Cri 222 Fund of Criminal Investigation
Cri 222 Fund of Criminal Investigation
Cri 222 Fund of Criminal Investigation
and Intelligence
Course Coordinator: Kirstie Amor V. Cruda, RCrim
Email: .ph
Student Consultation: By appointment
Mobile: 0936-037-9239
Effectivity Date: June 2020
Mode of Delivery: Distance Education
Time Frame: 54 Hours
Student Workload: Expected Self-Directed Learning
Requisites: CRI 222
Credit: 3
Attendance Requirements: A minimum of 100% attendance is required at all
scheduled sessions.
Penalties for Late The score for an assessment item submitted after the
Assignments/Assessments designated time on the due date, without an approved
extension of time, will be reduced by 5% of the possible
maximum score for that assessment item for each day
or part day that the assessment item is late.
3
standards or other reasonable circumstances e.g.
illness, accidents financial constraints.
Re-marking of Assessment You should request in writing addressed to the program
Papers and Appeal coordinator your intention to appeal or contest the score
given to an assessment task. The letter should explicitly
explain the reasons/points to contest the grade. The
program coordinator shall communicate with the
students on the approval and disapproval of the request.
4
Contact Details of the Dean Gina Fe G. Israel, EdD
Email: [email protected]
Phone: 0915 832 5092 / 0909 994 2314
Contact Details of the Program Jun Mark A. Asis, MSCrim
Head Email: [email protected]
Phone: 0938 493 1993
Students with Special Needs Students with special needs shall communicate with the
course coordinator about the nature of his or her special
needs. Depending on the nature of the need, the course
coordinator with the approval of the program coordinator
may provide alternative assessment tasks or extension
of the deadline of submission of assessment tasks.
However, the alternative assessment tasks should still
be in the service of
achieving the desired course learning outcomes.
Help Desk Contact Globe: 0917 466 709
Smart: 09308920005
Library Contact [email protected]
0927 395 1639
CC’s Voice: Hello everyone! Good day! Welcome to this course CRI 222: Fundamentals of
Investigation and Intelligence. As a criminology student it is imperative to gain this
mastery regarding investigation as it is one of the vital job of a law enforcer. Crime
is everywhere, thus, having adequate knowledge about criminal investigation is a
multi-faceted especially in crime problem solving which intelligence analysis in
support to criminal investigations. Fundamentals of Criminal investigation and
intelligence can be imprecise undertakings, often performed in reaction to
unpredictable and still-evolving events with incomplete information to guide the
process. Learning criminal investigation and intelligence maybe difficult but rest
assured it would be worthy. Thus, enjoy while learning this course.
CO As a student of this course you are expected to covers the concepts and principles
of Criminal Investigation including the modern technique in Crime Detection and
Investigation. It also aims to study the concepts and general principles of arrest,
searches and seizure, and the rights of the accused during custodial investigation.
Also focuses on a comparative study of military and police intelligence functions and
operations, types of police intelligence, phases of intelligence cycle; modus operandi
(MO) and order of battle regulations (OBR) system for the identification of criminals
and other threats to national security
Let us begin!
5
Big Picture
Week 1-3: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to
a. Understand the nature and basic concepts and principles of Criminal Investigation
including the modern technique in Crime Detection and Investigation.
b. Familiarize the concepts and general principles of arrest, searches and seizure, and
the rights of the accused during custodial investigation.
Metalanguage
The following are terms to be remembered as we go through in studying this unit. Please
refer to these definitions as supplement in case you will encounter difficulty in understanding the
basic concepts of Fundamentals of Criminal Investigation and Intelligence.
Essential Knowledge
The following are basic concept of Fundamentals of Criminal Investigation and Intelligence
that may be useful for you to understand this field of expertise. The said concepts might be
confusing or difficult as a beginner but at the later part of this unit would be of great help for you to
understand the nature of its existence. Please note that you are not limited to exclusively refer to
these resources. Thus, you are expected to utilize other books, research articles and other
resources that are available in the university’s library e.g. ebrary, search.proquest.com etc., and
even online tutorial websites.
1. Crime. Any act considered as wrong or violates the standard norm of the society. In
legal perspective crime is an act or omission in violation of the law. Here, crime
maybe committed either:
a Committed - is wrong such that the act performed injuries or otherwise deprive the
62
individual of either their lives (killing a person) or property (stealing something).
b Violates - the standard norm meaning the society itself considered the act as a crime.
2. Crime legally and generally an act or omission that violates the law, some terms must
also note as they might be confusing and interchange with the worlds crime such as :
a Felony – these are crimes that violates the Revised Penal Code (Act 3815)
b Offense – these are acts which were defined as crime as a result of the special law
enacted by legislatures.
c Misdemeanor – these are minor violations or infractions not tantamount to serious
injuries or damages.
3. Law. As the system of rule embodied by different principles that binds the practice or
action concerning human conduct. In the eyes of the law, crime can be committed either
:
a Act - perform by the offender that is in contrary or violates the law or
b Omission - which the offender fails to perform certain act as required by law.
7. Investigative Police Power as the capacity of the police to initiate investigation cases
which violates the law.
8. Police with the power to conduct investigation cases, however also constraints their
capability and lengthen the time to finish investigating certain case as the state also
recognizes and protects the fundamental rights of every person subjected to
investigation and the maintain of presumption of innocence.
a Presumption of Innocence every person subjected to a criminal case is deemed
considered innocent unless proven to be guilty beyond reasonable doubt.
b Beyond Reasonable Doubt a principle of the states that a person is guilty based on
moral certainty.
62
c Moral Certainty a sense that the person is guilty base on how the court appreciated
the evidence presented during trial which produces conviction.
d Conviction judgment rendered by the court that accused person is guilty of the crime
charge against him.
10. Admissibility of Evidence. Evidence in any crime incidents dictates the outcome of
the case as a result of criminal investigation as these are the primary source that will
serve as the bases in prosecuting the person who will be held for trial.
In the Philippines, the Revised Rules of Court provides for the requirement as to
how individual evidence will be admitted such that:
Under the law, there are three general classifications of evidence that investigator
must remember such as:
c Object Evidence an evidence which by nature can be brought before the court as
these are the actual materials that are recovered from the crime scene.
d Testimonial Evidence an evidence offered in the form of testimony or those who
have knowledge regarding the commission of the crime.
e Documentary Evidence these are those evidence in document which includes
electronic evidence such as text messages, chat messages, electronic mail and other
evidence which are printable.
f Direct Evidence evidence which directly proves the case under investigation.
g Circumstantial Evidence these are combinations of different events which is
combine maybe produce conviction.
h Corroborative Evidence these are evidence which has a different character form
the one previously offered.
i Cumulative Evidence these are evidence which has similar nature and character to
the one previously offered.
j Positive Evidence an evidence offered by a witness in which he clearly manifest that
an event or scenario exist or did not exist.
k Negative Evidence an evidence offered by a witness in which he is not certain as to
whether an event or scenario exist or did not exist.
l Prima Facie Evidence an evidence offered which may produce a conviction if no
62
rebuttal evidence can be shown
m Rebuttal Evidence an evidence offered to contradict an evidence previously
offered.
Negosa, H and Cano, G., 2019. Fundamentals of Criminal Investigation and Intelligence. Rex
Bookstore, Inc., Quezon City, Philippines.
Let’s Check
Let us try the following activities to check your understanding in this unit.
Activity 1. Identification. In the space provided, write the term/s being asked in the following
statements: (One point each)
9. Are evidences with which have a similar nature and character to the one
previously offered.
62
Activity 2. True or False. In the space provided, write T if the given statement is true and F if false.
(One point each).
1. Special Laws are those law which makes an act as a result of enactment of law as
crafted by the congress in the form of republic acts.
2. There are cases in which a country or its culture dictates whether or not an act is a
crime.
3. In the course of the investigation, all available must be exhausted to prove the guilt that
will be brought before the trial court against the victim.
4. The criminal responsibility of the person who killed someone as a result of vengeance
may shift the blame to the first actor who committed wrong first.
5. Investigators must be alert as there could be someone using the defense to manipulate
and control someone to commit a crime.
6. Moral certainty is subjected to a criminal case that is deemed to be considered innocent
unless proven to be guilty beyond reasonable doubt.
7. Crime Scene is a simply the area where the crime took place and where all physical
evidence were gathered and collected.
8. Evidence must be competent to the matter under investigation if it has a logical
connection to the fact in issue brought before the court.
9. Circumstantial evidence are those combinations of different events which is combine
maybe produce conviction.
10. Prima facie evidence is an evidence offered which may produce a conviction if no
rebuttal evidence can be shown.
Let’s Analyze
Let us try the following activities to know how deep your understanding about the topics of
this unit.
62
__________________________________________________________________________
2. Does the definition of the term crime vary from place to place? Elaborate.
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
In a Nutshell
In this part you are going to jot down what you have learned in this unit. The said statement
of yours could be in a form of concluding statements, arguments, or perspective you have drawn
from this lesson. I have indicated my arguments or lessons learned.
1. The study of criminal investigation is indeed vital in becoming a quality law enforcer. Hence, it
is imperative that criminology students must have a strong foundation regarding basic
62
principles in criminal investigation as it will be one of their guiding tool in their future profession.
2. Criminal Investigation requires a lot of expertise especially in the field of scientific aspect as it
is very necessary in proving that evidences are of value once it is being presented in the court.
1.
2.
3.
4.
5.
62
Big Picture in Focus: ULOb. Describe what is criminal
investigation as well as its phases and procedures and finally,
explain what is arrest and the rules in making arrest and how it
is executed.
Metalanguage
The following are terms to be remembered as we go through in studying this unit. Please
refer to these definitions as supplement in case you will encounter difficulty in understanding the
basic concepts of Fundamentals of Criminal Investigation and Intelligence.
Essential Knowledge
Before we proceed further with the study of fundamentals of criminal investigation and
intelligence, it is highly important to provide evidence to prove the guilt of the perpetrator during
criminal proceeding. As investigator, you play an important role in the success of criminal
investigation.
1. Criminal investigation takes the following stages to ensure the success of the case
being handles namely :
Identify perpetrator – it is important in the first part of investigation to
recognize as to who is the perpetrator of the crime.
Locate his/her whereabouts – after identifying perpetrator, the next step is to
trace his whereabouts, which includes but is not limited to his place of
residence, workplace and hangout.
62
Provide evidence needed for his conviction – investigators must remember
the rules in handling evidence so as to maintain its integrity starting from the
crime scene up until during court presentation.
2. Role and Qualities of the Investigator. Investigators play an important role in the
success of the criminal investigation concerning the crime and later on give testimonial
evidence in court. As such, they should possess the following qualities to become an
effective investigator :
a. Good communication – this refers to the capability of the investigator to interact
both written and oral.
b. Active listener – this refers to the ability of the investigator to attentively hear the
testimony given by the witness and able to identify the hearsay statements or false
statements.
c. Critical thinking – this refers to the analytical skills of the investigators while he
formulate judgment based on the testimonies given by the witnesses and evidence
gathered in the course of the investigation.
d. Work Under pressure – refers to the capacity of the investigators to go through the
investigation process despite of obstacles and hindrances that he may encounter such
as but not limited to lack of resources, inadequate investigative
e. Innovativeness – this refer to the flexibility and resourcefulness of the investigator
in trying to uncover the identity and location of the perpetrator.
f. Integrity – refers to the honor and honesty of the investigator in solving the case and
avoid unethical issues that will discredit his image.
g. Knowledge about rules on evidence – refers to the knowledge of the investigator
about the evidence handling which incudes but not limited to preservation, marking,
tagging, and packaging.
4. Corpus delicti refers to the body of the crime or the fact that the crime was committed.
The following example illustrates the corpus delicti of the crime :
a. Dead body in case of murder or homicide case;
b. The stolen property in theft robbery case or;
c. The deprivation of liberty of any person in case of kidnapping and serious illegal
detention.
8. Methods of identification refers to the ways and means employed to uncover the
personality of the person who may have committed an act in which under the existing
law is regarded as a crime. The identity of the person suspected to have committed a
crime can be established mainly through the following :
a. Identification by witness – the identity of the perpetrator is established through an
eye-witness or person who have seen the perpetrator in the actual commission of the
crime or his presence was seen in the crime scene or immediate area where the crime
took place.
b. Identification through Physical – the identity of the perpetrator is established
through the collection of physical evidence that has logical connection to the case which
could either be associative or tracing evidence. This two differ such that:
Associative evidence – these are those materials owned and can be linked to
the perpetrator which by some instance was left at the crime scene.
Tracing evidence – these are those materials taken by the perpetrator at the
crime scene and the most commonly found in theft or robbery cases.
c. Identification through Forensic Science – this method is done through the aid of
the expertise of different forensic services such as DNA, fingerprint, Odontology
and the like.
62
9. Under the Revised rules of Court, the law further classify witness either :
a. Ordinary witness – these are those witness who may be allowed to testify regarding
the following:
About the identity of the person whom he had knowledge
Handwriting of the person of which he had familiarity
Mental sanity of the person whom he had acquainted.
b. Expert witness – are those witness who by reason of their knowledge, skills,
straining or experience may be allowed by the court to give their opinion.
10. Producers In Criminal Investigation. As a general rule, all crime scene investigation
must be done by the police station who has the territorial jurisdiction of the crime
incident unless otherwise specified by higher authorities to be investigated by some
other unit or agencies and must be recorded in the official police blotter.
Territorial jurisdiction means that the crime incident happen within the area or place
that a certain police station hold or cover. Police station moreover refers to the office of
local police that has a jurisdiction within the area and exercise control over the
community and persons movement by enforcing the laws necessary for the
maintenance of peace and order. The same is responsible in providing immediate
response community as the need arise.
11. In the process of investigation, crime scene must be preserved as it contains the
essential ingredients surrounding the commission of the crime. In the event that a crime
happen, it reaches the attention of the police through:
A concern citizen who witness the crime incident;
An accidental discovery of some citizen; or,
The action itself of the police offer in patrol.
12. Those who are in patrol are commonly regarded as the first responder as they are those
who are employed in the community with the end purpose of crime prevention. As part
of their duties, first responder must do the following;
Proceed to crime scene and validate information regarding crime incident;
Record all relevant facts and the time of arrival at the crime scene;
Cordon the area-meaning isolate the place so that unauthorized persons
cannot enter the scene or the suspect cannot destroy the evidence;
Identify possible witness and do the preliminary interview if feasible.
Arrest suspects/ if they are around or recommend for the conduct of dragnet
operation an operation conducted to seal off possible exits of the suspects.
Be ready to take dying declaration of injured person. A dying declaration is
a statement made by person who is under the impending death in which
such declaration is related to the facts in which the person is competent to
testify.
Evacuate wounded person and account killed, wounded or arrested person
Conduct initial investigation and briefing of investigator
Conduct initial inventory of all possible evidence at the crime scene which
must be signed by him, the SOCO and by the investigator.
13. Investigating team refers to the group of police personnel charged with the
investigation and processing of the crime scene which includes but not limited to the
search, collection, marking, tagging, preservation, and transfer of evidence.
Investigating team is composed of the following:
62
Team leader
Investigator
Photographer
Evidence custodian and;
Artist
15. Crime scene processing must reconsider the necessary steps in order to collect all
available evidence and maintain the integrity of the crime scene by remembering “MAC”
rule which simply stand for :
Mutilate do not remove anything from the crime scene
Alter do not change anything in the crime scene
Contaminate do not add anything to the crime scene.
16. Investigating team must remember that nothing should be touched, altered or removed
unless everything is photographed, noted, measured and indicated in the sketch as
these are the golden rule in the processing of crime scene. They should also take into
consideration those transient and fragile evidence.
a. Transient evidence – those evidence which when not collected at
appropriate time may diminish or lost its value such as urine, blood, semen
etc. on the other hand.
b. Fragile evidence – are those evidence which may be broken if collected
inattentively
17. Methods of Search. Crime is unique with respect to one another which means that the
search for an individual object should be based on the physical characteristics f the
scene in order to collect all possible evidence present in the area. Therefore,
investigating should be careful in selecting the best method of search that will
correspond to the present crime scene.
19. In the conduct of crime scene search, the following methods may be employed based
on the physical characteristics of the place such as strip method, double strip method,
spiral method, zone method and wheel search method.
20. Strip method it is done through following a straight line in an area. Upon reaching the
end, the searcher turn and follow again a straight path but parallel to the first path he
take.
21. Double strip method is almost similar with strip methods. After the entire area is done
searching using strip method, the searcher will again start another process but this time
at the other side at right angles from where started.
22. Spiral method is done when the area to be search is circular in nature. The searcher
may start either form the center or outside although commonly searcher usually starts
form the outside following a circular shape until they finish searching the entire area.
62
23. Wheel method is also application in circular areas similar with the spiral method.
However, the searcher starts in the center and is best applicable only when there are
plenty of searchers.
24. Zone method is the best applicable in crime covering a wider range. In this method,
the crime scene is divided into 4 quadrants and the searcher may select what type of
search should be done in each quadrant.
62
25. Marking, Tagging and Collection of the evidence. After search of an evidence,
collection follows. Any found must be properly marked, tagged, photographed,
measured, and indicated in the sketch before its actual collection.
26. Marking of evidence refers to the process of identifying and recognizing ay objects in
the crime scene by way of placing letter symbol or number.
27. Tagging of Evidence is the process of labeling the physical evidence by way of placing
the appropriate evidence tag containing the description of the item, the date and the
initial of the collecting officer.
62
28. Collection of Evidence refers to the actual gathering and lifting of evidence from the
crime scene to the custody of appropriate office.
29. Photograph the crime scene in processing the crime scene, investigating team must
consider the proper taking of photographs and the making of sketch. Photographs
should depict the actual scenario of the crime scene and portray the proper placement
of the individual evidence.
30. In taking of photograph, investigating team must consider the following angle/views to
property appreciate the crime scene such as :
a. General View
b. Medium View
c. Close-up View
31. General View these are taken outside of the crime scene purposely to show location,
direction and the place of crime incident.
62
32. Medium View these shots are taken to show the different division of the crime scene
as this view allow investigators to clearly see the nature of the crime committed.
33. Close – up View these shots are done to individual evidence to show what constitutes
the crime and how it was committed.
62
34. The following guidelines also in line with taking photographs must be noted by the
investigating team such as:
a. Don’t forget to take overall photos of the scene which includes, streets signs,
location, near the crime scene and identifying objects,
b. Pictures of every rooms must be taken though they are not apparently connected
to the crime scene
c. Photograph must be taken from at least 2 opposite corners but 4 corners is better
d. If possible, take photos form above or ceiling to avoid the possibility of missing any
evidence and
e. Keep a photo log during crime processing
35. In line with sketch, the artist should be able to draw and portray the crime scene. The
same must remember the elements of the sketch which includes the following :
a. Title – this includes basic information regarding the case such as the nature of the
crime
b. Measurement – pertains to dimension and the distance of the relative object to one
another
c. Essential items – refers to the pieces of physical evidence found at the crime
scene.
d. Legend – use numbers and words to present an item
e. Compass direction – north direction of the sketch
f. Scale proportion – presentation of the sketch actual size of the scene.
36. The artist must also prepare a rough sketch and finish sketch. Rough sketch drawn by
the artist at the crime scene containing all the necessary details regarding the crime.
Finish sketch drawn by the artist for court presentation and is commonly done in the
office.
37. Sketcher must take note also the type of sketch drawn above :
a. Floor plan
b. Elevation sketch
c. Exploded view sketch
d. Cross projection sketch
62
39. Elevation plan a type of sketch drawn to show the given side of the area.
40. Exploded view sketch a type of sketch drawn to show the given side of an area
62
41. Cross projection sketch a type of sketch wherein the ceiling and/or walls are flattened
all out in the ground.
42. To aid the investigators in measuring individual evidence with respect to any other
objects in the crime scene, the following methods should be considered and must be
used on the physical characteristics of the crime scene:
a. Rectangular method – find fix post at a right angle to serve as the base
b. Triangulation method – find two fix pints to the evidence that must be plotted or
located.
44. Chain of custody in every crime scene investigation should be maintained at all cost as
any inconsistencies in the handling of evidence may result to the incompetency of the
same resulting to its in admissibility during court presentation.
45. Chain of custody is defines as transfer of evidence form one person who holds
supervision or care of such evidence to another person from the time it was gathered
at the crime scene up to the time it will be presented in court.
46. The following should be noted in adherence to the standard procedures in maintaining
the chain of custody such as :
a. Proper recording of areas or location from which evidence was gathered
b. Proper marking of evidence for accurate identification and
62
c. Completing the evidence submission form for laboratory analysis.
47. Release Of The Crime Scene define as discharge of the crime scene form the custody
of authorized law enforcement officer to the lawful occupant, owner or any person who
is charge with the responsibility and management of the place where the crime
happened.
50. The stages should be observe to arrive at a more convincing explanation as to how
crime was committed :
a. Appreciation the process of recognizing potential physical evidence that has or
may have evidential value and separate it from those items which are not significant
in the progress of investigation.
b. Comparison is the process of comparing group of standards from the one collected
in the crime scene to establish its identity.
c. Individualization this involves the process of establishing the uniqueness of the
physical evidence taken form the crime scene; and
d. Reconstruction is the final stage undertaken in order to fully reconstruct the crime
considering all related factors such as crime evaluation, laboratory results,
individuality of physical
51. Crime scene re - enactment the process of re -enacting and portraying the crime
incident base on the knowledge regarding the event.
62
Self-Help: You can also refer to the sources below to help you further
understand the lesson
Negosa, H and Cano, G., 2019. Fundamentals of Criminal Investigation and Intelligence. Rex
Bookstore, Inc., Quezon City, Philippines
Let’s Check
Let us try the following activities to check your understanding in this unit.
Activity 1. Identification. In the space provided, write the term/s being asked in the following
statements: (One point each)
62
9. Refer to the information gathered from people especially those who are
Let’s Analyze
Let us try the following activities to know how deep your understanding about the topics
of this unit. At this juncture, you will be required to ELABORATE your answers about the
following questions:
1. What will you do to know that the person had actually witnessed the commission of a crime?
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________
3. As a first responder, what is the initial step that must be done to secure the crime scene?
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________
62
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________
In a Nutshell
The importance of identifying the physical evidence regarding the crime committed. In this
portion of the unit, you will be required give what kind of physical evidence is provided on specific
situation.
2. Stolen property
62
Big Picture in Focus: ULOa. Understand the importance of
profiling in Modus Operandi and arrest and its rules in making
arrest and how it is executed in dealing with criminal
investigation.
Metalanguage
The following are terms to be remembered as we go through in studying this unit. Please
refer to these definitions as supplement in case you will encounter difficulty in understanding the
basic concepts of Fundamentals of Criminal Investigation and Intelligence.
Profiling define as the psychological process of establishing the characteristics of the most
likely individual who might committed the crime base on the evaluation of the crime scene.
Arrest is taking of a person to have committed an act to which the law define it as a crime
into custody of any law enforcement agencies who has the authority to do so to answer
62
queries in line with matters concerning the commission of the crime.
Warrant of Arrest define as a document from court ordering and directing any law enforcer
to apprehend and detain any person whose name will appear in the warrant for him to
answer matters regarding the commission of a crime.
Essential Knowledge
The following are terms to be remembered as we go through in studying this unit. Please
refer to these definitions as supplement in case you will encounter difficulty in understanding the
basic concepts of criminal investigation.
2. Profiling define as the psychological process of establishing the characteristics of the most
likely individual who might committed the crime base on the evaluation of the crime scene.
5. Arrest is taking of a person to have committed an act to which the law define it as a crime
into custody of any law enforcement agencies who has the authority to do so to answer
queries in line with matters concerning the commission of the crime. It is define as the of taking
person into the custody of law in order that he may bound to answer for the commission of
the offense ( Section 1, Rule 113).
62
6. Warrant of Arrest, in the course of the investigation, if the identity of the person suspected to
have committed a crime was already establish and the evidence of guilt pointing him/her as
the perpetrator of the crime is strong then investigators should secure a warrant in order to
arrest the person.
6.a Warrant of Arrest define as a document from court ordering and directing any law
enforcer to apprehend and detain any person whose name will appear in the warrant for
him to answer matters regarding the commission of a crime. Any person suspected to
have committed a crime can only arrested after securing a warrant.
7. Warrantless Arrest define as the arrest made by any law enforcer without the benefit of a
warrant. Arrest without warrant is possible by the following circumstances :
8. Inquest define as the informal and summary investigation conducted by public prosecutor in
a criminal case involving the arrest without the benefit of a warrant.
9. Rules in Making Arrest. In making arrest, the Rules of Court provided the following
guidelines such that:
It must be noted that in the event of arresting the suspect allegedly to have committed
62
a crime, the person making the arrest should observe:
10. Execution of a warrant simply means as carrying out the duty to find the person whose name
was written in the warrant and cause his arrest and detention.
9a. In executing the warrant, the following should be observed:
11. The person making the arrest shall proceed the arrest even without informing him the cause
of arrest provided the following :
The person flees
The person forcibly resist and,
It will hamper successful arrest of the person
12. Custodial Investigation and Detention. Any person arrested and brought before the custody
of the law is presumed innocent until proven guilty. Thus, a person has the same right as any
ordinary individual in order to protect the interest of an ordinary individuals as well as prevent
any abuses form law enforcers. These rights must be observe as any violations may result to
dismissal the case.
13. In the Philippines, the right of the person arrested is originally define under the Bill of Rights
of the 1987 Phil. Constitution ( Section 12, Art. III).
14. In addition to above rights, the state enacted the statutory law Republic Act 7438 which
provides further process of obtaining confession to any person under custodial such that:
62
16. Extrajudicial confession is a confession made by arrested or detained person while under
custody of law and is done outside the court.
17. Custodial investigation Report is the document prepared by the confession of the person
brought before the custody of law.
19. In relation to arrest, any person arrested without the benefit of a warrant ( warrantless arrest)
shall be release subject to the gravity of the offense he is suspected to have committed such
that :
Self-Help: You can also refer to the sources below to help you further
understand the lesson
Negosa, H and Cano, G., 2019. Fundamentals of Criminal Investigation and Intelligence. Rex
Bookstore, Inc., Quezon City, Philippines
Let’s Check
Let us try the following activities to check your understanding in this unit.
Activity 1. Identification. In the space provided, write the term/s being asked in the following
statements: (One point each)
1. A composite drawing of the suspect face done by an artist to assist police
investigators in establishing the identity of the person who might have committed the crime.
2. It is the issuance of an invitation to the person suspected to have
committed a crime who at the same time brought before the custody of law in order to answer
matters regarding the commission of a crime without jeopardy to the liability of the person for any
violations he may commit.
3. An arrest made by any law enforcer without the benefit of a warrant. A
62
4. Refers to the psychological process of establishing the characteristics of
the most likely individual who might committed the crime base on the evaluation of the crime
scene.
5. Refers to the compilations of photographs of known criminals.
6.) It is a crime against the fundamental law committed by any public officer
or employee.
7. The person who take charge of the responsibility and control in handling
disposal of evidence.
8. Known as the transfer of evidence from one person to another who holds
supervision or care of such evidence.
9. A document prepared by the confession of the person brought before
the custody of law.
10. It is carrying out the duty to find the person whose name was written in
the warrant and cause his arrest and detention.
Let’s Analyze
Let us try the following activities to know how deep your understanding about the topics of
this unit. At this juncture, you will be required to ELABORATE your answers about the
following questions:
1. How does rogues gallery aids in establishing the modus operandi of criminals and/or criminal
syndicate?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
62
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
________________________________________
In a Nutshell
The importance of conducting legal arrest in accordance with the law to ensure that the
arrest made is in proper. In this portion of the unit, you will be required give the effect of making
an invalid warrantless arrest to the following conditions.
62
2. The police officer?
62
Big Picture
Week 4-5: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to
Metalanguage
The following are terms to be remembered as we go through in studying this unit. Please
refer to these definitions as supplement in case you will encounter difficulty in understanding the
basic concepts of Fundamental of Criminal Investigation and Intelligence.
Information any data gathered in the course of investigation which will serve as a
foundation in solving the case.
Field Inquiry simply means as the general questioning of all people present in the cirme
scene.
Interview a form of questioning among person having knowledge regarding the commission
of the crime.
Interrogation a questioning style which involves the use of strong appeal or aura in order
to gather information among persons who may have direct involvement of the crime.
Confession define as the direct acknowledgement of the suspect with respect to his
participation concerning the commission of the crime.
Admission define as the acknowledgement only of come element of the crime and is not
tantamount to confession.
Intelligence
62
Essential Knowledge
2. Rule in Interview. Gathering information is relevant to the case does not only include
the skills and competency of the investigator but as well as the proper and timely
preparation in doing interviews. Some of these important things that investigators must
be remember are as follows :
a. Case review investigators must review relevant facts about the case.
b. Build Rapport this means that investigator needs to communicate properly
and bring the interviewee to attention in establishing good communication.
c. Simple question investigator should not allow the interviewee to be confuse.
d. Avoid Implied answer this means that investigators must not allow a question
answerable by “yes or no”.
e. Avoid leading questions avoid leading questions as this will allow the
interviewee to focus only to matters.
f. Don't ramble this simply that investigators should not ask question at a time.
g. Good closure this means that investigators must be courteous and kind to the
interviewee.
62
questioning and eliciting relevant facts necessary for the conviction of the suspect.
Some of these techniques are :
a. Strong approach interrogator projects a hostile personality toward the subject
to create anxiety and fear in order to confess.
b. Friendly approach interrogator manifest a sign of friendliness and other help
toward the subject.
6. In order for a confession to become valid, the following requirements must confer such
that :
1. The person making the confession must be appraised of his constitutional
rights as provided by the Miranda doctrine but that the right to remain silent
and anything he will say can used against him, and be provided with an
independent and competent counsel.
2. If the person making confession waive his right, it must be done upon a valid
waiver with the assistance of counsel. Waiver refers a document signed by
the person making the confession renouncing all his rights as provide by the
constitution; and
3. There was no third degree use. Third degree simply means as the use of
physical force, intimidation, threat, or any other similar means done to obtain
confession.
7. Miranda warning need not be applied in cases where the confession was done to
obtain confession was done voluntarily such that :
1. The person was running to the police station and suddenly spoke out that he
killed a person;
2. The person who subjected to for fingerprinting or be taken handwriting sample
or doing lineup for sobriety test;
3. Field questioning or in the crime scene
4. Roadside questioning or any traffic stops or;
5. Any other minor violations.
8. Intelligence.
8a. Information is define as accusation in writing, charging a person with an
offense, subscribe by the fiscal and files in court. In connection to intelligence,
information is simply the “raw data “. In contrast with information, intelligence refers to
collated, analyzed and evaluated information appropriately acquired for particular
purpose.
9. Sources of Information is the network of data which can be linked or grouped in order
to obtain a concrete and reliable information based on the prevailing need arises.
Some of these common sources are :
9a. People as source of Information
1. Regular source these are information gathered through people who have
come directly to the attention of the police commonly the complainant, witness or
victim.
62
2. Cultivated source these are information generally taken through the use of
informant or informer.
3. Grapevine source these source of information are gathered from those who
are in the underworld criminals.
9b. People as source of Information
1. Regular source these are information gathered through people who have
come directly to the attention of the police commonly the complainant, witness or
victim.
2. Cultivated source these are information generally taken through the use of
informant or informer.
3. Grapevine source these source of information are gathered from those who
are in the underworld criminals.
10. Types and Motives of Informant. Technically, the term Informant refers to any
person who possess knowledge regarding the crime, criminal syndicate or ongoing
criminal activity and provides information with the police with or without consideration.
The term Informer refers to most specifically to those person who are recruited or hired
and paid in a regular basis just to provide information. Below are the types of informant’s:
1. Anonymous these are unidentified or unknown informants and usually
provides information to the police through telephone or cellphone.
2. Double Crosser these are those informants who provides information
in order also to gain information form the police
3. False Informant these are those informants who provides false
information without bases.
4. Frightened Informants an informant who provides information due to
panic and anxiety.
5. Legitimate these are those informant who provides information
voluntarily to the police.
6. Mercenary these are those informant who provides information
exchange for a reward whether for money
7. Self – Aggrandizing an informant who provides exaggerated information
to the police in order to gain advantage or attention.
8. Women these are the most dangerous and difficult type of informant
against male
11. Common motive of information such as :
1. Civic mindedness informant provides information as a sense of duty and
obligation to assist the police.
2. Fear the person gives information due to oppression by enemies or other
impending danger.
3. Gratitude or Gain informant provides information to obtain a privilege
towards the welfare of his family.
4. Jealousy informant is push to provide information due to his resentment
to the accomplishments or possessions of another.
5. Remuneration a person informs the police for some pecuniary or other
material gain he is to receive.
6. Repentance the informant provides information as a sign of regret for
what he has previously done.
7. Revenge vengeance or retaliation is the sole purpose of the person
providing information to the police.
8. Vanity the person wants to gain favorable attention and importance form
the police.
62
12. Legal Limitations in Obtaining Information. To protect the privacy of an individual citizen ,
the law prohibits certain police actions such the following :
1. Republic Act 4200 ( Anti – Wire Tapping) following acts are prohibited:
a. Tapping any wire or cable
b. Using any other device or arrangement;
c. To secretly overhear, intercept, or record
d. Private communication/conversation
e. Without the knowledge or consent of the parties.
2. Republic act 10173 ( Data Privacy )
a. Unauthorized processing of personal information
b. Accessing personal information due to negligence
c. Improper disposal of personal information
d. Processing of personal information for unauthorized
e. Unauthorized access or intentional breach
f. Malicious disclosure
g. Unauthorized disclosure
13. Characteristics and Context of Intelligence. Intelligence is used primarily to crack down
organized crime, defend from enemy attacks and aid in the progress of either covert or overt
operation. Overt investigation simply means as operation conducted openly .Covert
investigation in contrast it is an open operation conducted in clandestine manner. Clandestine
simply means as secret.
14. Apart from that, take note that intelligence should possess the following characteristics as it
serves its purpose. As a whole, any operation or activity might be jeopardized.
15. Scope of Intelligence. Intelligence covers a wide range of areas in its application. It might be
a network of information concerning national police and national security which is known as
National Intelligence. It could also be collected, analyzed, collated and evaluated information
concerning criminal investigation, criminal syndicate, organize crime or other police problems
which is known as Police intelligence. Those information regarding military activities which
is essential to the different military operations is known as Military Intelligence. Lastly, the
Departmental Intelligence refers to information needed by all department agencies in the
execution of government plans and programs.
62
Internal Security Intelligence (INSINT) refers to the knowledge
essential in the maintenance of peace and order.
Public Safety Intelligence (PUSINT) refers to the knowledge essential
in ensuring the protection of lives and properties.
17. Strategic Intelligence information which primarily a long range in nature with little practical
immediate.
18. Line Intelligence which is of an immediate nature and necessary for more effective police
planning and operation.
62
20. Counter Intelligence Intel covering the activity devoted in destroying the effectiveness of
hostile foreign activities and protection of information against espionage, subversion and
sabotage.
21. Counter Intelligence it is a type of intelligence employed to protect the interest and safeguard
the property and important information against possible entry or infiltration of enemy forces
being lost, destroyed or stolen.
22. This is also the phase of intelligence covering the activity devoted in destroying the
effectiveness of hostile foreign activities and the protection of information again the following
:
62
3. Sabotage refers to the stealing of properties or destruction of any material
in order to hamper or cause delay in the preparation or regular working
duties.
62
24. Military Security it encompasses the measures taken by a command to protect itself against
espionage, enemy operation, sabotage, subversion or surprise.
25. Port Frontier and Travel Security has to do with the application of both military and civil
security measures for CI control at point of entry and departure, international borders or
boundaries.
26. Civil Security it encompasses active and passive CI measures affecting the nonmilitary
nationals permanently or temporarily.
62
27. Censorship controlling the movement of different person particularly those who are expected
to destroy the government institution and projects.
62
29. In the field of Counter intelligence (CI) Operation, it could be Counter Human Intel, Counter
imaginary Intel of Counter Signal Intel.
28a. Counter Human Intel (HUMINT) seeks to overcome enemy attempts to use
human source to collect information or to conduct sabotage and subversion.
28b. Counter Imaginary Intel (IMINT) are actions such as surveillance radar,
photo thermal and infrared systems and rely heavily on pattern and movement
analysis and evaluation of the enemy.
28c. Counter Signal Intel (SIGNT) determines enemy SIGINT and related enemy
weaknesses, capabilities and activities, assess friendly operations to identify
patterns, profiles and develop, recommend and analyze countermeasures.
30. In providing protection to vital information, the type of counter intelligence that could be
utilized is either through passive or active measures.
a. Passive measures those measures, which seek to conceal info from the
enemy.
b. Active Measures are those measures, which seek actively, block the enemy’s
efforts to gain info or engage in espionage, subversion or sabotage.
31. Intelligence Cycle define as the process of obtaining information which Iand includes proper
procedure sequence of steps starting from planning, collection, collation, and the
dissemination of information to appropriate person. Mission the purpose why intelligence
should be gather and use for particular undertaking
32. Planning define as the process of determining the extent and scope of the needed
preparation which includes the supervision of the collection of information and other
requirements base on the standard priorities.
34. Collection Phase. In collecting information, the following factors should be considered such
as:
1. Who will collect the information?
2. What information will be collected?
3. Where are the places whereby information shall be collected?
4. When is the right time to gather the information?
5. How the information shall be collected
6. Why this information should be collected?
36. Collation Phase. In collation stage, all collected information will undergo the following :
1. Recording refers to the systematic sorting of all documented information and
present them either in writing or some other form of presentation so that they can
be analyze and studied for future action.
2. Analysis collected information is break into different components and isolate
those that are relevant to the mission or those intelligence value which includes
looking into the source of information, truthfulness of information and who
provides the information.
3. Evaluation refers to the assessment of information done to determine the
reliability of the source and providing judgment in line with accuracy.
4. Integration is the combination of all those isolated information from various
sources to produce a new information necessary for the success of the mission.
5. Interpretation is the process involved in providing meaning and significance of
the new information
6. Synthesis provide conclusion based on the new information generated in
relation to the current situation.
62
37. Reliability and accuracy Table .
38. Dissemination Phase. Dissemination refers to the actions taken to transfer processed
information to appropriate persons.
Self-Help: You can also refer to the sources below to help you further
understand the lesson
Negosa, H and Cano, G., 2019. Fundamentals of Criminal Investigation and Intelligence. Rex
Bookstore, Inc., Quezon City, Philippines
Let’s Check
Let us try the following activities to check your understanding in this unit.
Activity 1. Identification. In the space provided, write the term/s being asked in the following
statements: (One point each)
1. This is the element of investigation necessary for gathering and
collection of data to include its progress as it moves forward in solving the case.
2. Refers to any person who possess knowledge regarding the crime,
criminal syndicate or ongoing criminal activity and provides information with the police with or
without consideration.
3. An informant who informs the police for some pecuniary or other material
gain he is to receive.
62
4. These are those informants who provide information in exchange for a
reward whether for money or any other consideration.
5. A type of intelligence that is long range in nature and requires longer
period of time before being materialized and fully available.
6. A type of intelligence employed to protect the interest and safeguard
lives, property and important information against possible entry or infiltration of enemy forces from
being lost destroyed or stolen.
7. A stealing of vital information either physical or in electronic form.
8. Define as the clandestine or secret observation of persons, places or
objects acquire valuable information.
9. It is the manner how the collecting agency gathered acts or works for a
particular purpose in order to determine the needed security
10. The process of determining the extent and scope of the needed
preparation which includes the supervision of the collection of information and other requirements
base on the standard priorities.
Let’s Analyze
Let us try the following activities to know how deep your understanding about the topics
of this unit. At this juncture, you will be required to ELABORATE your answers about the
following questions:
2. What do you know about counterintelligence? And how does it help in police operation?
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
62
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________
3. What do you think are the areas covered by intelligence? Or areas in which intelligence is use?
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________
In a Nutshell
The significance on applying the type (passive or active) and concept (detection,
prevention, neutralization) of counterintelligence is shown below:
1. Backgroung investigation
62
Big Picture in Focus: ULOa. Understand the importance of
conducting undercover operation and to generate the procedure
in line with the conduct of surveillance. Discuss the purpose of
cryptography in investigation and apply the science of ciphers
and cryptology.
Metalanguage
The following are terms to be remembered as we go through in studying this unit. Please
refer to these definitions as supplement in case you will encounter difficulty in understanding
the basic concepts of Fundamentals of Criminal Investigation and Intelligence.
Essential Knowledge
Undercover operation is very vital in criminal investigation. Collecting additional
information about the person or to places is necessary in the conduct of investigation, surveillance
may be conducted. It is acquire to necessary inputs from particular places or person that might
possess valuable information. With this regard, all information should be sent with accompanying
security measures and this could be done with the aid of cryptography.
62
1b. Cover story a biographical data through fictional, which will portray the personality
of the agent he assumed.
1c. Cover support an agent assigned at target areas with the primary mission of
supporting the cover story.
3. Undercover operation is otherwise known as roping although most of the time it refers to the
surveillance of certain activities or events. Undercover operation is composed of the following
:
a. Head the person who directs the organization conducting the undercover operation.
b. Target pertains to any person, place or things against which the undercover
operation is to be conducted.
c. Agent refers to a person who conducts the clandestine laboratory.
6. It must be noted that undercover agent must be very cautious at all times as any failure in this
operation might cost his life. Be reminded the following while conducting undercover
operations :
8. Types of Surveillance.
b. Close tail or tight tail this tailing is employed when it is extremely important not
to lose the subject and a constant surveillance is needed. Close tail is very
useful when :
62
The subject will commit a crime
There is a need to know the subject’s exact habit; and
Subject’s activities are necessary to another critical operation.
c. Loose tail refers to the tailing commonly employed if the surveillant wants to
remain undetected. This tailing could be used best when :
Surveillant needs the general information about the subjects and
Surveillant needs to know the subject’s activities or associates.
1. Follow the subject but not close. Distance that is enough for you to see the subject
but not too far to lose the subject.
2. If the subject turns, you either follow his path or cross to the other side whichever
you think is practicable in the situation.
3. Make a good decision as to where the subject will be going.
4. Do not wear any apparel or clothing that are obvious or can caught the attention of
the subject.
5. Take photographs if possible especially those contacts
6. For photographic guidance, see Figure 7.
62
11. Procedures to Conduct Three Man –Shadow.
1. The first surveillant (A) should follow the subject while the second surveillant (B) follows
the firs surveillant. The third surveillant (C) is in the same way where the subject is
going but on the opposite street with surveillant ( A ).
2. If the subject cross the street or turns, allow the second surveillant (B) to follow the
subject while the first surveillant (A) should either cross or go straight but not on the
same side where the subject go. The third surveillant ( C) should observe the subject
and act the role or either surveillant A or B depending on the situation.
3. If the subject either cross the street or turns, allow the second surveillant ( B ) to follow
the subject while the first surveillant (A) should either cross or go straight but not on the
same side where the subject go.
4. Make a good decision as to where the subject will be going.
5. Regroup if chances are possible. This means that the first surveillant 9A) may now
become the second surveillant (B) or vice versa.
6. Do not wear any apparel or clothing that is obvious or can catch the attention of the
subject.
7. Take photographs.
8. For photographic guidance, see Figure 8.
62
12. Procedures to Conduct Three Man –Shadow.
1. The first surveillant (A) should follow the subject while the second surveillant (B) follows
the firs surveillant. The third surveillant (C) is in the same way where the subject is
going but on the opposite street with surveillant (A ).
2. Like in one man and two man shadow, both surveillance
3. If the subject cross the street or turns, allow the second surveillant (B) to follow the
subject while the first surveillant (A) should either cross or go straight but not on the
same side where the subject go. The third surveillant (C) should observe the subject
and act the role or either surveillant A or B depending on the situation.
4. Make a good decision as to where the subject will be going.
5. Regroup if chances are possible again. This means that the first surveillant 9A) may now
become the second surveillant (B) or vice versa and surveillant (B) becomes now the surveillant
(C) and surveillant (C) becomes now the surveillant (A) or vice versa depending on the situation.
6. Do not wear any apparel or clothing that is obvious or can catch the attention of the subject.
7. Take photographs.
8. For photographic guidance, see Figure 9.
13. Casing. Casing refers to the process of inspecting places to determine its suitability for
operational use. In the military, it is known as Reconnaissance. It is called the surveillance of
places or building. Casing could be done either :
1. Internal – it is the inspection of the different parts of the building or any structure which
62
inludes but not limited to the different rooms within the building.
2. External – this is the inspection and observation of the immediate areas surrounding
the building or any structure or any structure which includes location, direction,
possible exists, and others.
14. Agents. Agent defined as any person capable, skilled, and competent in collecting, extracting,
gathering, infiltrating, penetrating information in all kinds in various sources as well as
knowledgeable in the science of disguise in order to avoid detection from the enemy or any
unwanted forces while doing intelligence.
15. Intelligence work is define as the clandestine operation or activity done by any agent in order
to gather relevant facts for future operation.
16. There are agents who use authority to gain information. He is called an agent of influence.
For those who are recruited within a highly sensitive target are called agent in place. There
are also agents who leak false information to the enemy and they are called expandable
agents. Those agents who have reached the enemy camp, gathered information, and are
able to get back without being caught are called penetration agents. There are also who
acted as double agents. He is an enemy agent, who has been taken into custody, turned and
sent back where he came from as an agent of his captors.
17. General Classification of Agents. Agents are generally classified base on their assignment
whether direct the planning in gathering information, directly penetrate the ranks of criminal
syndicate or supports the whole operation. These agents are as follows :
1. Principal Agents - these are the leader or management agent in the clandestine
operation.
2. Action Agents - these are those who conducts the clandestine operation which is
further classified into :
a. Espionage agent – an agent responsible for the collection of the
information.
b. Propagandist – these are agents who molds the attitude, action or opinion
of an individual or group of people
c. Saboteur - an agent directed to the action I line with destroying the
temporarily or permanently, any material, an article or property which is
necessary in their normal operation.
d. Guerilla – these are agents who are part of paramilitary group organized
to cause great damage to the enemy during hot war situation
e. Strong arm - these are those agents who provide special protection in
times of dangerous phase of clandestine operation; and
f. Provocateur - these are agents who induces the enemy to act on their own
detriment or put them in disadvantage.
3. Support Agents – these are agents who engage in activities in line with giving support
to the clandestine operations. This includes :
a. Surveillant investigator - these are those who continue to observe any
person or places that is connected to the operation.
b. Procurer of funds – these are those who obtain money needed to sustain
the operation;
c. Safe house keeper – is the person responsible in maintaining the safe
house for training, debriefing , debriding or any other purposes and ;
62
d. Communication agent - the person responsible for securing the
clandestine operation.
18. Cryptography. The agent needs to communicate whatever valuable information they had
possessed or acquired and in like manner commander needs to provide instructions to the
troops the ground without allowing the enemy to intercept this communication. All information
should be sent with accompanying security measures and this could be done with the aid of
cryptography.
18a. Cryptography is defined as an art and science that deals with codes and cipher.
In using codes, one must possess a code book. Code Book define as compilation of words,
numbers, symbols or a combination of either word, number or symbol with their corresponding
meaning.
62
19. Cipher is the system which involves the substitution or transposition of individual letters to make
unreadable.
19a. Transposition cipher involves the shuffling of individual letter or switching the original
position of individual letter.
20. Substitution cipher system – involves the process of substituting individual letter or number with
another number.
The first row provides for the original arrangement of the letters in the alphabet while the second row
provides the propose letter to be used as the substitute.
62
If the cipher system is use then the term of converting plaintext into unintelligible is
known as encipher while the term converted into message into plaintext is known as decipher.
21. Terminologies :
Self-Help: You can also refer to the sources below to help you further
understand the lesson
Negosa, H and Cano, G., 2019. Fundamentals of Criminal Investigation and Intelligence. Rex
Bookstore, Inc., Quezon City, Philippines
Let’s Check
Let us try the following activities to check your understanding in this unit.
Activity 1. Identification. In the space provided, write the term/s being asked in the following
statements: (One point each)
Let’s Analyze
Let us try the following activities to know how deep your understanding about the topics
of this unit. At this juncture, you will be required to ELABORATE your answers about the
following questions:
1. What are the five things you need to remember before conducting surveillance?
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
In a Nutshell
The importance of what types of surveillance are best applicable in the following
situation/scenarios.
1. Fixed surveillance
2. Moving surveillance
3. Aerial surveillance
4. Video surveillance
62
Big Picture
Week 6-7: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to
Metalanguage
The following are terms to be remembered as we go through in studying this unit. Please
refer to these definitions as supplement in case you will encounter difficulty in understanding the
basic concepts of Fundamental of Criminal Investigation and Intelligence.
Essential Knowledge
While extracting information from sources plays an important role in line with investigation.
Physical evidence will aid the progress of investigation as they serve as a corroborative evidence
in establishing, identifying, locating or even in the prosecuting the offender.
62
1. Forensic Ballistics.
1a. Forensic ballistics deals with the study of firearm to establish its identity
through ammunition fired though them. The person who study and examines those fire
bullet, fired cartridge case, and suspected firearms is known as the Ballistician.
1b. One of the most common physical evidence submitted for laboratory
examination is either a fired bullet, fired cartridge case, suspected firearm, or a
combination of these three and this is the highlight of the fired of forensic ballistics. The
examination of firearm was founded on the principle that no two firearms are exactly the
same even if they are product of one manufacturer.
2. Fired Bullet refers to any bullet/s found and recovered from the crime scene. Same fired
bullet
3. Fired cartridge case refers to any cartridge case/s found and recovered from the crime
scene.
4. Suspected firearms refers to the firearm found and recovered from the crime scene and
suspects for laboratory examination to establish its identity and uniqueness As compared
to other forearm.
5. Task of Firearm Section. When the firearm submitted to the examination , the following
could be the reason for such submission such as :
62
a. Test firing of all firerams;
62
8. Take Note, the person responsible for the examination of questioned document is known
as the Questioned Document Examiner. Commonly, the cases submitted to him for
examination are as follows :
1. Forged Signature
2. Anonymous letter
3. Counterfeited paper bills
4. Forged Checks
5. Questioned handwriting
10. Forensic Odontology. This forensic science pertains to the application to legal
investigation both in criminal and civil aspects. As human bone and teeth are the most
durable part of the human body, this allows the forensic dentist (Odontologists) who is
highly experienced this field of expertise to aid the following :
1. Identify unknown remains of an individual person
2. Established the identity of specific bite marks
In addition, the science of forensic odontology is best useful in cases of the
following :
62
11. Forensic odontology also has some limitations. Some of these limitations are as follows :
1. Not enough standards available as it is not the primary means of identification
2. No strict implementation of keeping dentals records among dentistry
3. Dental profile of a person may change over a period of time.
4. Bite marks on the person’s skin may change depending on the pressure
12. Forensic Photography. Photography is one field in the forensic science that can be
linked to all other sciences as it touches them mostly considering that all physical or even
microscopic evidence are best preserved with the aid of photography. As to the
admissibility of photograph as evidence in court, the photograph can be best use as
evidence if it accurately portrays the individual items and can show to the honorable court
how the crime was probably committed based on photographic evidence.
13. Mug-Shot – standard taking of photograph among arrested suspects with front and side
angles taken in one location.
62
14. Metric Photograph – a photograph taken with metric scale place in the photo’s border to
show the actual size of the image.
15. Portrait Pale – also known as spoken picture, is a method of describing detailed manner
the human head which gives emphasis on different part.
62
16. Composite drawing – a graphical drawing of the suspects face drawn as an aid in
establishing the identity of person who might have committed a crime.
17. Film – is where the image is transferred from the film or photographic paper.
62
18. Photographic paper – is where image is transferred from the film during the development
of photograph.
19. Digital Photography – as an art and science in line with the process of producing or
reproducing digital images through the action of camera and
19a. Digital photograph – is a simply the product or result of digital photography
21. Serology – can be help as it is the science that deals with the study of fluids.
62
22. Forensic Serology – deals with the identification, detection and classification of different
body fluids.
23. In cases of body fluids such as blood, semen, saliva are recovered from the crime scene.
In addition, Serology are as follows :
a. Presumptive test – a quick preliminary test conducted to determine if the
sample taken is blood
b. Confirmatory test – this test is conducted to conclude that the test taken
is blood.
24. Anthropometry and Fingerprint. The identification of the person brought before the
custody of law was first established through the science of Anthropometry which is refers
to the system of body measurement. With the aid of anthropometry, suspects’ body is
measured.
25. Every person arrested was fingerprinted to serve as a standard and will be submitted for
filing purposes. Standard in the sense that they serve as a correct copy of the fingerprint
of the individual. Filing refers to the submission of the fingerprint standards recording
system for future use.
27. Forensic Medicine. A branch of medicine that deals with the application of medical
knowledge to establish facts surrounding the cause, manner and time of death of the
person. It aids investigation, such that they enlighten investigators as to how and when
the crime was committed through conduct of autopsy.
28. Autopsy – define as the through examination of death done through dissection. It opens
the internal part of the body to perform the examination and carefully study each internal
parts to establish the possible factors as well as the possible manner surrounding the
death of the person.
62
29. One greatest contribution of forensic medicine in the field of investigation is that,
investigators may possibly determine the approximate time of death through visible
changes this changes are as follows :
1. Algor mortis or cooling of the body – this means that the body becomes
cold after death. This usually occurs in the first 2 hours after the person died.
2. Rigor mortis or muscle stiffening – after the cooling of the body the muscles
will become rigid or stiff usually 2-3 hours after death. The whole body will
become rigid approximately 12 hours after death and will last for about 18-36
hours. Thereafter, putrefaction will commence. Putrefaction simply means the
decomposition or decaying of the dead body.
3. Livor mortis or skin discoloration – this refers to the changes of the body
color 3-6 hours after death due to the stoppage of blood circulation and the
clotting of blood in the blood vessels. This results in the settlement of the blood
in the area of the body where it has contact with the surface. After 12 hours,
skin discoloration becomes fully developed.
31. Examiner relies on the psychological changes in the body of the person to detect if the
person is lying or not. In polygraph examination the subject will be under stress if he
intends to lie resulting physiological changes in his body.
Self-Help: You can also refer to the sources below to help you further
understand the lesson
62
Negosa, H and Cano, G., 2019. Fundamentals of Criminal Investigation and Intelligence. Rex
Bookstore, Inc., Quezon City, Philippines
Let’s Check
Let us try the following activities to check your understanding in this unit.
Activity 1. Identification. In the space provided, write the term/s being asked in the following
statements: (One point each)
Let’s Analyze
Let us try the following activities to know how deep your understanding about the topics of
this unit. At this juncture, you will be required to ELABORATE your answers about the
following questions:
1. What do you think is the most probable problem that ballistician needs to solve?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
62
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
In a Nutshell
The importance of doing research on the following personalities and discuss their ultimate
contribution in the field of investigation conducting legal arrest in accordance with the law to
ensure that the arrest made is in proper. In this portion of the unit, you will be required give the
effect of making an invalid warrantless arrest to the following conditions.
1. Hans Gross
2. Leonard Keeler
62
4. Alphones Bertillon
5. Alfred Stieglitz?
Metalanguage
The following are terms to be remembered as we go through in studying this unit. Please
refer to these definitions as supplement in case you will encounter difficulty in understanding
the basic concepts of Fundamentals of Criminal Investigation and Intelligence.
Warrant – simply means as the permit given by the court for a particular purpose.
Search – is a form of government invasion to the person’s freedom to privacy.
62
Seizure – is the confiscation of the property or any material usually fruit of the crime or
product of illegal activities
Ethical issue – refers to the question of performance whether te act perform is right or
wrong.
Essential Knowledge
The search warrant and the warrantless search is very important in allowing the
instances in conducting search and who may be held liable. This also discuss the factors that
1. Warrantless Search define as the search and seizure of personal property based on probable
cause made by police officer without a warrant.
2. Exigent circumstances refers to a situation whereby securing a warrant would make it less
practical or useless.
3. The following are examples of exigent circumstances whereby valid warrantless search and
seizure in applicable :
1. Search Incidental to Lawful Arrest define as a search and seizure of property made by
a police officer upon a valid arrest.
2. Seizure in Plain View refers to the confiscation of embezzled or stolen property or where
the property is an evidence of a crime or will be used in committing an offense in the presence
of police officer in plain view.
3. Stop and Frisk Rule refers to a brief stopping of an individual made by police officer based
on reasonable suspicion among the person suspected to commit a crime or in possession of
dangerous weapon.
5. Search of Moving vehicle law enforcement are limited only in visual search. Search
and seizure will st0p only when it is valid.
The 1987 Phil. Constitutions provide the right of all people against unreasonable
searches and seizures of whatever nature. Any search and seizures without the benefit of
the warrant shall be deemed considered illegal search. Illegally seized evidence is referred
to as a fruit of poisonous tree. Fruit of the poisonous tree doctrine establish the guideline
that evidence obtained as a result of some illegalities is admissible in court as the evidence
is incompetent.
62
Furthermore, Motion to quash refers to the request of a party to declare the previous
order as void, null or invaid.
6. Liabilities Related to Search and Seizure. The issuance of a warrant in line with search
and seizure does not automatically guarantee the success that evidence will be admissible
a. Perjury a crime define under article 183 of the Revised Penal Code committed
by any person who shall make any untruthful statement and testify under oath,
or make an affidavit upon any material before competent person authorized an
oath.
b. Contempt of Court this shall be charge upon any police officer who fails to
deliver property and inventory to the court who issue the warrant as provided
under Section 6, Rule 126, Revised Rules of Court specifically to police officer
whom the warrant was issued or he fails to provide explanation when
requested to do so.
d. Petition for Certiorari – if the judge acted with grave abuse of discretion and
issued a warrant without the existence of probable cause, rule 65 of the Rule
of Court shall be applied.
7. Ethics in Investigation. Any law enforcement officer tasked to di the investigative role is
often exposed with ethical issues during the conduct of investigation. These ethical issues
may include but not limited to the following :
1. Caseload
2. Nepotism or
3. Use of deception
8. Case overload refers to the communication of cases pending for investigation. Ethical
issues may arise when one case is given priority at the expense of another.
9. Nepotism refers to the practice of giving special favor among others especially among
circle of friends. This is possible cases where the victim belongs to a higher status of
community or respectable family. Ethical issues also arises when police officers are trying
to prioritize and provide good investigative service cases where the victims are their friends,
relatives or persons of influence whom they have connections.
10. Use of Deception. Investigation must be objective and reflective of what is true in the crime
62
scene. Deception means as an act of making others believe in something which is false.
Ethical Deception defined as the process of utilizing the science of deception done within
morally accepted act and conduct.
11. In an undercover operation, deception is allowed in cases of entrapment procedure but not
in cases of investigation. Entrapment is defined as a form of investigative technique done
in order to apprehend criminals in the act of committing a crime while investigation is the
act off inducing an individual to commit crime.
12. However, it just be noted that deception in the following circumstances are absolutely
1. Planting of evidence
2. Making spurious evidence
3. Making false reports
4. Making false testimonies in court and
5. Deceiving follower officer and superiors
13. Ethics in Lying. The use of deception increases the chances of apprehending law
violators. It is makes it easier to detect suspected criminals. One means of deceiving is
through the use of lies. Lie may refer to untruthful statement. Some of these factors why
others opted not to lie are as follows :
14. Police Ethical Investigation Models. Investigating crime is as far the responsibility of
criminal investigators. They perform task as mandated by their department and by the law
as a whole.
14a. Administrative liability refers to the accountability of one individual with respect to
the established rules and regulations of the department.
14b. Criminal liability refers to the obligation in which one is liable for committing an act
omission to which the public and the law defined it as a crime.
14c. Police abuse refers to the misconduct committed by an individual police officer in
line with the performance of his duty.
15. Malfeasance refers to the performance of an act by which the law or department rules
prohibit him to do so.
Example :
a. Police brutality
b. Instigation
c. Planting of evidence
d. Incriminating innocent person
16. Misfeasance refers to the improper performance of an act committed by one who has the
option to perform it better.
Example :
a. Incomplete report
62
b. Omitting important information in the submission of reports
c. Inappropriate response during investigation process
d. Inadequate investigation skills
17. Nonfeasance refers to the failure to perform an act required by law or department rules and
regulations.
Example :
a. Failure to give assistance to victims of crime
b. Failure to respond to complaints brought before their office
c. Failure to inform and update headquarters regarding the status of the case
under investigation.
d. Failure to keep records in the chain of custody.
18. Police Ethical Investigation Models refers to the investigation process conducted against
police officer who is suspected to have violated the expected standard of obedience in
dealing with police matters. Some of these models are as follows :
1. Independent Model – this model only allows civilian individuals to conduct
investigation giant police officer
2. Dependent Model – this model limits the investigation of police misconduct
within the police department.
3. Independent Model – this model is a combination of police officers and civilian
individual to conduct the investigation. Police officers do the investigation while
the civilian act as the investigator overseer.
20. Mass communication refers to the process of information dissemination done by any
media organization in large scale toward various people in the community usually through
television or radio.
21. In connection with police activities, plans and programs, the internet of the police
department is effectively communicated to the public through the help of media. Some of
these police activities that are aided by the media very effectively includes but not limited
to the following :
22. It must be noted that not all information should be release to the media as it will jeopardize
any matter involving police work. These may include, but not limited to the following :
Let’s Check
Let us try the following activities to check your understanding in this unit.
Activity 1. Identification. In the space provided, write the term/s being asked in the following
statements: (One point each)
Let’s Analyze
Let us try the following activities to know how deep your understanding about the topics of
this unit.
62
1. What do you think are the instances wherein the search warrant may be done during night
time? Provide examples and a brief explanation.
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
2. Do you think the ethical issues are greatly affecting the investigative procedures?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
In a Nutshell
Warrant of arrest and warrantless search is a very important to the situation whereby
securing a warrant must be valid and applicable. Clarify briefly what type of a warrantless search
is portrayed below :
62
Big Picture
Week 8-9: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to
a. Evaluate the characteristics of an effective and efficient report and various usage of
report writing
b. Demonstrate a comprehensive understanding of the principles, theories, and key
concepts related to criminal investigation and intelligence as well as the role of
investigation report in the purpose of criminal investigation in legal proceedings.
Metalanguage
The following are terms to be remembered as we go through in studying this unit. Please
refer to these definitions as supplement in case you will encounter difficulty in understanding the
basic concepts of Fundamental of Criminal Investigation and Intelligence.
Report
Report writing
Investigation report
Effective report
Essential Knowledge
1. Investigation Report
The progress of the investigation is accompanied by constant communication
between investigators and higher authorities or any persons of interest in line with the
proper disposal of the case. This communication is maintained through proper
submission of reports that will form a part in the record system.
2. Report defined as a written or oral account as to what someone had observe, heard,
62
outlines, or completed. In line with investigation, report is the narration of facts usually in
writing done to provide information and after exhaustion of investigative measures. This
report may include but not limited to the following :
3. Report writing defined as the narration in writing of the facts regarding pertinent events,
activity and/or social, economic, or political occurrences. Investigative report writing is the
reduction of facts in writing in line with investigation conducted by any law enforcement
agencies to serve as reference that will guide future endeavors to any matters that may
have a logical connection to the following :
1. Correct Grammar - unlike an oral report that may use conversational or informal
English, a written report should be grammatically correct. Proper use of words and theory
meanings are important so that readers do not misinterpret or perceive the information
differently.
2. Paragraph - each paragraph need not be long, keeping in mind to discuss only
one topic, not more than 100 words will suffice. Skip a line to show the beginning of each
paragraph.
3. First person account - use first person to avoid misconception or misleading the
reader.
62
4. Active Voice - sentences constructed could be either active or passive. In some
situations, the use of active voice is better than the passive voice to convey a message.
5. Reader focused - reports should be reader-friendly and should not cause any
confusion. Phrases, such as mentioned above, the above date and time, and the frequent
use of latter or former should be avoided. Specify, so that readers will not have to go back
and forth when reading through the report.
6. Readability and Legibility - readable means being clear and easy to read.
Legible means capable of being read or deciphered. Readable and legible are also often
used interchangeably.
1. Factual - this means that report should be based only on facts and does not
contain any opinion fact simply means any statement derived can be proven while opinion
is a statement based only on personal beliefs or personal preferences.
2. Accurate - this means that report should be contain the exact details of the case
under investigation. It might be a fact but not the exact details related to the case. This
means that it must be contain the name, date, location, address, photo numbers,
description of the crime, property , vehicles involve, color, weapon, model and other exact
details related to the case.
3. Objective - this means that report should be fair and impartial and should include
both sides of the account even if they are damaging to the case. Slanting, which means
including only the story of one side or presenting only the fact tends to support the theory
of a police officer is not an objective report.
4. Complete - this means that all written report must contain all necessary detail of
the crime. This includes answering all questions such as who, what, where, when, why
and how.
The questions who, what, where, when, and where should be provided by factual
statements. The questions why and how should be provided with inference. Inference
refers to a process of reasoning to come to with a fact based on the available evidence
that will support such reasoning.
5. Concise - report should be as short as possible leaving important information.
Those unnecessary words should be left or use few words needed to record facts. Brevity
does not mean conciseness.
6. Clear - this means that every report made should only contain one and the same
meaning and interpretation even if the readers will read the report.
The job and responsibility of police and prosecutor in criminal investigation are
distinct and unique. Police is responsible for the apprehension of offenders while the
prosecutor is responsible for the prosecutor of cases in favor for the government.
Apprehension is defined as the legal process of capturing a person suspected to
have committed a crime while the prosecution is the institution of formal charges against
the offender of the crime.
In building case, both efforts of the police and prosecutor are needed. A good case
simply means as a case that investigator considered as feasible for investigation and
62
prosecutor considered as presentable in court. Feasible meaning it is possible for
investigation. Presentable meaning the court can provide judgment in the case. If the case
is feasible and presentable, then it means there will be better case build up. Case build -
up refers to the process of building a good case.
Some of these cases that cannot be investigated includes but not limited to the following
1. No tracing evidence - take note, that tracing evidence helps the investigation
through locating physical evidence gathered and collected form the crime scene.
2. Unavailability of investigative leads - it means no possible eyewitness to the
crime or the crime took place in uninhabited. Uninhabited simply means as areas or places
wherein only few people live or frequent or otherwise unpopulated.
3. Evidence is destroyed - these are perpetrators who know a lot about the
investigative processes and intentionally destroy some physical evidence in order to
mislead not only investigators, but as good citizens who happen to view and see the crime
scene first and
4. Unwilling victims and complaints - this is possible in cases where the victims or
complainants are no longer interested to file criminal action either they are afraid that the
perpetrator will retaliate or they find no interest in filing criminal action.
In addition, not all cases can be presented in court. This is true in cases like but not
limited to the following:
1 The prosecutor finds no probable cause. Take note that probable cause is
needed to be established in order to prosecute the case forward to the court level
2. Prosecutor finds that the evidences are incompetent. This means that the
evidence is gathered illegally or not in accordance with the established legal rules.
Lastly, while it is true that investigators and prosecutors function differently, they
must have an interdependence. Interdependence meaning, they need to work as one as
they have one common purpose which is the success of the case.
11. In addition, aside from the fact that two agencies are under different departments, the
other common and most of the tine considered as the downside of the investigative and
prosecutorial disparities are the following :
62
1. Poor condition
2. Difference in the appreciation of the case
13. Filing criminal charges should be done specifically if the warrantless arrest is either :
1. Caught in the act of In flagranti Delicto
2. Hot pursuit
3. Escapee
14. Take note again, if the person is arrested under the Philippine law by virtue of warrantless
arrest, the person can be detained on the following number hours :
15. Due to poor coordination filing of criminal charges is delayed, or a filing of criminal charges
at all. The person so arrested again should be released if no criminal charges files as any
police officer who will not observe or fail to observe the following number of hours shall be
charge for Arbitrary Detention under article 125 of the Revised Penal Code.
Self-Help: You can also refer to the sources below to help you further
understand the lesson
Negosa, H and Cano, G., 2019. Fundamentals of Criminal Investigation and Intelligence. Rex
Bookstore, Inc., Quezon City, Philippines
Let’s Check
Let us try the following activities to check your understanding in this unit.
Activity 1. Identification. In the space provided, write the term/s being asked in the following
statements: (One point each)
Let’s Analyze
Let us try the following activities to know how deep your understanding about the topics of
this unit. At this juncture, you will be required to ELABORATE your answers about the
following questions:
1. What are the characteristics that you need to remember when writing a report?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
62
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
In a Nutshell
62
Big Picture in Focus: ULOa. a. b. Determine a comprehensive
understanding of the principles, theories, and key concepts
related to criminal investigation and intelligence as well as the
role of investigation report in the purpose of criminal
investigation in court proceedings.
Metalanguage
The following are terms to be remembered as we go through in studying this unit. Please
refer to these definitions as supplement in case you will encounter difficulty in understanding the
basic concepts of court proceedings on an investigation.
Cybercrime is a terminology that refers to all crimes committed through cyberspace done
with the aid of a computer or any digital devices capable in sending, receiving,
transmitting, recording or storing computer data.
Digital technology may refer to any devices such as but not limited to computers,
cellphones, smartphones and other devices that can send, receive ,transmit, record or
store computer data.
Computer technically, is a device that can perform various functions depending upon the
instructions that can be performed by the given software and hardware embodied therein.
Legally, defined as electronic, magnetic, optical, electrochemical, or other data
processing or communication devices or grouping devices capable in performing logical,
arithmetic, routing, or storage functions and which includes any storage facility of
equipment or communications facility or equipment directly related to or operating in
conjunction device Section 4 of RA 10175 ).
Digital investigation defined as the process undertaken by the forensic computer
investigator and forensic computer examiner to uncover the elements of the offense
committed which are directly or indirectly contained in the digital devices and which are
necessary for the prosecution of criminal charges.
Court warrant refers to an order in writing issued in the name of the People of the
Philippines, signed by the judge, upon application of law authorities.
Essential Knowledge
This unit tackles one the various special laws that are being covered under fundamentals
of investigation and intelligence and the need of computer/internet in dealing with criminal
investigation.
1. Cybercrime
Through the advancement of technology, crimes can now be committed through another
medium, which follows that the way of investigating crime needs to be upgraded in response
to the modern and current society.
2. Cybercrime is a terminology that refers to all crimes committed through cyberspace done
62
with the aid of a computer or any digital devices capable in sending, receiving, transmitting,
recording or storing computer data.
3. Cyberspace refers to the communications made through digital devices in the virtual
environment.
4. Virtual environment meaning, the communications is not done physically but rather with the
aid of digital technology
5. Digital technology may refer to any devices such as but not limited to computers, cellphones,
smartphones and other devices that can send, receive ,transmit, record or store computer
data.
6. Computer data may refer to anything stored in the memory of the software. It could either be
7. Computer technically, is a device that can perform various functions depending upon the
instructions that can be performed by the given software and hardware embodied therein.
10. Digital device is a generic term referring to all devices capable of performing multiple
functions such as storing, sending, and receiving electronic data.
11. Electronic data simply means as any data or information stored through electronic means.
12. In connection with cybercrime, the center of the investigation is electronic data stored in the
different digital devices. This maybe pornographic materials, audio or video scandal, text or
chat messages, video calls or communication between illegal transactions. This also includes
text messages of harassment and threatening of victims and other people.
15. The verified application for WDCD together with the supporting affidavits shall state the
following essential facts which include :
17. Warrant to Intercept Computer data is an order in writing issued in the name of the People
of the Philippines, signed by the judge, upon application of law enforcement authorities,
authorizing the latter to carry out any or all of the following activities :
1. Listening to
2. Recording
3. Monitoring or
4. Surveillance of the content of communications, including procuring of the content
of computer data, either directly, through access and use of a computer system or
indirectly , through the use of electronic eavesdropping or tapping devices at the
same time that the communication is occurring.
18. The verified application for WICD together with the supporting affidavits shall sate the
62
following essential facts which include :
7. Other relevant information that will persuade the court that there is probable cause
to issue a WICD.
20. Warrant to Search, Seize, and Examine Computer Data an order in writing issued in the
name of the People of the Philippines, signed by the judge, upon application of law
enforcement authorities, authorizing the latter to search, seize, and examine computer
21. The verified application for WSSECD together with the supporting affidavits shall state the
following essential facts include :
23. The verified application for WECD together with the supporting affidavits shall state the
following essential facts which include :
11. Contempt – all law enforcement authorities who fails to timely file returns of the
issued warrant or to duly turn over to courts custody any of the items disclosed,
intercepted, search, seized, and/or examined as prescribed shall be subject for
contempt
12. Obstruction of Justice – any person or service providers who fails to comply with
the order from law enforcement authorities shall be held liable for obstruction of
justice as defined under presidential Decree 1829.
Self-Help: You can also refer to the sources below to help you further
understand the lesson
Negosa, H and Cano, G., 2019. Fundamentals of Criminal Investigation and Intelligence. Rex
Bookstore, Inc., Quezon City, Philippines
Let’s Check
62
Let us try the following activities to check your understanding in this unit.
Activity 1. Identification. In the space provided, write the term/s being asked in the following
statements: (One point each)
______1.Refers to the communications made through digital devices in the virtual
environment.
______2. The communications that is not done physically but rather with the aid
of digital technology simply means as any data or information stored through electronic means.
3. An order secured by law enforcement authorities requiring any person
or service provider to disclose or submit subscriber’s information, traffic data or relevant data
his/her possession or control in relation to a valid complaint officially docketed and assigned form
investigation.
4. An order secured if law enforcement authorities intend to search the
particular place for items to be seized and examined.
5. An order in writing issued in the name of the People of the Philippines,
signed by the judge, upon application of law enforcement authorities, authorizing the latter to carry
out any or all of the following activities
6. It is a warrant secured by law enforcement authorities if they intend to
intercept the content of communications which is done through listening, recording, monitoring,
or conduct of surveillance to procure the computer data needed.
7. A term electronic data also cover the perspective under computer data.
__________________8.This is be held liable for obstruction of justice as defined under
presidential Decree 1829.
9. A general term referring to all digital devices that has a data processing
capability.
10. An order in writing issued in the name of the People of the Philippines,
signed by the judge, upon application of law enforcement authorities, authorizing the latter to
search, seize, and examine computer.
Let’s Analyze
Let us try the following activities to know how deep your understanding about the topics of
this unit. At this juncture, you will be required to ELABORATE your answers about the
following questions:
1. What do you think between an ordinary search warrant and cyber warrant?.
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
62
2. Do you think court warrant is still necessary in cases involving digital devices?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
3. When do we apply an ordinary court warrant for search and seizure and cyber warrant?
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
In a Nutshell
In this part of the unit, you were given the basic concepts in cybercrime investigation. Cite
those crimes defined under Revised Penal Code that may be committed through cyberspace and
with the aid of digital devices.
1.
62
62