CHAPTER VI
GENERAL PRINCIPLES IN
INVESTIGATION
Investigation (defined) is the collection of facts to accomplish a three-fold aim:
a. to identify the suspect;
b. to locate the suspect; and
c. to provide evidence of his guilt.
In the performance of his duties, the investigator must seek to establish the six (6)
cardinal points of investigation, namely:
1.What specific offense has been committed;
2.How the offense was committed;
3.Who committed it;
4. Where the offense was committed;
5. When it was committed; and
6. Why it was committed.
Protocols in Investigation
Jurisdictional Investigation by the Territorial Unit Concerned the Police
Station, which has territorial jurisdiction of the area where the crime incident
was committed, shall immediately undertake the necessary investigation and
processing of the crime scene, unless otherwise directed by higher
authorities for a certain case to be investigated by other units/agency.
(Protocol 1)
Official Police Blotter
a. A police blotter is an 18’’x12’’ logbook with hard-bound cover that
contains the daily register of all crime incident report, official
summary of arrests, and other significant events reported in a police
station. (par. a Protocol 2)
b. As a general rule, all crime indicates must be recorded in the official
police blotter. (par. b Protocol 2)
c. A separated Police Blotter, however, shall be maintained for offenses
requiring confidentiality like violence against women and children
and those cases involving a child in conflict with the law to protect
their privacy pursuant to R.A 9262(Anti-Violence against women and
children Act of 2004) and R.A. 9344 (Juvenile Justice and Welfare Act
of 2006). (par. c Protocol 2)
d. The duty police officer shall record the nature of the incident in the
police blotter containing the five “W’’s (who, what, where, when, and
why) and one “h” (how) of the information and inform his superior
officer or the duty officer regarding the occurrence of such incident.
(par d Protocol 2)
e. In answering the above 5 Ws and 1 H and the Case Disposition, all
such material details about the incident, including the nature of the
action or offense; the Date, Time, and Place of Occurrence; the name
of the suspect/s, the victim/s, the witness/es, if any; facts of the
case; significant circumstances that aggravate or mitigate the event
or the crime should be entered along with the identity of the officer
to whom the case is assigned (Officer-on-case); and, the status of the
case. (par. e Protocol 2)
Investigation Team: Organization and Equipment
a. All investigators in any police unit must be a graduate of
prescribed investigation course with a rank of at least PO2 (pre-
requisite to assignment). (par. a Protocol 3)
b. Composition:
1.Team Leader
2. Investigator/recorder
3.Photographer
4. Evidence custodian; a
5. Composite Illustrator/ Artist
c. Equipment of the investigator:
1. Police line
2. Video camera
3. Voice recorder
4. camera
5. measuring device
6. gloves
7. flashlight
8. fingerprint kit
9. evidence bag
10. evidence tag
11. evidence bottles/ vial; and
12. Investigator’s ticker (contains the following)
a. Investigator’s checklist
b. Anatomical diagram form
c. Evidence checklist
d. Turn-over receipt
Definition of Terms
Criminal Investigation (defined)- It is the collection of facts in order to
accomplish the three-fold aims-to identify the guilty party; to locate the
guilty party; and to provide evidence of his (suspect) guilt.
Criminal Investigator (defined)-A public safety officer who is tasked to
conduct the investigation of all criminal cases as provided for and embodied
under the Revised Penal Code/ Criminal Laws and Special Laws which are
criminal in nature. A well-trained, disciplined and experience professional in
the field of criminal investigation duties and responsibilities.
Diligence of a Good father of Family- Used in reference to person of
ordinary or average diligence. To determine that diligence, we must use as a
basis the abstract average standard corresponding to a normal orderly
person. Anyone who uses diligence below this standard is guilty of
negligence.
Organized Criminal Group- A structure group of three or more person,
existing for a period of time and acting in concert with the aim of committing
one or more serious crimes of offenses as defined in the United Nation
Convention against Transnational Organized Crime, in order to obtain,
directly or indirectly, financial or other material benefit.
Organized Crime- A combination of two or more persons who are engaged
in a criminal or virtual criminal activity on a continuing basis for the purpose
of profit or power using gangland style to attain their purpose.
Parole Evidence-Requisites. For the admissibility of parole evidence of the
ground of mistake or imperfection of the writing, the following requisites
must concur;
1.The mistake should be of fact;
2. The mistake should be mutual or common to both parties to the
instrument; and
3. The mistake should be alleged and proved by clear and convincing
evidence.
Upon the Arrival at the Crime Scene
A crime scene investigation begins well before the CSI enters a structure.
An open field or wooded area. Usually, the radio dispatch message is brief
and seldom reveals the full nature of the incident. Most often this is done to
avoid drawing on-lookers and the media who may be monitoring the dispatch
frequency. As the CSI turns onto the street in question, his first obligation is
to “turn on’’ his powers of observation. He may make a mental note of what
he sees, hears and smells-or better still-records them on a digital voice
recorder. His first reaction to the scene must be, “Does anything look out of
place? What odors may be noticeable and are there unusual sounds.
Secure and Protect the Scene
Hopefully the first responding haven’t caused too much disruption to any
potential physical evidence. Before even stepping inside the structure,
ingress and egress to it must be controlled. Sentries at all possible entrances
should be put in place. The crime scene investigator (SCI), after learning the
basic facts-in this case it appears that a white male appears to have a single
bullet wound the head and rigor has set in this from the first responding, so
the CSI will establish the boundaries of the crime scene. The outcomes the
crime scene tape.
Initiate Preliminary Survey
The crime scene investigator before entering the structure an exterior
survey is needed. This may be nothing more that walking around the exterior
of the structure to see if any obvious evidence is apparent. This would
include open windows, damaged doors, ladders and the like. The question
the CSI is asking is how was entry made to the structure. Once indoors, the
CSI will make a visual survey of the actual room in which the incident
reported took place. This is a good time to also take overall photos of the
scene. He will then survey adjoining rooms to determine if these spaces may
have information relative to the incident. Most law enforcement agencies
conduct such investigations of an unattended death no physician present as
a possible homicide-until it is determined otherwise. Unlike some TV dramas,
the CSI is on site for the purpose of finding, evaluating and collecting
physical evidence. In most agencies, statements from witnesses and
survivors are handled by the investigators/detectives. During this entire
survey period, the CSI is talking notes and/or recordings of his sensory
observations.
Evaluate Physical Evidence Possibilities
The very nature of what appears to be obvious should trigger the thought-
processes of the crime scene Investigator. What happened here, when did it
happen and what sort of evidence should be present? Questions that should
be answered initially are:
1. Did the shooting occur in this room?
2. Has the body been moved (by first responders or perpetrator(s)?
3. Has any object been moved (especially by first responders or family
members?
4. Were additional shots besides the one in the victim’s head. This means
examining walls, ceiling, room object, etc.?
5. Are shell casings apparent. If so-mark them with placards, evidence
tents, etc. so they will be obvious in photos.?
6. Are trace of blood apparent in other areas of the room-indicating
movement of the victim?
7. Is blood spatter apparent?
8. Are there signs of a struggle?
9. Are there visible footprints in the blood?
10. Each crime scene may well generate other questions to be
answered by the CSI. The above list is simply the most obvious
question.
Prepare a Narrative of the Scene
The crime Scene Investigation’s notes can serve as a very critical part of
the overall physical evidence available from the scene. The investigator must
keep in mind that months or even years later this case may go to trial. Your
notes must present the full story of what you saw and any impressions the
evidence gave you. Avoid speculation as to what occurred unless you have
physical evidence to back it up.
Capture the Scene Photographically
Be certain to have overall, medium range and close-up shots of any
potential physical evidence. Be certain to include scales in the close-up
shots.
Prepare the Crime Scene Sketch
Many Crime Scene Investigator’s will prepare the rough sketch at the
scene and will complete a detailed sketch back at headquarters. The rough
sketch should contain no more or no less than the final, detailed sketch. It is
always recommended that an assistant help out when taking measurements,
and it’s a good idea is to have this individual verify each measurement to
avoid questions later.
A sketch is usually made of the scene as if one is looking straight down
or straight ahead. Measurements should be taken at crime scene of
distances between two objects, room measurements and key pieces of
evidence. Two measurements should be taken at right angles to each other
from two location points. Each measurement should be double measured to
make sure they are correct and accurate. A professional using all the
measurements and notes taken by the investigators can make a final sketch.
However, the original sketches should not be thrown out but saved along
with other key evidence in case a disagreement occurs or something was
missed. Once the crime scene has been recorded with videotaping, still
photography and sketches, gathering of evidence can occur. Gathering and
locating physical evidence is a very slow a tiresome job when done correctly,
however, it can surrender many clues. One of the first things an investigator
must determine is the size and area that must be searched. The main focus
search mush include all likely points of entry and exits used by the criminals.
When searching, certain patterns may be used to cover and examine the
area. There are about three different ways in which an area can be
examined. One way is a spiral search method, which is by starting in the
center of the scene and work in a spiral outward do this method until all of
the scene has been covered and checked. Another method and usually the
preferred method is the grid method. This is done by marking the crime
scene into a grid and walking in a straight line from one side of the gride
towards the other where as you make 180 degrees turn and come back a
few steps over from where you just searched.
Conduct a Detailed Search
Go over every square inch of the scene in an attempt to locate even the
smallest particle of evidence. “This brings to mind a recent case wherein a
woman was brutally beaten to death in her bedroom. Several days after the
crime scene was release to the family, the victim’s sister found a tooth from
the victim on the bedroom carpet’’. Many crime scenes warrant the use of an
evidence vacuum in the scene to collect any potential microparticle evidence
such as hair and fibers. This step should be performed prior to any close in
inspection of the victim.
Record and Collect Physical Evidence
a. As potential evidence is located it should be recorded on the crime
scene sketch as well as in photographs. If your agency offers the luxury
of having a videographer on hand, video often tells a compelling story
to a jury.
b. Crime scene evidence is useless unless it is properly marked and
packaged and a Chain of Evidence is begun from the time it is picked
up. Use the proper type of containers for all evidence collected. Never
package objects wet with blood or other physiological fluids in plastic
bags, as this will accelerate decomposition. Label and identify all
evidence collected, including the notes taken by the investigator.
c. Of course, the digital age we live in takes note of electronic devices like
computers and cellphones. This type of evidence requires special
handling and only experts trained in working with digital items should
be permitted to handle and collect these items.
Conduct a Final Survey
Be certain that every package containing physical evidence is collected
leaving nothing behind. Make a final walk-through to be certain that all
potential evidence is bagged and tagged.
Release the Crime Scene
While it is normal for others having an interest in the property to want to
regain access, the CSI should not be rushed, coaxed or bullied into releasing
the scene until the job is done.