Handbook of Criminal Investigation and Detection: Has Been Committed Under The Law?

HANDBOOK OF CRIMINAL
INVESTIGATION AND DETECTION
PART I
CHAPTER I
CONCEPTS AND GENERAL PRINCIPLES
A—CRIMINAL INVESTIGATION
1. Criminal Investigation Defined
Criminal Investigation is an art which deals with the identity and location of the
offender and provides evidence of his guilt through criminal proceedings. Inasmuch as it is not
science, it is governed by rigid rules or laws but most often, it is governed by intuition, felicity of
inspiration and to a minor extent by chance.
2. What is the exception to the general rule that a criminal investigation is not a science
but an art?
The exception to the general rule, perhaps is the 1987 Constitution which states
among other things, that an arrested person under custodial investigation is afforded with the
three Constitutional rights. Such as:
1. The right to remain silent
2. The right to counsel
3. The right to be informed of the nature and cause of the accusation
3. What is the legal consequence if the arrested person under custodial investigation
deprived of the foretasted constitutional rights?
Any testimony of statement taken from the arrested person who is deprived of the three
constitutional rights would be inadmissible as evidence in the Court of Justice.
On the other hand, the investigator may be held criminally liable for the violation of the law.
4. Criminal Investigator Defined
A criminal investigator is a person who is charged with the duty of carrying on the
objectives of criminal investigation, e.g., to identify and locate the guilty and provide evidence of
his guilt.
5. What is the primary job of an investigator in order to determine whether or not an offense
has been committed under the law?
Primarily, the job of an investigator is to discover whether or not an offense has been
committed under the law, after determining what specific offense has been committed. He must,
discover How it was committed, By whom was it committed, When was it committed, and under
certain circumstances, Why was it committed.
6. What are the five (5) qualities of a good investigator?
The five (5) qualities of a good investigator are:
a. The ability to preserve or stick to task inspite of the monotony and the many obstacles
which surrounds it.
b. He must have certain abilities and an intelligence which would enable him to acquire
information truthfully. He should have the capacity to think through situations. The
investigator must be as intelligent as the offender.
c. He must be honest. He must be incorruptible and must posses personal intergrity. The
Investigator will be subjected to all kinds of temptations: physical, emotional and
material.
Temptation to gain will be continuously present and he must be able to recognize and resist it
d. He must have an understanding of the people and the environment in which he lives. He
must know the weakness and the strength of thepeople, so that he can use them to his
advantage particularly during interrogation. A knowledge of psychology of human
behaviors is essential to the investigator. The investigator should be aware of the factors
of the social pattern that contributes to the kinds of behaviors exhibited by the individual.
e. He must have a keen power of observation and accurate description. Observation implies
a clear mental picture of what is seen. It requires a seeing of detail, a study of detail, and
a recognition that the whole picture is composed of many details. A good investigator
must observe them accurately and completely. He must train himself to observe and
perceive persons, place, things, and incidents as they really are. He must be trained to
estimate the passage of time, speed and distance; to recognize colors; to distinguish
between varying degrees of light; to estimate age, height and weight. He must be trained
to see and to recording facts, observation without complimentary ability of description is
valueless in investigation work. The investigator must learn to describe what is observed.
The accurate and all inclusive observation by the individual is meaningless to all even to
himself unless he can tell clearly and precisely what was seen.
7. Name the (7) factors responsible for the inaccuracy of recollecting what has been observed.
a. Addition of details which were not in the original picture
b. Some items may be dropped from one observation and other items from a different
observation may be integrated by means of substitution.
c. Recollection is subject to transportation in time, sequence and arrangement of details.
d. Focused attention. Some persons, by training will note only certain details overlook
others. They see only one thing and are oblivious to the rest.
e. Transmission of information leads to inaccuracy. Words are used to convey description.
We all have difficulty in translating observation into such language as will actually
convey our picture. Mistake due to communication are laid on the speaker and the
listener.
f. Incompleteness or simplification. Too much simplification may lead to omission of
details which may in the future be essential in the investigation.
g. Too much self confidence in their recall. An investigator may rely too much on his
memory of what has been observed and described through memory of what has been
observed and described through memory, but the recollection may not be vivid and
actual.
A INITIAL STEPS IN CRIMINAL INVESTIGATION
8.What are the 9 Golden Rule to be observed by the Investigator upon his arrival at the scene of
the crime?
a. Identify and if possible, retain for questioning the person who first notified the police.
b. Determine the perpetrator by direct inquiry or observe him, if his identity is immediately
apparent.
c. Detain all persons present at the scene.
d. Summon assistance, if necessary.
e. Safeguard the area by issuing appropriate orders and by physically isolating it.
f. Subsequently, permit only authorized persons to enter the area.
g. Separate the witnesses in order to obtain independent statements.
h. Do not touch or move any object.
i. Definitely assign the duties of the search if assistants are present.
9 One of the Golden Rule is “Do not Touch or Move any Object.” What should then be the
primary job of an Investigator before applying this rule?
The Investigator upon his arrival at the scene of the crime should consider the following
two important steps before he touches or moves any object.
a) If the victim is still alive, the investigator should try to gather or acquire information
from the victim himself with regard to the surrounding circumstances of the crime, while calling
for the assistance for an ambulance from the nearest hospital.
Then measure, sketch and photograph the crime scene immediately after the victim is removed
and brought to the hospital for medical attendance.
b) If the victim is dead, the body should be removed only after the crime scene is
measured, sketched and photographed.
Assignment of Duties
Only one investigator may be assigned to handle a case when it is a minor one if the work
load of the offense is great. When a case is relatively important and to insure thoroughness of the
investigation, several investigators may be assigned to handle the case.
If there are many investigators assigned to form a team, the following arrangement is
recommended to insure maximum effectiveness.
a. Officer-in-charge – one who directs the search, assigns duties, and assumes responsibility
for the effectiveness of the search.
b. Assistant – He must implement the orders of the Officer-in-Charge.
c. Photographer – he photographs the scene and individual pieces of evidence.
d. Sketcher – He makes a rough sketch of the scene given and later a finished sketch.
e. MasterNote-taker – one who writes down in abort hand the observations and descriptions
during the search.
f. Evidence Man – He collect, preserves and tags articles of evidence.
g. Measurer – He makes overall measurements of the scene.
The Search
Before the actual search is done, the investigator must stand aside and make an estimate of
the situation. A certain area where there are no possible traces of the crime may be made as the
“head-quarters.” Having formed the estimate, the investigator can now determine the number,
kind and views of the photographs he wishes to be taken.
A plan for the search should be formed which will cover all the grounds. Every step of an
investigation must be undertaken with the thought of ultimate presentation in court. Notes and
measurements must supplement the sketches and photographs.
The basic guide for the investigator to look upon are the evidence to establish one or more of the
following:
1. The corpus delicti or the fact that a crime was committed.
2. The methods of operation of the perpetrator
3. The identity of the guilty party.
10.Explain briefly the four (4) mechanics of search: illustrate each.

If the area to be searched is limited indoors with few contents or any other situation which
will preclude a systematic search search, no standard procedure of search is recommended. Any
method of choice will do, provided that alertness, knowledge and experience of the participating
investigators are present.
If the area to be searched is quite extensive, a more systematic scheme of approach is
recommended. The following are the different methods of search:
1. Strip Method
The searchers (A, B, & C) proceed slowly at the same pace along the path parallel to one side of
the rectangle. At the end of the rectangle, the searcher turns and proceed back along a new lanes
but parallel to the first movement.
Strip Method
Fig. 1
In the modification of the strip method known as the double strip or grid method, the
rectangle is traversed first parallel to the base and then parallel to the side. (Fig.2)
2. Spiral Method
The searchers follow each other in the path of a spiral, beginning in the outside and
spiralling in towards the center. (Fig.3)
3. Zone Method
The area to be searched is divided into quadrants and each searcher is assigned to one
quadrant. (Fig.4)
1. Wheel Method
If the area to be searched is approximately circular or oval, the wheel method may be used.
The searchers gather at the center and proceed outward along radi or spokes. (Fig.5)
The principal drawback of this method is that the distance between serachers increases as they
depart from the center.
The investigator must see to it that the search made with the employment of any of the above
method must be thorough.
The discovery of any physical evidence in the course of the search must be collected and
preserved without specific regard of their relation to crime.
Basically, a searcher must primarily concentrate on the following types of evidence.
1. Those which establish the element of proof that the crime was committed;
2. Those which may serve to trace the criminal.
Wheel Method
(Fig.5)
11 What is meant by reconstruction of the crime?

After completion of the search, an effort must be made to determine from the appearance of
the place and its objects what actually occurred and what the circumstances of a crime were. This
is known as the reconstructing of the crime.
12 What are the kinds of reconstruction? Expalin each.
a. Physical Reconstruction – The physical reconstruction appearance of the crime scene is

reconstructed from the description of witnesses and the indication of the physical
evidence.
b. Mental Reconstruction – From the physical reconstructions, some conclusions can be

made concerning the consistency of the accounts of various witnesses. No assumption
should be made concerning actions which are not supported by evidences. The final
theory developed by the investigator should provide a line of investigative action.
13. What are the equipment used in the search?
a. Searching tools – Flashlight, magnifier

b. Sketching Instruments –
a. Measuring devices- Compass, steel tape, ruler
b. Recording materials – Chalk, graphing paper, sketching pad, clip board, paper pad for
note taking.
c. Collection of evidences – Cutting fliers, knife, screw driver, shear scalpel, dropper,
forceps, fingerprinting equipments.
c. Preservation of evidence
1. Container-bottles, envelopes, test tubes, pins, and thumb tacks.
2. Label and seal-Evidence tags, gummed labels, sealing wax and grease pencil
Photographing the Crime Scene

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.
14 What are the minimum requirements to be observed by the investigator to insure the
admissibility of photographs in court?
1. The object which is presented should not be immaterial or irrelevant.

2. The photograph should not unduly incite prejudice or sympathy.
3. The photograph should be free from distortion
Distortion in photograph ay assume any of the following forms:
1. Incorrect point of view – The photograph may obscure essential objects and emphasize
others.
2. Perspective – Distortion of the picture may be due to the improper relationship of the
local length of the lenses of print viewing distance and tilting of the plate or lens board.
Tone – Mispresentation of tones can be accomplishes by this manipulation of exposure,

development, and choice of printing paper.
15. What are the kinds of photographs to be taken at the scene of the crime?
a. Over-all Photographs – Carried clockwise until at least four general view photographs
have been taken.
b. Photographs of the Deceased – A set of views showing the relationship of the dead body
with the surroundings.
c. Photographs of articles of evidence – Weapons, blood stins, hair, fibers, papers, etc..,
seen at the crime scene must be photographed before removal.
d. Special Techniques – Ultr-violet and infra-red, orthostereos-cipy, photomicrography
microphotography, radiography, grammagraphy, cinematography and projection work.
e. Photograph of the environs –
f. Photograph of the body after removal –
1. Photographing the body after removal for identification of the victim.

2. Close-up pictures of the wounds
Photographic Data
A complete record of each photograph should be made in a notebook so that the following
minimum essentials are available.
1. Data to identify the photographs with the offense
2. Data to identify the photographer
3. Data to orient the camera position with the scene
4. The data and hour when each photograph was taken.
5. Data reflecting the light and weather condition when each photograph was taken
6. Data reflecting the type and make the camera, film and details regarding special
equipments used.
7. Focal length of the lens.
8. Data regarding developing printing and any special laboratory techniques.
9. Data to reflect a complete chain or custody of the photographic film used.
Sketch of the Crime Scene
The sketch is the simpliest and the most effective way of showing actual measurements and
identifying significant items of evidence in their location at the scene. Sketching is
supplementary to photography.
16 Name the General Kinds of Sketch

a. Rough sketch – made by the investigator at the crime scene. No scale proportion is
ignored, and everything is approximated. It is to be used as a basis of the finished
sketch.
b. Finished Sketch – Made primarily for courteoom presentation. Scale and proportion
observed.
17 Name the Specific Kinds of Sketches

a. Sketch of Locality – The sketch of locality gives a picture of the scene the crime and
its environs, including each items as neighbouring buildings, roads leading to the
location or house, etc., In arson cases, the sketch of location is of great value as an aid
in
b. determining whether the fire was caused by nearby inflammable property.

c. Sketch of Grounds – The sketch of grounds pictures the scene of the crime with its
nearest physical surroundings i.e., a house with a garden, the plan of one or more
floors in a house and so forth.
d. Sketch of Details – The sketch of details describes immediate scene only. For
instance, the room in which the crime was committed and details thereof. Nowadays,
the sketch of details of a room is generally carried out by what is known as a cross
projection. In this method, the walls and ceiling are pictures as if they are on the same
plane as the floor. This will give clear impression of the scene in cases where blood
stains or bullet holes are found in the walls or on the ceiling.
The cross projection may be further augmented by drawings on a cardboard and cut-
outs. The folding of the cardboard will reproduce the interior of the room. One of the
walls is left hanging to permit looking into the room.
18. What are the elements of sketching?

a. Measurements – must be accurate.
b. Compass direction – a standard arrow to designate the north must be indicated to
facilitate proper orientation.
c. Essential items – Sketch must include important items of investigation.
d. Scale of Proportion – The scale of the drawing depends on the area to be shown.
The amount of details to be shown and the size of the drawing paper available.
The actual scale must be stated in the sketch.
e. Legend – The explanation of any symbol used to identify objects must be stated.
But excessive lettering in the sketch generally results in a crowded sketch and
obscurity of the essential items.
f. Title – this includes case identification of the victim, scenes portrayed, location,
date and hour when it was made, and the name of the sketcher.
19. What are the Rules for Sketching?

a. Never forget to determine the direction of the compass. Draw it on the sketch
b. Control measurements. Don’t rely on others to give them.
c. Do not draw things which are clearly irrelevant to the case.
d. Never rely on memory to make corrections at the station house, at home, or at a
place removed from the scene of the crime.
e. The scale must be drawn on the sketch. If a camera has been used, mark its
position on the sketch.
Case of Evidence
20. Define Physical Evidence
Articles and materials which are found in connection with the investigation and
which aid in establishing the identity of the perpetrator or the circumstances under which the
crime was committed or which, in general assist in the prosecution of the criminal.
21. Name the Kinds of Physical Evidence
a. Corpus Delicti - Objects or substances which are essential parts of the body of
the crime.
b. Associative Evidence – Evidence which links the suspect to the crime scene or
offense. Fingerprints and shoe impressions are good example.
c. Tracing Evidence – Articles which assist the investigator in locating the suspect.
22 What are the Evaluation of Physical Evidence?
The investigator must be able to recognize the valuable physical evidence and
determine its significance to the offense. In order that an investigator can appreciate the value of
physical evidence, he must have the following characteristics:
a. A knowledge of the law of evidence
b. Ability to recreate imaginatively the preceding during and after the commission
of a crime.
c. Ability to recognize indications of a “modus operandi”
d. Knowledge of the substantive law relating to the offense.

e. Knowledge of scientific laboratory techniques and the conclusion which may be
derived from their use.
23 What are the procedures needed for the care of the Physical Evidence?
In order to introduce physical evidence in a trial, three important factors must be
considered:
a. The article must be properly identified.

b. Continuity or chain of custody must be proved.
c. Competency must be proven, i.e., that the evidence is material and relevant.
24. Explain briefly the “Chain of Custody” of physical evidence.
The number of persons who handle evidence between the time of commission of the
alleged offense and the ultimate disposition of the case should be kept to a minimum. Each
transfer of evidence should be receipted. The recipient of the evidence shall be accountable for it
during the time it is in his possession. He must protect it and he must record the name of the
person from whom he received it and also to whom it was delivered.
25. What are the purpose of protecting physical evidence?
Evidence must be presented in court in the same substantial condition as it was at the
time the offense was committed.
It must be protected from accidental, intentional and even from natural alterations.
The following are the purposes of protecting physical evidence.
a. Certain types of evidence, such as latent finger prints, are so fragile in nature
that a slight act of carelessness in handling can destroy their value as clues and
remove the possibility of obtaining from any information which would further
the investigation.
b. It is necessary that the evidence presented in court be in a condition similar to
that in which it was left at the time of the offense.
B. THREE TOOLS OR THE 3 I’S IN CRIMINAL INVESTIGATION
26. What are the three (3) tools or the three I’s of criminal investigators?
The tools of the investigators are the three “I’s”, namely Information, Interrogation, and
Instrumentation. Their application varies in proportion depending on their necessity to establish
the guilt of the accused in a criminal trial.
27. What is meant by information?

Information is the knowledge which the investigator gathered and acquired from other
persons.
28. Name the two kinds of information.
a. Information acquired from regular sources such as conscientious and public-spirited
citizens, company records and files of other agencies.
b. Information which the experienced investigator gathers from cultivated sources, such as paid
informants, bar-tenders, cab drivers, licensed owners and employees in general, former criminals
or acquaintances.
29. State the importance of Information.
Information is important in investigation because it answers question. “Who did it”?

Once acquired, such information will enable the investigator to try to solve the problem in order
to find the proper solution.
30. What do you understand by Interrogation?
Interrogation is the process of questioning witnesses and suspects to obtain further

information. The effectiveness of interrogation depends on the craft, logic and psychological
insight of the interrogator in interpreting the information relevant to the case.
31. Differentiate Interrogation from Interview.
The term interview may be used to mean the simple questioning of a person who is
cooperating with the investigator, while interrogation may be used to describe the vigorous
questioning of one who is reluctant to divulge information.
The investigator must not overlook to ask the suspect whether he committed the offense.
Sometimes this question is overlooked by investigators in their eagerness to use refined ways or
techniques of modern crime detection.
If the questions are intelligent and forceful, the suspect will be induced to talk.
32. What do you understand by Instrumentation?
Instrumentation is the application of the instruments and methods of physical science to

the detection of crime. It is the application of physics, chemistry, and biology in crime detection.
It is the sum total of the application of all sciences in crime detection or otherwise known as
criminalistics because it includes also all the technical methods by which the fugitives may be
traced and examined.
In cases where there are no physical evidence to be found, then the use of
instrumentation is relatively unimportant. A thorough training in the resources of instrumentation
is of great importance to an investigator. The limitation of technical methods should also be a
part of his knowledge, since excessive reliance on instruments may in certain situations result in
the neglect of and more suitable investigation procedures.
33. What are the different ways in which criminalistics may be useful in criminal
investigation/
a. By supplying one or more missing links in a chain of evidences

b. By strengthening a week ling]k or links in the chain of evidences
c. By checking the accuracy of the statements made by
(1) The suspect, or (2) by material witnesses.
d. By clearing up doubtful points in the preliminary stage of an investigation which
may or may not be significant at a later stage.
e. By assisting in the rapid clearing up of routine inquiries.

C. PHASES OF CRIMINAL INVESTIGATION
34. Name the three (3) phases in criminal investigation.
a. The criminal is identified
b. He is traced and located
c. The facts proving his guilt are gathered for court presentation.
35. What are the four ways in identifying criminals?

The identity of the criminals may be made in the following ways:
a. By confession
b. By eyewitness testimony
c. By circumstantial evidence
d. By associative evidence
36. Name the two (2) kinds of criminal identified by witnesses.

a. Known Fugitives- if the criminal is known, then police records and pictures are
available. His relatives and friends can offer a description. Further description may
be obtained from local police files, background investigation and from verbal
description of others.
b. Unknown Criminals- Identification of unknown criminals by eyewitnesses must be
approached with caution by the investigator. The description and the
characteristics may be vague that identification is difficult.
The value of Identification of Eyewitnesses Depends on:
1. The ability of the eyewitnesses to observe and remember the relative
“distinctiveness” of the accused’s appearance
2. The prevailing conditions of visibility and observations.
3. The lapse of time between the criminal event and the identification.
37. Name the Methods of Identification by Witnesses.

a. Verbal Description – The value of the description must depend on the capacity of
the witness to describe the criminal.
b. Photographic Files – (Rogue’s Gallery) – The witness may be taken to the
headquarters to examine the photographs in the file. The modus operandi file
may also be shown upon knowledge of the technique of the commission of the
crime. The witness should also be instructed to call the investigator’s attention to
any strong similarity in the photograph of a single feature, as the nose or mouth.
c. General Photograph – The investigator should show the witness the variety of
facial types which do not necessarily represent the criminal. The picture only
represents different features of the face. The image of various features such as the
degree of baldness, length or shape of the nose, the shape of the ear, etc.,
d. Artist’s Assistance – Identification may be made by the employment of an artist
to depict a composite of the features described by the eyewitness. The witness is
shown a chart which contains representations of various types of human feature
as nose, eyes, ears, etc., and is requested to select the individual features present
in the unknown criminal.
From this selection, the artist draws a composite of the face which maybe a close
approximation that of the criminals.
38. State procedure of identification by witness of the persons in custody.
The investigator can increase reliability of identification by eyewitness through the
medium of the intelligently conducted “line-up”. The police line-up is more profitably used as
means of selecting a suspect from a group of innocent persons. The purpose of the line-up is the
elimination of the power of the suggestion as a factor in identification.
Procedure
There must be a group of seven (7) to ten (10) persons. Their appearance must be
almost the same as to height, hair, color, and clothing.
The suspect must be given the opportunity to select the position in the line-up.
The witness should be instructed before entering the line-up room to the fact that the
suspect is among the persons in the group. The suspect should not be made aware on any
decision on the part of the witness.
The lined-up members should not talk while in the room unless voice identification is
required. Before bringing the witness,
the investigator should determine whether it will be necessary to have the lined-up members
wear hats; walk show certain physical areas; sit down, or otherwise, demonstrate any
characteristics. If the witness desires the line-up members to perform certain actions, he should
communicate this information discreetly to the investigator.
If there are more than one witness, they should make their idpentification separately
and should not be permitted to confer with each other, until they have indicated their individual
decisions to the investigator.
39. Give the basis of Identification of eyewitness.
A. Face
1. Forehead – high, low, bulging, or receding
2. Eyebrow – brushly or thin; the shape
3. Mustache – length, color, shape
4. Eyes- small, medium or large: color, clear, dull, bloodshot; glasses
5. Ears – size, shape; size of lobe; angle of set
6. Checks – high, low, or prominent cheekbones; fat, sunken, or medium
7. Nose-short- medium, big or long; straight; aquiline or flat; hooked or pug

8. Mouth – wide, small or medium; general expression
9. Lips – shape; thickness; color
10. Teeth – shape; condition; defects; missing elements
11. Chin – size; shape; general impression
12. Jaw – length; shape; lean heavy or medium
B. Neck- shape; thickness; length; Adams apple

C. Shoulder – width and shape
D. Waist – size; shape of abdomen
E. Hands – length; size; hair; condition of the palms
putting his efforts into the expression, of emotions or sentiment such as patriotism, motherhood,
childhood, religion, or fidelity of ideals.
d. Strategic Interruption – When the interrogator senses.
23. What are the Physiological Symptoms of Guilt?
a. Sweating – If the face is flushed, anger is indicated. Embarrassment or extreme

nervousness may also be the case. A pale face indicates fear or shock. Sweating
hands indicate tension.
b. Color Change – A flushed face indicates anger, shame, or embarrassment but not
necessarily guilt. A pale face is a more reliable sign of guilt.
c. Dry Mouth – Great nervous tension is present. This is considered as a reliable
symptom of description. Swallowing, sweating of the lips and thirst are indications
of dryness of the mouth.
d. Pulse – an increase in the rate of the heart beat is indicative of deception. The
pulse beat is observable at the times in the neck.
e. Breathing – Deception is indicated by an effort to control breathing during critical

questions.
24. What are the methods of Reproducing an Interview or Interrogation?
a. Mental Note – Relying on simple memory has the advantage of permitting an

uninterrupted flow of information without inspiring caution due to the appearance
of pencil and paper. The disadvantage is that untrained memory may come away
from an interview with little more than a general impression and a few phrase.
b. Written Note – A written note must necessarily be sketchy. It must only record
significant data. An interrogation which may be accompanied by an oral
confession, requires more exact reproduction. A flood of information may
overwhelm the interrogator when dealing with a subject who suddenly talks
freely.
c. Stenographic Notes – The presence of a stenographer may deter a hesitant

subject. Moreover, the investigator seldom has stenographic facilities at his
disposal.
d. Sound Recording – The disc, tape or wire recording has been found to be the
simplest and most practical means of reproducing the interview or the
interrogation. It requires of course, physical preparation and moderate degree of
technical facilities.
e. Sound Motion Picture – The ideal solution is the sound motion picture that
combination of the sound and sight which most nearly represents to senses the
event itself.
25. What are the two (2) General Types of Recording?
a. Overt Transcript – this is the recording of the interview or interrogation known to
the subject. The suggestions of the recording may come from the investigator or
from the interviewee himself. The nature of the investigation will determine
whether the investigator should suggest that a recording be made. If the witness is
“friendly to the prosecution” and the information which has to offer is somewhat
complicated in nature, the most
b. practical procedure is to request permission to record. A courtesy copy of the

record maybe given to the interviewee if he so requests.
c. Surreptitious Transcript – This is the recording of the interview without the
knowledge of the subject.
26. Name the Purpose of the Subject
a. Interview – the purpose of the interview is to obtain and record information.
b. Interrogation – The purpose of recording are; (1) as evidence in court; (2) to
discover inconsistences; (3) implication of associates; and, (4) assisting later
interrogations.
C. ADMISSION, CONFESSIONS AND WRITTEN STATEMENTS
27. Define Admission
An admission is a self-incriminatory statement by the subject falling short of an
acknowledgment of guilt. It is an acknowledgement of circumstances from which guilt maybe
inferred. It implicates but does not incriminates. Coupled with circumstances such as the
existence of a motive, the admission may provide an inference of guilt.
28. Define Confession

A confession is a direct acknowledgement to the truth of the guilty fact as charged or
of some essential part of the commission of the criminal act itself. To be admissible, the
confession of the accused must be voluntary. Confession by duress, coercion, extreme
psychological restraint are not admissible in the court of justice.
29. What do you understand by the voluntariness of the Confession?
Voluntariness maybe shown by evidence of one of the following:

1. The statement obtained by urging or request was a spontaneous or self-induced
utterance of the accused.
2. The statement was obtain without coercion and free from any force or intimidation.
3. The statement was obtained during an official investigation after the accused was
informed of the nature of the offense, of the fact that he need not to make an
statement, and of the fact the evidence can be used against him at trial.
30. Define Disposition
A disposition is a testimony of a witness reduced to writing under oath or affirmation,

before person empowered to administer oaths in answer to interrogatories (questions) and cross
interrogation submitted by the part desiring the disposition and the opposite party.
31. What are the Purposes in Obtaining Statements?
a. To provide a written record for the case file.

b. For use by prosecution at the trial to refresh recollection, impeach witnesses; and
in general, monitor to some extent the testimony.
c. To discourage a witness from wrongfully changing his testimony at the trial.
d. To enable the prosecution to plan its presentation by reducing the element of
surprise that unforeseen testimony would introduce.
32. From what must written statements be taken?
a. Subjects and suspects

b. Recalcitrant or reluctant witnesses
c. Key witnesses
d. Any witnesses who gives an indication of a tendency to change his mind.
e. Witnesses who will not be available at legal proceeding.
33. State the Content of the Statement.
The interrogator must decide what information he wishes to be included in the
statement. The exercises of good judgement at this point is important since the subject may
subsequently refuse to make an additional statement to remedy any deficiencies in the first.
A Statement must not be lengthy to include irrelevant or immaterial points.
Statement from the witness should include those information he may possess and
could normally be expected to
give in testimony and information needed for the support of the case.
Statement from the suspects should include proofs to the elements of the charge and
contains any information pertinent to the issue of the case. It may include extenuating
circumstances or explanations offered by the suspect.
34. What are the Methods of Taking Statements?

The methods which the investigator may employ in reducing the written statement
will depend on the information to be recorded, and the availability of stenographic services, and
the intelligence and temperament of the suspect. The following are the different methods of
taking statements.
a. The subject may write his own statement without guidance. A statement of this
nature, which is sufficiently comprehensive, is the most desirable form.
b. The subject may dictate to a stenographer without guidance.
c. The investigator may give a list of the essential points to be covered in the
statements and suggest that he include those matters and add whatever pertinent
information he may wish.
d. The subject may deliver his statement orally to the investigator who writes the
statements.
e. The subject may deliver his statement orally to the investigator or stenographer in
response to questions put to him by the investigator. The responses are recorded
verbatim.
f. The investigator may assist the subject in dictating his statement by suggesting
words and locations which will express the subjects intended meaning. Naturally,
great caution must be observe by the investigator to protect himself from a charge
of influencing the subject.
g. The investigator may prepare the statement by writing his version of the
information given by the subject. He endeavours to use expressions employed by
the subject and submitted it to him for correction and changes.
35. State the Forms and Contents of a Written Statements.

There is no standard format for a written statement by the following data must be:
a. Identifying Data – The first paragraph of the statement should contain the date,
place, and identification of the maker the name of the person to whom the
statement was made, and declaration by the maker that the statement was made
voluntarily.
b. The Body – the body of the statement could be expository or narrative form, but
must include all the elements of the crime and the facts associating the subjects to
the elements. The exact word of the subject should be used by the investigator.
36. Witness to the Confession.

After the investigator had prepared the statement for signature, witnesses maybe
introduced so that they can later testify to the following.
a. That the subject read and revised the entire statement with the investigator.
b. That the subject objected to certain words, phrase or statements.
c. That the corrected certain words and phrases and initiated the corrections.
d. That the apparently understood the contents of the confession.
e. That he was in his right senses, knew what he was doing, and acted voluntarily.
f. That he acknowledged the statement to be true and correct.
37. Swearing to the statement.

The investigator should instruct the subject to raise his right hand. The investigator
should also raise his right hand and proceed to recite the oath. It is desirable that during the oath,
all persons should stand. The following maybe recommend oath.
Do you (state name of subject) solemnly swear that the statement which you have made and to
which you are about to affix your signature is the truth, the whole truth, and nothing but the
truth.
After the subject has been sworn, the statement is signed by the subject, the investigator or the
person administering the oath, and the witness (s).
38. What are the points to be considered by the investigator subsequent to the confession?
After a written confession has been obtained from the suspect, the investigation considered
complete.
CHAPTER 6
ARRESTS, SEARCHES, AND SEIZURES
ARREST; its concept
Arrest- is defined as the taking of a person into a custody in order that he may bound to answer
the commission of an offense.
Arrest- How made- It is made by the actual restraint of the person to be arrested or by his
submission to the custody of the person making the arrest.
No violence or unnecessary force shall be used making an arrest, and the person to be arrested
shall not be subjected to any greater restraint than the necessary for his detention.
All arrest should be made only on the basis of a valid Warrant of Arrest issued by a competent
authority, except in cases specified under the Doctrine of Citizens Arrest (Sec. 5, Rule 113.
Rules on Criminal Procedure)
Time of Arrest- As a general rule, arrests may be made on any day of the week and at any time
of the day or night.
Modes of Arrest- An arrest may be made by a virtue of a Warrant of Arrest or Warrantless

Arrest as hereinafter provided.
Warrant of Arrest- It is an order in writing in the name of the People of the Philippines, signed
by a judge and directed to a peace officer, commanding to arrest a person stated therein and bring
him before the Honorable Court.
Who Issues a Warrant of arrest- Only judges are authorized to issue Warrant of Arrest and
Search Warrant pursuant to Section 6 f Rule 112 of the Revised Rule on Criminal Procedures.
A warrant of Arrest is no longer needed if the accused is already under detention.
Immunity from Arrest

1. A Senator or House of Representatives shall in all offenses punishable by not more than six
years imprisonment, be privileged from arrest while Senate/ Congress is in session. (Section 11,
Article 6 of the Philippine Constitution);
2. Diplomatic Agents , Under the Vienna Convention on Diplomatic
3. Under Section 4 od RA, no. 75any writ process sued out or prosecuted by any person in any
court of the Republic of the Philippines, or by any judges or justice, whereby the person of any
ambassador or public minister of any foreign state, authorized and received as such by the
President, or any domestic or domestic servant of any such ambassador or minister is arrested or
imprisoned is void, and every person by whom the same is obtained or prosecuted, whether as
party or as attorney, and every officer concern in executing it is, upon conviction, “punished by
imprisonment of not more than three years and a fine not exceeding two hundred pesos in the
discretion of the court”.
Execution of Warrant – the head of the office to who the warrant of arrest has been delivered
for execution shall cause the warrant to be executed within ten (10) days from receipt. Within ten
(10) days after expiration of such period, the officer to whom was assigned for execution shall
make a report to the judge who issued the warrant and, in case of his failure to execute the same,
shall state the reason thereof.
Procedures in Serving Warrant of Arrest

1 Verify the validity of the warrant and request for n authenticated copy to issuing court.
2 In serving the warrant, the police officer should introduce himself and show proper
identification.
3 Make a manifestation of authority against the person to be arrested.
4 If refused entry, the police officer make break into any residence, office, building and
other structure where the person arrested is or is reasonably believed to be, after
announcing his purpose.
5 The police need not have the copy of a warrant in his possession at the time of the arrest,
if the person so requires, the warrant shall be shown to the arrested person as soon as
practicable.
6 Secure the person to be arrested
7 Inform the arrested person of the Miranda Doctrine as provided for in the constitution.
8 Conduct thorough search for weapons and other illegal materials;
9 In all cases, no force violence shall be used in making an arrest.
10 Confiscated evidence shall be properly documented.
11 Bring the arrested person to the Police Station documentation.
12 Submit return of warrant to the court of origin.
13 Deliver the arrested person to jail/prison upon the court issuance of commitment order.
PLANNING THE ARREST
This is the responsibility of the Team Leader or the Officer acting in his absence.
1. If the arresting party is composed of two (2) or more members, somebody must be placed
in charge, preferably the most experience
2. Consider the arresting party and covering party
3. Consider protecting of innocent by satnders
4. Prevent escape of subject
5. Make a discreet recognizance of the area
6. Determine weapon/equipment needed
7. Consider superiority of man power and firepower
8. Make the plan simple enough to be understood by the least experienced operative or
investigator
9. Consider the element of SURPRISE.(day break has proven satisfactorily for a number of
successful arrest )
10. Consider SPEED in the execution of the plan.
11. Consider overall coordination
12. Consider concealment or cover that might be available both in effecting the arrest and
removing the subject from building.
13. The briefing officer should ask the participants if they have any questions regarding the
plan.
Duties of the Arresting Officer
1. It shall be duty of the officer executing the warrant to arrest the accused and deliver him
without delay to the nearest police station or jail for the recording of the fact of the arrest
of the accused.
2. At the time of arrest, with or without warrant, it shall be the duty of the arresting officer
to inform the person to be arrested of the cause of the arrest and the fact that a warrant
has been issued for his arrest ( Section 7, Rule 113 Revised Rules on Procedure) and in
case of arrest without a warrant is shall be the duty of the arresting officer to inform the
person to be arrested of his authority and the cause of the arrest (Section 8, Rule 113
Revised Rules of Criminal Procedure), in the dialect or language known to him excepts
when he fleas or forcibly resists before the officer has the opportunity to so inform him or
when the giving of such information will imperil the arrest. The officer need to have the
warrant in his possession at the time of the arrest bu after the arrest, if the person so
requires the warrant shall be shoen to him as soon as practicable
3. The person arrested, with or without warrant, shall be informed of his constitutional right
to remain silent and that any statement he might make could be used against him. He
shall have the right to communicate with his lawyer of his immediate family. It shall be
the responsibility of the arresting officer to see to it that this is accomplished.
4. A person arrested without a warrant shall be immediately brought to the proper police
station for investigation without unnecessary delay, and within the time prescribed in the
Article 125 of the Revised Penal Code, as amended ( i.e.,12, 18, or 36 hours, as the case
may be) shall be subjected to inquest proceeding under Section 7, Rule 112 of the 200
Rules of Criminal Procedure.
5. No torture, force, violent, threat, intimidation, or any other means which vitiate the free
will shall be used against an arrested person. The bringing of arrested person to secrete
detention places, solitary confinement (incommunicado) or other forms of detention is
prohibited.
6. If a person arrested without a warrant waives his right under the provisions of Art. 125 of
the Revised Penal Code the arresting officer shall ensure he shall sign a waiver of
detention in the presence of his counsel of choice. (Form “C”. Refer to page 90)
7. If the arrested person waives his right against his right to self-incrimination and opts to
give his statement, the arresting officer shall ensure that the waiver shall be made in
writing and signed by the person arrested in the presence of a counsel of his own choice
or a competent and independent counsel provided by the government.
Authority Given to the Arresting Officer in Making an Arrest-
1. Officer may summon assistance – An officer making lawful arrest may orally summon as
many persons as he deems necessary to assist him I effecting the arrest. Every person so
summoned by an officer shall assist him in effecting the arrest when he can render
without detriment to himself.
2. Right of officer to break into building enclosure – An officer in order to make an arrest
either by virtue of a warrant, or without a warrant, may break into a building enclosure
where the person to be arrested is or is reasonably believed to be, if he refused admittance
there to, after announcing his authority and purpose.
3. Right to break out from building or enclosure- Whenever an officer has entered the
building or enclosure to make an arrest he may break out there from when necessary to
liberate himself.
4. Arrest after escape or rescue- If a person lawfully arrested escapes or is recued, any
person may immediately pursue to retake hi without a warrant anytime in any place
within the Philippines.
Lawful Warrantless Arrest – a peace officer or a private person may, without a warrant of
arrest, arrest a person with the following:
1. When, in his presence the person to be arrested has committed, is actually committing, or
is attempting to commit an offense.
2. When an offense has just been committed and he has probable cause to believe, based on
personal knowledge of facts or circumstances, that the person to be arrested has
committed it and
3. When the person to be arrested is a prisoner who escaped from penal establishment or
place where he is serving final judgement or temporarily confined while his case is
pending, or has escaped while being transferred from confinement area to another.
In essence, Sec. 5, par.(a), Rule 113 requires that the accused be caught in flagrante delicto or
caught immediately after the consumption of the fact.
On the other hand, Sec.5, par (b), Rule 113, necessitate two (20 stringent requirements before a
warrantless arrest can be effected:
1. An offense has just been committed: and
2. The person making an arrest has personal knowledge of facts indicating that the person to
be arrested had committed it.
There must be a large measure of immediacy between the time the offense was committed and
the time of the arrest, and if there was an appreciable lapse of time between the arrest and the
commission of the crime, a warrant of arrest must be secured. Aside from the sense of
immediacy, it is also mandatory that the person making the arrest must have personal knowledge
of certain facts indicating that the person to be taken into custody has committed the crime.
(People vs. Del Rosario, 305 SCRA 740)
On the other hand, the arrest of a suspect without a warrant for being a member of the NPA, an
outlawed subversive organization is justified as it can be said that he was committing an offense
when arrested. “The crimes of rebellion, subversion, conspiracy or proposal to commit such
crimes and crimes or offenses committed in furtherance thereof or in connection therewith
constitute direct assaults against the State and are in the nature of continuing crimes.” (Umil vs.
Ramos 187 SCRA 311 {1990} ) (RA 7636 Already Repealed The Anti-Subersive Law and Mere
Membership in an Outlaw Organization is not a Crime)
An arrest occurs when a police officer takes a person against his or her will for questioning or
criminal prosecution. The general rule is that to make an arrest, the police officer must obtain an
arrest warrant. However, if the officer has a probable cause to believe that a crime has been
committed and there is no time to obtain a warrant, the officer may make a warrantless arrest.
Also, an officer may make a warrantless arrest of persons who commit a crime in the officer’s
presence.
When an arrest is made, the arresting officer must read the Miranda warnings to arrestee. The
Miranda warnings apprise an arrestee of the right to obtain counsel and the right to remain silent.
If these warnings are not read to an arrestee as soon as he or she is taken into custody, any
statements the arrestee makes after the arrest may be excluded from trial.
Procedures in Conducting Warrantless Arrest
1. Freeze or restrain the suspect/s; Employ necessary force if needed;

2. The police officer should introduce himself and show proper identification;
3. Make a manifestation of authority against the person to be arrested;
4. Inform the arrested person of the Miranda Doctrine as provided for in the Constitution
5. Secure the person to be arrested
6. Conduct thorough search for weapons and other illegal materials;
7. In all cases, no force, violence a shall be used in making an arrest;
8. Confiscated evidence shall be properly documented
9. Bring the arrested person to the Police Station
10. Prepare spot report, sworn statement/s of arresting officers and witnesses, other
supporting documents, and processing of evidences.
11. Arrange for an inquest proceeding before the Office of the Prosecutor prior reaching the
regulation period of;
a. Twelve (12) hours for crimes or offenses punishable by light penalties, or its
equivalent;
b. Eighteen hours (18) for crimes or offenses punishable by correctional penalties, or its
equivalent; and
c. Thirty six (36) hours, for crimes or offenses punishable by afflictive or capital
penalties, or its equivalent as provided for by 125 of the Revised Penal Code; File
case to the inquest fiscal on duty.
Medical Examination of Arrest Persons/Suspect
In cases where the arrested person obviously requires medical attention he shall be subjected to
medical examination and treatment by medico legal officer or any government physician prior to
investigation.
Arrest made not failing under paragraph (a), medical examination of the arrested person shall be
undertaken by a medico legal officer or any government physician after the investigation.
Medical examination by medico legal officer or any government physician is mandatory every
transfer of custody of arrested person.
Record Check- The investigating officer shall conduct a record check of the arrested person to
determine the possibility that he is wanted for other crimes than that for which he was arrested.
Special consideration in releasing Arrest information to the Media
It is permissible to release the following data after an arrest issuance of an arrest warrant of
filling of an information or incident,
1. The name, age, residence, occupation and family status of the accused;
2. The time and place of arrest whether pursuit or resistance was encountered, whether
weapons were used, changes placed against the suspects and description of the
contraband seized;
3. The identity of the arresting officers and the duration of the investigation unless the
officers are engaged in undercover operations; and
4. The amount of bond, scheduled court hearings and place of suspect’s detention.
The following types of information should not be released without express

permission of the Chief of Police after an arrest and formal charging of a suspect,
but prior to adjudication.
1. Prior criminal conviction record, character or reputation of a defendant.
2. Existence or contents of any confession, admission or statement of defendant or his

failure or unwillingness to make statement.
3. Performance or results of any test or a dependant’s refusal or failure to submit to test as

polygraph.
4. Identity statement or expected testimony of any witness or victim; and
5. Any opinion or knowledge of the potential for plea bargain or potential action.
High Risk Stop and High Risk Arrest

In the light recent concerns and challenges occasioned by persistent threat to national
security and public safety, hereunder are the procedures to ensure that within the areas under
police responsibility, the rule of law is upheld and peace and order is maintained.
Definition of terms
“High Risk Stop” shall mean the actual stopping or accosting of armed and dangerous person or
persons, whether on foot or board a vehicle or vehicles,including the power to use all necessary
and legal means to accomplish such end.
“High Risk Arrest” shall mean the actual restraint of armed persons following to a high risk
stop.
“Necessary and Legal Means” as used in the definition shall include, but not limited to, the
employment of appropriate number of troops, armor assets and tactical or special units to
effectively and permanently quell the threat or present danger, or to swiftly restrain or arrest the
suspect or suspects.
“Stopping Zone” shall mean strategic predetermined area strongly sealed off, barricade and
occupied by tactical forces in a lawful display of authority to maintain law and order or in
defensive response to an event of criminal nature or of such gravity that occurred or likely to
occur calling high risk stop or arrest.
“Pre-Determined Area” shall mean the specific or projected spot where the armed and
dangerous person or persons would pass or likely to pass and so tactically located to gain
calculated advantage against said person or persons
Supplemental Police Response and Procedures:
A-Initial Stage
Upon receipt of information involving movement of armed person or persons, either singly or in
mass, including unauthorized movement of government troops, or in immediate response to a
reported commission of crime perpetuated by armed persons, the police shall immediately:
1. Organize appropriate tactical security forces utilizing maximum firepower and armor
assets.
2. Deploy the security force to stopping zones in defensive position.
3. Seal off the area and establish strong roadblocks/barricades.
B. – Effecting a High Risk Stop- When effecting High Risk Stop the police shall:
1. Exert utmost effort to persuade the suspects to halt or stop their movement.
2. Start with the procedural conduct of simple arrest under the Police operational Procedures
where arrest is inevitable.
3. Ensure proper documentation of the process
4. Respect the rights of all persons involved.
C. During Violent Stage

The PNP shall strictly adhere to the Police Operational Procedures particularly on the use of
deadly and reasonable force.
Arrest Information
A.Following arrest, issuance of an arrest warrant or filling of an information or
indictment, it is permissible to release;
1. The name, age, residence, occupation and family status accused;
2. The time and place of arrest whether pursuit or resistance was encountered, whether
weapons were used, changes placed against the suspects and description of the
contraband seized;
3. The identity of the arresting officers and the duration of the investigation unless the
officers are engaged in undercover operations; and
4. The amount of bond, scheduled court hearings and place of suspect’s detention.
B. Following arrest and formal charging of a suspect, but prior to adjudication, the
following types of information shall not be released without express permission of
the unit head/chief:
1. Prior criminal conviction record, character or reputation of a defendant.

2. Existence or contents of any confession, admission or statement of defendant or his
failure or unwillingness to make statement.
3. Performance or results of any test or a dependant’s refusal or failure to submit to test as
polygraph.
4. Identity statement or expected testimony of any witness or victim; and
5. Any opinion about the guilt of innocence of a defendant or merits of the case
6. Any opinion or knowledge of the potential for plea bargain or pre-trial action.
SEARCHES AND SEIZURES

Search and seizure is a necessary exercise in the ongoing pursuit of criminals. Searches and
seizures are used to produce evidence for the prosecution of alleged criminals. The police have
the power to search and seize, but individuals are protected against Arbitrary, unreasonable
police intrusions.
Search and Seizure An examination of a person’s premises (residence, business, or vehicle) by
law enforcement officers looking for evidence of the commission of a crime, and taking (seizure
and removal) of articles of evidence (such as controlled narcotics a pistol, counterfeit bills, a
blood-soaked blanket) The basic question whether the search and seizure were “unreasonable”
under the Constitution which provides: “The right of people to be secure in their persons, houses,
papers, ad effects, against unreasonable searched and seizures, shall not be violated” Thus,
searches an seizure must be under the authority of a search warrant or when the officer has solid
facts that give him/her “probable cause” to believe there was evidence of a specific crime in the
premises and no time to get a warrant. Evidence obtain in violation of the Constitution is not
admissible in court, nor is evidence traced through such illegal evidence.
Search definitions:
It is a thorough examination of; look over carefully in order to find something
It is an examination of a person or personal effects of in order to find something lost or
concealed.
It is an examination of another’s premises (including vehicle) to look for evidence of criminal
activity.
It is unconstitutional for law enforcement officers to conduct a search without “search warrant”
issued by a judge or without facts which give the officer “probable cause” to believe evidence of
a specific crime is on the premises and there is not enough time to obtain a search warrant.
Definition of Seizure
A seizure refers to the collection of evidence by the law enforcement officials and to the arrest of
persons.
Search Warrant is an order in writing issued in the name of the People of the Philippines,
signed by a judge and directed to a peace a peace officer, commanding him to search for personal
property described therein and bring it before the Honorable Court.
Requisites for Issuance of Search Warrant – A search warrant shall be issued only upon
probable cause in connection with specific offense to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be search and things to be seized which may be anywhere in
the Philippines.
The following properties may be objects of search warrant:
1. Properties which are the subject of the offense
2. Stolen, embezzeled proceeds, or fruits of the offense
3. Objects including weapons, equipment, and other item used or intended to be used as the
means of committing an offense.
Objects that are illegal per se, even if not particularly described in the search warrant, may be
seized under the plain view doctrine as referred to under Section 8, Rule 12.
Application for Search Warrant – all application of search warrant shall be approved for
filling by the chief of office (Form D” refer to page 91). The Application shall indicate the
following data:
1. Office applying for the search warrant
2. Name of officer-applicant
3. Name of the subject, if known
4. Address/place(s) to be searched;
5. Specific statements of things/articles to be seized; and
6. Sketch of the place to be searched.
All approved application shall be recorder in a log book, duly maintained for the purpose,
indicating the name of the applicant, name of the respondent, nature of the offense, and date of
the application.
Time of Making Search – the warrant must be direct that it will be served daytime, unless the
affidavit asserts that the property is on the person or in the place ordered to be searched, in which
case a direction may be inserted that it be served at any time of the day and night.
Authority Given to the Officers in the Conduct of Search - In the conduct of search, if after
giving notice of his purpose and the authority, the officer is refused admittance to the place of
search, he may break open any outer or inner door or window or any part of the house or
anything therein to execute the warrant or liberate himself or any person lawfully aiding him
when unlawfully detained therein.
Right to Break Door or Window to Effect Search – The Officer, if refused admittance to the
place of direct search after giving notice of his purpose and the authority, may break open any
outer or inner door or window or any part of the house or anything therein to execute the warrant
or liberate himself or any person lawfully aiding him when unlawfully detained therein.
Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant
1. Houses, rooms or other premises shall not be search except in the presence of the lawful
occupant thereof or any member of his family or in the absence of the latter, in the
presence of two (2) witnesses of sufficient age and discretion residing in the same
locality.
2. Lawful personal properties, papers, and other valuables not specifically indicated or
particularly described in the search warrant shall not be taken.
Validity of Search Warrant – the search warrant shall be valid for ten (10) ten days from date
of issuance and may be served at any day within the said period. Thereafter, it shall be void.
If , in the implementation of the search warrant, its objects or purpose cannot be accomplished in
one day, the search can be continued the following day, or days, until completed provided it is
still within the ten (10) day validity period of the search warrant (Mustang Lumber vs. CA 71
166)
If the object of purpose of the search warrant cannot be accomplished within the ten (10) days
validity period, the responsible officer conducting the search must file, before the issuing court,
an application for the extention of the validity period of said search warrant.
Receipt for the Property Seized – the officer seizing the property under the warrant shall issue
detailed receipt of property seized to the lawful occupant of the premises, or in the absence of
such occupant, shall, in the presence of two (2) witnesses of sufficient age discretion residing in
the same locality, leave a receipt in the place in which he found the seized property and a
duplicate copy thereof with any barangay official having jurisdiction over the placed searched.
(Form E’- Refer to page 96)
Valid Warrantless and Seizures
1. Search made accidental to a valid arrest – a person lawfully arrested may be searched
for dangerous weapons or anything which may be used or constitute proof in the
commission of an offense without a search warrant. (Section 13 Rule 126 of the Rules of
Court). “The warrantless search and seizure as an incident to a lawful arrest may extend
beyond the person of the one arrested to include the premises or surroundings under his
immediate control. (Pp vs. Hindoy GR No. 132662, May 10 2002)
2. Search of moving Vehicle Caroll v. United States, 267 U.S. 132, 153 (1925) says: “…
the guaranty of freedom from unreasonable searches and seizures is considered as
recognizing a necessary difference between a search of a dwelling, house r other structure
in respect of which a search warrant was may readily be obtained and search of a ship,
motorboat, wagon, or automobile for contraband goods where it is not practicable to
secure a warrant, because the vehicle can be quickly moved out of the locality or
jurisdiction in which the warrant must be sought.”
When a vehicle is stopped and subjected to an extensive search, it would be constitutionally
permissible only if the officers conducting the search had reasonable or probable cause to
believe, before the search, that either the motorist is a law offender or they will find the
instrumentality or evidence pertaining to a crime in the vehicle to be searched. (Pp vs. Libno, GR
No. 136860, Jan. 20, 2003.
3. Seizure of goods concealed to avoid Custom duties. “persons exercising police
authorities under the custom laws may effect search and seizure without a search warrant
in the enforcement of custom laws” (Papa vs Mayo, 22 SCRA 857). “ A search, seizure
and arrest may be made even without a warrant for a purpose of enforcing custom and
tariff laws” (Reita vs. People, 436 SCRA 273 [2004])
4. Seizure of evidence in Palin View. Harris v. United States. 390 U.S. 234 (1968) says
that any object falling in the plain view are subject to seizure and may be introduces as
evidence.”
Requirements of Plain View Doctrine

1. The law enforcement officer must have prior justification for an intrusion (i.e., he is not a
trespasser) or otherwise, must be in a position from which he can view a particular area.
2. The discovery of the evidence in a plain view is inadvertent. (discover by chance)
3. It is immediately apparent to the officer that the item he observes (i.e., open to the naked
eye and hand) may be evidence of a crime, contraband, or is otherwise subject to seizure.
(Pp vs. Doria SCAD 524, Pp vs. Sarap March 26, 2003, Pp vs. Alfonso 219 SCRA 102)
4. Where there is waiver of the right or there is consented search – to constitute a waiver of
this constitutional right, it must appear first, that the right exist; secondly, that the person
involved had knowledge, either actual or constructive, of the existence of such right;
lastly, that the said person had an actual intention to relinquish the right. (De Garcia v.
Locsin, 65 Phil. 689, 694- 5 (1938) ] Thus, where the accused has voluntarily surrendered
his gun, he cannot claim illegally of the seizure. (Peopele v. agbot SCRA 325, 331 (L-
376541, july 31, 1981)
Searches Under Stop and Frisk Rule – The designation of the right of the police officer to stop
citizen on the street, interrogate him, and pat him for weapons whenever he observes unusual
conducts which leads him to conclude that a criminal activity may be committed by said person.
Stop and Frisk Situations – If the searched being assailed search and seizure may still be justified
as a kin to “stop and Frisk” or to maintain the Status quo momentarily while the police officer
seeks to obtain more information.
Emergency and Exigent Circumstances – “in cases of exigent and emergency situation ( i.e.,
Coup d’etat) and the police operative has reasonable ground to believe that a crime was being
committed, and they had no opportunity to apply for a search warrant from the courts because
the latter were closed, under such urgency and exigency, a search warrant could be validly
dispensed with” (Pp vs De Garcia 233 SCRA 716)
Exigent and Emergency Circumstances - (Pp vs De Garcia 233 SCRA 716) (1994) states that :
“ x x x it is our considered opinion that the instant case fails under one of the exceptions to a
prohibition to warrantless search. In the first place, the military operative taking into account the
facts obtaining in his case, had reasonable ground to believe that a crime was being committed.
There are consequently more probable cause to warrant their action. Furthermore, under the
situation then prevailing, the raiding teem had no opportunity to apply for and secure a search
warrant from the courts. The trial judge himself manifested on December 5, 1989 when the raid
was conducted, his court was closed. Under such urgency and exigency of the moment, a search
warrant could lawfully be dispensed with.”
Searches by Private Persons – “the constitutional protection against unreasonable searches and
seizures refers to the immunity from one’s person from interference by government. It cannot be
extended to act committed by private individuals so as to bring it with the ambit of alleged
unlawful intrusion by the government. Xxx Where the contraband articles are identified without
a trespass in the part of the arresting officer, there is not a search that is prohibited by the
constitution. The Bill of Rights embodied in the Constitution is not meant to be invoked against
set of private individuals, it is directed only against the government and its agencies tasked with
the enforcement of the law. People vs. Marti, 193, SCRA57; Waterous Drug Corp. vs NLRC,
280 SCRA 735)
Tipped Information- People vs. Aruta, 351 Phil. 868 (1998) states that: “x x x Even if the
message , as regards to the identities of the appellants, was merely relayed through radio, there
was a clear description of them to enable policemen to identify appellants. Under this
circumstances, the policemen had reasonable grounds to believe that the appellants were dealing
or transporting prohibited drugs. It has been held that tipped information is sufficient to provide
probable cause to effect a warrantless search and seizure. “(Cited in People of the Phil. Vs Luis
Tampis, et al., GR No. 148725, July 31 2003; People of the Phil. Vs. Hedishi Suzuki, G.R No.
120670, October 23, 2003.)
Customs Search People vs. Doria, G.R. No 125299, January 22, 1999 states that: Under the
Tariff and Customs Code, searches, seizure and arrest may be made without a warrants, for
purposes of enforcing customs and tariff laws. Without mention of the need to priorly obtain a
judicial warrant, the Code specifically allows police authorities to “enter, pass through, or search
any land, enclosure warehouse, store or building, not being a dwelling house; and so to inspect,
search and examine any vessel or aircraft and any trunk, package, box or envelope or any person
on board or stop and search and examine any vehicle, beast or person suspected of holding or
conveying any dutiable or prohibited article introduced into the Philippines contrary to law.”
Search made pursuant to routine security procedures which is authorized under Section 9
of RA 6235. In people vs. Johnson , 348 SCRA 526 [2002] citing John M. Scheb and John M.
Scheb II, Criminal Law and Procedures 376 (1999) states that; “such recognition is implicit in
airport security procedures. With increase security at the nation’s airport, passengers attempting
to board an aircraft routinely pass through metal detectors; their carry-on baggages as well as
checked luggages are routinely subjected to x-ray scans. Should these procedures suggest the
presence of suspicious objects, physical searches are conducted to determine that objects are.
There is little question that such searches are reasonable, given their minimal intrusiveness, the
gravity of the safety interests involved, and the reduced privacy expectations associated with
airline travel.
Search of a Person Arrested

1. “probe” do not “pat” (a woman operative should be used to search females)
2. The need to handcuff subject/s
3. Dangerous and violent criminals, as well as escapees from prison must be handcuff
4. Do not stop when a weapon is found
5. Look for items which may be used to commit suicide
6. Look for items of evidence
7. Searches should never cross the line of fire
8. Do not talk to subject(s) in the course of the search
9. Do not grant subjects request to attend to something before, during and immediately after
the search. In search by a single Officer, have the gun ready with the hand at distance
from the subject.
10. Be sure to search every part of the body and clothing
TYPES OF SEARCHES
1. Against the wall (Wall Search)
2. Standing Search
3. Kneeling Search
4. Prone Search
Against the Wall Search (Wall Search)
The purpose of this search is to place the subject in an “off-balanced” position requiring the use
of both arms and legs to keep him from falling to the ground. This is the safest type of search. It
does not necessarily require a wall; any object that can support the weight of the subjects (s) such
as a can be used. The procedures on this type of search are the following:
1. Require subject to place both hands on the wall slightly higher that his/her waist. Spread
hands as far as possible. Palms should be placed against the wall. Finger extended.
2. The subject’s feet must be extended back away from the wall as far as possible. Spread
them far apart as possible, toes pointed out. Buttocks should not be on an arched position
3. The subject’s head should be down or bowed at all times
Mechanics in executing Against the Wall Search.

1. If there is only one subject, the leader should place himself at one side, while his
subordinate is on the other side
2. To search the other side, the subordinate should move to the opposite side
3. If there are two or three subjects, move one subject to be searched on the wall, but out of
reach of the others
4. Search both sides of subject, the leader conducting the search and the subordinate
guarding the other subjects
5. Move one subject at a time
6. Subject’s head should be down at all time
7. The subordinate should concentrate on the actions of the subjects and not the action of
the leader.
8. When there are more than three subjects, additional personnel should be summoned;
9. Remove any object found, then examine the palm of the hand, including between the
fingers.
Standing Search
1. Raise subjects hand over his head and spread his feet apart as possible
2. His is not recommended because the subject is on balance position.
Kneeling Search
1. Subjects kneels on the ground with hands raised over his head
2. This is also discourage from the same reason as the standing search
Prone Search
1. Subject lies on his stomach with arms and legs outstretched
2. Subject has both arms and legs free and at all times in “on balance” position
3. Front part of clothing can be searched
4. This can be extremely dangerous if subject has knowledge of judo
Methods of Restraint ; HANDCUFFING:

1. Always handcuffs the suspects and behind his back unless transporting a long distance, in
which case a transportation chain should be used.
2. Handcuff the hands to back. This prevents any manipulation of the handcuffs.
3. Double lock both cuffs in order to prevent the following;
a. It prevent Shimming –
Otherwise any thin metal object such as hairpin can be used to shim the ratchet and release the
cuff.
It prevents unnecessary injury to the wrist by having the cuffs tighten up to the suspect and cut
his wrist. Arresting officer might be charged for Human Violation
4. When going to some distance, put the subject’s belt through the cuffs and then secure the
belt with the buckle on the opposite side of the body from the cuffs.
5. Search suspect for handcuff keys and ball point pens. Check mouth. Ball point pens can
be used as.
a. Weapons-for stabbing
b. Handcuff key
6. When a suspect is handcuffed and in the car use the seatbelts to secure him to the seat.
7. Even though the prisoner is handcuffed behind his back, you should slide you gun belt
around your waist to the side away from him if he is sitting next to you.
8. Handcuffs are not escape proof. They are just meant to be a temporary restraint. Don’t
put too much faith in them.
9. Always carry an extra handcuff key. They are easily lost.
Applying the Handcuffs

Handcuffs should be applied if at all possible when the suspect is in the wall search
position.
Step 1. Take the handcuffs in the closed single locked position, and grip them by the links when
the left hand so the movable arm of the cuffs is on the bottom, and the keyholes is facing the
suspect.
Step 2. Tell the subject to put his right hand behind his back with the back of his hand facing his
body.
Step 3. Grab the suspects fingers on the right hand on your right hand as though you were
shaking hands with him, only gripping lower to prevent his “indian wrestling” you. Then bend
the fingers outward.
Step 4. Lay the right cuff on his wrist and then give a quick downward snap so the swinging arm
of the swings around and locks. You can complete the swig with your finger if it doesn’t
complete by itself. With a little practice, an officer can became quite proficient at this. A word of
warning. Do not bring the cuffs down on the suspect’s wrist with great force. It is not required,
and it can hurt the suspect’s wrist. The cuff should touch the wrist before the downward snap is
given.
Step 5. Grab the handcuff links with your right hand and tell the suspect to put his head against
the wall, and then bring his left hand back in the same manner as before with the right hand.
Step 6. Grasp left hand with your left hand as you did with the right hand, and apply the
handcuffs with you right hand as was done before.
Step 7. Double lock both cuffs
Step 8 Put your hand over his shoulder and pull him back to a standing position.
Fruits of the Poisonous Tree

The fruits of the poisonous tree doctrine provides that evidence obtained from an unreasonable
search and seizure cannot be used as evidence in court proceedings. Not only is the evidence
obtained from unreasonable search and seizure inadmissible, any evidence resulting from the
unreasonable seized evidence is also tainted and is not admissible as fruits of the poisonous tree.

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HANDBOOK OF CRIMINAL

INVESTIGATION AND DETECTION

10.Explain briefly the four (4) mechanics of search: illustrate each.

11 What is meant by reconstruction of the crime?

12 What are the kinds of reconstruction? Expalin each.

a. Physical Reconstruction – The physical reconstruction appearance of the crime scene is

b. Mental Reconstruction – From the physical reconstructions, some conclusions can be

13. What are the equipment used in the search?

a. Searching tools – Flashlight, magnifier

CONCEPTS AND GENERAL PRINCIPLES

Photographing the Crime Scene

1. The object which is presented should not be immaterial or irrelevant.

Distortion in photograph ay assume any of the following forms:

Tone – Mispresentation of tones can be accomplishes by this manipulation of exposure,

CONCEPTS AND GENERAL PRINCIPLES

1. Photographing the body after removal for identification of the victim.

16 Name the General Kinds of Sketch

17 Name the Specific Kinds of Sketches

b. determining whether the fire was caused by nearby inflammable property.

18. What are the elements of sketching?

CONCEPTS AND GENERAL PRINCIPLES

19. What are the Rules for Sketching?

21. Name the Kinds of Physical Evidence

22 What are the Evaluation of Physical Evidence?

d. Knowledge of the substantive law relating to the offense.

a. The article must be properly identified.

25. What are the purpose of protecting physical evidence?

CONCEPTS AND GENERAL PRINCIPLES

B. THREE TOOLS OR THE 3 I’S IN CRIMINAL INVESTIGATION

27. What is meant by information?

29. State the importance of Information.

Information is important in investigation because it answers question. “Who did it”?

30. What do you understand by Interrogation?

Interrogation is the process of questioning witnesses and suspects to obtain further

CONCEPTS AND GENERAL PRINCIPLES

31. Differentiate Interrogation from Interview.

32. What do you understand by Instrumentation?

Instrumentation is the application of the instruments and methods of physical science to

a. By supplying one or more missing links in a chain of evidences

CONCEPTS AND GENERAL PRINCIPLES

e. By assisting in the rapid clearing up of routine inquiries.

35. What are the four ways in identifying criminals?

36. Name the two (2) kinds of criminal identified by witnesses.

CONCEPTS AND GENERAL PRINCIPLES

37. Name the Methods of Identification by Witnesses.

39. Give the basis of Identification of eyewitness.

7. Nose-short- medium, big or long; straight; aquiline or flat; hooked or pug

B. Neck- shape; thickness; length; Adams apple

23. What are the Physiological Symptoms of Guilt?

a. Sweating – If the face is flushed, anger is indicated. Embarrassment or extreme

e. Breathing – Deception is indicated by an effort to control breathing during critical

24. What are the methods of Reproducing an Interview or Interrogation?

a. Mental Note – Relying on simple memory has the advantage of permitting an

c. Stenographic Notes – The presence of a stenographer may deter a hesitant

b. practical procedure is to request permission to record. A courtesy copy of the

28. Define Confession

29. What do you understand by the voluntariness of the Confession?

Voluntariness maybe shown by evidence of one of the following:

30. Define Disposition