Cdi Notes
Cdi Notes
RA No. 7438. An act defining certain Mastery of the Oral and Written
rights of person arrested, detained or Communication
under custodial investigation as well as The Keen Power of Observation and
the duties of the arresting, detaining, Description
and investigation officers and providing
penalties for violation thereof. Courage is the moral fortitude to tell the
truth no matter who will be hurt.
Working Knowledge of laws
THE CRIMINAL INVESTIGATOR
The power to “read between the
Criminal investigator is the superstar in lines.” This is the ability of the
the process of investigation. He must investigator to interpret the words or
be capable of observation and a rational phrases encountered in the process of
thinker. Many times, a police investigation.
investigator is being tested with his
discretion. Working knowledge of martial arts
and firearms proficiency
ROLES of Investigator
DESIRABLE Traits of the Investigator
Determine whether a crime has been
committed 1. Superior Reasoning Ability is the
ability to analyze logically a multitude of
Identify the victim/s and the offender facts and determine how they interrelate
Locate and apprehend the accused is basic to the investigative process.
Present evidence of guilt for the Elements from the foundation of the
suspect/s critical thinking process:
Provocation - Selection
- Investigation
- Action taken in order to incite reaction - Approach
from a known adversary or to observe - Testing
adversary.
Factors to consider in Informant
Purposes Recruitment
- Reveal the true status of an assumed - Sex
adversary. - Health
Make a known adversary take seldom - Ability
demanding action. - Age
- Education
Provocateur - Personality
- An individual from the enemy forces Dismissal of Informants
who is deliberately introduced in our
custody with a specific mission of - The handler should avoid antagonizing
causing some unfavorable action or the informant.
reaction on our part. - Explain properly and humanely the
8. INFORMANT AND INFORMER reasons of dismissal.
A. Informant - any person who gives - If file of the informant exists, dismissal
information to the police authorities must be in writing for future references.
relative to a crime. B. The Informer is a person who
The Types of Informants provides information to the police on a
regular basis. They are either paid
- Anonymous Informant regularly or in a case-to-case basis, or
- Rival-Elimination Informant none at all.
- False Informant
- Frightened Informant INTERVIEW
- Self-Aggrandizing Informant Interview is the simple questioning of a
- Confidential Informant person who cooperates with the
- Mercenary Informant investigator.
- Double-Crosser Informant
- Women Informant Cognitive Interview conducts of
interview upon willing and cooperative
witnesses, to narrate their accounts The interview should be concluded
without interruption. when the witness has nothing pertinent
to offer.
Question and Answer interview style
whereby after each question by the Reasons Why Witnesses Refuse to
investigator, the interviewee is required Talk or Testify
to answer.
- Fear of Reprisal
The Golden Rule in Interview - Great Inconvenience
- Hatred Against the Police
“Never conduct or let anyone conduct - Bias of the Witness
an interview if the interviewer has not - Avoidance of Publicity
gone to the crime scene.” - Family Restriction
Qualities of a Good Interviewer
- Rapport
- Forceful Personality
- Knowledge of Human Behavior
- Conversational Tone of Voice
- -Acting Qualities Stages of Handling the Interview
- Humility Preparation – investigator should
Interview Format (IRONIC) review the facts in order that he would
be ready for the questioning.
1. Identity
Approach – investigator must carefully
- The investigator should identify select his kind of approach.
himself to the witness by name, rank
and agency. Warming Up –clear the atmosphere,
promote a conducive ground for
2. Rapport cordiality, respect and trust for each
other.
3. Opening Statement
Cognitive Interview
4. Narration
Rules in Questioning a Person
- Allowing the witness to present in a Involved in a Crime
narrative form without injecting
questions. - Ask Question at a Time
- Avoid Implied Answers
5. Inquiry - Questions should be clearly
- After the witness has told the story, stated
the investigator can make clarifying - Saving Faces
inquiries. - Yes and No Answers are not
Allowed
6. Conclusion
Types of Witnesses According To
Their Attitude
- Know-nothing Type
- Disinterested Type Witness refers to any person who has
- The Drunken Type directs knowledge of facts concerning
- Talkative Type an event or activity.
- Honest Witnesses
- Timid Witnesses Forms of Interrogation
- Witnesses who refuse to answer Direct – the subject is aware but he
INTERROGATION may not learn the true objectives of the
interrogation
Definition of Terms
Indirect – the subject is aware.
Interrogation is the vigorous and
confrontational questioning of a Types of Interrogation
reluctant suspect about his participation Screening. This is usually applied
in a crime. immediately after capture to obtain
Custodial Interrogation or background information about the
Investigation is the investigation interrogee (subject).
conducted by the investigator on the Formal interrogation (detailed). This is
suspect who is under police custody. the systematic attempt to exploit to an
Debriefing is the interrogation of a appropriate depth those areas of the
friendly interrogee who has information interrogee’s knowledge.
at the direction of or under the control Debriefing. It is generally used when
of friendly unintelligence service. the area of knowledge ability of the
Interrogation Report is an oral or interrogation is known.
written statement of information by the Interview. Similar to debriefing
questioning of an interrogee. although it is less formal.
Interrogator is a person who does the Interrogation of lay personnel (special
questioning. type). In this type, the techniques are
Interrogee refers to any person similar to interrogation but special effort
subjected to the interrogation process. must be made.
4. If any doubt exists as to the value 12. It may be advisable to make a
of an item, treat it as evidence until search beyond the area considered to
proven otherwise. be the immediate scene of the incident
or crime. For example, evidence may
5. Ensure that the item or area where indicate that a weapon or tool used in
latent fingerprints may be present is the crime was discarded or hidden by
closely examined and that action is the offender somewhere within a
taken to develop the prints. square-mile area near the scene.
6. Carefully protect any impression of 13. After completing the search of the
evidentiary value in surfaces conducive scene, the investigator examines the
to making casts or molds. If possible, object or person actually attacked by
the offender. For example, a ripped
safe, a desk drawer that has been pried items can be identified by the collector
open or a room from which items has at any time in the future. This
been stolen, would be processed after precaution will help immeasurably to
the remainder of the scene has been establish the credibility of the collector’s
examined for traces of the offender. report or testimony and will effectively
avoid any suggestions that the item has
14. In a homicide case, the position of been misidentified. Markings on the
the victim should be outlined with a specimen must at least contain the
chalk or nay other suitable material following:
before the body is removed from the
scene. If the victim has been · Exhibit case number
pronounced dead by a doctor or is
obviously dead, it is usually advisable to · Initials and signature of the
examine the body, the clothing and the collecting officer
area under the body after the remainder · Time and date of collection
of the scene has been searched. This is
to enable the policeman or investigator
to evaluate all objects of special interest Note: It is also important to note the
in the light of all other evidence found at place or location where the evidence
the scene. was collected.
D. Collection of Evidence F. Evaluation of Evidence
This is accomplished after the search is Each item of evidence must be
completed, the rough sketch finished, evaluated in relation to all evidence,
and photographs taken. Fragile individually and collectively. If
evidence should be collected as they necessary, these pieces of evidence
are found. All firearms found to have must be subjected to crime laboratory
tampered serial numbers shall be examination (i.e. firearms for ballistic
automatically subjected to macro examination, hair strands etc.).
etching at the PNP Crime Laboratory. A
corresponding request to the Firearms G. Preservation of Evidence
and Explosive Office (FEO) must be
It is the investigator’s responsibility to
made for verification purposes. The
ensure that every precaution is
investigator places his initials, the date
exercised to preserve physical evidence
and time of discovery on each item of
in the state in which it was
evidence for proper identification. Items
recovered/obtained until it is released to
that could not be marked should be
the evidence custodian.
placed in a suitable container and
sealed. H. Releasing of Evidence
E. Markings of Evidence All collected evidence can only be
released upon order of the court or
Any physical evidence obtained must
prosecutor, as the case maybe.
be marked or tagged before its
submission to the evidence custodian. I. Chain of custody
These are information to ensure that the
A list of all persons who came into 2. The quantity of specimen should be
possession of an item of evidence, adequate. Even with the best
continuity of possession, or the chain of equipment available, good results
custody, must be established whenever cannot be obtained from insufficient
evidence is presented in court as an specimens.
exhibit. Adherence to standard
procedures in recording the location of 3. Submit a known or standard
evidence, marking it for identification, specimen for comparison purposes.
and properly completing evidence 4. Keep each specimen separate from
submission forms for laboratory others so there will be no intermingling
analysis is critical to chain of custody. or mixing of known or unknown
Every person who handled or examined material. Wrap and seal in individual
the evidence and where it is at all times packages when necessary.
must be accounted for. As a rule, all
seized evidence must be in the custody 5. Mark or label each of evidence for
of the evidence custodian and positive identification as the evidence
deposited in the evidence room or taken from a particular location in
designated place for safekeeping. connection with the crime under
investigation.
6. The chain of custody of evidence
J. Transmittal of evidence to crime must be maintained. Account for
laboratory evidence from the time it is collected
Proper handling of physical evidence is until it is produced in court. Any break
necessary to obtain the maximum in this chain of custody may make the
possible information upon which material inadmissible as evidence in
scientific examination shall be based, court.
and to prevent exclusion as evidence in
court. Specimens which truly represent
the material found at the scene,
unaltered, unspoiled or otherwise
unchanged in handling will provide
more and better information upon
examination. Legal requirements make
it necessary to account for all physical
pieces of evidence from the time it is
collected until it is presented in court.
With these in mind, the following
principles should be observed in
handling all types of evidence:
1. The evidence should reach the
laboratory in same condition as when it
was found, as much as possible.