Fundamentals of Criminal Investigation TextBook
Fundamentals of Criminal Investigation TextBook
Fundamentals of Criminal Investigation TextBook
VARGAS
COLLEGE
College of Criminology
Tuguegarao City, Cagayan
FUNDAMENTALS OF
CRIMINAL
INVESTIGATION
THE AUTHOR
The author is a native Ilocano who hails from San Mateo, Isabela. He
joined the Philippine National Police in 2007. With his present rank of
Police Officer 3, he is the Admin PNCO of the Office of the Deputy
Regional Director for Operation, PRO2, Camp Adduru, Tuguegarao City,
Cagayan.
He finished his Bachelor of Science in Industrial Education major in
Industrial Arts at Technological University of the Philippines (TUP),
Ermita, Manila in 2004 as Cum Laude. He is also a graduate of Bachelor
of Science in Criminology at Saint Ferdinand College (SFC), Ilagan City,
Isabela in 2011. He earned his Masters Degree in Public Administration
major in Project, Planning and Development Administration at the
Cagayan State University (CSU), Andrews Campus, Tuguegarao City,
Cagayan in 2014. He also earned 15 Units of Bachelor of Laws and
Letters (LLB) at College of Law, Cagayan State University (CSU),
Andrews Campus. He is a graduating student of Master of Science in
Criminology at University of Cagayan Valley (UCV).
His eligibilities in the government position include a Registered
Criminologist, Licensure Examination for Teachers (LET) Passer and
Presidential Decree 907 (Cum Laude). He also passed the NAPOLCOM
Promotional Examinations, both the Police Officer and Senior Police
Officer Examinations.
He undergone several criminal investigation trainings and courses
which include the Terrorist Crime Scene Investigation Course offered
and funded by the United States, Department of State thru the AntiTerrorism Assistance Program held at NHQ PNP Camp Crame, Quezon
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM
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INTRODUCTION
Crime is a major concern for many people. Indeed, for some it is
the major concern in their lives. Everyday people are forced to change
their lives because they were a victim of a crime or are fearful of
becoming a victim. One means to make life safer is to remove criminal
offenders from the streets and place them in confinement for some
period of time. That is one of the major roles of the investigators.
These individuals used a wide variety of techniques to identify, arrest,
and subsequently assist in the prosecution of offender and to bring
them (offender) to the bar of justice.
Criminal investigation in its modern form is a rather recent
development. In the past, crimes are solved not by scientific methods
of inquiry but rather through crude and discredited means such as
witchcraft, torture and other similar methods.
Early 19th Century Criminologists saw the need to develop a
scientific means of identifying criminals because the criminological
theories are useless unless we send the right persons to jail or prisons.
For instance, the classical theory of deterrence and positivist theory of
rehabilitation cannot be applied to an innocent person since no amount
of punishment or treatment can deter or treat an innocent person.
Thus, Dr. Hans Gross, Edmund Locard and August Vollmer
undertook to establish the earliest crime laboratory in the world to
advance the art and science of investigation. Interestingly, a series of
books published by Sir Arthur Conan Doyle features a fictional
character named Sherlock Holmes as a detective who used crude
scientific methods in investigating crimes long before the world has
seen its first crime laboratories. Contemporary authorities in criminal
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM
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10.
Crime Scene is venue or place where crime has been
committed.
11. Venue/the locality where a crime is committed or a cause of acti
on occurs. In law, the jurisdiction where trial will be held.
12. Corpus Delicti is a latin word for the body of crime, used to
describe the physical or material evidence that a crime has been
committed.
13. Sketch is a rough drawing or painting, often made to assist in
making more finished
14. Confession is an express acknowledgement by the accused in a
criminal prosecution of the truth of his guilt as to the offense
charge.
15. Admission is a statement of facts not directly constituting an
acknowledgement of guilt.
16. Eye-witness Testimony is the judicial or direct narration of
facts by the person or persons who really witnessed how the crime
was committed by the suspect(s).
17. Associate Evidence or Corroborative Evidence is additional
evidence of a different character to the same point (in issue).
18. Rouges Gallery is a police collection of pictures or photographs
of criminals and suspects kept for identification purposes.
19.
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who
gives
information
without
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sirtolens
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EARLY CONTRIBUTORS
Eugene Francois Vidocq
a former convict who became the head of Surete, which
was recognized at that time as Frances premier detective
agency. He is credited for his effective use of criminals
to catch criminals. Vidocqs unorthodox approach later
became a model for John Wilkes Booth who infamously
stated that it takes a thief to catch a thief.
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Alphonse Bertillon
father of Personal Identification
who framed
Anthropometry (the individualization
of a person
based on body measurements). This
supplemented the practice of descriptive words accompanying a
sketch in order to identify criminals (also known as Portrait
Parle French for word picture or talking pictures). With the advent
of photography, drawings became out of fashion. Nevertheless, the
practice of accumulating Rogues Gallery became imbedded in policing
around the world.
Jonathan Wild
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August Vollmer
He served as an Army Sergeant in the Philippines
during the Spanish-American war and became an
Army Policemen who oversaw the integration of former
Guardia Civil into the new Insular Constabulary.
His experience in the Philippine convinced him of
the need to professionalize policing and shield it
from politics.
He reluctantly accepted the position of Marshal of Berkeley California
when a posse was commissioned in order to respond to a train
derailing incident and it was then that his innovative approach to
policing began to be recognized. Followi ng the lead of European
development in Criminal Investigation, he established the first crime
laboratory in the United States in order to support his efforts to
professionalize policing (Wadman & Allison,
2004,cited in Intro. to Theory, Practice & Career
Devt. In Public & Private Invst., Gunter & Hertig,
2005).
John Edgar Hoover
director of the Federal Bureau of Investigation,
his efforts to centralize information on fugitives,
criminal activity, organized crime, fingerprints, etc.,
led to the further development of criminal investigation.
INVESTIGATION
The word investigation came from the latin word vestigare,
which means to track or to trace.
Investigation is not unique to law enforcement. As a matter of
fact, other professions routinely conduct investigation on their fields
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II.
III.
IV.
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Anatomy of Crime
For any crime to happen, there are three elements or ingredients
that must be present at the same time and place. These are the
Motive, the Instrumentality and the Opportunity.
A. Motive refers to the reason or cause why a person or group
of persons will perpetrate a crime. Examples are dispute, economic
gain, jealousy, revenge, insanity, thrill, intoxication, drug addiction and
many others.
B. Instrumentality is the means or implement used in the
commission of the crime. It could be a firearm, a bolo, a fan knife, an
ice pick, poison or obnoxious substance, a crow bar motor vehicle, etc.
Both the Motive and Instrumentality belong to and are harbored and
wielded respectively by the criminal.
C.
Opportunity consists of the acts of omission and/or
commission by a person (the victim) which enables another person or
group of persons (the criminal/s) to perpetrate the crime. Illustrative
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM
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DISTINGUISHED
FROM
POLICE
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3.
4.
6.
7.
ARREST
General Guidelines
a. All arrests should be made only on the basis of a valid Warrant of
Arrest issued by a competent authority, except in instances where the
law allows warrantless arrest.
b. No violence or unnecessary force shall be used in making an arrest,
and the person to be arrested shall not be subjected to any greater
restraint than what is necessary under the circumstances.
c. As a general rule, arrests can be made on any day of the week and at
any time of the day or night.
d. Only judges are authorized to issue Warrants of Arrest.
e. A Warrant of Arrest is no longer needed if the accused is already under
detention. An Order of Commitment is issued by the judge in lieu of the
Warrant of Arrest.
f. The following are immune from arrest:
(1) A Senator or Member of the House of the Representatives while
Congress is in session for an offense punishable by not more
than six years of imprisonment; and
(2) Diplomatic Agents, Under the Vienna Convention on Diplomatic
Relations.
Warrant of Arrest
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PERSON
UNDER
ARREST
OR
CUSTODIAL
After the arrest of the suspect, the police officer shall immediately
inform him the cause of arrest and apprise him the Miranda Rights:
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM
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You are now under arrest/custodial investigation for ______. You have
the right to remain silent and to have a competent and independent
counsel of your own choice, and if you cannot afford the services of
the lawyer, one shall be provided for free by the government. Any
statement made by you during investigation may be used for or
against you in any Court of Law of the Philippines. (These rights cannot
be waived except in writing and in the presence of a counsel) Do you
understand?
Note: It must be understood in the dialect known by the suspect.
PROCEDURES
Serving of Warrant of Arrest
1. Verify the validity of the warrant and request for an
authenticated copy from the 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 may break into any
residence, office, building, and other structure where the
person to be arrested is in or is reasonably believed to be in,
after announcing his purpose;
5. The police officer need not have a copy of the warrant in his
possession at the time of the arrest. If the person arrested so
requires, the warrant shall be shown to the arrested person as
soon as possible;
6. Secure the person to be arrested and use handcuffs for the
protection of the arresting officer, other individuals or the
arrested person himself;
7. Conduct thorough search for weapons and other illegal
materials on the person arrested and surroundings within his
immediate control;
8. Inform the person to be arrested of his rights under the law
(i.e. Miranda Warning and Anti-torture Warning);
9. No unnecessary force shall be used in making an arrest;
10. Confiscated evidence shall be properly documented with
the chain of custody of evidence duly and clearly established;
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b. Objects that are illegal per se, even if not particularly described in
the search warrant, may be seized under the plain view doctrine.
Validity of Search Warrant
a. The warrant shall be valid for ten (10) days from date of issuance
and may be served at any day within the said period. Thereafter,
it shall be void.
b.
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c. The police officer must then 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 place searched.
d. The police officer must forthwith deliver the property seized to
the judge who issued the warrant, together with an inventory
thereof, duly verified under oath.
VALID SEARCH AND SEIZURES WITHOUT SEARCH WARRANT
a. Search made incidental to a valid arrest
A person lawfully arrested may be searched for dangerous
weapons or anything which may be used or which may constitute proof
in the commission of an offense, without a search warrant. The
warrantless search and seizure as an incident to a lawful arrest may
extend beyond the person of the arrested to include the premises or
surroundings under his immediate control.
b. Search of moving vehicles
If the police officers who will conduct the search have 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, the
vehicle may be stopped and subjected to an extensive search.
c. Seizure of evidence in plain view
Any object in the plain view is subject to seizure and may be
introduced as evidence. Requirements under the Plain View Doctrine
are:
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(1) The police officer must have prior justification for an intrusion or,
otherwise, must be in a position from which he can view a particular
area;
(2) The discovery of the evidence in plain view is unintentional; or
(3) It is immediately apparent to the police officer that the item he
observes may be evidence of a crime, contraband, or is a valid subject
of seizure.
d. When 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 exists; second, that the person involved had knowledge,
either actual or constructive, of the existence of such right; that said
person had an actual intention to relinquish the right.
e. Searches Under Stop and Frisk Rule
The police officer has the right to stop a citizen on the street,
interrogate him, and pat him for weapons whenever he observes
unusual conduct which convinces him that a criminal activity exists.
f. Emergency and Exigent Circumstances
A search warrant could be validly dispensed with in cases of exigent
and emergency situation, and the police officers have reasonable
grounds to believe that a crime is being committed, and they have no
opportunity to apply for a search warrant from the courts because the
latter were closed.
g. Tipped Information
If the police officers have reasonable grounds to believe that the
subjects are engaged in illegal activities, the tipped information is
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1. Public records
2. Private records
3. Modus Operandi file
2. Interview Skillful questioning of witnesses and suspects.
3. Instrumentation Scientific examination of real evidence,
application of instrument and methods of the physical sciences in
detecting crime.
INFORMATION
A. Information Data gathered by an investigator from other
persons including the victim himself and from:
1. Public records- information gathered from records and
files of the Police, other law enforcement agencies, Company records,
Public Hospital records and others.
2. Private records- information gathered from cultivated
sources such as paid informants, bartenders, taxi drivers, and vendors
and from the internet such as facebook, and others.
3. Modus Operandi file- information gathered from a CCTV
camera, witnesses, and arrested suspect/s, and from Police and other
law enforcement files.
An effective criminal investigation requires accurate
information. Information is required about the characteristics and
peculiarities of previous cases similar to the one under current
investigation; guidance towards suspect identification, development of
leads. Of the three tools of investigation, Information is the most
important since it answers the question- WHO IS THE VICTIM? If
identified, and WHO DID IT? so as to the identity of the suspect.
For purposes of investigation, INFORMATION is anything that
tells us something, whether, corrector incorrect. This is a general term
that refers to any facts, statements or materials surrounding the
commission of a crime. If the information is of such nature and quality
that it could further advance the investigation, that information is
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called a LEAD. When there are no more leads to develop, it is said that
the investigation is facing a BLANKWALL
The following are other sources of information:
A. Persons
B. Places
C. Things
A. Persons these are individuals who may be:
1. Victims the direct recipients of the crime itself who suffered
direct or indirect loss/injury as a consequence thereof
2. Complainants persons who informs the police of a crime and
demands that something be done about it.
3. Witnesses third persons who have personal knowledge of
relevant facts surrounding a crime.
4. Informers/Informants furnishes information relative to a crime
either voluntarily or for a consideration
5. Suspects person who is accused as the author of the crime
Types of Informants
1. Volunteer informants - knowingly give information
2. Involuntary informants those who do not desire or do not what
to
3. Confidential informants - identity shall not be revealed
4. Special informants
- who without concealment supply
information
5. Anonymous informants - those refuse to divulge their identity
Types of Informers
1. Common or Ordinary Informer - openly give information but
expects something in return
2. Confidential Informer - identity shall not be divulge and expects
compensation investigator should know many people and
develop people of importance their development lies in the hand
of the investigator
Methods of Surveillance
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Scene the
place
where
the
crime
was
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INTERVIEW
1. Interview defined is the questioning of person who is
believed to possess a knowledge that is of official interest to the
investigator.
2. Importance interview in crime investigation is very important
as the person interviewed usually gives his account of an incident
under investigation or offers information concerning a person being
investigated in his own manners and words.
3. Qualification of the Interviewer He must possess insight,
intelligence, persuasiveness and should possess forcefulness of
personality. He should have the qualities of a salesman, an actor and a
psychologist.
4. Planning the Interview In planning an interview, the
investigator should as a general rule, select a place which will provide
him a psychological advantage and a conduct the questioning as soon
as possible after the occurrence.
5. Preparation of the Interview Before interviewing a witness,
the investigator should mentally review the case and consider what
information the witness can contribute. If the importance of the case
warrants, he should acquaint himself of the background of the witness.
6. Opening the Interview After showing his credentials the
interviewer should open with a few friendly remarks. When he feels
that the witness is in communicative mood, the interviewer should turn
the conversation toward the witness knowledge of the case under
investigation.
7. The Questioning
a.) After the witness has told his story without interruption,
the investigator should review with him and request him to
amplify certain points.
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What?
Where?
When?
Who?
Why?
How?
Thus, assuming that a homicide was reported and you are the
criminal investigator. On site you must establish the following facts:
1.
2.
3.
4.
5.
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III.
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Applies
to
Interrogation
Hostile and Confrontational
Purpose
is
to
obtain
confession
Miranda
Doctrine
is
required if the subject is the
accused. If subject is hostile
witness (uncooperative), no
Miranda
doctrine
is
required.
cooperative Applies to suspects and
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witnesses
hostile witnesses
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(1) In writing;
(2) Signed by such person in the presence of his counsel; or
(3) In the latters absence, upon a valid waiver, and in the presence of
any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, priest,
imam or religious minister chosen by him. Failure of the arresting
officer, or the investigator, to observe the above mentioned procedures
shall render the extrajudicial confession inadmissible as evidence in
any proceeding;
f. The arresting officer, or the investigator, as the case may be, must,
under established regulations, allow the person arrested, detained, or
under custodial investigation visits by or conferences with any member
of his immediate family, any medical doctor, priest, imam or religious
minister chosen by him or by any member of his immediate family or
by his counsel, or by any local Non-Governmental Organization (NGO)
duly accredited by the Commission on Human Rights (CHR) or by any
international NGO duly accredited by the Office of the President. His
immediate family shall include his spouse, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew or niece,
guardian or ward, and fianc or fiance; and
g. After interrogation, the person under custodial investigation shall
have the right to be informed of his right to demand physical
examination by an independent and competent doctor of his own
choice. If he cannot afford the services of a doctor of his own choice,
he shall be provided by the State with a competent and independent
doctor to conduct physical examination. If the person arrested is
female, she shall be attended to preferably by a female doctor.
The physical examination of the person under custodial investigation
shall be contained in a medical report, which shall be attached to the
custodial investigation report.
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decomposing
body)
are just a branch of Legal Medicine. Likewise,
Deoxyribonucleic Acid or DNA examinations are part of Legal Medicine,
Forensic Chemistry & Personal Identification
CSI EFFECT
CSI Effect is a recent phenomenon in relation to criminal investigation
that results to an unrealistic expectations of the public in the conduct
of criminal investigation due chiefly to the popularity of fictional TV
shows such as CSI. Far from the glamorous depiction of detectives in
televisions and the movies, effective investigators are often involved in
hard work, risking their lives and limbs, and living anonymously far
from the lime lights often depicted in the movies.
CRIME SCENE PROCESSING
If all pieces of evidence are properly collected, handled and preserved
then the conduct of forensic examination will provide the much needed
information that may lead to the identification of the suspect/s in a
criminal case.
Proper processing of evidence at the crime scene would lead to the
conviction of the perpetrator of the crime.
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Preparation
Investigative Procedure at the Crime Scene
1. Upon arrival at the crime scene
- Coordinate
- Recording/notes taking start
- Check preservation and security of the SC
- Conduct of visual survey
- Confirm status of victim and determination
evidence/ assessment
- Identification of command post and briefing
of
possible
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LEGEND:
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Witnesses: 1.
2.
Remarks:
Explosion Crater
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Motor Cycle
Tree
Shrubs
Fence
Utility
Post
North Direction
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ii.
iii.
Sketches must describe the general floor plan of the room or the layout
of the field, if outdoor. The position of items found in the crime scene
must be shown as accurately as possible. Each evidence must be
identified by letters A to Z and described in a LEGEND appearing
below the sketch. The bearings must also appear on the sketch,
indicating
where
is
North,
South,
East
or
West. The sketch must also contain measurements.
Measurements
may be made by:
ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM
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i.
ii.
iii.
iv.
Lastly, the sketch must bear the identity of itsmaker and signed by
him. Otherwise, it is considered hearsay.
Types of Crime Scene Sketch
a. Location/ Neighborhood sketch
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d. Elevation sketch
Type of Measurements
a. Triangulation Method
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4
5
e. Grid Method
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Notes taking
patterns
is
most
Team Leader
Crime Photographer
Crime Scene Sketcher
Recorder
Evidence Collector
Evidence Custodian
Medico-legal Officer
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8. Fingerprint Examiner/Technician
Methods of Crime Scene Search
1. Strip Search Method - the three (3) Searchers A, B, and C, proceed
slowly at the same pace along paths parallel to one side of the
rectangle.
2. Double Strip Search Method- the double strip or grid method of search
is a modification of the Strip Search Method. The rectangle is traversed
first parallel to the base then parallel to a side.
3. Spiral Search Method -the three searchers follow each other along the
path of a spiral, beginning on the outside and spiraling in toward the
center.
4. Zone Search Method -one searcher is assigned to each subdivision of a
quadrant, and then each quadrant is cut into another set of quadrants.
Wheel Search Method- the area is considered to be approximately
circular. The searchers gather at the center and proceed outward along
radii or spokes.
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b. Strip method
d. Spiral method
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e. Wheel method
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SOCO PROCEDURES:
1. Preparation Prior to the Conduct of SOCO
1. Ensure the availability of packaging and collection materials necessary
for typical search circumstance.
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log.
3. Ensure that a progression of overall, medium and close-up
views of the scene is established.
4. Photograph evidence in place before its collection and
packaging.
5. Photograph items, places etc., to corroborate the statement of
witnesses, victims, suspects.
6. Take photographs from eye level, when feasible, to represent
scene as would be observed by normal view.
Prior
to
lifting
latent
fingerprints,
7.
photographs
Should be taken.
diagram
supplement
photographs.
2. Number designations on sketch should be coordinated with same
number designations on evidence log.
3. The sketch should contain sufficient measurements and details
to be used as a model for drawn to scale diagram, or indicate a
disclaimer if not drawn to scale.
8. Detailed Crime Scene Search
1. Conduct search in a general manner and work to the
specifics regarding evidence items.
2. Photograph all items before collection and enter notation in
photographic log.
3.
Mark evidence locations on diagram/sketch.
Do not handle evidence excessively after
4.
recovery.
5. Seal all evidence containers at the crime scene.
9. Physical Evidence Recording and Collection
1. Tag and photograph evidence in place before collection.
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Bibliography
Books
Atty. Artemio Jay G. Torredes, rCRIM. Fundamentals of
Criminal Investigation. CCC Criminology Review, Marasbaras, Tacloban
City.
DIDM Criminal Investigation Manual Revised 2010.
Module 1, Criminal Investigation Course. Introduction to
Crminal Investigation.
Module 2, Criminal Investigation Course. First Responder,
Investigator-On-Case and SOCO.
Revised 2013 PNP Police Operational Procedures.
SOCO Manual.
Terrorist Crime Scene Investigation Course Manual. AntiTerrorism Assistance Program. US Department of State.
Internet
https://www.scribd.com/doc/79803758/Fundamentals-of-CriminalInvestigation
https://www.scribd.com/doc/170878326/Fundamentals-ofCriminal-Investigation-pdf
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