a convenient division of
investigation into three phases: 1) the criminal is
identified; 2) he is traced and located; and 3) the
facts providing his guilt are gathered for court
presentation.

Identifying Criminals

1. Confession

Admission or confession by a suspect is a major

objective of every investigation. The confession
is, of course, an excellent means of identifying
the criminal. From the point of view of proving
guilt at the trial, a consideration that will
overlap this discussion, it must be supported by
other corroborative evidence.

2. Eyewitness Testimony

The ideal identification is made by several

objective persons who are familiar with the
appearance of the accused and who personally
witnessed the commission of the crime. Where the
witness and the accused are strangers and the
period of observation was limited to only few
seconds, the validity of the identification depends
upon the ability of the witness to observe and
remember the relative “distinctiveness” of the
accused appearance, the prevailing conditions of
visibility and observations, and the lapse of time
between the criminal event and identification.

3. Circumstantial Evidence

The identification may be established

indirectly by proving other facts or circumstances
from which either alone or in connection with other
facts, the identity of the perpetrator can be
inferred. Evidence of this nature usually falls
into one of the following classes: motive,
opportunity, and associative evidence.

Locating the Offenders

The second phase of the investigation is

concerned with locating the offender. Obviously
many of the steps previously suggested for
identifying the suspect will also lead to his
location. Most commonly that answer to the question
of the criminal’s whereabouts falls easily out of
the solution to the problems of his identity.
Usually the criminal is not hiding, he is simply
unknown.

Proving the Guilt

The final test if a criminal investigation is

in the presentation of evidence in court. The fact
of the existence of the crime must be established;
the dependant must be identified and associated
with the crime scene; competent and credible
witness must be available; the physical evidence
must be appropriately identified; the chain of its
custody established and its connection with case
shown and the whole must be presented in an orderly
and logical fashion. The complete process of proof
is described in the phase “establishing the
elements of the offense.”

Corpus Delicti

Early in criminal trial, the prosecution must

prove the corpus delicti or fact that a crime was
committed. Unless an offense can in fact be shown
to exist, there is little basis for testing the
guilt or innocence of the accused and the court may
dismiss the cause if a corpus delicti is not shown.
The corpus delicti is proved by showing the
following:

1. There exist a certain state of fact which

forms the basis of the criminal charged; and

2. The existence of a criminal agency which

caused the state of fact to exist.

In arson, for example, it must be shown that

there was a burning by a criminal agency; in a
homicide, the death of a person by a wrongful act
of another must be shown. Preferably this state of
fact should be established by direct and positive
proof, but circumstantial evidence will suffice if
it is particularly clear and cogent. In general, it
may be said that a confession in itself is
worthless unless proof of the existence of the
corpus delicti is available.
Elements of the Offense

1. Form

To acquire knowledge of the elements of

criminal offenses, the investigator must study the
penal law. It is not to be expected that he will
have a ready recall the essentials of all the
crimes which he will be required to investigate,
but he should possess sufficient powers of analysis
to be able to deduce the essential elements from
reading the penal law. In their most general form
the most general form the elements of the offenses
will consist of the following: 1) that the accused
has committed or omitted to do the acts as alleged;
and 2) the circumstances as specified. A further
study of this form will demonstrate its usefulness
despite its generality.

2. The Accused and the Alleged Acts

In the first general element, the identity of

the accused must be established and his connection
with the alleged acts clearly shown. To satisfy
this element, however, a close causal connection
must be established between the accused and the
offense. It is not necessary to show that he willed
the particular effect in its final form; it is
sufficient to show that his objective in acting was
one which could not have been accomplished without
violating the law. The accused must be shown as
responsible agent, either by physical or moral
causation or by omission to perform a legal duty.

3. Intent

The investigation must be designed to develop

facts which give evidence of the frame of mind of
the accused. It must be shown that the accused knew
what he was doing. Consciousness of the
unlawfulness of the act is not essential, since
ignorance of the law excuses no one. In some crimes
intent is an essential elements; in others it is
merely necessary to show that the accused was aware
of the consequences of his acts. Some crimes
include the additional element of malice, the
intent to do injury to another.

Definition of Interview

An interview is asking question to person who

is believed to possess knowledge that is of
official interest to the investigator, and who is
cooperative in the conduct of investigation.

Importance of Interview

The greater part of investigation is usually

devoted to interviews. In most cases interviews
constitute the major source of information. Because
of the apparent simplicity of the typical
interview, the novice is inclined to neglect the
development of a technique. Owing to this, the
investigator should devote his greatest efforts to
developing effective methods of interviewing. He
should constantly remind himself that the next
interview on his schedule may by the only way of
acquiring information on a certain aspects of the
case under investigation. After each interview, he
should subject his performance to a critical review
by checking the quantity and quality of the
information obtained and the extent to which he
established rapport with the subject.
Requisites of Interview

1. Established Rapport

The relationship existing between the

interviewer and the subject usually determines the
success of the investigation. By establishing
rapport with the subject, the investigator may be
able to unloose a flood of useful information. On
the other hand, if the relationship is strained or
marked by mistrust or a feeling of strangeness, the
subject may be reluctant to give any of the desired
information.

2. Forcefulness of Personality

The primary trait which the interviewer should

possess is that of forcefulness of personality. He
should instinctively induce confidence by the
strength of his character so that the subject
trusts him on the first meeting and tend to seek
his assistance by confiding in him. There should be
no air of superiority in his manner.

3. Breadth of Interests

To establish rapport with a witness or a

complainant, it may be necessary to create a
meeting ground of interests. A person tends to
regard a fellowman who shares common interests as a
sympathetic personality. This is the first step
toward placing trust in interviewer. Obviously, the
range of the investigator’s interest must
necessarily be broad if it is to cover those of
many of the witness and subjects with whom he will
come in contact.
Personalities of Interviewees

1. Know-Nothing Type

Some persons are reluctant to act as witness.

This is particularly true of uneducated persons who
imagine that any contact with the law means
“trouble.” An extensive warm-up, followed by
persistent questioning may yield results. Another
technique is that of presenting the subject with a
great many questions to which he cannot reply that
he knows nothing, and then leading into relevant
questions. If the subject person persists in his
attitude the investigator should determine whether
he is stupid or non-observant before continuing.

2. Disinterested Type

The uncooperative, indifferent person must be

aroused. He should be flattered at first to develop
a pride in his ability to supply information. His
interest should be stimulated by stressing the
importance of the information he possesses.

3. Drunken Type

Flattery will encourage the drunk to respond to

question and develop an interest. Naturally, it is
not advisable to take written statements from a
person in this condition. At times the drunk can be
the best of all witnesses since he is inspired by
his own potent truth serum.

4. Suspicious Type

His fears must first be allayed. An effort

should be made to win over on the grounds of good
citizenship. Failing to this, the investigator
should employ psychological influence. By implying
that he already knows a good deal about the case,
the investigator leaves the suspicious witness to
infer that this knowledge is sufficient to work
against him in the event he does not cooperate.

5. Talkative Type

The garrulous witness merely requires

management. The flow of information is there, but
it is requires channeling. The investigator should
subtly lead this type back to relevant matters, by
interspersing remarks that switch the subject’s
mind back on the desired track.

6. Honest Witness

If the witness possesses useful information and

demonstrates honesty and cooperativeness in his
attitude, the investigator has found a precious
stone that is well worth polishing. Such a person,
if he is normally intelligent can be developed into
an ideal witness with a little care and guidance.
He should be first convinced of the investigator’s
mission, as follows: the discovery of truth, and
disabused if any notion that the investigator is
determined to punish or persecute the subject.
Secondly, the witness should be given a five
minutes talk, with illustrative examples of the
difference between direct evidence and hearsay, and
the importance of accurate and relevant
information.

7. Deceitful Witness

The witness who is obviously lying can often be

brought into the investigator’s camp by careful
maneuvering. He should be permitted to lie until he
is well enmeshed in the falsehoods and
inconsistencies. The investigator can then halt the
interview and dramatically announce that he
recognizes the witness’ statements as falsehoods.
He can sustain his point by one or two examples of
which he is sure and imply that he knows wherein
lies in the falsity of the others. A recording of
the lies is extremely effective in the playback.

8. Timid Witness

Housewives, uneducated, cultural minorities,

and others may often usually timid and stand in
aware of law enforcement procedures. The
investigator must employ a friendly approach and
should spend some time in explaining that the
information obtained will be treated as a
confidential matter.

9. Boasting, Egotistic or Egocentric Witness

Patience and flattery are necessary in dealing

with the vain or self-centered person. He is
potentially an excellent witness because of his
drive toward self-expression. Unfortunately, he is
prone to color his story and put unwarranted
emphasis on his own past.

10. Refused to Talk

The witness who will say nothing is the most

difficult of all types. If he is shrewd criminal
with a record, he will probably remain silent. With
other types, the investigator must persevere.
Neutral topics should be chosen to induce the
atmosphere of conversation. Motivation should be
exhausted admitting defeat. The witness should be
made to feel that he “owes it” to himself, his
family, the victim, or even the subject to give
whatever information he may possess.
Methods of Recording Interview

1. Mental Notes

Relying on simple memory has the advantage of

permitting an uninterrupted flow of information
without inspiring caution by the appearance of
pencil and paper. The disadvantages are obvious.
The untrained memory may come away from an
interview with little more than a general
impression and a few phrases.

2. Written Notes

Although a great improvement over memory;

written notes must necessarily be sketchy. They
suffice to record significant data. As a tool if
the routine interview, they are satisfactory. An
interrogation which may be accomplished by
admission and confession requires more accurate
recording for an exact reproduction. A flood of
information may overwhelm the interrogator when
dealing with a subject who suddenly becomes willing
to speak freely.

3. Stenographic Notes

The presence of stenographer may deter a

hesitant subject. Moreover, the investigator seldom
has stenographic facilities at his disposal.

4. Sound Recording

The disc, tape, or wire recording has been

found to be the simplest and most practical means
of recording the interview or interrogation. It
requires, of course, physical preparation, and a
moderate degree of technical facility and
equipment.
4. Sound and Motion Pictures

The ideal solution is the sound and motion

picture, that combination of sound and sight which
most nearly represents to the senses the event
itself. In important cases where the subject
confesses and agrees to re-enact the crime, sound
and motion pictures will provide the most
convincing evidence for presentation to the court.

Definition of Interrogation

It is skillful questioning of persons who are

uncooperative in the conduct of investigation or
those who reluctant to divulge information in his
possession which are pertinent in the conduct of
investigation.

Fundamental Rules

The provision of Section 12, Article III of the

New Philippine Constitution of 1987, and the
provision of Republic Act No. 7438, entitled “An
Act Defining Certain Rights of a 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,” have radically changed the
procedural requirements for a lawful interrogation
of a suspect or a person under custodial
investigation by specifying certain minimal pre-
requisites to insure the voluntariness of the
suspect’s response. Before interrogating a suspect
or a person under custodial investigation, the
investigator should observe the following:
 1. Identify himself to the suspect as a law
enforcement officer—this is done orally, together
with a show of credentials.

2. Explain to the suspect in general terms

the nature of offense under investigation.

3. Inform the suspect of his wish to question

him on matters relating to this offense.

4. Advise the suspect of his rights,

substantially in the following terms:

1) You have the right to remain silent;

you do not have to answer any questions.

2) You have the right to be assisted by

an independent and competent counsel preferably of
your own choice;

3) If you cannot afford the services of a

counsel, and you want to be assisted by a lawyer
this office shall provide you with a lawyer free of
charge.

4) That anything you say can be used as

evidence against you in any court of the law.

5) Do you understand your rights as I

have explained to you, as follows: the right to
remain silent and the right to be assisted by a
counsel?

6) After explaining your Constitutional

rights, are you still willing to give a free and
voluntary statement of the facts of the case being
investigated?

The above mentioned rights can not be waived

except in writing, and must be signed in the
presence of a legal counsel. These rights are
popularly known as the “Miranda Doctrine.” The
doctrine that has broad ramifications to all law
enforcement officers, which since then have been
required to issue the “Miranda Warning” to all the
suspects, once arrested and taken into custody.

Terms in Interrogation

1. Witness

A witness is a person, other than a suspect,

who is requested to give information concerning an
incident or person. He may be a victim, a
complainant, an accuser, a source of information,
an observer of an occurrence, a scientific
specialist who has examined physical evidence, or a
custodian of official documents.

2. Suspect

A suspect in an offense is a person whose guilt

is considered on reasonable grounds to be a
practical possibility.

3. Subject

The term subject will be used here most

commonly to represent the person, whether witness
or suspect, who is being interviewed or
interrogated. The subject in this sense is not
necessarily the subject of the case under
investigation. Where the term is used to refer to
the subject of the case, the distinction will be
apparent from the phrasing and contest.
Purpose of Interrogation

Some of the other functions served may be found

in the following list of the purpose of
interrogation:

1. To obtain information concerning the

innocence or guilt of a suspect.

2. To obtain a confession to the crime from a

guilty subject.

3. To induce the subject to make admissions.

4. To learn the facts and circumstances

surrounding a crime.

5. To learn of the existence and locations of

physical evidence such as documents or weapons.

6. To learn the identity of the accomplices.

7. To develop information that will lead to

the fruits of the crime.

8. To develop additional lead of information.

9. To discover the details of any other

crimes in which the suspect has participated.

Techniques of Interrogation

1. Emotional Appeals

The investigator must create a mood that is

conducive to a confession. To place the subject in
the proper frame of mind, he should provide
emotional stimuli that will prompt him to unburden
himself by confiding. In achieving this aim, the
interrogator must combine the qualities of an actor
and a practical psychologist. He must be able to
roughly analyze the subject’s personality in a
short time; decide what motivation would prompt him
to tell the truth; and then provide those motives
by appropriate emotional appeals.

2. Friendliness

The simplest of techniques is to assume that

the suspect is willing to confess if he is treated
in a friendly spirit. This treatment may take
several forms which although similar to the
emotional appeal described above are not a simple
and direct.

3. Anxiety

The suspect is in state of emotional confusion.

He is unable to think logically and clearly, since
his sense of values has been disturbed and his
imagination is distort6ing perspective. It is
possible for the investigator to obtain admission
or even a confession from the suspect by further
misrepresenting the picture.

4. Stern Approach

A cold, aloof attitude may sometimes produce

the desired results. Techniques classified under
this heading are often designed to induce the
effect of anxiety. Many types of suspects are in
fear of the police and the police station. Their
confidence is shaken in they are faced by a stern
investigator. His very coldness upsets any pre-
conceived notions of “kid gloves” treatment.
Physiological Symptoms of Guilty Knowledge

1. Sweating

Perspiration on the brow may indicate

excitement, nervousness, or simply that fact that
the room is rather warm for the subject. Sweating
palms, however, are indicative of tension and
nervousness, rather than warm surroundings.

2. Color Changes

A flushed face indicates anger or

embarrassment, both not necessarily guilt. An
unusual pallor, considered by some a more likely
sign of guilt, is often associated with fear or
shock.

3. Dry Mouth

Frequent swallowing, wetting of the lips, and

thirst are indications of dryness of the mouth, a
common symptoms of nervous tension, that is
sometime associated with guilty knowledge and
deception.

4. Pulse

An increase in the rate of heart beat and

faster pulse rate can be caused by guilty knowledge
and deception.

5. Breathing

Guilty knowledge and deception is sometimes

accompanied by an observable changes in the rate of
breathing or by an effort to control breathing
during critical questions.
Perseverance in Interrogation

In the conduct of interrogation, emphasis ahs

been placed on kindness and stratagems. The
investigator will, however, encounter many
situations where the sheer weight if his
personality will be the deciding factor. Where
emotional appeals and tricks are employed to no
avail, he must rely on an oppressive atmosphere of
dogged persistence.

He must interrogate steadily and without

relent, leaving the subject no prospect of
surcease. He must dominate his subject and
overwhelm him with his inexorable will to obtain
the truth. He should interrogate for a spell of
several hours pausing only for the subject’s
necessities in acknowledgment of the need to avoid
a charge of duress that can be technically
substantiated.

Definition of Instrumentation

It is the scientific examination of minute

details of physical evidence, application of
laboratory equipment and methods of forensic
science in the detection of crime.

The Term Forensic Science

The word forensic science is derived from Latin

word forensis, meaning “forum.” A town square or a
market place in ancient cities, the forum was the
arena of discussion and disputation in judicial and
other public matters. As society became more
complex, disputes were argued and settled in
formally organized courts. Today the term forensic
still applies to or is used in court of law or
pubic discussion and debate.

At least two major branches of forensic science

are recognized, the most obvious being
criminalistics and forensic medicine. Both the two
branches necessitates the application of
instrumentation in the examination of physical
evidence and other clues materials found at the
crime scene, and at the victim’s body, and which
are material and relevant evidence to the purpose
of the law and in the administration of justice.

Techniques of Forensic Science

Forensic science uses instrumentation and

sophisticated laboratory techniques to detect the
presence of substances in the victim, in the
suspected criminal, or at the crime scene. For
example, in determining whether alcohol was
involved in a crime, the amount of alcohol in the
blood can be measured in two ways. One is to
measure the amount of alcohol exhaled in the breath
of an individual, which reveals the concentration
of alcohol in the person's blood. Recent advances
in technology have produced alcohol breath-testing
instruments so accurate that their results are
evidential, and are capable of providing evidence
in court.

Blood-alcohol level can also be determined by

actual blood tests, usually through gas
chromatography. In this method, the blood sample is
vaporized by high temperature, and the gas is then
sent through a column that separates the various
chemical compounds present in the blood. Gas
chromatography permits the detection not only of
alcohol but also of other drugs, such as
barbiturates, cocaine, amphetamines, and heroin.
Development and Interpretation of Physical Evidence

Criminalistics, the branch of forensic science

concerned with the recording, scientific
examination, and interpretation of the minute
details to be found in physical evidence, is
directed to the following end.

1. To identify a substance, object or

instrument.

2. To establish a connection between crime

scene evidence and a known comparison obtained from
a suspect, thus linking the suspect to the crime
scene or victim.

3. To reconstruct how a crime was committed.

4. To protect the innocent by developing

evidence that may exonerate the suspect.

5. To provide expert testimony in court.

Basic Concepts and Details in Physical Evidence

The details which may be found in physical

evidence are best illustrated by examples—some from
actual cases and some by line drawings. With
evidence, such as fingerprints, these details are
given specific names--ridge ending, bifurcation,
short ridge; with bullets—cartridge casings or tool
marks, amore general descriptive terms us used—
striations. Essentially a series of roughly
parallel lines of varying width, depth, and
separation, striation are scratch marks caused by
irregularities or a lack of micro fine smoothness
on the barrel of the gun, head of a firing pin, or
working face or edge of a tool.

With some types of evidence, the general term

morphology describes the structure and shape or
form—hence the details. In the examination of an
undergarment for a suspected seminal stain, the
presence of at least one intact spermatozoon,
identifiable under the microscope by its structure
and form, helps to corroborate a charge of rape.
Also, the jigsaw puzzle fit of several pieces of
evidence—for example, the glass fragments of a
broken motor vehicle headlights or radiator grill
in a hit-and-run accident—illustrates morphological
details effectively put top work in criminalistics.

Means of Developing Physical Evidence

1. Contrast

The most familiar way to bring out details is

by altering the contrast. One method uses black or
white powder to process a crime scene for
fingerprints. With the possible exception of small
children, people seldom leave visible fingerprints
after touching an object, therefore, the indistinct
image or latent print must be converted to one that
can be seen. This is achieved by “dusting” it with
black or white fingerprint powder, the color of the
object dictating the choice of powder. The latent
fingerprint developed by dusting will contrast with
the object on which it is located.

2. Optical Instrument

Invaluable optical devices, the microscope and

camera make details visible which are otherwise
difficult, even impossible, to see with the unaided
eye. Mere enlargement, however, is not enough:
there must be enlargement with resolution. This
term describes the ability of a microscope or
camera lens to separate what, to the unaided eye,
appears to be one object or point into two or more
objects or points, and thus yield details not
perceptible in any other way. It might be easier to
understand this concept if the reader imagines he
or she is looking down a railroad track. At some
distant spot the rails will appear to converge.
With binoculars, however, this spot can be
separated into two objects—the rails, the lenses
having given an enlarged image with resolution.

3. Analytical Instrument

The need for quality control in weapons

production brought unique scientific analytical
instrument to the commercial arena. Coupled with
the vas financial support to science, this
development greatly enhanced the capabilities of
forensic laboratories to examine clue materials.
Samples considerably smaller than those required by
traditional wet chemistry—with its emphasis on test
tubes, beakers, and flasks—could now be analyzed.
Available clue materials as a crime scene being
limited, such instrumentation was particularly
suited to the needs of criminal investigator.

Basic Concepts of Identification and Identity

Identification, a significant term in

criminalistics, describes the classification
process by which an entity is placed in a
predefined, limited, or restricted class. For
example, if the entity is a sachet of white powder,
the crime laboratory report on such evidence seized
in violation of the comprehensive dangerous drugs
acts might read: “The crystalline substance
submitted as Exhibit “OGS-1” contains
Methamphetamine Hydrochloride.” Two other examples:
If the physical evidence is a typed ransom note,
the laboratory might inform the investigator that
of all typewriters, the one used was the IBM
Electric Class, if a bullet, perhaps is a homicide
case before a weapon is recovered, the finding
might be that it was fired from a .45 caliber
automatic pistol, with left twist, six lands and
six grooves

In a rape case, the crime laboratory report

might state the fiber found beneath the victim’s
fingernails is a naturally occurring filament,
distinct from synthetic, in the class of human
hair. However unequivocal this identification, it
has not linked the physical evidence to the crime
scene or victim. When it does, an identity has been
established. At present, deoxyribonucleic acid
(DNA) technology is opening up new possibilities in
this important aspect of the criminalists work. An
identity, therefore, extends the classification
process to the point at which the entity is in a
class by itself—a class of one. It has been
individualized—affected by comparing physical
evidence discovered at the crime scene with
apparently similar evidence obtained from the
suspect.

A criminalist’s finding that a unique

connection existed between the victim or crime
scene and the suspect, prompted to define
criminalistics as “the science of
individualization.” Taken together, the details
that uniquely characterize the entity—that is, put
it in class of one and thereby establish an
identity—are called individual characteristics.
When a sufficient number of individual
characteristics in the crime scene evidence and a
specimen of known origin—the exemplar obtained from
the suspect, can be matched, the criminalist is
said to have developed associative evidence and
established an identity.

Role of the Crime Laboratory

1. Establish an Element of Crime

Dangerous drugs, controlled precursors and

essential chemicals are prescribed by the
Comprehensive Dangerous Drugs Act. If the pertinent
law is to apply, their presence in seized evidence
must be established. The concept of identification
is involved and chemistry is needed to effect the
determination. The presence of dangerous drugs,
controlled precursors or essential chemicals is an
element of the crime.

2. Link the Crime Scene or Victim to the Criminal

Associative evidence, a non-legal term,

describes the aspect of laboratory work through
instrumentation involving the concept of identity,
i.e., linking the suspect to the crime scene or
victim—such as by fingerprint. The most effective
means of developing associative evidence are
instrumental chemistry, photomacrography,
microscopy, other optical methods, and morphology.

3. Reconstruct How the Crime Was Committed

The role of the criminalists in reconstructing

a crime is important. Although less frequently
called fro by the investigator, greater use will no
doubt be made as such aid as familiarity with it
increases.
Relative Importance of Admission and Confession

There is a tendency on the part of even

professional investigators to exaggerate the values
of such admission and confession, and to
misinterpret its significance. The written
admission and confession does not, for example,
prove the matters to which it pertains. Often the
written statement is not considered admissible and
does not become part of the evidence in the case.
Moreover, if the written admission and confession
is admitted in evidence it will be subjected to the
closest scrutiny by the defense counsel. Above all,
the question of voluntariness is commonly raised by
defense counsel and accusation of duress and
coercion are brought against the prosecution
witnesses.

Finally, proof of the elements of the offense

should be developed by the investigator
independently of the written admission and
confession for presentation to the court. He should
continue with his investigation and bring it to its
completion as though the written admission and
confession existed mainly for the purpose of
providing guidelines and additional leads for the
inquiry as well as the number of details which must
be separately proved to supply additional evidence
or to serve as check on the information already
acquired.

Admission and confession has been called “the

prime source of other evidence.” Often it provides
the investigator with information that would be
otherwise unavailable—for example, the scope of
conspiracy, the existence and identity of
accomplices, additional past offenses attributable
to the same person or group, and so forth. Physical
evidence that will be later analyzed through
admission or confession; the existence and location
of a firearm used in the commission of a crime; the
location of a motor vehicle used in an assault; and
location of stolen property are a few examples.

Specific Purposes of Written Admission and

Confession

In addition to providing some of the general

investigative advantages described above, the
obtaining of written admission and confession can
serve the following specific purposes:

1. To provide a written record for the case

file.

2. For use by the prosecution at the trial to

refresh recollection, impeach witness, and, in
general, monitor to some extent the testimony.

4. To assist the prosecution in planning its

presentation by reducing the element of surprise
that unforeseen testimony would produce.

4. To discourage a witness from wrongfully

changing his testimony at the trial.

Definition of Admission

An admission is a self-incriminatory statement

by the subject falling short of an acknowledgement
of guilt. It is an acknowledgment of a fact or
circumstance from which guilt may be inferred. It
implicates, but does not directly incriminate. A
simple statement to the effect that the subject was
present at the crime scene may be an admission.
Definition of Confession

A confession is a direct acknowledgement of the

truth of the guilty fact as charged or of some
essential part of the commission of the criminal
act himself. To be admissible, a confession must be
voluntary and trustworthy. In addition, it has also
been stated that if the confession is to be used in
prosecution it must have been obtained by civilized
police practice. The giving of the fourfold warning
of rights is necessary, but not a sufficient
condition for the voluntariness and trustworthiness
of a subsequent confession.

Definition of Deposition

A deposition is the testimony of a witness

reduced to writing under oath or affirmation,
before a person empowered to administer oaths, in
answer to interrogatories and cross interrogations
submitted by the party desiring the deposition and
the opposite party. A deposition is used ordinarily
to take the testimony of a witness who will be at a
prohibitive distance from the scene of the trial,
or, who for some reason would be unable to testify
in person at the trial.

Source of Statement

Whenever possible, important statements of

witnesses and suspects should be reduced to
writing. Specifically, written statements should
takes from:

1. Subjects and suspects;

2. Recalcitrant or reluctant witness;

 3. Key witnesses;

4. Any witness who goes an indication of a

tendency to change his or her mind; and

5. Witnesses who will not be available at

legal proceedings.

Methods of Taking Statement

1. The subject may write his own statement

without guidance. A statement of this nature, which
is sufficiently comprehensive, is the most
desirable.

2. The subject may dictate to a stenographer

without guidance.

3. The investigator may give the subject a

list of the essential points to be covered in the
statement and suggest that he include these matters
and ad whatever other pertinent information he may
wish.

4. The subject may deliver his statement

orally in his own way to the investigator who
writes the statement.

5. The subject may deliver his statement

orally for the investigator or a stenographer in
response to questions put to him by the
investigator. The responses are recorded verbatim.

6. The investigator may assist the subject in

dictating his statement by suggesting words and
locations which will express the subject’s intended
meaning. Naturally, great caution must be exercised
by the investigator to protect himself from a
charge of influencing the subject. A tape recording
is useful.

7. The investigator may prepare the statement

by writing his version of the information given by
the subject. He should try to use expressions
employed by the subject and submit the statement to
him for correction and changes.

Admissibility of Admission and Confession

1. Tests for Admissibility

The test employed for the admissibility of

admission or confession is the following: An
admission or confession must be voluntary and
trustworthy, and it must have been obtained by
civilized police practices. The court requires more
than the voluntary-trustworthy test in demanding
that the police methods should not be “inherently
coercive” and should be attended continuously by
the prescribed protective devices. Regardless of
the actual effect of the police behavior on the
suspect in giving the admission or confession, the
court requires that this behavior not even have a
tendency to compel admission or confession.
Further, the court considers the susceptibilities
of the individual suspect in these cases rather
than the police methods in general.

2. Meeting the Tests

A number of the procedural safeguards for

meeting the test of admissibility are summarized
and referenced below:

1) Fourfold Warning
 The foremost requirement, upon which later
admissibility of an admission or confession
depends, is that a fourfold warnings given to a
person before he is being questioned.

2) Proof of Waiver

To forego these rights, an affirmative

statement of rejection is required. No conclusion
can be drawn from a suspect’s silence after the
warnings have been given. An express statement,
preferably written and witnessed, that the suspect
is willing to make a statement and does not wish an
attorney may constitute a satisfactory waiver. In
any event, a positive showing should be made to
meet “the high standards of proof of waiver of
constitutional rights required by the court.”

3) Proof of Voluntariness

“The voluntariness doctrine . . .

encompasses all interrogation practices which are
likely to exert such pressure on an individual as
to disable him from making a free and rational
choice.” Again, the investigator should be prepared
to make a positive showing to the effect that the
admission or confession was voluntary given.

4) Record of Conduct

The record of the investigation, including

the investigator’s notes and the interrogation log
should reflect the continuous availability of
protective devices fro the suspect’s rights, the
absence of any threats, tricks, or cajoling to
obtain a waiver of rights, and the absence of all
forms of duress and coercion in the conduct of
interrogation, and the testimony of witness is part
of the record.
Definition of Crime Scene

The crime scene is the place where the

essential ingredients of the criminal act took
place, and this also includes the setting of the
crime and also the adjoining places of entry and
exit of both offender and victim.

Preliminary Considerations

The following measures of steps will ordinarily

found necessary.

1. Identify and, of possible, retain for

questioning the person who first notified the
police.

2. Determine the perpetrator by direct

inquiry or observation if his identity is
immediately apparent.

3. Detain all persons present at the scene.

4. Summon assistance if necessary.

5. Safeguard the area by issuing appropriate

orders, and physically isolating it by establishing
the “police lines.”

6. Subsequently permit only authorized

persons to enter the area.

7. Separate the witness so as to obtain

independent statements.

8. Do not touch or move any object.

9. Definitely assign the duties of the search

if assistants are present.
Protecting the Crime Scene

The first step in the crime scene search is the

preservation of its original condition. Protecting
the crime scene means protecting all the physical
evidence and clue materials, visible and latent
from mutilation, alteration, and contamination of
foreign elements as long that it is not recorded,
photographed and sketched.

Securing the Crime Scene

To avoid contamination of the crime scene, and

to gain the greatest possibility of documenting the
original condition of the crime scene, the
investigator and all the police officer present
must give maximum effort in securing the crime
scene. Such an effort requires continuous attention
and cannot be successful if a haphazard approach to
the crime scene is used. It is necessary to think
of the concepts of “securing the crime scene” and
protecting the crime scene” as to separate, but
interrelated duties.

Purpose of the Crime Scene Search

To understand the many precepts imposed on

police behavior at the crime scene, one must be
aware of the reasons for making a thorough search
initially. First, there is the steadfast rule that
nothing be disturbed, moved, touched, or stepped on
before the crime scene is recorded. It is based on
the possibility that the accounts given by the
witnesses, suspects, and even victims will need to
check out. Any inconsistency between their versions
of events and what is revealed by the physical
evidence and conditions at the crime scene will
become apparent in a reconstruction. Another reason
for examining the crime scene before anything has
been touched or moved is to find evidence that
might be linked to a suspect. It is also fruitful
to search for tell-tale signs of the perpetrator’s
modus operandi (MO). Still another reason for
examining the crime scene is that a reconstruction
of the crime may provide evidence that protects an
innocent person. If essential clues of objects are
moved, altered, or destroyed, evidence sufficient
to establish innocence is not available and due
process may have been derived.

General Stages of Crime Scene Search

Of utmost importance in the crime scene search

is a proper framework or procedures which should be
adhered to by all investigators. One of the major
considerations facing the investigator is the
development of a general scheme which can be used
as basic guidelines to proceed. Despite of the
standard operating procedures which have been
developed by the various law enforcement agencies,
there still remains a series of events which must
transpire in any crime scene search which obtain
the full potential of the crime scene to relate a
“story.” However, the investigator who attempts to
operate in an identical manner on conducting each
crime scene search will soon discover that there is
always some eventuality which appears not to fall
into a pre-planned scheme.

Therefore, the following material attempts to

set forth “food-for-thought,” rather than
advocating the imposing of an alterable system to
the crime scene search. The basic steps through a
crime scene search normally progresses are as
follows: 1) approach the crime scene, 2) secure and
protect the crime scene; 3) preliminary survey of
the crime scene; 4) narrative description of the
crime scene; 5) photograph the crime scene; 6)
sketch the crime scene; 7) evaluation of latent
fingerprint evidence; 8) evaluation of physical
evidence and clue materials; 9) detailed crime
scene search; 10) collection, recording, marking,
and preservation of physical evidence and clue
materials; 11) final survey to insure conditions of
the crime scene have been documented as thoroughly
as possible; and 12) release of the crime scene.

The investigator who is in the act of

responding to a crime scene should be alert for a
variety of things which may ultimately connect to
the conduct of investigation. People, motor
vehicles, and objects observed by the investigator
may provide details concerning the crime and the
suspect responsible for it. For example, physical
evidence and clue materials can be discarded along
a gateway route used by the suspect, potential
witnesses may be seen along the roadside as the
investigator proceed to the crime scene; the
presence of possible getaway motor vehicle may be
discovered. In order that pertinent information may
be obtained, the investigator at the area of the
crime scene should be alert for any and all
observations which, although they appear
meaningless at the time, may provide the necessary
“link” to the successful solution of the case.

Mechanics of the Crime Scene Search

1. Strip Method

In this method, the area is blocked out in form

of a rectangle. The three searchers A, B, and C
proceed slowly at the same pace along path parallel
to one side of the rectangle.

2. Double Strip Method or Grid Method

 It is a modification of the strip method. Here
the rectangle is traversed first parallel to the
base and then parallel to a side.

3. Spiral Method

The three searchers follow each other in the

path of a spiral, beginning on the outside and
spiraling in toward the center.

3. Zone Method

One searcher is assigned to each subdivision of

a quadrant. Depending on the size of the area, it
is divided into quadrants and then each quadrant is
cut into another set of quadrants.

4. Wheel Method

In this method, the area is considered as being

approximately circular. The searchers gather at the
center and proceed outward along radii or spokes.
The procedure should be repeated several times
depending on the size of the circle and the number
of searchers.

Reconstructing the Crime Scene

1. Physical Reconstruction

If possible the investigator should reconstruct

the physical appearance of the crime scene from the
description of witness and the indications of the
physical evidence. If the lighting and weather
conditions are relevant, the reconstruction should
be accomplished at the same time of day and under
comparable weather conditions. The witnesses should
be requested to reenact their movements while other
persons assume the positions of the participant.

2. Mental Reconstruction

From the reenacting of the occurrence and the

reconstruction of the arrangement of the physical
objects, some conclusions can now be made
concerning the consistency of the account of the
various witnesses. In reconstructing the actions of
the criminal, the investigator should test his
theory for logical and consistency. A theory should
not be rejected merely because the investigator
might not under the circumstances behave in a
similar manner.

Final Survey of the Crime Scene

Following the crime scene search, and the

extensive collection of the physical evidence and
clue materials, there must be a final survey. The
purpose of this survey is to review all the
circumstances from beginning of the crime scene
search process. Al elements of the crime must be
reviewed and compared with one central idea—has the
crime scene search effort considered all
possibilities of telling the “story” of the crime.
This introspective approach may prevent important
evidence from being missed, critical notes,
photographs, and sketch from being neglected or
obvious facts from being overlooked. In the
inherent stress and confusion of a crime scene
search, time is needed to review all observations
made and the action taken.
Notes of the Crime Scene

The most universally used and most adaptable

method of crime scene recording is to thorough
note-taking. In this investigator’s notes,
everything which may later be of important evidence
in the case is jotted down. The original condition
of the crime scene, including location of physical
evidences and clue materials, the distances and
measurements of one object to other objects are
also given emphasis, and similar data are recorded
in detail. As each case is different, no fast rule
may be made which would be applicable in all cases.
The details with which notes are made are related
with the nature of the case, and the manner of
securing the data which are determined by the
prevailing situation, and good judgment as to this
procedure requires experience.

When to Take Note

The investigative process begins as soon as an

investigator gets a call to the crime scene.
Accordingly, the note-taking process begins at this
time. Investigators should remember that note-
taking is a continual process that occurs
throughout the duration of an investigator’s
involvement in the investigation. Some victims or
witnesses may be intimidated by the investigator
taking down what is said during an interview. If it
appears that this is the case, the investigator
should take time to explain the importance of brief
notes and how they will benefit the overall
investigation. If a subject simply refuses to talk
while comments are being recorded, the officer can
wait and make the required notes immediately after
the interview. Since the investigator’s notes may
be require later as evidence in court, remember the
following: 1) don’t discard notes; 2) don’t tear
any page; 3) maintain your notebook on file; 4)
always use ink; and 5) don’t erase anything—cross
out instead.

What to Take Note

1. Date, Time and Place

To begin, the date and time of the

investigator’s assignments to the case should be
well recorded in his or her notes. Additionally,
the investigator should include from whom they
received the assignment. Supplementary information
should include the exact time of arrival at the
crime scene, the location of the crime scene,
lighting and weather conditions, names of other
police officers contacted, and others present at
the crime scene.

2. Description of Victims

This information should included all identities

of the victim, including name, age, status, height,
weight, color of hairs and eyes, and so on. In
addition, clothing should be noted as to style and
color of garment. Special attention should be given
to extemporaneous identifiers, such as complexion,
tattoos, and scars.

3. Wounds on the Victim

Notes regarding the type and location of wounds

should be documented carefully. It is important to
emphasize descriptions of the wound, and if it is a
bruise, its color should be noted.
4. Overall Description of the Crime Scene

Investigators must note anything unusual at the

crime scene. This includes items damaged or in
disarray, items that seem misplaced or that do not
seems to belong in the crime scene, open or closed
doors or windows, and so on.

5. Notes on Photograph Taken on the Crime Scene

Fore every photograph taken of the crime scene,

the F-stop, shutter speed, distance, and direction
of the photo should be logged in the investigator’s
notes. Also included should be the time and
location of each photograph. In the event that a
video camera is used to document the crime scene,
an investigator’s notes should include the type of
camera and special attachment that may have been
used.

6. Types and Locations of Each Piece of Evidence

The investigator should be careful to document

adequately the location of each piece of evidence
found at the crime scene. This include its
description, location, the time it was discovered,
and by whom, the type of container in which it was
placed, how the container was sealed, and marked,
and the disposition of the item after it was
collected.

7. Absence of Items

This notation includes the documentation of

items not at the crime scene that probably should
be, such as certain articles of clothing missing
from the deceased or certain home furnishings
absent from the crime scene.
Developing a Note-Taking System

It is advisable for a system of note-taking to

be developed to allow the investigator greater
swiftness in his or her interview. For example,
initials can be used in place of complete names.
This can be illustrated by using “S” for suspect,
“V” for victim, “W-1” for witness number 1, “C” for
complainant, and so on. When adopting this system,
the investigator should be careful not to move into
“shorthand” making it difficult for others to
interpret what the notes are trying to say.
Remember that crime scene notes may be required
later as evidence in court.

Use of Photography

Historically, the use of maps, models and

sketches preceded the practice of photographing the
crime scene. With the acceptance of the photograph,
however, and its manifold advantages, the camera
has become an indispensable tool of the
investigator. The photographer who wisher to employ
the full range of photographic techniques will be
versed in the use of 35mm., 4 X 5 press, view,
copy, and fingerprint cameras. He will be skilled
in the use of filters and in the potentialities of
the ultraviolet and infrared regions;
orthostereoscopy; photomicrography;
microphotography; color work; radiography in the
hard and soft regions; gamma graphs;
cinematography; and projection work.

Evidence Rules Relating to Photographs

1. The object which is represented should not

be immaterial or irrelevant.
 2. The photograph should not unduly incite
prejudice or sympathy.

3. The photograph should be free from

distortion; it should not misinterpret the scene or
object which it purports to depict. Distortions
ordinarily assume one of the following forms: 1)
incorrect point of view, 2) perspective, and 3)
tone.

General Considerations in Crime Scene Photography

Time is an essential factor. Photography

frequently will preempt other aspects of the
investigation. Objects cannot be moved or examined
with thoroughness until they have been photographed
from all necessary angles. Because there are
situations in which the object of interest
undergoes significant change with the passage of
time. It is very important that photographic
equipment be in constant state of readiness. The
most important element in crime scene photography
is maintaining perspective. Proper photographing
perspective produces the same impression of
relative position and size of visible objects do
when viewed from a particular point. Any
significant distortion in the perspective will
reduce, or destroy altogether, its evidentiary
value. As a second rule, natural perspective can
best be maintained by shooting pictures with the
camera aimed so that 90O angle is formed with
opposite walls or if outdoors, with fixed objects
such as trees or the landscape.
Photographing the Crime Scene

1. Overall Photographs

Several photographs should be taken, employing

a general view. The camera should be carried
clockwise until at least four general view
photographs have been taken.

2. Photographs of the Deceased

A set of views should be selected to show

significant aspects of the body of the deceased.
The relationship of the body to the surrounding
furniture, for example, may be suggestive of action
immediately preceding the death.

3. Photographs of Articles of Evidence

As the crime scene is examined, various objects

will appear to have direct relations the homicide.
Weapons, blood stains, hair, fibers, papers, and
similar articles should be photographed before they
are moved. Two photographs are needed for a
significant object which is less than six inches in
length. The first should be a close range to obtain
a fairly large image article. The second photograph
should be taken with the camera approximately six
feet from the object in order to bring the
background in view and show the object in
perspective.

4. Special Techniques

Evidence such as a developed fingerprint or a

tool mark should be photographed by employing
special techniques. Fingerprints should obviously
be photographed with the fingerprint camera.
Photomacrography, i.e., the use of an image greater
than life size should be employed for tool marks if
the bellows extension of the camera permits.

5. Photographing the Environs

The crime should not be considered as a

physically limited area immediately surrounding the
body of the victim or the immediate objective of
the criminal. If the homicide took place in a home,
for example, the investigator should not consider
the single room in which the deceased is found to
be the whole crime scene. Any contiguous areas
which may have been used in approach, pursuit,
plight or struggle should be considered part of the
crime scene and should, therefore, be accorded
appropriate attention.

6. Photographing the Body After Removal

Additional photographs of the body may be

required after the body has been carried from the
crime scene, and the clothing has been removed.

7. Photographic Data

A complete record of the each photograph should

be made in a notebook so that the minimum essential
information is available if requested in court.

Kinds of Photograph Taken at the Crime Scene

Two kinds of photographs are taken at the crime

scene. The first is intended to record the overall
crime scene; the approach to the premises used by
the criminal, the point of entrance, the pathway
through the premises, the various rooms the
criminal entered, and the location of any physical
evidence. The second kind records details needed by
the criminalist to reconstruct the crime or
establish the identity. They are preserved by life-
size or one-to-one photographs, i.e., fingerprints,
blood spatter patterns, and tool marks, or
occasionally by photomacrograph of the evidence.

Stages of Crime Scene Photography

1. General Views

The general photograph is a sweeping view of

the crime scene area. It demonstrates what the
crime scene looks like in its own environment.
Examples are: photo of bank that was robbed, photo
of a house that was subjected to theft, and
abandoned “getaway” car in uninhabited place.
Photos depicting the preceding crime scenes should
be taken at a distance to reveal the natural
surroundings of the location. In the case of a bank
robbery, the bank should be photographed from
across the streets and from both sides of the
building. This will give the court a perspective of
where the structure was situated, and the locations
of possible escape routes.

2. Medium-Range Views

As the investigator move closer to the subject

of the crime scene, additional photos should be
taken. These photos should be taken at a distance
no greater than 20 feet away from the subject or
item being photographed. The intent of the medium-
range photo is to depict specific items or objects
in the crime scene. Some examples are blood
splatters on the walls or an open window that
served as the entry point for an intruder.
Different lenses can be used to accomplish this
phase of photography. For example, a wide-angle
lens should be considered for a broad panoramic
view of the crime scene. The purpose of the medium-
range photography process is to allow the court to
link each print with the general crime scene
photos.

3. Close-Up Views

Moving from the broad to the specific, the last

phase in photographing the crime scene if the
close-up. These photos are taken at a distance of
less than 5 feet and should focus on small segments
of a larger surface or on specific objects in the
crime scene. Examples are bullet holes in the
walls, weapons, and blood splatter stains, latent
fingerprints, and so on. As with the medium-range
photo, these photographs should include some
identifiable item from the medium-range photos to
link objects being photographed with the general
crime scene.

Posed Photographs and Markers

It is sometimes desirable to illustrate the

statement of a witness by means of a “posed”
photograph. In this way the inadequacies of verbal
testimony can be graphically remedied. To
accomplish a posed photograph, a person with the
same general physical appearance and dress should
be employed. Naturally he should be placed in the
same spot and position as directed by the witness,
and the camera should be located so as to represent
the point of view of the witness. If there is
plurality of the witnesses, several photographs
should be made to represent the version of each
witness. Markers or pointers should be used to
clarify important aspects of photograph.
Crime Scene Sketch in General

The photograph, ordinarily, is a two-

dimensional representation of the crime scene, and
as such, does not provide accurate information
concerning the distance between various points in
the crime scene. The relationship existing between
objects present in the crime scene cannot be
clearly understood unless the measured distances
are known. Certain objects, moreover, are not
visible in a photograph or cannot clearly identify.
A drawing or crime scene sketch is the simplest and
most effective way of showing actual measurements,
and of identifying significant items of evidence in
their location at the crime scene.

Elements of Sketching

1. Measurements

Measurements must be accurate. In portraying a

large area of sufficient degree of accuracy is
obtained by measurements of yards or tenths of a
mile; for small areas measurements accurate to the
sixteenth of an inch may be required. Measurements
should be accomplished by the sketcher himself
making the actual measurements while his assistant
verifies all readings. Measurements establishing
the location of a movable object must be based on
an immovable object. While measurements may be
indicated between movable objects to establish a
correlation, at least one set of dimensions must
reach an immovable object.

2. Compass Direction

Compass direction must always be indicated to

facilitate proper orientation of the sketch. The
compass is used to determine “North.” A standard
arrow of orientation will indicated this direction
on the sketch.

3. Essential Items

The sketch should portray those items which

have bearing on the investigation being conducted.
The inclusion of unnecessary detail will result in
a cluttered or crowded sketch and tends to hide or
obscure the essential items. Simplicity is
essential and sketches should be limited to the
inclusion of only relevant material.

4. Scale of Proportion

The scale of a drawing is normally de dependent

upon the area to be portrayed, the amount of detail
to be shown, and the size of drawing paper
available. It is normally advisable to use the
smallest scale practicable. The actual or
approximate scale of a sketch should always be
shown by words and figures, graphically. If a rough
sketch is made, the size of an object may be
approximated as correlated to other objects.

5. Legend

The legend is an explanation of symbols used to

identify objects in the sketch. In sketches
portraying a large area, conventional signs or
symbols may be used. These should be explained in
the legend. If it is necessary to show considerable
detail in a sketch covering a small area, the
various objects may be lettered and an explanation
included in the legend. Excessive lettering in the
sketch generally will result in a crowded sketch
and obscure essential items.
6. Title

The title of the sketch should contain the case

identification, i.e., case file number and offense;
identification of the victim or scene portrayed;
location; date and time made; and the sketcher.
These data authenticate the sketch.

Basic Types of Measurements

There are four basic types of measurements made

at the crime scene. They are as follows:
1. Rectangular Coordinate Method

The simplest way to locate points on sketch is

to give the distance from two mutually
perpendicular lines. If the crime scene is a room,
the objects can be mapped by using two mutually
perpendicular walls as the reference lines.

2. Polar Coordinate Method

A point can also be mapped by giving its

distance from some chosen origin and the direction
angle which the distance line makes with a chosen
axis of reference.

3. Triangulation Method

Two noticeable reference points are selected

and marked with crayon or with pins. All items are
then located by measuring from the item to two
reference points. Do not use long, slender
triangles. Keep the base line short.

4. Plain or Thrust Line Method

An imaginary line is drawn between two

permanent objects. To obtain the measurement, the
investigator starts at one of the permanent objects
and follows the line for a set number of feet, and
then goes at right angles to the right or left to
the object in question.

Cross-Projection Sketch

The normal sketch will show the crime scene in

two dimensions of one plane. When it becomes
desirable to portray three dimensions to allow
better correlation of the evidential facts of the
crime scene, a cross-projection sketch must be
used. This cross-projection sketch of the crime
scene of a room is like a drawing of a cardboard
box whose edges have been cut and the sides
flattened. It is also called, ”exploded sketch”. In
this type of crime scene sketch the walls and
ceilings are pictured as if on the same place as
the floor. This is like drawing a box, the edges of
which have been cut and the sides folded outward,
exposing the sides and top. It should be done by
the investigator when evidences are located either
on the walls or ceiling of the crime scene.

Considerations in Physical Evidence

In giving considerations to physical evidence,

interest and attitude of the investigator are of
paramount concerns. Training and experience will
only be used to best potential when the
investigator possesses a positive attitude. This
human side is significant due to the long hours and
attention to detail often required to investigator
in efficiently and competently discharging his or
her mandated of task of investigating.
Definition of Physical Evidence

Physical evidence may be defined as an articles

and material which are found in connection with an
investigation and which in establishing the
identity of perpetrator or the circumstances under
which the crime as committed or which, in general,
assist in the discovery of facts.

Categories of Physical Evidence

1. Corpus Delicti Evidence

This consists of objects or substances which

are an essential part of the body of the crime. For
example, the stolen object is part of the corpus
delicti of a robbery. The dangerous drug found in
the user’s possession is part of the corpus delicti
in violation of drug laws.

2. Associative Evidence

This kind of evidence links the suspect to the

crime scene or the offense. For example, safe
lining found in a suspect’s shoe may associate the
owner with the crime scene of a safe robbery where
an identified type of lining was found in the
floor. The broken headlight glass found at the
scene of hit-and-run will associate with the scene4
a motor vehicle having glass fragments in broken
headlights that match piecewise. Fingerprints and
shoe impressions are other common examples.

3. Tracing Evidence

These are articles which assist the

investigator in locating the suspect. A laundry
mark, for example, found among his effects may
assist the investigator in tracing a suspect.
Evaluation of Physical Evidence

The following forms of information and skills

will assist his development in this direction.

1. A knowledge of the law of evidence and its

application in court procedure.

2. Ability to recreate imaginatively the

events preceding, during, and after the commission
of crime.

3. An ability to recognize indictors of a

modus operandi.

4. A knowledge of the substantive law

relating to the offense under investigation.

5. A knowledge of scientific laboratory

techniques and the conclusions which may be derived
from their use.

Procedures in Caring for Physical Evidence

In order to introduce physical evidence in

trial three important factors must be considered:

1. The article must be properly identified.

2. Continuity of chain of custody must be

proved.

3. Competency must be proved, i.e., that the

evidence is material and relevant.
Chain of Custody of Physical Evidence

Physical evidence that has been collected must

be safeguarded until the time that the case goes to
court. During the trial, if it is determined that
label are missing, evidence is not properly
initialed, or evidence is otherwise missing or
altered, the physical evidence may be considered
inadmissible, and the case might thrown out. The
total accounting of physical evidence is known as
the “chain of custody.”

The number of persons who handle the physical

evidence between the time of commission of the
alleged offense and the ultimate disposition of the
case should be kept to a minimum. Each transfer of
the physical evidence should be receipted. It is
the responsibility of each transferee to insure
that the evidence is accounted for during the time
that it is in his possession, that is properly
protected, and that there is a record of the name
of the persons from whom he received it, and to
whom he delivered it, together with the time and
date of such receipt and delivery.

Protection of Physical Evidence

The protection of physical evidence serves two

major purposes. First, certain types of physical
evidence, such as latent fingerprints, are so
fragile in nature that a slight act of carelessness
in handling can destroy their value as clues and
remove the possibility of obtaining from them any
information which would further the investigation.
Second, it is necessary that the evidence presented
in court be in a condition similar to that in which
it was left at the time of the offense.
1. Alterations of Evidence

The exercise of a reasonable degree of care and

the use of common sense will usually minimize the
possibility of alteration of the evidentiary
object. Special precautions must be employed with
certain types of evidence such as articles bearing
latent fingerprints. Alterations in the physical
evidence such as contamination, chemical change,
alterations of shapes, removal of a part, or
addition of extraneous characteristics are
attributable to the following causes:

1) Natural Causes

The initial failure to safeguard physical

evidence from exposure to the elements may result
in a determination of the evidentiary value of an
object. During the period of custody, damage from
rain or deterioration from high temperatures may
affect certain types of evidence unless special
precautions are taken. For example, a vehicle which
may bear latent fingerprints should be protected
from rain. A blood sample which is not maintained
under refrigeration may lose some of its grouping
properties on standing in hot weather.

2) Negligence and Accident

Failure to observe the ordinary

precautions for the protection of property may
result in breakage, loss or the acquisition of new
characteristics. Examples of this are the careless
dropping of a fragile article, pointing to an
accidentally marking a document to be used in a
handwriting comparison or opening a box containing
fibers in an area exposed to strong drafts of air.
 3) Intentional Damage or Theft

The investigator must keep in mind that in

criminal cases, there are usually several persons
who would prefer that certain items of evidence did
not exist. Thus measures should be taken to
maintain the evidence secure from destruction,
theft, and, in general, access by unauthorized
person.

2. At the Crime Scene

Physical evidence which is associated with a

crime scene may be exposed to damaging influences
prior to the discovery of its significance.
Consequently all unauthorized persons should be
excluded from the crime scene to prevent their
handling or stepping on objects of evidence. The
number of persons who are subsequently permitted to
enter the scene should be kept to a minimum.
Immediate action should be taken to prevent
exposure of the physical evidence to the elements
where there appears to be a likelihood of damage
form rain, wind, or sun.

3. Receiving Evidence

Where physical evidence is obtained not at the

crime scene of the offense but from some other
source such as an informant or from the possession
of a suspect, the investigator should take the
necessary measures to protect it from any
extraneous contact. For example, if the
investigator, away from his office, comes into
possession of dangerous drug specimen, such as a
deck of “shabu,” he should place it in envelope
rather than put it unprotected in his pocket.
4. Transporting Evidence

Some risk of damage to physical evidence is

incurred in the process of transporting the
physical evidence. For example, in removing bottles
bearing latent fingerprints from the crime scene to
the crime laboratory, there is a danger of blurring
the latent prints by contact with the interior
surfaces of the vehicle or the sides of an improper
container. Similarly if a jar of liquid or a
plaster case is mailed to a crime laboratory
without being properly packaged for protection in
transit, the likelihood of breakage is present.

5. Evidence Not at the Crime Scene

Much of the physical evidence which is

collected in connection with a typical criminal
case is not found at the scene of occurrence.
Physical evidence is often delivered to the
investigator by the complainant or is found in the
course of search of a suspect’s possession.
Moreover, many offenses, particularly those not
involving personal violence, are not associated
with a definite scene of occurrence. The
investigator, therefore, will often receive
evidence in circumstances where he does not have
the papers, envelope, boxes, labels, and other
equipment which he brings to the crime scene.

6. Standards of Comparison

Known specimens to be used as standard of

comparison with the questioned physical evidence
are sometimes needed to aid in establishing a
suspect’s relationship to the crime under
investigation. The character of the articles or
materials to be collected for these comparisons is
determined by the type of investigation being
conducted.
7. Containers and Packaging

Articles which can be removed and conveniently

packaged should be placed in a clean containers
such as envelopes, pill boxes, large cardboard
boxes, and glass containers. The choice of
container will depend upon the size of the
specimen; its fragility; its physical state,
whether solid or liquid; and whether it is to be
transmitted by mail, express or by hand carrying.
Ordinarily, there are two phases of the packing of
physical evidence. The first is the transportation
of the physical evidence from the crime scene or
place of receiving it to the office. Secondly, if
the evidence is to submitted to a laboratory
examination, it must be appropriately prepared for
shipping.

8. Storage

Adequate facilities for storage of physical

evidence should be maintained by an investigative
agency. The physical evidence room should be so
constructed and equipped that physical protection
is assured against alteration or destruction from
natural causes or unauthorized contacts. Changes of
status as to custody of items maintained in the
evidence room should be covered by hand receipt.
Notations of such changes should be made in the
case file.

Preservation of Physical Evidence

In taking measures against deterioration, the

factors of time element and temperature should be
given special consideration.
1. Time Element

In warm weather, there should be a minimum of

delay in placing the evidence in appropriate
storage. Attention should be extended particularly
to organic materials and perishable specimens in
transporting to crime laboratory.

2. Temperature

High temperatures such as 95O greatly

accelerate the decomposition of matter. Similarly,
extreme cold may affect the evidentiary value pf a
specimen. Blood, for example, will loss some of its
values as evidence if it is exposed to high
temperatures for a long period of time or if it is
permitted to freeze solidly. Ideally, the
preserving temperature for blood or other
O O
perishable specimens should between 40 and 50 .

Collection of Physical Evidence

The employment of improper collection

techniques results also in a failure to realize the
full probative value of the physical evidence.

1. Adequate Sampling

A generous sample of the physical evidence

should be collected. The analysis of physical
evidence usually requires the consumption of part
of the physical evidence. The laboratory expert can
make his or her determination with small samples,
but the difficulties increase rapidly as the
quantity becomes smaller. In analyzing physical
evidence, the chemist always endeavors to retain a
quantity of the physical evidence untouched, so
that the court may actually see, and thus
understand the nature of the physical evidence, as
well as acquire some knowledge of its original
appearance.

2. Standard or Known Samples

Clue materials such as stains and other traces,

particularly those available in only small
quantities, are usually found in the presence of a
foreign substance which can affect the analysis. In
cases of this nature, the foreign substance or
background material should also be collected in the
form of tow samples, one bearing the stain or
trace, and the other free from stain. For example,
if the stain is found imbedded in wood or linoleum,
it should be collected by cutting off part of the
word or linoleum. In this way, the analyst can
approach his or her problem with an understanding
of the difficulties he may encounter. A sample of
the unstained wood or linoleum should also be
removed and submitted for the purpose of providing
a control that will enable the analysts to
determine what impurities are contributed to the
stain by the background material.

3. Integrity of Sample

Physical evidence sample should not come into

contact with another sample or with any
contaminating matter. This error most commonly
occurs by initial, superficial comparison of the
known and unknown samples. For example, if a tool
impression is found on the door of the house during
an investigation of a robbery and if a jimmy is
found in association with a suspect, there is a
temptation for the investigator to experimentally
determine whether the blade of the tool fits the
impression by placing the tool against the door.
4. Types of Evidence

The simplest division of physical evidence into

categories is that of portable and fixed physical
evidence. If the physical evidence is readily
portable no difficulty exists. The investigator
simply removes the whole object. For example, if a
fingerprint is found on a cash box, it should be
developed and photographed, and then the box itself
should be brought back to the office or the
laboratory. No attempt should be made to lift the
print. If the physical evidence cannot be collected
separately because of its size, the removal will
often depend on the importance of the case. In case
involving a serious crime, the investigator should
not, for example, hesitate to remove a bedroom door
that bears a good tool impression.

Identification of Physical Evidence

Evidence should be properly marked or labeled

for identification as it is collected or as soon as
practicable thereafter. The importance of this
procedure becomes apparent when consideration is
given to the fact that the investigator may be
called to the witness stand many months after the
commission of the offense to identify an object in
evidence which he collected at the time of the
offense. Indeed, defense counsel may require that
the complete chain of custody be established, in
which case each person who handled the evidence may
be called to identify the object.

1. Marking of Physical Evidence

Solid objects which have a volume of

approximately one cubic inch or greater should be
marked for identification with the initials of the
investigator receiving or finding the physical
evidence. The mark of identification should not be
placed in an area where evidentiary traces exist. A
sharp-pointed instrument such as a stylus should be
used for marking hard objects. Pen and ink can be
used for absorbent articles. Special care should be
employed in marking articles of great intrinsic
value.

2. Sealing of Physical Evidence

Whenever practicable, articles of physical

evidence should be enclosed in separate container.
Pillboxes, envelopes, test tubes, and bottles
containing evidentiary materials should be sealed
in such a manner that they cannot be opened without
breaking the seal. The investigator’s initials or
name, and the date of sealing in abbreviated form
should be placed on the seal in ink.

3. Labeling of Physical Evidence

After the article of physical evidence is

marked and placed in a sealed container, a label
should be affixed bearing identifying case
information. This may take the form of paper pasted
on the container or a tag tied to the object. Thus,
a bullet would be marked with the investigator’s
initials, placed in a pillbox which is then sealed
and initialed and finally labeled by affixing paper
sticker to the box. An alleged “shabu” specimen
would be placed in protective paper and inserted in
an envelope, which would then be sealed. A paper
seal would then be placed across the flap of the
envelope and labeled by inscribing thereon the case
information. A rifle would be marked and then
tagged.
4. Examples of Physical Evidence

In the following typical examples of physical

evidence which may be received or obtained,
suggestions are made for marking and labeling: 1)
documents; firearms evidence, clothing, plastic
casts, and photographs.

Transmission of Physical Evidences

If the transmission to a crime laboratory is

desired, the physical evidence must be carefully
packed to prevent loss or damage. In the absence of
any local crime laboratory facilities, law
enforcement agencies may seek the services of the
NBI Crime Laboratory or the PNP Crime Laboratory.
In communications to the NBI and PNP requesting
examinations, a letter of transmittal should
accompany the physical evidence, setting forth the
essential facts in the case and any information
which can be of assistance to the examiner.

The communications should indicate that the

evidence has not been and will not be examined by
an expert other than one of the NBI Crime
Laboratory or PNP Crime Laboratory. In transmitting
certain types of evidence by mail, cognizance
should be taken of current postal regulations. For
example, the postal service should not be used in
transmitting live ammunitions or flammable liquids.

In some other way, delivering physical evidence

to the crime laboratory is best done in person for
legal and scientific reasons. In the case that this
is not possible, the Philippine Postal Corporation
can be used to deliver the packaged physical
evidence. Proper packing, wrapping, and sealing are
extremely important when evidence is to be shipped.
Methods of Identification

The acquisition of facts to possibly identity

the offenders requires special procedures. People
of different walks of life—all have methods for
obtaining the information necessary to deal with
particular issued confronting them.

Criminal Offenders

1. Motive

From the standpoint of motive, crime may be

divided into two classes. In the first, crimes such
as robbery and theft may have a universal motive
which is—in and of itself—of little value in
furthering the investigation. Those in the second
class, such as homicide, arson, and physical
injuries are more likely to have a particularized
motive, when one is discovered—the connection
between victim and criminal may be deduced.

2. Modus Operandi

An offender’s pattern of operation is called

modus operandi or MO. When collected, stored, and
classified. MO information can assist in the
identification and apprehension of a perpetrator.
Ideally, MO characteristics can identity an
offender. When an individual has an arrest record
and a unique MO is on file, the identification may
occur if the MO is used again and recognized.

3. Psychological Profiling

Occasionally, a psychiatrist is invited to make

an assessment of a crime which is presenting
difficulties. When the specialists are asked: “Who
do a thing like this?,” their answers may provide
direction to the investigation or limits the number
of suspects. This procedure, confined to heinous
crimes or those in which strong emotions were
manifest, has been employed to a limited extent.
Psychological assessment of a crime is called
profiling, its purpose is to recognize and
interpret visible evidence at the crime scene as
indicative of the personality type of the
perpetrator.

4. Evidence in the Crime Scene

Physical evidence brought to the crime scene by

a criminal may yield a clue to his or her identity.
Determining the intended use of particular object
wielded as a murder weapon has investigative value.
The potential value of other foreign object
accidentally dropped or left at the crime scene
hardly needs discussion. Suffice it to say such
clues are not always apparent.

5. Confession

A suspect is often interrogated in the later

stages of an investigation, primarily to ascertain
what happened, and why, from the suspect’s own
mouth. The ultimate results may be a written,
signed confession. A less conclusive result, a
statement which stops short of confession yet
admits to facts from which guilt might be inferred,
is called admission. Such a statement has probative
value, coupled with independent, corroborative
physical evidence or testimony, an admission
against interest may be sufficient to meet the
reasonable doubt criterion the law imposes to the
court.
Victims of Crimes

A victim is at the same time a witness and—like

any other witness—is able to provide information.
By virtue of being a victim, an additional
contribution cam be made, sometimes by suggesting
the name of a suspect and sometimes by speculating
about why he or she was the target. Underlying this
input is motive. Even though a victim is not
always aware of those who were motivated to commit
the crime, such suggestions and speculations may
give direction to the investigator’s efforts. If
blood or hair is found at the crime scene or on the
victim’s clothing, its potential as associative
evidence should be exploited.

Witnesses of Crimes

Discussed hereunder are the ways in which

witnesses would be able to contribute in the
possible identification of the offenders, and as
equally capable as like victims as potential source
of information:

1. Visual Observation

Visual observation is the most frequent methods

of identification contributed by the witness. The
next is auditory in nature; the witness hears
something said or someone speaking. Methods that
are less frequent, but important at times, include
smell, touch, and taste.

2. Describing the Perpetrator

To some degree an eyewitness or victim may be

able to describe the perpetrator to the
investigator. This description can then be
transmitted in three ways to other law enforcement
agencies or the community-at-large for assistance
in arresting the offender.

3. Describing Instrumentalities

Unfortunately, witnesses are often unable to

provide a serviceable description of a motor
vehicle or weapon used in the commission of crimes.
Accurate information would permit the investigator
to alert police personnel on patrol about what to
look for. Once such property is located, it should
be placed in protective custody until examined for
fingerprints or other trace evidence.

Follow-Up Activities

1. Surveillance

Surveillance may be described as the

unobtrusive observation of a person, place, or
thing. A “person” is usually a suspect, or the
relative or friend of a suspect. Anyone, however,
is a potential subject of surveillance—provided it
is reasonable that their activities would furnish
significant information in a criminal
investigation. A “place,” for the investigator is
any location that may become sufficiently
interesting to put under surveillance. A “thing”
worthy of surveillance might include fruits or
instruments of a crime that were hidden for later
recovery. In the last named circumstance, other
investigative measures would have to be employed
first if the perpetrator is to be caught in act of
recovering what was hidden.

2. Police Line-Up

After a suspect has been arrested, a line-up or

identification parade is assembled for the purpose
if having the perpetrator correctly identified by
those who witnessed the crime. At the same time, it
is employed to protect the innocent, a correct
identification eliminating an individual otherwise
thought to be s suspect. A properly conducted line-
up also serves to support an eyewitness concerned
about making a mistake or the ability to make
identification.

3. Neighborhood Canvass

When all clues have been followed-up without

avail and a case holds little hope of solution, a
canvas of the area might be productive. Others use
the term “intensive inquiry” for seeking
information by canvass. Law enforcement agencies
justify neighborhood canvass for two reasons: one,
there is the possibility that someone saw or heard
something which was not reported-perhaps because
its importance is not realized until an inquiry has
made buy the investigator; and two, there is
likelihood of a shock to the security of criminal.

4. Questioning People

In seeking information from people, an

investigator should be aware of two difficulties
which may not immediately be recognized or
comprehended. One is presented by those who are
willing to talk, but cannot recall what was
observed; or, who do not remember anything beyond
the information already provided. The second
difficulty is presented by those who refuse to
talk, or do talk yet withhold what might be of use,
or attempt to misdirect the investigator by
providing time consuming and ultimately
unproductive leads.
Rogues Gallery

All law enforcement agencies require the

photographing and fingerprinting of anyone arrested
for an offense or some of the more serious
misdemeanors. Mug shots—a full face and profile
photograph—are commonly made; a group photograph as
well, when more than one individual is apprehended
for the same crime. A personal description is
recorded: age, height, weight, place of birth,
scars and tattoos, and fingerprints. In addition,
nickname and aliases, as well as any peculiarities
in modus operandi are noted. This information
correlated with the mug shots provides the basis
for an offender’s “Rogues Gallery” file.

Cartographic Sketches and Composite Images

1. Cartographic Sketch

Artists lend their talents for sketching facial

images of the suspect. In one that has proved
successful, the witness described the suspect and
answers questions posed by the artist, who is then
allowed to go to work free from interruption and,
most important, without being observed by the
witness. This prevents the witness from directing
and shaping the artist’s outlines.

2. Composite Images

Composite kits for creating facial images are

commercially available. “Identi-Kit” is well known
in other foreign countries, and the other is the
“Photo-Fit Kit.” Both offer front face and profile
selections for a wide variety of racial and ethnic
origins. As with the Rogues Gallery file, it is
best to allocate a limited number of investigators
to deal with witnesses who are choosing and
assembling facial features to form a composite
image of the offender.