CDI Flashcards
(56 cards)
exists when the evidence submitted to the Inquest Officer engenders a
well-founded belief that a crime has been committed and that the arrested or detained person is probable guilty
thereof.
Probable Cause
is the end product resulting from the collection, evaluation, analysis,
integration and interpretation of all available information which my have immediate or potential significance to the
development and execution of plans, policies and programs of the users.
Intelligence
an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons
arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining
whether or not said persons should remain under custody and correspondingly be charged in court.
Inquest
A search warrant must be served within____ days from its date (thereafter, it shall be void)
10 days
a form of warrantless arrest must have the following elements: a) that an offense has been committed, b) offense has just been
committed, and c) that there is probable cause based on personal knowledge of facts or circumstances that the persons
to be arrested where the ones who committed it.
Hot Pursuit
is the taking of a person into custody so he can answer for the commission of an offense.
Arrest
is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and to bring it before the
court.
Search Warrant
WHO ARE EXEMPTED FROM ARREST
a. President of the Philippines
b. Senators or members of the House of Representatives, while Congress is in session, in all offenses punishable
by not more than six (6) years imprisonment.
c. Diplomatic officials and their domestics.
It is the number of persons who handled and possessed the pieces of evidence the moment they were collected, marked
and tagged, up to the time of the final disposition of the case.
Chain of Custody
is the secret procurement of information, which is obtained without the knowledge of the person or persons safeguarding vital intelligence interest.
Covert Intelligence
It is an art which deals with the identity and location of the offender and provides evidence of guilt through
criminal proceedings.
Criminal Investigation
deals with the study of major crimes based on the application of special investigative
techniques. It is also the study concentrates more on physical evidence; its collection, handling, identification and preservation in coordination with the various criminalists in the crime laboratory.
Special Crime Investigation
It refers to the 5 (W’s) and 1 (H) in Investigation
Cardinal Points of Investigation
It is the knowledge/data which an investigator acquired from other persons and records.
Information
QUALITIES OF A GOOD INVESTIGATOR
- Perseverance
- Intelligence
- Honest
- Understanding of the people and environment
- Keen power of observation
As a general rule, where should all crime incidents be recorded?
Log Book
is the person who is charged with the duty of carrying out the objectives of criminal investigation. He is an
individual who gathers documents and evaluates facts about crime
Investigator
Who shall have the duty to secure the crime scene and if possible, prepare to take the “dying declaration” of severely injured person?
First Responder
is the questioning of a law enforcement officer on a person under
custody and otherwise deprived of his freedom or liberty. This is the stage in investigation where there is strict
observance of the Miranda Doctrine. MIRANDA DOCTRINE
Custodial Investigation/Interrogation
It is the application of instruments and methods of physical science to the detection of crimes. In cases where there are no significant physical evidence to be found, then the use of instrumentation is relatively unimportant.
Instrumentation
is the direct acknowledgement of guilt arising from the commission of a crime.
Confession
RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION
- Confession or admission must be taken preferably in writing and under oath
- It must be written in the language known and understood by the accused, if not it must be clearly translated
- It must be freely and voluntary given by the accused
- Under the New Constitution, it must be taken in the presence of competent and independent counsel chosen
by the accused
Is a conversation with a purpose, motivated by a desire to obtain certain information from the person being interviewed as to what was done, seen, felt, heard, tasted, smell or known.
Interview
those made by the accused in open court. The plea of guilt may be during arraignment or
in any stage of the proceedings where the accused changes his plea of not guilty to guilty.
Judicial Confession