Specialized Crime Investigation 1 updated.pptx

Reviewer

1. Specialized Crime Investigation 1

2. INTRODUCTION Special Crime Investigation deals with the study of major crimes based on the application of special investigative technique. The study concentrates more on physical evidence, its collection, handling, identification and preservation in coordination with the crime laboratory. Special Crime Investigation involves a close relationship between the prober in the field and the crime laboratory technician. They work together as a team, reacting to and extending one another’s theories and findings both working patiently and thoroughly to solve a crime from their investigative discoveries. The present criminal justice system in our country, the court relies more on physical evidence rather than extra-judicial confession.

3. HOMICIDE INVESTIGATION Homicide Investigation is the official inquiry made by the police on the facts and circumstances surrounding the death of a person which is expected to be unlawful.

4. Primary Job of the Investigator To discover whether an offense has been committed under the law. To discover how it was committed Who committed it and by whom it was committed When it was committed And under certain circumstances why it was committed

5. Responsibilities of a Homicide Investigator When called upon to investigate violent death, he stands on the dead man’s shoes to produce his instincts against those suspects. The enthusiasm and intelligence the investigator brings in the case marks the difference between a murderer being convicted and set free. If he interprets a criminal death accidental or natural, a guilty person is set free. Remember that the police are the first line of defense in the effective application of criminal justice.

6. Mistakes in the Homicide Investigation The mistakes of the homicide investigator cannot be corrected. The homicide investigator should not cross the three bridges which he burns behind him. It is important that competent personnel adequately handle the case.

7. Basic Guide for the Investigator to look upon is to establish the following: Corpus delicti or facts that crime was committed Method of operation of the suspect Identity of the guilty party

8. Principles of Crime Scene Search

9. Importance of a systematic and thorough crime scene search 1.1. Locating evidence: A systematic search ensures that all areas of the crime scene are thoroughly examined, increasing the chances of finding crucial evidence. This evidence can be instrumental in identifying what happened and who was involved in the crime. 1.2. Preserving evidence: Careful and thorough investigation helps prevent potential physical evidence from being tainted, destroyed, or overlooked. By following proper protocols and patterns of searching, investigators can ensure that fragile evidence is not destroyed in the process. 1.3. Reconstructing the crime : A thorough crime scene search provides investigators with the necessary physical evidence to reconstruct the elements of the crim. This reconstruction helps in understanding the sequence of events, identifying potential motives, and building a strong case.

10. 1.4. Ensuring accuracy: The more thorough the crime scene search, the more likely it is to accurately determine the facts of the case. By meticulously examining the crime scene and collecting all relevant evidence, investigators can avoid missing crucial details that could impact the investigation and subsequent legal proceedings. 1.5. Supporting legal arguments : The quality of the evidence and the manner in which it is handled during the crime scene search can significantly impact the ability of attorneys to argue the facts of the case. A thorough search ensures that the evidence is properly collected, preserved, and documented, strengthening the prosecution's case.

11. Preservation of evidence and ensuring its integrity 2.1. Protecting the crime scene: The most important aspect of evidence collection and preservation is protecting the crime scene. This is to keep the pertinent evidence uncontaminated until it can be recorded and collected. The protection of the scene begins with the arrival of the first police officer at the scene and ends when the scene is released from police custody. 2.2. Memorializing the crime scene: Ideally, an investigator should carefully collect the most fragile evidence first, before disturbing the scene by removing larger, heavier, or less fragile evidence. Otherwise, an investigator should begin by systematically collecting the “top” layer of evidence, allowing him to then memorialize or photograph what he finds beneath.

12. 2.3. Collecting evidence: When collecting evidence, the examiner must wear gloves at all times and change them often utilizing the clean technique. Following proper collection, handling, and storage of evidence will reduce the possibility of cross-contamination or degradation of DNA. 2.4. Maintaining chain of custody: The chain of custody is an unbroken chronicle of proof relating to the possession and analysis of the evidence until its appearance in court. It is important to maintain accurate identification, labeling, packaging, securing, and maintaining of evidence following a strict chain of custody rules so that it can be analyzed appropriately and used later in legal proceedings. 2.5. Photography and sketches: Photography and sketches are the best way of protecting the crime scene. They provide a permanent record of the scene and can be used to refresh the investigator's memory and to present evidence in court.

13. Role of the first responder in securing and documenting the crime scene 3.1. Prevent Changes to the Crime Scene 3.2. Ensure Public Safety 3.3. Assist Victims 3.4. Secure the Scene 3.5. Document the Scene 3.6. Interview Witnesses

14. Collaboration between investigators, forensic experts, and other relevant personnel 4.1 Create and share a clear, holistic picture of the event: Investigators and forensic experts should work together to create a comprehensive understanding of the event being investigated. 4.2 Collect and index evidence: Forensic specialists should collect and index evidence in a way that is useful for investigators. 4.3 Cooperation between entities involved in pre-trial proceedings: Cooperation between criminal investigation officers and forensic laboratory specialists is important in pre-trial proceedings.

15. 4.4 Data sharing: Effective data sharing within the forensic science community can lead to more collaboration and enhanced research. 4.5 Guiding principles for forensic intelligence: Forensic intelligence involves a collaborative approach to case investigation and may require increased collection and more timely testing of evidence from crime scenes.

16. Adherence to legal requirements and procedures during the search A. Search Warrants: Obtaining a search warrant is an important legal requirement for conducting a crime scene search. Jurisdictions should carefully consider the procedures outlined in guides such as "Crime Scene Investigation: A Guide for Law Enforcement" and ensure that they are applicable to local agencies and circumstances. B. Scene Processing Request: Upon arrival at the crime scene, the crime scene investigator should obtain information from the detective or officer in charge of the scene, including a scene processing request or specific directions. C. Equipment: Investigators should have the necessary equipment available for use in the crime scene search.

17. D. Chain of Custody: Establishing the chain of custody is important to ensure that evidence is properly handled and documented. E. Local Laws and Regulations: While there are general principles related to crime scene investigations, local laws, rules, and regulations govern many activities of the crime scene investigation.

18. Techniques and Methods for Crime Scene Search

19. Strip or Line Search the searchers will proceed at the same pace along the path parallel to one side of the rectangle. (Dec 2021 BEQ)

20. Double Strip or Grid Method is a combination of the strip search and is useful for large crime scene. (Dec 2021 BEQ)

21. Spiral/ Concentric Search The searchers will follow each other in the path of a spiral, beginning in the outside and spiraling towards the center or vice versa in a clockwise or counter clock-wise direction. (Dec 2021 BEQ)

22. Zone/Sector Search The area to be searched is divided into four quadrants and each searcher is assigned to one quadrant. (June 2019 BEQ)

23. Wheel, Radial or Spoke Method is applicable for area which is considered to be approximately circular or oval. The area is then divided into six quadrants in a pie-like fashion.

24. Legal Requirements for Crime Scene Search Article III Section 2 of the 1987 Philippine Constitution states that right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. A search warrant is a warrant signed by a judge or magistrate authorizing a law enforcement officer to conduct a search on a certain person, a specified place, and the persons or things to be seized.

25. The following are some of the constitutional safeguards that must be followed during a crime scene search: Probable Cause Particularity Legitimacy Time and Area Scope Third-party Premises

26. Proper issuance and execution of search warrants

27. Probable Cause A search warrant can only be issued upon probable cause, which is determined personally by a judge after examination under oath or affirmation of the complainant and witnesses. This means that there must be sufficient evidence or facts to believe that a crime has been committed and that the items or persons to be searched for are connected to that crime.

28. Written Order: A search warrant is an order in writing, issued in the name of the People of the Philippine Islands, signed by a judge or a justice of the peace. It must particularly describe the place to be searched and the persons or things to be seized.

29. Time Limit: The search warrant is valid for ten (10) days from the date of issuance. After this period, the issuing judge should ascertain if the return has been made. If there was no return, the judge should summon the person to whom the warrant was issued and require an explanation for the absence of a return.

30. Execution: The search warrant must be executed by a peace officer. The officer must conduct the search in a manner that is reasonable and respects the rights of the individuals involved . The officer must also provide a copy of the warrant and a receipt for any property seized.

31. Exceptions to the warrant requirement

32. Search Incident to Lawful Arrest: A search conducted as a result of a lawful arrest does not require a warrant. The police may search the person being arrested and the immediate area within their reach.

33. Plain View Doctrine: If evidence or contraband is in plain view of law enforcement officers, they may seize it without a warrant. This applies when the officer has a lawful right to be in the location where the evidence is observed.

34. Consent: If an individual voluntarily gives consent to a search, a warrant is not required. However, the consent must be given freely and voluntarily, without coercion or duress.

35. Stop and Frisk: Police officers may conduct a limited search, known as a "stop and frisk," if they have reasonable suspicion that a person is involved in criminal activity and may be armed and dangerous. This allows them to pat down the outer clothing of the person for weapons.

36. Exigent Circumstances: In emergency situations where there is a risk of immediate danger or destruction of evidence, law enforcement officers may conduct a warrantless search. This includes situations such as hot pursuit of a suspect or when there is a threat to public safety.

37. Automobile Exception: A warrantless search of a vehicle is allowed if there is probable cause to believe that the vehicle contains evidence of a crime. This exception is based on the mobility of vehicles and the impracticability of obtaining a warrant before the vehicle can be moved.

38. Documentation and reporting of the search activities The Philippine National Police has a Standard Operating Procedure (SOP) on the Conduct of Crime Scene Investigation. This SOP applies to all crime scene investigations undertaken by the PNP and provides the procedures to be observed by the First Responders (FRs), Investigator on Case (IOC), and Forensic Group formerly known as Scene of the Crime Operatives (SOCO) . The SOP includes documentation of the crime scene through photography, sketching, note-taking, and videography. Evidence collection and handling by Forensic Group or Forensic Investigator are also included in the SOP. The evaluation of evidence and the reporting of the crime scene search activities are also part of the SOP. The Field Manual on Investigation of Crimes of Violence and Other Crimes by the DIDM-DS-9-2 also includes documentation of the crime scene through photography, sketching, and note-taking, as well as the collection and handling of evidence by Forensic Group or Forensic Investigator. The evaluation of evidence is also included in the manual.

39. Crime Scene Search for Crimes against Persons under the Revised Penal Code Crimes against Persons (Destruction of Life)

40. Article 246 Parricide Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.

41. Article 248. Murder- Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:

42. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity. In consideration of a price, reward, or promise. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity. With evident premeditation. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

43. Article 249. Homicide. Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.

44. When conducting a crime scene search for crimes against persons under the Revised Penal Code, it is important to follow a careful and methodical approach. Here are some general guidelines for conducting a crime scene search:

45. Secure the scene: The first step is to secure the scene to prevent contamination or destruction of evidence. This involves documenting the time the scene was called in, the time investigators arrived, and the actions taken to secure the scene.

46. Establish boundaries: Once the scene is secured, investigators should establish boundaries for the crime scene. It is important to make the boundaries as large as possible to avoid missing any evidence.

47. Document the scene: Investigators should document the scene with all methods possible, including notes, photographs, and sketches. They should record all pertinent data immediately, including the names of all victims and suspects known at the time.

48. Conduct a systematic search: A crime scene search should be systematic and methodical. There are several methods that investigators can use to search a scene, including the strip method for outdoor scenes and the spiral method for large objects in large outdoor scenes.

49. Rape and sexual assault crime scenes

50. Republic Act no. 8353 An Act Expanding the Definition of the Crime of Rape, Reclassifying the same as a Crime Against Persons, amending for the Purpose Act No. 3815, as Amended, otherwise known as the Revised Penal Code, and for Other Purposes

51. Article 266-A. Rape; When and How Committed. “1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat, or intimidation. b) When the offended party is deprived of reason or otherwise unconscious. c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. 2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

52. Information on rape and sexual assault crime scenes in the Philippines can be found in the following search results: Rape is considered a public crime in the Philippines, and any person who has personal knowledge of the events may file a criminal complaint against the perpetrator. Victims of rape or any other person may initiate criminal proceedings. However, private crimes, such as acts of lasciviousness or sexual contact, can only be initiated by the victim. Non-DNA forensic evidence can be used to identify a suspect, associate a suspect with a victim, associate a suspect with a crime scene, and corroborate other evidence in sexual assault cases. Sexual violence takes many forms, including sexual assault, rape, and forced sex. The investigation and prosecution of sex crimes in both domestic and international settings are important.

53. If you have been a victim of rape or other sexual assault, it is important to report the crime to the police as soon as possible. The police and the prosecution service understand that this is an emotionally demanding process and will do their best to help you along the way. Children under the age of 15 who are victims of sexual assault will normally be video-recorded while being interviewed. Biological evidence with forensic interest may be found in several cases of assault, being particularly relevant if sexually related. Sexual assault cases can be investigated using DNA analysis of biological evidence.

54. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

55. Art. 267. Kidnapping and serious illegal detention. — Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death: If the kidnapping or detention shall have lasted more than five days. If it shall have been committed simulating public authority. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made. If the person kidnapped or detained shall be a minor, female or a public officer.

56. PHYSICAL INJURIES

57. Art. 262. Mutilation . — The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction. Art. 263. Serious physical injuries . — Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries. Art. 265. Less serious physical injuries. — Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.

58. Crime Scene Search for Crimes under Relevant Special Penal Laws Crimes Against Property

59. Art. 293. Who are guilty of robbery Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person, or using force upon anything shall be guilty of robbery.

60. Art. 295. Robbery with violence against or intimidation of persons; Penalties. — Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer: The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed. The penalty of reclusion temporal in its medium period to reclusion perpetua when the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted; Provided, however, that when the robbery accompanied with rape is committed with a use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death (As amended by PD No. 767). The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted.

61. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by sub-divisions 3 and 4 of said Article 23. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases.(As amended by R. A. 18).

62. Art. 308. Who are liable for theft. Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent.

63. When investigating robbery and theft crime scenes, law enforcement follows specific procedures to ensure a thorough investigation. Here are some key steps and considerations:

64. Approaching the scene: Officers should be alert for escaping suspects and find a suitable place to take cover.

65. Securing the scene: Once at the scene, officers should secure the area to prevent contamination or tampering of evidence. This may involve cordoning off the area and restricting access.

66. Searching the scene: A thorough search of the crime scene should be conducted with the assistance of victims and witnesses, if possible. This includes looking for any evidence left behind by the perpetrator(s).

67. Documenting the scene: Investigators should take photographs and sketches of the crime scene before anything is moved. This helps preserve the scene and provides a visual record of the evidence.

68. Collecting evidence: Investigators should recover, mark, identify, and obtain a signed receipt for each item of evidence found at the scene. This ensures proper chain of custody and preservation of evidence.

69. Interviewing victims and witnesses: Thorough interviews should be conducted with victims and witnesses to gather information about the crime and potential suspects. This can help in identifying the perpetrators.

70. Utilizing additional resources: Investigators may use informants, conduct a neighborhood canvass, consult department modus operandi records, and check records of serial numbers on bills to aid in the investigation.

71. Arson and property damage crime scenes Arson is a unique crime in that evidence at the scene can be destroyed. Fire is the number one cause of property damage and destruction. Arson is a generic term used for the setting of a deliberate, malicious fire to damage property, generally that of another person. Investigations of arson and property damage crime scenes are often compromised, and the scenes are further destroyed by the activities of the fire service, whose primary responsibilities are to save lives. When investigating a crime scene with fire involved, detecting arson takes clear consideration, prompt analysis, and efficient detection

72. Fire investigators will examine the physical indicators and then collect physical evidence from the crime scene to further support their findings. This evidence will be analyzed with a fine-tooth comb to help determine if the cause of the fire was accidental or intentional. For a fire-related incident to be considered arson, all accidental causes need to be ruled out. Natural, accidental, negligent, and deliberate fires can all cause property damage. Some indicators of arson and property damage crime scenes include:

73. A significant amount of damage Unusual burn patterns and high heat stress Signs and evidence of forced entry Missing valuable items Suspicious property owner behaving out of the ordinary Numerous points of origin

74. Recommended practices for the collection and preservation of evidence at fire/arson scenes include: Burn injuries to victims and fire patterns on clothing Trailers, ignitable liquids, or other unusual fuel distribution Incendiary/ignition/explosive devices Shoe prints and tire impressions Broken windows and doors Distribution of broken glass and debris Indications of forced entry (tools and tool marks) Containers Discarded clothing

75. Cybercrime and computer-related offenses crime scenes Cybercrime and computer-related offenses are a growing concern in the Philippines. The Philippines continues to face the challenge of effectively addressing the problem of illegal cyber activity and cybercrime victimization. Some of the financially motivated cybercrime threats include swindling, estafa , scam or other form of computer fraud, counterfeiting, and forgery. The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines that was approved on September 12, 2012, and aims to address legal issues concerning online interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data, and libel.

76. The following acts constitute the offense of cybercrime punishable under this Act: offenses against the confidentiality, integrity, and availability of computer data and systems; computer-related offenses; content-related offenses; and other offenses such as aiding or abetting in the commission of cybercrime and attempt to commit cybercrime. Law enforcement authorities, specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes, are required to submit timely and regular reports including pre-operation, post-operation, and investigation results, and such other documents as may be required to the Department of Justice (DOJ)

77. The DOJ is responsible for coordinating the preparation of appropriate and effective measures to prevent and suppress cybercrime activities as provided for in the Act, monitoring cybercrime cases being handled by participating law enforcement and prosecution agencies, and facilitating international cooperation on intelligence, investigations, training, and capacity-building related to cybercrime prevention, suppression, and prosecution through the DOJ-Office of Cybercrime