FP_LESSON 16
Prepared by: CAM Gonzales
FP_LESSON 16
Prepared by: CAM Gonzales
Receive the crime scene from the first responder.
Record time/date of arrival at the crime scene, location of the scene, condition of the weather, condition and type of lighting, direction of wind and visibility.
Photograph and/or video the entire crime scene. Before entering the crime scene, all investigators must put on surgical gloves.
Before touching or moving any object at the crime scene in a homicide or murder case, determine first the status of the victim, whether he is still alive or already dead. If the victim is alive, the investigator should exert effort to gather information from the victim himself regarding the circumstances of the crime, while a member of the team or someone must call an ambulance from the nearest hospital. Before removing the victim, mark, sketch and photograph his/her relative position. Only a coroner or a medical examiner shall remove the dead body unless unusual circumstances justify its immediate removal.
Designate a member of the team or ask other policemen or responsible persons to stand watch and secure the scene and permit only authorized persons to enter the same.
Identify and retain for questioning the person who first notified the police, and other possible witnesses.
Determine the assailant through inquiry or observe him if his identity is immediately apparent. Arrest him if he is still in the vicinity. Separate witnesses in order to get independent statements
The investigator begins the process of recording pertinent facts and details of the investigation the moment he arrives at the crime scene. (He should record the time when he was initially notified prior to his arrival).
He also writes down the identification of persons involved and what he initially saw.
He also draws a basic sketch of the crime scene and takes the initial photograph (if a photographer is available, avail his services). This is to ensure that an image of the crime scene is recorded before any occurrence that disturbs the scene.
NOTE: As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been processed through notes, sketches and photograph, with proper measurements.
Each crime is different, according to the physical nature of the scene and the crime or offense involved. Consequently, the scene is processed in accordance with the prevailing physical characteristics of the scene and with the need to develop essential evidentiary facts peculiar to the offense. A general survey of the scene is always made, however, to note the locations of obvious traces of action, the probable entry and exit points used by the offender(s) and the size and shape of the area involved.
In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated (In the interest of uniformity, it is recommended that the clockwise movement be used.) The investigator examines each item encountered on the floor, walls, and ceiling to locate anything that may be of evidentiary value.
You should give particular attention to fragile evidence that may be destroyed or contaminated if it is not collected when discovered.
If any doubt exists as to the value of an item, treat it as evidence until proven otherwise.
Ensure that the item or area where latent fingerprints may be present is closely examined and that action is taken to develop the prints.
Carefully protect any impression of evidentiary value in surfaces conducive to making casts or molds. If possible, photograph the impression and make a cast or mold.
Note stains, spots and pools of liquid within the scene and treat them as evidence.
8. Treat as evidence all other items, such as hairs, fibers, and earth particles foreign to the area in which they are found; for example, matter found under the victim's fingerprints.
9. Proceed systematically and uninterruptedly to the conclusion of the processing of the scene. The search for evidence is initially completed when, after a thorough examination of the scene, the rough sketch, necessary photograph and investigative notes have been completed and the investigator has returned to the point from which the search began.
10. Further search may be necessary after the evidence and the statements obtained have been evaluated.
11. In large outdoor areas, it is advisable to divide the area into strips about four (4) feet wide. The policeman may first search the strip on his left as he faces the scene and then the adjoining strips.
12. It may be advisable to make a search beyond the area considered to be the immediate scene of the incident or crime. For example, evidence may indicate that a weapon or tool used in the crime was discarded or hidden by the offender somewhere within a square-mile area near the scene.
13. After completing the search of the scene, the investigator examines the object or person actually attacked by the offender. For example, a ripped safe, a desk drawer that has been pried open or a room from which items has been stolen, would be processed after the remainder of the scene has been examined for traces of the offender.
14. In a homicide case, the position of the victim should be outlined with a chalk or any other suitable material before the body is removed from the scene. If the victim has been pronounced dead by a doctor or is obviously dead, it is usually advisable to examine the body, the clothing and the area under the body after the remainder of the scene has been searched. This is to enable the policeman/investigator to evaluate all objects of special interest in the light of all other evidence found at the scene.
This is accomplished after the search is completed, the rough sketch finished, and photographs taken. Fragile evidence should be collected as they are found.
All firearms (FAs) found to have tampered serial numbers (SNs) shall be automatically subjected to macro etching at the Philippine National Police Crime Laboratory (PNP-CL). A corresponding request to the Firearms and Explosive Office (FEO) must be made for verification purposes.
The investigator places his initials, the date and time of discovery on each item of evidence for proper identification. Items that could not be marked should be placed in a suitable container and sealed.
Any physical evidence obtained must be marked or tagged before its submission to the evidence custodian. These are information to ensure that the items can be identified by the collector at any time in the future.
This precaution will help immeasurably to establish the credibility of the collector's report or testimony and will effectively avoid any suggestions that the item has been misidentified.
Markings on the specimen must at least contain the following:
1. Exhibit Case Number
2. Initials and or signature of the collecting officer.
3. Time and date of collection.
Note: It is also important to note the place or location where the evidence was collected.
Each item of evidence must be evaluated in relation to all the evidence, individually and collectively.
If necessary, these pieces of evidence must be subjected to crime laboratory examination. Example: firearms for ballistic examination, hair strands etc.
It is the investigator's responsibility to ensure that every precaution is exercised to preserve physical evidence in the state in which it was recovered/ obtained until it is released to the evidence custodian.
All collected evidence can only be released upon order of the court or prosecutor, as the case maybe.
A list of all persons who came into possession of an item of evidence, continuity of possession, or the chain of custody, must be established whenever evidence is presented in court as an exhibit. Adherence to standard procedures in recording the location of evidence, marking it for identification, and properly completing evidence submission forms for laboratory analysis is critical to chain of custody. Every person who handled or examined the evidence and where it is at all times must be accounted for.
As a rule, all seized evidence must be in the custody of the evidence custodian and deposited in the evidence room or designated place for safekeeping.
Ensure that appropriate inventory has been made.
Release is accomplished only after completion of the final survey and proper documentation of evidence, witness/es, victim/s and suspect/s
If the crime scene is within a private property, the same must be released to the lawful owner witnessed by any barangay official. In case of government facility, it should be released to the administrator.
Proper handling of physical evidence is necessary to obtain the maximum possible information upon which scientific examination shall be based, and to prevent exclusion as evidence in court.
Specimens which truly represent the material found at the scene, unaltered, unspoiled or otherwise unchanged in handling will provide more and better information upon examination.
Legal requirements make it necessary to account for all physical pieces of evidence from the time it is collected until it is presented in court. With these in mind, the following principles should be observed in handling all types of evidence:
The evidence should reach the laboratory in same condition as when it was found, as much as possible.
The quantity of specimen should be adequate. Even with the best equipment available, good results cannot be obtained from insufficient specimens.
Submit a known or standard specimen for comparison purposes.
Keep each specimen separate from others so there will be no intermingling or mixing of known and unknown material. Wrap and seal in individual packages when necessary.
Mark or label each of evidence for positive identification as the evidence taken from a particular location in connection with the crime under investigation.
The chain of custody of evidence must be maintained. Account for evidence from the time it is collected until it is produced in court. Any break in this chain of custody may make the material inadmissible as evidence in court.