CDI I Fundamentals of Investigation and Intelligence

Unit 6. IDENTIFYING THE SUSPECTS

Introduction

To identify the suspect, there must be a witness or a person who has seen the
crime or evidences found in the crime scene lead to the identity of the suspect
or the person accused of confessed he commits the crime are the scope of this
topic.

Intended Learning Outcomes

At the end of this topic, the student will be able to:

 Know the different ways to identify the suspect and follow the rules of
court in ascertaining the confession of eyewitness of a crime

Lesson 1: Identifying the Suspect By confession of the suspect himself

Confession

A confession is a direct acknowledgement of the truth of the guilty fact as

charged or of some essential part of the commission of the criminal itself. To be
admissible, the confession of the accused must be voluntary. Confession by
duress, coercion, extreme psychological restraint is not admissible in the court of
justice.

Admission

An admission is a self-incriminatory statement by the subject falling short of

an knowledge of guilt. It is an acknowledgement of a fact or circumstance from
which guilt maybe inferred. It implicates but does not incriminate. Coupled with
circumstances such as the existence of a motive, the admission may provide an
inference of guilt.

Classification of admission

Admission by third party. — The rights of a party cannot be prejudiced by an

act, declaration, or omission of another, except as hereinafter provided.

Admission by co-partner or agent. — The act or declaration of a partner or

agent of the party within the scope of his authority and during the existence of
the partnership or agency, may be given in evidence against such party after
the partnership or agency is shown by evidence other than such act or
declaration. The same rule applies to the act or declaration of a joint owner,
joint debtor, or other person jointly interested with the party.

Admission by conspirator. — The act or declaration of a conspirator relating to

the conspiracy and during its existence, may be given in evidence against the
co-conspirator after the conspiracy is shown by evidence other than such act of
declaration.

Admission by privies. — Where one derives title to property from another, the
act, declaration, or omission of the latter, while holding the title, in relation to the
property, is evidence against the former.

Admission by silence. — An act or declaration made in the presence and within

the hearing or observation of a party who does or says nothing when the act or
declaration is such as naturally to call for action or comment if not true, and
when proper and possible for him to do so, may be given in evidence against
him.

Pertinent provisions of the Revised Rules of Court

General Provisions

These Rules shall govern the procedure to be observed in actions, civil or

criminal and special proceedings.

(a) A civil action is one by which a party sues another for the enforcement
or protection of a right, or the prevention or redress of a wrong, (1a, R2)

A civil action may either be ordinary or special. Both are governed by the
rules for ordinary civil actions, subject to the specific rules prescribed for a
special civil action. (n)

(b) A criminal action is one by which the State prosecutes a person for an
act or omission punishable by law. (n)

(c) A special proceeding is a remedy by which a party seeks to establish a

status, a right, or a particular fact. (2a, R2)

Rules to be Observed in Taking Confession or Admission

Confession or admission must be:

 1. taken preferably in writing and under oath
2. It must be written in the language known and understood by the
accused, if not it must be clearly translated
3. It must be freely and voluntary given by the accused

Identifying the Suspect By Testimonies of Eyewitnesses

Types of suspects Identified by witness

Two (2) kinds of suspects identified by witnesses?

a. Known fugitive – 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 descriptions of others.
b. Unknown criminals – Identification of unknown criminals by
eyewitnesses must be approached with caution by investigator. The
description and characteristics may be vague that identification is
difficult.

Methods of Identification by witness

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 maybe 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 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 Assistance – Identification maybe made by the employment of
an artist to depict a composite of the feature described by the witness.
The witness is shown a chart which contains representation of various
types of human features as noses, eyes, ears, etc., and is requested to
select the individual features represent in the unknown criminal. From
this selection, the artist draws a composite of the face which maybe a
close approximation to that of the criminals.

Factors that affect the accuracy of identification by eyewitnesses

Identifying the Suspect By circumstantial evidence
1. Espineli v people
"for circumstantial evidence to be sufficient to support a
conviction, all circumstances must be consistent with each other,
consistent with the hypothesis that the accused is guilty, and at the
same time inconsistent with the hypothesis that he is innocent thus,
conviction based on circumstantial evidence can be upheld
provided that the circumstances proven constitute an unbroken
chain which leads to one fair and reasonable conclusion that points
to the accused, to the exclusion of all others, as the guilty person.‖

2. Sources of Circumstantial Evidence

2.1Testimony generally confined to personal knowledge; hearsay

excluded. – A witness can testify only to those facts which he knows of
his personal knowledge; that is, which are derived from his own
perception, except as otherwise provided in these rules
2.2 the identification and recognition through photograph by Rodolfo
of the 1971 Ford Escort red colored car as the same car he had sold
to Sotero in September 1996 clearly and convincingly prove that it
was the very same red car used in the killing of Alberto on December
15, 1996.

2.3 Third, Alberto was shot and killed on December 15, 1996 and the
gunmen immediately fled the scene riding a red car which was
identified as the same car previously sold by Rodolfo to Sotero.

2.4 Fourth, though the testimony of Dr. Lagat was limited to the post-
mortem examination of the cadaver of Alberto, his findings that the
victim suffered multiple gunshot wounds and that the same were
caused by high-powered guns, served as corroborative evidence and
contributed in a significant way in establishing the level of proof that
the law requires in convicting petitioner.

2.5 Lastly, petitioner’s escape from detention on August 26, 1998 while
the case was pending can also be considered as another
circumstance since it is a strong indication of his guilt.

Identifying the Suspect By Associative Evidence

Associative Evidences are physical evidences which may identify the

criminal by means of clues, personal properties, or the characteristics patterns of
procedure deduced from arrangements of objects at the crime scene. The
offender may leave some clues at the scene, such as weapons, tools, garments,
finger prints, foot impressions etc. Crime of violence may leave evidence of
physical struggle.

Evidences necessary to prove guilt:

a. The fact of existence of the crime must be establish;

b. The defendant must be identified and associated with the crime
scene;
c. Competent and credible witnesses must be available;
d. Physical evidence must be identified appropriately and the chain of its
custody establish and its connection with the case is shown; and
e. The whole must be presented in an orderly and logical fashion.

Identifying the Suspect By means of Modus Operandi

Modus operandi means the method of operation. The modus operandi

file enables the investigator to recognize the pattern of a criminal behavior, to
associate a group of crimes with a single perpetrator to enable them to predict,
approximately, the next target of the criminal, and to assist complaints,
eyewitnesses and investigators to recognize the perpetrator by means of the
recorded information concerning the characteristic of his criminal activities.

The modus operandi records are classified and filed in such a way to assist
the identifying the crime as one committed by a known criminal or as one of a
series committed by an unidentified criminal.

Modus operandi record devised by Major General Sir Llewely Atcherly, is a

method which has been accepted and adopted by several police
departments. It consists of:

a. Property - The nature of stolen property provides an excellent

clue in crimes which involves robbery or theft.
b. Description – If the criminal was observed, verbal description is
usually the most important clue to the identity of the perpetrator.
c. Observation at the Scene – The data of the scene are important
since they may result in a useful pattern. Thus, the objects and
substances, seen tasted, of felt will contribute to the complete
picture.
d. Motive – In addition to the acquisition of property, there are
many other criminal motives. Thus, in murder, rape and assault, in
 general pattern of behavior may discern in the course on a
series crime. This observation is particularly true with regard to the
crimes accomplished by the psychopaths.
e. Time – The time at which crime was committed is an important
element in the pattern. Naturally, since the exact moment of
occurrence cannot be readily establish the time of occurrence
between determinable limits.
f. Peculiarities – From evidence, weakness of character will
ordinarily reveal themselves in the uninhited surroundings of the
crime. Peculiarities such as partaking of the victim’s liquor,
psychopathic defecation, ant theft of inconsequential items
such as ties or cuff links are particularly significant.
g. Observed Peculiarities – An observer of both offenses may be
able to supply valuable clue in the form of personal
idiosyncrasies. Speech is one of the most clues. Enunciation,
dialect, and diction can be closely described.

Lesson 2 LOCATING THE SUSPECT

Introduction

Criminal investigation also deals with locating the suspect. The question is, ―how
will investigator locate the suspect‖?. In this topic, the use of informant is a
methd used in locating the suspect, but reliablility is involved in the processing
of the information given by the informant. In this topic you will learn how is the
process.

Intended Learning Outcomes

At the end of this topic, the student will be able to:
 Familiarize the ways on how to assessed the information given by the
informant in locating the suspect.

Lesson 1: Locating the Suspect through the use of informant

Who is an informant?

Informant- a person who gives information to the police voluntary or involuntary

without any compensation.

Informer- is an individual who gives information for a price or reward. (He may
be in the payroll of the law enforcement agency.)
Informant Net- a controlled group of person who worked through the direction
of the agent handler. The informant principal or cut-outs supply the agent
handler directly or indirectly of intelligence information.

Purpose of informant

To collect information from a wide range of people including community

leaders, professionals, or residents who have first-hand knowledge about the
community.

Types of informants

1. Criminal informants 4. Special informant

2. Confidential informant 5. Anonymous informant
3. Voluntary informant

Motives of informants

1. Reward 6. Vanity
2. Revenge 7. Civic-mindedness
3. Patriotism 8. Repentance
4. Fear and avoidance of punishment 9. Competition
5. Friendship/ Career Development

Four phases/steps of informant processing

1. SELECTION- it is particularly desired to identify and recruit an informant who

has access to many criminal in-groups or subversive organizations. Access is
probability the single most important feature in the consideration of
recruiting the potential informants.
2. INVESTIGATION- the investigation of the potential informants who is
tentatively identified as ―probable‖must be as thorough as possible. It must
establish possible existing motives as to why this person might assist the
police intelligence community. If necessary, conduct complete
background investigation (CBI).
3. APPROACH- this must be done in setting with pleasant surroundings like a
confidential apartment which is completely free from any probability of
compromise. The place is preferably in adjacent city or remote area
foreign to the informants living pattern. In here, it Is also includes
explanation of contract.
 4. TESTING- it should begin with limited assignment, with gradual integration
into more important areas. The occasional testing of an informant should
continue through the entire affiliation.

FACTORS TO CONSIDER IN INFORMANT RECRUITMENT

1. Sex 4. Age
2. Health 5. Education
3. Ability 6. Personality

How to communicate with informants

Keep your sentences brief and simple and make it easy to follow your text
and to respond. Do not overdo this though; treat your informants like adults, do
not talk down to them. Different generations use different vocabulary and body
language.

GENERAL TREATMENT OF INFORMANTS

1. Avoid the use of derogatory terms in referring of informants into any
type.
2. Avoid disclosing the identity of the informants, which will in most cases
ruin his potential.
3. Protect the interest of the informants; remember an investigator is usually
just a good as his sources of information.
4. Consider all information from known or unknown informants as valuable
until proven otherwise.
5. Be non-committal (unrevealing) on the value of the information
received.
6. Express appreciation to all information received regardless of its value.
7. Keep on time even through information appointment may not.
8. Don’t get over anxious; be patient; take your time.
9. Keep control over the investigation.
10. Keep what you know to yourself, don’t become an informant’s
informant.

DISMISSAL OF INFORMANTS- considers the following:

1. The handler should avoid antagonizing the informant.
2. Explain properly and humanely the reasons of dismissal.
3. If file of the informant exist, dismissal must be in writing for future
reference.

Some Reasons of Dismissal

1. Ineptitude
2. Security risk
3. Criminal record or act
4. Submitting false information, etc.