SUBJECT-3 � CRIME DETECTION AND INVESTIGATION

SPECIAL CRIME INVESTIGATION

3.1 Basic concepts of special crime investigation

INTRODUCTION

� Special Crime Investigation deals with the study of major crimes based on the
application of special investigative technique.

� The study concentrates more on physical evidence, its collection, handling,

identification and preservation in coordination with the crime laboratory. Special
Crime Investigation involves a close relationship between the prober in the field
and the crime laboratory technician. They work together as a team, reacting to and
extending one another�s theories and findings both working patiently and thoroughly
to solve a crime from their investigative discoveries.

� The present criminal justice system in our country, the court relies more on
physical evidence rather than extra- judicial confession.

Cases subject of Special Crime Investigation

Homicide (Generic term which includes Murder, Parricide, Infanticide or death where
death where suicide is suspicious.

Sex Crimes

Robbery ( theft and carnapping)

Arson

Swindling or Estafa

Bank frauds

Kidnapping

The cases discussed therein after are only those which, by their nature are
difficult of complex.

3.2 Special approaches and techniques in the investigation of special cases

involving persons, properties, and other high profile crimes;
Homicide Investigation

� Homicide Investigation is the official inquiry made by the police on the

facts and circumstances surrounding the death of a person which is expected to be
unlawful.

Primary Job of the Investigator

1. To discover whether an offense has been committed under the law

2. To discover how it was committed

3. Who committed it and by whom it was committed

4. When it was committed

5. And under certain circumstances why it was committed

Responsibilities of a Homicide Investigator

1. When called upon to investigate violent death, he stands on the dead man�s
shoes to produce his instincts against those suspects.

2. The enthusiasm and intelligence the investigator brings in the case marks
the difference between a murderer being convicted and set free.

3. If he interprets a criminal death as accidental or natural, a guilty person

is set free.

4. Remember that the police is the first line of defense in the effective
application of criminal justice.

Mistakes in the Homicide Investigation

� The mistakes of the homicide investigator cannot be corrected.

� The homicide investigator should not cross the three bridges which he burns
behind him. It is important that competent personnel adequately handle the case.

Three Bridges:
a. The dead person has been moved

b. The cadaver is embalmed

c. The body is burned or cremated

Basic Guide for the Investigator:

� Corpus delicti or facts that crime was committed.

� . Method of operation of the suspect

� . Identity of the guilty party

Title 8 Crimes Against Persons

(Destruction of Life)

ART 246. Parricide

� Committed by any person who shall kill his father, mother, or child,
whether legitimate or illegitimate, or any of his ascendants or descendants, or his
spouse. Penalty: Reclusion perpetua (20 yrs & 1 day to 40 yrs) to death.

ART 248. Murder

Any person, who, not falling within the provisions of Art 246 (Parricide), shall
kill another, shall be guilty of murder if committed with any of the following
attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed
men, or employing means to weaken the defense, or of means or persons to insure or
afford impunity;

2. In consideration of a price, reward or promise;

3. by means of inundation, fire, poison, explosion, shipwreck, stranding of a

vessel, derailment or assault upon a railroad, fall of an airship, by means of
motor vehicles, or with the use of any means involving great waste and ruin;

4. On occasion of any of the calamities enumerated in the preceding paragraph, or

of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any
other public calamity;

5. With evident premeditation;

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the

victim, or outraging or scoffing at his person or corpse.

Penalty: Reclusion perpetua (20 yrs & 1 day to 40 yrs) to death.

ART 249. Homicide

� Committed by any person who, not falling within the provisions of Art 246
(Parricide) shall kill another without the attendance of any of the circumstances
enumerated in ART 248 (Murder) shall be deemed guilty of homicide.

� Penalty: Reclusion temporal ( 12 yrs & 1 day to 20 yrs)

ART 255. Infanticide

� Committed by any person who shall kill any child less than three days of age(
less than 72 hours).

� Penalty: The penalty provided in parricide & murder shall be imposed

� If the crime penalized in this article be committed by the mother of

the child to conceal dishonor, she shall suffer the penalty of prision mayor (6 yrs
& 1 day to 12 yrs). If committed by maternal grandparents or either of them, the
penalty shall be reclusion temporal ( 12 yrs & 1 day to 20 yrs)

Robbery Investigation
Article 293- Robbery in General

� Any person who, with intent to gain, shall take any personal property
belonging to another by means of violence or intimidation of any person, or by
using force upon anything shall be guilty of robbery.

Elements of Robbery

1. Unlawful taking of personal property

2. The property must belong to another

3. The taking is done with violence against, intimidation of any person or force
upon things

4. The taking is with intent to gain

How Robbery is committed?

The malefactors shall enter the house or building in which the robbery was
committed, by any of the following means:

1. through an opening not intended for entrance

2. By breaking any wall, roof, floor or breaking any window or door.

3. By using false key or picklocks

4. By using fictitious name or pretending the exercise of public authority

5. By breaking of doors, wardrobes, closets or any kind of locked or sealed

furniture or receptacle

6. By taking such furniture or objects away to be broken or forced open outside the
place of the robbery

General types of Robbers

� Amateurs- motivated by greed, the desire for a thrill and self-testing.

� Professionals- are those person who worked as a robbery as a trade making it

their living and having no other means of income.

� Notes: Robbery-This is the taking or personal property belonging to another,

with intent to gain, by means of violence against, or intimidation of any person,
or using force upon anything.
Investigative Techniques in Robbery cases:

a. The prober must initiate similar preliminary steps upon reaching the crime
scene.

b. Determine the point of entrance and point of exit by the perpetrator.

c. Determine the value of stolen articles.

d. The full and detailed description of the stolen articles.

e. Gather physical evidence.

f. Determine the modus operandi of the perpetrator as it would give leads in the
identification and arrest of the suspect.

g. Full and detailed description of a get- away vehicle if any, or vessel, boat in
cases of piracy.

h. Coordinate with other law enforcement agencies.

i. Exploit investigative leads.

j. Written testimony of the complainant witness.

k. Accumulate clues and traces at the scene of a crime which will serve to identify
the offender.

l. Develop informants in the local underworld who are aware of the activity of
robbery, particularly the activity of the semi-skilled amateur groups.(usually the
addict-robber).

m. Conduct a surveillance of likely fences and uncover and trace back stolen
property from its receiver to the robber.

n. Conduct surveillance of known burglars to ascertain if they are presently

committing robbery.

o. Accumulate information on various types of robber, the known and newcomers,

whether they are in or out of prison, whether they are active.

p. Be alert on a modified modus operandi.

q. In cases homicide is committed; follow the pattern of homicide investigation.

Physical Evidence to be collected:

1. Footprints

2. Fingerprints

a. Areas of break
b. Closets- prints may be found in door and jambs
c. Door knobs
d. Dressers
e. Pieces of furniture

a. Bottles and glasses

b. Walls
c. Tools
d. Desks

2. Clothings- sometimes the robbers exchange their own jackets with that one
found.

3 if a window was broken in effecting entry, glass particles maybe presents in the
trous

er cuffs and pockets of suspect. Samples of broken glass should be collected for
possible future comparison in the event that a suspect is picked up.

� Paint- if a crowbar has been used to force the window, paint may adhere to
the tool. Paint samples should be taken for future comparison.

� Tool marks

� Tools

� Observed odd behavior patterns in the crime scene.

� cords and ropes used

� Firearms used

� means of escape

Anti-Piracy and anti-highway robbery law of 1974 (P.D. 532)

� Piracy- any attack upon or seizure of any vessel, or taking away of the whole
or part thereof or its cargo, equipment or the personal belonging of its
complements or passengers, irrespective of value thereof, by means of violence
against or intimidation of persons or force upon things, committed by any persons,
including a passengers or member of the compliments of said vessels in Philippine
waters.

Anti-Cattle Rustling Law of 1974 (P.D. 533)

� Cattle Rustling- Is the taking away by any means, methods or scheme, without
the consent of the owner/raiser, or any of the above animals (cow, carabao, horse,
mule or other domesticated member of the bovine family) whether or not for profit
or gain, or whether committed with or without violence against or intimidation of
any person or force upon things. It includes the killing of large cattle, or taking
its meat or hide without the consent of owner/raiser

Anti-fencing law of 1979 (P.D. 1612)

� Fencing- is the act of any person, who, with intent to gain, for himself or
for another shall buy, possess, keep, acquire, concealed, sell or in any other way,
deal on any articles, items, objects, or any thing of value which he knows to have
been derived from the proceeds of crime or robbery or theft.
Fence- include any person, firm, organization, association or corporation or
partnership and other organization who/ which commits the act of fencing.
Arson Investigation

1. Elements of Arson

� .Actual burning took place

� Done with malicious intent.
� the burned is done by a person who is criminally and civilly liable.

2. Consummated Arson

A. The mere discoloration or scorching of a wooden wall by a fire is consummated

arson.

B. If the scorching is on the concrete wall where there is remote possibility of

the fire to spread, it is attempted arson.

C. The to set fire with the preparation of inflammable material at the placed to be
burned is attempted arson. There is no frustrated arson.
� 1. Fire triangle theory - the graphical presentation of the three elements of
fire, namely: oxygen, heat, and fuel.

� Each side is just as important as either of the other two sides. There cannot
be fire without all the three parts present in equal proportion.
� Using the same theory, there are three ways to extinguish fire.
1. Remove the fuel
2. Cut-off the oxygen supply
3. Reduce the temperature (cooling)

Elements of fire

1. Heat � A form of energy generated by the transmission of some other

form of energy, as in combustion or burning.
Heat sources:

1. Open flame

2. Electrical circuit

3. Sparks

4. Hot surfaces

5. Friction

6. All sources of ignition

2. Oxygen � A colorless, odorless, gas and one of the composition of the air which
is approximately 21% by volume

Oxygen sources

1. 21% of normal oxygen

2.78% of nitrogen
3.1% of other gasses

Oxygen Requirements
1.12% - no fire
2.14% - flash point
3.21% - fire point
3. Fuel � any substances which reacts chemically with oxygen and produces flames.

Fuel Sources :

1. Solid - molecule are closely packed together

2. liquid - molecules are loosely packed
3. Gas - molecules are free to removed

Fire Tetrahedron

The fire triangle theory describe the three elements of fire as shown
in figure.

1. Another explanation of the requirements of the combustion uses a four sided

figure of the tetrahedron as shown in figure

2. Both theories are used to explanation what causes fire

The fourth elements of tetrahedron explanation is known as chemical

reactivity, or chemical reaction.

Components / elements of the fire tetrahedron ;

1. Oxygen (oxidizing agent)

� Oxidizing agents are those materials that yield oxygen or other oxidizing
gases during the process of a chemical reaction. Oxidizer are not themselves
combustible, but they support combustion when combine with a fuel for purposes of
discussion, the oxygen in the air the surrounding area is consider the primary
oxidizing agents

2. Fuel ( Reducing Agents )

� Fuel is the materials or substances being burned in the combustion process.

In scientific terms, the fuel in a combustion reaction is known as the reducing
agents. Most common fuels contain carbon along with combination of hydrogen and
oxygen.

3. Heat ( temperature )

� Heat is the energy components of the fire tetrahedron, when heat comes in
contact with a fuel, the energy supports the combustion process.

Combustion

Fire and combustion are term that are often used interchangeable.
Technically speaking, fire is a form of combustion. Combustion is a self-sustaining
chemical reaction producing energy or products that cause more reaction of the same
kind. Combustion is an exothermic reaction

Products of combustion

Four (4) categories of products of combustion:

1. Fire gases � are those that remain when other products of combustion cool to
normal temperature. Common combustibles contain carbon, which forms carbon dioxide
and carbon monoxide when burned. Other fire gases include hydrogen sulfide, sulfur
dioxide, ammonia, hydrogen cyanide, nitrous and nitric oxide, phosgene, hydrogen
chloride.

The fire gases that form depend on the chemical composition of the fuel, the
percent of oxygen present, and the temperature of the fire.

The records of fatal fires show that more people died from inhaling these
super-heated and toxic fire gases than from any other cause.

The complete combustion of fuels containing carbon will produce CO2, but
seldom will there be enough oxygen for complete combustion. When only part of the
carbon is oxidized, carbon monoxide is formed. While carbon monoxide is not the
most toxic fire gas, it causes more deaths than any other because it robs the body
of oxygen.

It burns rapidly when combined with oxygen at high temperatures, causing

dangerous back draft explosions. Carbon monoxide, which is also produced by slow
oxidation, is found in sewers, caves, wells, stoves, furnances, and automobile
exhaust.
Types of Poisonous Gases:

1. Hydrogen sulfide (H2S) � A fire gas formed during fires involving organic
material containing sulfur, such as: rubber, hair, wood, meats, and hides. It is
colorless, highly, toxic gas with the strong odor of rotten eggs. Exposure for even
a short time is dangerous. It will ignite at 500d degrees F (260 Degrees C ).

2. Hydrogen cyanide (HCN) � a toxic fire gas found in oxygen-starve fires

involving nitrogen-containing materials such as wool, silk, urethane, polymides,
and acrylics. This gas is also used as fumigant which can pose serious danger to
fire firefighters working in recently fumigated buildings. Hydrogen cyanide smells
like bitter almonds which may not be easily detected.

3. Hydrogen chloride (HCL) � A Gas which can be fatal after only a few
breaths is produced in fire involving chloride-containing plastic. Plastic can be
found anywhere ; from furnishing to electrical insulation, conduit and pipings.

Flame
It is the luminous body of a burning gas which gets hotter and less luminous
when mixed with more oxygen. Flame fades when carbons burns completely, so flame is
considered a product of incomplete combustion.

Heat

A form of energy measured in degree of temperature, it is the product of

combustion that spread the fire. It cause burns and other injuries such as
dehydration, heat exhaustion, and respiration tract injuries. Heat, oxygen
depletion, and carbon monoxide formation are the primary hazards in fires

Smoke

It is the visible product of incomplete combustion usually a mixture of

oxygen, nitrogen, carbon dioxide, carbon monoxide, finely divided particles of soot
and miscellaneous assortment of product release from the burning materials
Back draft

Firefighter operating at fires in building must use precautionary measures

when opening a building to gain entry by providing ventilation either by the
horizontal/ cross ventilation ( opening doors or windows ) or vertical ventilation
( opening a hole at the highest portion of the affected part of the building. As
the fire grows in the confine area, large volume of hot, unburned fire gases can
collect in unventilated spaces. These gases may be at or above their ignition
temperature but have insufficient oxygen available to actually ignite. Any action
taken during fire fighting operations that allows air to mix with these hot gases
can result in an explosive ignition called backdraft.

The danger for backdraft can be minimized with proper application of vertical
ventilation causing the unburned gases rise and release through the opening before
an entry is made.

Flashover

Flashover occurs when a room or other area is heated enough that flames
sweep over the entire surface. Firefighter originally believe that combustion gases
released during the early stages of the fire cause flashover by collecting at the
ceiling and mixing air until they burst into flames.

Four (4) classes of fire

Class A � material involving vegetable fibers, wood, paper straw, gain and grass;
combustible minerals such as coal and coke. Nearly all thrash fires are considered
as class A.

Class B � material including petroleum products such as gasoline, fuels oil,

lubricants oils, and greases; animal fats such as butter, lard, and tallow,
vegetable extract such as alcohol, linseed oil, and turpentine; vegetable compound
such as shortening and oleomargarines; natural gases and compressed gases such as
butane, propane, hydrogen, and acetylene.

Class C - this type of fire involves electrical motors, electrical appliances, and
apparatus. Actually a class C fire is composed usually of class A and class B
materials combination of both. Use of water is usually dangerous because of the
risk of electrical shock.

Class D � these are materials involving combustible metals, alloys, or metals

compound either in a solid, semi-solid or liquid state. They may further reduce in
shavings, grinding, granules, or dust. Some liquid metals are kept in a liquid
state under pressure. Usually these liquid metals are; sodium (NA), magnesium,
titanium, sodium potassium, and uranium as well as pyrophoric organometallic
reagents such as alkylithiums, grignards and diethylzinc.
These type of materials burn at high temperature and will react violently with
water, air, and/or other chemicals.

Type of heat transmission

1. Conduction

it is the transmission of heat through an object / medium or

conductor, such as pipe, metal, hot-air, wire, or oven wall.

2. Radiation

the transmission through the discharge and spread of heat form a heated or
burning source. This radiation takes place through the air or through space that
cause another flammable object to ignite.

3. Convection

It is the transmission of heat by moving current of liquid or gas. When these

gases or liquids are heated, they start to move within themselves; and by their
free motion, circulation starts.

4. Flame Contact

Heat may be conducted from one body to another by direct flame contact. Fire
spreads along or through burning material by flame contact. When a material is
heated to the point where flammable vapors are release, the vapors may be ignited.
Any other flammable materials may be heated to its ignition temperature by direct
contact with the flame or burning vapors.
Intensity

Intensity of fire means simply �how hot the fire is burning.� some types of
fuels naturally burn hotter (more intensely) than others. For examples, a gasoline
fire burns hotter than a wood fire, while an acetylene flame is hotter than a
gasoline flame.

Factors to determine the intensity of fire:

� type of fuel
� percentages of oxygen present
Magnitude of fire

The magnitude of fire means the size of a fire, and it is governed by the
surface area of fuel exposed to the air. The magnitude of fire is not always
determined by the amount of fuel involve but more often buy the amount of fuel
exposed to the air.

Prima facie evidence of arson (PD 1613and Art.326-B, RPC)

A. If the fire started simultaneously in more than one part of the building or
establishment;

B. if substantial amount of flammable substances or materials are stored within

the building not necessary on business of the offender or for household use;

C. if after the fire, materials or substances soaked in flammable or any

mechanical, electrical, chemical, or electronic contrivance design to start a fire
or ashes or traces of any of the fire going are found.

D. if the building or property is insured substantially more than it actual value

at the time of the fire

E. if during the lifetime of the corresponding fire insurance policy, more than
two fires had occurred in the same or other premises owned and under the control of
the offender or insured.

F. if shortly before the fire, a substantial portion of the stocks insured and
stored inside the building were withdrawn not connected with the ordinary course of
business.

G. if a demand for money or other valuable considered was made before the fire
in exchange for the desistance of the offender or for the safety of the person or
property of the victim.

Special Aggravating circumstances of arson (Sec. 4 PD 1613)

A. Committed with intent to gain.

B. committed for the benefits of the others.

C. offender is motivated by spite, revenge or hatred towards the owner or

occupant of the house.

D. committed by the syndicate. A syndicate consist of three or more persons who

planned and carried out the crime.
Methods in Incendiary Fire

A. Plants and trailers � a preparation to set a fire is term, PLANT it is

designed to feed the fire as rapidly as possible when the ignition device is
lighted.

A trailer can be compared with the wick that must cause fire not only in one
place but could conceivably create an instantaneous fire through out an entire
building.

B. Combustible material and substances � like gasoline, kerosene, alcohol, paints,

thinner, varnish and others,

C. Mechanical contrivances � Matches lighted cigarettes, candles, flares, etc.

D. Gas and electrical appliances - gas range, toaster, hot plate, iron, switches,
soldering iron, and etc.

E. Chemical contrivances � acids, phosphorus or calcium hypochlorite � contact with

soda pop cola produces immediate chemical reaction and result of fire.

Types of fire setters;

A. Arson for profit (insurance)

B. Solitary fire setters � they set fires secretly for revenge or spite. The
reason are low intellect, senility, intoxication and psychological disorders.
Include in this category are pyromaniacs, security guards who want to be a hero,
the teenager who will set fire to help the fireman the house wife who wants the
husband to come home at night, the psychotic fire setter and the sexual derives
sexual gratification for seeing the fire.

C. Group fire setter � as a means of vandalism by teenager or by peer pressure,

riot fire is also done by group as an outburst of violence, tension or social
unrest as a result of mob role.
How to locate the origin of fire;

A. By witness � the first who discovered the fire.

B. Low point burning � the lowest point of burning should be given the out most
consideration in locating the origin of fire. Fire will burned upward.
C. charring � the char will generally be deepest from the where fire
originated. When the fire is extinguished quickly the charring is only slightly
below the surface.

Color of smoke

A. Steam and smoke- presence of humid substances in contact with combustible

materials

B. White smoke � indicates the presence of phosphorus.

C. Grayish smoke- cause by ashes and soots of loosely packed materials such as
straw or hay.

D. Black smoke � coming from a material with petroleum base such as rubber,
tar, coals, turpentine, or petroleum gum.

E. Reddish brown of yellow smoke � presence of nitrates or substances

compounded with nitrates such as nitric acid plastics, films. or cellophanes.

3.3 Scientific approach and procedures in conducting crime scene search, sketch,
collection and care of physical evidence on special cases;