NOTES ON FUNDAMENTALS OF CRIMINAL INVESTIGATION

HISTORICAL BACKGROUND OF CRIMINAL INVESTIGATION

JONATHAN WILD (1720) - A buckle maker, a brothel operator, and a master criminal a
became London’s most effective criminal investigator. He was the most
famous thief catcher. His methods made popular the logic of “employing a
thief to catch a thief”. He conceived the idea of charging a fee for locating
and returning stolen property to its rightful owner.

HENRY FIELDING (1754)- An Englishman who wrote a novel, “Tom Jones” was appointed
as magistrate (sheriff) for the areas of Westminster and Middlesex in
London. He operated out of a court in London located on Bow Street.
Shortly after his taking office, the London population saw a group of
police officers attached to the bow Street court, and not in uniform,
performing criminal investigation functions.

SIR JOHN FIELDING (1756)- The younger brother of Henry took over the control of Bow
Street Court in 1753. His investigations were then called “Bow Street
Runners” and became quite effective because of developing paid
informants, printing wanted notices, employing criminal raids, and bearing
firearms and handcuffs.

PATRICK COLQUHOUN (1800 London)- A notorious thief catcher and former convict. He
proposed the unique idea of a sizeable uniform force to police the city. He
and those criminals under his direction operated with the complete
sanction of the police. At the end of a lengthy criminal career in 1809, he
offered his services as an informer to the Paris police authorities. He
surfaced as a secret informer in 1817 and, under police authorization,
formed the first Paris Police detective bureau.

SIR ROBERT PEEL- he reiterated the idea of creating a sizeable police force. The eventual
passage of his recommendations, known as the METROPOLITAN
POLICE ACT, was to have a tremendous impact on the history of criminal
justice in general and on the development of criminal investigation
specifically.

The officers of the London Metropolitan Police were nickname as

“bobbies” after Sir Robert. His concept and actions serve as a model for
police administrators.

CHARLES DICKENS- Famous English novelist that popularized the SCOTLAND YARD. He
edited a popular magazine in London in which appeared many articles
describing the noble investigative efforts of the “yard”. It was through his
writings and other literacy efforts the London’s public became gradually
more acceptant of the officer in plain clothes.

In his novel “Black House”, published in 1853, he introduced the term

“detective”, the first recorded appearance of the word specifically
designating an investigative law enforcement officer.

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HOWARD VINCENT (1877)- Head of the Scotland Yard organized investigators known as the
CRIMINAL INVESTIGATION DEPARTMENT. He is a London lawyer
without field police experience, who had observed operations of the Paris
Police. The department contained several hundred detectives.

FRANCIS TUKEY AND ALLAN PINKERTON- America’s early detectives who were
appointed by influential mayors due to the criminal occurrences in the
nineteenth century.

ALLAN PIRKENTON- America’s foremost private detective. By profession, he was a self-

employed barrel and cask maker. While scouting for wood supplies to be
used in his business, he detected and later apprehended a local gang of
counterfeiters. Soon after his counterfeiting experience, local citizens
besieged him for assistance in recovering stolen property and other
investigative matters. He became the first detective of the Chicago Police
Department in 1849.

THOMAS BYRNES- Chief detectives of New York City, was one of the famous investigators
of the nineteenth century. An unusually keen-minded individual with 32
years of police experience, he trained his detectives in recognizing
individual criminal techniques. This method was later to be known as “
modus operandi” of method of operation and is considered an essential
tool of investigation to this day.

EDGAR HOOVER- under his dictatorship in 1924, the Federal Bureau of Investigation was
organized. This bureau then contributed to the overall development of
criminal investigation. The creation of a nationwide identification file in
Washington, operated by the FBI, was a major step in consolidating
identification records of thousands of individual police departments.

PIONEERS IN CRIME DETECTION AND INVESTIGATION

JONATHAN WILD (1720)- A REFOREMED CRIMINAL, BECAME London’s most

effective criminal investigators. He became the most famous thief-catcher
in 1720’2. His methods popularized the idea of employing a thief to catch
a thief. He in traduced the idea of charging a fee for locating and returning
stolen property to its rightful owners.

HENRY FIELDING (1750’s) - An Englishman who wrote a novel entitled “Tom Jones”, was
appointed as magistrate (sheriff) for the areas of Westminster and middle
in London. While he was the magistrate, he formed a group of non-
uniform thief catcher attached to the bow street court whose function is to
detect and watch criminals.

SIR JOHN FIELDING (1756)- The younger brother of Henry took over the control of Bow
Street Court in 1753. His investigations were then called “Bow Street
Runners” and became quite effective because of developing paid
informants, printing wanted notices, employing criminal raids, and bearing
firearms and handcuffs.

EUGENE “FRANCOIS” VIDOCQ (1811)- A former convict who became a Paris

investigator, founded Brigade De La Surete (now known as
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 suretenationale) which became the national detective agency of France.
Vidocq popularized the principle of “ set a thief to catch a thief”. He also
introduced “trade protection police”, which became forerunner of our
credit card system. For a fee, any owner of a shop or business
establishment could obtain particulars concerning the financial insolvency
of new customers. He created a squad of ex-convicts to aid the Paris police
in investigating crimes.

PATRICK COLQUHOUN (1800)- a prominent London resident, proposed the unique idea of
creating a sizeable uniformed police force to secure the city of London as
an answer to the alarming increases of criminality. His proposal was
considered too radical it was dismissed by the royal court.

SIR ROBERT PEEL- he reiterated the idea of creating a sizeable police force. The eventual
passage of his recommendations, known as the METROPOLITAN
POLICE ACT, was to have a tremendous impact on the history of criminal
justice in general and on the development of criminal investigation
specifically.

The officers of the London Metropolitan Police were nickname as

“bobbies” after Sir Robert. His concept and actions serve as a model for
police administrators.

HENRY GODDARD (1835)- on of the Scotland Yard’s original Bow street Runners, first used
bullet comparison to catch a murderer. His comparison was based on a
visible flaw in the bullet that was tracked back to a mold.

ALLAN PIRKENTON- America’s foremost private detective. By profession, he was a self-

employed barrel and cask maker. While scouting for wood supplies to be
used in his business, he detected and later apprehended a local gang of
counterfeiters. Soon after his counterfeiting experience, local citizens
besieged him for assistance in recovering stolen property and other
investigative matters. He became the first detective of the Chicago Police
Department in 1849.

THOMAS BYRNES- the New York Chief of Detectives in 1866 introduced the Modus
operandi file.

ALPHONSE BERTILLON- A French Police Clerk, introduced in 1882 the fist systematic
identification system based on “ANTHROPOMETRY”. He was
recognized as the founder of Criminal Identification. A year later, he
successfully identified the first recidivist using the technique that he
developed.

DR. ARTHUR CONAN DOYLE- popularized in 1887 scientific criminal investigation by

creating a fictional detective “SHERLOCK HOLMES” and his friend Dr.
Watson Holmes was featured in 6 short stories and 4 novels. The 1st
Sherlock Holmes story was published in Beaton’s Christmas annual of
London.

FRANCIS GALTON- An English scientist published in 1892 his study on classifying

fingerprints. While other scientist was studying fingerprints in their
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 biological nature, Galton’s recognized their uniqueness and potentiality/
significance in criminal identification. In 1892, Sir Francis Galton
published “FINGERPRINTS”, the first comprehensive book on the nature
of fingerprints and their use in solving crimes.

DR. HANS GROSS- A native of Graz, Austria, published in 1891 Criminal investigation that
contained the first comprehensive description of physical evidence in
solving crimes.

JOHN DEMPSEY- categorized different types of investigation as carried out by law

enforcement agencies. (Criminal and non criminal, reactive and pro-active
and overt and covert investigation).

I. Introduction to Criminal Investigation

1. Definition of Criminal Investigation

Based on etymology, the term investigation came from the Latin word investigare
(vestigare in some books) which means “to track or look into for trace”. Fundamentally, it may
have been derived from vestigium, another Latin word which means “footprint”.

In its simplest connotation, investigate means “to take a look and see what happened”. In
a more detailed definition, investigate means “to carry out a detailed examination or inquiry,
usually in official manner, to discover something or somebody”.

In Roget’s International Thesaurus (2002), investigate is synonymous to discuss and

explore while investigation is synonymous to discussion and research.

In Webster’s New World Dictionary (2000), investigate means “to search into; examine
in detail; or inquire into systematically”. On the other hand, investigation means “a careful
search or examination of something, or a systematic inquiry”.

2. Type of Investigation

According to Burstein (1999), there are six major types of investigation: formal
investigation, inquest, inquisition, probe, research and investigative report.

1. FORMAL INVESTIGATION refers to the official inquiry conducted by a government

agency in an effort to uncover facts and determine the truth. This type of investigation is
usually considered as some from of inquiry concerning criminal activity. In effect, formal
investigation is typically done by law enforcement agencies to discover facts concerning
a civil or criminal case.
2. INQUEST is an effort to search the basic cause of an incident such as the commission of
a crime. It is used to describe a form of judicial inquiry. Thus, inquest is frequently
associated with investigations conducted by public prosecutors to determine if legal
grounds exist in filing a criminal complaint against a person. Another form of inquest is
the examination conducted by medico-legal officer as requested by police investigators or
prosecutors for the purpose of determining the cause of the death.
3. INQUISITION is a more historical description than a current usage to describe any
penetrating investigation concerning a religious issue. The term inquisition became a
disgusting word as a result of its ruthless application in relation to inquiries done in
Europe during the 15th century to suppress heretics.

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 4. PROBE is similar to formal investigation, it is an extensive, searching inquiry conducted
by a government agency. It is often associated with committees, usually in the form of
the legislative inquiries. Example is the investigation conducted by the Senate Blue
Ribbon Committee.
5. RESEARCH is most often employed to refer the careful, patient investigations done by
scientist of scholar in their effort to identify original source of data or causes of problem.
6. INVESTIGATIVE REPORT relatively speaking is a recent type of investigative pursued
by the members of the press on their own initiative. It is designed to satisfy 2 purposes:
a. To attract readers/viewers
b. To get to the roots of a problem

John Dempsey (2003, p.32-35), on the other hand, categorized different types of
investigation as carried out by law enforcement agencies: criminal or non-criminal
investigations, reactive or pro-active investigations and over-covert investigations.

1. CRIMINAL vs. NON-CRIMINAL INVESTIGATION

Criminal investigation is usually carried out by the police with the goal of prosecuting the
person responsible for the commission of a crime. This type of investigation can also be assigned
to private investigators.

Non-criminal investigation involves inquiry on non-criminal incident or events. It can be

conducted by the public police or private investigators.

The main difference between non-criminal investigation by the public police and private
investigators is that police investigators are funded by the government, whereas private
investigators are paid for by individual clients or business.

2. REACTIVE vs. PRO-ACTIVE INVESTIGATION

Reactive investigation is a type of investigation that is initiated on the basis of a

complaint filed by a victim or any concerned citizen. For example, a person is a victim of a
robbery then filed a complaint to the police. The police then carry out a reactive investigation.

Dempsey identified two types of reactive investigation: primary and follow-up

investigation (also called latent investigation).

a. PRIMARY INVESTIGATION is the initial inquiry into a reported crime and is generally
conducted by a uniformed patrol officer. The patrol officer must prepare first the written
report of the crime, which is generally called “an incident or complaint report”.
b. FOLLOW-UP or LATENT INVESTIGATION is assigned to train police detectives and
it usually involves processing physical evidence, interviewing witnesses, interrogation of
suspects, conducting record search, surveillance operations, and following other
investigatory practices.

Jack Kuyndall describes three categories of reactive investigations based on the initial
circumstances surrounding the case.

a. WALK THROUGH: This is the type of investigation on a case wherein the suspect is
easily determined and located and detectives must only observe legal guidelines to reach
a solution.
b. WHERE-ARE-THEY: The appropriate type of investigation to use in case the suspect
has been tentatively identified but has not been located. The case may have simple
solution or it involves complex mystery.

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 c. WHO DID IT: This is a case in which no suspect is initially identified. Majority of
crimes reported to the police are under this category are rarely solved.

Proactive investigation is an investigation conducted by the police based on their own

initiative. These are designed to catch a criminal in the act of committing a crime, rather than
waiting until a crime is reported by a concern citizen. Pro-active investigation may be of the
following types:

a. Decoy operation
b. Repeat – Offender Programs (ROP’s)
c. Undercover operation

3. OVERT vs. COVERT INVESTIGATION

Overt investigation is conducted openly. In other words, investigators do not try to hide
their true identity or hide the fact that they are conducting an investigation. Most reactive
investigations are overt.

A covert investigation is conducted in secret. Investigators try to hide their identity and
the fact that he is conducting an investigation. Generally, proactive investigators are covert.
Covert investigators are commonly called undercover investigator.

3. WHO CONDUCTS INVESTIGATIONS?

Fictitious investigators are those that do not exist in reality, they are only creations of
writer who focuses in inventing detective stories that may help entertain and/or educate readers.
Sherlock Holmes and his friend Dr. Watson are probably the best examples of this class of
investigators. They were created by Sir Arthur Conan Doyle, an English physician and novelist.
Holmes became famous for his powers of scientific deduction.

Government investigators are public officers acting on behalf of the government agency
that is responsible in conducting post factum inquiry on matters relating to public welfare and
safety. Examples of this category of investigators are the police investigators, (CIDG operatives),
NBI agents, BIR inspectors.

Private detectives are hired people who conduct investigations either directly or
indirectly, such as those employed by government and private attorneys, to collect information or
evidence.

CHAPTER II

WHO ARE CRIMINAL INVESTIGATORS?

Criminal investigators are fact-finders since they focus their efforts on facts that are
related to criminal activities. They could be detectives from the government or from the private
sector. Some are even fictitious just like Sherlock Holmes. To know more about criminal
investigators, consider their role and desired characteristics.

The Role of Criminal Investigators

The PNP Criminal Investigation Manual described criminal investigators as those who
collect facts concerning a crime to accomplish this three-fold aim:
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 1. To identify the guilty party
2. To apprehend the guilty party
3. To provide evidences of criminal guilt of the person/s involved

Criminal investigators are those authorized by law to conduct close analysis on criminal
cases. They are tasked to find answers to all questions concerning a crime. These tools are
information, interview, interrogation and instrumentation.

While performing investigative activities, criminal investigators must establish the

answer of the six cardinal questions. These questions, otherwise known as cardinal points in
investigation report writing, are as follows:
- WHAT (specific crime is committed)
- WHO (did the crime)
- WHEN (was it committed)
- WHERE (was the crime committed)
- WHY (was it committed)
- HOW (was the crime committed)

Criminal investigators have the following duties:

1. Establish that a crime was in fact committed under the law

2. Identify and apprehend suspected offenders
3. Recover stolen property
4. Assist the state in prosecuting the party charged with the crime

Thus, the job of the criminal investigator is to discover whether or not a law was violated;
to establish if a crime was in fact committed. Consequently, after determining what specific
crime was committed, he must discover how, when, where and why was the crime committed.

QUALITIES OF COMPETENT INVESTIGATORS

To be a competent criminal investigator, according to the National Institute of Justice

(based in Florida, United States), you must possess the following most desired characteristics:

1. Positively motivated (inspired)

2. Intuitive
3. Psychological and emotionally stable
4. Judicious or discreet (fair, equal)
5. Street-smart (observable)
6. Team-player (has a good sense of teamwork)
7. Persistent (perseverance)
8. Intelligent
9. Dedicated to his profession (loyalty)
10. A person with integrity (objective in performing his task)
11. Reliable

Motivation was identified by the NIJ as the “first primary trait of a competent
investigator”. The reason is obvious, to successfully perform a task, you must have interest of
doing it.

Motivation is a managerial function. It requires the need to inspire others to do a good

job. In investigating crime, you have to work with others because you need the service of others.
Thus, you must be able to influence other people to help you solve a case.

The primary motivation of the investigators comes from knowing that his skills will
enable him to be assigned to more challenging, complex, seemingly insoluble, and interminable
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cases. For competent investigators, the more difficult and investigation is the greater the
motivation to solve it. Furthermore, consciously or subconsciously, they are also motivated by
knowing that once their ability has been recognized, they willingly accept high-profile
investigation assignments.

According to Sir Robert Peel, it is better to let ten guilty persons escape than let one
innocent person falsely accused. A criminal investigator who is not objective or who lacks
integrity can be responsible for a guilty person’s acquittal. He is also responsible for an innocent
person’s imprisonment, fine or possibly even death, or the ruination of an organizations
reputation.

In connection with this, Atty. Richard Brown (a former District Attorney in Queens
Country, New York, United States) said that it is important to emphasize to police investigators
that they are going to lose a case if there is a perception that they are bending the truth.

Without the desirability and necessity of these 11 traits, an investigator also must have
retentive memory, patience and keen observation. In other words, a criminal investigator should
be imaginative, creative and persistent.

Due to the complexity of the criminal investigation today, an investigator must be able to
think logically, understand and sort-out volumes of data and facts. He must be capable also of
communicating and maintaining a positive relationship with fellow investigators and other
people involved in police work. He must have self-discipline, knowledge of law and scientific
techniques and inductive (as well as deductive) reasoning.

From these suggested characteristics of an investigator, you already understand that a

detective is not a mediocre person. According to Bennett & Hess, a person must possess
scientific intellectual, psychological and physical characteristics to qualify him as a competent
criminal investigator.

INTELLECTUAL CHARACTERISTIC

1. A criminal investigator must be capable of absorbing and retaining information whether it

concern basic, technical or legal subject.

2. He must be able to apply technical and legal theories in his daily work.

3. He must be capable of practicing objectivity, logic and common sense in decision-making.

This is more desirable than exceptional intelligence.

4. He must be versatile enough to adopt with any situation. During training and while already in
the field, he must develop knowledge and skill in investigating techniques.

5. He must never stop learning or tell himself that he has learned enough knowledge in his
profession. He must continue enhancing his knowledge through academic activities, field
training, personal experience and street-learning (on-the-job experience).

PSYCHOLOGICAL CHARACTERISTIC

A criminal investigator must be:

1. Emotionally well-balanced (manage anxieties/stress/maximum tolerance).

2. Detached (approachable)

3. Inquisitive (asking a question properly by being approachable)

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4. Reasonably suspicious (but not paranoid)

5. Discerning or perceptive (capable of using intuition)

6. Self-discipline

7. Preserving (maintain, continue, pursue)

PHYSICAL CHARACTERISTIC

A criminal investigator must be physically fit and have a good vision and hearing.
Because of long and demanding hours spent in performing investigate duties, an investigator
with a good health and high energy level has an advantage over those who are not.

He must also have a working knowledge on martial arts and firearms proficiency and
capable of applying them in combat situation. He must be fit enough to apply defense tactics in
confronting, disabling and arresting suspects.

CRIMINAL INVESTIGATION DEFINED

Criminal investigation refers to the process of discovering, collecting, preparing,

identifying and presenting evidence to determine what happened and who is/are responsible.
(Bennett & Hess, 2004).

Criminal investigation involves a legal search for the people and thing that can be used to
reconstruct a crime and the mental state of the offender. The objective of this search is to
determine the truth as far as it can be discovered in any post-factum inquiry. This is done by
gathering facts that can be used to answer question relating to a crime or involving a criminal
case.

Criminal investigation is a legal inquiry caused by a complaint that is conducted to follow

up, examine, trace, track and search the facts concerning the commission of a crime through
patient, step by step and meticulous observation. This inquiry covers also the identification of
offenders, and the circumstances of the crime, by careful evaluation of all available evidences
until offender/s be brought to justice, and the innocent be relieved from any false accusation.

Criminal investigation is a branch of jurisprudence whereby scientific theories and

principles, including time-tested philosophical analysis, are applied to discover, collect and
process facts to develop information that may lead any sensible person to see the truth. However,
applying practical and scientific knowledge to solve the crime is sanctioned by rules and
protocols integrated in the criminal law.

IS CRIMINAL INVESTIGATION AN ART OR A SCIENCE?

Depending on your point of view, you may consider Criminal Investigation either as an
art or science. You may also define from the legal standpoint or you may simply define it as a
process.

CRIMINAL INVESTIGATION AS AN ART

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 Criminal Investigation is an art that deals with identification and location of the criminal
offenders then proving their guilt through criminal proceeding. Some authors stressed that
Criminal Investigation is more than an art rather than a science because it is not governed by
rigid rules or principle. Most often than not, it is governed by intuition, felicity or inspiration,
and to a minor extent, by chance or luck.

It was Hans Gross who said that Criminal Investigation is 95% perspiration, 3%
inspiration and 2% luck. This means that the investigation should not only on inspiration or luck
else they will fail 95% in their investigation. 100% effort must be exerted because inspiration or
luck may never come this way.

CRIMINAL INVESTIGATION AS A SCIENCE

Criminal Investigation is a systematic method of inquiry that is more like a science than
an art. Criminal investigators primarily apply scientific knowledge, principle and methodologies
in order to discover, identify, collect and process facts and evidences to promote justice.
However, use of scientific method must be supplemented by the investigator’s initiative and
resourcefulness in finding solution of criminal cases. The sequence of investigation must follow
a scientific operating framework that requires imagination, innovation and creativeness on the
part of the investigator.

CRIMINAL INVESTIGATION AS A PROCESS

Criminal investigation involves the systematic process of identifying, collecting,

preserving, evaluating data or raw facts to produce valuable information to prosecute a criminal
offender.

As a process, criminal investigation primarily deals with information and it should be

founded on a systematic plan. Generally speaking, what we think as evidence relating to a crime
is information subject to use. However, obtaining or developing evidence is not as easy or as
simple as what most people think. An information valuable in criminal investigation is actually
composed of data or raw facts which were gathered and then processed (or put together) to form
more distinctive information that can be recognized by a sensible person as a proof of a certain
cases, situation, or occurrence.

A systematic plan speeds-up the logical flow of investigation. Without any systematic
plan, significant evidence maybe overlooked during preliminary investigation. Evidence
identified and recovered maybe improperly preserved and wrong conclusion maybe drawn as a
consequence.

Thus, criminal investigation is an inquiry concerning an incident presumed to be

criminal. This inquiry is based in the logic, objectivity and legal sanctions whereby principles of
arts and sciences are applied in the process of accomplishing the objectives of the investigator.

FUNDMENTAL PRINCIPLE

The Trichotomy of Criminal Investigation

To understand further the nature of criminal investigation, three vital elements must e
considered. Macasiano explained that trichotomy of criminal investigation consist of training,
tools, techniques.

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TRAINING: Training, being a critical factor in developing good and competent investigator, is
the key to freedom from bandage of ignorance. Ignorant person cannot become a competent
investigator. Learned and professional investigators are effective weapon against crimes. These
kinds of investigator can be produced through organized training. Their training, however, is a
dynamic process – it never ends.

Training is effective only on men with self-discipline and prolific minds. Through
training, a person can build his confidence; broaden his vision for professional growth, and
strengthen his will to survive during crisis.

TOOLS: To establish facts and develop evidence, a Criminal Investigator must use these
tools – information, interview, interrogation and instrumentation.

Most dilemmas encountered by detectives are caused by too much reliance only on the
tools of investigation. While information, interview, interrogation and instrumentation are vital
components of investigation, complete dependence to these usually leads to messy investigation.
Therefore, success of criminal investigation depends on action between investigator’s training
and the tools and techniques he use.

TECHNIQUE: The war against crimes today is not won by more men and powerful guns
but through modern but subtle techniques. Some people insist that courtroom battle is won by
clash of words and wealth. Courtroom veterans are aware that once they engage in trial, legal
battle of techniques begins. A criminal investigator with obsolete technique is like a soldier who
enters the combat zone with outdated weapons.

THE GOLDEN RULES FOR CRIMINAL INVESTIGATION

Upon arriving at the crime scene, criminal investigator/s must observe these golden rules
before or while processing the scene. These rules can be applied to any type of crime scene.

1. Identify, and if possible, retain for questioning the person who first notified the police.
2. Determine the perpetrator by direct inquiry or through observation, if his identity is obvious.
3. Detain all people present at the crime scene.
4. Summon assistance, if necessary. Assign specific duties to assistants/subordinates, if any.
5. Immediately separate witnesses or suspects for purpose of securing independent statement.
6. protect the area by giving appropriate orders and by physically isolating it.
7. Permit only authorized people to enter the crime scene boundary.
8. Do not touch or move any object found at the crime scene.

“Never touch, alter, move, or transfer an object at the crime scene unless it was properly
marked, sketched, measured and photographed”.

THE SIX CARDINAL QUESTIONS

While performing his duties, the investigators should be able to ascertain six (6) points in
his investigation. This can be done by using six (6) recurring questions, otherwise known as
cardinal question:

WHAT specific crime was committed? – the name and designation of the crime
HOW was the offense committed? – modus operandi
WHO committed it? – identity of suspect/s
WHERE was the offense committed? – location of crime scene
WHEN was it committed? – exact date and time
WHY was it committed? – motive and intent

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 The significance of the cardinal questions are as follows:

1. Assist the investigator in making brief statements of the facts in the logbook (police blotter)
and in their reports.

2. Aid the investigator in searching the crime scene or other sources of information and evidence.

3. Guide the investigator in formulating questions in interviewing complainant and witnesses, or

in interrogating a suspect.

4. Facilitate the preparation of the MO (modus operandi) report.

5. Assist the investigator in furnishing concise investigation reports.

Patterns, leads, tips, and theories are components of the investigation process that enable
investigators to learn and understand the facts of the occurrence with which they are dealing.

Pattern refers to a series of similarities that may link particular cases or indicate that the same
person is committing a series of crimes. Pattern could include time of day, day of the week,
description of the suspects, MO, type of weapon being used, type of victim, location and other
variables.

Leads are clues or pieces of information that aid in the progress of an investigation. Leads can be
physical evidence or information received by witnesses or other persons or through surveillance,
undercover investigations and record searches. A lead is anything that can assist an investigator
in resolving an investigation.

Tips specifically refer to leads provided by citizens that aid in the progress of an investigation.
Generally, tips involve the identity of the suspect.

Theories are beliefs regarding the case based on the evidence, patterns, leads, tips and other
information developed or uncovered in a case. Theories are important because they direct the
investigation. Detectives have to be very careful in building theories about a case, because if the
theory is wrong, it may lead him in the wrong direction.

OBJECTIVES OF CRIMINAL INVESTIGATION

In the PNP setting, as stated in the investigation manual, investigation concerning a crime
involves the process of collecting facts to accomplish a three (3) fold aim. Accordingly, the three
(3) main objectives of criminal investigation are as follows:

1. To identify the guilty party (including the offended party, witnesses, relevant facts,
information and evidence).

2. To trace and locate the guilty party.

3. To provide evidence of his criminal guilt.

The criminal investigator is directly and indirectly pursuing the following purposes:

1. Determine whether or not a crime has been committed (ascertain if corpus delictiexist).

2. Verify if a criminal complaint is bona fide.

3. Legally obtain information and evidence to identify the criminal offender (responsible person).

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4. Arrest the suspect.

5. Reconstruct the crime through crime scene investigation.

6. Obtain admission or confession by means of interrogation.

7. Recover stolen properties and missing/abducted person.

8. Establish the motive and/or intent of the offender.

9. Determine and analyze the modus operandi of criminals.

10. Determine the gravity of the offense or the extent of damage of the victim (person and/or
property).

11. Obtain probable cause for purposes of securing a warrant.

12. Present the best possible case to the prosecutor.

Achieving these purposes is important in determining the truth concerning the criminal
case under investigation. The truth must be revealed because this is the courts fundamental basis
in giving justice to whom it is due.

PHASES OF CRIMINAL INVESTIGATION

Investigation concerning a criminal case generally progress in three stages, usually

described as:

1. Preliminary investigation, also known as initial investigation, which is focused in identifying

the perpetrator/s or criminal suspect.

2. Follow-up investigation, also known as continuing or in-depth investigation, which is

focused on tracing, locating, and eventually arresting suspect.

3. Concluding investigation, also called final investigation, which is focused in evaluating and
presenting evidence to prove the criminal guilt of the accused.

TOOLS OR THREE (3) I’s OF INVESTIGATION

Information as an Investigative Report

To achieve the goals of criminal investigation, the investigator must know how to use
available resources or tools. There are indispensable tools that can be used by the criminal
investigators to successfully solve criminal cases. These are identified as information, interview,
interrogation and instrumentation. The uses of these tools vary based on necessity and actual
situation.

INFORMATION: THE KEY TOOL

Information is the key tool in criminal investigation. In the fact, it is the most powerful
weapon of investigators, more powerful than gun or money. Information is the general term
referring to the knowledge acquired by criminal investigators from various sources, which could
be in the form of persons, places (crime scene), or things (record/files or physical evidence).

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 As an investigative aid, it is the means by which queries can be answered. The
significance of information can be explained by what Rudyard Kipling had said:

“I keep six honest men

They taught me all I know;
Their names are what and why and when
And how and where and who”.

SIGNIFICANCE OF INFORMATION IN CRIMINAL INVESTIGATION

1. Information provides answers to the 5 W’s and 1 H. Information is essential in

investigation because it satisfies the cardinal questions.

2. Information is vital in planning and operations of investigators. Information is the first

key to successful investigation. Without appropriate or adequate information, investigators will
encounter difficulties in deciding where they should start or continue their inquiry. Thus, the
ability to secure and systematically collect information is a major asset of a good and competent
investigator.

PRACTICAL TECHNIQUES OF GATHERING INFORMATION

Skillful gathering and systematic development of information can be done in the

following manner:

1. By observing tact or diplomacy in performing investigative tasks and duties.

2. By being friendly and diplomatic with other law enforcers.

3. By not totally relying on memory.

4. By keeping records or maintain a file of potential criminals, suspected criminals, actual

offenders and informers/informants.

5. By being meticulous.

6. By becoming acquainted with many kinds of people from all walks of life.

SOURCES OF INFORMATION

1. Regular Sources – records, files from government or non-government agencies and news
items, intercepted radio or telephone messages and stored computer data.

2. Cultivated Sources – information furnished by informants and informers.

3. Grapevine Sources – information coming from the underworld characters such as prisoners
or ex-convicts.

INFORMANT vs. INFORMER

An informant voluntarily or willingly provides information to the criminal investigators

and even offers to be a witness. There are times, however, when the informant give information
secretly or surreptitiously and request anonymity.

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 The difference between informant and informer is that the latter generally paid by the
investigator and should be registered with the investigator’s agency. In addition, the confidential
informant’s identity is withheld from the public.

Informers are actually informants by profession, usually recruited or paid assets of

investigating agencies. Informers use information as a mean of livelihood since it is their job to
collect criminal facts (and sometimes rumors) then sell them to law enforcement. If they provide
information, they always expect something in return.

Types of Informants

1. Anonymous Informant – These include those anonymous letter sender, phone callers, or text
senders who give information about suspects or fugitives of justice.

2. Rival-Elimination Informant –The identity of these informants is usually anonymous since

their purpose in providing information is to remove their competitors.

3. False Informant – These people reveal information usually of no consequence or stories

concocted from nowhere.

4. Frightened Informant – These informants are compelled by fear. These informants are
motivated by anxiety and self-preservation of his well being and will furnish information to
protect him or sustain self importance.

5. Self-aggrandizing Informant – moves around the centers of criminals, group or syndicate

and delights in surprising the police about bits of information.

6. Mercenary Informant – the informant has information for sale. He may have been victimized
in a double-cross of little share in the loot or given a dirty deal and seeks revenges as well as
profit in his disclosure.

7. Double Crosser Informant – he uses his seeming desire to divulge information as an excuse
to talk to the police in order to get more information from them than he gives.

8. Women Informant – a female associate of the criminals, who was roughed up, marginalized
in the deal or beings eased out from the group, care must be given to this kind of informant
because women, given the skills and expertise are more dangerous than men.

9. Legitimate Informant – desire to give information that springs from legitimate reasons. They
may be a legitimate business operator who abhor the presence of criminals in their trade and
parents who are afraid that their siblings will be influenced by their friends who are suspected to
be criminals.

MOTIVES OF INFORMANTS

1. Vanity – the motive is for self-aggrandizement by gaining favorable attention and importance
by the police.

2. Civic Mindedness – imbued with the sense of duty and obligation to assist the police in their
task.

3. Fear – is an engendered illusion of oppression from enemies or from impending dangers.

4. Repentance – those lesser criminals such as accomplices or accessories who will have a
change in heart to unburden their conscience.

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INTERVIEW

As applied in criminal investigation, interview refers to the simple and friendly

questioning of a person who has knowledge relevant to the crime or case under investigation.
The person being questioned during interview is usually ready, willing and able to talk freely. He
willingly provides information how a criminal incident took place thus offering testimony in his
own manner and wordings.

The Golden Rule in Interviewing

Never conduct (or let anyone conduct) an interview if the interviewer has not gone to the
crime scene.

Questions during the interview should agree with the facts and conditions at the crime
scene. If the interviewer did not personally see the crime scene, his questions will be
inconsistent. Since the questioning process is not systematic, the interviewer might not be able to
distinguish half-truth, exaggeration or falsehood from the answer of the person being
interviewed.

Types of Interview used in Criminal Cases

1. Background Interview

This is the kind of interview that is focused only on obtaining data regarding the personal
background of the subject. This is the simplest type of interview used in criminal cases.

2. Subjective Interview

This is the type of interview whereby questions are phrased in a manner such that the
subject’s answers are based on his personal opinion or views.

3. Objective Interview

In this type of interview, questions are designed to acquire the basic and specific data or
facts regarding a criminal case. This is the type that complies with the six (6) cardinal points of
criminal investigation – 5 W’s and 1 H.

4. Cognitive Interview

The type of interview appropriate for willing and cooperative witness. Witnesses of this
kind should be given the opportunity to narrate their accounts without intervention, interruption
and interference from the interviewer.

Three Stages of Interview

1. Preliminary Interview

This is the initial questioning of a subject. It is usually conducted at the crime scene
though it may be carried out also at the subject’s home or workplace.

2. Follow-up Interview

This is the 2nd or succeeding questioning to:

a. Obtain further information that was missed during the first questioning.
b. Clarify data that has been already gathered.

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3. Final Interview

This is the last questioning that may lead to the act of offering a witness to testify in court
during trial.

THE PRINCIPLE BEHIND INTERVIEW AND INTERROGATION

The ultimate objectives of interviewing and interrogating are to know the truth about the
crime under investigation, particularly the identity of those responsible for the crime. This truth
must be established in order to eliminate the innocent from suspicion. Thus, investigators must
question every person involved in a criminal case to obtain all the information necessary in
ascertaining the truth.

Every investigator planning to conduct an interview or interrogation must not forget the
working principle. The basic secret of successful questioning is this principle:

“The RIGHT officer asking the RIGHT questions in the RIGHT manner at the RIGHT
time and in the RIGHT place will get the RIGHT answers”.

INTERROGATION

Interrogation is the aggressive and confrontational questioning of a person about his

participation in a crime. The subject of interrogation may be a suspected offender or a person
who is reluctant or unwilling to make a full disclosure of information in his possession which is
pertinent to the investigation of criminal case.

Interrogation is an art employed in questioning suspects for the purpose of getting

specific information which could be in the form of admission or confession about the
commission of a felony or offense.

Interrogation is a formal questioning whereby aggressive and accusatory questions can be

asked to the subject. It refers to the questioning of suspects, culprits, offenders, or perpetrators of
crime. In practice, it can be used in questioning hostile witnesses.

Purposes of Interrogation

Specifically, the purposes of interrogating suspects in criminal cases are as follows:

1. To extract confession , if not admission, from a criminal suspect;

2. To elicit valuable information from uncooperative or unwilling witness;
3. To learn the surrounding circumstances of a criminal incident;
4. To determine the existence and location of physical evidence such as weapons, drugs and
documents;
5. To learn the identity of principles, accomplices and accessories;
6. To discover or locate the fruits of the crime and instruments of the crime;
7. To develop additional leads for the solution of criminal cases;
8. To discover details of other crimes in which the suspect has participated.

Setting of Interrogation

Custodial interrogation, also known as in-custody interrogation, is the skillful questioning

of a suspect or a hostile witness to divulge information on the crime being investigated. This is
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the term used to describe the questioning carried-out by the investigator if the suspect is already
under police custody.

It is strongly recommended that custodial interrogation should be conducted in a private

interview-interrogation room without ornaments and distractions. The furniture should consist of
a table and only enough chairs for the suspect, and interrogators. For psychological reasons, the
interrogators’ chair should be slightly higher than the suspect’s. There should be no windows in
the room and suspect should sit with his back at the door. A one way mirror, disguised as
ordinary mirror, is also an integral part of the interrogation room.

Stages of the Interrogation Session

1. Initial Stage (Introductory part)

Introduction of material necessary to establish the integrity of the interrogation:

a. Clearly state the reason for the suspect’s presence and establish the crime about which
he/she is to be questioned, the name of the victim, and the time and place of crime
b. Level with the suspect by indicating or explaining that the interrogation is not an
attempt to deceive but an inquiry being conducted because evidence has indicated his knowledge
of, or participation in, the crime under investigation.

2. Focusing Stage (Main Body)

a. Questions are concerned with the activity and whereabouts of the suspect about the
time of the crime.
b. Questions are concerned whether the suspect had ever been at the scene or in contact
with the victim and under circumstances.

3. Concluding Stage (Closing Part)

a. In case of confession, take a formal statement of the suspect.

b. Ask the classic concluding questions such as “Is there anything else you wish to talk
about or any correction you wish to make in your story at this time”.

c. In case of full disclosure, suspects maybe asked for permission to:

- search certain premises
- ride about with the investigator to identity other location or criminal activities of
persons involved
- participate in an identification line-up
- visit the crime scene for a re-enactment

INSTRUMENTATION

Instrumentation maybe defined as the application of instruments and methods of physical

sciences to detect and investigate crimes. It is the sum total of the application of all arts and
sciences in crime detection and investigation.

Instrumentation is sometimes referred to as criminalistics. However, instrumentation is

more than criminalistics since the former includes all the scientific and technical methods,
including arts, by which perpetrators of crimes maybe traced, identified, located and thereby
apprehended.

Criminalistics, sometimes called forensic science, refers to the profession and scientific
discipline directed to the recognition, identification, individualization and evaluation of physical
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evidence by applying the natural sciences in matters of law and courts. It is considered an allied
field of criminology that deals with the study of criminal things, particularly physical evidence.

METHODS OF IDENTIFYING OFFENDERS

1. Confession – is an expressed acknowledgment by the accused, in a criminal case, of the truth

of his guilt as to the crime charged. There is no implied confession, for it is a positive and direct
acknowledgment of guilt. Confession is the best means of identifying a criminal or an offender.

2. Eye-witness Testimony – is the statement of the person whom the investigator believes to
have direct knowledge of what possibly transpired – before, during and after the commission of
an offense. This may include an intelligently conducted “line up”, to eliminate the process of
suggestion, as one of the factor during identification.

3. Circumstantial Evidence – is an identification which is establishe4d indirectly, by proving

other facts or circumstances from which, either alone or in connection with other facts, the
identity of the perpetrator can be inferred or reasonably concluded. Circumstantial evidence must
be in a series, consistent and coherent manner.

4. Associative Evidence – these are the physical evidences which may identify the criminal by
means of clues, hints and personal properties. The offender may leave some clues at the scene of
the crime, such as weapon, tools, garment, fingerprint, foot impression and others. Crime of
violence may leave evidence of struggle.

5. Modus Operandi File – this refers to record system of the “methods of operation” (m.o.)
files of the criminals. The development of police M.O. files is based on the theory that a
criminal, like other human beings, develop habits. The criminal who is successful with a
particular method in committing a crime will likely continue to use the method in committing
future crimes. As a result of the success factor the particular method can become a lasting part of
the offender’s criminal behavior. It is through these M.O. files that the crime patterns of an
individual suspect or a group of suspects can be evaluated and followed or at times predicted as
to a forthcoming occurrence.

6. Computer Evidence – this refers to evidences which were collected in relation to a computer
crime. Standard operating procedures shall be followed in handling these kinds of evidences.

STANDARD PROCEDURE OF RECORDING INVESTIGATIVE DATA

1. Sworn Statement – is the testimony of the person reduced into writing under oath or
affirmation, before a person authorized by law to administer oaths, in answer to questions and
cross interrogation, submitted by the party desiring the sworn statement and the opposite party.

2. Photographs – there must be a series of photographs of the crime scene to supply the
maximum information and to enable the viewer to understand how the crime was committed. To
insure admissibility of photographs in court, the following minimal requirements must be
observed by the investigator:
a. The object represented should not be immaterial or irrelevant.
b. The photograph should not be unduly incite prejudice or sympathy.
c. The photograph should be free from any distortion or deformity.

3. Sketches – the sketch is the simplest and the most effective way of showing actual
measurements and of identifying significant items of evidence in their location at the crime
scene. A sketch is supplementary evidence to photographs.
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Elements of Sketch:

a. Measurement – this must be accurate.

b. Compass direction – a standard arrow that designates the “north” orientation must be
indicated, to facilitate correct orientation.
c. Essential items – the sketch must include important items of investigation.
d. Scale or Proportion – the scale of the drawing to be shown depends on the area, amount of
detail and the size of the drawing paper available.
e. Legend – this refers to the explanation of the symbols used to identify the objects found inside
the crime scene. Excessive lettering on the sketch must be avoided, in order not to obscure the
essential items.
f. Title – this includes case identification, victim’s identification, scene portrayed, location, date
and hour made and the name of the sketcher.

PROCESSING THE CRIME SCENE

Not all crimes produces “crime scene”, where from traces of its commission are usually
found. Crime like forgery and embezzlement, do not usually produce a distinct crime scene,
wherein the investigator can focus his attention.

When a crime scene has developed on account of the commission of a crime, the
investigator must conduct a thorough search of it, to find traces of its commission, like clothing
that was left at the crime scene, fingerprints, blood stains, over-thrown or disturbed furniture and
articles. Traces at the crime scene may be viewed in active or passive sense, like – the effect of
the criminal on the scene and the manner in which the scene may have imparted traces to the
criminal.

When the case is relatively important, to insure thoroughness of the investigation, several
investigators may be assigned to handle the case. They have to work as a team, based on the
assignment of duties and recommended arrangement.

The basic guides of the investigator that will be looked upon during the conduct of the
search are evidences to establish one or more of the following:
1. The corpus delicti or the facts that a crime was committed.
2. The method of operation of the perpetrator.
3. The identity of the guilty party.

Under the mechanic of search, if the area to be searched is limited, indoor with few

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