Professional Documents
Culture Documents
start a fire and how to make use of it. Yet, today, man has had fire as:
Introduction: source of warmth and light
The development of methods and tools for using and protection against enemies
controlling fire was critical in human evolution and is believed to have cause chemical changes to foodstuffs to suit man’s body
allowed early humans to spread northward from the warm climate of structure
either origin into the more severe environment of Europe and Asia. provides processes for modifying chemicals into
The evidence of early fire use is often ambiguous because of the medicines
difficulty in determining whether the archeological evidence is the provides heat to convert wood, metals, and bones into
result of accidental fire or its deliberate use. Such evidence include domestic tools or instruments for aggression
finds of occupation sites with fired or baked soils, bones or stones While the application of fire has served man’s needs its careless and
that have been changed through the application of heat, and areas wanton use exact an enormous and dreadful toll from society in life
containing thick layers of ash and charcoal that might have hearth and property. Hence, man’s understanding of fire would enable him
structures. to develop the technology of prevention and control to a considerable
The earliest finds, in Kenya and Ethiopia, date from about advance state (Abis).
1.5 million years ago. Less equivocal evidence exists for deliberate
fire use in the Paleolithic period, beginning about 500,000 years ago. WHAT IS FIRE?
Neolithic sites have yielded objects that may have been used in fire, Fire is the manifestation of rapid chemical reaction occurring
making drill for producing friction, heat in wood and flints for striking between fuel and an oxidizer- typically the oxygen in the air. Such
sparks from iron pyrites. rapid chemical reaction releases energy in the form of heat and light.
In legend and religion, fire is common thing. For example, in Fire is heat and light resulting from the rapid combination of
Persian literature fire was discovered during a fight of a hero with a oxygen, or in some cases gaseous chlorine, with other materials.
dragon. A stone that the hero used as a weapon missed the monster The light is in the form of a flame, which is composed of glowing
and struck a rock. Light shone forth and human beings saw fire for particles of the burning material and certain gaseous products that
the first time. In Greek mythology, Prometheus was bestowed with are luminous at the temperature of the burning material.
god like powers when he stole the god’s fire to give it to humanity.
Fire has also played a central role in religion. It has been used as a THE START OF FIRE
god and recognized as a symbol of home and family in many All matters exist of one of the three states – solid, liquid and
cultures. Fire has also been a symbol of purification and of gas (vapor). The atoms or molecules of a solid are packed closely
immortality and renewal, hence the lighting of flames of together, and that of a liquid is packed loosely, the molecules of a
remembrance. The Temple of Vesta in Rome was an outstanding vapor are not packed together at all, they are free to move about. In
example of the importance of fire to the Romans. Vesta was order for a substance to oxidize, its molecules must be pretty well
originally the goddess of the fire and her shrine was in every home. surrounded by oxygen molecules. The molecules of solids or liquids
We can only guess that pre-historic people may have gained are too tightly packed to be surrounded. Thus, only vapors can burn.
knowledge of fire from observing things in nature. So the origin of fire However, when a solid or a liquid is heated, its molecules
before the dawn of civilization may be traced to an erupting volcano, move about rapidly. If enough heat is applied, some molecules break
or a forest fire, started by lighting. No one really knows where on the away from the surface to form a vapor just above the substance.
This vapor can now mixed with oxygen. If there is enough heat to results from the initial application of heat. The process is known as
raise the vapor to its ignition temperature (temperature needed to PYROLYSIS.
burn), and if there is enough oxygen present, the vapor will oxidize
rapidly – it will start to burn. Pyrolysis (also known as thermal decomposition) is defined
The start of burning is the start of a Chain Reaction (the as the “chemical decomposition of matter through the action of heat”.
burning process). Vapor from heated fuel rises, mixes with air and In this case, the decomposition causes a change from a solid state to
burns. It produces enough heat to release more vapor and to draw in vapor state. If the vapor mixes sufficiently with air and heated to high
air to burn that vapor. As more vapor burns, flame production temperature, combustion results.
increases. More heat is produced, more vapor released, more air The combustion process is better represented by the fire
drawn into the flames and more vapor burns, the chain reaction tetrahedron.
keeps increasing – the size of the fire increases until fuel is
consumed.
The Fire Tetrahedron
CHEMISTRY OF FIRE
Obviously, three things are required for combustion or fire:
FUEL (Combustible materials to vaporize and burn), OXYGEN Oxygen Heat
(Oxygen in air is the common oxidizing agent, to combine with fuel
vapor, air contains 28% O, 78 N, 1% inert gas), and HEAT (to raise
the temperature of the fuel vapor to its ignition temperature). The
combinations of these three elements form the so-called Fire
Triangle.
The Fire Triangle
What are basic lines of inquiry in Arson Investigation? Persons with Motives
The arson investigator must have to inquire on the following a. Those with desire to defraud the Insurer
a) point of origin of fire b) motives of arsonist c) prime suspects d) b. Employees or such other person who have a
the telltale signs of arson. grievance (Fire revenge)
c. Those with desire to conceal evidence of a
1. Point of origin of fire crime
Initially, the important point to be established is the point of origin d. Those who set fire for purposes of intimidation
of fire. In other words, at what particular place in the building the fire
started? This may be established by an examination of the witness, People without motives
by an inspection of the debris at the fire scene and by studying the a. Those who are mentally ill
fingerprint of fire. The fingerprint of fire occurs during the free burning b. Pathological fire-setters
stage of the fire when pyrolytic decomposition moves upward on the c. Pyros and the Psychos
walls leaving a bunt pattern.
Motives of Arsonist
Witnesses must be questioned as to: 1. Economic Gain
1. His identity a. Insurance fraud – benefiting
2. What attracted his attention b. Desire to dispose merchandise – lost of
3. Time of observation market value being out of season, lack of raw
4. His position in relation to the fire at the time of materials, over supply of merchandise can be a big
observation reason for arson.
5. Exact location of the blaze c. Existing business transaction that the
6. Size and intensity arsonist would like to avoid such as impending
7. Rapidity of spread liquidation, settlement of estate, need for cash,
8. Color of flame and odor if he is in a position this prospective business failure, and increase
9. Any other person in the vicinity beside the witness rentals
d. Profit by the Perpetrator other than the
Note fire setting mechanism Assured like insurance agents wishing business with
1. matches the assured, business competitors planning to drive
2. candles others, person seeking job as personnel protection,
salvagers and contractors wishing to contact another 2. Background study of policyholders, occupants of
building premises, owner of building or other person having
2. Concealment of Crime - When the purpose of hiding a major interest in the fire.
crime or committing a crime, arson was used as means. 3. Interviews and interrogations of persons who discovered
3. Punitive Measure - Committing arson to inflict injury to the fire, and the one who turned the first alarm, firemen,
another due to hatred, jealousy and revenge. and eyewitnesses.
4. Intimidation or Economic Disabling - Arsonist as 4. Surveillance
saboteurs, strikers and racketeers to intimidate
management or employer. 4. The Tell Tale Signs of Arson
5. Pyromania These signs maybe obvious that the first fireman at the
A pyromaniac having the uncontrollable impulse to scene will suspects arson or they maybe so well concealed that
burn anything without any motivation. They do not run away moths of patient investigation to show that it is set off will be
from the fire scene since they love watching fire burning. required.
Types of Pyromania 1. Burned Building – the type of the building may indicate a
a. Abnormal Youth – epileptics, imbeciles and set fire under certain circumstance. A fire of considerable
morons size at the time the first apparatus arrive at the scene is
b. Hero Type – a person set a building on fire and suspicious if it is a modern concrete or semi-concrete
pretends to discover it, turn on the alarm or make building.
some rescue works to appear as “hero” 2. Separate fires – when two or more separate fire breaks
c. Drug addicts and alcoholics out within a building. The fire is certainly suspicious.
d. Sexual deviates and perverts. 3. Color of Smoke – some fire burn with little or no smoke
but they are exception. The observation of the smoke
3. Prime Suspects (and the Prima Facie Evidences) must be made at the start of the fire since once the fire
The development of prime suspects - this involves has assumed a major proportion, the value of the smoke
identification results from the full development of leads, clues and is lost, because the smoke will not indicate the material
traces, the testimony particularly eyewitnesses and the development used by the arsonist
of expert testimony, The following technique may serve the a.) When white smoke appears before the water
investigation: from the fire hose comes in contact with the fire,
it indicates humid material burning. Example –
1. Search of the fire scene for physical evidence: burning hay, vegetable materials, phosphorus
a. Protection of the scene (with garlic odor).
b. Mechanics of search b.) Biting smoke, irritating the nose and throat and
c. Collection and preservation of causing lacrymation and coughing indicates
evidences presence of chlorine.
d. Laboratory aids
c.) Black smoke indicates lack of air if accompanied after an examination of the material burned the building
by large flames it indicates petroleum products and the normal ventilation offered of the fire. The time
and rubber. element and the degree of headway by the flames
d.) Reddish-brown smoke indicates nitrocellulose, become important factors to determine factors to
S1, H2, S04, HN03, or HCI. determine possible incendiarism.
e.) Meaning of color of Smoke and Fire: 12. Direction of Travel – While it is admitted that no two fires
Black smoke with deep red flame – burn in identical fashion, yet it can be shown that fire
petroleum products, tar, rubber, plastics, etc. makes normal progress through various types of building
Heavy brown with bright red flame – materials, combustibility of contents, channel of
nitrogen products ventilation and circumstances surrounding the sending
White smoke with bright flame – magnesium of alarm, an experienced investigator can determine
products whether a fire spread abnormally fast.
Black smoke with red and blue green flame 13. Intensity – The degree of heat given off by a fire and the
– asphalt color of its flame oftentimes indicate that some
Purple-violet flame – potassium products accelerant has been added to the material normally
Greenish-yellow flame – Chloride or present in a building and the investigator must look for
Manganese products further evidence pointing to use of such accelerant.
Difficulty in extinguishing the fire is often a lead to
Bright reddish yellow flame – Calcium
suspect presence of such fluid as gasoline and
products
kerosene.
14. Odor – The odor of gasoline, alcohol, kerosene and
8. Color of flame – The color of the flame is a good
other inflammable liquids which are often used as
indication of the intensity of the fire, an important factor
accelerant is characteristics and oftentimes arsonist are
in determining incendiarism.
trapped because of this telltale sign. Most of fire –
9. Amount of Heat – A reddish glow indicates heat of 5000
setters are inclined to use substance which will make the
degrees centigrade, a real bright read about 100
blaze certain and at the same time burn up any evidence
degrees centigrade. Red flames indicate of petroleum.
of their crime.
Blue flame indicates use of alcohol as accelerant.
15. Condition of Content – Persons tending to set their
10. Smoke Marks – An experience investigation will
house on fire frequently remove objects of value either
determine the volume of smoke involved at a fire and the
materially or sentimentally. Store and other business
character as residue deposited on walls or elsewhere.
establishments oftentimes remove a major portion of
Smoke in marks have often been of assistance in
their content or replace valuable merchandise without of
determining the possibility of a fire having more than one
style articles.
place of origin.
11. Size of Fire – This is important when correlated with the
type of alarm, the time received and the time of arrival of FUNDAMENTALS OF CRIMINAL INVESTIGATION
the first fire apparatus. Fires make what might be termed
a normal progress. Such progress can be estimated
BASIC CONCEPTS 4. To assist the state in prosecuting the party charged with the
offense.
Criminal Investigation- is an art that deals with the identity and Job of the Criminal Investigator
location of the offender and prove his guilt in a criminal proceeding.
1. Discover whether or not an offense has been committed under
Criminal Investigation- it is the systematic method of inquiry that is the law.
more a science than an art. The logic of scientific method must 2. After determining what specific offense has been committed, he
however, be supplemented by the investigator's initiative and must discover how, when, where, why, what offense was
resourcefulness. The sequences of the investigation should be committed.
regarded by scientific, operating framework that requires improvising Methods of Identifications of Criminals
on the part of the investigator.
Criminal Investigation is an Art – based on intuition, felicity of Criminal are identified thru the following:
inspiration or by chance; and a Science – based on adequate
professional preparation and abundance of certain qualities 1. Confession and Admission
2. Statement of witnesses
Investigator- is the person who is charged with the duty of carrying 3. Circumstantial Evidence
out the objectives of criminal investigation. He is an individual who 4. Associative Evidence
gathers documents and evaluates facts about crime
A. Confession- this is an expressed acknowledgement by the
Special Crime Investigation- deals with the study of major crimes accused in criminal cases of the truth of his guilt as to the crime
based on the application of special investigative techniques. It is also charged or of some of the essential part there of. There is no implied
the study concentrates more on physical evidence; it’s collection, confession for it is positive and direct acknowledgement of guilt. It is
handling, identification and preservation in coordination with the the best means of identifying criminal.
various criminalists in the crime laboratory. Special crime investigation
involves close relationship between the investigator in the field and Rules in Confession
the investigator in the laboratory- the Criminalist. a. Confession need not to be in writing
b. Confession may be written in a language which the accused does
Duty of Criminal Investigator not speak
1. Establish that, in fact, a crime was committed under the law. c. Confession must be freely and voluntarily made
2. Identify and apprehend the suspect.
3. To recover stolen property.
Voluntarily – means that the accused speak of his free will and 3. General photograph- files of photograph in any given
accord, without inducement of any kind and with the full and complete establishment.
knowledge of the nature and consequences of the confession. 4. Artist Assistance or composite sketches- drawing or sketching the
description of a person’s face by the cartographer
Freely- when the speaking is so free from the influence affecting the 5. Police line-up- selecting the suspect from a group of innocent
will of the accused at the same time the confession was made. persons to eliminate the power of suggestions as factor of
identification
Requirement for confession as proof of guilt
1. Other corroborative evidence must support it. Cartography- the art of sketching the image of a person or the art of
2. Corpus delicti- must be established separately (the actual making map
commission of the crime charged. It refers to a particular crime
and signifies that specific offense had been actually committed by Bases of the eyewitness in the identification of criminal
someone being composed of two elements: that certain results
were produced, that someone is criminally responsible 1. Face-forehead, eyebrow, mustache, eyes, ears, cheeks, mouth,
3. Confession must be made voluntarily. lips, teeth, chin, jaw, etc.
2. Neck- shape, length, Adam’s apple
B. By EYE-WITNESS TESTIMONY- description made by 3. Shoulder- width and shape
eyewitness 4. Waist- size, shape of the abdomen
Value of identification by eyewitness testimony depends on the 5. Hands- length, size, hair, condition of the palms
following: (credibility-bringing honor) 6. Fingers- length, thickness, stains, shape of nails and condition
1. the ability of the eyewitness testimony to observe and remember 7. Any deformities (cross eyed, limping and etc.)
the relative “distinctiveness” of the accused appearance 8. Teeth-
2. The prevailing conditions, visibility and observation 9. Gait
3. The lapse of time between the criminal event and identification
Bases of Physical Description of Physical Appearance
Methods of Identification made by eyewitness 1. Mug Shot
1. Verbal Description- portrait parley vividly describing in words the 2. Artist Drawing
appearance of a person by comparing and thru personal 3. Composite Sketches
appearance. 4. Verbal description or Portrait Parley
2. Photographic files (rogues gallery)
HISTORICAL FEATURES IN CRIMINAL INVESTIGATION
The art and science of Criminal Investigation that exist today 1759, USA: The US CONGRESS created the office of the GENERAL
is the result of countless development since policing was conceived AND REVENUE CUTTER SERVICE. This is the first organized
and then institutionalized. The following is just a brief account of some federal law enforcement and investigative effort made by the US
of the major milestone in the history of Criminal Investigation. government.
USA: First daytime paid police department was established in 1856, USA: - KATE WAYNE: The first woman detective in the
Philadelphia, USA. history of criminal investigation, hired by the Pinkerton Agency.
1835, USA: TEXAS RANGERS was organized as the first law 1859, USA: Appellate courts recognized/accepted photographs as
enforcement agency with statewide investigative authority, the admissible evidences when they are relevant and properly verified.
forerunner of the Federal Bureau of Investigation.
1865, USA: US SECRET SERVICE was founded to investigate
1839: - The birth year of Photography. WILLIAM HENRY FOX counterfeiting activity in post-civil war America.
TALBOT explained a photographic process he had invented to the
Royal Society of London. 1866, USA: - INSPECTOR THOMAS BYRNES: A New York Chief
JACQUES MANDE DAGUERRE gave a public demonstration in of Detectives introduced the MODUS OPERANDI FILE.
Paris of his discovery - a photographic process he developed in 1866, Liberty, Missouri, USA: The JESSE JAMES GANG made
collaboration with NICEPHORE NIEPCE. the first bank hold-up which mark the beginning of the gang’s 15-year
1842: Scotland Yard created the first FULL-TIME INVESTIGATIVE, hold-up and robbery spree (12 bank hold-ups and 12 train stage
which is a forerunner to the Criminal Investigation Division of Scotland coach robberies in 11 states). Clay County Savings Association was
Yard. their first victim and their take was $ 60,000.00.
1851, BOSTON, MASSACHUSETTS, USA: Multi-suspect ID 1877, ENGLAND: - HOWARD VINCENT: Headed the newly
LINE-UP is employed in the first time. organized CRIMINAL INVESTIGATION DEPARTMENT in Scotland
Yard.
1852, USA: - CHARLES DICKENS - Through his story entitled
BLEAK HOUSE, he introduced the term DETECTIVE to the English 1882, FRANCE: - ALPHONSE BERTILLON: A French Police
language. Clerk who introduced and established the first systematic identification
system based on ANTHROPOMETRICAL SIGNALMENT (or
Anthropometry) he is considered as the FOUNDER OF CRIMINAL 1954,USA: - Dr. PAUL KIRK: Best known American criminalist who
IDENTIFICATION. headed the Department of Criminalistics as the University of
California, USA.
1884, CHICAGO, USA: The Chicago Police Department
established the first American Criminal Identification Bureau. 1961,USA: - Mapp vs. Ohio (376 vs. 584): The Supreme Court
ruled the illegally obtained evidence is inadmissible in state criminal
1887, DR. ARTHUR CONAN LYLE: He popularized the Scientific prosecutions.
Criminal Investigation by creating the fictional detective SHERLOCK
HOLMES and his friend Dr. WATSON. Holmes was featured in 6 short 1965, USA: Office of Law Enforcement Assistance (forerunner of the
stories and 4 novels. Law Enforcement Assistance Administration – LEAA) was established
to fund and coordinate administration, research and training in
1892, ENGLAND: - FRANCIS GALTON: An Englishman who criminal justice.
published his study on classifying fingerprints. While other scientists
were studying fingerprints in their biological nature, Galton recognized 1966, USA: - MIRANDA vs. ARIZONA (384 vs. 436): The US
their uniqueness and potentiality/significance in criminal identification. Supreme Court established procedural guidelines for taking criminal
confessions.
1893, GERMANY: - HANS GROSS: An Englishman who published
a handbook for Examining Magistrates in Munich, Germany and DEVELOPMENT IN THE PHILIPPINE SETTING
advocated the use of scientific methods in criminal investigation
process. 1712. CARABINEROS DE SEGURIDAD PUBLICO: Organized
for the purpose of carrying out the policies or regulations of the
1948, ABERDEEN, SCOTLAND: A new concept was introduced in Spanish government. The members were armed and considered as
the field of criminal investigation. This is known as TEAM POLICING. the mounted police. Later, they discharge the duties of a part, harbor,
In team policing, there is no patrol division or criminal investigation per and a river police.
se. In this system, a team of police officers is assigned to patrol and
investigate all criminal matters within their area of jurisdiction or 1836. GUARDRILLEROS: A body of rural police organized in each
district. Team policing required that police officers who respond to a town, which was established by the Royal Decree of January 8, 1836.
call regarding a criminal case should investigate the case to its This police force was composed of 5% of the able-bodied inhabitants
conclusion. in each town or province, and each member will serve for at least 3
years.
1852. GUARDIA CIVIL: An organization created by the Royal supervisory agency to oversee the training and
Decree issued by the Spanish Crown Government on February 12, professionalization of the local police forces. Through this law,
1852. It relieved the Spanish Peninsular Troops of their works in reformation and professionalization of the police service gained official
policing towns. It consisted of a body of Filipino policemen organized recognition.
originally in each of the provincial capitals of the Central provinces of
Luzon under the command of Alcalde (Governor). AUG. 8, 1975. PD#765: The law which stipulated that the office
of the NAPOLCOM was under the office of the Ministry of the
NOV. 30, 1980. INSULAR POLICE FORCE: Established during National Defense. It defined also the relationship between the
the Filipino-American War (1898-1901) upon the recommendation of Integrated National Police and the Philippine Constabulary.
the American Commission to the Secretary of War. This is in compliance with the provisions of Section 12, Article
15 of the 1973 Philippine Constitution.
JULY 18, 1901. ACT # 175: The act establishing the Insular Police
Force which was titled as “AN ACT PROVIDING FOR THE 1935 PHILIPPINE CONTITUTION, Article III, Section 17 (1) -
ORGANIZATION AND GOVERNMENT OF AN INSULAR The law provides that:” In all criminal prosecutors, the accused
CONSTABULARY”. The organic act creating the Philippine shall…. Enjoy the right to be heard by himself and counsel……”.
Constabulary. Criminal prosecution was however interpreted by the court in US vs.
Beechman (25 Phil 25,1972) to mean the proceeding at the trial court
OCT. 3, 1901. ACT # 255: The law which established the Philippine from arraignment to rendition of judgment.
Constabulary
1973 PHILIPPINE CONSTITUTION, Article III, Section 20
REVISED ADMINISTRATIVE CODE OF 1917, Section 825: The 1712
law stated that the Philippine Constabulary is a national Police “No person shall be compelled to be a witness against
Institution for preserving the peace, keeping the order and enforcing himself. Any person under investigation for the commission of an
the law. offense shall have the right to remain silent and to counsel, and to be
informed of such right. No force, violence, threat, intimidation nor any
SEPT. 8, 1966. RA # 4864. (Law co-authored by Rep. means, which vitiate the free will, shall be used against him. Any
Teudolo Natividad): The law otherwise known as the POLICE confession obtained in the violation of this section shall be
ACT OF 1966, It created the Office of the Police Commission inadmissible as evidence.
which was later called National Police Commission
(NAPOLCOM). In its inception, the Police Commission was The warning of the right to remain silent must be
under the Office of the President. It was created as the accompanied by the explanation that anything said can and will be
used against the individual in court. This warning is needed in order to be provided with one. These rights cannot be waived except in writing
make him aware not only of the privilege, but also of the and in the presence of a counsel.
consequences of forgetting it. (People vs. Duero, 104 SCRA 379,
1981) Article XVI, Section 5(4) - “No member of the armed forces in the
active services shall, at any time, be appointed for designated in any
1983 – MORALES vs. JUAN PONCE ENRILE (GR#61016-17; capacity to a civilian position in the Government including government
April 26,1983; SCRA 538) owned or controlled corporation, or any of their subsidiaries.”
The ruling in this case makes it clear that the MIRANDA Article XVI, Section 6 - “The State establish and maintain one
WARNING as it is generally called have to be made so that a police force, which shall be national in scope and civilian in character,
confession can be admitted. Therefore, while upon police custody for to be administered and controlled by a National Police Commission.
investigation, the accused must be appraised of his: The authority of local executives over the police units in their
1. Right to remain silent with explanation that anything jurisdiction shall be provided by law.”
that he might say maybe used against him in the
court of the law; 1990, RA 6975 - DILG ACT, Philippine National Police (PNP)
2. Right to talk to a lawyer, a relative, or a friend, and together with BFP and BJMP organization
have a lawyer ready and a friend present while he is
being questioned; and 1998, RA 8551 – PNP Reform and Reorganization Act
3. Right to the appointment of a lawyer if he cannot
afford one.
GENERAL PRINCIPLES OF CRIMINAL INVESTIGATION
1985 – PEOPLE vs. GALIT (GR#51770;March 20,1985) - The
right to a counsel maybe waived but the waiver, to be valid, must be In the performance of his duties, the investigator must seek to
made with assistance of a counsel. establish the six (6) cardinal points of investigation, namely: what
specific offense has been committed; how the offense was
1987 PHILIPPINE CONSTITUTION, Article III, Section 12 (1) - committed; who committed it; where the offense was committed;
“Any person under investigation for the commission of an offense when it was committed; and why it was committed.
shall have the right to be informed of his right to remain silent and to
have a competent and independent counsel preferably of his own The Phases of Criminal Investigation
choice. If the person cannot afford the services of a counsel, he must
a) Preliminary Investigation - identify the criminal through use of modern gadgets in intelligence and other things and material
confession; eyewitness testimony; circumstantial evidence; that possess or contain a desire information or knowledge.
and associate evidence
b) Follow Up Investigation - trace and locate the criminal; and Two General classifications of sources of information:
c) Final Investigation - proved by evidence the guilt of the 1. Open Sources – 99% of the info collected are coming
suspect/s. from open sources.
2. Close Sources – 1% of info from close sources.
In proving the guilt of the accused in court, the fact of the
existence of the crime must be established; the defendant must Overt Intelligence – is the gathering of information or documents
be identified and associated with the crime scene; competent and procured openly without regard as to whether the subject or target
credible witnesses must be available; and the physical evidence become knowledgeable of the purpose
must be appropriately identified. The proof of guilt will depend on Open Sources: Includes information taken from
the establishment of the essential elements of the crime. The Enemy activity – POW – Civilians - Captured documents
investigator must know by heart the elements of a specific crime. Map - Weather, forecast, studies, report - Agencies
Covert Intelligence – is the secret procurement of information, which
Tools of an Investigator in Gathering Facts is obtained without the knowledge of the person or persons
a) Information – Data gathered by an investigator from other safeguarding vital intelligence interest.
persons including the victim himself and from Public records; Close Sources: are information usually taken through:
Private records; and Modus Operandi file. Surveillance
b) Interrogation and Interview – Questioning of witnesses, Casing
suspects, and offended parties. Elicitation
c) Instrumentation – Scientific examination of real evidence, Surreptitious entry
application of instrument and methods of the physical Employment of technical means (Bugging and Tapping
sciences in detecting crime. device)
INFORMATION Tactical Interrogation
All evaluated materials of every description including those Observation and Description
derived fro observation, reports, rumors, imagery, and other sources Other sources of Information: Overt and Covert
from which intelligence in produced. Routine patrol and Criminal investigation
Information is a communicated knowledge by others obtaining Use of informants and Interrogations
by personal study, investigation, research, analysis, observation. The Search and seizures and Cordon and scratch
Checkpoints and Police public relations activities
Coordination with law enforcement agencies special treatment by the operatives (ex. teachers,
Inmates of various city jails, national penitentiary, military businessmen)
stockade. 5. Anonymous Informant – those who gives information
Statistics through telephone with the hope that the informant can
not be identified
Persons as sources of Information
Informant Net – It is a controlled group of people who Sub-type of Informant
worked through the direction of the agent handler. The informants, 1. Incidental Informant – a person who casually imparts
principal or cutouts supply the agent handler directly or indirectly with information to an officer with no intention of providing
Intel information subsequent information
Informants (Asset) – people selected as sources of 2. Recruited Informant – A person who is selected
information, which could be voluntary, or in consideration of a price. cultivated and developed into a continuous source of info
Informant – refers to a person who gives information to
the police voluntarily or involuntarily with out any Categories of Recruited Informants:
consideration 1. Spontaneous or Automatic Informant – Informants
Informer – those who give information to the police for who by the nature of their work or position in society have
price or reward a certain legal, moral or ethical responsibilities to report
info to the police
Types of Informants 2. Ordinary run of he Mill Informants – Informants that
1. Criminal Informant – an informant who give information are under the compulsion to report info to the police
to the police pertaining to the underworld about organized 3. Special Employee – informants who are of a specific
criminals with the understanding that his identity will be operational nature
protected
2. Confidential Informant – is similar to the former but he Other classification of Informant
gives information violate of the law to includes crimes and Automatic – Penetration - Full time - Rival – Elimination - False
criminals Informant - Frightened Informant - Self- aggrandizing Informant -
3. Voluntary Informant – a type of informant who give Mercenary Informant - Double Crosser Informant - Woman
information freely and willfully as a witness to a certain Informant - Legitimate Informant
act Common Motives of Informants
4. Special Informant – those who gives information
concerning specialized cases only and it is regarded a
Reward – Revenge - Fear and avoidance of punishment – 1. Interview Defined. - An interview is the questioning of a person
Friendship - Patriotism – Vanity - Civic-Mindedness – Repentance believed to possess knowledge that is in official interest to the
–Competition -Other motives investigator.
INFROMANT RECRUITMENT 2. Importance of Interview. - Interview in crime investigation is
very important considering that the person interviewed usually
Phases gives his account of an incident under investigation or offers
1. Selection – it is particularly desirable to be able to information concerning a person being investigated in his own
identity and recruit an informant who has access to many manner and words.
criminal in-group or subversive organization. Wide access is Basic Assumptions: Nobody has to talk to law enforcers. No
probably the single most important feature in the law compels a person to talk to the police if he does not want to.
consideration of recruiting the potential informant Therefore, people will have to be persuaded, always within legal
2. Investigation – the investigation of the potential and ethical limits, to talk to law enforcers. This makes interviewing
informants that has tentatively identified as a “probable” must an art:
be as thorough as possible. It must establish possible existing 3. The Person Interviewed
motives as to this person might assist the police Intel Consider:
community. Failure to do so will deny this office who must a) His ability to observe.
perform the approach and persuasion phase with little more b) His ability to remember
that a guess. If necessary, conduct complete background c) His ability to narrate.
investigation (CBI) d) His mental weakness because of stupidity or infancy
3. Approach – approach must be done in a setting from e) His moral weakness because of drunkeness, drug addiction,
which might include pleasant surroundings, perhaps a his being a pathological liar or similar factors.
confidential apartment, completely free form any probability of f) Emotional weakness resulted by family problems, hatred,
compromise, preferably in an adjacent city or a remote area revenue, and love.
foreign to the informants living pattern. 4. The Interviewer’s Personal Traits.
4. Testing – the testing program should begin, of course, a) He must be a practical psychologist who understands the
with the limited assignment, with a gradual integration into the human psyche and behavior.
more important areas. The occasional testing of an informant b) He has a sincere interest in people. People who are reclusive
should continue through the entire affiliation generally are not good interviewers.
c) He is clam, has self-discipline, and keeps his temper.
INTERVIEW AND INTERROGATION d) He is courteous, decent and sensitive.
e) He is self-assumed and professional. He is tactful, i.e. he a) It is not always possible to fix the time and place of an
knows what to say when and how to say it. interview, but since memory is short, it is basic that an
f) He is cordial and agreeable, and never officious. But he interview with the witness and suspect(s) should take place
should avoid over-familiarity it. as soon as possible after the commission of the crime.
g) He is forceful, persistent and patient. Some people just b) Interview of arrested person should be made as soon as
cannot be rushed. possible after the arrest.
h) He is analytical. c) Conduct interviews whenever possible in your own turf, i.e.
i) He is flexible and cautious. your office.
j) He is a good actor and can conceal his own emotion. d) Have an interview room where there will be privacy. It should
k) He avoids third degree tactics and never deviates from the be a plain room but not bleak. There should be few furniture,
fundamental principle that a person must be treated and no distracting pictures, calendars or similar items.
according to humanitarian and legal precepts. e) Arrange it so that there will be no interruption during the
l) he keeps the rules of evidence in mind. interview.
f) Suspects should be interviewed separately and out of sight
5. Planning the Interview. and earshot of each other.
In planning the interview, the interviewer should consider: g) If are two interviewers, let one man be the prime interviewer.
a) The facts of the case which have been established so far. h) Arrange chairs so that window light falls on the interviewee
b) The information needed to complete the picture and not on the interviewer.
c) The sources of information that may be consulted such as i) The interviewer should adapt his speech to the style best
files and records. understood by the subject. In dealing with tan uneducated
d) The possibility of confronting the suspect with physical subject, the interviewer should use simple words and
evidence . sentences.
e) The time available for the interview. j) Straight-back chairs should be used for both subject and
f) The time allowed by law. interviewer. Other types of chairs induce slouching or leaning
back, and such position are not conductive to proper
6. Preparation of the Interview – Before interviewing a witness, interviews.
the law enforcer should mentally review the case and consider k) The interviewer should remain seated and refrain from pacing
what information the witness can contribute. If the case requires about the room.
it, he should acquaint himself with the background of the witness.
8. Opening the Interview.
7. Time, Place and Surrounding Circumstance.
a) The interviewer should identify himself and the agency to considered the easiest as people tend to think in terms of
which he belongs. what happened first, the, second, then third. The interviewer
b) He should try to size up the interviewee and reach to tentative should go step by step in learning all the details concerning
conclusion about his type, then use the best interview the planning and commission of the crime and what
approach. happened after it was committed.
c) He should keep in mind the provisions of law regarding rights d) Exhaust each topic before moving on to the next.
of people under custodial investigation. e) Determine the basis for each material statement. It might be a
hearsay.
9. The Body of the Interview. f) Keep your questions simple and understandable. Avoid
a) The interviewee should be allowed to tell his own story in his double-edged or forked questions.
own words without interruption. g) The dangers of leading and misleading questions should be
(i) This allows for continuity and clearness. borne in mind. A question which suggests to the witness the
(ii) Range of interview is broadened. answer which the interviewer desires is a leading question.
(iii) It helps the interviewee recall and relate evens in their Questions which assume material facts that have not been
proper order. proven are misleading questions.
b) Interviewer should keep to the point at issue and should not h) Wait for the answer to one question before asking a second
wander too far from it. one.
c) Interviewer should be alert for hearsay information so he can i) Ask important questions in the same tone of voice as the
question the interviewee on the matter later. unimportant ones.
d) Do not interrupt a trend of ideas by abruptly asking a j) As a rule, avoid trick or bluffing questions.
question. Use the uninterrupted account of the witness k) Where it is necessary to inquire into the past history of the
interview interviewee involving something unpleasant, it is wise to use
e) However, you may guide the interviewee innocuous questions introductory remarks deploring the need for the question and
such as, “And then what did you do?” saying that it is one of the unpleasant but necessary of an
officer.
10. Questioning.
a) Dominate the interview. Be careful, do not allow the 11. Closing
interviewee to be the one asking the questions. a) Before closing the interview, the law enforcer should make a
b) Do not ramble. Have a reason for every question asked. mental check of the purpose of the interview and should
c) Follow the order of time and bring out the facts in that order. analyze what he has learned, then decide whether he has
This technique is called “chronological questioning” and is
attained his objective. He should be guided in this respect by e) To learn of the existence and location of physical evidence
the 5 W’s and I H- what, where, when who, why and how. such as documents or weapons.
b) The interviewer should always the door open for a re- f) To learn the identity of accomplices
interview. Don’t forget to say “THANK YOU” after the g) To develop information which will lead to the fruits of the
interview. crime.
h) To develop additional leads for the investigation
Note: Although the words “interview” and i) To discover the details of any other crime in which the
“interrogation” have similar meanings, there are those suspect participated.
who prefer to use “interview” when questioning
witness and informants, and “interrogation” when 3. Preliminary Conduct. – The interrogator should identify himself
questioning suspects. a t the outset and state in general the purpose of the
interrogation. He must advise the suspect of his rights against
A Philosophy of Interview and Interrogation: self-incrimination and inform him that he does not have to answer
questions and that, if he does answer, these answers can be used
The RIGHT officer, asking the RIGHT questions, In the as evidence against him. he must inform the suspect of his right
RIGHT manner, At the RIGHT time and in the RIGHT place, to counsel and that a state appointed counsel will be made
Will get the RIGHT answers. available without cost to him if he so desires. No questioning of
the suspect unless the latter has definitely waived his right to be
INTERROGATION IN GENERAL silent. Ordinarily the investigator should be alone with the suspect
1. Interrogation Defined. An interrogation is the questioning of a and, of course, the latter’s lawyer, if he has requested counsel.
person suspected of having committed an offense or of a person
who is reluctant to make a full disclosure of information in his 4. The Interrogation Room – The room should provide freedom
possession which is pertinent to the investigation. from distractions. If should be designed simply to enhance the
concentration of both the interrogation and the subject on the
2. Purpose of Interrogation matter under questioning.
a) To obtain information concerning the innocence or guilt of 5. Interrogation Techniques – The following are some of the
suspect. techniques practiced by experienced investigators:
b) To obtain a confession to the crime from a guilty suspect. a) Emotional Appeals – Place the subject in the proper frame of
c) To induce the suspect to make admissions. mind. The investigator should provide emotional stimuli that
d) To know the surrounding circumstances of a crime. will prompt the subject to unburden himself by confiding.
Analyze the subject’s personality and decide what motivation approach in interrogating this type of offender is the
would prompt him to tell the truth, then provide those motives sympathetic approach.
through appropriate emotional appeals. b) Non-Emotional Offenders normally do not feel any guilt, so
b) Sympathetic Approach – The suspect may fell the need for the best way to interrogate them is through the factual
sympathy or friendship. He is apparently in trouble. Gestures analysis approach, that is, by reasoning with the subject and
of friendship may win his cooperation. letting him know that his guilt has already been, or will soon
c) Kindness – The simplest technique is to assume that the be, established.
suspect will confess if he is treated in a kind and friendly
manner. 2. Interrogation of Suspect Whose Guilt is Definite or
d) Extenuation – The investigator indicates he does not consider Reasonably Certain
his subject’s indiscretion a grave offense. a) Maintain an attitude that shows that you are sure of yourself
e) Shifting the Blame – The interrogator makes clear his belief when you conclude that the subject is indeed guilty.
that the subject is obviously not the sort of person who (i) Don’t be very friendly with the subject and do not offer a
usually gets mixed up in a crime like this. The interrogator handshake.
could tell from the start that he was not dealing with a fellow (ii) At the outset, accuse the subject of lying. If he reacts with
who is a criminal by nature and choice. The trouble with the anger, this usually indicates innocence. But if he
suspect lies in his little weakness – he like liquor, perhaps, or remains calm, you can generally conclude that your
he is excessively fond or girls or he has had a bad run of luck suspicion of guilt confirmed.
in gambling. (iii) Interruption of questioning by the subject may indicate
f) Mutt & leff – Two (2) agents are employed. Mutt, the innocence. Silence is equated is equated with guilt.
relentless investigator, who is not going to waste any time (iv) Do not allow the subject to repeatedly deny his guilt.
because he knows the subject, is guilty. Jeff, of the other (v) Assume that the subject is guilty and proceed to ask why
hand, is obviously a king-hearted man. he committed the act,.
(vi) When interrogating a “big shot,” it may be useful to lower
CRIMINAL INTERROGATION SYSTEMS his status by addressing him by his first name, instead of
using a title of respect.
1. Types of Offenders and Approaches to be used in Dealing (vii) Remember that one who is trained in criminal
With Them: interrogation is easier to question than an ordinary
a) Emotional Offenders have a greater sense of morality. They criminal since he ahs less confidence in himself as a liar.
easily feel remorse over what they have done. The best
b) The subject should be made aware of the fact that the blame, or at least some the blame, for the crime rests
interrogator knows information indicating his guilt and that the upon the victim.
interrogator is not merely “fishing” for evidence. (ii) Condemning the subject’s accomplice. But the
c) Let the subject know that he is showing signs of deception, interrogator must be cautious so that the subject as
some of which are: leniency or exculpation from liability does not misinterpret
(i) Pulsation of the carotid (neck) artery his comments.
(ii) Excessive activity of the Adam’s apple (iii) Condemning anyone else upon whom some degree of
(iii) Avoiding the eyes of the interrogator, swinging one leg moral responsibility might be placed for the commission
over the other foot wiggling, wringing of the hands, of the crime.
tapping of fingers, picking fingernails, etc. h) In encouraging the subject tot ell the truth display some
(iv) Dryness of the mouth understanding and sympathy.
(v) Swearing to the truthfulness of assertions. Guilty subjects (i) Show sympathy through a pat on the shoulder (usually
to strengthen their assertions of innocence frequently use reserved for men who are either younger that or of the
this. same age as the interrogator, or emotional offenders), or
(vi) “Spotless Past Record” – “Religious Man.” These are gripping the subject’s hand. Care must be taken with
asserted to support statements, which the subject knows, female offenders, who might consider any physical
and realizes the interrogator knows, to be false. contact with the interrogator as a sexual advance.
(vii) A “Not That I Remember” or “As Far As I Know” (ii) Tell the subject that even if he was your own brother (or
expression should be treated as a veiled admission or any other close relative), you would still advise him to
half-truth. speak the truth.
d) Sympathize with the subject by telling him that anyone else (iii) Convince the subject tot ell the truth for his own moral or
under similar conditions or circumstances might have done mental well being
the same thing. (iv) The “friendly-unfriendly” act. This is much like the Mutt
e) Reduce the subject’s guilt feeling by minimizing the moral and Jeff system discussed earlier. The only difference is
seriousness of his offense. that this act seems more effective if done by a single
f) In order to secure the initial admission of guilt, the interrogator interrogator playing both roles.
should suggest possible reasons, motives or excuses to the i) Point out the possibility of exaggeration on the part of the
subject. accuser or victim or exaggerate the nature and seriousness of
g) Sympathize with the subject by: the offense itself.
(i) Condemning his victim. During the questioning, the
interrogator should develop the notion that the initial
j) Early in the interrogation, have the subject situate himself at investigation. This is a good method of testing the validity of
the scene of the crime or in some sort of contact with the the subject’s alibi.
victim or the occurrence. d) Where certain facts suggestive of the subject’s guilt are
k) Seek an admission of lying about some incidental aspect of known, ask him about them rather casually and as though the
the occurrence by achieving this, the subject loses a great real facts were not already known, to give the subject an
deal of ground, bringing him nearer to the confession stage, opportunity to lie. His answer will furnish a very good
because he can always be reminded by the interrogator that indication of his possible guilt or innocence, and if he is guilty,
he has not been telling the truth. his position becomes very vulnerable when confronted with
l) Appeal to the subject’s pride well-selected flattery or by a the facts possessed by the interrogator.
challenge to his honor. Flattery is especially effective on e) At various intervals, ask the subject certain pertinent
women subjects. questions in a manner, which implies that the correct
m) Point out the uselessness of lying. answers, are already known.
n) Point out to the subject the grave consequences and futility of f) Refer to some non-existing incriminating evidence to
a continuation of his criminal behavior. determine whether the subject will attempt to explain it; if he
o) Rather than seek a general admission of guilt, first ask the does, that is an indication of guilt.
subject a question regarding some detail of the offense, or g) Ask the subject whether he ever thought about committing the
inquire as to the reason for its commission. offense or one similar to it. If the subject admits he had
p) When co-offenders are being interrogated and the previously thought about committing it, this fact is suggestive of his guilt.
described techniques have been ineffective, play one against h) In theft cases, if the suspect offers to make restitution, that
the other. This is effective because when two or more persons fact is indicative of guilt.
have collaborated in the commission of a criminal offense and i) Ask the subject whether he is willing to take a lie-detector
are later apprehended for questioning, there is usually a test. the innocent person will almost always immediately
constant fear on the part of each participant that one of them agree to take practically any test to prove his innocence,
will “talk,” in exchange for some leniency or clemency. whereas the guilty person is more prone to refuse to take the
3. Interrogation of Suspect Whose Guilt is Uncertain test or to find excuses for not taking it, or for backing out of
a) Ask the subject if he knows why he is being questioned. his commitment to take it.
b) Ask the subject to relate all he knows about the crime, the j) A subject who tells the interrogator, “All right, I’ll tell you what
victim, and possible suspects. you want, but I didn’t do it,” is, in all probability, guilty.
c) Obtain from the subject detailed information about his
activities before, during and after the occurrence under 4. General Suggestions Regarding the Interrogation of
Criminal Suspects
a) Interview the victim, the accuser, or the discoverer of the
crime before interrogating the suspect. 1. Confidential Informant Defined – a confidential informant is an
b) Be patient and persistent. Never conclude an interrogation at individual who supplies information on a confidential basis with
a time when you feel discouraged and ready to give up; the understanding that his identity will not be made known.
continue for a little while longer. a) Scientific approach in criminal investigation can assist law
c) Make no promises when asked, “What will happen to me if tell enforcers immeasurably, but there is always that one case
the truth?” A promise of leniency or immunity may induce an wherein the crime laboratory cannot help. This is the reason
innocent to confess. why investigators must to know the man on the street, then
d) View with skepticism the so-called conscience-stricken man who can supply information.
confession. b) Law enforcers must develop confidential informants
e) When a subject has made repeated denials of guilt to everyday.
previous investigators, first question him, whenever
circumstances permit, about some other, unrelated offense of 2. Need for Informants
a similar nature of which he is also considered to be guilty. a) Informants increase accomplishment in all areas of
f) An unintelligent, uneducated criminal suspect, with a low investigation.
cultural background should be interrogated on a b) Without confidential informants, the officer’s source of
psychological level comparable to that usually employed in information is limited to what he gets through formal interview.
the questioning of a child. c) Informants enable law enforcers to infiltrate the criminal
element and help lower criminal morale. Advance information
5. Interrogation Witnesses and Other Prospective Informants: improves crime prevention and enables the police to find out
a) Give the witness or prospective informant an assurance that the identity of transient hoodlums.
the offender will not harm him or any member of his family, d) Informants are an investigative “short cut’ to solve cases, to
and that there is a witness protection program specially recover stolen property, and to make apprehensions.
designed to meet that contingency when it becomes
necessary. 3. Where to Find Criminal Informants and Whom to Develop
b) If such witness or prospective informant refuses to cooperate a) Legitimate persons and criminals
with the police, try to sever any bond between him and the (i) Hoodlums, criminals, fences, bookies, barbers,
offender, and proceed to interrogate the witness or informant bartenders, poolroom and dancehall operators,
as if he were the suspect. prostitutes, madams, pawnbrokers, cab drivers, bell hops,
service station attendants, waitresses and others. A class
A. DEVELOPMENT AND CONTROL OF INFORMANTS
in themselves is persons who had been accused or [2] Monetary consideration – There may be ties when an
suspected of a crime. officer has to pay for information. one must make
(ii) Persons engaged in certain occupations should be sure he gets his money’s worth. Do not overpay or
considered. you will have a professional informant.
[3] Appeal to prospect’s ego. – Men on the beat
4. How to Develop Confidential Informants (patrolmen/investigators) have a good opportunity of
a) Constant need. developing informants.
(i) No matter what our scientific development might be, there [4] Development of “friendship” helps because the
will always come that time when we will need informants. informant respects the officer. – This is accomplished
(ii) Development of confidential informants should therefore by friendly acts of the officer to the possible informant
be a continuous process. himself or his relatives.
b) Evaluation of the individual being considered as possible [5] Involvement in illegal activity – The illegal activity
informant: serves as pressure on the possible informant. The
(i) Does he have access to information? attitude toward him, though, should be “Put up or get
(ii) Can he develop the trust of his associates? out”.
(iii) Intelligence and physical courage [6] Fear motive. – This is fear of the police or of his
(iv) His criminal record and background associates
(v) His pattern of behavior [7] Revenge motive
c) Basic considerations. [8] Perverse motives – To eliminate competition, for
(i) Contact must be made in a neutral place. The officer example.
making the contact should not be in uniform or in police [9] Bad publicity – Especially applicable to businessmen
vehicles. Contact should be made in such a manner that (iii) Officer’ Ability.
the informant’s association with the law enforcement [1] Develop an informant to the point that he really
agency would not be disclosed. Get the informer away respects you. - Do not call hour informant a “stool
from his local habitat to a place where he is not known. pigeon” or a “stoolie” when talking to him.
Call him by phone and let him set the time and place. [2] Secrecy in contacts cannot be over-emphasized. It
(ii) Plan the interview as to the type of “approach.” helps maintain the confidence of the informant. You
[1] Return of favor. – Even small favors can help a lot in may use fictitious names over the phone. Contact
developing informants. These may be extended in should be discreet and the meeting place frequently
various ways. changed.
[3] The informant may expect a few favors in return. – (i) Keep records as to the ability of your men to develop
Make him understand that you association with him informants.
does not give him the license to operate illegally. You (ii) Keep records as to the accomplishments of each of the
must have him understand also that he is not an informants. This should tell you who among the
employee of the police even though he is being paid informants should be discarded.
for the information. It may be necessary to hold (iii) Keep records as to fugitives apprehended, loot recovered
something over his head. and cases given to you.
- Be sure that your informant does not brag about (iv) Maintain a tickler system to review your informant’s
his association with you contribution to your command.
- Make sure he is giving you good information. test
him with facts you know. B. UNDERCOVER INVESTIGATION
- Do not allow yourself to be interviewed by an
informant. 1. Preparation for undercover work should be sufficiently
Give him the facts he needs to know, and nothing thorough:
more. a) To preclude compromise
b) To minimize danger to the undercover operative
5. Use of Informants c) To ensure the ultimate success of the investigation
a) Maximum benefit. – The confidential informant should be
used for the maximum benefit of the entire organization, not 2. Undercover investigation should not be attempted until
of only one (1) officer/investigator. other investigative techniques have failed or are deemed
b) A designated executive should be aware of the identity of the impractical.
informant. – At least two (2) individuals in the law
enforcement agency should know the identity of a confidential 3. Factors to consider before undercover investigation is
informant. This gives him the feeling that he is really initiated:
cooperating with the police. It is also possible that something a) The exact result desired
might happen to you, which would mean the loss of the b) Jurisdiction
informant to the entire police force. Besides the officer who c) The importance of the investigation
developed the informant, it is suggested that the other be a d) Available planning information
rank-officer to give the informant a feeling of importance. e) Availability of qualified personnel
c) Consider a program within your respective commands for the f) The equipment and preparation necessary
development of informants. g) Danger to the investigator involved.
4. General and Specific Qualifications – Undercover work as a 5. Authority for undercover operations must be from the top officer
selective assignment requires that the investigator possess, in of the organization, for this requires coordination with other
addition to certain general qualifications, specific qualifications agencies.
required in the type of investigation being conducted.
a) General qualifications: 6. The fewest number of persons must know the undercover
(i) Well-trained and experienced operation. Otherwise, the investigation or the operative himself
(ii) A calm, collected and resourceful individual with good might be jeopardized.
judgment and wit
(iii) Complete self-confidence to feel absolutely certain that 7. The background or cover story regarding the assumed identity
he can successfully play the part of the character he will of the undercover operative must be such that he can easily win
assume. the confidence of the suspect or organization sought to be
(iv) Courage and ability to meet unforeseen situations with infiltrated, and should seldom be wholly fictitious.
quick, sound decisions
(v) Will power to avoid drugs and excessive use of 8. Badge and credentials must never be carried.
intoxicants.
(vi) Ability to avoid unwise entanglements with women 9. A weapon should only be carried if it is consistent with the
involved in the case or associated with the subject. background story.
b) Specific qualifications
(i) Ability to act out an assumed role 10. Provide safe communication systems between the
(ii) Good memory in an investigation in which no notes can undercover agent and headquarters relaying information or
be taken or report submitted. instructions.
(iii) Skill adaptable to the occupation assumed.
(iv) Physical appearance and capabilities consistent with his 11. Arrangements for drops and safe houses must be made and,
assumed qualifications. if necessary, the undercover operative himself may be placed
(v) Well-grounded in the lingo and techniques of the subject under surveillance.
criminal operations
(vi) In special situations, the undercover investigator should 12. The undercover operative must never pose as a criminal
possess certain linguistic abilities, hobbies, sports, unless no other approach appears adequate.
musical talent and personal background for the particular
and undercover assignment.
13. The role of the undercover operative is to gather information 3. Objectives of Surveillance:
or evidence against the suspect(s) or the organization, never to a) To detect criminal activities
instigate the commission of a crime. b) To discover the identity of persons who frequent the
establishment and determine their relationship.
14. Plans for the operation must provide actions or alternatives in c) To discern the habits of a person who lives in or frequents the
case the undercover is arrested. place.
d) To obtain evidence of a crime or to prevent the commission of
15. Reminders tot he undercover operative: a crime.
a) Act as natural as possible. 4. Shadowing or Tailing. It is the act of following a person. Its
b) Do not overplay the part. objectives are:
c) Do not indulge in any activity, which is not in conformity with a) To detect evidenced of criminal activities.
the assumed identity. b) To establish the association of a suspect
d) Do not make notes unless they are to be mailed or passed c) To find a wanted person
immediately: (Use codes and never place return address in d) To protect a witness
letters and envelopes). There are three (3) types of shadowing employed, depending
e) Do not use intoxicants except to play the part. upon the objective of the surveillance:
f) Limit association with women to that necessary to play the
part a) “Loose Tail” is employed when a general impression of
the subject’s habits and associates is required.
C. SURVEILLANCE b) “Rough Shadowing” without special precautions may be
used where the criminal must be shadowed and he is
1. In General. – In the investigation of a certain case, a point is aware of this fact; or where the subject is a material
reached when the investigator sometimes finds it difficult to witness and must be protected from harm or other
secure leads through questioning of the complainant and undesirable influences.
witnesses. In such a situation, the investigator has to go to the c) “Close Tail” surveillance is one is which extreme
filed to locate the criminal or, if he is known, to study his habits, precautions are taken against losing the subject.
movements and possible accomplices in the commission of the
crime. 5. Tactics. – The subject should be kept unaware that he is being
2. Definition – Surveillance is the discreet observation of places, shadowed. The investigator should be inconspicuous. He should
persons and vehicles for the purpose of obtaining information not be detected looking directly at the suspect. He should shift
concerning the identities or activities of subjects. from left to right, never remaining for long directly behind the
subject. Both sides of the street should be used. If the tail, he (iv) Ready coins for bus or jeepney fare and for making
should request immediate removal from the statement. phone calls
(v) Determine exits and have them covered.
6. Note. – The investigator must maintain a note or log containing a (vi) Bear in mid the need to secure a Search Warrant on
chronological record of the activities of both the investigator and short notice.
the subject. The log can be used either in the interrogation of the (vii) Ready materials for recording surveillance
suspect or for purposes of cross-examination during trial. (viii) Pre-arrange signals.
(ix) Maintain contact among the participants.
7. “Roping” or Undercover Work. – It is a form of investigation in (x) Rotate participants and apportion their distances.
which the investigator assumes a different and unofficial identity (xi) Consider the possibility of counter-surveillance.
(a cover story) in order to obtain information. The general b) Choosing proper equipment. Equipment include motor
objective of an undercover investigation is to obtain more vehicles, boats, binoculars, camera, radio equipment,
information. handcuffs, containers for evidence, strips of neolith and other
materials for disguising motor vehicles (day or nighttime),
8. Arrest of Undercover Agent. – If the police arrest an firearms, tear gas etc.
investigator, he must act in accordance with his orders. If he has
not received orders regarding the disclosure of his identity in case Standard Methods of Recording Investigative Data
of arrest by other law enforcement officers, he must act according a) Photographs;
to his judgement. In such a case, if retaining his assumed b) Sketching crime scenes;
character does not serve a useful purpose, the investigator should c) Written notes (what you have seen or observed);
refuse to make a statement except to a member of his own d) Developing and lifting fingerprints found at the crime scene:
organization. e) Gathering physical evidence;
f) Plaster cast;
9. Preparation and Supervision of Discreet Surveillance g) Tape recording of sounds;
h) Video tape recording of objects; and
a) Familiarize participating operatives with the case. i) Written statements of subjects(s) and witnesses
(i) Use sketches, photos and maps in the briefing.
(ii) Make a physical description of the subject(s). Scientific Examination of Real Evidence
(iii) Anticipate contingencies that arise and plan what to
do a) The Crime Scene Search
Processing and Securing a Crime Scene – Processing a crime trial, the court allows investigators to consult their notes to
scene includes the application of diligent and careful methods by an refresh their memory.
investigator/policeman to recognize, identify, preserve and collect b) Recording Notes: The data of the investigation should be
facts and items of evidentiary value that may assist in reconstructing recorded in a complete, accurate and legible fashion so that
that which actually occurred. The crime scene is the area surrounding in the event another investigator is required to assume the
the place where the crime occurred. the processing of the area at the responsibility for the investigation, be can make intelligent use
scene includes all direct traces of the crime. and this is determined by of the notebook.
the type of crime committed and the place where the act occurred.
Custodial Investigation/Interrogation.
Protecting the Crime Scene and the Evidence – Successful It is the skillful questioning of a suspect or a hostile witness to
crime scene processing, depends upon the policeman’s or divulge information on the crime being investigated. It must be
investigator’s skill in recognizing and collecting facts and items of remembered, however, that police investigators cannot learn
value as evidence, and upon his ability to protect, preserve, and later, proper interrogation merely by reading books. The success of
to present these in a logical manner. This requires making careful and interrogation depends on its legality, topic, physical insight and
detailed notes and sketches; using correct procedures in taking experience.
photographs of the scene; taking written statements and transcribing
verbal statements of witnesses, suspects and marking and PROCEDURE AT THE CRIME SCENE
preservation of collected physical objects of evidentiary nature.
b) Laboratory examination of objects and substances located Upon Arrival at the Crime Scene
usually at the crime scene Objects and substances needing
examination in some cases are carried, intentionally or a. Record time/date of arrival at the crime scene, location of the
unintentionally, by suspects from the crime scene. scene, condition of the weather, condition and type of lighting
direction of wind and visibility
Investigator’s Notebook. b. Secure the crime scene by installing the crime scene tape or
a) Purpose: Considering the mass of details and the number of rope (police line)
cases which in some instances an investigator is handling, it c. Before touching or moving any object at the crime scene
is very possible that he might forget some details. Many of the determine first the status of the victim, whether he is still alive
details associated with the investigation, while not essential to or already dead. If the victim is alive the investigator should
the report, might become points of interest to the court when exert effort to gather information from the victim himself
the case is brought to trial. Experienced investigators employ regarding the circumstances of the crime, while a member of
a handbook to record the relevant details of the case. During the team or someone must call an ambulance from the
nearest hospital. After the victim is remove and brought to the ii. If any doubt exists as to the value of an item, treat it
hospital for medical attention, measure, sketch, and as evidence until proven otherwise.
photograph. Only a coronal or a medical examiner shall iii. Ensure that the item or area where latent fingerprints
remove the dead body unless unusual circumstances justifies may be present is closely examined and that action
its immediate removal. taken to develop the prints.
d. Designate a member of the team or summon other policemen iv. Carefully protect any impression of evidentiary value
or responsible persons to stand watch and secure the scene, in surfaces conducive to making casts or molds. If
and permit only those authorized person to enter the same. possible, photograph the impression and make a cast
e. Identify and retain for questioning the person who firs notified or mold.
the police, and other possible witnesses. v. Note stains, spots and pools of liquid within the scene
f. Determine the assailant through inquiry or observed him if his and treat them as evidence.
identity is immediately apparent. Arrest him if he still in the vi. Treat as evidence all other items, such as hairs, fiber,
vicinity. and earth particles, foreign to the area in which they
g. Separate the witnesses in order to get independent are fund – for example, matter found under the
statements. victim’s fingerprints.
vii. Proceed systematically and uninterruptedly to the
Recording - As a rule, do not touch, alter or remove anything at the conclusion of the processing of the scene. The
crime scene until the evidence has been processed through notes, search for evidence is initially completed when, after
sketches and photographs, with proper measurements. a thorough examination of the scene, the rough
sketch, necessary photograph and investigative note
Searching for Evidence have been completed and the investigator has
a) A general survey of the scene is always made, however, to returned to the point from which the search began.
the location of obvious traces of action, the probable entry Further search may be necessary after the evidence
and exit points used by the offender(s) and the size and and the statements obtained have been evaluated.
shape of the area involved. c) In large outdoor areas, it is advisable to divide the area into
b) The investigator examines each item encountered on the strips about four (4) feet wide. The policeman may first search
floor, walls, and ceiling to locate anything that may be of the strip on his left he faces the scene then the adjoining
evidentiary value. You should: strips.
i. Give particular attention to fragile evidence that may d) It may be advisable to make a search beyond the area
be destroyed or contaminated if it is not collected considered to be immediate scene of the incident or crime.
when discovered. For example, evidence may indicate that a weapon or tool
used in the crime was discarded or hidden by the offender Collecting Evidence. This is accomplished after the search is
somewhere within a square-mile area near the scene. completed, the rough sketch finished and photographs taken. Fragile
e) After completing the search of the scene, the investigator evidence should be collected as they are found. All firearms (FAs)
examined the object or person actually attacked by the found to have tampered serial numbers (SNs) shall be automatically
offender. subjected to macro etching at the Philippine National Police Crime
Laboratory (PNP-CL). A corresponding report to the Firearms and
Methods of Crime Scene Search Explosive Office (FEO) must be made for verification purposes. In the
A. Strip Search Method In this method, the area is blocked out collection, the investigator should touch the evidence only when
in the form of a rectangle. The three (3) searchers A, B, and C necessary.
proceed slowly at the same place along paths parallel to one
side of the rectangle. When a piece of evidence is found, the Removal of Evidence. The investigator places his initials, the date
finder announces his discovery and the search must stop until and the time of discovery on each item of evidence and the time
the evidence has been cared for. A photographer is called, if discovery on each item of evidence for proper identification. Items that
necessary. The evidence is collected and tagged and the could not be marked should be placed in a suitable container and
search proceeds at a given signal. At the end of the rectangle, sealed.
the searchers turn and proceed along new lanes.
B. The double strip or grid method of search is a Tagging or Evidence. Any physical evidence obtained must be
modification of the Strip Search Method. Here, the rectangle tagged before its submission to the evidence custodian.
is traversed first parallel to the base then parallel to a side.
C. Spiral Search Method - In this method, the three searchers Evaluation of Evidence. Each item of evidence must be evaluated
follow each other along the path of a spiral, beginning on the in relation to all other evidence, individually and collectively.
outside and spiraling in toward the center.
D. Zone Search Method - In this method of search, the area is Preservation of Evidence. It is the investigator’s responsibility to
considered to be approximately circular. The searchers gather ensure that every precaution is exercised to preserve physical
at the center and proceed outward along radii or spokes. The evidence in the state in which it was recovered/obtained until it is
procedure should be repeated several times depending on released to the evidence custodian.
the size of the circle and number of searchers. One
shortcoming of this method is the great increase in the area to Releasing the Scene. The scene is not releases until all processing
be observed as the searcher departs from the center. has been completed. The release should be effected at the earliest
practicable time, particularly when an activity has been closed or its
operations curtailed.
l) Two (2) investigators should check critical measurements,
Sketching Crime Scenes. such as skid marks.
Pointers to Consider: m) Measurements should be harmony; or in centimeters, inches,
a) To establish admissibility, the investigator must have had yards, meters, mixed in one sketch.
personal observation o the data in question. In other words, n) Use standard symbols in the sketch.
the sketch must be sponsored or verified. o) Show which way doors swing,
b) REMINDER: Sketches are not a substitute for notes or p) Show with arrow the direction of stairways.
photos; they are but a supplement to them. q) Recheck the sketch for clarity, accuracy, scale, and title key.
c) Types of sketches: Floor plan or “bird’s-eye view”; Evaluation
drawing; Exploded view; and Perspective drawings.
d) Write down all measurements. GENERAL TYPE OF SKETCH
e) Fill in all the detail on your rough sketch at the scene. Final Rough Sketch- made at the crime scene, no scale, proportion
sketch may be prepared at the office. ignored and everything is approximate
f) Keep the rough sketch even when you have completed the
final sketch. Finished Sketch- for courtroom presentation, scale and proportion
g) Indicate ht North direction with an arrow. are strictly observed.
h) Draw the final sketch to scale.
i) Indicate the PLACE in the sketch as well as the person who Kinds of Sketch
drew it. Use the KEY – capital letters of the alphabet for listing 1. Sketch of locality gives a picture of the crime scene in
down more or less normal part sof accessories of the place, relation to its environs including neighboring buildings, roads,
and numbers for items of evidence etc.
j) Indicate the position, location and relationship of objects. 2. Sketch of grounds includes the crime scene and its nearest
k) Methods or systems of locating points (objects) on sketch environment, ex a house w/ a garden
Rectangular coordinates. (Measurements at right angels 3. Sketch of details describes the immediate crime scene only.
from each of two walls)
Coordinates constructed on transecting base line. SCENE OF CRIME OPERATION (SOCO)
Choose relatively fixed points for your baseline.
Triangulation. (Measurements made from each of two Composition of SOCO Team
fixed objects to the pint you want to plot or locate so as to The SOCO team is composed of but not limited to the following
form an imaginary triangle. Sketch will show as many depending on the nature of the case:
imaginary triangles as there as object plotted). 1. Team Leader
2. Assistant team leader 2. Assistant Team Leader
3. Photographer and photographic log recorder a. Shall assist the team Leader in all his functions and
4. Sketcher and Evidence Recorder responsibilities.
5. Evidence Recorder b. Assume/takeover the responsibilities of the Team leader
6. Evidence Recovery Personnel in his absence
7. Driver/Security 3. Photographer and photographic log recorder:
a. Photograph the entire area of the crime scene with
Personnel Functions and Responsibility overall medium and close-up coverage using appropriate
1. Team Leader scale.
a. Assume control of the crime scene. Ensure the safety of b. Photograph victims, suspects/offenders arrested in the
personnel as well as the victim and offenders caught in scene.
the scene and secure the crime scene from kibitzers. c. Photograph all evidences before collection.
b. Conduct initial survey of the crime scene for evaluating d. Photograph all latent Fingerprints, impressions before
potential evidence and narrative description of the place. lifting or casting is made. Likewise, photograph blueprints
c. Determine search patterns to be used and designate map and other items
assignments to evidence gatherer. e. Prepare photograph log photographic sketch.
d. Designate command post location in or near the crime 4. Sketcher:
scene and insure exchange of information between a. Perform all sketches necessary during the crime scene
searcher and investigator. processing.
e. Coordinate with other law enforcement agencies for the 5. Evidence Recorder/Custodian:
security of the victims, offenders/suspects and the scene a. Prepare evidence recovery log and accomplish chain of
of the crime. custody of evidence.
f. Ensure that sufficient supplies and equipments are made b. Conduct packaging, preservation and transportation of
available for personnel involved in SOCO. gathered evidence to the Crime Laboratory.
g. Control access to the scene and designate personnel. To c. Coordinate evidence nomenclature with sketcher,
log persons entering the place and remove Kibitzers in photographer and evidence gatherer.
the area, d. Receive and record all evidence recovered.
h. Continuously reevaluate efficiency of the search ensure e. Maintain custody and control of evidence
and that all places are searched properly. f. Observe the proper custody of evidence
i. Release the crime scene to the investigators handling the g. Coordinate transmittal of evidence to case investigator or
case to Crime Laboratory per agency guidelines.
magnifier, Nylon brush, Magnet, Spatula, Box of plaster of
6. Evidence Recovery Personnel: Paris for casting or lifting foot marks, Goggles, Sifting screen,
a. Have significant evidence photograph before it is Funnels of different sizes, Ladder, Hand lens of magnifier,
collected. Weighting scale, Vernier caliper and micrometer, Scalpels
b. Keep team leader always apprised of significant evidence 4. Evidence Gathering Equipment - Rubber glove and cotton,
located. Box or filter, White cotton sheet, Cotton balls and swabs,
c. Initial and date all evidence and turn it over to the Fingerprint car, data card and ink cards, Photo data card,
evidence recorder/custodian after noting where the item Black and white latent print lifting cards, Rolls of lifting card,
was located. Complete magna brush kit, Complete dusting kit, Heavy duty
d. Coordinate evidence nomenclature with evidence rubber lifters, Camera whit no wide angel, normal and macro
recorder/custodian and sketch prepared. lens, Arson kit, Casting and molding kit, Electric engraver
e. Ensure that appropriate safety measures are adhered to 5. Miscellaneous - Rubber bands, Pencil, ball pens, pentel pen-
especially with respect to proper clothing including different color, Chalks, Permanent flat marker, Eraser, Stapler
gloves. with extra staple, Assorted paper clip and binders, Notebooks,
paper pads, sketch pads and drawing pads, Drawing
Equipment compass, Clippers, Magnetic directional compass, Carbon
1. Basic Equipment - Crime Scene tape or Rope (Police Line), papers and coupon bonds.
Measuring device e.g. ruler and measuring tape, Recording
materials e.g. chalk, sketcher and paper pad, Camera with INTERVIEW IN GENERAL
film, Video camera or tape recorder, Evidence collection kit,
Flashlight Interview Defined. - An interview is the questioning of a person
2. Evidence Containers - String tags-large and small, Evidence believed to possess knowledge that is in official interest to the
tape or masking tape, Roll of manila paper for wrapping, investigator.
Plastic gallon, ½ pint bottles/vials-plastic and glass, ¼ pint Importance of Interview. - Interview in crime investigation is very
bottles/vials-plastic glass, Absorbent cottons, Rolls of important considering that the person interviewed usually gives his
fingerprint tape, Plastic bags-different sizes, Paper bags- account of an incident under investigation or offers information
different sizes concerning a person being investigated in his own manner and words.
3. Tools - Pair of scissors, Knife-heavy duty and folding knife, Basic Assumptions: Nobody has to talk to law enforcers. No law
Adjustable wrench, Pliers, Wire cutter, Complete screw driver compels a person to talk to the police if he does not want to.
set, Saw, Hammer, Ax of hatchet, Shovel, Fingerprint Therefore, people will have to be persuaded, always within legal
and ethical limits, to talk to law enforcers. This makes interviewing
an art: SCIENTIFIC AIDS TO CRIMINAL INVESTIGATION
The Person Interviewed (Consider the following) The scientific tools a criminal investigator can use are:
g) His ability to observe. a. Fingerprinting (Dactyloscopy)
h) His ability to remember b. Photography
i) His ability to narrate. c. Forensic Chemistry
j) His mental weakness because of stupidity or infancy d. Medico-legal
k) His moral weakness because of drunkeness, drug addiction, e. Forensic Ballistics
his being a pathological liar or similar factors. f. Questioned documents examination
l) Emotional weakness resulted by family problems, hatred, g. Polygraphy
revenue, and love. h. DNA Analysis
The Interviewer’s Personal Traits
m) He must be a practical psychologist who understands the
human psyche and behavior. DNA: THE LATEST SCIENTIFIC TOOL
n) He has a sincere interest in people.
o) He is clam, has self-discipline, and keeps his temper. Deoxyribonucleic Acid (de–ak–si–ri–bo–n(y)u–kle–ik) - is a
p) He is courteous, decent and sensitive. chemical substance found in all cells of living organism whose
q) He is self-assumed and professional. He is tactful, i.e. he composition have been passed on from parents to offsprings. It
knows what to say when and how to say it. is called as the genetic or hereditary material. A person’s DNA
r) He is cordial and agreeable, and never officious. But he is the SAME in every cell. It is contained in blood, semen,
should avoid over-familiarity it. skin cells, tissue, organs, muscle, brain cells, bone, teeth, hair,
s) He is forceful, persistent and patient. Some people just saliva etc.
cannot be rushed.
t) He is analytical.
u) He is flexible and cautious.
v) He is a good actor and can conceal his own emotion.
w) He avoids third degree tactics and never deviates from the
fundamental principle that a person must be treated
according to humanitarian and legal precepts.
x) he keeps the rules of evidence in mind.
Murder
Homicide
Robbery
Hit and run
Extortion
Paternity cases
Identification of remains in mass disaster
1. Aid in determining the speed of the car prior to the accident or 3. DRAGGING THE CAR AS IT HITS SOME OBJECT
collision. The crumpling and smashing some of parts of
2. It will show if the vehicle was travelling in the wrong distance the car slows the car down rapidly.
or on the wrong side of the road. 4. DAMAGING OTHER CARS OR OBJECTS
3. It will indicate if the driver failed to observe the right of way. 5. SLIDING OTHER CARS OR OBJECTS ALONG THE
4. It will also show if the driver did not obey a traffic signal. ROADWAY.
6. VAULTING OR BOUNCING UP INTO THE AIR.
SKIDMARKS DO NOT SHOW ALL THE SPEED
Skid marks never show all of the speed of a car before the In many accident of course, other is evidence of terrific speed
accident happened. They show only how far the car would have had is the WRECKAGE (EXTENT OF DAMAGE), but there are no skid
to slide to stop in the distance shown by skid marks. marks at all because brakes were not put on hard enough to lock the
Evidence of additional speed. A car is somewhat going faster wheels.
and often faster is calculated from skid marks because in addition to In an accident in which brakes are put on just before contact
losing speed is sliding the distance shown by the skid marks, the car of vehicles, the skid marks maybe only two or three feet long and
also losses some of its speed on one or more of the following ways: therefore, show a speed of only five or six miles per hour. Whereas,
1. SLIDING WITH ONE OR MORE WHEELS BEFORE ANY the wreckage tells us that the total speed may have been ten times as
SKIDMARKS BEGIN TO APPEAR. great.
Dark clear skid marks do not appear until the In accident in which most of the speed is lost in skidding, the
tires have slid far enough to got hot enough to smear speed calculated from skid marks may come close to showing how
rubber or scar on the pavement. This is less true on such fast he car was actually going. Accidents involving pedestrians are
materials as gravel and dirt. the most common ones of this kind.
2. BRAKING WITHOUT SKIDDING In any accident in which great damage was done will skid
Before sliding begins marks show more than small part of the speed, often a very minor part
During gaps of it; but if the skid marks have been rightly identified and measured, it
After marks and before the car comes to rest can be said that the car was going faster than the speed calculated
from the skid marks, much faster if there was considerable damage.
THINGS THAT DETERMINE SKIDDING DISTANCE wheels are once locked, a greater weight of the vehicle,
How far a car will take to skid or slide to stop when all four which gives it greater momentum, also causes it to press
wheels are locked depends on many things. Three of these factors harder on the road surface and therefore, give it a
are important, and you must consider them in every estimate of corresponding greater drag from the pavement.
speeds based on skid marks.
3. TIRE TREAD
1. SPEED ITSELF IS BY FAR THE MOST IMPORTANT On the most ordinary surfaces, a smooth tire and
2. SLIPPERINESS OF THE PAVEMENT one with a deep tread pattern will stop the car in about
3. GRADE OR SLOPE OF THE ROAD UP OR DOWN. the same distance. On some other surfaces, particularly
Every driver knows, of course, that it takes much longer to on ice, a smooth tread is better because it distributes the
stop on pavements that are slippery, and that he can stop more weight over greater area.
quickly on an upgrade than downgrade road.
Of many other factors on which distance depends, none has 4. AIR PRESSURE
had a very great effect. Most of them will affect a calculated speed by Makes a very slight difference in stopping
only a few miles per hour. They therefore have a little effect on the distance. On ice, for example, soft tire will distribute the
speed calculated form the skid marks usually not more than a couple weight a little more and give somewhat better traction.
of miles per hour.
Among those other factors are the following: 5. TIRE MATERIAL
1. BRAKE PEDAL PRESSURE There is a slight difference between tires made of
When wheels are actually sliding, additional synthetic and those made of natural rubber.
brake pedal pressure will not make the stop any quicker.
Once the wheels have been locked and the car is sliding, 6. ROAD SURFACE
the brakes have done all they can in slowing the car and Of surfaces such as mud, snow, and on ice, tires
the grab of the pavement on the tires is what determines equipped with chains have a better road-gripping
how fast the car will slow down. capacity. On some hard pavements, however, chains
2. WEIGHT OF THE CAR may decrease road gripping capacity.
Makes a great difference in stopping distance
before the wheels lock, but once they have locked, it 7. DIRECTION OF SLIDES
makes a very little difference. It is true that it takes much Makes a slight but unimportant difference. A tire
greater pressure to lock the wheels on a vehicle when it will lengthwise except in materials so soft that it ploughs
is heavily loaded than it is empty. However, when the or sinks.
calculation depends upon the accuracy of these observations and
8. TEMPERATURE OF THE AIR AND ROAD SURFACE measurements.
9. AGAINST A HEAD WIND 1. Did all wheels slide or just some of them? It makes little
A car will slide a little farther from given speed difference if tire is sliding forward or sidewise.
with a tall wind than against a head wind, but this is not a 2. Are there any gaps in the skid marks? Be sure there are
matter of great importance. gaps caused by a release of brake pedal pressured and not
For most ordinary purposes, you do not have to skids caused by bounced.
consider those minor factors in establishing speeds from 3. What is the length of each skid marks around any curves; it
skid marks. may not make straight from beginning to the end in the
shortest line. You may want to consider two separate lengths
SPEED ESTIMATES for each skid marks. One of these is based on the part of the
Because the minor factors are neglected, we can not skid mark you can positively identify. It gives you speed
calculate speeds precisely. We only estimate them. Some of the which will be minimum beyond reasonable doubt. The others
minor factors would tend to give a higher speed and others a lower is a possible skid mark which will give you a more likely
speed, and they would partly balance or cancel out. speed. The first is all you can use in court, the second is
Sometimes all of the factors tend to give a high estimated often much useful in figuring out just what did happen in the
speed. Remember, in this connection, that skid marks do not show all accident.
of the speed and therefore, the probable actual speed is still greater 4. Use the length that the wheel skid, not the tire slid. Dual tires
than your estimate. which leave two marks are considered as one wheel, and the
skid mark length is counted if either tire on the wheel leaves
this mark.
FACTS NEEDED
To make a reasonably good estimate of speed, certain facts There are two ways of figuring the length of a slide if all on the
are needed. There must come from observations and measurements same kind of pavement. These are:
at the scene of the accidents. The accuracy of ht estimate or 1. STRAIGHT LINE
A slide is considered straight if both rear-wheel skid Unfortunately, many investigations are carelessly made. For
marks do not go off to one side of the front wheel skid marks. example, investigators may:
Use the length of the longest skid mark left by any wheel minus gaps 1. Fail to show whether all wheel slid.
in it. This method is possible because all wheels slide about the same 2. Fail to include in the sliding distance a skid shown by a
distance. We know that the brakes definitely have been applied shadow as well as that more clearly shown by the smear of
throughout the entire distance of the longest skid mark. the hot fire.
If one wheel does not slide as far as the others, still it was about to 3. Neglect to note whether they are gaps in
slide when the others began. The drag on the pavement by this 4. Fail to note whether the skid marks are straight or a spin.
wheel is about the same just before it begins to slide as when it is 5. Measure straight across from beginning to the end of a curve
actually sliding. It may even be greater. skid marks rather than around its length.
Therefore, we are usually safe in saying that all wheels are dragging If the facts are not all there, assumptions should have to be
as mush as if there were sliding wheel skid applies to motorcycles, made about the distance the car slid. For legal purposes, you may
trucks, truck and trailer combinations, and buses as well as ordinary assume only what may be true beyond responsible doubt. Hence,
motor vehicles. poor observations and measurements often leave you little value to go
2. SPIN on. Nevertheless, reasonable assumptions regarding conditions which
A slide is considering a spin if both rear wheel skid marks do more definitely observed in investigations may be very helpful in
get off to one side of the front wheel skid marks. Take the length of coming to a conclusion about what probably happened.
each skid marks minus gaps. Add the skid mark length for all wheels
and divide the numbers of wheels. This method is necessary in the 1. COEFFICIENT OF FRICTION – DRAG FACTOR
case of the spins, because some of ht wheels slid much farther than It is the measurement of the maximum frictional resistance of
other; that is, one end of the car may practically stand still while the pavements. It is equal to the force exerted when the wheels are
other sweeps around it. skidding divided by the weight of the car.
Use this method only when there is about the same weight on front Slipperiness of surface must also be known in order to calculate
and rear wheels; that is usually for ordinary cars, motorcycles, and speeds from skid marks. We tell what this slipperiness by a number,
light trucks with trailers or heavily loaded trucks having duel tires on usually decimal less than 1.00. When any object is sliding, the
the rear wheels. Uneven weight with a spin is a situation, which surface it slid on puts a friction drag on sliding tire that slows the car.
requires special calculations. This method gives you a figure for the A slippery movement creates a small friction drag and an abrasive
sliding distance of the vehicle. It is not necessary to compute it more pavement a big drag. If we divide the amount of friction drag in
accurately than to the nearest foot. For this length you may have two pounds by the weight of the car in the pounds, we get the number that
figures, one a positive distance and one a possible distance. describes the slipperiness.
for the letters representing them in the formula, and doing the
EXAMPLE: arithmetic involved, we have:
The drag of the pavement on the sliding tires of an automobile is 3, F = S2 / 30 (D) = 302 = 900 / 30 (40) = 0.75 / 1, 200
000 lbs.. The automobile weights 4, 000 lbs.. The number
representing the slipperiness of the pavement, or its friction drag, is Using a chart, which was especially designed to represent this
then 3, 000 divided by 4, 000 or 0.75. This friction drag factor or formula, is much easier than doing the arithmetic for it. To use it:
slipperiness number is called technically the “COEFFICIENT OF 1. Locate the test stopping distance on the D scale at
FRICTION”. You can measure the drag factor of a pavement by the left.
making a test skid which tells how far a car slides on that pavement 2. Locate the test speed on the S scale in the middle.
while stopping from a known speed. The drag factor or coefficient of 3. Draw a straight line through these two points and
friction can be determined by use of a formula. If we let “S” stand for extend to the right until it crossed the F scale at the
the speed in miles per hour from which the test skid is made and “D” right.
the distance in feet that car slides in coming to stop, then the drag 4. Read the friction drag on the F scale.
factor, which we call “F” will be: It is very important that the test skids to measure pavement
slipperiness be correctly made. You are unlikely to do it right without
F = S2 / 30 (D) special instruction or experience.
The “30” is the formula because speed is given in miles per At least two skids are desirable. Compute the slipperiness
hour and the distance in feet (transformation of feet per second to separately for each. Unless there are within 0.05 each other friction
miles per hour). It is called a constant because it stayed the same in calculated from any of several test skids made on the same paving.
all problems for which the formula is used. This is necessary if you want to be sure beyond reasonable doubt of
calculated speeds. Test skids made the same car that was in the
Thus, to find slipperiness number, F, we multiply this speed by itself accident are the best. They thus take care of some o the minor
and then divided by 30 times the stopping distance. You do not need factors such as the weight of the car, the tire material, the tread
to carry the division out more than two places to the right of the pattern, tire pressure and therefore , make the estimate more reliable.
decimal point.
EXAMPLE: 1. GRADE FOR SLOPE (GRADIENT)
On a test to measure pavement slipperiness, a car was So far, we have been talking only about level roads. You can
stopped in 40 ft. from 30 miles per hour. Substituting these numbers stop more quickly if you are going uphill than on a level road. But it
will take to longer to stop when going downhill. Hence, the slope or d. 1.5 x speed = length in feet covered before brake
grad of the road should also be considered. works for you.
However, the mere recovery of the vehicle does not always CLASSES OF HIT-AND-RUN DRIVERS
immediately establish the identity of the driver. a. Drunk
drivers
ELEMENTS OF HIT-AND-RUN CASES b. Criminals
a. You must prove suspect was fleeing from the scene of the crime.
driving the vehicle at the time of the accident. Even if you c. Improperly
have witnesses to prove this, get evidence to disprove his licensed drivers, or drivers with no license or with revoked
alibi. or expired license.
b. Suspect was involved in an d. Drivers who
accident resulting in death, personal injury or damage to fear publicity and prosecution.
property. e. Ignorance
c. Suspect failed to stop, give of the accident.
aid or information as to his identify to other person (s) f. Driver who
involved, to police or to anyone at the accident scene; or flees in panic
failed to take reasonable steps to notify the owner of g. Drug
damaged property other than a vehicle. Do not overlook the addicts.
possibility of a simulated second accident to explain damaged h. Insurance
caused by the first accident. or financial reasons.
d. Suspect had knowledge of i. Juveniles.
the accident.
1. Physical evidence PRELIMINARY STEPS
may prove the vehicle figured in the accident. a. Refer to checklist on Accident Investigation.
2. Extent of damage b. Obtain the best possible description of the car and
to vehicle. Extensive damage to vehicle would preclude driver.
allegation of lack of knowledge. If suspect refrained from 1. A good description may be obtained from
partial descriptions given by witnesses.
2. Get the license plate and any unusual 2. If the victim is killed, get samples of
features of the vehicle. uncontaminated blood from him at the
3. Concentrate on the car’s description first morgue and samples of hair, skin, etc.
4. Dispatch initial description and all 3. Collect and preserve for laboratory
subsequent information to the Headquarters examination, the clothes, shoes, and other
and to police agencies that may assist in items he was wearing at the time of the
spotting and stopping the suspect vehicle. accident.
5. Broadcast descriptions of the suspected car SPECIAL CRIMINAL INVESTIGATION
and river to all police units and offices.
6. Try to determine the damage to the feeling
HOMICIDE AND MURDER INVESTIGATION
car.
c. Appeal for information through local newspapers,
Homicide Investigation - It is the official inquiry made by the police
radio, T.V., etc.
on the facts and circumstances surrounding the death of the person
d. Carefully search the hit-and-run scene for physical
which is expected to be criminal or unlawful .
evidence.
1. These may include broken glasses and
Homicide
fragments, hubcaps, paint scrapping from hit-
Any person who, not falling within the provisions of Article 246
and-run car, other evidence such as dirt from
(Parricide) Revised Penal Code shall kill another without the
subject car, radiator ornament, etc.
attendance of any of the circumstances enumerated in Article 248
2. Carefully preserve and label all evidence
(Murder) RPC, shall be deemed guilty of homicide.
found at the scene.
The elements of homicide are:
3. Request laboratory study of evidence.
(1) A killing exist
4. Watch out for the possible return of the hit-
(2) The accused did the act without legal justification and with
and-run driver to the scene of the accident.
intent to kill
This has been known to happen.
(3) The killing is neither murder, parricide nor infanticide.
e. The Victim
Intent to kill is presumed if deaths results from the unjustified
1. Check his clothing; other parts of his body,
act. If death did not result from the act, intent to kill is essential to
tire marks, grease, paint chips, fragments,
prove attempted or frustrated homicide otherwise the crime may be
and such things that might have been left on
physical injuries only.
him by the suspect car.
Murder
Any person who, not falling within the provision of Article 246 Parricide
(Parricide) of the RPC shall kill another, if committed with any of the Any person who shall kill his father, mother, or child, whether
following attendant circumstances: legitimate or illegitimate, or any of his ascendants or descendants, or
1. With treachery, taking advantage of superior strength, with his spouse, shall be guilty of parricide.
the aid of armed men, or employing means to weaken the The elements of parricide are:
defense or of means or persons to insure or afford impurity. (1) A person is killed by the accused.
2. In consideration of a price, reward, or promise. (2) The person killed is the father, mother or child (not less than
3. By means of inundation, fire, poison, explosion, shipwreck, three days old), whether legitimate or illegitimate, or the
stranding of a vessel, derailment or assault upon a street car ascendant or descendant or the spouse of the accused.
or locomotive fall of an airship, by means of motor vehicles or The relationship with the other ascendant or descendant
with the use of any other means involving great waste and (grandfather or grandson) must be legitimate. The spouse killed
ruin. must be legitimate wife or husband. But the father, mother or child
4. An occasion of any of the calamities enumerated in the may be legitimate or illegitimate. If the child killed is less than
proceeding paragraph or of an earthquake, eruption of a three days old, the crime is infanticide.
volcano, destructive cyclone, epidemic, or any other public
calamity.
5. With evident premeditation.
6. With cruelty, by (deliberately and inhumanly augmenting the Responsibilities of a Homicide Investigator
suffering of the victim, or outraging or scoffing at his person or 1. Homicide investigator when called upon to investigate a
corpse. violent death, stand on the dead man’s shoes, to produce his
instincts against those suspects. Consequently, the zeal,
The elements of murder are: enthusiasm and intelligence the investigator brings in the
(1) A killing exists. case marks the difference between a murderer being
(2) The accused killed the deceased under any of the above convicted or set free.
circumstances qualifying the killing to murder. 2. If the investigator interprets an accidental death as due to
(3) The killing does not constitute parricide or infanticide. natural death and wisdom or the family may be deprived of
benefits and other properties which the deceased have
The circumstances that qualify the killing to murder must be alleged in sacrificed to obtain.
the information as otherwise the killing may be considered as merely 3. If he interprets a criminal death as accidental or natural, a
homicide. guilty person is otherwise set scot free.
The exhume body is difficult and expensive. The lapse of time
Note: Remember that the police is the first line of defense in the make s the examination doubtly difficult and a conclusion is
effective application of criminal justice. hard to arrive at. Cremation destroys body itself.
1. Motives and Attitudes The kinds of personality disturbances found in some young
Psychologically speaking, in terms of motives and function of addicts and heads cannot, in the current state of knowledge, be
drug use, some of which may not be recognized by users themselves. identified as brain damage or schizophrenia. It is more in the manner
The more a drug is used, the more it tends to satisfy more than one of character disorder. And the behavior may be the result of
motive or need. inadequate socialization, condition of child rearing and family
Recent surveys of college drug use have induces the students interaction. The few available facts about families of young abuser
reasons for drug use. In one study smaller or larger groups lend credence to this idea.
mentioned all of the following motives; In one broad study of New York’s high addiction areas, the
1. To feel more courageous. families of adolescent narcotics users showed the following
2. To find out more about oneself. characteristics:
3. To have a religious experience to come close to God. 1. Absent or weak father
4. To satisfy a strong craving or compulsion. 2. Overprotective, overindulgent and domineering mother
5. To increase or reduce appetite. 3. Inconsistent standards of behavior, lack of definition of limits
6. To feel less dull or sluggish, improve sex. 4. Hostility or conflict between parents
7. To reduce sexual desire and keep from being panicked or crazy. 5. Unrealistic aspiration for children
8. To improve intelligence or learning, prepare stress.
9. To feel less depress of sad, relieve tension or nervousness D. The Psycho-Social Factors
10. To make good moral mood last longer, relieve anger or irritation 1. Personality Disorder - Drug abuse is a manifestation of an
underlying character of personality disorder. Thus majority of the drug
2. Personality and Pathology users are fundamentally immature, emotionally childish, insecure or
This psychology has been described as follows: are suffering from problems of adolescence.
1. Chronic, low-grade depression. 2. Social Disorder - A sign or symptom of family problem involving
2. Smoldering, tense and restlessness. parent – child relationship, peer pressures, unethical values.
3. A sense of not being taken seriously. Drugs use does not also occur in isolation of other
4. Narcissism or egocentricity. environmental factors but rather, is greatly influenced by these factors.
Some of the sociological factors also influenced drug use is as high 4. Gluttony – “food trip” in the lingo of junkies
toll. 5. Greed – wealth, fame, recognition as exemplified by people under
a. Availability of over-the counter and prescription drugs pressure in their work of art, such as musicians, actors, athletes who
variety of drugs available for different ailments. indulge in drug abuse.
b. Influence of media-advertisement message that all 6. Envy – to get attention from someone: as a sign of protest envy is a
aliment can be cured through the use of chemical major cause of drug abuse.
substances toward messages and help to create the 7. Laziness –“ I can’t syndrome”, incapacity to achieve – the breeding
acceptance of drugs. ground of drug abuse. Boredom coupled with poor self-image.
c. Impact of affluent lifestyle or of high employment.
d. Effect of increased travel and exposure to different How Addiction is acquired?
culture and social values People have generally different motivation in life. The young
e. Modeling, if parents or key influence are drug users, ones are very much adventurous and some of them have strong
young persons often tend to model the behavior they attraction in Drug-taking, because these “Space are era belongs to
are at home. them so to speak, thus, the “IN” thing these days are drugs. To see
f. Social pressures exerted by peers drug abusers around seemed to be of a common sight.
g. Collapse of religious values
h. Alienation and enemies feeling of powerless The drug habit is acquired in three ways:
i. Lower value on academic achievement 1. Association
E. Other Factors 2. Experimentation
1. Ignorance, curiosity 3. Inexperienced doctors
2. Laxity of government and other authorities Likewise, addiction may be acquired through:
3. Mass media influence 1. Habituation – closely related to euphoric effect, and
4. Nature of society resulting in the increased violent behavior the relief of pain or emotional discomfort.
for youth. 2. Toleration – the necessity to increase the dose to
F. The 7 Deadly Sins - Primary Causes of Drug Abuse obtain an effect equivalent to the original dose.
1. Pride – excessive feeling of self-worth or self-esteem, sense of self- 3. Dependence – the altered physiological state
importance. brought about by the repeated administration of the drug,
2. Anger - unexpressed, deep-seated anger against himself, his which necessitates the continued use of the drug to avoid
family, his friends or the society in general. withdrawal syndrome.
3. Lust – burning sexual desire can distort the human mind to drug
abuse. What are the Group Classifications of Drug Abusers?
1. Situational Users – those who use drugs to keep them awake or 7. pale face, red eyes, dilation or constricted pupils, wearing
for additional energy to perform an important work. Such individual sunglasses at wrong places
may or may not exhibit psychological dependence. 8. change from active to passive and withdrawn behavior
2. Spree Users – school age users who take drugs for “kicks’, an 9. secretive about money, disappearance of money and other
adventurous daring experience, or as a means of fun. There may be valuables from the house
some degree of psychological dependence but little physical 10. friends refusing to identify themselves or hang up when you
dependence due to the mixed pattern of use. answer the phone
3. Hard Core Addicts – those, whose activities revolve almost 11. overreaction to mild conditions
entirely around the drug experience and securing supplies. They show 12. smell of marijuana, sweetish odor, like a burned rope in the
strong psychological dependence on the drug. clothes or room, etc.
4. Hippies – those who are addicted to drugs believing that drug is 13. symptoms of nausea, vomiting, diarrhea, tremors, muscular
an integral part of life. aches, insomnia and convulsions, etc.
14. presence of :
DETECTION OF DRUG ABUSERS a. butt from marijuana joint
Detecting a drug user is not an easy task. The signs and b. holders (i.e. pipe clips) for the joint
symptoms of drug abuse, especially in the beginning stages can be c. presence of leaves, seeds in pockets or lining
identical to those produced by conditions having nothing whatsoever d. rolling paper, pipes, “bong” in closet or pocket
to do with drugs. e. cough syrup bottles, capsules, syringes, etc.
It is always necessary to exercise certain prudence before f. visines or Eye-Mo bottles to treat red eyes
drawing conclusions. Some judgments may only hurt the individual; if g. devices for hiding drugs like trash cans, soft
he is innocent and one may lose his love and trust. Only after drinks bottles
observing calmly and patiently his behavior, appearance and h. presence of other pills like valium, artane, other
associations, may one pass judgment and act. tranquilizers
To detect a drug abuser one should observe the following: i. presence of physician’s prescription pad in blank
1. neglect of personal appearance form
2. diminished drive, lack of ambition
3. reduced attention span IDENTIFICATION OF DRUG ABUSER
4. poor quality of school work The following markers can help in identifying them:
5. impaired communication skills 1. Change in interest – they lose interest in their studies and in
6. less care for the feeling of others, lessening of accustomed their work. They fail in school, shift from one course to another,
family warmth transfer of school of lower standard until eventually drop out.
2. Frequent shifting of mood – they are euphoric, elated and degree of objectivity are two requirements for a good observer. To be
sometimes even ecstatic when under the influence of drugs. They an effective observer, the observer should not let his own personal
would be indifferent, irritable and even hostile when the effect of judgements and reactions affect his observations. He should exercise
drug is waning from the system. care in his observation such that the suspected drug abuser is not
made aware of being observed.
3. Changes in behavior – they usually spend a lot. They are usually
in the company of known drug users in the community. They 2. HISTORY TAKING
come home late; they become disrespectful and would sell
personal or family valuables. A. Collateral Information (Interview with information)
4. Changes in physical appearance – if they can be seen while still The best information is from the patient himself, but collateral
under the influence of drugs the following can be noted: information is necessary. Ideally, a parent or close relative or a
The following can also help in identifying drug abusers. close friend should be present to furnish useful details as to the
a. They know the lingo of the abusers, i.e. OMAD. Chongki, different changes observed in the patient that made them suspect
Bitin, etc. the subject is abusing drugs. These changes may be in his
b. Presence of linear scar in the arms, forearms and appearance, behavior, mood, or interest.
abdomen. Added information
c. Lobule of left ear punctured and some of the males even 1. If subject’s “barkadas” are also known drug
wear earrings. abusers in the community.
2. He knows the language of drug dependents.
PROCESS OF DETECTING DRUG ABUSERS 3. Seeing in his room, books or in his belongings or
in his possession empty bottles of cough syrups,
The detection of drug abuse involves five processes namely: empty medicine foils, MJ sticks or rolling paper.
a. Observation B. Interview with patient
b. History taking Inquire regarding the drugs being abused, onset of his drug
c. Laboratory examination taking activity, reason for abusing drugs, how he supports his
d. Psychological examination vice, etc.
e. Psychiatric evaluation
3. LABORATORY EXAMINATION
1. OBSERVATION Accurate laboratory examinations cannot be performed by any
Observations of the signs and symptoms of drug abuse may take ordinary chemist since detection of dangerous drugs requires
relatively a long period of time. Good sensory equipment and a high
sophisticated equipment and apparatus, special chemical reagents examination to determine whether or not a patient is
and most of all, the specialized technical know-how. suffering from psychiatric disorder.
Heart and Muscles - Alcohol affects the heart and other muscles so Alcohol effect on General Behavior
that they become weaker and less effective. This makes people tired Drinking affects a person’s behavior. Most of the changes are
and breathless. due to the effect of alcohol on the brain and nerves. The effects of
Blood - The activity of the liver I trying to get rid of the alcohol results alcohol depend on how much there is in the blood. A large person has
in many changes to the blood – for example – blood sugar is lowered to drink more than small person to produce the same level of alcohol
and blood fats are increased. in the blood.
Kidneys - Alcohol decreased the ability of the kidneys to get rid of
some waste products. Alcohol Effects on the Community
Because drinking affects people’s behavior, it has effects on Alcohol Dependence
the community as a whole. A person who drinks a lot can become a dependent on
a. Trouble in the Home – Heavy drinkers takes money needed alcohol. This means he can not live without it. If he tries to stop
for food, clothes and furniture. This causes debts. Husbands drinking, he will have the shivers and shakes and feels very bad. He
and wife fight and accuse each other of being unfaithful. may also experience acute anxiety or fear, delirium and hallucinations.
There will be often be sexual problems. Children are badly
treated and badly fed. And drinking makes people lazy and Prevention of Alcohol Problem
they may not go to work. Women may have to steal food to Solely treating people with medications can not control
feed their families. problem drinking and alcoholism. Treatment should be coupled with
b. Trouble among Friends – The heavy drinker will often fight proper education both in the schools and in the adult community to
with his friend and may even kill people. develop the nation habits of moderation in the use of alcoholic
c. Trouble at Work – The heavy drinker often does not go to beverages. It requires investigation and testing of social policies on
work because he feels sick. He sometimes works badly and the control of the distribution of alcohol as well as the effective
hurts himself or others. implementation of these prevention policies.
d. Trouble at Play – Heavy drinkers has a bad effect on
sportsmen. Because alcohol affects the brain, the drinker can
not control his arms and legs well. A sportsman who has been TOBACCO
drinking can not play well as he should. Facts about Tobacco Smoking
e. Trouble on Roads – The driver has lost his judgement, he is The use of tobacco is one of the foremost public health
careless and takes risks. Accidents result. A person who is problems in the world today. Tobacco had for centuries been used all
drunk may walk onto the road and be killed by a motor over the world as a way of increasing the enjoyment of life or as an
vehicle. aid in coping with some of its problem. The World Health Organization
f. Trouble with Crime – excessive drinking is the biggest estimates that around the world one person dies every 13 seconds
cause of crime. People become aggressive, fight, break into from tobacco-related diseases. Doctor’s cite 50,000 scientific studies
houses and steal. from various independent bodies that have proved beyond doubt that
g. Trouble with the Economy and the Nation - The economy smoking is responsible for around 90% of all cases of lung cancer,
is badly affected when people do not go to work and 95% of all cases of chronic bronchitis and emphysema, and 25% of
production falls. Heavy demands are made on health heart conditions in men under 65 years of age.
services, the police force and correctional institutions. The World Health Organization Advisory Panel on Smoking
Alcoholism is burden to the government. and health estimates that at least two million of 30 million Filipinos
under 20 years of age today will eventually be killed by smoking.
Smoking threatens not only the adults, but also children – born and Increases in
unborn. The Philippine Obstetrical and Gynecological Society notes Cardiovascular heart attack risk with amount smoke
that premature in infants of mothers who smoke is three times more System Increases heart
common than in mothers. Spontaneous abortion is likewise more rates 15-25 beats with one to
common in smoking mothers. two cigarette.
Too often, the smoking habit begins in the early teens or even Constricts small
earlier. Becoming a smoker may have the immediate value to some arteries causing higher blood
teenagers of being accepted by their peers, feeling more mature pressure.
because smoking is an adult behavior to the child providing level of Increases
psychological stimulation and pleasure and might even serve the
chance of developing peripheral
function of an cat of defiance to authority figures.
vascular
diseases.
General Effect of Tobacco Smoking
The effects of tobacco smoking consist primarily of ill-health Causes carbon
and of human suffering. These necessarily, too, the productivity of the monoxide from smoke to rob
work force, the need for medical care and other variables. Thus oxygen carrying
smoking impairs society’s total well-being and posses substantial potential of blood.
economic loss to the nation. Causes
increase of free fatty acids in blood
Properties of Tobacco which
Cigarette smoke contains over 2,000 different chemicals and may be related
gases whixh can produce coughing, broncho spasm, increased to heart attack.
mucus secretion. Respiratory Increases risks
NICOTINE – It is the most important active ingredient in System of developing lung cancer ten-fold for the
controlled doses. It is an extremely toxic substance. A typical cigarette average of one pack a day smoker.
contains 1-2 mg of nicotine. When smoked, less than 1 mg from each Increases lung
cigarette is filtered or not depending on the characteristics of the filter, cancer risk with amount, with length of
the depth and frequency of inhalation and the length of the butt. time smoked and early age starting.
Major factor
Effects of Smoking on the Following identified in the development of lung
cancer
Only one in Over all Greater incident of infant pre-maturity and
twenty lung cancer victims is saved from Morbidity and mortality.
death per year Mortality Life expectancy is expected to reduce by
Lung cancer about 14 minutes per cigarette smoked.
deaths slightly exceed traffic deaths per Reproductive Women who smoke during pregnancy
year System increase the risk of still birth and prenatal
A major cause mortality, and the child physical and
of chronic bronchitis intellectual is delayed
Increases risk Women who smoke causes menopause
of dying of chronic bronchitis and in early age than in normal.
emphysema about six fold. Male smokers, penile arteries become
Tends to constricted bringing about slower erection
paralyze bronchial cilia and stimulate time, impotence in 1 in 4 heavy smokers
production of mucus. Eventually destroys versus 1 in 12 non- smokers. Smoking
ciliary structure cleansing system fathers may beget children who may
predisposing to respiratory infections suffer from brain tumor, leukemia and
Increases in other abnormalities due to decreased
abnormal cell growth in bronchial tube number of spermatozoa.
walls with increase in basal cell layers
and thickening Measures to Reduce Smoking
Causes closing Government support of anti-smoking campaign demonstrates
of the bronchi, reducing effective commitment to the eradication of health problems related to smoking
breathing space. and public influences and attitudes to smoking. Successful programs
to reduce the prevalence of tobacco use by young people need a
combination of legislative measures and health education including:
Increased Increase cancer of the larynx, the mouth, prohibition of sales in minor
Mortality from bladder and the esophagus. prohibition of smoking in schools and other places frequented
other Causes Increase in ulcer deaths, death from by the young
cirrhosis. restriction on advertising and promotion of tobacco products
Increase in kidney problems. especially those aimed at young people
health education at both primary and secondary levels of 2. Sale, Trading, Administration, Dispensation, Delivery,
schools Distribution and transportation of Dangerous Drugs
use of fiscal policies to increase the price of tobacco products and/or Controlled Precursors and Essential Chemicals;
health warnings on cigarette packets 3. Sale, Trading, Administration, Dispensation, Delivery,
Collaboration with the media to deglamorize the image of the Distribution and transportation of Dangerous Drugs
smoker. and/or Controlled Precursors and Essential Chemicals;
4. Maintenance of a Den, Dive or Resort where
NARCOTIC INVESTIGATION dangerous drugs are used or sold in any form;
Since narcotic use has direct link with criminal activities, 5. Being an employee or visitor of a den, dive or resort;
investigation of this must be specialized. The following are some 6. Manufacture of dangerous Drugs and/or Controlled
reasons why it has to be investigated in a specialized manner: Precursors and Essential Chemicals;
1. Illicit drug underworld is specialized and syndicated. 7. Illegal Chemical Diversion of Controlled Precursors and
2. The underworld organization is composed of and Essential Chemicals;
operated by selected and highly proficient members of 8. Manufacture or Delivery of Equipment, Instrument,
the elite. Apparatus and other Paraphernalia for Dangerous Drugs
3. Drug addicts are clannish and they represent a rare and/or Controlled Precursors and Essential Chemicals;
group of individuals. 9. Possession of Dangerous Drugs;
4. Drug abusers and or addicts have their own lingo and 10. Possession of Equipment, Instrument, Apparatus and
way of life. other Paraphernalia for Dangerous Drugs; Possession of
5. The illicit drug trade is completely underworld in dangerous Drugs during Parties, Social Gatherings or
conception and operation capable to espionage or Meetings;
subversive operations; it is a hidden crime where there is 11. Possession of Equipment, Instrument, Apparatus and
rarely a complainant. other Paraphernalia for Dangerous Drugs during Parties,
Social Gatherings or Meetings;
Considerations in Narcotic and Investigation 12. Use of Dangerous Drugs; Cultivation of Plants
classified as dangerous drugs or are sources thereof;
The Violation 13. Failure to comply with the maintenance and keeping of
a) Republic Act No. 9165 (The Comprehensive Dangerous Drug the original records of transaction on any dangerous
Act of 2002) - Under this law, the following are punishable: drugs and/or controlled precursors and Essential
1. Importation of Dangerous drugs and/or Controlled Chemicals on the part of practioners, manufacturers,
Precursors and Essential Chemicals; wholesalers, importers, distributors, dealers, or retailers;
14. Unnecessary Prescription of Dangerous Drugs; 3. If he is selling, determine his clientele. Get their names
15. Unlawful Prescription of Dangerous Drugs and other personal circumstance.
4. Determine, if possible, his source of supply, their names,
The Violators – The Persons of Importance addresses, etc.
a) The Addict or User - A “user” is one who injects, 5. Determine the number of times that he had been arrested
intravenously or intramuscularly, or consumes, either by and charged for the same offense.
chewing, smoking, sniffing, eating, swallowing, drinking, or 6. If he is a recidivist, state so in the complaint or
otherwise introducing into the physiological system of the information to be filed.
body, any of the dangerous drugs. An “addict” is one who
habitually uses dangerous drugs. c. The Narcotic Evidence
1. Determine his history. These include opium and its active components and
2. Has he just used or administered the drug? Get urine derivatives, the coca leaf and beta eucaine, and the hallucinogenic
and, if possible, blood samples for analysis within 24 drugs. It includes all preparations made from any of the foregoing and
hours after administration. other drugs and chemical preparations; whether natural or synthetics,
3. Is he in possession of the drug? with the physiological effects of a narcotic or a hallucinogenic drug.
4. Determine the reason for possession. Is it for sale or for
own consumption? Opium and its derivatives
5. If possession is for reason other than personal use, he
must be accordingly charged under RA 6425. “Opium” refers to the coagulated juice of the opium poppy
6. Is he suffering from the signs and symptoms of drug and embraces every kind, character and class of opium, whether
abuse? This will guide the investigator to determine crude of prepared; the ashes or refuse of the same; narcotic
whether the violator is an addict or not. prepared; the ashes or refuse of the same, narcotic preparations
thereof or therefrom; morphine or any alkaloid of opium; preparations
b) The Pusher - “Pusher” refers to any person who sells, in which opium enters as an ingredient; opium poppy; opium seeds;
administers, delivers, or gives away to another, on any terms opium poppy straw; and leaves or wrapping of opium leaves, whether
whatsoever, or distributes or dispatches in transit or transport prepared for use or not.
any dangerous drug or who acts as a broker in any such Field test: Burn a small quantity of the suspected substance.
transaction. The odor or smell is similar to burnt banana leaves or has a sweetish
1. Ordinarily, he is an addict himself. odor.
2. If not an addict, determine the reason for his possession Morphine – the drug varies in different forms such as:
of the drug. Is it for sale, for giving away, etc.?
Powder – white, odorless granulated powder with a very liberated are removed with chloroform. The aqueous solution is then
bitter taste. Sometimes however, illicit traffickers add concentrated, neutralized, and cooled with ice, whereupon methyl
color to deceive investigators. ecgonine sulfate crystallizes. Upon adding water and sodium
Block – with embossed marks like “999” “555” “AAA” hydroxide, methyl benzoyl ecgonine or cocaine is precipitated. The
“1A”, etc. with “Lion”, Elephant”, “Tiger/Dragon” brands. cocaine is extracted with ether and the solution concentrated to
Licit morphine used for medical purposes invariably crystallization. For the purification of cocaine, re-crystallization from a
comes in powder form, tablets, capsules with the brand mixture of acetone and benzene is generally preferred.
name of the manufacturer. Solubility - 1 gm dissolves in about 600 ml of water, 7 ml of alcohol,
Heroin (Dimorphine Hydrochloride/ Diacetylmorphine) is a white, 1 ml of chloroform, 3.5 ml of ether, and is very soluble in warm
odorless, crystalline powder with a very bitter taste. Heroin is the alcohol.
hydrochloride of an alkaloid obtainable by the action of acetic Uses - Cocaine was the first local anaesthetic to be discovered. At
anhydride or morphine. The alkaloid base may be made by treating present, it is considered too toxic for any anaesthetic procedure
morphine with acetyl chloride, washing the product with a dilute requiring injection, but is still extensively employed for anesthesia of
alkaline solution and crystallizing from alcoholic solution. the nose and throat. For this purpose, a 10 % solution of the hydro –
NOTE: Both heroin and morphine may be sold by pushers in chloride is used.
bundle containing about .03 gram of powder. The price will Cocaine is a central stimulant, but is never employed clinically for this
depend on supply and demand. purpose. Addiction and a certain amount of tolerance result from its
use. Because of its properties, the sale of cocaine is prohibited in the
Cocaine (Methyl ecgonine). Cocaine (C12 H 21n O4) is an alkaloid Philippines.
obtained from the leaves of Erythorxylon coca and the other species Cocaine also comes in the form of salt crystals, known as
of Erthroxlon Linne, or by synthesis from ecgoine and its derivatives. “crack” and usually sold in packets. This is the American counterpart
Preparation - It may be made by moisturizing ground coca leaves of the local “shabu” or methamphetamine hydrochloride.
with a sodium carbonate solution, percolating with benzene or other
solvents such as petroleum benzene, shaking the liquid with diluted Marijuana (Cannabis Sativa)
sulfuric acid, and adding to the separated acid solution and excess of Marijuana is a seasonal plant grown from seed. Depending
sodium carbonate. The participated alkaloids are removed with ether, on soil and weather condition, it grows approximately 20 feet. The
and after drying with sodium carbonate, the solution is filtered and the leaves come in clusters of 3,5,7,9 to 13 leaflets. The leaflets are
ether distilled off. The residue is dissolved in methyl alcohol and the elongated with the tip pointed and the sides serrated.
solution heated with sulfuric acid or with alcoholic hydrogen chloride. Manicured or grounded leaves and flowering tops – Although
This treatment splits off any acids from the ecgonine and esterifies the dried and grounded, they will retain their greenish color.
carbozyl group. After dilution with water, the organic that have been
Reefers or cigarettes known as “joints” and other names – Intermediate acting barbiturates – take effect
These are hand-rolled in cigarette paper, irregular and slim with both with in 15 to 30 minutes and last up to 6 hours, e.i.
ends tucked in or twisted. amobarbital and butabarbital.
Short acting barbiturates – take effect with in 10
Hallucinogen Drugs to 20 minutes and last up to 6 hours, e.i.
These are the drugs that are capable of creating Pentobarbital and secobarbital.
hallucinations in the mind of the taker such as Lysergic acid Ultra short barbiturates – take effect with in 45
diethylamide commonly known as LSD and other drugs falling under seconds and last up to 30 minutes, e.i. thiopental
this category are DMT, STP, peyote and morning glory seeds. sodium.
Note: Slang Terms of Barbiturates
Synthetic Drugs Pentobarbital – “yellow jackets” - Secobarbital – “red devils” -
Those having the same physiological action as a narcotic Amobarbital – “ blue devils/ blue birds”
drug, such as methadone and demerol. Amosbarbital – “ rainbow/ double trouble”
Note: Under FDA law, it is illegal to sell these drugs without
Other Dangerous Drugs prescription. There is no illegal possession charge under the
These include self-inducting sedatives, such as seconbarbital, FDA law, but under RA 6425, there is such a violation.
phenobarbital, pentobarbital, amobarbital, salt or a derivative of a salt Amphetamines – Stimulate the central nervous system and have
of barbituric acid: and salt, isomer or salt of an isomer, of the ability to combat fatigue and sleepiness. These are also known at
amphetamine, such as benzedrine of dexedrine, or any drug which uppers.
produces a physiological acting simlar to amphetamine; and hypnotic
drugs, such as methaqualone, nitrzepam or any other compound Chemical Names
producing similar physiological effects. a. Amphetamine Sulfate
b. Dextroamphetamine Sulfate
Barbiturates – Manufactured synthetically as salts of barbituric acid. c. Methamphetamine Hydrochloride
All names of these drugs are in al, such as pentobarbital, secobarbital Amphetamines come in varied forms, colors and shapes. Examples of
(seconal), amobarbital, phenobarbital, barbital, etc. amphetamines are benzedrine or the “bennies”, dexedrine or the
“dexies”, and the methedrine known as the “meatballs”. Shabu is the
Categories according to Effects most widely known amphetamine in the country today. The compound
Long acting barbiturates – take effect with in 30 (methamphetamine hydrochloride) is also known as “poor man’s
to 60 minutes and last up to 8 hours, e.i. cocaine”. The latter term, however, is misleading because although
Phenobarbital
cheaper than that cocaine, shabu is nonetheless expensive as 5. Where another officer later takes the seizure – as in during
compared to other drugs such as marijuana or solvents. questioning – that drug is shown to suspect during
The Volatile Substances – also called the Inhalants, Solvents or questioning – that officer should continue the chain of
Deliriants. This are chemicals which when sniffed can produce identification by placing his initials on the label.
intoxication effects such as gasoline, kerosene, thinner, paint, etc. The 6. Few parties as possible should hold the seized drug. A
most popular among them is the solvent rugby. These chemical permanent written record of the movement of the seizure,
substances are significant in narcotic investigation because of their noting time, dates and signatures or receiving parties should
intoxicating symptoms that do not produce alcoholic breath. be maintained.
7. As soon as after seizure, the drug should be sealed in a
HANDLING NARCOTIC EVIDENCE container in such a way as to prevent loss or tampering with.
Evidence handling The seal should be affixed in such a way that it will be
Physical evidence of various types can do must to augment impossible to open the container without breaking the seal.
the inevitable oral evidence in a prosecution involving drugs. The The seal should bear the same identification as the seizure
investigator should be constantly on alert to obtain physical evidence itself.
during an inquiry for presentation in court. 8. The officer in the area designated by his command should
Drug seizures - One officer, preferably the officer who made the retain the seizure, the security of which will satisfy the
seizure, should be detailed to take charge of the drug found. The scrutiny of the court.
following procedure should guide him: 9. Where the nature of the seizure requires special storage
1. Identify the seizure in some permanent way using markings conditions or facilities, this should be arranged and the
or non-removable labels or wax-sealed tie on tag. security of the seizure maintained.
2. The identification should give detail of the time, date and 10. At the first opportunity, the officer should himself deliver the
place of seizure, and the name of the owner or suspect where seized drug/s to the laboratory for examination.
an arrest had been made. 11. If the commitments of the officer holding the seized drug/s are
3. The officer should complete the identification of the seizure by such that he cannot travel to the laboratory, he should hand
placing his initial or signature on the identifying label. the same to another officer who should make the delivery
4. Where a suspect charged demands a sample of the seized personally.
drug for independent analysis, the desired sample should be 12. If personal delivery is not possible, the seized drug(s) should
place in a suitable container. It should then be sealed in such be carefully packed in a parcel, which is then sealed. This
a way as to prevent tampering preferably with the signature of should be adequately addressed and shipped by certified
the suspect and the officer appearing on the seal. delivery mail.
Photographs - A permanent written record should be kept relating to the initiation of all investigation proceedings concerning drug cases,
photographs taken in the course of an investigation, noting the time, absorbing all drug enforcement units of the other governmental
date and place of the photograph, its subject the weather condition at agencies like the National Bureau of Investigation, the Philippine
the time it was taken. The technician might also note details of film National Police, the Bureau of Customs and other agencies and
and camera operations. Several prints of each photograph should be bureaus with drug investigation divisions.
obtained, and on one copy, these details should be recorded together As mandated by law and here quoted, the PDEA shall “create
with the name of the officers who can “prove” the photograph. The and maintain an efficient special enforcement unit to conduct an
other print copies be retained unmarked for possible submission to investigation and file charges and transmit evidence to the proper
court. Photographs of, for instance, a meeting between two offenders court”. Proper handling of drug evidence is necessary to obtain the
can adduce valuable corroborative evidence. maximum possible information upon which scientific examination shall
Documents - Documents that may become evidence in a prosecution be based, and to prevent exclusion as evidence in court. Drug
should be retained in their original form. They should be treated in specimens, that truly represent the material found at the scene,
much the same manner as drug seizures with regard to identification, unaltered, unspoiled or otherwise unchanged in handling, will provide
and it is suggested that all under whose supervision this is done can more and better information upon examination. Legal requirements
later “prove” the original, particularly incases where returned to a make it necessary to account for all physical pieces of evidence from
person for production later in court. the time it is collected until it is presented in court. With these, the
Investigative Records - Records in this particular category include: following principles should be observed in handling all types of
1. Information on a suspect of drug movement evidence in narcotic investigation:
2. Results of background inquiry on a suspect 1. The evidence should reach the laboratory as mush as possible
3. The log or running sheet kept on investigator and in same condition as when it is found.
suspect movement during surveillance or arrest 2. The quantity of specimen should be adequate. Even with the
4. Investigator’s notebooks and diaries best equipment available, good results cannot be obtained
5. Investigator’s notes of conversations, events or from insufficient specimens.
interviews 3. Submit a known or standard specimen for comparison
purpose.
DRUG INVESTIGATIVE PROCESS 4. Keep each specimen separate from others so there will be no
intermingling or mixing of known and unknown material. Wrap
Roles of the PDEA and seal in individual packages when necessary.
Drug investigation in the Philippines is under the concern of 5. Mark or label each piece of evidence must be maintained.
the Philippine Drug Enforcement Agency (PDEA) being newly created Account for evidence from the time it is collected until it is
and organized. The agency has one among its powers and functions
produced in court. Any break in this chain of custody may The investigator begins the process of recording pertinent
make the material inadmissible as evidence in court. facts and derails of the investigation the moment he arrives at the
Generally, the recognition, search, collection, handling, crime scene. (He should record the time when he was initially notified
preservation and documentation of evidence in narcotic investigation prior to his arrival). He also writes down the identification of person
rest upon the quality of people involved in the activity which they involved and what he initially saw. He also draws a basic sketch of the
follow certain guidelines for investigative success. Below is an crime scene and takes the initial photographs. This is to ensure that
illustration of a basic procedure in narcotic investigation focused in the an image of the crime scene is recorded before any occurrence that
crime scene: disturbs the scene. As a rule, do not touch, alter or remove anything at
Procedure at the Crime Scene the crime scene until the evidence has been processed through notes,
Upon Arrival at the Crime Scene sketches and photographs, with proper measurements.
1. Record time/date of arrival at the crime scene, location of the
scene, condition of the weather, condition and type of lighting Searching for Evidence
direction of wind and visibility. 1. Each crime scene is different, according tot he physical
2. Secure the crime scene by installing the crime scene tape or nature of the scene and the crime or offense involved.
rope (police line) Consequently, the scene is processed in accordance with the
3. Before touching or moving any object at the crime scene prevailing physical characteristics of the scene and with the
determine first the status of the victim, whether he is still alive need to develop essential evidentiary facts peculiar to the
or already dead. If the victim is alive the investigator should offense. A general survey of the scene is always made,
exert effort to gather information from the victim himself however, to not the location of obvious traces of action, the
regarding the circumstances of the crime, while a member of probable entry and exit points used by the offender(s) and the
the team or someone must call an ambulance from the size and shape of the area involved.
nearest hospital. After the victim is remove and brought to the
hospital for medical attention, measure, sketch, and 2. In rooms, buildings, and small outdoor areas, a systematic
photograph. search of evidence is initiated, (In the interest of uniformity, it
4. Designate a member of the team or summon other policemen is recommended that the clockwise movement be used). The
or responsible persons to stand watch and secure the scene, investigator examines each item encountered on the floor,
and permit only those authorized person to enter the same. walls, and ceiling to locate anything that may be of evidentiary
5. Identify and retain for questioning the person who firs notified value. He should:
the police, and other possible witnesses. give particular attention to fragile evidence that may
be destroyed or contaminated if it is not collected
Recording when discovered,
if any doubt exists as to the value of an item, treat it Collecting Evidence - This is accomplished after the search is
as evidence until proven otherwise, completed, the rough sketch finished and photographs taken. Fragile
carefully protect any impression of evidentiary value evidence should be collected as they are found.
in surfaces conducive to making casts or molds, Removal of Evidence - The investigator places his initials, the date
note stains, spots and pools of liquid within the scene and the time of discovery on each item of evidence and the time
and treat them as evidence, discovery on each item of evidence for proper identification. Items that
proceed systematically and uninterruptedly to the could not be marked should be placed in a suitable container and
conclusion of the processing of the scene. The sealed.
search for evidence is initially completed when, after Tagging of Evidence - Any physical evidence obtained must tagged
a thorough examination of the scene, the rough before its submission to the evidence custodian.
sketch, necessary photograph and investigative note Evaluation of Evidence - Each item of evidence must be evaluated
have been completed and the investigator has in relation to all the evidence, individually and collectively.
returned to the point from which the search began. Preservation of Evidence - It is the investigator’s responsibility to
3. In large outdoor areas, it is advisable to divide the area into ensure that every precaution is exercised to preserve physical
strips about four (4) feet wide. The policeman may first search evidence in the state in which it was recovered until it is released to
the strip on his left he faces the scene then the adjoining the evidence custodian.
strips. Releasing the Scene - The scene is not released until all
4. It may be advisable to make a search beyond the area processing has been completed. The release should be effected at
considered to be immediate scene of the incident or crime. the earliest practicable time, particularly when an activity has been
For example, evidence may indicate that a weapon or tool closed or its operations curtailed.
used in the crime was discarded or hidden by the offender Pointers to Consider in Sketching the Crime Scene
somewhere within a square-mile area near the scene.
5. After completing the search of the scene, the investigator 1. To establish admissibility, the investigator must have
examined the objects or persons involved. had personal observation o the data in question. In other
words, the sketch must be sponsored or verified.
Methods of Crime Scene Search - As maybe applicable in narcotic 2. Sketches are not a substitute for notes or photos;
investigation, the following methods of searches maybe used: Strip they are but a supplement to them.
Search Method, Double strip or grid method of search, Spiral Search 3. Write down all measurements.
Method, Zone Search Method. 4. Fill in all the detail on your rough sketch at the scene.
Final sketch may be prepared at the office.
5. Keep the rough sketch even when you have scene is the most important task of current law enforcement. In most
completed the final sketch. cases, the material items of evidence and descriptive information
6. Indicate ht North direction with an arrow. collected from the scene of the crime make a big difference in the
7. Draw the final sketch to scale. success and failure of cases in court. The capability of the Crime
8. Indicate the palce in the sketch as well as the person Laboratory to provide scientific interpretation and information depends
who drew it. Use the KEY – capital letters of the alphabet for on the recognition, recovery and documentation of the evidence in the
listing down more or less normal parts of accessories of the crime scene.
place, and numbers for items of evidence Field investigators work as part of the forensic team as that of
9. Indicate the position, location and relationship of laboratory technician. If evidence collected in the crime scene is not
objects. properly accomplished, the work of the crime laboratory is impeded
10. Methods or systems of locating points (objects) on and even negated. The recovery of physical evidence during
sketch investigation of crime scene is the most important task of current law
11. Critical measurements, such as skid marks, should enforcement. In most cases, the material items of evidence and
be checked by two (2) investigators. descriptive information collected from the scene of the crime make a
12. Measurements should be harmony; or in centimeters, big difference in the success and failure of cases in court. Past
inches, yards, meters, mixed in one sketch. experience shows that a well-trained team, coordinated and properly
13. Use standard symbols in the sketch. equipped, can be of great advantage in effectively and efficiently
14. Show which way doors swing, recovering evidences. Personal knowledge and instinctive actions or
15. Show with arrow the direction of stairways. institutions are of great help in the solution of the criminal and drug
16. Recheck the sketch for clarity, accuracy, scale, and related cases. However there is no substitute for the adoption and
title key. practice of scientific investigation.
The Role of SOCO in Narcotic Investigation The idea of enhancing SOCO in narcotic investigation is to assist
A number of crime incident committed in the country are drug investigators in terms of scientific approach in investigating
unsolved and/or dismissed by trial courts because of insufficiency of criminal cases, specifically heinous ones.
evidence. In cases of narcotic investigation, it is important that pieces
of drug evidence that will provide clue on the suspects/offenders
identities can be found in the crime scene. However, those vital DRUG TESTING
evidence in the crime scene are either left in the crime scene are
critical in the prosecution on the case in court with the advent of new Field Test - The test describes in the following pages are
technologies, they could be analyzed scientifically for these purpose. designed to give investigators emergency means of making on-the-
The recovery of physical evidence during investigation of crime spot tentative identification of samples seized or purchased during the
course of investigations. Results obtained should not be regarded as
final identification since a number of such drugs are marketed in NOTE: The value of this test lies in the fact that a positive
combination with other chemicals from which they must be separated reaction indicates the presence of an opium derivative. A
(by laboratory methods) before true results can be attained. negative result does not rule out the possiblity of the
Care of Apparatus and Reagents - Reagents should be sample being a prohibited drug since cocaine,
protected from excessive heat and light. Acid reagents should be methadone, demerol, dromoran, etc. do not give positive
stored in glass bottles. Reagent stability should be tested from time to results with this reagent. A suspected sample that gives a
time with drugs of known identify. All apparatus used in making test negative result should be submitted to the laboratory for
should be thoroughly cleaned before reusing. Marquis test is used for examination.
morphine, codeine, heroin and other opium derivatives. General Drug Tests
When brought into contact with morphine, heroin or other Drugs Test Used Color Reaction
opium derivatives, the reagent develops brilliant colors ranging from
blue to reddish purple. There are some other substances, which also Opium Marquis test Purple/Violet
produce colors with this reagent. No confusion, however, should arise Heroin Nitric Acid Yellow-Green
Morphin Nitric Acid Red Orange
once the operator is familiar with the specific colors given by the Cocaine Cobalt Thiocyanate Blue
opium alkaloids. It is therefore essential that the test be observed with Barbiturates Dille-Kopanyi test Violet
known samples before any unknown is tested. Or the Zwikker test Blue color
Making the Test – In making drug tests, the following are Amphetamines Marquis test Red/Orange -Brown
considered: LSD Para Amino BenZoic Acid(PABA) Purple
Marijuana Duquenois-Levine test or KN Test Red Bottom layer
1. Allow the reagent to drain to one end of the ampul Shabu Symone’s test Purple
2. Break the ampul between the fingers along the scored line.
3. Introduce a small bit of sample into the open end of one-half
of the sample by scraping a cube or pinch of powder held FIELD DRUG TESTING
between the fingers with a sharp edge. Tap the closed end so
as to shake the sample further into the tube and thus bring it Field Tests for Methadone
into contact with the reagent.
4. After the test, the ampul should be rinsed with water before This narcotic drug, known also as Amidone, Dolophine and di-
discarding. 6 dimethylamide-4, 4- diphenyl-3-heptanone hydrochloride, can be
detected in the presence of some other drugs by employing the
*** DO NOT THROW AMPUL IN WASH BAIN OR reagent and technique as set forth below. After solution is effected,
SINK. filtration of the sample is desirable but not essential to the success of
the method, since insoluble substance such as starch, talc, etc. are content. The ampul contains a dilute acid and should be discarded in
not blue in color. a place where water can be used to delute the acid.
Reagent: Dissolve 1 gm of cobalt acetate, nitrate or chloride and 1/5 Field Tests for Marijuana
gm of potassium thiocyanate in 90 ml of water and 10ml of glacial NOTE: Do not rely on chemical tests alone. Always examine
acetic acid. the material with a microscope or hand lens. Cannabis Sativa , or
marijuana, can be quickly and positively identified by subjecting the
Test: Dissolve the sample in a minimum amount of water, Filter. Add sample to the following tests:
2 or 3 drops of the reagent to the filtrate. Shake for about 1 minute. A Microscopic - Using a magnification of approximately 30
blue precipitate indicates the presence of methadone. diameters, the leaves, small twigs, seed hulls and flowering tops
exhibit a characteristics warty appearance due to the presence of
Field Test for Cocaine, Demerol and Methadone non-glandular hairs which contain at their base called spheriodal
This field test for cocaine, demerol and methadone was cystolith of calcium carbonate. Adding a drop of diluted hydrochloric
developed by the U.S. Customs Laboratory, in Baltimore, Maryland in acid to the slide and noting the effervescence may show the presence
1961 and has been successful use since then. of carbonate. Many of the cystolithic hairs appear in the shape of bear
The field test is based on a modification of the well-known claws. The seed or fruit, deprived of its hull, under the same
cobalt thiocyanate color test that produces a blue color in the magnification, presents a mottled effect and gives the viewer the
presence of cocaine. The customs field test is a stable single-solution impression he is looking at a hulled coconut or nutmeg. A comparison
version of the thiocyanate test and is the most specific cocaine color with an authentic sample is most desirable.
test available at this time. Chemical - The Duquenois-Levine Test has been found to be
The field test is not intended to replace more specific the only satisfactory chemical test for the identification of marijuana.
laboratory determination and should be used only as a preliminary The chloroform soluble color developed in this test is due to the
test. Some non-narcotic substances, such as certain antihistamines, presence of tetrahydrocannbinol (THC) which is the active principal of
are known to give a color with cobalt thiocyanate. the marijuana plant.
The test is simple to perform. The ampul should be broken at Reagents - Duquenois Reagent – Dissolve 5 drops of
the point where the glass is scored and the powdered sample acetaldehyde and 0.4 gm. of vanillin in 20 ml of 95% ethyl alcohol.
introduced into the open end of the half of the ampul should NOT BE (This reagent may be kept for some time in glass-stoppered bottles in
SHAKEN. A blue color is indicative of cocaine, demerol or methadone a cool dark place. It should be discarded after it assumes a deep
give stronger blues than that demerol. For each of the three narcotics, yellow color).
the strength of their blue in the ampuls is proportionate to their active
- Add a pinch of suspected marijuana to a test tube reagent to give a red-orange color, turning to reddish and then dark
containing about 2 ml (one teaspoon) Duquenois reagent. brown within 1 or 2 minutes. The reagent gives this characteristics
- Add an equal amount (2ml) of concentrated color reaction when applied to white, pink, yellow, peach or green
hydrochloric acid. Stir with a glass rod or shake the test amphetamine tablets.
tube in a circular motion to mix its contents. CAUTION – The speed within which the color is formed appears to
Do not splash acid contents on body or clothing. Allow the depend upon the hardness of the tablet. The red-orange color forms
test tube to stand for 10 minutes, or until a color immediately of some tablets while with others it appears in 10 to 20
develops. second. Therefore, the critical period of color differentiation for
- Decant the liquid into a second test tube. Add 2ml of amphetamines is within the first 20 seconds. The peach-colored
chloroform. Stopper and shake. If marijuana is present, a caffeine tablet gives a color, which might cause some confusion. The
violet or indigo-violet color will be transferred to the difference between the color formed by this tablet by this tablet and
bottom (chloroform) layer. that formed by a peach-colored amphetamine tablet are crushed
Seeds – When a sample consists entirely of seeds, their before the reagent is applied. Once the difference is seen, there
identity alone is not sufficient to bring them within the purview of the should be no trouble in distinguishing one from the other.
law, which requires them to be fertile. To establish their fertility a Amphetamine powder and tablets – Red-orange onset to
number of the seeds should be placed in a suitable container with reddish brown to dark brown within a couple of minutes, Caffeine
moist paper pulp or wet vermiculite, and place in a warm dark place powder and tablets - no color reaction, Methamphetamine and tablets
until germination takes place. When reporting a sample containing – Red-orange onset to reddish brown to dark brown in 1 to 2 minutes,
marijuana seeds alone, their fertility should always be stated. Phenyl tertiary butylamine HCI – Same color change as
amphetamines, Wyamine sulfate – Same color change as
Field Test for Amphetamines amphetamines.
This field test for identifying amphetamines is useful in
screening out caffeine, vitamins, or other substitutes proffered as Field Test for Barbiturates
amphetamines.
For the tentative identification of the barbiturates, the Zwikker
Test Material – The test material consists of 2 or 3 drops of test is used. Zwikker Test – An anhydrous methanol solution of the
Marquis reagent (2 drops of 37% formaldehyde in 3 ml of barbiturate upon several drops of cobalt chloride in methanol solution
concentrated sulfuric acid) in a small glass ampul. gives a bluish color, which changes to dark blue upon being alkalized
Test Procedure – Break the ampul at the scored center and with a 5% isopropylamine in methanol. The Atkinson Laboratory,
place 1 or 2 drops of the reagent on the sample. This should be done 33031 Fierro Street, Los Angeles, California, manufactures a compact
on a glass ashtray, inverted tumbler, etc. Amphetamines react with the kit that utilized the Zwikker Test.
Test Material – The Zwikker Test Kit consists of a small The ingestion of narcotics or dangerous drugs poisons the
plastic bag containing three solutions in plastics dropping bottles and body. This is poisoning effect will leads to a paralysis of the respiratory
small porcelain spot plate. Solution # 1 – Anhydours methanol, center or cause heart failure. This, the, will deny the body a sufficient
Solution # 2 – Cobalt chloride dissolved in methanol, Solution # 3 – amount of oxygen. Evident or visible signs, which remain after death,
5% isopropylamine in methanol. CAUTION: The above solutions are often accompany the effects of a particular drug on the human body
volatile and inflammable. They should be kept sealed. for the trained observe. These signs are result of symptoms
experienced by the victim prior to death. Following is a partial listing of
Test Procedure – The following shall be considered: the more dangerous drugs, the minimum lethal dose, symptoms and
1. Place part of sample into spot-tester, (enough to cover cause of death:
letter “O” on a typewriter key).
2. Put two drops of solution # 1 on sample in spot-tester. Poison Symptoms/Cause of Death
(Sample should dissolve.)
3. Add two drops of solution # 2 (This may produce a violet Codeine Nausea, dizziness, Constipation, Respiratory failure
or a blue color.) Heroin & Morphine Sweating, loss of appetite, nausea (Vomiting),
4. Add tow drops of solution # 3. (If color deepens to a Constipation, itching, thirst, cyanosis, respiratory failure
darker violet of blue, this indicates presumption presence Barbiturates lower body temperature, cyanosis, cold extremities skin
of barbiturate.) The solution will become contaminated. rash, constipation, respiratory arrest of pneumonia
Wash and dry spot-test plat after use. Cocaine nausea, vomiting, chills, sweating, thirst, convulsions,
circulatory and respiratory failure
NARCOTIC DEATH INVESTIGATION Amphetamine Chills, sweating, diarrhea, constipation, nausea,
A common occurrence in the drug culture is the death of a vomiting, cramps, thirst, convulsions, petechial hemorrhages
user. Investigation of a narcotic death is divided into three (3) phases:
the SCENE investigation, the MEDICAL investigation, and the The Scene of Death
TOXICOLOGICAL investigation. An officer involved in such a case
should determine the manner of death, that is, whether homicide, During investigation of the scene, you should recognize and relate
suicide or accidental. All of the factors and elements of the scene seemingly insignificant items or material, which would justify a
must be accurately and completely recorded. This will assist the conclusion of narcotic involvement. The following are just some of
medical examiner in determining the cause of death. such items:
1. Paraphernalia (or “works”) – Tools or implements used in
Physiological Effect of Narcotic Ingestion administering narcotics. These may include the obvious
syringe and needle, tourniquet, spoon or bottle top “cookies”
and tinfoil packet. Also included are small balls of cotton, The Body Signs
capsules and envelopes, and a book of matches. 1. Cyanosis – bluish discoloration of the face and /or fingernails
2. Narcotic Medication – Laudanum, paregoric, codeine cough due to insufficient oxygenation of the blood caused by
syrup, all utilized as “carryovers” until the next fix. increase in carbon dioxide in the body.
3. Maalox –Milk of Magnesia – Medication used to relieve 2. Petechial Hemorrhages – Pinpoint spots of discoloration
nausea, vomiting, constipation, cramps or diarrhea. resulting from capability ruptures due to pressure and
4. Absence of Nutritional Food – Loss of appetite is a symptom generally observed in the eyes, eyelids, behind the ears and
of poisoning. Presence of candy or soft drinks indicates low internally.
insulin count. 3. Form or Froth – Observed in mouth and nose, may be white
5. Body Fluids – Presence of urine, feces, mucus or vomitus on or pinkish and caused by fluids entering the air passages.
the scene may be evidence of the body attempting to rid itself 4. Hematoma – A localized swelling on any par to the body
of poisoned substance. caused by bleeding beneath the surface of the skin. This is
6. Clothing or Bed Linens – which may be sweat-stained or caused by “skin popping” rather that vein injections.
soaking wet from the victim having hot and cold flashes, 5. Needle marks/tracks – Visual evidence of repeated
should be collected and analyzed. intravenous injections. The tracks will follow a vein (exception
7. Lack of Ordinary Cleanliness – Dependent user is not “skin popping”) and result in a dark discoloration and eventual
concerned in most cases with the environment or health, and collapse of the vein.
this is shown by a neglect of both. 6. Scar – Skin imperfection caused by the victim in removing
8. Wet Body – Evidence of body being immersed in tub or needle mark scabs, added to uncleanness of the victim.
shower, or having ice cubes placed in underclothes or in 7. Rash/scratched Skin – External body signs of morphine or
private parts. It is a common mistake uses make in thinking heroin poisoning.
this helps in overdose cases. Salt water may also be injected 8. Asphyxia- When it is the cause the death, it is often
into the victim. Hospitals use Narcan as antidote. accompanied by external body changes. These changes,
9. Nylon Stoking – Stretched over a hanger used as sieve. visible to the naked eye, are not restricted to narcotic-related
10. Playing Card – with the powder, may have been used to deaths and may be found in other asphyxia deaths, such as
“smack” (cut) heroin. The card is usually on top of a record hearth attack, drowning, hanging, etc. They must be noted,
album or similar. photographed and reported to the pathologist during the pre-
11. Merchandise – Small items which are easily carried and autopsy interview.
disposed of after, being stolen-radios, watches, portable TVs,
radios, etc. Victim’s History
Historical date on the victim would include his criminal record designed for the commission of crimes providing that such
(local, national and international and international); medical record (of division of labor includes at least one position for a corrupter,
a private doctor, hospitals, clinics, etc. and any mental treatment or one position for a corruptee, and one position for an enforcer.
attempts at suicide); social (relatives, friends, neighbors, co-workers);
marital (past or present); and financial records. White-collar crime has been defined by Edwin Sutherland as
"a crime committed by a person of respectability and high
When interviewing users or person possibly involved in
social status in the course of his occupation" (1939).
narcotics traffic, you should use straight language rather than attempt Explaining Organized Crime through Theories
street talk because slang constantly changes. You must determine the 1. Strain theory-Durkheim's theory of anomie is the basis
extent of decedent’s addiction, his familiarity with other drugs, whether for strain theory, at least in so far as "anomie" is
he had a steady source of the drugs or continuously shopped around, translated as "deregulation." It should be noted that
and other matters relative to his personal history.
control theorists also trace their inspiration to
Durkheim, and have translated "anomie" as
Medical Phase
"normlessness." Durkheim's influence has been
This is the most important stage of the narcotics death
investigation. Since the pathologist will rarely be able to examine the extremely broad in criminology and sociology. His view
body at the death scene, you should note every detail, which may be that social forces caused crime was extremely radical
of medico-legal importance and make a complete report on this. at the time.
You should attend the autopsy yourself. Make sure that the
Strain (structural strain) refers generally to the
following specimens are submitted for narcotics, alcohol or other processes by which inadequate regulation at the
foreign matter. Heroin is quickly changed to morphine after entering societal level filters down to how the individual
the body, and clears the blood in approximately ½ hour remains in the perceives his or her needs. Strain (individual strain)
urine about 24 hours and in the bile for ¾ days. refers to the frictions and pains experienced by the
individual as they look for ways to meet their needs
(the motivational mechanism that causes crime).
ORGANIZED CRIME
The theory assumes fairly uniform economic success
aspirations across social class and the theory attempts to
Organized crime or criminal organizations is a transnational explain why crime is concentrated among the lower classes
grouping of highly centralized enterprises run by criminals for that have the least legitimate opportunities for achievement.
the purpose of engaging in illegal activity, most commonly for
Conformity Merton recognized conformity as the most
monetary profit. Define also is any crime committed by a
common type of the five modes. During this
person occupying, in an established division labor, a position
mode, people strive to obtain success by the being able to obtain success by legitimate
most pure conventional means available. means represses them from society.
During innovation, Merton identified a During ritualism, the final mode, people
miniscule, but substantial change in the realize that they have no real opportunity to
perspective of the people whose mode is still advance in society and accept the little
in conformity and that of whom has shifted to relevance that they have. It is in this mode
innovation. The people continue to seek that people concentrate on retaining what little
Innovation
success; however by innovation they strive to they possibly gained or still have in place of
obtain the success by taking advantage of concentrating on a higher yield of success.
illegal goals available to them in place of less They return to adhering to conventional
Ritualism
promising conventional means in order to norms in hopes of maintaining the few
attain success. possessions or possible gains that they have
Merton suggested that by the time people attained. For many members of the urban
reach the mode of rebellion, they have lower socioeconomic populous and
completely rejected the story that everybody disadvantaged minorities this period of short-
in society can achieve success and have lived and slightly increased gains takes nearly
loomed into a rebellious state. They neither a lifetime to obtain and to recognize its worth
Rebellion in a modern industrial society.
trust the valued cultural ends nor the
legitimate societal means used to reach
success. Instead, these people replace such 2. Sutherlands Differential Association Theory suggests
ideas with irrational objectives to include the that people commit crime by learning in a social
violent overthrow of the system altogether. context through their interactions with others and
Retreatism Identified by Merton as the escapist response communication with them. He believed criminal
of the five modes, retreatism occurs when behaviour is learned by interaction with others, and this
people become practically dropouts of
includes learning the techniques of committing the
society. They give up all goals and efforts to
achieve success because they view it as an crime, and the motives, drives, rationalizations, and
impractical, impossible, almost imaginary, and attitudes for committing it.
irrational possibility. Merton attributes this 3. SOCIAL DISORGANIZATION THEORIES OF CRIME-
mode as the one to which drug addicts, It basically refers to the failure of social institutions or
alcoholics, vagrants, and the severely mental social organizations (e.g., schools, business, policing,
ill function because their reactions to not real estate, group networking) in certain communities
and/or neighborhoods (although nothing prohibits such applied, benefiting those who hold economic and social
theories from being couched at the "macro" level to talk power and penalizing the powerless. Labeling theory is
about all of society). It has its origins in the study of not concerned with why people originally engage in act
ecology, which is the examination of relations between that result in their being labeled. Its concern is with
an organism and its environment. criminal career formation and not the origin of criminal
4. Cultural deviance theory: The major tenet of cultural acts. A person is deviant primarily because of the
deviance theory is that conformity to the prevailing social distance between the labeler and the labeled.
cultural norms of lower class society causes crime. 6. Social Control Theory as represented in the work of
Lower class subculture has a unique set of values and Travis Hirschi- It proposes that exploiting the process
beliefs, which are invariably in conflict with of socialization and social learning builds self-control
conventional social norms. Criminality is an expression and reduces the inclination to indulge in behavior
of conformity to lower class subcultural values. recognized as antisocial. Refers also as to those
Members of the working class commit crimes as they processes by which the community influences its
respond to the cultural norms of their own class in an members toward conformance with established norm
effort to deal with problems of social –middle class- of behavior.
adjustment. 7. Differential-opportunity theory- observations that
5. Labeling theory: people become criminals when legitimate opportunities to pursue culturally approved
significant members of society label them as such and goals are socially structured and unevenly distributed—
they accept those labels as a personal identity. especially by class. Differential-opportunity theory
Throughout their lives people are given a variety of extends this notion of socially structured unequal
symbolic labels in their interactions with others. These access to delinquency and criminality.
labels imply a variety of behaviors and attitudes; labels Mafia is a term used to describe a number of criminal
thus help define not just one trait but the whole person. organizations around the world. The first organization to bear
If a devalued status is conferred by a significant other, the label was the Sicilian Mafia based in Italy, known to its
the negative label may cause permanent harm to the members as Cosa Nostra
target. Being perceived as a social deviant may affect
In the United States, "the Mafia" generally refers to the
their treatment at home, at work, at school and in the
American Mafia. Other powerful organizations described as
other social situations. Labeled persons may find mafias include the Russian Mafia, the Irish Mob, the Chinese
themselves turning to others similarly stigmatized for Triads, the Albanian Mafia, Bosnian mafia, the Japanese
support and companionship. Law is differentially Yakuza, the Neapolitan Camorra, the Calabrian 'Ndrangheta,
the Indian Mafia, the Unione Corse, Serbian Mafia, and the the late 1980s. Like other groups, it started as a prison gang.
Bulgarian mafia. There are also a number of localized mafia As its members were released, they settled in the Puglia
organizations around the world bearing no link to any specific region in Italy and continued to grow and form links with other
racial background. Mafia groups. The Sacra Corona Unita is headquartered in
Brindisi, located in the southeastern region of Puglia.
Sicilian Mafia (based in Sicily) Organized crime groups, whether traditional mob families or
street gangs, have a number of common
The Sicilian Mafia formed in the mid-1800s to unify the Sicilian characteristics:Organized crime thrives on supplying illegal
peasants against their enemies. In Sicily, the word Mafia tends goods and services for which a large number of people are
to mean “manly.” The Sicilian Mafia changed from a group of willing to pay. For example, in 1999 an estimated fifteen million
honorable Sicilian men to an organized criminal group in the Americans used illegal drugs, 75 percent of whom used
1920s. marijuana. The goal of organized crime groups is to make
money; members also gain a sense of pride, power, and
Camorra or Neapolitan Mafia (based in Naples) protection. Groups have what is called a pyramid power
structure like legal businesses. In legitimate businesses, there
The word “Camorra” means gang. The Camorra first appeared is a boss called the chief executive officer (CEO), under the
in the mid-1800s in Naples, Italy, as a prison gang. Once CEO are vice presidents, treasurers, advisors,
released, members formed clans in the cities and continued to accountants, lawyers, technical staff, and so on. Organized
grow in power. The Camorra has more than 100 clans and crime has a boss, advisors who work closely with the boss and
approximately 7,000 members, making it the largest of the assign tasks to different crews, captains who run the different
Italian organized crime groups. crews, soldiers who carry out the physical work and act out
tasks from collecting money to killing people, and men with
’Ndrangheta or Calabrian Mafia (based in Calabria) special skills.
Members are extremely loyal and committed; they go through
The word “’Ndrangheta” comes from the Greek meaning
initiation rituals, take oaths, and swear to secrecy.
courage or loyalty. The ’Ndrangheta formed in the 1860s when
a group of Sicilians was banished from the island by the Italian Punishment for members who stray might be demotion to a
government. They settled in Calabria and formed small lower rank or, depending on their offense, death.
criminal groups. Omerta is the code of the OC which have two major principle
the following are;
Sacra Corona Unita or United Sacred Crown (based in the 1. Follow your superior
Puglia region) 2. Keep silent
Law enforcement became aware of the Sacra Corona Unita in
Any violation of the code, death is the consequence How We Combat Asian Criminal Enterprises (FBI)
Asian Criminal Enterprises The FBI participates in different working groups and initiatives
Asian criminal enterprises have been operating in the U.S. to combat Asian organized crime on an international level:
since the early 1900s. The first of these groups evolved from The FBI/National Police Agency of Japan Working
Chinese tongs—social organizations formed by early Chinese- Group meets annually to discuss ongoing
American immigrants. investigations and policy matters for sharing
There are two categories of Asian criminal enterprises. intelligence, interagency investigative support, and FBI
Traditional criminal enterprises include the Chinese triads (or extraterritorial operations in Japan.
underground societies) based in Hong Kong, Taiwan, and
Project Bridge is a working group under Interpol to
Macau as well as the Japanese Yakuza or Boryokudan. Non-
help member countries coordinate investigations and
traditional criminal enterprises include groups such as
information sharing between police agencies to fight
Chinese criminally influenced tongs, triad affiliates, and other
Asian-alien smuggling syndicates.
ethnic Asian street gangs found in several countries with
sizeable Asian communities. The Interagency Working Group on Alien
Transnational crime refers to crime that takes place across Smuggling coordinates policy discussions and
national borders examines investigative issues relating to alien
The word "transnational" describes crimes that are not only smuggling and the trafficking of women and children. It
international (that is, crimes that cross borders between is sponsored by the National Security Council’s Special
countries), but crimes that by their nature involve border Coordination Group on International Crime.
crossings as an essential part of the criminal activity. The International Asian Organized Crime
Transnational crimes also include crimes that take place in one Conference meets annually, bringing together law
country, but their consequences significantly affect another enforcement agencies from around the world to
country. Examples of transnational crimes include the human discuss new trends and exchange ideas on combating
trafficking, people smuggling, smuggling/trafficking of goods Asian organized crime.
(such as arms trafficking and drug trafficking), sex slavery,
pedophilia and (non-domestic) terrorism. The Canadian/United States Cross-Border Crime
The crime of unlawfully seizing and carrying away a person by Forum addresses cross-border crime issues and
force or Fraud, or seizing and detaining a person against his or effective coordination between the U.S. and Canadian
her will with an intent to carry that person away at a later time. law enforcement.
The Philippine jurisprudence defines kidnapping for ransom as The International Law Enforcement Academy in
“the unlawful taking and carrying away of a person by force or Bangkok, Thailand, is run with assistance from the FBI
fraud or against his will, or in any manner depriving him of his and Australian federal law enforcement agencies. The
liberty for the purpose of extorting ransom as payment for
his/her release.”
academy provides training to law enforcement agents Negotiation . Ransom demand may range from PhP1 million
from several Southeast Asian countries. to PhP100 million, depending on the paying capacity of the
victim and the operational capability of the group. The weakest
Crimes committed by the organized criminal.
member of the victim's family is usually selected by the
1. Kidnapping- However, most cases of kidnapping syndicate to act as negotiator, warning the latter not to report
particularly those undertaken by criminal groups, revealed the the incident to the concerned police authorities.
following stages:
Collection of Ransom. After the ransom has been
Spotting . The first step in planning a kidnapping operation is negotiated, the group will design a pay-off procedure. The
to come up with a shopping list of three to four possible targets ransom is usually brought to a predesignated site. In some
that are capable of paying a huge amount of ransom. Targets pay-off situations however, the ransom courier is usually
are usually businessmen of Chinese descent. instructed to bring along a cellular phone for ease of
communication during the actual pay-off. There were instances
Surveillance . Targets are then subjected to a thorough where couriers were given a round-the-bush before reaching
surveillance and investigation. The investigation focused on the final pay-off venue.
the financial capability, home address and place of work,
phone numbers, complete description of the vehicle being 2. Terrorism in the Philippines are conflicts based on political
used, travel routes, identities of household helpers, drivers and issues conducted by rebel organizations against the Philippine
employees, and personal security of potential targets. government, its citizens and supporters. Most terrorism in the
country are conducted by Islamic terrorist groups. The most
Risk analysis and target selection . After a thorough
active terrorist groups in the Philippines are the Moro Islamic
investigation, the group selects one of the targets, which
present a lower risk and difficulty in ransom negotiation. In Liberation Front, Moro National Liberation Front, Abu Sayaf,
some cases, the group selects the one whom the group had Rajah Sulaiman Movement and Jemaah Islamiyah.
gathered the information first. In order to enhance precision in
their operation, some group send out members of the Computer crime refers to any crime that involves a
syndicate to apply as drivers, employees, and household helps computer and a network, where the computers may or
to gain further access on the target. may not have played an instrumental part in the
commission of the crime (Moore 2000). Netcrime
Seizing of victim . The time allotted for forcibly taking the refers, more precisely, to criminal exploitation of the
victim is usually two to three hours. The victim is usually Internet.
forcibly taken on his/her way to place of work or while going Law in the Philippines is R.A 9372
home after work. Most of the victims are successfully About the laws
intercepted while crossing road intersections or traveling along
REPUBLIC ACT NO. 9372
highly traveled streets.
AN ACT TO SECURE THE STATE AND PROTECT OUR Manufacture, Dealing in, Acquisition or Disposition of
PEOPLE FROM TERRORISM Firearms, Ammunitions or Explosives)
Be it enacted by the Senate and House of Representative of Thereby sowing and creating a condition of widespread and
the Philippines in Congress Assembled: extraordinary fear and panic among the populace, in order to
coerce the government to give in to an unlawful demand shall
Section 1. Short Title. - This Act shall henceforth be known as
be guilty of the crime of terrorism and shall suffer the penalty
the "Human Security Act of 2007.”
of forty (40) years of imprisonment, without the benefit of
Sec. 3. Terrorism. - Any person who commits an act parole as provided for under Act No. 4103, otherwise known
punishable under any of the following provisions of the as the Indeterminate Sentence Law, as amended.
Revised Penal Code: Sec. 7. Surveillance of Suspects and Interception and
a. Article 122, (Piracy in General and Mutiny in the High Seas Recording of Communications. -The provisions of Republic Act
or in the Philippine Waters); No. 4200, (Anti-Wire Tapping Law) to the contrary
notwithstanding, a police or law enforcement official and the
b. Article 134, (Rebellion or Insurrection); members of his team may, upon a written order of the Court of
c. Article 134-a, (Coup d' Etat), including acts committed by Appeals, listen to, intercept and record, with the use of any
private persons; mode, form, kind or type of electronic or other surveillance
equipment or intercepting and tracking devices, or with the use
d. Article 248, (Murder); of any other suitable ways and means for that purpose, any
e. Article 267, (Kidnapping and Serious Illegal Detention); communication, message, conversation, discussion, or spoken
or written words between members of a judicially declared and
f. Article 324, (Crimes Involving Destruction), or under: outlawed terrorist organization, association, or group of
1. Presidential Decree No. 1613, (The Law on Arson); persons or of any person charged with or suspected of the
crime of terrorism or conspiracy to commit terrorism.
2. Republic Act No. 6969, (Toxic Substances and Hazardous Provided, That surveillance, interception and recording of
and Nuclear Waste Control Act of 1990); communications between lawyers and clients, doctors and
3. Republic Act No. 5207, (Atomic Energy Regulatory and patients, journalists and their sources and confidential
Liability Act of 1968); business correspondence shall not be authorized.
Sec. 8. Formal Application for Judicial Authorization. - The
4. Republic Act No. 6235, (Anti-Hijacking Law); written order of the authorizing division of the Court of Appeals
5. Presidential Decree No. 532, (Anti-Piracy and Anti-Highway to track down, tap, listen to, intercept, and record
Robbery Law of 1974); and communications, messages, conversations, discussions, or
spoken or written words of any person suspected of the crime
6. Presidential Decree No. 1866, as amended (Decree of terrorism or the crime of conspiracy to commit terrorism
Codifying the Laws on Illegal and Unlawful Possession,
shall only be granted by the authorizing division of the Court of the authorizing division of the Court of Appeals shall specify
Appeals upon an ex-parte written application of a police or of a the following:
law enforcement official who has been duly authorized in (a) the identity, such as name and address, if known, of the
writing by the Anti-Terrorism Council created in Section 53 of charged or suspected person whose communications,
this Act to file such ex parte application, and upon examination messages, conversations, discussions, or spoken or written
under oath or affirmation of the applicant and the witnesses he words are to be tracked down, tapped, listened to, intercepted,
may produce to establish: and recorded and, in the case of radio, electronic, or
(a) that there is probable cause to believe based on personal telephonic (whether wireless or otherwise) communications,
knowledge of facts or circumstances that the said crime of messages, conversations, discussions, or spoken or written
terrorism or conspiracy to commit terrorism has been words, the electronic transmission systems or the telephone
committed, or is being committed, or is about to be committed; numbers to be tracked down, tapped, listened to, intercepted,
(b) that there is probable cause to believe based on personal and recorded and their locations or if the person suspected of
knowledge of facts or circumstances that evidence, which is the crime of terrorism or conspiracy to commit terrorism is not
essential to the conviction of any charged or suspected person fully known, such person shall be subject to continuous
for, or to the solution or prevention of, any such crimes, will be surveillance provided there is a reasonable ground to do so;
obtained; and (b) the identity (name, address, and the police or law
(c) that there is no other effective means readily available for enforcement organization) of the police or of the law
acquiring such evidence. enforcement official, including the individual identity (names,
Sec. 9. Classification and Contents of the Order of the Court. - addresses, and the police or law enforcement organization) of
The written order granted by the authorizing division of the the members of his team, judicially authorized to track down,
Court of Appeals as well as its order, if any, to extend or renew tap, listen to, intercept, and record the communications,
the same, the original application of the applicant, including his messages, conversations, discussions, or spoken or written
application to extend or renew, if any, and the written words;
authorizations of the Anti-Terrorism Council shall be deemed (c) the offense or offenses committed, or being committed, or
and are hereby declared as classified information: Provided, sought to be prevented; and
That the person being surveilled or whose communications, (d) the length of time within which the authorization shall be
letters, papers, messages, conversations, discussions, spoken used or carried out.
or written words and effects have been monitored, listened to, Sec. 11. Custody of Intercepted and Recorded
bugged or recorded by law enforcement authorities has the Communications. - All tapes, discs, and recordings made
right to be informed of the acts done by the law enforcement pursuant to the authorization of the authorizing division of the
authorities in the premises or to challenge, if he or she intends Court of Appeals, including all excerpts and summaries thereof
to do so, the legality of the interference before the Court of as well as all written notes or memoranda made in connection
Appeals which issued the written order. The written order of therewith, shall, within forty-eight (48) hours after the
expiration of the period fixed in the written order of the
authorizing division of the Court of Appeals or within forty-eight organization, association, or group of persons concerned, be
(48) hours after the expiration of any extension or renewal declared as a terrorist and outlawed organization, association,
granted by the authorizing division of the Court of Appeals, be or group of persons by the said Regional Trial Court.
deposited with the authorizing Division of the Court of Appeals 3. MONEY LAUNDERING
in a sealed envelope or sealed package, as the case may be,
and shall be accompanied by a joint affidavit of the applicant Nature –
police or law enforcement official and the members of his The term "money laundering" does not derive, as is
team. often said, from Al Capone having used laundromats to
In case of death of the applicant or in case he is physically hide ill-gotten gains. It is more likely to mean that dirty
disabled to execute the required affidavit, the one next in rank money is made clean. At some point in the process
to the applicant among the members of the team named in the there must be a switch between the two; necessarily
written order of the authorizing division of the Court of Appeals the art is to keep that switch hidden.
shall execute with the members of the team that required Law on the PhilippinesREPUBLIC ACT NO. 9194
affidavit. AN ACT AMENDING REPUBLIC ACT NO. 9160,
It shall be unlawful for any person, police officer or any OTHERWISE KNOWN AS THE "ANTI-MONEY LAUNDERING
custodian of the tapes, discs and recording, and their excerpts ACT OF 2001"
and summaries, written notes or memoranda to copy in Section 1. Sec. 3, paragraph (b), of Republic Act No. 9160 is
whatever form, to remove, delete, expunge, incinerate, shred hereby amended as follows:
or destroy in any manner the items enumerated above in
whole or in part under any pretext whatsoever. "(b) 'Covered transaction' is a transaction in cash or other
Any person who removes, deletes, expunges, incinerates, equivalent monetary instrument involving a total amount in
shreds or destroys the items enumerated above shall suffer a excess of Five hundred thousand pesos (P500,000.00) within
penalty of not less than six years and one day to twelve (12) one (1) banking day."
years of imprisonment. Sec. 2. Sec. 3 of the same Act is further amended by
Sec. 17. Proscription of Terrorist Organizations, Association, or inserting between paragraphs (b) and (c) a new paragraph
Group of Persons. - Any organization, association, or group of designated as (b-1) to read as follows:
persons organized for the purpose of engaging in terrorism, or
which, although not organized for that purpose, actually uses "(b-1) 'Suspicious transaction' are transactions with covered
the acts to terrorize mentioned in this Act or to sow and create institutions, regardless of the amounts involved, where any of
a condition of widespread and extraordinary fear and panic the following circumstances exist:
among the populace in order to coerce the government to give "1. there is no underlying legal or trade obligation, purpose
in to an unlawful demand shall, upon application of the or economic justification;
Department of Justice before a competent Regional Trial
Court, with due notice and opportunity to be heard given to the "2. the client is not properly identified;
"3. the amount involved is not commensurate with the with the Anti-Money Laundering Council (AMLC), fails to do
business or financial capacity of the client; so."
"4. taking into account all known circumstances, it may be Sec. 5. Sec. 7 of the same Act is hereby amended as
perceived that the client's transaction is structured in order to follows:
avoid being the subject of reporting requirements under the
"SEC. 7. Creation of Anti-Money Laundering Council
Act;
(AMLC). — The Anti-Money Laundering Council is hereby
"5. any circumstance relating to the transaction which is created and shall be composed of the Governor of the Bangko
observed to deviate from the profile of the client and/or the Sentral ng Pilipinas as chairman, the Commissioner of the
client's past transactions with the covered institution; Insurance Commission and the Chairman of the Securities and
Exchange Commission as members. The AMLC shall act
"6. the transaction is in any way related to an unlawful
unanimously in the discharge of its functions as defined
activity or offense under this Act that is about to be, is being or
hereunder:
has been committed; or
"(1) to require and receive covered or suspicious transaction
"7. any transaction that is similar or analogous to any of the
reports from covered institutions;
foregoing."
"(2) to issue orders addressed to the appropriate Supervising
"SEC. 4. Money Laundering Offense. — Money laundering is
Authority or the covered institution to determine the true
a crime whereby the proceeds of an unlawful activity as herein
identity of the owner of any monetary instrument or property
defined are transacted, thereby making them appear to have
subject of a covered transaction or suspicious transaction
originated from legitimate sources. It is committed by the
report or request for assistance from a foreign State, or
following
believed by the Council, on the basis of substantial evidence,
"(a) Any person knowing that any monetary instrument or to be, in whole or in part, wherever located, representing,
property represents, involves, or relates to, the proceeds of involving, or related to, directly or indirectly, in any manner or
any unlawful activity, transacts or attempts to transact said by any means, the proceeds of an unlawful activity.
monetary instrument or property.
"(3) to institute civil forfeiture proceedings and all other
"(b) Any person knowing that any monetary instrument or remedial proceedings through the Office of the Solicitor
property involves the proceeds of any unlawful activity, General;
performs or fails to perform any act as a result of which he
"(4) to cause the filing of complaints with the Department of
facilitates the offense of money laundering referred to in
Justice or the Ombudsman for the prosecution of money
paragraph (a) above.
laundering offenses;
"(c) Any person knowing that any monetary instrument or
property is required under this Act to be disclosed and filed
"(5) to investigate suspicious transactions and covered SEC. 10. Freezing of Monetary Instrument or Property. —
transactions deemed suspicious after an investigation by The Court of Appeals, upon application ex parte by the AMLC
AMLC, money laundering activities, and other violations of this and after determination that probable cause exists that any
Act; monetary instrument or property is in any way related to an
unlawful activity as defined in Sec. 3(i) hereof, may issue a
"(6) to apply before the Court of Appeals, ex parte, for the
freeze order which shall be effective immediately. The freeze
freezing of any monetary instrument or property alleged to be
order shall be for a period of twenty (20) days unless extended
the proceeds of any unlawful activity as defined in Sec. 3(i)
by the court."
hereof;
4. Human Trafficking in person
"(7) to implement such measures as may be necessary and
justified under this Act to counteract money laundering; refers to the recruitment, transportation, transfer or
harboring, or receipt of arsons with or without the
"(8) to receive and take action in respect of, any request
victim's consent or knowledge, within or across national
from foreign states for assistance in their own anti-money
borders by means of threat or use of force, or other
laundering operations provided in this Act;
forms of coercion, abduction, fraud, deception, abuse
"(9) to develop educational programs on the pernicious of power or of position, taking advantage of the
effects of money laundering, the methods and techniques vulnerability of the persons, or, the giving or receiving
used in money laundering, the viable means of preventing of payments or benefits to achieve the consent of a
money laundering and the effective ways of prosecuting and person having control over another person for the
punishing offenders; purpose of exploitation which includes at a minimum,
the exploitation or the prostitution of others or other
"(10) to enlist the assistance of any branch, department,
forms of sexual exploitation, forced labor or services,
bureau, office, agency or instrumentality of the government,
slavery, servitude or the removal or sale of organs.
including government-owned and -controlled corporations, in
Law in the Philippines
undertaking any and all anti-money laundering operations,
which may include the use of its personnel, facilities and
resources for the more resolute prevention, detection and REPUBLIC ACT NO. 9208
investigation of money laundering offenses and prosecution of AN ACT TO INSTITUTE POLICIES TO ELIMINATE
offenders; and TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND
CHILDREN, ESTABLISHING THE NECESSARY
"(11) to impose administrative sanctions for the violation of INSTITUTIONAL MECHANISMS FOR THE PROTECTION
laws, rules, regulations and orders and resolutions issued AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING
pursuant thereto." PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER
PURPOSES.
Sec. 4. Acts of Trafficking in Persons. — It shall be (h) To recruit, transport or adopt a child to engage in
unlawful for any person, natural or judicial, to commit any of armed activities in the Philippines or abroad.
the following acts.
(a) To recruit, transport, transfer, harbor, provide, or
5. Illegal Accessed of Devices
receive a person by any means, including those done under
Republic Act No. 8484 February 11, 1998
the pretext of domestic or overseas employment or training
AN ACT REGULATING THE ISSUANCE AND USE OF
or apprenticeship, for the purpose of prostitution,
ACCESS DEVICES, PROHIBITING FRAUDULENT ACTS
pornography, sexual exploitation, forced labor, slavery,
COMMITTED RELATIVE THERETO, PROVIDING
involuntary servitude or debt bondage;
PENALTIES AND FOR OTHER PURPOSES
(b) To introduce or match for money, profit, or material,
economic or other consideration, any person or, as Section 3. Definition of terms. – For purposes of this Act, the
provided for under Republic Act No. 6955, any Filipino terms:
women to a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling or trading him/her to (a) Access Device – means any card, plate, code,
engage in prostitution, pornography, sexual exploitation, account number, electronic serial number, personal
forced labor, slavery, involuntary servitude or debt bondage; identification number, or other telecommunications
(c) To offer or contract marriage, real or simulated, for the service, equipment, or instrumental identifier, or other
purpose of acquiring, buying, offering, selling, or trading means of account access that can be used to obtain
them to engage in prostitution, pornography, sexual money, good, services, or any other thing of value or to
exploitation, forced labor or slavery, involuntary servitude or initiate a transfer of funds (other than a transfer
debt bondage; originated solely by paper instrument);
(d) To undertake or organize tours and travel plans
(b) Counterfeit Access Device – means any access
consisting of tourism packages or activities for the purpose
device that is counterfeit, fictitious, altered, or forged,
of utilizing and offering persons for prostitution,
or an identifiable component of an access device or
pornography or sexual exploitation;
counterfeit access device;
(e) To maintain or hire a person to engage in prostitution
or pornography; (c) Unauthorized Access Device – means any access
(f) To adopt or facilitate the adoption of persons for the device that is stolen, lost, expired, revoked, canceled,
purpose of prostitution, pornography, sexual exploitation, suspended, or obtained with intent to defraud;
forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by (d) Access Device Fraudulently Applied for – means
means of threat or use of force, fraud deceit, violence, any access device that was applied for or issued on
coercion, or intimidation for the purpose of removal or sale account of the use of falsified document, false
of organs of said person; and
information, fictitious identities and addresses, or any (k) Produce – includes design, alter, authenticate, duplicate or
form of false pretense or misrepresentation; assemble; and
(e) Consumer – means a natural person; (l) Trafficking – means transferring, or otherwise disposing of,
to another, or obtaining control of, with intent to transfer or
(f) Credit Card – means any card, plate, coupon book, dispose of.
or other credit device existing for the purpose of
obtaining money, goods, property, labor or services or Section 9. Prohibited Acts. – The following acts shall constitute
anything of value on credit; access device fraud and are hereby declared to be unlawful:
(a) producing, using, trafficking in one or more counterfeit
(g) Device Making or Altering Equipment – means any access devices;
equipment, mechanism or impression designed or (b) trafficking in one or more unauthorized access devices or
primarily used for making or altering or reencoding an access devices fraudulently applied for;
access device or a counterfeit access device; (c) using, with intent to defraud, an unauthorized access
device;
(h) Finance Charges – represent the amount to be paid (d) using an access device fraudulently applied for;
by the debtor incident to the extension of credit such as (e) possessing one or more counterfeit access devices or
interest or discounts, collection fees, credit access devices fraudulently applied for;
investigation fees, and other service charges; (f) producing, trafficking in, having control or custody of, or
possessing device-making or altering equipment without being
(i) Open-end-credit plan – means a consumer credit in the business or employment, which lawfully deals with the
extended on an account pursuant to a plan under manufacture, issuance, or distribution of such equipment;
which: (g) inducing, enticing, permitting or in any manner allowing
another, for consideration or otherwise to produce, use, traffic
1) the creditor may permit the person to make purchase or
in counterfeit access devices, unauthorized access devices or
obtain loans, from time to time, directly from the creditor or
access devices fraudulently applied for;
indirectly by use of credit card, or other service;
(h) multiple imprinting on more than one transaction record,
2) the person has the privilege of paying the balance; or sales slip or similar document, thereby making it appear that
the device holder has entered into a transaction other than
3) a finance charge may be computed by the creditor from those which said device holder had lawfully contracted for, or
time to time on an unpaid balance. submitting, without being an affiliated merchant, an order to
collect from the issuer of the access device, such extra sales
(j) Penalty Charges – means such amount, in addition to slip through an affiliated merchant who connives therewith, or,
interest, imposed on the credit card holder for non-payment of
an account within a prescribed period;
under false pretenses of being an affiliated merchant, present 6. Smuggling
for collection such sales slips, and similar documents; is the clandestine transportation of goods or persons
(i) disclosing any information imprinted on the access device, past a point where prohibited, such as out of a building,
such as, but not limited to, the account number or name or into a prison, or across an international border, in
address of the device holder, without the latter's authority or violation of applicable laws or other regulations.
permission; There are various motivations to smuggle. These
(j) obtaining money or anything of value through the use of an include the participation in illegal trade, such as drugs,
access device, with intent to defraud or with intent to gain and illegal immigration or emigration, tax evasion, providing
fleeing thereafter; contraband to a prison inmate, or the theft of the items
(k) having in one's possession, without authority from the being smuggled. Examples of non-financial motivations
owner of the access device or the access device company, an include bringing banned items past a security
access device, or any material, such as slips, carbon paper, or checkpoint (such as airline security) or the removal of
any other medium, on which the access device is written, classified documents from a government or corporate
printed, embossed, or otherwise indicated; office.
(l) writing or causing to be written on sales slips, approval 7. Drug Trafficking
numbers from the issuer of the access device of the fact of The illegal drug trade is a global black market in the
approval, where in fact no such approval was given, or where, cultivation, manufacture, distribution and sale of those
if given, what is written is deliberately different from the substances which are subject to drug prohibition laws.
approval actually given; Law in the Philippine
(m) making any alteration, without the access device holder's REPUBLIC ACT NO. 9165 June 7, 2002
authority, of any amount or other information written on the AN ACT INSTITUTING THE COMPREHENSIVE
sales slip; DANGEROUS DRUGS ACT OF 2002, REPEALING
(n) effecting transaction, with one or more access devices REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE
issued to another person or persons, to receive payment or DANGEROUS DRUGS ACT OF 1972, AS AMENDED,
any other thing of value; PROVIDING FUNDS THEREFOR, AND FOR OTHER
(o) without the authorization of the issuer of the access device, PURPOSES
soliciting a person for the purpose of: Illegal acts
1) offering an access device; or
Section 4. Importation of Dangerous Drugs and/or Controlled
2) selling information regarding or an application to obtain an
Precursors and Essential Chemicals.
access device; or
(p) without the authorization of the credit card system member Section 6. Maintenance of a Den, Dive or Resort. –
or its agent, causing or arranging for another person to present Section 7. Employees and Visitors of a Den, Dive or Resort
to the member or its agent, for payment, one or more evidence
or records of transactions made by credit card.
Section 8. Manufacture of Dangerous Drugs and/or Controlled • Presidential Decree No. 519 Outlaws pinball and slot
Precursors and Essential Chemicals machines and other similar devices and nullifies all
Section 9. Illegal Chemical Diversion of Controlled Precursors existing permits and/or licenses to operate the same. It
and Essential Chemicals. took effect on July 23, 1974.
9. PROSTITUTION
Section 10. Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous Drugs Prostitution is the act or practice of providing sexual
and/or Controlled Precursors and Essential Chemicals. services with another person in return for payment.
Section 11. Possession of Dangerous Drugs. Persons who execute such activity are called
prostitutes. Prostitution is one of the branches of the
Section 16. Cultivation or Culture of Plants Classified as
sex industry. Estimates place the annual revenue
Dangerous Drugs or are Sources Thereof.
generated from the global prostitution industry to be
8. Gambling over $100 billion.
TYPES OF PROSTITUTES
Title Six of the RPC • CALL GIRL
• HUSTLER
CRIMES AGAINST PUBLIC MORALS • DOOR KNOCKER
Gambling is the wagering of money or something of material • FACTORY GIRL
value (referred to as "the stakes") on an event with an • Art. 202. Vagrants and prostitutes; penalty. — The
uncertain outcome with the primary intent of winning additional following are vagrants:
money and/or material goods. Typically, the outcome of the • 1. Any person having no apparent means of
wager is evident within a short period. subsistence, who has the physical ability to work and
Chapter One
who neglects to apply himself or herself to some lawful
GAMBLING AND BETTING
• Presidential Decree No. 449 Cockfighting Law of 1974. calling;
• 2. Any person found loitering about public or semi-
This law took effect on May 9, 1974. It governs the
public buildings or places or trampling or wandering
establishment, operations, maintenance and ownership
about the country or the streets without visible means
of cockpits.
• Presidential Decree No. 483 Penalizes betting, game- of support;
• 3. Any idle or dissolute person who ledges in houses of
fixing or point shaving and machinations in sports
ill fame; ruffians or pimps and those who habitually
contests. It took effect on June 13,1974.
associate with prostitutes;
• 4. Any person who, not being included in the provisions TRANSACTIONS, PENALTIES FOR UNLAWFUL
of other articles of this Code, shall be found loitering in USE THEREOF, AND OTHER PURPOSES
any inhabited or uninhabited place belonging to
Section 4. Sphere of Application- This Act shall apply
another without any lawful or justifiable purpose;
to any kind of electronic document used in the context
• 5. Prostitutes.
of commercial and non-commercial activities to include
• For the purposes of this article, women who, for money
domestic and international dealings, transactions,
or profit, habitually indulge in sexual intercourse or arrangements, agreements contracts and exchanges
lascivious conduct, are deemed to be prostitutes. and storage of information.
• Any person found guilty of any of the offenses covered
by this articles shall be punished by arresto menor or a Carnapping
fine not exceeding 200 pesos, and in case of Most of the vehicles were carnapped in parking lots,
recidivism, by arresto mayor in its medium period to residential areas and middle class subdivisions. Car
prision correctional in its minimum period or a fine theft usually occurred between 2 o'clock and 4 o'clock
in the morning due to following reasons: inadequate
ranging from 200 to 2,000 pesos, or both, in the
police visibility, street parking opportunity, natural
discretion of the court. advantage during nighttime for criminal elements, and
lack of appropriate security measures in residential
Computer crime, or cybercrime areas. These vehicles were later either sold after
refers to any crime that involves a computer and a
acquiring falsified documents or dismantled and sold
network, where the computers may or may not have as used parts. Some stolen vehicles were forcibly
played an instrumental part in the commission of a
taken, usually by OCGs who would eventually abandon
crime.[1] Netcrime refers, more precisely, to criminal them after completing one criminal operation.
exploitation of the Internet.[2] Issues surrounding this
type of crime have become high-profile, particularly REPUBLIC ACT No. 6539
those surrounding hacking, copyright infringement,
AN ACT PREVENTING AND PENALIZING
child pornography, and child grooming. There are also CARNAPPING
problems of privacy when confidential information is
Section 1. This Act shall be known and may be cited
lost or intercepted, lawfully or otherwise. as the "Anti-Carnapping Act of 1972."
Section 2. Definition of terms. The terms "carnapping",
REPUBLIC ACT NO. 8792 June 14, 2000 "motor vehicle", "defacing or tampering with",
AN ACT PROVIDING AND USE OF ELECTRONIC
"repainting", "body-building", "remodeling",
COMMERCIAL AND NON-COMMERCIAL "dismantling", and "overhauling", as used in this Act,
shall be understood, respectively, to mean
"Carnapping" is the taking, with intent to gain, of a As of October 2003, there are 45 bank robbery incidents
motor vehicle belonging to another without the latter's recorded nationwide, or one (1) incident per week, with the
consent, or by means of violence against or perpetrators carting a total loot of around PhP44.8 million.
intimidation of persons, or by using force upon things. Compared to similar period in 2002, bank robbery incidents
increased by 13 percent. Metro Manila or NCR registered the
ORGANIZED CRIME IN THE PHILIPPINES" highest with 20 recorded incidents. Operations conducted
• Francisco Group which is formerly the Dragon or the against these groups resulted in the arrest of 18 persons, to
Kuratong Baleleng Group, now led by Manuel Francisco, with include 12 members of the Kuratong Baleleng Group who
66 members armed with assorted type of high powered were responsible in the series of bank robberies in Metro
firearms and operates in the cities of Cagayan De Oro, Manila.
Pagadian and Dipolog, and other neighboring cities and Bank robbery groups are considered as the most organized
municipalities in the Mindanao (in southern Philippines), Cebu among the crime groups. They are usually composed of
in Visayas (in Central Philippines), and Metro Manila in Luzon hardened criminals and/or personalities of tested daring
(in northern Philippines). The group is engaged in capabilities. Members are trained to follow and executed
robbery/hold-up, carnapping, illegal drugs trafficking, and minute details of a well-planned operation. Usually, all
smuggling of rice and sugar. members are heavily armed and ready to forcibly douse any
• Pentagon Group headed by Tahir Alonto with around 168 opposition.
armed members, engaged primarily in KFR and operates in The robbery group initially places the target bank under a
Mindanao. This group is a creation of the Moro Islamic thorough casing and surveillance, week or even months in
Liberation Front (MILF). It was organized not only to generate advance. The peak and lean hours in the bank; the time of
funds for the latter through illegal means but also insulate the relief of security personnel; expected resistance; individual
MILF from accusations that its members are involved in purely characteristic, traits and weaknesses of every personnel;
criminal acts. Its leader, Tahir Alonto is the former planning and estimated cash in teller's booth and inside the safe; and
operations office of the BIAF and the nephew of MILF's detailed sketch of the whole bank premises are observed and
Chairman Al Haj Murad. Relatedly, there are other members of studied. In case of armored vans, the group closely observes
the group who are listed as members of the MILF. the time and route of movements of the vehicle.
• Lexus Group , a carnapping group with around 37 members Usually, the bank robbers stage the heist wearing bonnets and
operating in NCR, and Regions 3 and 4, all in Luzon. usually utilize Asian utility vehicles during their operation. The
• Rex “Wacky” Salud Group with 30 members operating in group in most cases uses two sets of vehicles, one being used
Cebu, engaged in illegal gambling and the Vicviv Yu Group on their way to the bank while another will be used as their
with 16 members operating in Central Visayas and also get-away vehicle.
engaged in illegal gambling.
Robbery/hold-up Interpol role is OC
Interpol acts as a central repository for professional and Besides, such efforts will assist in complementing and
technical expertise on transnational organized crime and as a contributing to the national and bilateral efforts undertaken by
clearinghouse for the collection, collation, analysis and Member Countries in combating such crime.
dissemination of information relating to organized crime and
criminal organizations. It also monitors the organized crime Organized Crimes
situation on a global basis and co-ordinates international
Questions have been raised as to the difference of
investigations.
INTERPOL currently has projects targeting organized crimes groups and syndicated crime groups since the
organized/specialized crime in five areas of high activity: two have been interchangeably used in a number of our laws.
Project Millennium – targeting Eurasian criminal Actually there is none-probably only misuse of words.
organizations Clarifications may be achieved however, it we look into the
definition of each critical term;
Project AOC – targeting Asian criminal organizations ORGANIZATION – is a complex set of people and functions
interrelated in hierarchical structure specifically for the purpose
Project Scream – targeting serial murders and rapists of attaining goals.
SYNDICATE – is a body of persons associated for some
Project Bada – targeting maritime piracy
design and undertaking which is usually a bold and difficult
Project Pink Panthers - Armed Jewellery Robberies one.
committed by nationals of former Yugoslavia By its descriptive definition alone, one can safely
deduce that a group maybe a syndicate but may not always be
an organization. During World Ministerial Conference on
ASEAN Plan Of Action To Combat Transnational Crime Organized, Transnational Crime held in Naples in 1994, the
The general objective of the Action Plan is to encourage following definition of ORGANIZED CRIME was adopted:
ASEAN Member Countries to expand their efforts in combating
transnational crime at the national and bilateral levels to the ORGANIZED CRIMES – Systemically planned and
regional level. As espoused in the ASEAN Declaration on prepared criminal acts committed through distributing
Transnational Crime, the overall focus of ASEAN collaboration responsibilities among members of a criminal organization,
will be to strengthen regional commitment and capacity to
through a long term activities using intimidation, violence or
combat transnational crimes which include terrorism, drug
trafficking, arms smuggling, money laundering, trafficking in
corruption regardless of national borders, for he purpose of
persons and piracy. This is in recognition of the fact that financial profit or social power. Therefore, based on the above
tackling transnational crime requires a concerted regional definitions, crime group may sometimes be referred to as
effort in view of its global dimension and pervasive nature. syndicate.
Organized Crime – is a criminal activity by an gambling, prostitution, loan sharking, narcotics, labor
enduring structure or organization developed and racketeering, and other illegal operations of the
devoted primarily to the pursuit of profits through organization.
illegal means. It is sometimes referred to as the The groups may be characterized as persons of
“MOB”, “MAFIA”, “SYNDICATE” or the “COSA decent character, with formal education, having its
NOSTRA”, which are known as “the enemy with in”, own social classes from gangsterism to racketeering.
“the 2nd government”, “the 5th estate” or the “Crime However, organized crime, based on its international
confederation”. The term Cosa Nostra (literally means definition, is not exactly synonymous with crime groups or
syndicates – although they may compose organized crime.
“one thing”) or mafia is use to signify organized
crimes, and one of the varieties names for either mob Crime groups or syndicates may not only be classified
or syndicate. A strict code of conduct governs their as ORGANIZED if it satisfies the following criteria.
behavior called the “OMERTA” – the mafia code of 1. It is composed of hundred of members
secrecy, and informal, unwritten code of organized 2. Its structure is complex as those of any large
crime, which demand silence and loyalty, among other corporation
3. It is subject to laws more rigidly enforced than
thing, of family members. (Abandisky, 1991).
those of legitimate governments.
Whatever be the name, the organization is
known to be formal, with division of labor, with Its organizations are usually structured along
coordination of activities through rules and codes and hierarchical line – a chieftain supported by close
with allocation of task in order to achieve illegitimate advisors, and then lower echelon members; Its action
goals. The organization seeks profit from crimes and are not impulsive, but rather the result of intricate
conspiracies; Responsibilities are distributed through
tries to prevent itself from threats, prosecution, and
long term activities; and has highly sophisticated
even punishment from legal authorities. technology.
Organized Crime – refers to unlawful Our laws, specifically Executive Order Nr. 3 and
activities of the members of a highly organized, Executive Order Nr. 8, define Organized/Syndicated Crime
disciplined organization engaged in supplying illegal Group as;
goods and services, including but not limited to A group composed of two (2) or more persons
collaborating, confederating or mutually helping one another
in the commission of any crime and sometimes enjoying the
protection of people in the government or public service. ORGANIZED CRIME IN THE UNITED STATES
In the Philippines, the presence of organized crime as Organized Crime – define as any crime committed by a
defined in the US and other countries is very minimal if not person occupying in an established division of labor, a position
nil. Highly structured criminal conspiracy with well- designed for the commission of crime providing that such
entrenched contacts in the police, prosecution, judiciary, and in division of labor includes at least one position for a corrupter,
other influential positions of the government exist only in the one position for a corruptee, and one position for an enforcer.
areas of illegal gambling and to some extent, illegal trafficking. 1970 US Department of Justice defined the term as “
However, crime groups do exist and are engaged in All illegal activities engaged in by member of Criminal
various illegal activities. These groups are loosely organized Syndicates Operative throughout the United States and all
and are more entrepreneurial and opportunistic in nature than illegal activities engaged in by known associates and
organized in the structured, hierarchical and disciplined manner confederates of such members”.
employed by such group as the US Cosa Nostra, he Japanese - they provide illegal goods and services.
Boryokudan and the Columbian Cali and Medellin Cartels - Ex.; - gambling, loan sharking, and narcotics or illegal
among others. drugs.
The propensity with which we affixed ORGANIZED or
SYNDICATED when we refer to all crime groups or Approaches used by the OCG:
syndicates is not only misplaced but may unnecessarily create a 1. Nonideological – it is not motivated by social
picture of unmanageable crime situation in the country. Not to doctrine, political beliefs, or ideological concerns;
mention our lack of understanding of the nature, attributes, and its goals are money and power.
extent of organized crime. 2. Hierarchical – it has a vertical power structure with
Therefore, for purposes of accurate monitoring and at least three permanent ranks – not just a leader and
investigation, it is recommended that the meaning of followers – each with authority over the level
ORGANIZED/SYNDICATED CRIME GROUPS should beneath.
fall only in the context of a crime group or syndicate. 3. Limited or exclusive membership – it limits
Adjectives such as syndicated or organized should therefore be membership;
omitted when referring to these criminal elements. - based on ethnic background, kinship, race,
This should not however constrain us from the criminal record, or similar consideration.
awareness that organized crime in criminal activities such 4. Perpetuates itself – its constitutes an ongoing
illegal gambling, drug trafficking and others are continuously criminal conspiracy designed to persist through time
evolving in our country. – that is , beyond the life of the current membership.
Permanence – is assumed by the members, and this 1. Bureaucratic/ Corporate Model
provides an important basis for attracting qualified - the mode of organization essential for
person to the group, thus perpetuating the groups efficiently carrying out large – scale task.
existence. a. a complicated hierarchy
5. Willingness to use Illegal Violence and Bribery – b. an extensive division of labor
violence is readily available and routinely accepted c. positions assigned on the basis of skill
resource. Access to private violence is an important d. responsibilities carried out in an impersonal
dimension that allows the group to actively pursue manner
its goals. e. extensive written rules and regulation
6. Specialization/Division of Labor – will have certain f. communication from the top of the hierarchy
functional position filled by qualified members. The to persons on the bottom, usually in written
position of the enforcer is often crucial. It carries form.
out difficult assignments involving the use of 2. Patrimonial/Patron-client Network – is a
violence, including murder, in a rational manner. characteristic of traditional societies that “centers
Example: fixer and a money mover. around families, patrons and their clients, and other
Fixer – developing contacts with personalistics networks. The emphasis is on
criminal justice and or political officials – or traditional rituals that demonstrate the emotional
arranges for corruption. bonds among men”.
Money Mover – expert at “laundering” Example: Lucchess Crime Family (Vittorio –little
illicitly obtained money, disguising its origin Vic-) Amuso of New York)
through a string of transaction and investing it in The Gambino Crime Family
legitimate enterprises.. American Mafia – a network consists of a
7. Monopolistic – the group eschews competition. collection of connected points or junction.
- They monopolize the area, and usually it a. At the center of each organized
will resorts to violence and corruption of crime unit (Familia: Family) is the
law enforcement. boss (Capo). He is assisted by an
8. Governed by rules and regulations – it likes a under boss (sottocapo) and a
legitimate organization, has a set rules and councilor (consigliere).
regulations that members are expected to follow. b. Surrounding the boss are his
clients, the captains (capiregime)
2 Organizational Models of Organized Crimes
c. Orbiting around each captain are The organization gains from goods and services
his clients, the lowest-ranking that are of great demand by the society but are
members, who have been formally prohibited by law. It includes but not limited to most
initiated into the Family (soldati: victimless crimes such as illegal drugs, alcohol,
“made guys”). The member acts as gambling, pornography, and including bank fraud,
patrons to non members clients. extortion or racketeering and others.
Each unit is tied to other Families Characteristics of Organized Crimes
throughout the country by the 1. It is a conspiracy activity involving
Capo, whose sovereignty is coordination of members.
recognized by the other bosses. 2. Economic gain is the primary goal.
How the Organized Crime Group Works? 3. Economic gain is achieved through illegal
For the organization to work there must be: means.
1. An enforcer – one who make Criminological Types of Organized Crimes
arrangements foe killing and injuring 1. Traditional Crime Syndicates.
(physically, economically, and 2. Non-traditional Crime Syndicates
psychologically) the members or 3. Semi-Organized Crime
non-members. 4. Politically Controlled Organized Crime
2. A Corrupter – one who bribes, buys, Controlling Organized Crimes
intimidates, threatens, negotiates, Organized Crimes can be controlled through:
and “sweet talks” into a relationship 1. Law Enforcement effort
with the police, public officials or 2. Organization of Anti-Organized Crime
any else who might help the measures
members security and maintain 3. Community Awareness and Cooperation
immunity from arrest, prosecution
and punishment. RUSSIANS ORGANIZED CRIME
3. A Corruptee – a public official, In contrast to other criminal organization the emergence
usually not a member of the of the Russian organized crime in the United States is simple
organization family, who can wield and unnoticeable. Unlike the farmers and unskilled laborers
influence on behalf of the who composed the majority of earlier immigration to the
organization’s interest. United States, Russian emirgres are generally urban in origin,
Sources of Illegal Profit well-educated, and industrially and technologically skilled”.
Despite a language barrier, they have marketable skills and regions of the country, often with
have not been closed off from the legitimate ladders of upward international ties.
mobility” Thus Russian-emirgre crime in this country did not
grow out of the same cultural alienation and economic The breeding and training ground for ROC was established
disparity experience by other immigrant groups. Furthermore, during the communist era, and it is against this background that
Russian criminals did not begin their criminal careers as we must understand the variety of Russian organized crime.
members of adolescent street gangs in ethnic ghettos, like other Citizens of the former Soviet Unions were deprived of a work
criminal groups of Cubans, Mexicans, Jews, Italians and ethic – “We pretend to work; they pretend to pay us” – ans
others. The Russian organized crime groups encompasses any scheme to survive. For the average Russian, the consequence
ethnic group-e.g., Armenian, Chechen, Georgian, Jewish, of honesty was deprivation. “In Russia government both of
Latvian, Lithuanian, Tatar, or Ukrainian - from the territory of Tzars and that of the Communist state represented
the former Soviet Union. Parliamentary bodies are riddled with totalitarianism in one form or another where individual
the de facto criminal syndicate representatives, who diligently freedom was suppressed. As such, like invading foreigners of
block or water down any significant anti-crime legislation. Sicily, the internal government system of Russia has made the
While in Italy the word Mafia signifies discreet criminal Russian, like the Sicilian, distrustful of government”.
organizations with strict hierarchical structures, “in Russia it
has come to mean much more. Here it embraces the noxious PROCEDURE AND TECHNIQUES
blend of crime, politics and business that has engulf Russia Intelligence Build-up
since lifting of Communist control”. Validation of Intelligence
In Russian law, Organized Crime distinguished in three 1. Summary
(3) Levels. 2. Order of Battle
1. Gruppirovki _ mainly gangs of 3. Agent’s Reports
extortionist, thieves, swindlers, and Record Exploitation
narcotics traffickers who exhibit a 1. Investigation Reports
rudimentary and episodic structure. 2. Rogues Gallery
2. Prestupnaia organizatsiia – this 3. Modus Operandi File
middle level involves relatively large 4. Transmittal to Prosecutor’s office
formations with connections to 5. Booking sheets
authorities at the regional level. 6. Sworn Statements
3. Soobshchestvo – the highest level 7. Coordination with Government and
has influence extending to multiple Non-governmental offices
Identification of Target Personalities a. Immediate evacuation of
1. Identification/Determination of the injured suspect should be
individual target personalities; made to the nearest hospital
2. Identification of the organizational b. The Team Leader should
Profile of the OCG designate the investigator he
3. Identification of all residences, safe assistance of the SOCO
houses, havens and possible rest preparatory to the conduct of
recreation areas. the Inquest by the Duty
Case-Build-Up Inquest Prosecutor
1. Documentation of targets with c. In the absence 0of the Inquest
derogatory info/record and/or Prosecutor, the investigator
pending cases; should prepare the
2. Documentation of targets with investigation report,
warrants/order of arrest; supported by affidavits and
3. Documentation of all cases pieces of evidence and
committed by Targets with the end- transmit the same to the
in-view of filing cases before the Office of the Prosecutor
proper forum. having jurisdiction of the
Negation Phase place of the incident for
1. Prioritizing targets; appropriate action.
2. Arrest/search before filing the case
3. Arrest/Search after filing the case;
and THE BUSINESSES OF ORGANIZED CRIME
4. counter-action
a. Simultaneous Goods and Services or Extortion
b. Maximum paralyzing effects The business of organized crime has been described as
against the OCG providing as providing goods and services that happen to be
illegal. According to the Task Force on Organized Crime
5. Where police operations result to (1967) “the core of organized crime activity is the supplying
injuries or death of suspect; of goods and service – gambling, loan sharking, narcotics,
and other forms of vice – to countless number of citizen through a roving “handbook,” “runner”, or “sheet writer” who
customers.” transmit the bet to the bookmaker. To maintain security, some
Organized crime has a relationship with the purveyors bookmakers change locations frequently, often monthly, and/or
of illegal goods and services that is extortionate: the business they may use cellular telephones. Many use a “call-back”
of organized crime is extortion, and those criminals who system. The bettor calls an answering service or answering
provide goods and services are its victims. (Thomas Schelling). machine and leaves his or her number. The bookmaker returns
A bookmaker operating in an area dominated by an OC unit the call from a variety of locations, and the bet is placed.
will be required to pay for “privilege” of doing business – or Horse-Race Wagering – is the oldest of the major
suffer from violence (or perhaps a raid by corrupt police). The bookmaking activities, illegal horse-race wagering ranks
OC unit merely “licenses” the business, and the bookmaker or behind sports wagering. This discrepancy has increased with
other criminal purchases a “license” through the payment of the advent of legalized off-track betting in places such as New
“street taxes” to avoid beaten or killed (or subjected to police York, Connecticut, and Illinois.
harassment). Sports Wagering – is the king of bookmaking, although the
Gambling net profit for the bookmaker is typically less than 5 percent. As
Gambling includes a wide array of games of chance and in other forms of bookmaking, the sports bookmaker seeks to
sporting events on which wagers are made. Some of these are act as a broker, not a gambler.
legal-for example, state-licensed horse-and dog-racing tracks Organized Crime and Bookmaking – in an earlier period,
and government-operated off-track betting parlors. Most state bookmaking was an important source of income for organized
operate lotteries, and dozens license casino gambling. State, crime. OC units ran the operation directly
county, and municipal governments earn a great deal of money
from these authorized gambling activities. At the same time, 7
there are unauthorized (illegal) gambling operations whose or “l icensed” syndicate bookmakers, and the wire service that
control is the responsibility of the same governments. provided instant race results was an important source of
Bookmaking organized crime control over bookmaking. However, most
Bookmakers “books” bets on two types of events – horse illegal wagering today involves sports, as opposed to horse
sometimes dog races and sporting events such as football, racing, and bets are made by telephone or over the Internet.
basketball, baseball, and boxing. In earlier days, “horse Payoffs are made the day after the event, so prompt results
parlors” or “wire rooms” neighborhood outlets, were often set provided by the wire service are no longer relevant.
up in the back of a legitimate business. Results coming in over Lotteries/Numbers – e method of raising money by the sale of
the wire service were posted on a large chalkboard for waiting large number of ticket s and subsequent chance selection of
bettors. Today, most bets are place by telephone directly or certain ones entitling the bearers of these to a prize. In 1612,
King James 1 authorized a lottery to promote the colony of Las Vegas and New Jersey – in 1931 the state of Nevada,
Virginia. The lottery was used to help finance the desperate for tax revenue during the Great Depression,
Revolutionary War. Many of America’s outstanding institutions legalized gambling and established licensing procedures for
of higher learning were supported through the use of those wishing to wishing to operate gambling establishments.
lotteries.Policy is based on drawing numbers from 1 to 78 by Las Vegas “served principally as a comfort station for tourists
spinning a wheel. Twelve to fifteen numbers are drawn, and fleeing the desert heat”. Then came Bugsy Siegel, the first
players bet that from one to four numbers in various sequences important criminal to recognize the potential from legalized
will be among those drawn. Bets are typically small, but when gambling in Nevada. Operating out of California, “ from about
a policy operation is controlled by a syndicate, the total profits 1942 until the time of his death, Siegel controlled the wire-
can be quite large. service in Las Vegas through Moe Sedway, an ex-convict,
Casino Gambling and Related Activities – this requires a gambler, and long time associate of many New York mobsters,
great deal of planning, space, personnel, equipment, and who Siegel brought to Las Vegas. Through control of the wire
financing (with a wide array of games of chance, including service, Siegel controlled the operations of all handbooks
roulette, chuck-a-luck, blackjack, and craps). In the past, operating in Las Vegas. He refused wire service to any book
casino, gambling was available in wide “wide-open towns” unless he or his agents operated and managed it” (Kefauver
such as Newport, Kentucky, and Phoenix City, Alabama, and 1951 a:91)
on a more discreet level in Saratoga springs, New York, and Miscellaneous Gambling
Hot springs, Arkansas. Some cities have a tradition of holding Bingo – is one of the miscellaneous gambling; this is played
“Las Vegas Nights,” events often run under the auspices of, or purportedly to raise funds for charitable causes, bingo is also a
with the approval and protection of an organized crime unit, source of profits for organized crime.
using the legitimate front of a religious or charitable Video poker machines are very popular, often a staple in
organization. The operators provide gambling devices, many bars or taverns. This operates like slot machines but is
personnel, and financing, and they share some of the profits legal because they do not dispense money. Payoffs are
with the sponsoring organization. provided by the proprietor (or bar tender) surreptitiously.
OC operatives may also organize or sponsor card or dice Loan sharking (Usury) – derives by the word “Shylock” as
games, taking a cut out of every pot for their services. These depicted in Shakespeare’s writing that there were no Jewish
may be in a permanent location such as a social club or moneylenders in England – all Jews had been expelled from
veterans’ hall, or, for security reasons, may “float” from place that country by Edward I in 1290, and they did not return until
to place. The games may be operated in the home of a person 1650’s. The name “Shylock” reportedly became slurred by
in debt to a loan shark as a form of paying off the loan. illiterate criminals into “shark”, and the word loan shark was
born.
Neshek – was Hebrew term for interet, to bite, something for Fencing – it provides a readily available outlet for marketing
which sharks are noted. stolen (hot) merchandise. He thus provides an incentive for
Between 1880 and 1915, a practice known as “salary lending” thieves and may also organize, finance, and direct their
thrived in the United States. This quasi-legal business provided operations.
loans to salaried workers at usurious rates. The collection of CRIMES IN THE MODERN WORLD
debts was ensured by having the borrower sign a variety of The crimes in the modern world represent the
complicated legal documents that subjected him or her to the latest and the most dangerous manifestations of the something-
possibility of being sued and losing employment. for-nothing-complex problems of society. This includes
Loan sharking embodies two central features; the assessment Organized Crimes, White-Collar Crimes, Conventional
of exorbitant interest rates in extending credit; and the use Crimes, and the victimless Crimes.
of threats and violence in collecting debts.
WHITE-COLLAR CRIMES
Payday loans – salary lending; takes advantage of people who Erwin Sutherland defines white-collar crime – as
are willing to pay high interest rates to get small , short-term criminal acts committed by a person of respectability and high
loans, which many banks no longer offer. social status in the course of his or her occupation.
Forms of White-Collar Crimes
Theft and Fencing 1. Corporate crimes – the violation of a criminal
Stolen Securities – in the late 1960s and early 1970s saw a statute either by a corporate entity or by its
dramatic increase in the volume of securities being traded, executives, employees or agents, acting on behalf of
which provided a lucrative source of income for organized and for the benefit of the corporation, partnership or
crime. Because of the large volume of trade, security grew lax. other business entity.
Paperwork’s began to back up. And brokerage houses and 2. Environmental Crimes – violation of criminal law
banks were frequently totally unaware that hundreds of which, although typically committed by businesses
thousands of dollars worth of securities were being taken from or by business officials, may also be committed by
their vaults. Thus, the securities were not even reported as other persons or organizational entities, and which
missing for several months. Employees with gambling or loan damage some protected or otherwise significant
shark debts or those merely seeking to supplement their aspect of the natural environment.
incomes found a ready market for such “papers”. All that was 3. Occupational crimes – any act punishable by law,
needed was an OC connection. In some cases, armed robbery which is committed through opportunity created in
or “give ups” (faked robberies) of messengers were used. the course of an occupation that is legal.
Classification of Occupational Crime: e. Organizational crime – illegal actions taken in
1. Organizational Occupational Crime – crimes accordance with operative organizational goals that
committed for benefit of the entire organization in seriously harm employees or the general public.
such instance only the organization of the employer, f. Upper-world crime – law-breaking acts, committed
not individual employees. by those who, due to their positions in the structure,
2. State Authority Occupational Crime – crimes by have obtained specialized kinds of occupational
officials through the exercise of their state-based slots essential for the commission of these offenses.
authority. Such crime is occupation specific, and
can only be committed by person in public office or Dealing with White-Collar Crimes
by working for such persons. Gary Green pointed out that professional criminals
3. Professional Occupational Crime – crimes by would probably continue to enjoy immunity from
professionals in their capacity as professionals. The prosecution. Hence, they are unlikely to be deterred by
crimes of physicians, attorneys, psychologists, and sanction or threat and are unlikely to be formally disqualified
the like are included here. by their professional organizations. They will therefore feel
4. Individual Occupational Crime – crimes by free and be free to continue or begin their activities.
individuals as individuals which include income tax James W. Coleman suggests four areas of reform,
evasion, theft of goods and services by employees, which white-collar crime might be effectively addressed:
the filing of false expense report, and the like. 1. Ethical Reforms – reform include such things as
Occupational crimes also refer to: working to establish stronger and more persuasive
a. White-collar crime (Sutherland) codes of business ethics. Courses in ethical
b. A vocational crime – committed by one who does businesses might be offered in universities, and
not think for himself as criminal and whose major corporations could school their employees in right
source of income is something other than crime. livelihood.
c. Corporate crime – committed by corporate officials 2. Enforcement Reforms – reform center on the
for their corporations and the offenses of the belief that white-collar criminals must be severely
corporation itself. published, but also include such things as better
d. Economic crime – illegal activity that principally funding for enforcement agencies dealing with
involves deceit, misrepresentation, concealment, white-collar crime, and insulation of enforcement
manipulation, breach of trust and illegal personnel from undue political violations.
circumvention. 3. Structural Reforms – involves basic changes in
corporate structure to make white-collar crime more
difficult to commit such as selective nationalization - Urban Violence
of firms that have long records of criminal
violations. Property Crimes – are crimes of economic interest. It includes
4. Political Reforms – focus on eliminating campaign those crimes that would most commonly be categorized as theft
contributions from corporations and businesses, but in ordinary language. It also includes but not limited to
also include the level of fairness in determining offenses such as unlawful entry to commit theft, shoplifting,
government grants and contracts, the government vandalism, and arson.
must serve as a police itself. This includes the Property crimes are also in the forms of:
enforcement of laws and regulation of the activities 1. Occasional Property Crimes
of elected officials and administrative personnel. - Shoplifting, Vandalism
- Motor vehicle theft, Check Forgery
THE CONVENTIONAL CRIMES 2. Conventional Property Crimes
Conventional crimes are groups of crimes categorized - Burglary/unlawful entry to commit theft
as violent crimes (index crimes) and property crimes. - Fence
Violent crimes are criminal acts, which in the threat of - Larceny/Theft
or actual physical harm by an offender to a victim. It presents 3. Destructive Property Crimes
not only index offenses that every one recognizes as violent - Arson
(murder, rape, robbery) or other acts involving force and Violent Crimes (Index Crimes)
intimidation but also “violent crimes” that are commonly `A. Murder
categorized as “social problem” such as domestic violence, Murder - is the unlawful killing of human being
child abuse, elder abuse, etc. with malice and with the “act of violence).
Violent acts are in the forms of:
1. Interpersonal Violence Types of Murder:
- Forcible Rape
- Serious Assault, Family Violence, Robbery 1. Serial Murder – an act of involving killing of
several victims in three or more separate incidents
2. Political Violence over a week, a month or a year.
- Terrorism 2. Mass Murder – it is the killing of four or more
victims at one location with one event.
3. Collective Violence
- Riots, Mobs, Crowds
3. Spree Murder – the killing of in two or more 1. The Professional Robber – robber who has
locations with almost no time break between long-term commitment to the crime of
murders. robbery as a major source of livelihood.
B. Homicide and Assault 2. The opportunist – the commonly known as
Homicide – is also unlawful killing without the “bandits”, one who has little commitment to
qualifying circumstances of murder. It is generally or specialization in robbery and one who is
regarded as the most commonly committed of all the all purpose property offender.
index crimes (based on the UCR offenses). 3. The Addict Robber – one who can commit
Assault – is called “unlawful attack” to another the crime of robbery to support their drug
person purposely to harm or inflict physical injuries. It habit? (Unplanned)
is a crime that involves offering to give bodily harm to 4. The Alcoholic Robber – like the addict
a person or placing the person or placing the person in robber who engages to robbery occasionally
fear. in order to support his habit. (Unplanned)
C. Robbery 5. The Muggers – they are the most feared
INTERPOL defined robbery as “violent theft”. robbers. They are semi-professional robbers
It is the taking of property belonging to another with who are sometimes called “strong armed
intent to gain by means of force upon things, violence robbers” – the street robbers who commit
of intimidation against the person. everything from snatching to the
Kinds of Robbery brutalization of the victim.
1. Robbery of Person – “hold up cases”
2. Robbery in open place following sudden
attack – “snatching Cases”
3. Robbery in private premises – “forcible
entry”
4. Robbery after preliminary association of
short duration between victims and offender
5. Robbery in case of previous association
between victim and offender
Types of Robbers