FUNDAMENTALS OF CRIMINAL INVESTIGATION AND “Investigacion” which means a searching into

INTELLIGENCE
CRIMINAL INVESTIGATION
LYEN CAREL T. GARCIA
It is an art or science (as well) which deals with the
TOP 1 identity and location of the offender

CLE JUNE 2022 and provides evidence of guilt through criminal

proceedings.

It is more an art than a science for it is not governed

CRIMINAL by rigid rules, but more often rule by intuition,
felicity of inspiration, and to a minor extent, by
May be defined in three different views: chance or luck
CRIMINOLOGICAL SENSE ART
A person may be considered as a criminal from the According to Hans Gross, Criminal investigation is
time he or she committed the crime regardless 95% PERSPIRATION,
whether or not it has been reported to the police for
investigation. 3%INSPIRATION, 2% LUCK

CRIMINAL JUSTICE SENSE SCIENCE

A criminal may be defined as one who has Criminal Investigation is a SCIENCE because it is
undergone the process and went through all the based on adequate preparation and abundance of
pillars of the Criminal Justice System certain qualities.

LEGAL SENSE • Involves the systematic process of

identifying, collecting, preserving, and evaluating
A person may be considered a criminal only upon information for purposes of bringing a criminal
undergoing in the Judicial process and upon offender to justice.
determination by the court that he or she is guilty
beyond reasonable doubt • It is the collection of facts in order to
accomplish the three- fold aims:
INVESTIGATION
Identify the guilty party; Locate the guilty party; and
Literally means the act or process of careful inquiry Provide evidence of his guilt.
or research; and defined by Webster’s as the
systematic examination of some scientific detail or ANCIENT ROOTS OF INVESTIGATION
question whether by experiment or mathematical
treatment. 1720’s – History of investigation started in England.
It was during the time of JONATHAN WILD - a buckle
Origin of the word: maker then a brothel operator; a master criminal
who became London’s most effective criminal
Latin word: investigator. He was the most famous Thief Catcher
in 1720’s for pioneering the logic of “employing a
“Investigare/Vestigare or Investigatus” which means
thief to catch a thief”.
to trace or track.
Two Classes of Early Thief Catchers:
“Vestigium” which means footprint
1. Hirelings – whose motivations were
“Investigationem” which means searching for
mercenary in nature;
Old French:
2. Social Climbers – who would implicate their
accomplices in order to move up the social ladder.
1749, England – HENRY FIELDING a magistrate for 1877, England – HOWARD VINCENT -a civilian lawyer
Westminster and Middlesex in London, who founded who became the head of the Criminal Investigation
a group of non-uniformed thief catchers attached to Department hired by Sir Robert Peel.
the Bow Street Court whose function was to detect
and watch criminals.

SIR JOHN FIELDING – the blind younger brother of 1882, France -ALPHONSE BERTILLON – a French
Henry Fielding who took over the control of the Bow Police Clerk who was recognized as the founder of
Street Court in 1753. This time he called it as the Criminal Identification for introducing the first
“Bow Street Runner” which was considered as the systematic identification system based on
first privately paid group to follow-up investigation Anthropometry.
of crime. He initiated the practice of developing paid
informants, printing wanted notices, employing 1887, England – DR. ARTHUR CONAN DOYLE – was a
criminal raids, and bearing firearms and handcuffs. British writer and physician, most noted for creating
the fictional detective Sherlock Holmes and writing
1811, France – EUGENE “FRANCOIS” VIDOCQ – a stories about him which led to the public
former convict who became a Paris Investigator who consciousness for forensic science.
introduced the trade protection policy which
became the forerunner of the credit card system. 1891 – DR. HANS GROSS, was an Australian Criminal
Jurist who published the book “Criminal
1829, London – SIR ROBERT PEEL (the Father of Investigation” introducing the first comprehensive
Modern Policing System), founded the London description of physical evidence in solving problems.
Metropolitan Police Credited in coining the word “CRIMINALISTICS”

– the SCOTLAND YARD Bobbies. He presented the art Father of Criminalistics/Criminal Investigation
and techniques of surveillance such as detectives
concealing themselves while discreetly taking 1954, USA – DR. PAUL KIRK, one of the best known
photograph and recording conversation. American Criminalist, headed the Department of
Criminalistics at the University of California, USA.
1835, USA – TEXAS RANGERS was organized as first
law enforcement agency with statewide investigative 1961, MAPP VS. OHIO - US Supreme Court ruled that
authority, the forerunner of the Federal Bureau of “illegally obtained evidence is inadmissible”. The
Investigation (FBI case that established the “Doctrine of the Fruit of
the Poisonous Tree”.
1852, USA – ALLAN PINKERTON became America’s
most famous private investigator who was 1966, MIRANDA VS. ARIZONA - established the rights
considered as the founder of American Criminal of a person under custodial investigation.
Investigation System.

Spearheaded the use of the telegraph, the railroads

CONCEPT AND PRINCIPLES OF CRIMINAL
and photography
INVESTIGATION
He can also be credited with establishing the
CRIMINAL INVESTIGATOR
practice of handwriting examination in U.S. courts
-He is the skilled person who is charged with the
Credited for perfecting the techniques of
duty of conducting criminal investigation when a
Undercover Investigation.
crime is committed.
1856, USA -MRS. KATE WARNE – was the first
woman detective hired by Pinkerton agency.
PRIMARY JOB OF AN INVESTIGATOR

The primary job of the investigator is to discover

whether or not an offense has been committed
under the law, after determining what specific e. THE KNOWLEDGE OF PSYCHOLOGY AND
offense has been committed, he must discover how OTHER NATURAL
it was committed, by whom, where it was
committed, when and why it was committed. SCIENCES – He must know the different patterns of
human behavior, the prevailing situations in a
specific environment and the laws of nature. This is
an armor to detect deceptions, and lies when dealing
with witnesses, and informers and suspects.

SIX CARDINAL POINTS OF INVESTIGATION f. ACTING ABILITY – It is the ability to go down

to the level of the minor, the prostitute or slum
WHAT specific offense has been committed? dwellers or the level of the other professionals or
Nature of crime the members of the elite.
WHERE crime was committed? Place or location g. MASTERY OF THE ORAL AND WRITTEN
COMMUNICATIONS – in
WHEN it was committed? Time and date
order that he will not suffer setbacks in getting
WHOM it was committed? Persons/s
accurate facts.
involved

WHY it was committed? Reason or motive

of Committing the crime h. THE KEEN POWER OF OBSERVATION AND
DESCRIPTION – these
HOW it was committed? Manner, method
or modus operandi are very important in crime scene investigation and
in interview and interrogation.

i. COURAGE – it is the moral fortitude to tell

QUALITIES OF INVESTIGATOR
the truth no matter who will be hurt.
a. PERSEVERANCE – steadfastness, persistence
j. WORKING KNOWLEDGE OF CRIMINAL LAW,
and resolution to bring the desired conclusion
EVIDENCE, CRIMINAL PROCEDURE, AND PENAL
inspite of obstacles connected with criminal
SPECIAL LAWS.
investigation.
k. SENSE OF JUSTICE AND FAIR PLAY
b. ENDURANCE – The ability to last physically
and mentally hence, he must have the extra ordinary l. THE POWER TO READ BETWEEN THE LINES
physical and mental energy, enduring sleepless
nights and tiresome days. m. WORKING KNOWLEDGE OF
MARTIAL ARTS AND FIREARMS
c. INCORRUPTIBLE HONESTY AND
INTEGRITY – In the PROFICIENCY – He will find himself in many
occasions that he will be alone in confronting,
practice of this art, there is the ever temptations of arresting, bringing to headquarters and interrogating
money, women and drinks, where these are present the suspect.
in every corner playing tricks and temptations

THREE TOOLS OF INVESTIGATION

d. THE INTELLIGENCE AND WISDOM OF
SOLOMON – This is very (3 I’s of Investigation)

important in order that the investigator could easily

decipher falsehood from truth and separate the
grain from the chaff.
INFORMATION INTERVIEW AND INTERROGATION FORMS OF INFORMATION

INSTRUMENTATION 1. SENSORY FORM– 5 senses

2. WRITTEN FORM – Affidavits

INFORMATION 3. PHYSICAL FORM – Physical Evidence

It is the knowledge of facts which the investigator

had gathered from persons or documents, which are
pertinent relevant concerning the commission of PERSONS AS SOURCES OF INFORMATION
criminal activities.
INFORMANT NET – It is a controlled group of people
who worked through the direction of the agent
handler.
TWO GENERAL CLASSIFICATIONS OF SOURCES OF
INFORMATION: INFORMANTS (ASSET) – people selected as
sources of information, which could be voluntary, or
in consideration of a price.

1. OPEN SOURCES – 99% (OVERT)

2. CLOSE SOURCES – 1% (COVERT) INFORMANT

Is any person who furnishes the police information

relevant to a criminal case about the activities of
INFORMATION CLASSIFIED AS TO SOURCES: criminals or syndicates. They provide information to
the prober voluntarily without any consideration.
1. REGULAR SOURCES
INFORMER
-records, files from government and non-
government agencies, news items. The person who provides information to the police
on a regular basis mainly for purposes of rewards or
- The bulk of information of this nature is remuneration. They are either paid regularly or on a
news items. case-to-case basis, or none at all

2. CULTIVATED SOURCES TYPES OF INFORMANTS

- information furnished by INFORMANTS OR Anonymous Informant – one who provides
INFORMERS information to law enforcement while refusing to
identify himself or herself.
- information gathered upon initiative of the
investigator from informants, vendors, taxicab Rival-Elimination Informant – gives information to
driver, GRO, and others. eliminate the rival person or gang due to
competition or other motives such as revenge.

False Informant – reveals information of no

3. GRAPEVINE SOURCES
consequence or no value.
- these are information coming from the
Frightened Informant – motivated by anxiety; he
underworld characters such as prisoners and ex-
may be one of the lesser gang members who runs to
convicts.
the police when his gang mates are about to be
involved in dangerous situation or when the gang he
belongs is hot on the police trail. They are
considered as the weakest link in the composition of MOTIVES OF INFORMANTS
the criminal chain.

b. Civic-mindedness
Self-Aggrandizing Informant – this kind of informant
moves around the center of criminals, group or c. Fear
syndicate and delight in surprising the police about
bits of information. d. Repentance

Mercenary Informant – Sells information. He/she e. Avoidance of punishment

could be one of the members of the syndicate.
f. Competition
Double-Crosser Informant – confesses information
g. Revenge
as an excuse to talk to the police in order to get
more information from them more than he gives. h. Jealousy
Woman Informant – she could be an associate of the i. Remuneration
syndicate. She uses her body, charm & beauty to
obtain more information.

Incidental Informant – individuals who furnish BASIC TO INFORMANT RECRUITMENT

information with no intention of repeating his
services of furnishing information on continuing 1. SELECTION – to be able to identify and
basis. recruit an informant who has access to many
criminals in-group or subversive organization. WIDE
ACCESS is probably the single most important
feature in consideration of recruiting the potential
Casual Informant – individuals who by social or informant.
professional position, possesses or has access to
information to the investigation unit, either in
response to a specific request or on his own
initiative. 2. INVESTIGATION – the investigation of the
potential informants that has tentatively identified
Automatic Informants – those by virtue of their as a “probable” must be as thorough as possible. It
official positions are expected or obligated to furnish must establish possible existing motives as to this
information openly to the investigation unit in person might assist the police Intel community.
normal course of their duty. Failure to do so will deny this office who must
perform the approach and persuasion phase with
Recruited Informant – individuals that are selected, little more that a guess. If necessary, conduct
trained and utilized as continues and covert sources complete background investigation (CBI)
of information concerning specific
counterintelligence targets.

Legitimate Informant - operators of legitimate 3. APPROACH – approach must be done in a

business establishments. setting from which might include pleasant
surroundings, perhaps a confidential apartment,
completely free form any probability of compromise,
preferably in an adjacent city or a remote area
foreign to the informants living pattern.

4. TESTING – the testing program should

a. Vanity begin, of course, with the limited assignment, with a
gradual integration into the more important areas.
The occasional testing of an informant should d. Obtain confession/admission
continue through the entire affiliation.

INTRUMENTATION
INTERVIEW AND INTERROGATION
Scientific examination of real evidence, application
A Philosophy of Interview and Interrogation: of instruments and methods of physical sciences in
detecting crime. It is the sum total of the application
of all sciences in investigation known as
“Criminalistics”.
The RIGHT officer asking the RIGHT questions
It is the application of instruments and methods of
in the RIGHT manner physical science to the detection of crimes. In cases
where there are no significant physical evidence to
at the RIGHT time and in the RIGHT place will get the
be found, then the use of instrumentation is
RIGHT answers.
relatively unimportant.

INTERVIEW
THE POLICE SCIENCES INVOLVED
It is the simple questioning of a person who
The police sciences involved: Polygraphy
cooperates with the investigator. These are
witnesses who voluntarily give their accounts about Police Photography Forensic Medicine
the commission of the crime.
Forensic Chemistry-Toxicology Forensic Ballistics
Is a conversation with a purpose, motivated by a Dactyloscopy
desire to obtain certain information from the person
being interviewed as to what was done, seen, felt, Questioned Document Examination Odontology
heard, tasted, smell or known.
Forensic Psychology
This is the questioning of a person believed to
possess knowledge that is in official interest to the Forensic Computer Technology
investigator.

INTERROGATION

Is the skillful questioning of a hostile person

suspecting of having committed an offense or a
person who is reluctant to make a full disclosure of
information in his possession which is pertinent to PHASE I
the investigation.

PHASES OF CRIMINAL INVESTIGATION

Purposes/Objectives of Interrogation

a. To obtain valuable facts.

IDENTIFY THE SUSPECT
b. Eliminate the innocent.

c. Identify the guilty party; and

PHASE II
LOCATE AND APPREHEND THE SUSPECT/S require proof and cannot be contradicted unless
previously shown to have been made through
palpable mistake."

PHASE III

GATHER AND PROVIDE EVIDENCE TO ESTABLISH THE 2. Extra-Judicial Confession – made by the
GUILT OF THE ACCUSED. suspect during custodial investigation this must be
supported by evidence of “Corpus Delicti”

PHASE I: IDENTIFY THE SUSPECT

KINDS OF EXTRA-JUDICIAL CONFESSION

VOLUNTARY EXTRA-JUDICIAL CONFESSION - The

THE FOUR METHODS OF INDENTIFYING THE confession is
CRIMINALS
voluntary when the accused speaks of his free will
1. BY CONFESSION OR ADMISSION and accord, without inducement of any kind, with a
full and complete knowledge of the nature and the
2. BY ACCOUNTS OR TESTIMONIES OF
consequence of the confession.
WITNESSES (EYE WITNESS)

3. BY CIRCUMSTANTIAL EVIDENCE
RULES TO BE OBSERVED
4. BY ASSOCIATIVE EVIDENCE
• Must be taken preferably in writing and
under oath
CONFESSION AND ADMISSION
• It must be written in the language known
CONFESSION – It is the direct acknowledgement of and understood by the accused, if not it must be
guilt arising from the commission of a crime. A clearly translated
statement of the suspect directly acknowledging his
• It must be freely and voluntary given by the
guilt.
accused

• Under the New Constitution, it must be

ADMISSION – A self-incriminatory statement by the taken in the presence of competent and
subject falling short of an acknowledgment of guilt. independent counsel chosen by the accused
It is the acknowledgement of fact or circumstance
• Signed by the confessant or thumb marked
without accepting guilt.

INVOLUNTARY EXTRA-JUDICIAL CONFESSION -

TYPES OF CONFESSION
Confessions obtained through force, threat,
1. Judicial Confession – made by the intimidation, duress or anything influencing the
suspect/accused in voluntary act of the confessor

open court.
IMPORTANT NOTE:

Sec. 2, Rule 129, Rules of Court states that "Judicial • Confessions obtained from the defendant
Admission is made by the party in the pleadings, or by means of force or intimidation/violence is NULL
in the course of the trial or other proceedings do not
AND VOID, and cannot be used against him/her in Is a means of selecting a suspect mixed with a group
the trial. of innocent persons usually composed of seven to
ten persons. The purpose of line-up is to eliminate
• A confession made under the influence of the power of suggestion.
spiritual advice or exhortation is not admissible.

• The same through as confession made

under the influence of paternal sentiment is not B. PHYSICAL SHOW-UP
admissible as evidence.
Only one person is shown to the witness usually at
the scene of the crime and made immediately after
the arrest of the suspect.
ACCOUNTS OR TESTIMONIES OF WITNESSES (EYE
WITNESS)

CIRCUMSTANTIAL EVIDENCE

Kinds of Criminals Identified by Witnesses: Facts or circumstances from which, either alone or in
connection with other facts, the identity of the
a. Known Criminals (Fugitive) person can be inferred.

These are criminals whose pictures are available

from police files and records.
What must be inferred to prove
b. Unknown Criminals (Fugitive) identity by circumstantial evidence?

These are criminals whose identification are Motive – is what induces the criminal to act
furnished by eyewitness only.
Intent –is the result or accomplishment of the act

Opportunity –is the physical possibility that the

Methods of Identification by witness suspect could have committed the crime.

a. Portrait Parle (Verbal description) - French

word of “speaking likeness”, depends on the ability
of the witness to observe, describe and compare. ASSOCIATIVE EVIDENCE

b. Rogues Gallery - the use of photographic Physical evidence which may identify the criminal by
files, successful if there is an existing photograph of means of clues, personal properties, or
the suspect on police files. characteristics patterns of procedure deduced from
the arrangement of objects at the crime scene. The
c. General Photograph - variety of facial types offender may leave some clues at the scene, such as
showing different features of the face is presented weapons, tools, garments, fingerprints, foot
to the witness by the investigator. impressions etc.

d. Artist/Cartographic sketch- the witness and Crimes of violence may leave evidence of physical
prober develop a picture of the criminal with the struggle.
help of skilled cartographer. (Composite Criminal
Illustration)

MODUS OPERANDI

PROCEDURES OF IDENTIFICATION BY EYEWITNESSES: Is the method of operation by a specific criminal or

criminal syndicate. It is a distinct pattern of how a
A. PHYSICAL LINE-UP/POLICE LINE-UP crime is committed and is established by a series of
crimes under one classification. The modus operandi
of one criminal is distinct and different from the Pre-Surveillance Conference – a conference held
other. It is a criminal trademark, logo or brand name. among the team members, the police intelligence
unit before surveillance is conducted.

Surveillance Plan – a plan established as required

INSP. THOMAS BYRNES according to type of personnel, and the general
and specific instructions for surveillance.
American founder of criminal “Modus Operandi”
(“MO”) Area Target Study – refers to the area of operation
of surveillance activities. Surveillant –
a person who conducts
surveillance with includes only
IMPORTANCE OF MODUS OPERANDI
observations.
A. It is one of the most useful means of
Stakeout or Plant – is the observation of places or
identifying unknown fugitives. Thus every
areas from a fixed point.
investigation unit should maintain a modus operandi
file. Tailing or Shadowing – it is the observation of a
person’s movement. Undercover Man – it refers to a
B. For use of Security Education Programs of
person trained to observe and penetrate certain
the citizenry over the radio or television programs or
organization suspected of illegal activities and later
in seminars about safety education.
reports the observation and

information’s that proper operational action can be

PHASE II – LOCATE THE SUSPECT made

SURVEILLANCE Liason Program – the assignment of trained

intelligence personnel to other agencies in order to
Is the secret/discreet/clandestine observation of obtain information of police intelligence value.
persons, places, and vehicles for the purpose of (Agencies like the press, credit agencies, labor
obtaining information concerning the identities or unions, telephone companies)
activities of the subject.
Safehouse – is a place, building, enclosed mobile, or
an apartment, where police undercover men meet
for debriefing or reporting purposes.
TYPES OF SURVEILLANCE
Drop – any person in a convenient, secure and
1. TAILING/SHADOWING unsuspecting place where police undercover men
meet his action agent for debriefing or reporting
2. CASING/RECONNAISSANCE purposes.
3. UNDERCOVER OPERATION/ROPING Convoy – an accomplice or associate of the subject
used to avoid or elude surveillant.

– a cover supporting the surveillant who can become

SURVEILLANT – is the person who maintains the
a convoy whenever surveillant is burned.
surveillance or performs the observation.

SUBJECT – the person or place being watched or

surveyed.

CONSIDERATIONS IN SURVEILLANCE PLANNING

Contact – any persons whom the subject picks or e. COMBINED FOOT-AUTO SURVEILLANCE –
deals with while he is under observation and employment of surveillants on foot and agents in an
identifies the observer. automobile.

Made – when subject under surveillance becomes

aware that he is under observation and identifies the
observer. CASING OR RECONNAISSANCE

Lost – when the surveillant does not know the Is the surveillance of building, place or area to
whereabouts of his subject or the subject had eluded determine its suitability and vulnerability in
the surveillance operations.

TAILING OR SHADOWING  Casing- police term

- Observation of person and movement  Reconnaissance-military term

LOOSE TAIL- this is used when the shadower would

like to know the general impression of the subject’s
habit and associates METHOD OF CASING

ROUGH TAIL- this could be done even without 1. Personal Reconnaissance – the most
special precaution since the subject is aware that he effective method and will produced the most info
is being followed. since you know just what you’re looking for.

CLOSED TAIL- this is done with so much precaution 2. Map Reconnaissance – it may not sufficient
from loosing the subject where constant observation but it can produce a certain amount of usable
is necessary. information

3. Research - much info can be acquired

through research
METHODS OF SHADOWING
4. Prior Information – your unit and of the unit
a. ONE-MAN SHADOW –extremely difficult will have file report that they may provide you with
and should be avoided, if unavoidable keep subject info
in view at all times.
5. Hearsay –info usually gain by the person
b. TWO-MAN SHADOW – two agents are operating in the area and performing casing job
employed to follow the subject.

c. THREE-MAN SURVEILLANCE OR ABC

METHOD – reduces the risk of losing the subject, OBSERVATION AND DESCRIPTION (ODEX)
affords greater security agents detection.
OBSERVATION – a complete and accurate
d. PROGRESSIVE/LEAPFROG METHOD – This is observation by individuals of his surroundings and
used in attempting to locate the hideout of a subject encompasses the use of all the major sense to
from a vantage-point without moving after the register and recognize its operational or intel
subject. The following day the shadower/agent takes significance.
up a watch from the point at which the subject was
last seen. Poor chances of obtaining good results,
agents are stations at a fixed point assuming that DESCRIPTION – the actual and factual reporting of
subject followed the same general route each day. one’s observation of the reported sensory
experience recounted by another.
 COVER STORY – a biographical data through fictional;
that will portray personality of the agent he
PSYCHOLOGIST ESTIMATE THAT APPROXIMATELY assumed, a scenario to cover up the operation.

85% of our knowledge is gathered through sight COVER SUPPORT – an agent assigned in target areas
with the primary mission of supporting the cover
13% through hearing story.
2% through other three senses

TYPES OF COVER
ACCORDING TO INTENSITY AND SENSITIVITY

A. Discreet – subject is unaware that he/she is 1. NATURAL COVER – using actual or true
under observation background
B. Close – subject is aware that he/she is 2. ARTIFICIAL COVER – using biographical data
under observation. adopted for the purpose
C. Loose – applied frequently or infrequently. 3. COVER WITH A COVER – justification of
Period of observation may vary on each occasion. existence

4. MULTIPLE COVER – any cover you wish

ACCORDING TO METHODS

A. Stationary – observation of place on a fixed SELECTING ACTION AGENTS

point position.
1. Placement – location of prospective agent
• Stakeout Surveillance - is used when you with respect to the target
know or suspect that a person is at or will come to a
known location when you suspect that stolen goods 2. Access – it is the capability of a prospective
are to be dropped or when informants have told you agent to obtain the desired info for the Intel
that a crime is going to be committed. organization or to perform to Intel collection mission
in the area.
B. Moving – subject is followed from place to
place. • Primary Access – it is the access to the
desired info
C. Technical – uses communication and
electronic hardware, gadgets, systems and • Secondary Access – it is the access to the
equipment. desired info through a principal source where the
latter has the direct access

• Outside Access – the agent is employed

UNDERCOVER OPERATION/ROPING outside the target and merely monitor info from a
third person who is monitoring info of the area
Is a form of investigation in which the investigator
assumes a different and unofficial identity in order to
obtain information
CONTROL

Authority to direct the agent to carryout task or

COVER – the means by which an individual group of requirement on behalf of the clandestine
organization conceals the true nature of its acts and
or existence from the observer. organization in an acceptable manner and security
TWO CATEGORIES OF CONTROL PHASE III - GATHER AND PROVIDE EVIDENCE TO
ESTABLISH THE GUILT OF THE ACCUSED
1. Positive Control – is characterized by
professionalism and rapport like:

a. Agent motivation Physical Evidence

b. Psychological control Any object found at the CS

2. Negative Control – characterized by threat

and it include the following:
Testimonial Evidence
a. Disciplinary Action – includes verbal
reprimand for poor performance or insecure actions Testimony from victim or witness
withholding certain material rewards, reduction of
agents salary or in extreme situation the threat of
terminating professional relationship
Documentary Evidence
b. Escrow Account – control of an agent by
Records
putting his salary in a bank to be

withdrawn only after a fulfillment of a condition

PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS
c. Blackmail
CORPUS DELICTI– is the body of the crime or fact of
specific loss or injury sustained. It constitutes the
PROCUREMENT essential parts or elements in the commission of the
crime.
Is the aggressive effort to acquire certain specific
information that may not be readily available.
ASSOCIATIVE EVIDENCE – these are the pieces of
evidence that will link the suspect to the crime
PROCURING AGENT scene. Such as fingerprints, foot or shoe impressions
are examples.
1. AGENT IN PLACE – has been recruited by an
intelligence service within highly sensitive target

2. DOUBLE AGENT – an enemy agent, who has TRACING EVIDENCE – articles which assist the
been captured, turned around and sent back where investigator in locating the criminal.
he came from as an agent of his captors.

3. EXPENDABLE AGENT – an agent through

whom false information is leaked in the enemy

4. PENETRATION AGENT – an agent who has

reached the enemy gets information and would
Three important factors to be considered before a
manage to get back alive
PHYSICAL EVIDENCE may be introduced to court:
5. AGENT OF INFLUENCE – an agent who uses
influence to gain information
1. The article must be properly identified
6. AGENT PROVOCATION
2. Continuity or chain of custody must be GENERAL ACTIVITIES IN POLICE INTELLIGENCE
proved
1. Strategic Intelligence – it is an intelligence
3. Competency must be proved, activity which is primarily long range in nature with
that the evidence is little practical immediate operation value.
MATERIAL AND RELEVANT (Rules on admissibility)
2. Line Intelligence – it is an intelligence
activity that has the immediate nature and value
necessary for more effective police planning and
INTELLIGENCE operation.

It is the product resulting from the collection, 3. National Intelligence - it is the integrated
evaluation, analysis, integration and interpretation product of intelligence developed by all the
of all available information which should be known governmental branches, departments concerning
in advance to initiate a particular course of action. the broad aspect of national security and policy. It is
concerned to more than one department or agency
and it is not produced by single entity. It is used to
coordinate all the activities of the government in
BROAD CATEGORIES OF INTELLIGENCE
developing and executing integrated and national
NATIONAL INTELLIGENCE policies and plans.

Knowledge formed from the integration of the 4. Counter-Intelligence – phase of intelligence

intelligence developed by all government covering the activity devoted in destroying the
departments, which provide the valuable inputs or effectiveness of hostile foreign activities and to the
the formulation of national policy and the promotion protection of info against espionage, subversion and
and enhancement of national security. sabotage.

5. Undercover Work – is an investigative

process in which disguises and pretext cover and
DEPARTMENTAL INTELLIGENCE deception are used to gain the confidence of
criminal suspects for the purpose of determining the
Knowledge required by an agency or department of nature and extent of any criminal activities that
the government in order to execute its mission. maybe contemplating or perpetuating.

MILITARY INTELLIGENCE FUNCTIONAL CLASSIFICATIONS OF POLICE

INTELLIGENCE
It is the intelligence used in the preparation of
military policies, plans and programs.  Criminal Intelligence(CRIMINT)

– essential to the prevention of crimes, investigation,

arrest and prosecution of criminal.

POLICE INTELLIGENCE
 Internal Security Intelligence(INSIT)
It is the product resulting from the collection,
evaluation, analysis, integration, and interpretation – essential to the maintenance of peace and
of all available information which concerns one or order.
more aspect of the criminal environment which is
immediately or potentially significant to police
planning.
 Public Safety Intelligence(PUSINT)
– ensuring the protection of lives and 2. Recording – is the reduction of info
properties. into writing or some other form of graphical
representation and the arranging or this info into
writing or some form of graphical representation
and the arranging of this into groups of related
THE INTELLIGENCE CYCLE items.

The single most important part of intelligence 3. Evaluation – examination of raw

activity is the understanding the intelligence cycle information to determine intelligence value,
because MISSION, which is the core of the cycle, pertinence of the information, reliability of the
serves as the foundation of all intelligence source and agency, and its credibility or truth of
operations. Every operative must therefore place information.
into mind the following phases of the cycle:
Evaluation is the determination of the pertinence of
the info to the operation, reliability of the source of
or agency and the accuracy of the info. Evaluation
PHASE 1 - Planning the Collection Effort
determines the following:
This phase of the cycle involve the determination of
 Pertinence
the requirements of intelligence. It is concerned with
identifying the so called Priority Intelligence  Reliability
Requirement (PIR) or formerly Essential Element of
Information (EEI) - an item of intelligence or  Credibility
information of the characteristics of the area of
operations and the enemy, which the commander
feels he needs before he can reasonably arrive at a
decision. THE EVALUATION GUIDE

PHASE 2 - Collection of information ACCURACY OF INFORMATION CPROPODIT

RELIABILITY OF INFORMATION CUFNUR
This phase of the cycle is concerned with SOURCE OF INFORMATION DRRIOD
identification of the collecting agency, the
formulation of procedures on the manner of 1- CONFIRMED by other
collecting the information in conjunction with the
plans as achieved in phase one. sources A- COMPLETE RELIABLE T- Direct
Observation by

Comdr/Chf of Unit
PHASE 3 - Processing the Collected Information
2- PROBABLY TRUE B- USUALLY RELIABLE
U- Report by DPA or Resident Agent

This phase of the cycle is concerned with the 3- POSSIBLY TRUE C- FAIRLY RELIABLE
examination and collation of all collected V- Report by PNP/AFP Troops
information.
4- DOUBTFULLY TRUE D- NOT USUALLY RELIABLE
Steps in Processing Raw Information W- Interrogation of Captured Enemy

1. Collection – organization of raw 5- IMPROBABLE E- UNRELIABLE X- Observation of

data and information into usable form; grouping gov’t/civilian employee
similar items of information so that they will be
readily accessible.
6- TRUTH can not be judged F- REALIBILITY persons of doubtful loyalty to the government, from
cannot be judged Y/Z- Documentary gaining access to classified matter or to any security
facility, and to prevent appointment, or retention as
employees of such individuals,

The Security “Chain”: Personnel Security is the

“weakest link” in the security “chain”.
4. Interpretation – it is establishing the
meaning and significance of the information. It
involves the following activities:
What is Personnel Security Investigation (PSI)?
 Analysis – shifting and isolating those
elements that have significance in light of the It is an inquiry into the character, reputation,
mission or national objective. discretion and loyalty of individual in order to
determine a person’s suitability to be given security
 Integration – combining the elements clearance.
isolated in analysis and known information to form a
logical picture or theory.

 Deduction – the formulation of conclusions TYPES OF PERSONNEL SECURITY INVESTIGATION

from the theory developed, tested and considered (PSI)
valid – determination of effort and meaning of the
information. • National Agency Check (NAC)

• Local Agency Check (LAC)

PHASE 4 - Dissemination and Use of Information • Background Investigation (BI)

This phase of the cycle refers to the activities of This is more comprehensive investigation than the
transferring the processed information to the proper NAC or the NAC and LAC. A through and complete
users, most particularly the authority that requires investigation of all or some of the circumstances or
the activity. Processed information can be aspects of a person’s life is conducted.
disseminated through annexes, estimates, briefing,
message, reports, overlays, and or summaries. This type of personnel Security Investigation may
either be a complete (CBI) or a partial Background
Investigation (PBI).

ASPECTS OF SECURITY

1. Complete Background Investigation –

Consist of the investigation of the background of a
1. Physical Security person, particularly all the circumstances of his
personal life.
2. Personnel Security
2. Partial Background Investigation – Consist
3. Document and Information Security of the investigation of the background of an
individual but limited only to some of the
circumstances of his personal life which are deemed
pertinent to the investigation. Normally, the request
1. PERSONNEL SECURITY – Safeguarding by
for the investigation will indicate the specific
physical means
personal circumstances to be covered. This type of BI
2. PESONNEL SECURITY is also used to further develop questionable
information contained in another investigation
Personnel Security includes all the security measures report.
designed to prevent unsuitable individuals or
 Ciphers – a way of changing a message to keep it
secret.
3. DOCUMENT AND INFORMATION SECURITY
Encryption – is the process of translating plain text
CLASSIFICATION OF DOCUMENTS data into something that appears to be random and
meaningless.
-Memorandum Circular No. 196, dated 07/19/1968
(Security of Classified Matter in government offices.) Decryption – process of converting ciphertext back
to plaintext.
1. TOP SECRET – any information and material,
the unauthorized disclosure of which would Plaintext(clear text) – original communication to be
scrambled or enciphered.
cause exceptionally grave damage to the nation,
politically, economically or militarily; Cryptogram (cipher text) – product of the
enciphering process.
2. SECRET- any information and material, the
unauthorized disclosure of which would endanger Cryptanalysis – it refers to the science of breaking
national security, cause serious injury to the interest codes and ciphers
or prestige of the nation or any governmental
activity.

3. CONFIDENTIAL – any information and CRIME SCENE INVESTIGATION

materials, the unauthorized disclosure of which
would be prejudicial to the interest or prestige of the
nation or governmental activity or would cause
administrative embarrassment or unwarranted
injury.
• Is a comprehensive inquiry of a crime by
4. RESTRICTED – any information and material conducting systematic procedure of various
which requires special protection other than investigative methodologies which involves recovery
of physical and testimonial evidence for the purpose
those determined to be Confidential, Secret, and Top of identifying the witnesses, and arrest of
Secret matters. perpetrator(s) for prosecution.

CRYPTOGRAPHY When does CSI commence?

It is an art or science of making, devising, inventing, CSI shall technically commence upon the arrival of
or protecting codes and ciphers. the FRs and conclude with the lifting of the security
cordon and release of the crime scene by the OIC;
It came from the Greek word “ kryptos” which
means

secret and “graphos” means writing.

Steganography – deals with hidden or secret writing, • Scene of the Crime Operation (SOCO) - a
relies on different ways to hide or disguise. unit within the PNP which is responsible in
processing significant crime scene which are
Codes – a set of letters, numbers, symbols and etc., sensational in nature.
that is used secretly to send messages. Used more
for economy than for secrecy.

CSI vs. SOCO

 SOCO)

Makes a general assessment of the scene;

Takes a cautious walk- through of the crime scene;

Takes down extensive note to document important

factors; Establishes the evidence most likely to be
CSI encountered; Defines the extent of the search area;

• Includes identification and interview of Determines the personnel and equipment needed
witnesses and makes specific assignments; and

• Arrest of the suspect From his assessments, he develops a general theory

of the crime scene.
• Scientific processing of crime scene

SOCO
C. PREPARATION OF NARRATIVE REPORT
• Only limited to processing of the crime
evidence The Team leader uses the systematic approach in
making a narrative report.

PERSONS INVOLVED IN CSI

D. CRIME SCENE DOCUMENTATION
1. DESK OFFICER
GOLDEN RULE AT CRIME SCENE INVESTIGATION
2. FIRST RESPONDER
Never touch, move, or alter any object at the crime
3. INVESTIGATOR ON CASE scene unless it has been photographed, measured,
and sketched from any conceivable angle.
4. CHIEF OF POLICE

5. SCENE OF THE CRIME OPERATION TEAM

MAC RULE

Do not:
CRIME SCENE INVESTIGATION PROPER
M= Move or Mutilate

A=Alter
A. RECEIPT OF BRIEFING AND DESIGNATION
OF COMMAND POST C= Change or Contaminate the crime scene.
Command Post – an area which, is ideally located Crime Scene Documentation
adjacent to the Crime Scene where the CSI Evidence
Custodian stays and receives the pieces of evidence 1. PHOTOGRAPHING
turned over to him for safekeeping by the other
evidence collectors. 2. SKETCHING

3. NOTE-TAKING

B. INITIATION OF PRELIMINARY SURVEY

(TEAM LEADER OF CSI OR
CRIME SCENE PHOTOGRAPHY: CRIME SCENE SKETCH

It is conducted to create an accurate, objective, It is the graphic representation of the scene of the
visual and permanent record of the crime scene crime with complete measurements of the relative
before any item is moved or removed as possible distances of relevant object and conditions obtaining
physical evidence. It is recommended to take as therein.
many photographs as you can be giving emphasis to
possible physical evidence.

ELEMENTS OF SKETCH

Guidelines for taking photographs of a Crime Scene: a. Measurement

• Photograph should be taken b. Compass direction

as soon as possible,before
note taking, sketching or a search for c. Essential items
evidence begins.
d. Scale and proportion
• It must show the original, uncontaminated
e. Legend
condition of the crime scene.
f. Title
• Photograph of the crime scene only should
be taken without spectators or police personnel

• It must form an organized sequence and GENERAL KINDS OF SKETCH:

show all relevant location & object.
1. Rough Sketch
• It must be taken from general to specific.
It is made by the investigator at the crime scene
which is full of important details but without scale of
proportion.
THREE MAJOR TYPES OF PICTORIAL VIEWS
Basis for the finished sketch
1. General View or Long-Range – photograph
of the over- all scene. It will depict the location of It is the first pencil-drawn outline of the scene and
the crime. the location of objects and evidence within its
outline.
Distance: From the doorway to the room and other
corners of the room

2. Finished Sketch
2. Mid-Range View – shows the nature of the Is often drawn by a draftsman to show proper
crime. relationships and scales. The finished sketch is more
presentable for court room presentations.
Distance: 8 or 10 ft. from the victim

SPECIFIC KINDS OF SKETCHES:

3. Close-up View – shows the details of the
crime.

Distance: 5 ft. or less from the subject/object 1. Sketch of Locality/Neighborhood Sketch-

give picture of the scene, the crime and its environs,
including neighboring buildings, roads, etc.
2. Sketch of the Ground/Floor Plan/Overview- where there might not be any reference points by
picture of the scene of the crime with its nearest using a handheld GPS (Global Positioning System)
physical surrounding.

3. Sketch in Details – the immediate scene

only. METHODS OF SEARCH

4. Exploded/Cross Projection – gives the clear a. Strip or Line Search Method – the searchers
impression of the scene in cases where blood stains will proceed at the same pace along the path parallel
or bullet holes are found. to one side of the rectangle.

b. Double Strip or Grid Method – is a

combination of the strip search and is useful for
TYPES OF MEASUREMENT large crime scene.

1. Rectangular Method – this method uses c. Spiral or Circular Method – the searchers
two walls in a room as fixed points, from which will follow each other in the path of a spiral,
distances are beginning in the outside and spiraling towards the
center or vice versa in a clockwise or counter clock-
measured at right angle to the object. wise direction.

2. Triangulation Method – an object is located d. Quadrant of Zone Method – the area to be

by drawing two straight lines from two fixed points searched is divided into four quadrants and each
creating searcher is assigned to one quadrant.

a triangle; the object is in an angle formed by the e. Wheel, Radial or Spoke Method – is
line. This sketching method requires measuring the applicable for area which is considered to be
approximately circular or oval. The area is then
distance of an object along a straight line from two divided into six quadrants in a pie-like fashion.
widely separated fixed reference points.

3. Baseline Method– a sketching method that

makes measurements along from a single reference
line, called a baseline, which can be established by
using a length of string, chalk line, or some other E. NOTES TAKING
convenient means.

Note taking must be a constant activity throughout

4. Compass Point Method– a sketching the processing of the crime scene. Notes must
method that requires a protractor or some method include:
of measuring angles between two lines. One point is
selected as the origin and a line extending from the • Detailed written description of the Crime
origin becomes an axis from which the angles can be Scene with locations of recovered physical evidence;
measured.
• The time when the physical evidence was
5. Cross projection method – a sketching discovered;
method in which the ceiling appears to open up like
a lid of a hinged box, with the four walls opening • The person who discovered and collected
outward. Measurements are then indicated from a the physical evidence;
point on the floor to the wall.
• The time when evidence was packaged and
6. Azimuth/Polar Coordinates – this method marked; and
requires two people; one hold each end of a tape
• The disposition of the item when it was
measure. This is best suited for large pen areas
collected.
 authority, the warrant is already required for his re-
entry to the crime scene.
F. COLLECTION OF PHYSICAL EVIDENCE

ARREST (RULE 113)

The competence to recognize and properly collect
physical evidence is critical to both solving and Section 1. Definition of arrest. — Arrest is the taking
prosecuting crimes. of a person into custody in order that he may be

The team leader is always informed of significant bound to answer for the commission of an offense.
evidence located. The evidence collectors shall put (1)
his initial, location and date of collection on the item
and turn it over to the evidence custodian for Section 2. Arrest; how made. — An arrest is made by
documentation and safekeeping. an actual restraint of a person to be arrested, or

What are the procedures needed for the care of by his submission to the custody of the person
physical evidence? making the arrest.

In order to introduce physical evidence in court, No violence or unnecessary force shall be used in
three important factors must be considered: making an arrest. The person arrested shall not be
subject to a greater restraint than is necessary for his
1. The article must be properly identified detention. (2a)

2. Chain of custody must be proved Section 3. Duty of arresting officer. — It shall be the
duty of the officer executing the warrant to arrest
3. The evidence must be material and relevant the accused and to deliver him to the nearest police
station or jail without unnecessary delay. (3a)

Section 4. Execution of warrant. — The head of the

CHAIN OF CUSTODY office to whom the warrant of arrest was delivered
for execution shall cause the warrant to be executed
It is the number of persons who handled and
within ten (10) days from its receipt. Within ten (10)
possessed the pieces of evidence the moment they
days after the expiration of the period, the officer to
were collected, marked and tagged, up to the time
whom it was assigned for execution shall make a
of the final disposition of the case.
report to the judge who issued the warrant. In case
of his failure to execute the warrant, he shall state
the reasons therefor. (4a)
G. CONDUCT OF FINAL SURVEY

The team leader makes a final review on the crime

scene to determine whether or not the processing Section 5. Arrest without warrant; when lawful. — A
has been completed. peace officer or a private person

may, without a warrant, arrest a person:

H. RELEASE OF THE CRIME SCENE (a) When, in his presence, the person to be
arrested has committed, is actually
The release of the crime scene is done if the
investigator is satisfied that all pieces of evidence committing, or is attempting to commit an offense;
have been recovered. Thus, the investigator must
(b) When an offense has just been committed,
evaluate the items recovered from the results of the
and he has probable cause to believe based on
interrogations of the suspect/s and the interview of
personal knowledge of facts or circumstances that
the witnesses. He must bear in mind that upon the
the person to be arrested has committed it; and
formal release of the crime scene to the proper
(c) When the person to be arrested is a or when the giving of such information will imperil
prisoner who has escaped from a penal the arrest. (9a)
establishment or place where he is serving final
judgment or is temporarily confined while his case is Section 10. Officer may summon assistance. — An
pending, or has escaped while being transferred officer making a lawful arrest may orally summon as
from one confinement to another. many persons as he deems necessary to assist him in
effecting the arrest. Every person so summoned by
In cases falling under paragraph (a) and (b) above, an officer shall assist him in effecting the arrest when
the person arrested without a warrant shall be he can render such assistance without detriment to
forthwith delivered to the nearest police station or himself. (10a)
jail and shall be proceeded against in accordance
with section 7 of Rule 112. (5a) Section 11. Right of officer to break into building or
enclosure. — An officer, in order to make an arrest
either by virtue of a warrant, or without a warrant as
provided in section 5, may break into any building or
Section 6. Time of making arrest. — An arrest may enclosure where the person to be arrested is or is
be made on any day and at any time of the day or reasonably believed to be, if he is refused
night. (6) admittance thereto, after announcing his authority
and purpose. (11a)
Section 7. Method of arrest by officer by virtue of
warrant. — When making an arrest by virtue of a
warrant, the officer shall inform the person to be
arrested of the cause of the arrest and of the fact Section 12. Right to break
that a warrant has been issued for his arrest, except out from building
when he flees or forcibly resists before the officer or enclosure.
has opportunity to so inform him, or when the giving — Whenever an officer
of such information will imperil the arrest. The has entered the building
officer need not have the warrant in his possession or enclosure in accordance
at the time of the arrest but after the arrest, if the with the preceding section, he may break out
person arrested so requires, the warrant shall be therefrom
shown to him as soon as practicable. (7a)
when necessary to liberate himself. (12a)
Section 8. Method of arrest by officer without
warrant. — When making an arrest without a Section 13. Arrest after escape or rescue. — If a
warrant, the officer shall inform the person to be person lawfully arrested escapes or is rescued, any
arrested of his authority and the cause of the arrest, person may immediately pursue or retake him
unless the latter is either engaged in the commission without a warrant at any time and in any place
of an offense, is pursued immediately after its within the Philippines. (13)
commission, has escaped, flees or forcibly resists
before the officer has opportunity so to inform him, Section 14. Right of attorney or relative to visit
or when the giving of such information will imperil person arrested. — Any member of the Philippine
the arrest. (8a) Bar shall, at the request of the person arrested or of
another acting in his behalf, have the right to visit
and confer privately with such person in the jail or
any other place of custody at any hour of the day or
Section 9. Method of arrest by private person. — night. Subject to reasonable regulations, a relative of
When making an arrest, a private person shall the person arrested can also exercise the same right.
inform the person to be arrested of the intention to (14a)
arrest him and cause of the arrest, unless the latter
is either engaged in the commission of an offense, is
pursued immediately after its commission, or has
escaped, flees, or forcibly resists before the person RULE 126
making the arrest has opportunity to so inform him,
Search and Seizure
Section 1.Search warrant defined. — A search purpose and authority, may break open any outer or
warrant is an order in writing issued in the name of inner door or window of a house or any part of a
the People of the Philippines, signed by a judge and house or anything therein to execute the warrant or
directed to a peace officer, commanding him to liberate himself or any person lawfully aiding him
search for personal property described therein and when unlawfully detained therein. (6)
bring it before the court. (1)

Section 2. Court where application for search

warrant shall be filed. — An application for search Section 8. Search of house, room, or premise to be
warrant shall be filed with the following: made in presence of two witnesses. — No search of
a house, room, or any other premise shall be made
a. Any court whose territorial jurisdiction a except in the presence of the lawful occupant
crime was committed. thereof or any member of his family or in the
absence of the latter, two witnesses of sufficient age
b. For compelling reasons stated in the and discretion residing in the same locality. (7a)
application, any court within the judicial region
where the crime was committed if the place of the Section 9. Time of making search. — The warrant
commission of the crime is known, or any court must direct that it be served in the day time, unless
within the judicial region where the warrant shall be the affidavit asserts that the property is on the
enforced. person or in the place ordered to be searched, in
which case a direction may be inserted that it be
However, if the criminal action has already been served at any time of the day or night. (8)
filed, the application shall only be made in the court
where the criminal action is pending. Section 10. Validity of search warrant. — A search
warrant shall be valid for ten (10) days from its date.
Thereafter it shall be void.

SEARCH AND SEIZURE WHEN VALID WITHOUT A

WARRANT

WARRANTLESS SEARCH INCIDENTAL TO LAWFUL

ARREST
Section 3. Personal property to be seized. — A This is recognized under Section 12, Rule 126 of the
search warrant may be issued for the search and Rules of Court, and by prevailing jurisprudence. In
seizure of personal property: searches incident to a lawful arrest, the arrest must
precede the search; generally, the process cannot be
(a) Subject of the offense;
reversed. Nevertheless, a search substantially
(b) Stolen or embezzled and other proceeds, or contemporaneous with an arrest can precede the
fruits of the offense; or arrest if the police have probable cause to make the
arrest at the outset of the search.
(c) Used or intended to be used as the means
of committing an offense. (2a)

SEIZURE OF EVIDENCE IN “PLAIN VIEW”

Section 7. Right to break door or window to effect Under the plain view doctrine, objects falling in the
search. — The officer, if refused admittance to the plain view of an officer who has a right to be in the
place of directed search after giving notice of his position to have that view are subject to seizure and
may be presented as evidence. The plain view may effect search and seizure without a search
doctrine applies when the following requisites warrant in the enforcement of customs laws.
concur:
STOP AND FRISK
(1) law enforcement officers in search of
evidence have a prior justification for an intrusion or A “stop and frisk” situation, also known as the Terry
are in a position from which they can view a search, refers to a case in which a police officer
particular area; approaches a person who is acting suspiciously for
the purpose of investigating possible criminal
(2) the discovery of the evidence in plain view behavior, in line with the general interest of effective
is inadvertent; and crime prevention and detection.

(3) it is immediately apparent to the officers

that the item they observed may be evidence of a
crime, a contraband or is otherwise subject to
seizure.
-END-

THANK YOU FOR LISTENING FUTURE REGISTERED

CRIMINOLOGIST!!!

SEARCH OF A MOVING VEHICLE

a warrantless search of a moving vehicle is justified

on the ground that it is not practicable to secure a
warrant, because the vehicle can be quickly moved
out of the locality or jurisdiction in which the
warrant is sought.

CONSENTED WARRANTLESS SEARCH

It is fundamental that to constitute a waiver, it must

first appear that (1) the right exists; (2) the person
involved had knowledge, either actual or
constructive, of the existence of this right; and (3)
that person had an actual intention to relinquish the
right.

CUSTOMS SEARCH

It has been traditionally understood that persons

exercising police authority under the customs law