FUNDAMENTALS OF INVESTIGATIONAND
INTELEGENCE
Criminal Investigation- is usually conducted to
identify, collect, and gather pieces of evidence
at the crime scene for specific purpose.
The word Investigation came the word french
"investigacion" means " a searching into" and
from the latin word "investigationem" which
means " a searching for ". Investigation
therefore refers to searching into either
individual or properties.
What should the investigator need to establish
if the crime has been committed?
Answer: The investigator shall establish the
three fold aim of the investigation.
The following are the threefold aim of the
investigation:
1. To identify the guilty party
2. To locate the guilty party
3. To provide evidence of his/her guilt through
criminal proceedings.
Who will conduct Criminal Investigation?
Answer: Law enforcement officer who is:
a. Trained
b. Disciplined and
c. Experience to conduct Criminal investigation
Who will conduct Criminal Investigation?
Answer: Law enforcement officer who is:
a. Trained
b. Disciplined and
c. Experience to conduct Criminal investigation
When to investigate?
The investigator conducts investigation when
one of the following occur;
A. Complaint filed
B. Crime committed or is in progress
C. Drug related offences
D. Traffic accident
E. Suspect is under arrest and detention
F. Suspect is at large and or fugitive from justice
PHASES OF CRIMINAL INVESTIGATION
1. The identification of criminal
2. The criminal is trace, located, and arrested.
3. The pieces of evidence to prove the guilt of
the accused are gathered.
4. Pieces of evidence are presented in court
GOALS OF CRIMINAL INVESTIGATION
1. To determine whether a crime has been
committed.
2. To legally obtain information or evidence.
3. To identify persons involve
(suspects/victims/witnesses)
4. To arrest the suspects.
5. To recover stolen properties.
6. To present the best possible case to the
prosecutor.
CHARACTERISTICS OF AN INVESTIGATOR
1. Knowledgeable
2. Perseverance
3. Endurance
4. Honesty and Integrity
5. The intelligence and wisdom of solomon
6. Acting ability
7. Good in oral and written communication
8. The keen power of observation and
description
9. Courage
10. The power to read between the lines
11. Knowledge of martial arts and firearm
proficiency
OTHER QUALITIES OF INVESTIGATOR
1. Superior reasoning ability- the ability to
analyze logically a multitude facts and
determining how they interrelate.
2. Imagination and Curiosity.
Imagination- is forming mental images of what
is not present or creating new ideas by
2.
combining previous experiences.
Curiosity-is a desire to learn.
HISTORICAL BACKGROUND OF CRIMINAL
INVESTIGATION
1. The code Hammurabi – Ruled from 1792 to
1750 BC and is considered to be the oldest
known code of law from the old Babylonian
period. The code is also one of the earliest
example of the idea of presumption of
innocence and it also suggest that both the
accused and accuser have the opportunity to
provide evidence.
2. Time of Alfred the great- In the later part of
19th
century, England’s king, Alfred the great
established a system of “mutual pledge” (social
control), which organized for security of the
country into several levels;
1. Ten Tithing – One hundred person are
group into one under the charge of high
Constable.
2. Tithing- Ten person are grouped
together to protect one another and to assume
responsibility for the acts of the group's
members. The one who heads this group is
called Tithing Man.
SHIRES - The divisions of a specific
geographic area. It is being controlled by the
king and governed by a Shire-reeve, or
Sheriff.
TIME OF EMPEROR AUGUSTUS
At about the time of Christ, Rome: The Roman
Emperor Augustus picked out special, highly
qualified members of the military to form the
following:
1. PRAETORIAN GUARD - This was considered
the first police officers, their job is to protect
the palace and the emperor.
2. PRAEFECTUS URBI- Their function is to
protect the city. They have both executive and
judicial power.
3. VIGILES OF ROME - The vigiles began as fire
fighters, they were eventually also given law
enforcement responsibilities and they patrolled
Rome's streets day and night. The vigiles could
be considered the civil police force designed to
protect citizens.
It is from them that the word "VIGILANTE” came
from.
ARREST, SEARCH AND SEIZURE
The term "arrest" came from the latin word
"arrestare" which means "cause to stop" and
"restare" which means "stay behind".
The word search was derived from anglo-
Norman word "Searcher" an old French Cerchier
which means "to explore", Latin "circare" which
means "go around in circles.
What is arrest?
Arrest defined- is the actual taking of a
person(s) into custody by an authority in order
that he/they may be bound to answer for the
commission of an offense.
General rule; no one can arrest a person unless
with a valid warrant of arrest.
What is warrant of arrest?
— is an order in writing issued in the name of
the people of the Philippines; signed by judge
and directed to a peace officer, commanding
him to arrest a person designated and take him
into custody of the law.
RICHARD DOE/JOHN (JANE) DOE WARRANT
- is a warrant containing no specific person to be
arrested but only description based from the
testimonies of the victim(s) or witnesses.
ALIAS WARRANT
- refers to the warrant of arrest issued by a
judge to the peace officer after returning the
original warrant of arrest after the lapse of the
10-day validity period.
WARRANT OFFICER
- is an authorized member from the law
enforcement agency usually from the Philippine
National Police (PNP) or National bureau of
3.
Investigation (NBI) whoholds a warrant for
execution within 10 days from receipt subject
to renewal in case of failure to execute the
same.
When a warrant of arrest not necessary;
1. When the accused is already in detention
2. When the accused was arrested by virtue of a
lawful arrest without warrant
3. When the penalty is of a fine only.
4. Those covered by a summary procedure.
Procedure when arrest is made;
a. Secure the person arrested
b. Conduct thorough search for weapons and
other illegal materials.
c. Inform the arrested person of his rights
d. Confiscated evidence shall be properly
documented.
COMPLAINT VS INFORMATION
Complaint - is sworn written statement charging
a person or group of persons of an offense that
is subscribe by the offended party or any other
peace officer charge with the enforcement of
the law.
INFORMATION- is an accusation in writing
charging a person or group of persons of the
offense that is subscribe by the prosecutor or
fiscal.
THE INQUEST
- is an informal and summary investigation
conducted by a public prosecutor in criminal
case involving persons arrested and detained
without the benefit of warrant of arrest for the
purpose of determining whether or not said
persons should remain under custody and
correspondingly be charge in court.
SEARCH AND SEIZURE
Search Defined
-is an examination of an individual's person,
house, paper or effect, or other buildings and
premises to discover contraband pr some
evidence of guilt to be used in the prosecution
of criminal action.
What is search warrant?
—is an order in writing issued in the name of
the people of the Philippines , signed by judge
and directed to a peace officer commanding
him to search for personal property and bring it
before the court.
The properties that are subject to Seizure:
1. Subject of the offense
2. Solen properties
3. Fruits of the offense
4. Property used or intended to be used as
means for the commission of an offense.
INTANCES OF WARRANTLESS SEARCH
1. Warrantless search incidental to a lawful
arrest.
2. When prohibited articles are in Plain View.
3. Search of moving vehicles.
4. Stop and frisk
5. Customs search
6. Consented warrantless Search
Types of Searches:
1. Wall search- the purpose is to place the
subject " off balance" position requiring the use
of notch arms and legs to keep him from falling
to the ground.
Standing Search
- Raise subjects hand over his head and spread
his feet far apart as possible.
Kneeling Search
- Subject kneel on the ground with the hands
raised over his head.
Prone Search
- Subject lies on his stomach with arms and legs
outstretched.
What is fruit of Poisonous Tree Doctrine?
- A rule requires that evidence that is illegally
obtained should be exclude from admission in a
criminal proceeding.