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C C C C r i m i n o l o g y R e v i e w G r o u n d F l r . , S D C 1 B l d g . , T a c l o b a n - B a y b a y S o u t h R o a d ,
M a r a s b a r a s , T a c l o b a n C i t y ( S m a r t ) 0 9 2 9 - 7 5 2 - 0 0 0 5 A L L R I G H T S R E S E R V E D
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FUNDAMENTALS OF
CRIMINAL INVESTIGATION
ATTY. ARTEMIO JAY G. TORREDES, RCRIM.
Partner, Torredes Cedeno & Associates Law Firm, Cebu City
Former Dean, Criminology Department, UC Main
Former Professor, Graduate School Department, UC Main
Academic Director, CMT Target Criminology Review
Former Corporate Attorney, MCIAA
Member, IBP Cebu Province Chapter
Topnotcher (1st Place) Sept. 2002 Criminologist Licensure
PART 1…
INTRODUCTION
Criminal investigation in its modern form is a
rather recent development. In the past, crimes are
solved not by scientific methods of inquiry but
rather through crude and discredited means such
as witchcraft, torture and other similar methods.
Early 19th Century Criminologists saw the need to
develop a scientific means of identifying criminals
because the criminological theories are useless
unless we send the right persons to jail or prisons.
For instance, the classical theory of deterrence and
positivist theory of rehabilitation cannot be applied
to an innocent person since no amount of
punishment or treatment can deter or treat an
innocent person. Thus, Dr. Hans Gross, Edmund
Locard and August Vollmer undertook to establish
the earliest crime laboratory in the world to
advance the art and science of investigation.
Interestingly, a series of books published by Sir
Arthur Conan Doyle features a fictional character
named Sherlock Holmes as a detective who used
crude scientific methods in investigating crimes
long before the world has seen its first crime
laboratories. Contemporary authorities in criminal
investigation agrees that this also helped in fast-
tracking the evolution of criminal investigation.
EARLY CONTRIBUTORS
Eugene Francois Vidoque – a former convict who
became the head of Surete, which was recognized
at that time as France’s premier detective agency.
He is credited for his effective use of criminals to
catch criminals. Vidoque’s unorthodox approach
later became a model for John Wilkes Booth who
infamously stated that “it takes a thief to catch a
thief”.
Henry & John Fielding – Henry Fielding was a
travelling magistrate of England who established
the world’s first uniformed police force in Bow
Street, a road notorious for thievery. Also known as
“runners” or “thief-takers”, they conduct patrol and
respond to reported incidents. When Henry died,
he was replaced by his blind brother John as head
of the Bow Street Runners. This eventually became
a model for the London Metropolitan Police
(Scotland Yard) of Sir Robert Peel.
Dr. Hans Gross – father of Criminalistics, he
published a book entitled “Modern Criminal
Investigation” which pave the way for Edmund
Locard to incorporate modern science to police
works.
Edmund Locard – French criminologist, he
established the world’s first crime laboratory in
Lyon, France. He expounded Dr. Gross’ theory by
stating that “when two object come into contact
with one another, they leave traces of each other
behind” (there is always something left behind at
the crime scene). This became known as Locard’s
Exchange Principle upon which modern forensic
science owes its theoretical foundation.
Sir Llewelleyn William Atcherly – Chief Constable of
West Riding, Yorshire. He pioneered the recording
of M.O. (modus operandi) files as investigative aids
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that can be used to identify criminals based on the
tools they use, the manner of commission, the time
of the crime, and other pertinent data.
Thomas Byrnes – he discovered that Modus
Operandi do not remain the same and it changes
as the career progression of the criminal changes.
He instituted the Bulmerry Morning Street Parade
– a practice where captured criminals are paraded
in front of the police force in order to facilitate easy
identification in case they commit crimes in the
future. This is the origin of the Police Line-Up.
Alphonse Bertillon – father of Personal
Identification who framed Anthropometry (the
individualization of a person based on body
measurements). This supplemented the practice of
descriptive words accompanying a sketch in order
to identify criminals (also known as Portrait Parle –
French for “word picture” or “talking pictures”).
With the advent of photography, drawings became
out of fashion. Nevertheless, the practice of
accumulating Rogues Gallery became imbedded in
policing around the world.
Jonathan Wild – conceived a business of recovering
stolen properties for a fee in England in the 17th
Century (theif-takers). Arguably the world’s first
private detective, he took advantage of a system of
bounty and rewards set up by the British
Parliamentary Reward System.
Alan Pinkerton – he was a pioneer in non-
government policing and private detective works in
the US. The company he established bore his name
(Pinkertons) and have a logo of an eye with the
inscription “we never sleep” which the American
public came to know as “private eye”. Among the
famous cases they solved involved Harry
“Sundance Kid” Longbaugh of the Butch Cassidy
outlaw gang. He is also credited for hiring the first
female involved in investigative works, Mrs. Kate
Warne. The Pinkertons are rivaled only by another
private protection business known as the Wells-
Fargo & Co.
August Vollmer – He served as an Army Sergeant
in the Philippines during the Spanish-American
war and became an Army Policemen who oversaw
the integration of former Guardia Civil into the new
Insular Constabulary. His experience in the
Philippine convinced him of the need to
professionalize policing and shield it from politics.
He reluctantly accepted the position of Marshal of
Berkeley California when a posse was
commissioned in order to respond to a train
derailing incident and it was then that his
innovative approach to policing began to be
recognized. Following the lead of European
development in Criminal Investigation, he
established the first crime laboratory in the United
States in order to support his efforts to
professionalize policing (Wadman & Allison, 2004,
cited in Intro. to Theory, Practice & Career Devt. in
Public & Private Invst., Gunter & Hertig, 2005).
John Edgar Hoover – director of the Federal
Bureau of Investigation, his efforts to centralize
information on fugitives, criminal activity,
organized crime, fingerprints, etc., led to the
further development of criminal investigation.
INVESTIGATION
The word “investigation” came from the latin word
“vestigare”, which means “to track or to trace”.
Investigation is not unique to law enforcement. As
a matter of fact, other professions routinely
conduct investigation on their fields of
specialization. Thus, a doctor must first diagnose
the disease before he can recommend the cure. He
must investigate. Likewise, an engineer cannot
calculate the concrete unless he measures the floor
area of the structure he is building. He must
investigate.
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CRIMINAL INVESTIGATION:
When applied to law enforcement, it is safe to state
that crimes cannot be solved on its own unless the
police conducts criminal investigation. Criminal
investigation is “the systematic, step-by-step
process of determining whether or not a crime has
been committed, and if so, who committed it”.
Since it involves a step-by-step process, it helps to
know the different stages involved in the
development of a full blown criminal investigation,
these are:
1. Detection – is the fact of discovery. It is the
chance event which triggers the operation of our
criminal justice system. This occurs when a
possible crime is observed by the police or are
reported to its attention.
2. Preliminary Investigation – the early of initial
stage of the investigation immediately after the
occurrence of the crime. This is usually done by
first responders or patrol officers who take the
following primary responsibilities on site:
i. Deal with emergencies first:
- Neutralize all threats
- Render aid to the injured
ii. Cordon the crime scene
iii. Record all information and disseminate to
available patrol units for possible hot
pursuit
iv. Wait for detectives
v. Make initial/spot report
3. Follow-up Investigation – after the initial
investigation, a more thorough investigation is
made by the detectives or investigators in order to
tie up the loose ends of the initial investigation or
further build up a stronger case.
4. Re-investigation – in some cases, a re-
investigation is resorted to whenever fatal errors
are committed in the earlier investigations which
prevent the closure of the case. This usually
happens when unethical investigative practices are
resorted to, thereby requiring re-investigation in
order to prevent a miscarriage of justice. These
unethical investigative practices may include:
i. Torture
ii. Planting of evidence
iii. Instigation
iv. Frame-up – where an innocent person is
made to appear responsible for a crime
committed by another
v. White wash or “cover up” – where officials
deny the existence of a crime
NOTE:
Criminal Investigation, in whatever stage, is
primarily REPRESSIVE. Meaning, it comes into
action only when a crime occurs. Crime prevention
is the first line of defense, when it fails, criminal
investigation (the second line of defense) begins.
Criminal investigation therefore is reactive, rather
than proactive.
However, if you are asked: Can criminal
investigation be possibly considered PREVENTIVE?
The answer is YES. By conducting thorough
investigation, the police can prevent the same
criminal from committing future crimes. In this very
limited sense, criminal investigation may be
considered preventive.
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SCHEMATIC DIAGRAM OF THE FLOW OF
INVESTIGATION:
QUALITIES OF A GOOD INVESTIGATOR
Not all police officers are fit for detective or
investigative works. A good candidate for
investigative assignment must possess adequate
Intellectual, Emotional and Physical characteristics
(Bennet & Hess, Criminal Investigation, 1995
Edition).
I. INTELLECTUAL CHARACTERISTICS –
investigators must be able to sort out facts from
fictions in dealing with various kinds of
information. He must learn how to use inductive
and deductive reasoning, use a logical process of
elimination, be familiar with the common
knowledge and motivations of men, and be able
ask probing questions. He must do all of this while
being able to retain information. On top of this, he
must prepare his report in a well arranged case
folder.
The investigator also has the initial responsibility
to recommend what offense to charge. He therefore
must have a thorough understanding of the penal
laws of the land. He is also expected to be well
versed on the procedures for filing of complaint,
application for Search Warrant, testimony in court,
making of affidavits, etc. In addition, he must be
able to identify the evidentiary value of materials
and information he comes across in the course of
his investigation. All of these require more than an
average intellectual capability.
II. EMOTIONAL/PSYCHOLOGICAL – investigators
often encounter cases which reveal the worst of
human nature: father raping their own daughters,
children killing their own parents, neighbors
stealing from their own community, rapists who
ravage and kill their own victims. Investigators who
lack emotional and psychological maturity will find
themselves personally affected by the cases they
are handling. If things get too personal for an
investigator, he loses his neutrality and objectivity
by becoming too involved in the case.
An emotionally immature policeman may be
susceptible to manipulation. Remember, not all
complainants are victims. For instance: A
complained that she was raped by B. Human
nature naturally feels sympathy for A, the
complainant. But the investigator must not be
swayed so easily. He must be suspicious of the
possibility that A is lying and was motivated by
revenge, hatred or spite against B. Thus, a good
investigator must have the diligence and
professionalism to independently gather facts. This
doctrine is strictly followed by the NBI.
III. PHYSICAL CHARACTERISTICS – the least
important but nevertheless desirable characteristic
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is the ability to work long hours in the field under
challenging conditions. Oftentimes, detectives find
themselves working in remote areas where there
are no ready access to food, drinks and medicines.
There are instances where the terrain of the crime
scene is physically challenging such as a ravine or
a deep well where the investigator may have to
climb up and down. Most of the time, crime scenes
are exposed to the elements, the sun, the rain,
chemicals and even infectious bacteria.
CSI EFFECT
CSI Effect is a recent phenomenon in relation to
criminal investigation that results to an
“unrealistic expectations of the public in the
conduct of criminal investigation” due chiefly to the
popularity of fictional TV shows such as CSI.
Far from the glamorous depiction of detectives in
televisions and the movies, effective investigators
are often involved in hard work, risking their lives
and limbs, and living anonymously far from the
limelights often depicted in the movies.
GOALS OF CRIMINAL INVESTIGATION
Criminal investigation have the following generally
accepted objectives:
1. To determine whether or not a crime has
been committed
2. To identify & arrest the suspect
3. To provide the prosecution with evidence
necessary to support conviction
4. To recover stolen property
INVESTIGATIVE TOOLS (3 I’s of investigation)
The following are recognized tools of investigators:
1. Information
2. Instrumentation
3. Interrogation
I. INFORMATION
For purposes of investigation, INFORMATION is
“anything that tells us something, whether, correct
or incorrect”. This is a general term that refers to
any facts, statements or materials surrounding the
commission of a crime. If the information is of such
nature and quality that it could further advance
the investigation, that information is called a
LEAD. When there are no more leads to develop, it
is said that the investigation is facing a BLANK
WALL.
SOURCES OF INFORMATION
The following are sources of information:
A. Persons
B. Places
C. Things
A. Persons – these are individuals who may be:
1. Victims – the direct recipients of the crime
itself who suffered direct or indirect
loss/injury as a consequence thereof
2. Complainants – persons who informs the
police of a crime and demands that
something be done about it
3. Witnesses – third persons who have
personal knowledge of relevant facts
surrounding a crime
4. Informers/Informants – furnishes
information relative to a crime either
voluntarily or for a consideration
5. Suspects – person who is accused as the
author of the crime
Interview & Interrogation
In processing persons as sources of information,
the investigator generally conducts an INTERVIEW
– a friendly and cooperative conversation for the
purpose of obtaining as much relevant information
as the source can possibly give under the
circumstances. However, when the subject is the
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suspect himself or a hostile/uncooperative witness
– the conversation is rather confrontational and is
called INTERROGATION. With respect to the
suspect, interrogation is valid only if made in
compliance with MIRANDA RIGHTS.
Planning the interview
The interviewer must have a general knowledge of
the crime before he could start asking intelligent
questions and illicit useful information from the
interviewee. He must first gather the general data
and start from there. These data involves the basic
5W and 1H of criminal investigation:
1. What?
2. Where?
3. When?
4. Who?
5. Why?
6. How?
Thus, assuming that a homicide was reported and
you are the criminal investigator. On site you must
establish the following facts:
1. What is the nature of the case?
2. Where was it committed?
3. When did it happen?
4. Who are the persons involved?
5. Why did it happen?
6. How was it committed?
If after the above preliminary inquiries you have
gathered that the crime involved death reportedly
committed in Basak, Lapulapu City, on Auguts 1,
2013 at 10:00PM resulting to the death of one Mr.
Juan dela Cruz who bore a single gunshot wound
in the head from a .45 pistol, a bullet & a spent
shell from .45 was recovered from the scene and
sent to the laboratory, at the time of the
commission, it initially appears that no one saw
the actual shooting.
You must frame your questions from the above
KNOWN facts. Your purpose in interviewing is to
reveal UNKNOWN facts – facts that needs to be
developed further.
Suppose you came across a tanod who responded
to the scene first, you may ask him the following
questions based on the above known facts:
1. You were one of the first tanods who
responded to the alarm first? Ans. Yes
2. What’s your name? Ans. Pedro dela Calzada
3. How did you came to know of the killing?
Who reported it to you and where do he
lives? Ans. We received a phone call from
Mario Ortiz regarding a shooting incident
which he saw happen in front of his house.
He lives just across the street where the
body of the victim was found.
4. When you arrived, what was the situation
on site? Ans. People were panicking and
pointed towards Marigondon where the
suspect fled on board a Yellow Honda XRM.
5. Did anybody saw the plate number of the
motorcycle? Ans. No sir.
6. The vitim Mr. Juan dela Cruz, is he known
to you? Does he have known enemies? Ans.
Yes sir, I know the victim. He has no known
enemy in our barangay but he had an
altercation with a certain Jack Tattoo from
Marigondon because of a woman.
7. Who is this woman? Ans. The girlfriend of
the victim sir, her name is Angel from
Tacloban.
Based on the following questions as framed by the
investigator, several unknown facts were revealed:
first, there was an eyewitness named Mario Ortiz;
secondly, victim had an earlier altercation with a
certain Jack Tatoo from Marigondon because of
possible love triangle with Angel from Tacloban;
third, the shooter rode a Yellow Honda XRM
motorcycle; fourth, the suspect fled towards
Marigondon; and finally, what if ballistic tests
shows that the .45 pistol used belonged to a
certain Jack Tattoo? Would you consider this
coincidence important? You now have several leads
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(information that can further advance the
investigation). You must follow these leads until
the identity of the accused is established beyond
reasonable doubt. Otherwise, you will face a blank
wall.
(For interrogation, see discussions below in pages
11, 12 & 13)
Note: Ideal investigators are naturally inquisitive
and suspicious (without showing it to the subject).
As the he becomes more seasoned, framing
questions that elicits the most information from
the source becomes almost automatic by
experience. That is why investigation is considered
both a SCIENCE and an ART.
B. Places – places as a source of information
generally refers to the SCENE OF THE CRIME
(locus criminis). It is important for the
investigators to locate the true crime scene
because it contains the highest concentration of
physical evidence and possible witnesses of its
commission.
Crime scenes may be:
1. Primary Crime Scene – the place where the
crime was committed
2. Secondary Crime Scene – the place where
the crime was continued
3. Pseudo Crime Scene – a crime scene staged
to mislead, cover-up, or conceal what really
happened
For example:
A shot B in Room 69 of Manila Hotel. Afterwards, A
placed the body of B inside the baggage
compartment of a blue Toyota Vios and dumped
the body in Smokey Mountain where it was later
found.
Room 69 of Manila Hotel is the primary crime
scene. The Toyota Vios and the Smokey Mountain
where the body was found are secondary crime
scenes.
What if instead of dumping B’s body in the Smokey
Mountain, A made it appear as if B committed
suicide inside the car and falsified a suicide letter?
That is called Pseudo (False) Crime Scene.
Please take note that all crime scenes must be
processed, whether primary, secondary or pseudo.
However, it must be stressed that importance must
be given to locating the primary crime scene.
Processing the Crime Scene:
Crime scene operatives must first conduct a
thorough walk-through around the outermost
boundaries of the crime scene. He must make an
initial determination of the entry point, exit point
and contact points, determine the size of the scene
and extent of evidence distribution, and plan the
appropriate search pattern to use for that
particular crime scene.
Entry point is that part of the scene where the
suspect gained access inside a room, house or a
building. Exit point, on the other hand, refers to
that part of the scene where he left, took flight or
escaped. Contact points are those part of the crime
scene where the suspects’ body, clothing’s or tools
have disturbed, touched, made contact with, or
stepped into. Contact points may contain the
suspects DNA, fingerprints, shoeprints, etc.
The investigator must be cautious in approaching
crimes scene for the following reasons:
1. Unidentified suspects who may be armed
and dangerous may still be lurking around
and could present a serious threat or harm
to policemen and bystanders;
2. Families of the victim whose emotions
remain high may view the investigators with
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contempt and hostility which could possibly
result to violence and altercations;
3. Evidence found at the crime scene may be
fragile and susceptible to destruction or
cross-contamination before they can be
properly identified, photographed, packed
and recorded, resulting to needless
destruction of vital evidence;
4. Crime scenes may contain chemicals,
viruses, or bacterial pathogens that may be
harmful to humans, thus investigators
must have access to protective clothings,
surgical masks, gloves, CBRN suits, and
the likes;
5. Un-exploded bombs or ordnance may be
found in the crime scene which may be
triggered when inadvertently disturbed;
6. Difficult terrains may present natural or
man-made hazards to field investigators
such as landslides, flooding, collapse of
building, electrocution, etc.
Selecting the most appropriate search pattern:
The search pattern to be employed depends on
many factors, such as:
1. The crime committed and the type of
evidence that can be found (explosives,
flammables, biohazards, or susceptible to
rapid deterioration)
2. The nature of the terrain (is it indoor or
outdoor? Is it plain field or mountainous? Is
it bare or thick with vegetation? Etc.)
3. The size of the area to be searched
4. The number of personnel available
5. The tools and equipment’s of the search
teams
6. The weather conditions
Note: No two crime scenes are alike. Each crime
scenes are unique, thus different crime scenes
demands different search plans to be employed
according to the circumstances of each location.
However, the basic search pattern’s remains the
same. As the investigator becomes seasoned by
experience, selecting the most appropriate search
pattern becomes almost automatic by mere
INTUITION or GUT-FEEL (kutob). That is another
reason why investigation is considered both a
SCIENCE and an ART.
Different Search Patters:
Search
Pattern
Procedure Advantage Dis-
advantage
Lane or
Strip
1. In case of
multiple
searchers,
each
searchers
align in
straight
paths and
combs the
scene by
making a
single pass
on their
lanes.
2. In case of
single
searcher, he
makes a
single pass
on each
parallel
lines in an
opposite
direction
until all the
lanes are
covered
1. Takes a
short time
to complete
1. Less
thorough.
2. Vital
evidence
may be
overlooked
in the
search.
Double
Strip
1. Same as
lane or strip
method but
the searcher
makes a
1. More
thorough
2. Evidence
missed
during the
1. Takes
twice as
much time
to complete
than a
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second pass
adjacent to
the first
search in
such a
manner
that the
first and
second
search
criss-
crosses one
another.
first pass
may be
seen
during the
second
pass
single strip.
2. Evidence
found on
the second
pass may
actually be
left behind
by the
searchers in
the first
pass (cross-
contaminati
on).
Spiral 1. The
search
begins or
ends in a
focal point
by making
clockwise or
counter-
clockwise
circular
motions
around the
center of the
crime scene.
2. If it
begins from
the outside
and ends in
the inside, it
is called
Inner
Spiral. If it
begins from
the inside
and ends in
the outside
it is called
Outer
Spiral.
1. Useful in
tight and
cramped
spaces.
2. Allows
searchers
to concen-
trate
around a
focal point
where
evidence is
most likely
to be found
(such as
the body of
the victim).
1. Not
suitable for
medium and
large crime
scenes
Wheel, 1. The 1. Allows 1. The
Radii,
Pie, or
Spoke
search
begins or
ends in a
focal point
by radiating
outward or
towards the
center of the
crime scene.
2. If it
begins from
the outside
and ends in
the inside, it
is called
Inner
Wheel. If it
begins from
the inside
and ends in
the outside
it is called
Outer
Wheel.
searchers
to focus on
an
important
area as the
search
moves
nearer to
the center
distance
from each
search
points from
the outside
is greater
than the
center
resulting to
gaps where
important
evidence
may be
overlooked
Zone,
Sector,
or
Quad-
rant
1. The crime
scene is
divided into
several
zones or
sectors and
assigned to
different
search
teams who
will conduct
a separate
search for
their area
1. Suitable
for large
crime
scenes
such as
those
found in
aircrash,
exposions,
arson, and
the likes.
2. Suitable
for multi-
storey
buildings,
each floors
are
considered
as one
1. Extensive
use of
resources
and
manpower
2. More
difficult to
document.
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zone or
sector
Documenting the Crime Scene
Crime scene documentation refers to the recording
of all available information surrounding a crime
scene and all activities which occurred therein.
This is done by:
1. Photography
2. Video and voice recording (First allowed in
the United States and other foreign
countries. With the advent of CCTV
cameras, Philippine courts now allow the
introduction of videos as evidence. The
voice recording mentioned here refers to the
voice recording made by the investigator in
order to aid his memory, in case writing is
not possible)
3. Crime scene sketch showing the location of
important items and measurements of
distance
4. Evidence log
1. Photographing the crime scene
Photographing the crime scene requires shots to be
taken from the following distances:
i. Long range – showing the scene with a
prominent landmark at the background to
indicate its general location. Long range
photographs must be taken in four (4)
different ANGLES: front, right side, back
and left side if the photographers moves in
a clockwise fashion; or front, left side, back
and right side if the photographer moves in
a counterclockwise fashion.
ii. Medium range – shots highlighting a spot
appearing in the long range shot. This may
also be taken in order to show the positions
of several evidence relative to one another
(group picture)
iii. Close up – shots indicating one specific
evidence with ruler or measuring device
placed alongside the evidence
2. Crime Scene Sketches and Measurements
Sketches may be:
i. Rough – taken at the field
ii. Finished – based on the rough sketch but
finalized in the office
Sketches must describe the general floor plan of
the room or the layout of the field, if outdoor. The
position of items found in the crime scene must be
shown as accuratly as possible. Each evidence
must be identified by letters “A to Z” and described
in a LEGEND appearing below the sketch. The
bearings must also appear on the sketch,
indicating where is North, South, East or West.
The sketch must also contain measurements.
Measurements may be made by:
i. Straight Baseline method
ii. Diagonal Baseline method
iii. Triangulation method
iv. Cross-projection method
Lastly, the sketch must bear the identity of its
maker and signed by him. Otherwise, it is
considered hearsay.
C. Things – the last but certainly not the least
source of information are things. Things are any
tangible objects found at the crime scene or in
possession of the suspect. These are objects of
evidentiary value. The investigative classification of
evidence is more technical and is somewhat
different from the classification of evidence under
the Rules of Court. Nevertheless, they are related
to one another.
Things include the following:
1. Trace evidence – minute evidence found at
the crime scene which places the suspect
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on scene such as fingerprints, shoe
imprints, cigarette butts, spermatozoa
(Criminal Investigation, Hess & Orthman).
Trace evidence may include evidence which
indicates the whereabouts and movements
of the suspect, such as hotel guest lists,
plane tickets, ATM withdrawals, and the
likes (Swanson, Chamelin & Territo)
2. Associative evidence – evidence found in the
suspect which places him at the crime
scene, such as bite marks, tools, & blood
stained shirts. There are also special types
of associative evidence called:
a. Souvenir – part of the crime scene
which the suspect intentionally took
as a remembrance, such as the
underwear of a rape victim
b. Trophy – part of the body of the
victim which the suspect
intentionally took as a memento,
such as the pubic hairs of the rape
victim
3. Evidence with class characteristics
4. Evidence with individual characteristics
5. Fruits of the crime
6. Tools used in the commission of the crime
II. INSTRUMENTATION
Instrumentation refers to the use of forensic tools
in order to advance the goals of investigation. Also
called CRIMINALISTICS, this is where investigation
becomes strictly scientific.
We will not discuss each branches of Criminalistics
here but you will find it in another set of handouts
where the details are best discussed. However, it
helps to run through them since instrumentation
is one of the three (3) I’s of Criminal Investigation.
These are:
1. Legal Medicine;
2. Forensic Chemistry & Toxicology;
3. Personal Identification;
4. Firearms Identification (Forensic Ballistics);
5. Questioned Documents & Handwriting
Examinations;
6. Polygraph Examinations; and
7. Police Photography
Note: Recent developments in forensic science were
intentionally not included because strictly
speaking, these are just additional developments of
the above main forensic branches. For example,
Forensic Odontology (study of dental or teeth
structure) and Forensic Entomology (study of
carrion insects found in a decomposing body) are
just a branch of Legal Medicine. Likewise,
Deoxyribonucleic Acid or DNA examination are
part of Legal Medicine, Forensic Chemistry &
Personal Identification.
III. INTERROGATION
Unlike in interview where the purpose is to reveal
unknown facts, the purpose of interrogation is to
confront the suspect with the evidence already
obtained from all sources (PERSONS, PLACES 7
THINGS) in order to encourage the suspect to
confess.
Here, the investigator already have a clear picture
of what really happened. All that is left is to
confront the suspect about his findings.
Before starting the interrogation, however, he
must remember the requirements of Miranda
Rights and other pertinent laws such as RA (Rights
of a Person Arrested, Detained or Under Custodial
Interrogation) and RA 9745 (Anti-torture Act).
Miranda v. Arizona (Miranda Doctrine)
Facts of the case: A white woman reported to the
Arizona police that she was raped. The suspect was
described by the victim as Mexican. The police
rounded up several suspects who fit the
description and one of them was Ernesto Miranda,
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a truck driver of Mexican descent who does not
speak English and doesn’t know how to read or
write because he did not even finished grade
school. When presented in a police-lineup, the
woman “positively identified” Miranda as the
culprit. During extensive interrogation, Miranda
was made to sign a paper without the assistance of
counsel which turned out to be a confession
written in fluent English. On the basis of the
signed confession, however, he was convicted by
the trial court.
Issue: Whether or not the conviction is proper.
Ruling of the US Supreme Court: The conviction is
erroneous and violates the Due Process clause of
the American Constitution. Every person accused
of a crime has the right to be informed his right to
remain silent; that what he says or do may be used
against him in a court of law; he has the right to
counsel, preferably of his own choice; and if he
cannot afford, one will be provided to him for free.
An accused who is not properly appraised of these
rights can lawfully contest the validity of any
signed confession or statements, which, by virtue
of the coercive pressure exerted by veteran
interrogators, he is too intimidated or powerless to
resist.
Exceptions to the Miranda Rights:
1. When the accused freely and voluntarily
waived this right;
2. Volunteered information – when the
accused, without waiving this right and
without the police initiating the
questioning, nevertheless volunteered
information which contributed to his
conviction;
3. When the conviction is partly based on
available evidence other than the
confession of the accused; and
4. Inevitable discovery rule – when the
information furnished by the accused is of
such nature that the police would have
discovered it anyway, even in the absence
of the confession, the accused could still be
convicted.
Techniques/Approaches in Interrogation
1. Bad cop/good cop technique – a.k.a. Mutt
& Jeff, Hot & Cold. In this approach, one
cop plays tough and intimidating while the
other plays soft and accommodating. The
objective of the bad cough is to lead the
suspect to cooperate with the good cop.
2. Sympathetic approach – best used for
sensitive suspects who commit crimes
because of fits of jealousy or emotions. The
questioning here usually starts with “I
understand how you felt”, “If I were on your
situation, I would probably do the same
thing”.
3. Reflective Interview Technique (Mirror
technique) – in this approach, the
investigator presents a psychological mirror
to the suspect and reverse the situation by
making him understand the feelings of the
victim. The questioning here are usually
framed in this manner: “How would you feel
if it was your own child that was killed?”,
“The victims’ body is yet to be found, don’t
youn think the victim deserves a proper
Christian burial?”, etc.
4. Cognitive interview technique – in this
approach, the interrogator carefully
examines the body-language of the suspect
in relation to his answers in order for the
investigator to determine whether or not the
suspect is lying, evasive or deceptive.
5. Intellectual approach - in this method of
interrogation, the questioning is
characterized with frankness and matter-of-
fact accusations. The suspect is confronted
with hard, undisputed facts and
encouraged to weight the advantages of
cooperating rather than not-cooperating.
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6. Mixed approach – the combination of any or
all of the above techniques.
Example of intellectual approach:
In our previous imaginary case in our discussion
in interview (page 4 & 5), suppose you came face to
face with Jack Tattoo and initiate the following
intellectual approach:
1. I am PO1 Devil from Cebu, are you Jack
Tattoo? Ans. Yes I am. Why do you ask?
2. You have the right to remain silent, etc. etc.
3. Jack, I have information that on the night
of August 1, 2013, you went to Basak and
shot Juan dela Cruz. I also had information
that several days before the shooting, you
quarreled with the victim because of Angel
from Tacloban. The victim died from a .45
Cal. Pistol registered in your name.
Witnesses saw the culprit ride a yellow
Honda XRM towards your barangay in
Marigondon. I conducted a background
check at LTO and found you owned a yellow
Honda XRM motorcycle. If I were you, I
would voluntarily surrender and admit the
crime so you can avail of mitigating
circumstances under the law. Even if you
hire the best lawyer you could find, I
guarantee you will be convicted.
Distinctions between Interview & Interrogations:
Interview Interrogation
Friendly & Cooperative Hostile &
Confrontational
Purpose is to gather
unknown facts and/or
verify known facts
Purpose is to obtain
confession
Does not require
Miranda warning
Miranda warning is
required if subject is the
accused. If subject is a
hostile witness
(uncooperative), no
Miranda required.
Applies to cooperative
witnesses
Applies to suspects and
hostile witnesses
INVESTIGATION OF CERTAIN TYPES OF
CRIMES (SPECIAL CRIME INVESTIGATION)
Investigating crimes is a joint responsibility of
every police officers, whether assigned on desk,
patrol or investigation. Ordinarily, the combined
efforts of these officers are sufficient to solve
“COMMON” crimes such as theft, physical injuries
or malicious mischief – matters that are usually
covered during basic police training and are thus
considered within the capability of each policeman
to solve.
However, there are crimes categorized as
“SPECIAL” because the complex nature of the
offense require additional qualifications and highly
specialized training – matters that are encountered
only in advanced schooling.
As understood in INTERNATIONAL context, the
following are areas of Special Crime Investigation:
1. Cold case investigation
2. Post-blast investigation
3. Air-crash investigation
4. Maritime disasters
5. Transnational crimes investigation:
- Terrorism
- Organized crime
- Human Trafficking
- Money laundering
- Computer crimes
6. Environmental crimes
In the Philippine setting, the following are
considered by the PNP as Special Crime
Investigation:
1. Homicide
2. Robbery
3. Rape
4. Kidnapping
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5. Carnapping
6. Bomb threats and explosions
7. Illegal recruitment
8. Terrorist activities
(Note: The topic on Special Crimes Investigation in
the Philippine Settings will be covered in another
handouts by Prof. Negro).
CASE PREPARATION
After doing everything we discussed above, the
investigator now shifts to case preparation, which
is loosely defined as “the gathering of all records of
the case in an orderly, chronological and logical
manner, prior to the filing of the complaint”.
These records consist of the following:
1. Affidavits of complainant and witnesses
2. Affidavit of arresting officers (in case of
entrapment or warrantless arrests)
3. Initial or spot report
4. Progress reports
5. Crime laboratory examination results
6. Closing or Final report which contains the
recommendations of the LEAD investigator
7. Indorsment by the Chief
Police Reports
Police reports are the official record of the actions
taken by various police personnel in relation to an
event, incidence or crime.
Kinds:
1. Initial or Spot report – made immediately after
an incident. Usually, within 24 hours. Usually
made by patrol officers or first responders. In some
cases, entries in the police BLOTTER made by desk
officers also constitute a spot report;
2. Progress reports – contains a brief of actions
taken after the initial investigation. Usually,
criminal cases involves several progress reports
which the lead investigator collates alongside the
initial report and other documents; and
3. Final or Closing report – contains a summary of
all the findings, reports, documents and affidavits
and well as the recommendations of the lead
investigator. Unlike progress reports, there can
only be one final report.
Characteristics of a good report:
The quality of your work as an investigator is
judged by the quality of your report. Ideally, a
police report must be like a bikini – brief enough to
make it interesting, yet broad enough to cover the
most interesting parts. Thus, the following
characteristics are desirable in a report:
Keyword: FACTUAL
1. Factual & Objective – the report must be based
on facts and must be free of conjectures,
speculations or opinions;
2. Accurate – the information contained in the
report must be precise;
3. Concise & Complete – Concise means the report
must be as short as possible, direct to the point
and not circuitous. Complete means the report
must contain all the essential elements of
information (5W’s & 1H);
4. Timely – the report must be submitted on time,
otherwise, it becomes stale and useless;
5. Unadulterated – the report must not be
embellished. Statements made by the witnesses
must be recorded in “full” without adding or
subtracting from what the witness said, even if the
investigator believes that the statement made by
the witness is wrong. Your job is to record it, not to
edit it;
6. Analytical – the report must develop one unified
theme culled from all the different sources of
information;
7. Legible – the report must be made in such a
manner that others can read and understand its
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content, especially in case of handwritten reports.
This is important, as handling officers may be
assigned in different jurisdiction, retires, or may
become unavailable, so that other officers who
assume the investigation must be able to continue
the work of the previous investigator.
PART 2…
SELF EVALUATION QUESTIONS:
Q. A fictional character created by Sir Arthur
Conan Doyle that employed scientific means of
criminal investigation even before the worlds’ first
scientific crime laboratory was established.
a) Eugene Francois Vidocq
b) Sgt. Popay
c) Insp. Alvarez
d) Sherlock Holmes
e) None of the above
Q. A former convicted thief who became a
prominent official of Brigata de la Surete, a French
detective agency.
a) Eugene Francois Vidoque
b) Sgt. Popay
c) Insp. Alvarez
d) Sherlock Holmes
e) None of the above
Q. A detective of the London Metropolitan Police
who was dismissed following his successful
infiltration of anarchists because he instigated use
of violence by the group.
a) Eugene Francois Vidoque
b) Sgt. Popay
c) Insp. Alvarez
d) Sherlock Holmes
e) None of the above
Q. Austrian magistrate recognized as the father of
Criminalistics. He authored the first treatise on
Scientific Criminal Investigation.
a) Dr. Mathieu Orfilla
b) Dr. Rafael Genard Y Mas
c) Dr. Henry Faulds
d) Dr. Hanz Gross
e) Dr. Cesare Lombroso
Q. The world’s first crime laboratory was
established by Edmond Locard in:
a) London, England
b) Los Angeles, California
c) Buenos Aires, Argentina
d) Lyons, France
e) Manila, Philippines
Q. The first complete crime laboratory was
established in the United States by:
a) Orlando W Wilson
b) John Edgar Hoover
c) Paul Lleland Kirk
d) Alan Pinkerton
e) August Vollmer
Q. _____________ means the observed violation of a
law, which triggers the operation of the criminal
justice system.
a) Investigation
b) Detection
c) Observation
d) Commission
e) Omission
Q. Investigation came from this Latin word which
means “to track or trace”.
a) Viagra
b) Vestigare
c) Stigmata
d) Turbare
e) Interregnum
Q. To follow step-by-step by patient inquiry or
observation; to search into, examine and inquire
with care and accuracy.
a) Criminal Investigation
b) Inquest
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c) Investigation
d) Locus Criminis
e) Crime Scene Search
Q. The process of discovering, collecting, preparing,
identifying and presenting evidence to prove the
truth of a detected violation of penal law.
a) Criminal Investigation
b) Inquest
c) Investigation
d) Locus Criminis
e) Crime Scene Search
Q. Refers to the detailed attempt to re-live, re-enact
or re-visit what really happened over a particular
setting. This involves the “putting together” of all
pieces of the puzzle so that a more complete
picture of an event is clearly seen as well as the
circumstances surrounding its commission.
a) Crime scene reconstruction
b) Crime scene investigation
c) Crime scene analysis
d) Crime scene search
e) Crime scene interpretation
Q. One of the following is not a goal of criminal
investigation.
a) To appease the public
b) To recover stolen property
c) To arrest the suspect
d) To obtain evidence legally
e) To determine if a crime has been committed
Q. Effective investigators are emotionally well
balanced, detached, inquisitive, suspecting,
discerning, humble, self-disciplined and
perseverant.
a) Intellectual characteristics
b) Psychological characteristics
c) Physical characteristics
d) All of the above
e) None of the above
Q. Ability to retain information, apply technical
knowledge, logical, open-minded and objective.
a) Intellectual characteristics
b) Psychological characteristics
c) Physical characteristics
d) All of the above
e) None of the above
Q. An ideal investigator must have the ability to
endure the rigors of investigative works such as
working for long hours, exposure to elements,
inadequate rest, conducting search on difficult
environments, etc.
a) Intellectual characteristics
b) Psychological characteristics
c) Physical characteristics
d) All of the above
e) None of the above
Q. Knows how to manufacture evidence and
forcefully extract information from any person.
a) Intellectual characteristics
b) Psychological characteristics
c) Physical characteristics
d) All of the above
e) None of the above
Q. The three tools available to the investigator.
a) Information, Instrumentation, Intelligence
b) Interview, Instrumentation, Intelligence
c) Information, Instrumentation, Interrogation
d) Interview, Instrumentation, Interrogation
e) Information, Instrumentation, Interview
Q. Which of the following has little or no use to the
investigator?
a) Camera
b) Notebook and Pen
c) Tape measure
d) Surveillance
e) None of these
Q. The focal point or place where evidence of
criminal activities are concentrated.
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a) Crime scene
b) Office room
c) Household
d) Street corner
e) Church
Q. The exact place where a crime principally took
place, regardless if it was continued elsewhere.
a) Inner perimeter
b) Outer perimeter
c) Primary crime scene
d) Secondary crime scene
e) Police Interns Office
Q. Place subsequent to the commission of the main
offense where the effects, proceeds of the crime or
corpus dilicti was continued, transferred or
disposed of.
a) Inner perimeter
b) Outer perimeter
c) Primary crime scene
d) Secondary crime scene
e) Police Interns Office
Q. Identify which among the following qualifies as
the most urgent task of the first responders.
a) neutralize any threat
b) cordon the scene
c) render aid to the injured
d) identify witnesses
e) locate important objects
Q. After all threats have been dealt with, the most
important task is:
a) neutralize any threat
b) cordon the scene
c) render aid to the injured
d) identify witnesses
e) locate important objects
Q. This type of search focuses on a focal point
where most of the crucial evidence are
concentrated and spreads outward on a circular
pattern.
a) Strip
b) Double strip
c) Wheel or pie
d) Spiral
e) Grid or zone
Q. Search pattern most suitable for processing
large areas with different terrains or multi-storey
buildings.
a) Strip
b) Double strip
c) Wheel or pie
d) Spiral
e) Grid or zone
Q. This search is more thorough than a single strip
but it takes longer to complete and some evidence
found during the second pass may actually be left
behind during the first search.
a) Strip
b) Double strip
c) Wheel or pie
d) Spiral
e) Grid or zone
Q. In a traffic accident, where will you begin your
search? (Oct., 2011)
a) Faulty driver
b) Street
c) Point of impact
d) Disengagement
e) Passenger
Q. In a fire investigation, which among the
following burn indicators will you focus your
search in? (Oct., 2011)
a) Origin of fire
b) Alligatoring
c) Witnesses
d) Spalling
e) Fire direction
Q. Which among the following crime scenes require
a search warrant?
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a) Hot scene
b) Warm scene
c) Cold scene
d) All of these
e) None of these
Q. The requirements for issuance of a valid Search
warrant does not include:
a) Probable cause
b) Personally examined by the fiscal in the form of
searching questions & answers
c) Based on personal knowledge of complainant or
any witnesses
d) In connection with one particular offense
e) Particularly describing the place to be searched
or the persons or things to be seized
Q. A search warrant issued by Judge Paredes to
CIDG on February 10, 2011 is valid up to?
a) February 20, 2011
b) February 21, 2011
c) February 22, 2011
d) February 23, 2011
e) Valid until revoked
Q. Part of field notes that graphically record the
scene and the important evidence within it by
describing each objects or documents, indicating
the relative position of one object from another,
including their distances and measurements.
a) Rough sketch
b) Final sketch
c) Photographs
d) Videos
e) Audios
Q. Outdoor crime scenes with at least two
landmark points of coordinates can be better
drawn by measuring the distance of objects from
the landmark and its angles.
a) Straight baseline method
b) Diagonal baseline method
c) Triangulation method
d) Cross-projection method
e) Any of the above
Q. Objects imbedded on walls and ceilings are best
illustrated and measured using:
a) Straight baseline method
b) Diagonal baseline method
c) Triangulation method
d) Cross-projection method
e) Any of the above
Q. Presents the general view of a place where a
crime took place, indicating its location by
including dominant features of the surroundings
such as tall buildings, monuments, bridges or
parks.
a) Long-range photograph
b) Mid-range photograph
c) Close-range photograph
d) Macrophotography
e) Microphotography
Q. The taking of photographs up-close, usually
with a ruler or measuring device, to indicate exact
size.
a) Long-range photograph
b) Mid-range photograph
c) Close-range photograph
d) Macrophotography
e) Microphotography
Q. Investigation that is carried out long after the
crime was committed but before the expiration of
the statutory period for extinction.
a) Hot case investigation
b) Warm case investigation
c) Cold case investigation
d) Investigation in aid of legislation
e) Kangaroo court investigation
Q. Investigative technique of employing covert ways
and means in order to catch a criminal in the act.
a) White-wash
b) Frame up
c) Entrapment
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d) Instigation
e) All of these
Q. Unethical investigative practice wherein a crime
committed by another is made to appear to have
been committed by an innocent person.
a) White-wash
b) Frame-up
c) Entrapment
d) Instigation
e) All of these
Q. Unprofessional investigative practice wherein a
crime actually committed is concealed, white-
washed or hidden by officially denying that a
violation of the law was committed.
a) Cover-up
b) Frame-up
c) Entrapment
d) Instigation
e) All of these
Q. Any object, thing, document, information or
clue that points to the identity of the perpetrator:
a) Lead
b) Tip
c) Intuition
d) Personal identification
e) Sketch
Q. The uncanny ability of a seasoned investigator
to identify leads, recognize evidence and locate
witnesses. This can only be developed through
experience and is usually cited as the reason why
investigation is also an art.
a) Lead
b) Tip
c) Intuition
d) Personal identification
e) Sketch
Q. Man is essentially a creature of habit. This
means that a successful criminal will commit
future crimes in a more or less identical manner.
a) Modus operandi
b) Associative evidence
c) Trace evidence
d) Trophy
e) Souvenir
Q. When several sexual assaults are committed on
different occasions at different places by an
unknown person exhibiting a single modus
operandi.
a) Serial rapist
b) Mass rapist
c) Genocide
d) Continuing crime
e) Assassin
Q. When more than four persons are feloniously
and intentionally killed on a single place and time.
a) Serial killing
b) Mass murder
c) Genocide
d) Multiple offense
e) Assassin
Q. The deliberate, systematic and sustained
elimination, obliteration or destruction of an entire
tribe, religious or ethnic group, with a view of
permanently removing them from the face of the
Earth.
a) Serial killing
b) Mass murder
c) Genocide
d) Continuing offense
e) Assassin
Q. ___________ is a professional paid to liquidate a
specific target. This term has its roots on the word
“hashish” which is given as a reward to hired
killers in the Middle East during the medieval
periods.
a) Serial killing
b) Mass murder
c) Multiple crime
d) Continuing offense
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e) Assasin
Q. When two objects come into contact with one
another, they will leave traces of each other. There
is a cross-transference or mutual-exchange of
information resulting to “trace” and “associative”
evidence.
a) Bogart’s principle of criminalistics
b) Locard’s exchange principle
c) Goddard’s ballistic principle
d) Salazar’s fingering principle
e) Gross’ principle of forensics
Q. Evidence found on the crime scene that places
the suspect in the scene such as fingerprints, hairs
or fibers.
a) Modus operandi
b) Associative evidence
c) Tracing evidence
d) Trophy
e) Souvenir
Q. Articles or matters found at the scene which aid
in the establishment of the identity of the
perpetrator.
a) Modus operandi
b) Associative evidence
c) Tracing evidence
d) Trophy
e) Souvenir
Q. Evidence found on the person of the suspect
that places him at the scene of the crime such as
bite-marks, defensive wounds, fruits of the crime,
etc.
a) Modus operandi
b) Associative evidence
c) Tracing evidence
d) Trophy
e) Souvenir
Q. Evidence such as plane tickets, hotel check-in
details, restaurant bills, phone call records, ATM
withdrawal slips, etc. that leaves a clue to the
movement and location of a known suspect.
a) Modus operandi
b) Associative evidence
c) Tracing evidence
d) Trophy
e) Souvenir
Q. Part of the victim that is kept by the offender as
a memento such as pubic hairs, ears, fingers, etc.
a) Modus operandi
b) Associative evidence
c) Trace evidence
d) Trophy
e) Souvenir
Q. A thing, object or anything that is taken from
the scene by the criminal as a remembrance, such
as photographs, keys, stickers, bras, panties, etc.
a) Modus operandi
b) Associative evidence
c) Trace evidence
d) Trophy
e) Souvenir
Q. Simply means continuity of possession. It
implies that the evidence presented in court are
the same evidence taken from the crime scene and
any changes that may occur from the time the
evidence is recovered up to the time it is presented
can be sufficiently explained.
a) chain of command
b) chain of custody
c) evidence tracking
d) tracing evidence
e) preservation of evidence
Q. _____________ also refers to the number of
persons who handled the evidence between the
discovery of the offense up to the disposition of the
case in court.
a) chain of command
b) chain of custody
c) evidence tracking
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d) tracing evidence
e) preservation of evidence
Q. A moving force which impels a person to act:
a) Modus operandi
b) Motive
c) Intent
d) Desire
e) Opportunity
Q. _________________ is the casual, cooperative and
friendly inquiry involving a person who may have
information regarding the commission of a specific
crime under investigation.
a) Interview
b) Interrogation
c) Torture
d) Polygraph
e) Confession
Q. A person who furnishes information based on
personal knowledge during interview is a source of
what type of evidence?
a) Object evidence
b) Documentary evidence
c) Testimonial evidence
d) Hearsay evidence
e) Confession
Q. If you are a police investigator, which among the
following individuals should you consider best for
interview?
a) One who was present at the crime scene, but
inattentive
b) One who was present and attentive at the crime
scene
c) One who was present at the crime scene, but
had been intoxicated.
d) One who was attentive to what was happening
e) One who is willing to be manipulated by the
police
Q. According to Swanson, Chamelin & Territo, the
greatest problem with mistaken identity is
____________.
a) Miscarriage of justice
b) Wasted police time
c) Bad publicity
d) Ineffective policing
e) None of these
Q. This requires strict compliance of legal
requirements. In this situation, the person subject
to questioning is either a suspect or a hostile
witness.
a) Interview
b) Interrogation
c) Torture
d) Polygraph
e) Confession
Q. Why is it important to distinguish between an
interview and an interrogation?
a) Numerous legal requirements apply in
interrogations but not in interviews
b) There is no difference
c) Interviews are intended to elicit confessions
d) Interrogations result in convictions
e) I don’t care
Q. The purpose of Interrogation are the following,
except:
a) To test information already obtained
b) To secure a confession
c) To confront the suspect with the truth
d) To exclude the guilty
e) None of these
Q. One of the following is not a scientific approach
to interrogation:
a) Sympathetic approach
b) Cognitive interview technique
c) Logical approach
d) Water boarding
e) Reflective interview technique
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Q. In this form of tactical interrogation, two police
investigators form a tandem; one of them is
friendly towards the suspect while the other is
hostile.
a) Mutt and Jeff
b) Hot and Cold
c) Good-cop, Bad-cop
d) All of these
e) None of these
Q. The right of a person suspected to have
committed an offense to be informed of his right to
remain silent and be assisted by counsel preferably
of his own choice.
a) Right to bail
b) Right to presumption of innocence
c) Miranda right
d) Right to confront witnesses
e) Freedom from unreasonable search or seizure
Q. The warnings in Miranda v. Arizona does not
include the suspects’ right to:
a) Confess to the crime voluntarily in the presence
of counsel
b) Be warned that anything he says or do may be
used against him in a court of law
c) Have a competent counsel de parte or ex officio
d) Be informed of his right to remain silent
e) None of the above
Q. An acknowledgment of fact, falling short of an
acknowledgment of guilt, made by the suspect in
the course of an investigation.
a) Judicial confession
b) Extrajudicial admission
c) Judicial admission
d) Extrajudicial confession
e) Admission
Q. An acknowledgment of all the material facts of a
particular crime, including the guilt, made by the
suspect in the course of trial.
a) Judicial confession
b) Extrajudicial admission
c) Judicial admission
d) Extrajudicial confession
e) Admission
Q. Field notes must be an exact and correct
representation of facts obtained in the course of
the investigation.
a) Complete
b) Accurate
c) Timely
d) Unadulterated
e) Legible
Q. Note and record all available information,
particularly the basic 5 W’s and 1 H of report
writing.
a) Completeness
b) Accuracy
c) Timeliness
d) Faithfulness
e) Legibility
Q. As a general rule, a person may only be arrested
with a warrant. Which among the following
instances permits the arrest of a suspect even in
the absence of judicial warrant?
a) Hot pursuit
b) Inflagrante delicto
c) Fugitives from justice
d) All of these
e) None of these
Q. The general investigative sequence in case
warrantless arrests are no longer proper is:
1. Proceed to the area where a reported offense
allegedly took place
2. Make a preliminary determination if a crime has
been committed
3. Deal with any emergencies first
4. Process the scene, take photographs, record all
activities
5. Release the scene
6. Identify & Interview witnesses
7. Interrogate suspects & uncooperative witnesses
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8. Submit the case folder containing your findings
to the prosecutor
9. Wait for the issuance of the warrant of arrest
a) Steps 1, 2, 3, 4, 5, 6, 7, 8 & 9 is correct
b) Steps 2, 1, 4, 3, 6, 5, 7, 8 & 9 is correct
c) Steps 1, 3, 2, 6, 7, 4, 5, 8 & 9 is correct
d) Any steps could be followed
Q. According to Bennet & Hess, the most
successful investigations are systematic, thorough
and takes time. This helps ensure an airtight case
that does not result to waste of time, money and
effort. On the other hand, “instantaneous”
investigations are haphazard, unprofessional and
results to wrongful prosecution of innocent
persons.
a) Agree
b) Disagree
c) Partly agree
d) Partly disagree
e) None of these
Q. The process of documenting in a systematic and
logical manner all evidence collected during the
investigation and submit it before the public
prosecutor for evaluation.
a) case preparation
b) order maintenance
c) crime prevention
d) public service
e) journalism
Q. A pictorial collection of past offenders known to
the police & presented to an eye-witness for
examination. They are usually indexed, catalogued
and recorded according to sex, type of crimes,
modus operandi and place of commission.
a) Police line-up
b) Rouges gallery
c) Order of battle report
d) Personal status report
e) Crime album
Q. Mug shots are also known as:
a) Police line-up
b) Rouges gallery
c) Order of battle report
d) Personal status report
e) Crime album
Q. The current practice of presenting a “Rogue’s
Gallery” to the victim for identification purposes
has its origins in:
a) Mulberry street morning parade
b) Sketching
c) Medieval firing squad
d) Portrait parle
e) Inquisition
Q. Police line-up can be traced back to:
a) Mulberry street morning parade
b) Sketch
c) Medieval firing squad
d) Portrait parle
e) Inquisition
Q. A valid positive identification in a police line-up
requires:
a) More than two suspects
b) Not suggestive as to guilt
c) Not suggestive as to identity
d) All of these
e) a & c only
Q. Doctrinal rule which states that evidence
illegally obtained in the course of the police
investigation cannot be admitted during trial.
a) Fruit of the poisonous tree
b) Irrelevant evidence
c) Immaterial evidence
d) Inadmissible evidence
e) Hearsay evidence
Q. The world’s first conviction using DNA evidence
was obtained in England through:
a) William West & Will West case
b) Colin Pitchfork case
c) Terry v. Ohio case
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d) Frank Daubert case
e) In Re: Gault case
Q. The case that proved that Dactyloscopy is a far
superior tool for identification and individualization
than Anthopometry:
a) William West & Will West case
b) Colin Pitchfork case
c) Terry v. Ohio case
d) Frank Daubert case
e) In Re: Gault case
REFERENCES:
1. Criminal Investigation, By: Swanson,
Chamelin & Territo, McGraw Hill
Publishing Co. 2004
2. Criminal Investigation, By: Hess &
Orthman, Cengage Learning, 2010
Philippine Edition
3. Criminal Investigation, By: JDempsey,
Cengage Learning, 2nd Ed.
4. Criminalistics, an Introduction to Forensic
Science, By: RSaferstein, Prentice Hall, 9th
Ed.
5. Techniques of Crime Scene Investigations,
By: Fisher & Fisher, CRC Press, 7th Ed.
6. FBI Handbook of Crime Scene Forensics,
Federal Bureau of Investigations, Skyhorse
Publishing, 2008
7. Intro. to Theory, Practice & Career Devt. in
Public & Private Invst., Gunter & Hertig,
2005
Recommended