Special Crime Investigation
Special Crime Investigation
Special Crime Investigation
Castillo, RCrim
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Prof. Doreen Mae S. Castillo, RCrim
The term “Arrest” came from the latin word “Arrestare” which means “cause to
Stop” and Restare which means “stay behind”. These terms were used as early as
during the 19th century.
On the other hand, the word Search was derived from the Anglo-Norman word
“Searcher” Old French “Cershier” which means “to explore” latin word “ circare” which
means “ go around in circles”
R.A 7438
An act defining certain rights of person arrested, detained or under custodial
investigation as well as the duties of the arresting, detaining, and investigation officers
and providing penalties for violation thereof.
1. Right to be informed of these rights.
2. Right to remain silent.
3. Right to counsel.
4. Right to waive these rights in writing and in the presence of counsel.
Search
Is an action by the government that intrudes upon a person’s reasonable
expectations of privacy.
Seizure
This is no seizure unless person is physically restrained or they submit to a lawful
show of authority. A subject was not seized while being chased by police, and thus the
issue of whether there was reasonable suspicion justifying the police action was
irrelevant. There is seizure unless there is some physical restraint of submission to
lawful show of authority (California V. Hodari D.)
Scope of search
The scope of search may not exceed the consent given the scope of permissible
consent search is governed by the scope of consent. Which is measured by what a
reasonable person would understand the person giving consent to be allowing. Consent
to search the entire inside of the vehicle was also deemed consent to open a paper bag
on the floor board :
Legal means to process a Scene
Consent
Search Waiver
Search Incident to arrest
Exigent circumstances
Search warrant
Court Order
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Prof. Doreen Mae S. Castillo, RCrim
Even if not served within 10 days from issuance. It remains valid until:
1. Recalled by the issuing court
2. Culprit was arrested
3. Culprit voluntarily surrendered
4. Culprit was died
Warrant of Arrest
In general rule: no person shall be arrested without a valid warrant of arrest
issued by a competent court.
Exceptions (warrantless arrest)
1. Arrest in flagrante delicto
2. Arrest in hot pursuit
3. Arrest of escape prisoner/ detainee
4. Arrest by a bailor against the bailee who jumps jail.
5. Arrest of an undesirable alien as ordered by the president or the commissioner of
BID.
Exempted from Arrest
1. Members of the Congress – who committed a crime a penalty of 6 years
imprisonment or lesser.
2. Foreign Sovereign officials – head of the state, ambassadors, public minister,
charge d affaires.
Note: Violation of Parliamentary Immunity – a crime committed by peace officers who
arrest members of congress who are immune from arrest.
Method of Arrest by officer without warrant
The officer shall inform the person to be arrested of his authority and the cause
of the arrest
UNLESS, the person to be arrested is then (1) engaged in the commission of
crime or is (2) pursued immediately after its commission or after an escape, or
(3) flees or forcibly resists before an officer has opportunity to inform him, or (4)
when the giving of such information will imperil the arrest.
Method of Arrest by a private individual
The officer shall inform the person to be arrested of his authority and the cause
of the arrest
UNLESS, the person to be arrested is then (1) engaged in the commission of
crime or is (2) pursued immediately after its commission or after an escape, or
(3) flees or forcibly resists before an officer has opportunity to inform him, or (4)
when the giving of such information will imperil the arrest.
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Prof. Doreen Mae S. Castillo, RCrim
Criminal Investigation is an art which deals with the identity and location of the
offender and provides evidence of guilt in criminal proceedings. Criminal Investigation is
a logical process of collection and analysis of facts about persons, things and places
relative to a crime.
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2. Physically fit
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Prof. Doreen Mae S. Castillo, RCrim
9. A „man of faith‟
INTELLECTUAL CHARACTERISTICS
2. He must be able to apply technical and legal theories in his daily work.
4. He must be versatile enough to adopt with any situation. During training and while
already in the field, he must develop knowledge and skill in investigative techniques.
5. He must never stop learning or tell himself that he has learned enough knowledge in
his profession. He must continue enhancing his knowledge through academic activities,
field training, personal experience, and street-learning (on-the-job experience).
PSYCHOLOGICAL CHARACTERISTICS
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Prof. Doreen Mae S. Castillo, RCrim
c. First responder at the crime scene the focus of preliminary investigation is the crime
scene.
Actions to be completed during phase 1:
1. Establish that a crime was committed and what specific crime took place.
2. Arrest suspects/perpetrators if identified immediately or found at the crime scene
(CS).
3. Protect the crime scene and the evidences found therein.
4. Call for back-up and request for flash report related to the incident under
investigation.
5. Identify/locate victims and witnesses then conduct brief interview to establish what
happened.
6. Secure/gather info about identity of suspect/s, get-away vehicle/s if any, and
direction of flight.
7. Conduct CSI.
8. Accomplish the initial investigation report and its attachments.
PHASE 2: FOLLOW-UP STAGE a.k.a Continuing or In-depth investigation the follow-
up phase builds on what was learned during the preliminary investigation. This phase
can be conducted by the officers who responded to the original call or, most often, by
detectives or investigators, depending on the seriousness and complexity of the crime
and the size of the department. If investigators take over a case begun by the patrol
officers, coordination is essential. Investigative leads that may need to be pursued
include checking the victim’s background; talking to informants; determining who would
benefit from the crime and who had sufficient knowledge to plan the crime; tracing
weapons and stolen properties; and searching MO, mug shot and fingerprint files.
Actions necessary by the investigator:
1. Follow-up investigative leads
2. Conduct extensive interview
3. Conduct custodial investigation or interrogation
4. Reconstruct the crime
5. Search and collect additional or corroborative evidences
6. Preserve the legal integrity of evidences while maintaining chain of custody
7. Conduct surveillance if necessary
8. Analyze/evaluate the legal significance of collected information and evidences
9. Accomplish follow-up investigation reports.
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Prof. Doreen Mae S. Castillo, RCrim
a. A Police Blotter is an 18” x 12” logbook with hard-bound cover that contains the daily
register of all crime incident reports, official summary of arrests, and other significant
events reported in a police station.
b. As a general rule, all crime incidents must be recorded in the official police blotter.
c. A separate Police Blotter, however, shall be maintained for offenses requiring
confidentiality like violence against women and children and those cases involving a
child in conflict with the law to protect their privacy pursuant to R.A. 9262 (Anti- Violence
Against Women and Children Act of 2004) and R.A. 9344 (Juvenile Justice and Welfare
Act of 2006).
d. The duty police officer shall record the nature of the incident in the police blotter
containing the five “W”s (who, what, where, when and why) and one “H” (how) of the
information and inform his superior officer or the duty officer regarding the occurrence of
such incident.
e. In answering the above 5 W‟s and 1 H and the Case Disposition, all such material
details about the incident, including the nature of the action or offense; the Date, Time,
and Place of Occurrence; the names of the suspect/s, the victim/s, the witness/es, if
any; facts of the case; significant circumstances that aggravate or mitigate the event or
the crime should be entered along with the identity of the officer to whom the case is
assigned (Officer-on-case); and, the status of the case.
Protocol 3: Investigation Team: Organization and Equipment
a. All investigators in any police unit must be a graduate of prescribed investigation
course with a rank of at least PO2 (pre-requisite to assignment).
b. Composition:
1. Team Leader;
2. Investigator/recorder;
3. Photographer;
4. Evidence custodian; and
5. Composite Illustrator/Artist
c. Equipment of the investigator:
1. Police line;
2. Video camera;
3. Voice recorder;
4. Camera;
5. Measuring device;
6. Gloves;
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Prof. Doreen Mae S. Castillo, RCrim
7. Flashlight;
8. Fingerprint kit;
9. Evidence bag;
10. Evidence tag;
11. Evidence bottles/vials;
12. Investigator’s tickler contains the following:
a) Investigator’s checklist
b) Anatomical diagram form
c) Evidence checklist
d) Turn-over receipt Protocol
4: Duties of the First Responder
a. Proceed to the crime scene to validate the information received;
b. Record the exact time of arrival and all pertinent data regarding the incident in
his issued pocket notebook and notify the TOC;
c. Cordon off the area and secure the crime scene with a police line or whatever
available material like ropes, straws or human as barricade to preserve its integrity;
d. Check whether the situation still poses imminent danger and call for back up if
necessary;
e. Identify possible witnesses and conduct preliminary interview and ensure their
availability for the incoming investigator-on-case;
f. Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing,
make appropriate notification for dragnet operations;
g. Prepare to take the “Dying Declaration” of severely injured persons with the
following requisites:
1. That death is imminent and the declarant is conscious of that fact;
2. That the declaration refers to the cause and surrounding circumstances of such
death;
3. That the declaration relates to facts which the victim is competent to testify to; and
4. That the declaration is offered in a case wherein the declarant’s death is the subject
of the inquiry. (Section 37, Rule 130 of the Rules of Court).
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10. Further search may be necessary after the evidence and the statements obtained
have been evaluated.
11. In large outdoor areas, it is advisable to divide the area into strips about four (4) feet
wide. The policeman may first search the strip on his left as he faces the scene and
then the adjoining strips.
12. It may be advisable to make a search beyond the area considered to be the
immediate scene of the incident or crime. For example, evidence may indicate that a
weapon or tool used in the crime was discarded or hidden by the offender somewhere
within a square-mile area near the scene.
13. After completing the search of the scene, the investigator examines the object or
person actually attacked by the offender. For example, a ripped safe, a desk drawer that
has been pried open or a room from which items has been stolen, would be processed
after the remainder of the scene has been examined for traces of the offender.
14. In a homicide case, the position of the victim should be outlined with a chalk or any
other suitable material before the body is removed from the scene. If the victim has
been pronounced dead by a doctor or is obviously dead, it is usually advisable to
examine the body, the clothing and the area under the body after the remainder of the
scene has been searched. This is to enable the policeman/investigator to evaluate all
objects of special interest in the light of all other evidence found at the scene.
D. Collection of Evidence This is accomplished after the search is completed, the
rough sketch finished and photographs taken. Fragile evidence should be collected as
they are found. All firearms (FAs) found to have tampered serial numbers (SNs) shall be
automatically subjected to macro etching at the Philippine National Police Crime
Laboratory (PNP-CL). A corresponding request to the Firearms and Explosive Office
(FEO) must be made for verification purposes. The investigator places his initials, the
date and time of discovery on each item of evidence for proper identification. Items that
could not be marked should be placed in a suitable container and sealed.
E. Markings of Evidence Any physical evidence obtained must be marked or tagged
before its submission to the evidence custodian. These are information to ensure that
the items can be identified by the collector at any time in the future. This precaution will
help immeasurably to establish the credibility of the collector’s report or testimony and
will effectively avoid any suggestions that the item has been misidentified. Markings on
the specimen must at least contain the following:
1. Exhibit Case Number
2. Initials and/or signature of the collecting officer.
3. Time and date of collection.
NOTE: It is also important to note the place or location where the evidence was
collected.
F. Evaluation of Evidence Each item of evidence must be evaluated in relation to all
the evidence, individually and collectively. If necessary, these pieces of evidence must
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